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08-03-99ex?i >$ ;izat� MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMI99IONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: August 3, 1999 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: August 17, 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 remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Roll Call: B. Invocation: Reverend Dr. Marta Burke, Pastor of First United Methodist Church of South Miami C. Pledge of Allegiance: D. Presentations) A. Employee of the Month B. Lee Mark & Manny Alonso, South Miami Bicycle Race ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes June 1, 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, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $18,496.70 TO WEBSTER'S TEAM SPORTS, FOR PURCHASING FOOTBALL EQUIPMENT AND UNIFORMS AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000- 5630, "FOOTBALL ". 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS IN THE AMOUNT OF $1,320.00 TO SIGN ONE PARTNERS INC. FROM ACCOUNT NUMBER 001 - 0000.131.2210, " FUCHS PARK RENOVATIONS" (PROJECT NUMBER FRDAP- F98078), FOR A CUSTOM DESIGNED SIGN AND INSTALLATION FOR FUCHS PARK. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 6. 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. 4/5 RESOLUTION (S) HEARING There are none RESOLUTION (S) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEMBERSHIP FOR THE CITY OF SOUTH MIAMI IN THE CHAMBER OF COMMERCE, AT A COST NOT TO EXCEED $1,725 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01- 1100 - 51105410, MEMBERSHIP AND SUBSCRIPTIONS. (Mayor Robaina) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADVISING THE PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE OF 6.59 MILLS; ITS ROLL -BACK RATE OF 5.995 MILLS AND ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET, ALL REGARDING THE CITY'S 1999/2000 FISCAL YEAR BUDGET. 3/5 CITY COMMISSION AGENDA 2 AGENDA - July 27, 1999 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 1998/99 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 1999, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. 3/5 ORDINANCE (S) FIRST READING 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 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 REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE C00IISSION 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". CITY COMMISSION AGENDA AGENDA - July 27, 1999 PUBLIC REMARKS COMMISSION REMARKS 3 El CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles D. Scurr City Manager CG'� REQUEST DATE: July 28, 1999 SUBJECT: Agenda # Commission Meeting August 3, 1999 Football Equipment/ Uniforms The purpose of this memorandum is to recommend the approval of the attached resolution to purchase equipment and uniforms for the 1999 South Miami Grey Ghosts Pop Warner Football Program. BACKGROUND & ANALYSIS Each year the Parks & Recreation Department provides equipment and uniforms for the youth and coaches participating in the South Miami Grey Ghosts Pop Warner Football Programs. Upon registration, the uniforms and equipment are issued and accompanying the latter is a letter that must be signed by a parent or guardian making them responsible for payment of lost items. (See attached). At the conclusion of the season, participants keep their game jersey and practice shirts and the remaining items are returned. Due to wear and tear, some gear /uniforms need to be replaced. Helmets, for safety reasons, have a mandatory replacement policy. Upgrading equipment and uniforms is vital to this program. Safety is our number one priority. Each year our program grows and grows and with this in mind, additional items need to be purchased. The Parks & Recreation Department has obtained three (3) bids; Webster's Team Sports $ 18,496.70 Coleman's Sports Shops $ 19,411.15 Allen Sports Center Inc. $ 20,145.00 A purchase order will be awarded to Webster's Team Sports. This company is reliable and their inventory surpasses the majority of all local sporting good companies. They provide a considerable discount on shoes and uniforms. They have been in business for the past 50 years in the South Florida area. They have always treated the City of South Miami Parks & Recreation Department with courtesy and good service. Funding will come from Account 001 -2000- 572.5630, "Football, which has a balance of $18,700.75. Remaining balance after items purchased $204.05. RECOMMENDATION Approval is recommended. 99 Football uniforms Commission I Resolution No. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE 6 THE SUM OF $18,496.70 TO WEBSTER'S TEAM SPORTS, FOR PURCHASING 7 FOOTBALL EQUIPMENT AND UNIFORMS, AND CHARGING THE 8 DISBURSEMENT TO ACCOUNT NUMBER 2000 -5630, "FOOTBALL ". 9 10 11 WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for 12 purchases of items over $1,000.00; and 13 14 WHEREAS, Webster's is a reliable and reputable sporting goods family business 15 serving South Florida over 50 years; and 16 17 WHEREAS, Webster's in -house inventory surpasses the majority of all local sporting 18 goods companies; and 19 20 WHEREAS, Webster's will provide for considerable discount on shoes and uniforms; 21 and 22 23 WHEREAS, The following three bids were obtained: 24 25 Webster's Team Sports $ 18,496.70 26 Coleman's Sports Shops $ 19,411.15 27 Allen Sports Center Inc. $ 20,145.00 28 29 30 WHEREAS, Webster's Team Sports is the lowest bidder. 31 32 33 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 37 Section 1. That a purchase order would be awarded to Webster's Team Sports. 38 39 Section 2, The City Manager is hereby authorized to disburse the sum of 40 $18,496.70 from account number 2000 -5630, "Football ". 41 42 Section 3. This resolution shall take effect immediately upon approval. 43 44 45 PASSED AND ADOPTED this day of August, 1999. 46 47 ATTEST: APPROVED: 48 49 CITY CLERK MAYOR 50 51 52 READ AND APPROVED AS TO FORM: 53 54 CITY ATTORNEY TO: Ana M. Garcia Director CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM PARKS & RECREATION DEPARTMENT DATE: July 21, 1999 FROM: Bernard Hannah SUBJECT: Football Equipment Recreation Supervisor 1999 Season This memo is to advice all participants that if a player loses or misplaces his Football uniform or equipment, he will not be issued a new one or any other equipment until he or his parent /guardian pay for the missing items. Cost per item: I Helmets Shoulder Pads Game Pants Practice Pants Hip Pads Thigh Pads Knee Pads $ 50.00 $ 30.00 $ 40.00 $15.00 $ 7.00 $ 4.00 $ 3.00 _ have reviewed this form Signature of Parent/Guardian and I am aware of the fact that I (parent/guardian) am responsible for misplaced items and will be charged if lost or not returned to the Parks & Recreation Department or designated Recreation Supervisor. If you have any questions, please notify your child's coach. Thank you. Price List Fwtbeit Bemard 99 Wobster's team sports 3560 W. Prospect Rd. Ft. Lauderdale, FL 33309 DATE: 6111f f QUOTATION /SALES ORDE' ACT #: ' a SOLD TO: 570 j, i''�14M I ADDRESS: 800- 940-0010 -- Fax: 954 - 733 -0008 SALESMAN: �'�� ORDERED BY: P er" A rd. SHIP VIA: P /O #: ITEM# DESCRIPTION , . . `ISoN r $loyb o" fh -j*AW 7.e,rse 3 /15 Aa.e0 g5t;,cC. la't A!A nmt Nu M hers prvr.# 41wd 94 c k _ t tv(o't 5'I-4s. k S 'I saes E 7 fs t - aSco / 7SO. v2 Ste le4f � af Lo 45 O-A- ,- JS'a,tI F�733 v.�l� 1 crA �v / N 3�� ly 710, ve ck +l-. 779-0 4IR X 0,1117 /v /As e, S'O 6P, y %Sv ,A '60 A,4,sk ,f+bqct e-J k -15 o-v P13&0 F..ebtiul -i'DT F1300 w t'l s c ,•' F 13 &a- ]rpo ,,,(,l f k� l (v 9� ?. 9'� y7 9, o 3 4 7, c 9m-s y 7vo 7 4,eie � PAJ 5 120 60 7, L sohwW-f- /flip -ee ,,d-f 60 3, o° y Ato- ", �•._h n =dJ rry 5P-000 eoa - ,ea /A $vS, Sr ami rz-v / =SP /w .9v '�tJ4' lb S4gw1,&- P44 �2 � - �7/ � /(�• Leh,►, -�f�v e.H�.v�'a YAP /�� /JyfT ij CSS Screwi 'rq i sh.: 7- Nw h loo 2- ;7,p0 CUSTOMER SIGNATURE: i \Q� ¢ m O cc S d = O p Q V(1 12 w Q O sS�F cn� a Z W. cn r a �l oo \Y E LL s� �'W-p J J_ LL N U ❑ I O O _ e_log > 58- ¢ � > C6 U - w E5 J 1= J J J CC H (A>mOU m O N X N LU O N ((�� `;� O LU � O > O ►YpVi� v� m Z to LU w 1 O O U w `v �{J V O O w t� 2 Z o cyi o w o Jti w F- J 8 w cn w a a c cc W4 i i �Q cc °gW I o �► C 1� �fi� o O� 14 U LL ka Q w LL � U �.. k O U OJ U 1 w LU \ s aUi rc aNe LL � cc Z LZU 0 oo ti � � vOj � LW Q cot b 0 0 0 Q p cc M`\ Q �1D`yQ Z r» V, LU F y LL 7SS a N y x o a �� w o w m J ° z 3=�n g z— w a O� U a t > Q ¢ tTfi O m g� J H J Q J J F= t/] �: m o iS mn cn X N 0 Q ° N Z O a >o �S > o to Z 2 JO Y ti m Q w �. C4 cr O Z e �. e�� A cc O O O U Lj O O U w t U U 2 Z J �' w W W O N N w Z �/1 - U (n 0 cr �QmmN I Q � V1 ill N �pW�� o 40 V a, Z aCD p 0 g ? LU p� LU o� ca � U U ¢Q w ` U 2 O ? w � cn2 —aawo tL p ;U cn •• 0 "' O O 0 O LL U U J° ° Cl O ` Q Vl V O LL: �J _l J ``` CL 0 13 13 s LL EL LO LU LU 1> Lu Lo LU PE CWC to cn cc LU ui P LL LLI cc LLJ cn Lu - a o CD 0 't- j 4, i 3 E 'c3) < .1 0 LU 28 La Ilk 0 LU LIA VY cc LL: z g ui LU F E <) 8 I -3 1�1 I - 0 19, '% i -LL � I RI ``` - G585 Seminole 8lvd — Seminole, FL33772 (727) 397-0421 T 0 Ship_ Terms Salesman t)nt'.2 Date OWN Oz FMM =EWEN WIN I MW Invoice Cost Amount Paid Balance Due 6685 Seminole Blvd. (727) 397-0421 ................................. I .............................................. ................................................................................ Special Instructions ...... I ........ ................................................................. Date AR,rICLE PRICE EXTENSION - I 27� Invoice # Cost Amou n t Paid Balance Due v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: July 30, 1999 FROM: Charles D. Scurr SUBJECT: Agenda # - SOO"- City Manager fUO4 Commission Meeting August 3, 1999 Sign One Partners Inc. REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution requesting a sign at Fuchs Park. BACKGROUND & ANALYSIS Fuchs Park does not have signage notifying the community of the name of this park. To eliminate this problem, various quotes were acquired for creating a sign. The sign will be sandblasted and city colors will be applied; also the sign will be inscribed with certain acknowledgements. The sign will be configured to match similar signs erected in other City parks, such as Dante Fascell Park. Three quotes received: Sign One Partners Inc. $1,320.00 Don Sign Shoppe $1,500.00 FastSigns $4,653.07 Funds for this purchase will be disbursed from account number 001.0000.131.2210, "Fuchs Park Renovations ", (Project number FRDAP F98078), at $1,320.00 to Sign One Partners, Inc. Funding will come from Account number 001 - 0000 -131 -2210, (Project number FRDAP F98078); approximate balance in this account is $22, 000.00. RECOMMENDATION Approval is recommended. S19We Fuchs Pack 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 54 55 56 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS IN THE AMOUNT OF $1,320.00 TO SIGN ONE PARTNERS INC., FROM ACCOUNT NUMBER 001.0000.131.2210, "FUCHS PARK RENOVATIONS ", (PROJECT NUMBER FRDAP — F98078), FOR A CUSTOM DESIGNED SIGN AND INSTALLATION FOR FUCHS PARK. WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, Fuchs Park does not have signage notifying the community of the name of this park; and WHEREAS, Funding does cover signage; and WHEREAS, The Parks & Recreation Department would like to keep the park signage configured to match similar signs in other City parks; and WHEREAS, The following three quotes were received and Sign One Partners Inc. was the lowest bidder: Sign One Partner Inc. $1,320.00 Don Sign Shoppe $1,500.00 FastSigns $4,653.07 and WHEREAS, A sandblasted sign with city colors will enhance this park. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to disburse the sum of $1,320.00 from account number 001.0000.131.2210, "Fuchs Park Renovations" (Project number FRDAP — F98078), for a purchased order established to Sign One Partners Inc. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August 1999. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY SV.ge Poch, Fad Sin 0- P.,t— Inc. 771,gna l zt p i NAMS I AWRE.SS City Of South MiMw 6130 Sunset Dave South Miami, FL 33143 SIGN GNTE PARTNERS Estimate 1061 E 28TH ST HIALEA.H, YL 33013 1 ()ATE il ESTIMATE 305 888 -6555 FAX "305)888-5202 - --; 7IMW 4 2003 E-MAIL: SIGN 1INC AOL.COM _ PROJECT DESCRIPTION ; QTY { � � � RATE I TOTAL i 3' X 6 SANBLAMTED - SAAR COLORS AS BEFORE - 1 � 3,320.01D ' 1,32p.QD INSTAUX..D WITH 4" X 4" POSTS I� I l i i I f i i � � r Thw* You For Your Business. SIGNATURE �w h o� w g vim, 16 E � � W to at X Z IL IM z 0 400 o � o 0 W 0 00 ti 4 g vim, 16 E � � W to at X Z IL IM z 0 400 o � o 0 W 0 00 10 �' r-1►M / =L71v t For a Ow ty Sign mat's Nht. On Tft* 07 -29- 1999 CITY OF SOUTH MIAMI ATTN: DOUG BAKER 6130 SUNSET DRIVE SOUTH MIAMI FL. 33143 Dear DOUG, Phone: 305- 665 -5921 THANK YOU FOR YOUR INTEREST IN FASTSIGNS! Estimate No. 4840 Fax: 305-669-1266 IT '! : Product: SUB Color: Size: 0 X 0 Quantity; 0 Sides) 0 Description SANDBLASTED= MDU- : :3BX73,:i $ 1755.82 CI'!( -Z:' Product: SUB Color: Size: 0 X 0 Quantity: 0 Sides) 0 Description: 0.4'N 1I 'k TEI D' 1U ;H $ 2400.45 lTRA:: :: , Product: SUB Color; Size: 0 X 0 Quantity: 0 Sides) 0 Description 31 T $ 108.00 1,T9 14?' Product: SUB Color: Size, 0 X 0 Quantity: 0 Side(s1 0 Description $I�I;II O N.: � H�kt�t~1Ll�t� $ 388.80 Sub Total $ 4653.07 Sales Tax $ 0.00 Total $ 4653.07 Sincerely, FASTSIGNS THANK YOU FOR USING FASTSIGNS. WE REQUIRE A 50% DE- POSIT OR A CREDIT CARD ON HOLD TO CONVERT ESTIMATE INTO AN ORDER. INSTALLATION IS NOT INCLUDED! 8227 S. Dixie Hwy. Miami, Florida 33143 PHONE: 305 -669 -9344 FAX: 305 -669 -9845 ZO 39Vd FASTSIGNS. for a auarty Sign nies ", On Trm.• SV9669990C OT :VT. 666T /6Z, /Z0 0ON'S. SIGN SHOPPE 130 r b SW 132 Coo ii MAM.1 FLORIDA 33186 CA� VIA CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: August 3, 1999 From: Charles D. Scurr J e City Manager REQUEST: Agenda Item # Re: Comm. Mtg. 11/03/98 Second 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. We have had discussions with key representatives from Charter and they have assured us that they wish to be good partners with the City. They have agreed to include a specific assurance in the ordinance regarding the continuation of cable broadcast services. They have requested more general language than was contained in the earlier ordinance. 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 11 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 ever g. 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 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 to the City. 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. APPROVED: iz. v 1 st Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by eveo�ki;. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f /kia Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING — 8/3/99 AN ORDINANCE RELATING TO FRANCHISES In the .......... .......... xxxxxxx ..................... Court, watgtpybllsie3d'n sai4nrV xspaper i4utu4 Isa24:s r 19 9 9 AHiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of Enext preceding the first publication of the attached of dvertisement; and afflant further says that she has er Id nor promised any person, firm or corporation an dl unt, rebate, commission or refund for the purpose of ng this verUsement for publication in the said n per. 2 0 Sworn o Y and subscribed before me 15 ...... day of ......................... A.D. 19...... ... w�Get�is�4rt ......... (SEAL) ll,R Y P& OFFICIAL NOTARY SEAL Scolds Williams pers u known f"CHERYL H MARMER �� ' COMMISSION NUMBER °A '� Q CC545384 9f4<1 S F1_0 0 APR. 000 EXPIRES ---CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY given that the- City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting' Tuesday, August 3, 1999 beginning at 7:30 p.m., in the City Commission Chambers; 6130 Sunset Drive., to consider the following described item(s): 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, [NO. TD CHARTER COMMUNICATIONS, LLC,:.:PROVIDING FOR.:., SEVERABILITY, ' ORDINANCES IN CONFLICT AND AN ' EFFECTIVE DATE. ' Said ordinance can be Inspected in the City Clerk's Office; Monday - Friday during regular office ' hours.` Inquirl;i concerning this item should be directed to the Planning. Department at: 663.6327.* ALL interested parties are invited to` aiten and will be hear Ronetta Taylor, CMC y( City Clerk City of South Miami - Pursuant to Florida Statutes 286.0105, the City hereby adwsea,the_y public that if a person decides to appeal any decision made by this -" Board, Agency or Commission with respect to any matter considered I at its meeting or hearing; he or she Will need a record of the -proceed= ings; and that for such purpose, affected person may need-to en5un� that a verbatim record of the proceedings is made which record the testimony and evidence_ upon which the appeal Is to be ' based. mod.. 7/13 -20 59.347137M i OCHARTER COMMUNICATIONS@ May 19, 1999 Mr. Charles Scurr, City Manager City of South Miami 6130 Sunset Drive S. Miami, FL 33143 Re: Transfer of Cable Television Franchise, FCC Form 394 Dear Mr. Scurr: Charter Communications, LLC ( "CC -LLC ") has entered into a contract to purchase an interest in those assets which comprise the franchise to operate a CATV system within the City of South Miami. At this time, we respectfully request your consent to an assignment of the cable franchise from Cable Satellite of South Miami, Inc. to Charter Communications, LLC. Enclosed please find a completed FCC Form 394 - Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise, along with a model transfer ordinance and all required exhibits and documentation. Charter Communications, A Wired World Company, ( "Charter") now majority owned by Microsoft co- founder, Paul Allen, is dedicated to superior customer service and the 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 consumers in your community. This FCC Form 394 is being submitted pursuant to 47 C.F.R. §76.502. Further, FCC regulations also provide the standard of review upon which the franchising authority is to judge the request for assignment. In considering this application, it is important to understand that the standard of review for a franchise transfer is different from the standards used to renew a franchise. The substantive issues to be reviewed in the transfer process involve only whether or not the transferee possesses the legal, technical and financial qualifications to operate the franchise. Additionally, while the renewal process may take up to 36 months, the request for transfer is deemed granted if not acted upon within 120 days of its submission. Although the franchising authority may make request(s) for additional information, these requests would not toll the 120 day period. It is our desire to work closely with the City of South Miami to expedite the assignment and are available to discuss Charter's qualifications and the specifics of the transaction. We look forward to continuing to serve the cable needs of the City of South Miami and we believe that Cable Satellite of South Miami, Inc. and Charter Communications, LLC have provided you sufficient information to enable you to make a speedy determination on this application for assignment. We envision that the process can easily be completed within the allotted time frame. If you have any questions concerning the proposed transfer, please feel free to contact either the undersigned or M. Celeste Vossmeyer, Vice President - Government Relations at 314- 543 -2410. Very truly yours, CHARTEgfogMMUNICAT� ,LLC I By: Trudi McCollum Foushee TMF:smf Vice President and Senior Counsel Attachment cc: M. Celeste Vossmeyer 12444 Powerscourt Drive - Suite 100 - St. Louis, Missouri 63131 -3660 - (314) 965 -0555 - Fax (314) 965 -6640 - Internet �http //www.chartercom.com TABLE OF CONTENTS SECTION 1 - FCC FORM 394 APPLICATION INTRODUCTION ..................................................... ............................... A FCC Form 394 ...................... ......................... B .......... ............................... Statement Regarding Completeness ....................... ............................... C Statement Regarding Disclosure ............................. ............................... D Charter Communications Contact Persons ............................................ E Statement Regarding Limited Liability Corporation F CorporateTree ........................................................ ............................... G Form of Transfer Resolution .................................... ............................... H SECTION 2 - LEGAL QUALIFICATIONS Organizational Structure .......................................... ............................... I Charter Communications, LLC ................................ ............................... J SECTION 3 - FINANCIAL QUALIFICATION FCC Form 394 - Request for Confidential Treatment ............................. K * Financial Statement ................................................. ............................... L SECTION 4 - TECHNICAL QUALIFICATIONQ The Management Group ......................................... ............................... M Corporate Biographies ............................................. ............................... N Franchise Demographics Overview ......................... ............................... O Quality of Service Provided ..................................... ............................... P EEOPolicy .............................................................. ............................... Q CultureStatement ................................................... ............................... R SafetyPolicy ................................................ :.......................................... S SECTION 5 — PURCHASE AND SALE AGREEMENT *Confidential Document - Under Seal j:\ISMiami\394transfer\CONTENTS.doc SECTION 1 FCC FORM 394 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE Charter COMMUNICATIONS• A WIRED WORLD COMPANY INTRODUCTION Charter Communications, Inc. ( "Charter"), a Wired World Company, was founded in 1993 and has achieved customer growth that is twice the industry average. Headquartered in St. Louis, the company has ranked as the eighth fastest growing company in the country by Inc. Magazine for its 1998 Inc. 500 list. _ Charter was acquired by investor and Microsoft co- founder Paul G. Allen in late 1998 and has combined with Marcus Cable. Charter is the nation's seventh largest cable operator. Charter Communications, LLC ( "CC -LLC ") is an indirect, wholly -owned subsidiary of Charter. Charter acts as manager for CC -LLC. The Purchase and Sale Agreement attached hereto was executed by and between Cable Satellite of South Miami, Inc. ( "Cable Satellite ") and Vista Broadband Communications, LLC ( "Vista "). Subsequent to execution of the Purchase Agreement ( "Purchase Agreement "), Vista entered into an Assignment and Assumption Agreement with Charter whereby Charter would acquire the assets of Cable Satellite. All pertinent documentation is provided herewith. j: \S M iam i \394transfer \I NTRO D UCTI O N.doc Federal Communications Commission Washington, D.C. 20554 FCC 394 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE SECTION I. GENERAL INFORMATION DATE . 17, 1999 2. Application for: ❑ Assignment of Franchise Approved by OMB 3060 -0573 FOR FRANCHISE AUTHORITY USE ONLY Unit ❑ Transfer of Control FLO529 3. Franchising authority: City of South Miami 4. Identify community where the system /franchise that is the subject of the assignment or transfer of control is located: South Miami, FL 5. Date system was acquired or (for system's constructed by the transferor /assignor) the date on which City Miami service was provided to the first subscriber in the franchise area: 19$2 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the system to transferee /assignee: As Soon as practicable Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. PART I - TRANSFEROR/ASSIGNOR 1. Indicate the name, mailing address. and telenhnnP mimhrar of the L Exhibit No. See Tab C Legal name of Transferor /Assignor (if individual, list last name first) Cable Satellite of South Miami, Inc. Assumed name used for doing business (if any) Mailing street address or P.O. Box 10711 SW 216`h Street, Suite A -100 City Miami State ZIP Code Telephone No. (include area code) FL 33170 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business, pricing, or marketing information, or other information not otherwise publicly available, may be redacted.) (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor /assignor and transferee /assignee? If No, explain in an Exhibit. j:\ Intermedia \394transfer\394APP.doc Page 1 Exhibit No. See §5 ❑ Yes 9 No Exhibit No. —] See Tab D September 1996 PART II - TRANSFEREEIASSIGNEE ka) maicate the name, mainng aaaress, ano telepnone number of the transferee /assignee _egal name of Transferee /Assignee (if individual, list last name first) Charter Communications, LLC Assumed name used for doing business (if any) Charter Communications Mailing street address or P.O. Box 12444 Powerscourt Drive, Ste. 400 City State ZIP Code Telephone No. (include area code) St. Louis Missouri 63131 -3660 314- 965 -0555 (h) Indicate the names mnilinn address and tolonhnnw nnmher of fhc .. --+-n+--+ --- :---- Name of contact person (list last name first) See Tab E Firm or company name (if any) Mailing street address or P.O. Box City State ZIP Code Telephone No. (include area code) (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person who should be contacted, if any. (d) Indicate the address where the system's records will be maintained Street address 12444 Powerscourt Drive, Ste 100 City State ZIP Code St. Louis I MID 63131 2. Indicate on an attached Exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. j:\ Intermedia \394transfer \394APP.doc Page 2 Exhibit No. See Tab E Exhibit No. N/A SECTION II. TRANSFEREE'S /ASSIGNEE'S LEGAL QUALIFICATIONS 1'. Transferee /Assignee is: Corporation Limited Partnership a. Jurisdiction of incorporation: d. Name and address of registered agent in jurisdiction b. Date of incorporation: c. For profit or non - for - profit: a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b: Date of formation: ❑ General Partnership a ❑ Individual Other - Describe in an exhibit X whose laws govern formation: I b. Date of Exhibit No. See Tab F List the transferee /assignee, and, if the transferee /assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5 %. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully - the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers next, then directors and, thereafter, remaining stockholders and /or partners. (b) Citizenship. (c) Relationship to the transferee /assignee (e.g., officer, director, etc.) (d) Number of shares or nature of partnership interest. (e) Number of votes. (f) Percentage of votes. (a) See Tab IS (b) (c) (d) (e) j:\ Intermedia \394transfer \394APP.doc Page 3 wft �y� 3. If the applicant is a corporation or a limited partnership, is the transferee /assignee formed under the laws ❑ Yes 0 No of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? Exhibit No. SECTION III - TRANSFEREE'S /ASSIGNEE'S FINANCIAL QUALIFICATIONS 0 Yes ❑ No If the answer is No, explain in an Exhibit. committed resources to consummate the transaction and operate the facilities for three months. Exhibit No. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally See §2 4. Has the transferee /assignee had any interest in or in connection with an application which has been dismissed or denied by any franchise authority? any such financial statements are routinely prepared. Such statements, if not otherwise publicly 0 Yes 13 No If the answer is Yes, describe circumstances in an Exhibit. authority and its agents to the extent permissible under local law. Exhibit No. —] See Tab H 5. Has an adverse finding been made or an adverse final action been taken by any court or administrative See §3 body with respect to the transferee /assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authority (including cable franchises) to provide video programming services; mass media related antitrust or unfair competition; fraudulent statements to another governmental unit; or employment discrimination? ❑ Yes Q No If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, including an identification of any court or administrative body and any proceeding (by dates and file Exhibit No. numbers, if applicable), and the disposition of such proceeding. N/A 6. Are there any documents, instruments, contracts or understandings relating to ownership or future ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non - voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? ❑ Yes No � If Yes, provide particulars in an Exhibit. Exhibit No. N/A Do documents, instruments, agreements or understandings for the pledge of stock of the transferee /assignee, as security for loans or contractual performance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) In the event of default, there will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. ❑ Yes 0 No Exhibit No. SECTION III - TRANSFEREE'S /ASSIGNEE'S FINANCIAL QUALIFICATIONS See Tab I 1. The transferee /assignee certifies that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally 0 Yes ❑ No accepted accounting principles, including a balance sheet and income statement for at least one full year, for the transferee /assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. Exhibit No. See §3 j:\ Intermedia \394transfer\394APP.doc Page 4 SECTION 1V - TRANSFEREE'S /ASSIGNEE'S TECHNICAL QUALIFICATIONS 'Set forth in an Exhibit a narrative account of the transferee's /assignee's technical qualifications, experience and expertise ,agarding cable television systems, including, but not limited to, summary information about appropriate management arsonnel that will be involved in the system's management and operations. The transferee /assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. Exhibit No SECTION V - CERTIFICATIONS See §4 PART 1 - Transferor /Assignor All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. 1 CERTIFY that the statements in this application are true, complete Signature and correct to the best of my knowledge and belief and are made in good faith. lqr� PUNISHABLE BY FINE AND /OR IMPRISONMENT 18, SECTION 1001. THIS FORM ARE Date U.S. CODE, TITLE y 17, 1999 )priate classification: ❑ Individual ❑ General Partner PART II - Transferee /Assignee Print full name By: Rick Hensley Vice President Finance 19 Officer ❑ Other. Explain: (indicate Title) J the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee /assignee certified that he /she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation of the system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. I CERTIFY that the statements in this application are true, complete Signature and correct to the best of my knowledge and belief and are made in j good faith. (,L, WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE Date PUNISHABLE BY FINE AND /OR IMPRISONMENT. U.S. CODE, TITLE 4lay 17, 1 99 18, SECTION 1001. Print full name By: Trudi McCollum Foushee Vice President and Senior Counsel Check appropriate classification: ❑ Individual ❑ General Partner © Officer ❑ Other. Explain: (Indicate Title) j:\Intermedia\394transfer\394APP.doc Page 5 September 1996 C" W.- COMMUNICATIONS A WIRED WORLD COMPANY STATEMENT REGARDING COMPLETENESS All additional information of a material nature required to be filed with an application for franchise authority consent to assignment or transfer of control of the franchise, if any, is attached hereto and listed on the table of contents page. In all instances, the transferee will assume all current obligations of the existing franchise and continue to provide the level of service provided for therein. Further, neither the services currently provided nor the service area currently served by the franchisee will be changed or altered in any significant manner by this transaction. j: \SMiami \394transfer \completeness. doe OCHARTER A Wired World Company- STATEMENT REGARDING DISCLOSURES The Purchase and Sale Agreement submitted as Section 5 to this application has been redacted. Confidential trade, business, pricing and /or marketing information not generally available and not necessary in order to understand the terms of this transaction have, pursuant to FCC rules and regulations, been omitted. jASM iami\394tra nsfer\d isclosure. doc i4 P- 4cftam 4ar C O M M U N14-- A T I O N S• CONTACT PERSONS Eastern Division A WIREO WORLD COMPANY Melvin Bryant, Eastern Division - Vice President Operations William Barbour, Regional Operations Manager 883 N.E. Main Street Simpsonville, South Carolina 29681 864 - 967 -2730 Facsimile: 864 - 963 -2389 . j:\SMiamik394transferkContact.doc Ch�rt�r COMMUNICATIONS- A WIRED WORLD COMPANY STATEMENT REGARDING LIMITED LIABILITY COMPANY Charter Communications, LLC is organized as a limited liability company under the Delaware Limited Liability Company Act. A limited liability company is a distinct form of business entity formed under state law. It resembles a state -law - corporation in that the owners of the limited liability company are shielded from personal liability for the debts, liabilities and obligations of the company in excess of the owner's investment in the company. Under Internal Revenue Service regulations, a limited liability company may qualify for Federal tax treatment as a partnership. • Jurisdiction in which formed: Delaware • Date of formation: Formed November 22, 1993 as Charter Communications, L.P.; converted to limited liability company on December 21, 1998 • Registered agent: The Corporate Trust Company Corporate /Trust Center 209 Orange Street Wilmington j: \SMiami \394tra n sfer \LLCstatement. doc hi } Z a a f 0 U o 1 J 6Z 3 O o W Q3 �Z Q L F W W � o F- LU crn m F- E ch U- a. U U) c 0 M U V= t0 0 (U O a) J M (D C .N Q a) cn C L O _ L = L C O cp U a) (n N 0 U U ami t w N C T M _ 4) ad O E O O !: T U c 4- CD LO LO U s CD — O to LO U N CL (n L Lu O N M cn �c•M tip E �Zoo0�Z0o0 Oc�Y I 0 O = ° �. oM .� a� 0 cfl C 0 co 0 ° E � � U) � � Q > < LOLL 3�pp 3� U o c U E cQ� ycn�Y o N o y m 3 E v�',-_°nC�� 0 4 > E° �J yam' ° -�ia'° °, ° M C •> T T � g It J i" y Q L U IQ G A14O (D dCN��/�; /ty4�N�.6i m m' 0 O 0 Q Q Q .�... Yi T T T U) W T U) Q {� U z z T N cm ad o O ° U o 4-- to LO U o -� = LO �n ai 0 U) v -O O Q f`II O w L _T N Qr-- w cu C 0 a U CL U) E 0 L O 0 d T zao�zW L Bch M s0 E «S a) v a' a� o a N o E w e E .. m _(D Q O w Q c ` °-'ink > in� m 3� o o U uu) E o o 4) ° c c '° rn ° i ° E c S ° � v ° M 3 m o cu 4) _ � omo � o° p EsU o o 3 °U° c> °ZZ Q N *a O fl O T M U a? 0 LO LO O O � 'C > L V N _ t� N mac) EWO V' M J J ° Ea �Tp O OCOO ?� o f°-� 0 ° �,a� a; o c V E� E� c >,= _ a�0 °> �Q - 0 0 �. o U�EcYoo a) w L 3 M �av)� vet �o c•c' V J Lc o a)o CD +rd.(? C:> ° ° ET ° w.3c 3 co o J m a� aca c> Z` .� v° �a T -O `o o f E Z L UoM �� c`ICN , a� C', Mo oo° Q c,TUZZZ _ F.. N O E O O T L T LLI J U) Z ° Vm C d > N > «�+ >' 0 C (a y C,.� M t0 O c V E c oa v0 0 u°°,m ._. LU U Lo o2m 3t o �- cY o a �-� .N a .� f° »r a) a NJLv Z,V M2_ {N' cn Q V Q Z z z ca a U O a) 0 U U ami t w N C T M CONSENT AND APPROVAL OF LOCAL FRANCHISING AUTHORITY TO TRANSFER OF CONTROL OF CAN FRANCHISE WHEREAS THE [LOCAL FRANCHISE AUTHORITY] ( "GRANTOR ") granted to Cable Satellite of South Miami, Inc. ( "Grantee "), a franchise as set forth in Ordinance /Resolution No. , dated , 19_, to own and operated a cable television system in [LFA] the ( "Franchise "); WHEREAS, on April 22, 1999, Cable Satellite of South Miami, Inc. entered into a Purchase and Sale Agreement (the "Agreement ") with Vista Broadband Communications, LLC ( "Vista "); WHEREAS, the Agreement provides for the sale of the assets of Grantee which comprise this franchise; WHEREAS, Vista has assigned all right title and interest in the Agreement to Charter Communications, LLC ( "Transferee"); WHEREAS, Grantee filed an FCC Form 394 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise with Grantor on or about May 20, 1999; WHEREAS, Grantor has duly conducted a thorough review and investigation into the legal, technical and financial qualifications of Applicant and Transferee to own and operate the cable television system in light -of the above - referenced FCC Form 394; and WHEREAS, all written comments and staff reports have been received, and made a part of the record; and WHEREAS, following review and investigation, the Grantor has concluded that the Transferee has established that it meets the legal, technical and financial criteria to operate the cable television system and has satisfied all criteria set forth in and /or under all applicable local, state and federal laws, rules and regulations, including FCC Form 394. NOW, THEREFORE, BE ITS RESOLVED, that in consideration of the foregoing and the promises set forth herein, the Grantor consents to the transactions contemplated by the Agreement and further resolves as follows: jASMiamAResolution. doc Grantor consents to the transfer of control of the cable system serving Grantor effective upon the closing of the transactions contemplated by the Agreement; 2. Grantor confirms that (a) the Franchise is valid and outstanding and in full force and effect; (b) there have been no amendments or modifications to the Franchise, except as set forth herein; (c) Grantee is materially in compliance with the provisions of the Franchise; and (d) there are no defaults under the Franchise, or events which, with the giving of notice or passage of time or both; could constitute events of default thereunder. 3. Transferee may (a) assign or transfer its assets, including the Franchise provided however, that such assignment or transfer is to a parent or subsidiary of Transferee or another entity under direct or indirect control of Paul Allen; (b) restructure debt or change the ownership interests among existing equity participants in Transferee, and /or its affiliates; (c) pledge or grant a security interest to any lender(s) of Transferee's assets, including but not limited to the Franchise, or of interests in Transferee, for purposes of securing an indebtedness, without obtaining prior consent of Grantor; (d) sell capital stock of Transferee, or any of Transferee's affiliate companies, in a transaction commonly known as an "initial public offering" provided that: Transferee represents in writing to Grantor that such transaction will have no foreseeable effect on the agreement between Grantee and Transferee relating to the management and operation of the cable system in the franchise service area. 4. This Resolution shall take effect immediately. ADOPTED AND APPROVED THIS day of ,1999. CITY /COUNTY/TOWN of [NAME] By: Name: Title: ATTEST: City /County/Town Clerk jASMiamAResolution.doc r�, SECTION 2 LEGAL QUALIFICATIONS CHARTER COMMUNICATIONS PROFORMA Charter Communications, Inc. ( "Charter" or "CCI") 100% Manager Charter Communications Holdings, LLC ( "CharterComm Holdings ") Charter Communications Operating, LLC Charter Communications LLC ( "CC- LLC') Printed: 5113/99.11:33 AM j:1SM19ftk0r9Char1.XLS 5/13/99 State of Delaware Office of the Secretary of State PAGE 2 I, EDWARD J. FREEL, SECRETARY.OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY.-, THAT -THE-: ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "CHARTER COMMUNICATIONS," LLC" FILED,, IN -THTS OFF ICE :ON THE THE TWENTY —FIRST DAY::OF�-DECEMBER, A.D. 1998, AT 4:03 'O'CLOCK P.M. Y., je`�`o iT,o \F`� Edward j. Ereel, Secretary of State ............. AUTHENTICATION: 2360460 8100V 9478521 DATE: 981494113 12 -21 -98 a 1 STATE OF DELAWARE -SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 04:03'PM 1212111998 981494113 - 2360460 CERTIFICATE OF FORMATION of CHARTER COMMUNICATIONS, LLC The undersigned, as an authorized person, is duly executing and filing the following Certificate of Formation for the purpose of forming a limited liability company pursuant to the Delaware Limited Liability Company Act (6 Del.C. § 18- 101, et. Seq.) (the "Act's: ARTICLE I The name of the limited liability company is Charter Communications, LLC (the "Company ") ARTICLE H The address of the Company's registered office and the name and the address of its registered agent for service of process are as follows: CorpAmerica, Inc. 30 Old Rudnick Lane ' Dover, Delaware 19901 96081.01 03 IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as of December 21, 1998. 96084.01 03 Y By: CCP One, Inc. Its Authorized Person �y Name: CURTIS S. SHAW Title: SENIOR V.P. & SECRETARY -2- ...... .r+ .,:., �:....�r -`� � r.:.. Y.:;,J.. "7••'.. ... .... _.. �'rf..'r ,.n— isnmsrv"iC ti'cm- .,_rye... .,e. State of Delaware PAGE 1 Office of the Secretary of State I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF. DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIF.ICATROP CONVERSION OF A DELAWARE LIMITED PARTNERSHIP'TO A DELAWARE:.I,IMITEDPLIABILITY COMPANY OF "CHARTER COMMUNICATIONS; L F ";'CHANGING `ITS NAME` "FROM "CHARTER ;r COMMUNICATIONS, L. P. " TO "CHARTER COMMUNICATIONS, LLC" FILED IN THIS OFFICE ON THE TWENTY —FIRST DAY OF DECEMBER, A.D. 1998, AT 4:03 O'CLOCK F.M. Edward J. Freel, Secretary of State 2360460 8100V �Q�G`�a� 9478521 AUTHENTICATION: 981494113 12 -21 -98 DATE: STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 04:03 PM 12/21/1998 '194113 - 2360460 CERTIFICATE OF CONVERSION TO LIMITED LIABILITY COMPANY of CHARTER COMMUNICATIONS, L.P. The undersigned, as an authorized person, is duly executing and filing the following Certificate of Conversion to Limited Liability Company for the purpose of converting a limited partnership to a limited liability company (the "Conversion "), pursuant to Section 18 -214 of the Delaware Limited Liability Company Act (the "Act's: ARTICLE I The name of the limited partnership prior to the Conversion is Charter Communications, L.P., which was formed as a Delaware limited partnership on November 22, 1993. ARTI E 11 The name of the limited liability company as set forth in its Certificate of Formation is Charter Communications, LLC 96689.01 02 IN Wn-NESS WHEREOF, the undersigned has executed this Certificated Conversion as of December 21, 1998. By: CCP One, Inc. Its Authorizcd u By. Name: CURTIS S. SHAW Title: SENIOR V.P. & SECRETARY c I i MUM 02 —2- SECTION 3 FINANCIAL QUALIFICATIONS TO: FROM: DATE: SUBJECT: Ch rt r COMMUNICATIONS' A WIRED WORLD COMPANY Memorandum Franchise Authority Trudi McCollum Foushee, Vice President Charter Communications, LLC May 19, 1999 FCC Form 394 - Request for Confidential Treatment In an effort to make this application as complete as possible, we are including certain highly sensitive and confidential trade, business and financial data. We respectfully ask that you help maintain its confidentiality. Therefore, we are seeking the maximum possible protection for certain highly sensitive business trade and financial information being submitted under seal herewith. If, for any reason the form of the current request does not comport with your state or local standards or you are unable to accord these documents confidential treatment, we ask that you return the sealed documents. We will take your retention of these documents as your agreement to treat them as confidential Please note that we do not consent to disclosure of any information for which confidentiality is claimed to any person other than those public employees (including consultants and other agents) who have a specific need to review it in connection with the franchise transfer application. The information is submitted on the explicit understanding that we (1) do not relinquish its privacy interests and its proprietary interests in such material and (2) are relying on the franchising authority to protect the confidentiality of such information to the maximum extent possible under the law. We are also requesting that the franchising authority commit to protecting the confidentiality of the financial information in the following specific ways: • By committing to restrict dissemination of the information to those public employees who have a need to review it. • By committing to protect the information from public disclosure to the maximum extent possible under the law. • By committing to inform us immediately if a request for public disclosure is received, to allow us at least five business days to review the request and attempt to negotiate a mutually agreeable disclosure arrangement with the requester or to seek judicial review. • By supporting us in any legal action, Charter may take (a) to oppose an injunction requiring disclosure or (b) to seek an injunction forbidding disclosure of the information. REQUEST FOR CONFIDENTIAL TREATMENT DOCUMENT UNDER SEAL* * TAB -L Charter Communications Holdings, LLC Financial Statement *Confidential Document - Under Seal j:\ISMiami\394transfer\CONTENTS.doc SECTION 4 TECHNICAL QUALIFICATIONS COMMUN,CA'T�ONS�� A WIRED WORLD COMPANY CHARTER COMMUNICATIONS, INC. The management team of Charter communications, Inc. ( "Charter") has built Charter into one of the most highly respected Multiple Systems Operators ( "MSO's ") in the United States. The team's collective experience in the cable and telecommunications industry, their receptivity to new ideas, creative thinking and willingness to change, as well as their financial acumen, has proven a successful combination. Charter has recognized the importance of rebuilding and reinforcing infrastructure and invested heavily in strengthening its core business and upgrading plant in its service areas. New video services, new modems and high speed services are being introduced to consumers and schools. By operating with an intrepreneurial spirit, the management team at Charter set themselves apart with solid commitments not only to technology, but to serving our customers, investing in education and showing a strong interest in our communities. Charter's management team saw to it that millions of dollars were invested in construction of its cable plant fiber optics infrastructure. More than $200 million was spent in 1998. In 1997, Charter introduced Charter PipelineT'", high speed Internet service to customers in California. The company was the first MSO to commercially launch WorldGateTM universal Internet access and e-mail service over cable television in St. Louis, Missouri in the spring of 1998. The Management Group has developed a simple but effective management philosophy: to acquire and operate cable systems which it believes have a significant potential for growth. Growth is expressed in terms of subscribers, financial performance, improved customer service and technological sophistication. The Company's strategy is to target cable systems in close geographical proximity to maximize marketing and operational efficiency and minimize supervisory costs. This clustering structure also contributes to improved employee morale and greater responsiveness to the communities served by Charter's cable systems. Activities in these geographic clusters are overseen by a Senior Vice President to whom broad operational authority has been delegated. Senior Vice Presidents are in daily contact with system managers, and together these individuals have significant decision- making capability. The Company believes best results are achieved when operating decisions are made as close to the customer as possible. The cable systems are geographically clustered and are divided into five regions. The clustering contributes to operational and marketing efficiencies as well as improved employee morale and greater responsiveness to communities served by Charter. Overseeing the regions are senior vice presidents to whom broad operational authority is delegated. Senior vice presidents are in regular contact with system managers, and together, they have significant decision- making authority. Charter believes that the best results are achieved when operating decisions are made as close to the customer as possible. Charter ranks at the top of the cable industry in all key performance standards and has achieved customer growth that is twice the industry average. In five years, Charter acquired 22 cable systems and successfully assimilated employees into Charter's culture to provide service that exceeds the customers' expectations. Charter has been honored many times for its fast growth and management received the 1997 Ernst & Young Entrepreneur of the Year award in the category of Communications /Entertainment. Charter provides more than 2,800 public and private schools in the communities we serve with fee monthly service as part of the Cable in the Classroom program. Charter committed to equip one site in every consenting elementary and secondary school passed in its service area with Charter PipelineTm and WorldGateT"' service. Charter's commitment to its communities means hundreds of thousands of dollars in support each year for national charities and local civic and charitable organizations. Charter maintains a. special focus on our communities' future leaders -- the children — recognizing that television plays an enormous role in influencing the lives and dreams of young people. jASMiami\management.doc i45W C �h as C O M M U N I C AT I O N Sl A WIRED WORLD COMPANY Jerald L. Kent President & Chief Executive Officer Charter Communications, Inc. Jerald L. Kent is a co- founder, President and Chief Executive Officer of Charter Communications, Inc. and a Managing Partner of Charter Communications Group. Prior to founding Charter, Mr. Kent was an executive officer of Cencom Cable Associates, Inc. He is charged with running the day -to -day activities of the company by directing the _ operations, MIS, accounting, acquisition and finance activities of Charter. His accomplishments include the engineering of nearly $3 billion of acquisitions during Charter's five year history. Currently Charter serves more than 1.2 million customers. Mr. Kent served as Executive Vice President and Chief Financial Officer of Cencom Cable Associates, Inc., and was responsible for locating, acquiring and financing cable television properties, in addition to overseeing the accounting, finance, management information systems and investor relations departments of the company. Mr. Kent was also responsible for Cencom's California operations. He served Cencom Cable Associates, Inc. as Senior Vice President of Finance from May 1987, Senior Vice President of Acquisitions arid Finance from July 1988, and Senior Vice President and Chief Financial Officer from January 1989, and Executive Vice President and Chief Financial Officer in March 1990. He joined Cencom Cable Associates, Inc. in 1983 as Senior Vice President of Corporate Development, to lead the company's acquisition program. During his tenure, Cencom Cable Associates, Inc. grew to a company providing service to over 550,000 subscribers. In connection therewith, he directed acquisitions and related'financings totaling over $1 billion. During this time, Cencom was included among Inc. Magazine's list of 500 fastest growing private companies in the United States. From 1979 to 1983, Mr. Kent served with Arthur Andersen & Co., certified public accountants, where he attained the position of tax manager. His duties included consulting on the analysis and structuring of limited partnerships with a major emphasis in serving the media industry. In particular, Mr. Kent developed an expertise in structuring partnership and joint venture agreements. His clients included Telcom Engineering, Inc., T.C. Industries, Inc. and Cencom Cable Associates, Inc. Mr. Kent, a certified public accountant, received his undergraduate and MBA degrees with honors from Washington University, St. Louis, MO. He serves on the jASMiaMABios.doc C�r�er COM Pin UNICATIONS• A WIRED WORLD COMPANY Board of Directors of Charter Communications. Inc., CCA Acquisition Corp., CCT Holdings Corp. and CCA Holdings Corp. He served on the board of CableMaxx, Inc. Mr. Kent was honored in the St. Louis Business Journal's 40 Under 40 edition as one of the St. Louis area's outstanding business leaders under the age of 40. He and Charter co- founders Barry Babcock and Howard Wood were honored as 1997 Regional Entrepreneurs of the Year in Telecommunications and Entertainment. Mr. Kent is a member of the Young Presidents Organizations. He serves on the board of directors of The Magic House, and is chairman of the finance committee of Incarnate Word Church. He serves on the Alumni Association Executive Committee at Washington University. j:1SMiamABios.doc io V Cft.-a _ er COMMUNICATIONS A WIRED WORLD COMPANY Barry L. Babcock Chairman of the Board Charter Communications Barry Babcock began his career in the cable industry more than twenty years ago. He is a co- founder and Chairman of the Board Charter Communications, Inc., headquartered in St. Louis, Missouri. Prior to founding Charter, Mr. Babcock was associated with Cencom Cable Associates, Inc. Mr. Babcock was among the founders of Cencom Cable Associates in 1982, serving as Executive Vice President and Chief Operating Officer. He managed the company's in -house legal work, contracts, governmental relations and business matters in the decade from its inception to its sale to Crown Media in 1992. Mr. Babcock joined the cable industry in 1979 when he became Vice President of Telcom Engineering, Inc. of St. Louis, directing Telcom's cable television governmental consulting activities and preparing franchise agreements for numerous municipalities. Prior to that, Mr. Babcock served as Assistant Municipal Counselor in Oklahoma City, Oklahoma. Throughout his career in the cable television industry, Mr. Babcock has been involved in leadership roles with national telecommunications organizations. He is currently Chairman of the Board of Directors of the Cable Telecommunications Association (CATA). He serves on the board of directors of the National Cable Television Association (NCTA), C -SPAN and is a member of the board of directors of the Cable Advertising Bureau (CAB) and Cable in the Classroom. Mr. Babcock and Charter co- founders Jerald Kent and Howard Wood were honored as 1997 Regional Entrepreneurs of the Year in Telecommunications and Entertainment. He is active in many civic endeavors in the St. Louis metropolitan area as a member of the Board of Directors of the Missouri Historical Society and the St. Louis Civic Entrepreneurs Organization. He also serves on the boards of directors of Mercantile Bank -St. Louis and Charter Communications, Inc and various affiliates. He is a frequent speaker on topics related to the cable industry. Mr. Babcock, an attorney, received his undergraduate and Juris Doctorate degrees from the University of Oklahoma. He served four years as a line officer in the United States Navy. jASMiami0os.doc . iijj5w COMM U N 1CATIONS' A WIRED WORLD COMPANY Kent D. Kalkwarf Senior Vice President & Chief Financial Officer Charter Communications Mr. Kalkwarf joined Charter Communications, Inc. in July 1995 as Vice President, Finance & Acquisitions and was promoted to Senior Vice President of Mergers & Acquisitions in 1996. He was named Senior Vice President & Chief Financial Officer in 1997. He has been instrumental in Charter's acquisition of more than 1.2 million customers. Prior to joining Charter, Mr. Kalkwarf was a senior tax manager for Arthur Andersen, certified public accountants. With Arthur Andersen, Mr. Kalkwarf was primarily involved in the consumer products and telecommunications service lines. Throughout his career, his duties included extensive experience in the mergers and acquisitions area. Mr. Kalkwarf has experience in the formation of partnerships, both in the cable and real estate industries. Mr. Kalkwarf also headed the international tax practice for Arthur Andersen in St. Louis, Missouri where he was involved with international acquisitions and divestitures, along with significant foreign tax credit planning. Mr. Kalkwarf, a certified public accountant, received his undergraduate degree, with honors, from Illinois Wesleyan University. jASMiami\Bios.doc C O M M U N I C AT I O N S• A WIRED WORLD COMPANY Curtis S. Shaw Senior Vice President, General Counsel & Secretary Charter Communications Curtis S. Shaw joined the Company in February 1997 as Senior Vice President, General Counsel and Secretary, and is responsible for all legal aspects of Charter's business, including major transactions and the duties of the corporate secretary. Prior to joining Charter, Mr. Shaw served as corporate Counsel to NYNEX since 1988. From 1983 until 1988 Mr. Shaw served as Associate General Counsel for Occidental Chemical Corporation, and, from 1986 until 1988, also as Vice President and General Counsel of its largest operating division. Mr. Shaw has 24 years of experience as a corporate lawyer, specializing in mergers and acquisitions, joint ventures, public offerings, financings, and federal securities and antitrust law. Mr. Shaw received a BA with honors from Trinity College and a JD from Columbia University School of Law. j: \SMiamABios.doc Cf--Mr#er COMM U N ICATIONS- A WIRED WORLD COMPANY David G. Barford Senior Vice President, Operations Urban Regions Charter Communications David Barford is Senior Vice President- Operations, Urban Regions for Charter Communications. Mr. Barford is the senior operating officer for Charter's systems in California and St. Louis overseeing all facets of operations in those cities. He has been with the company since July 1995. Prior to joining Charter, Mr. Barford served in several senior marketing and operation roles at Comcast Cablevision for eight years. His last position at Comcast was Vice President of Operations in the International Division in Mexico, South America, and new Business Development in Europe. During his eighteen year career in the cable industry, Mr. Barford has been involved in leadership roles with various telecommunications organizations. He has served as board member and president of the Southern California Cable & Telecommunications Association and board member of the Southern California Cable Television Marketing Council. Mr. Barford is a graduate of California State University, Fullerton, where he earned his B.A. in Communications. He also holds an MBA from National University. j:1SMiami0ios.doc C�ar-�esr C O M M U N 1 C AT I O N S— A WIRED WORLD COMPANY Mary Pat Blake Senior Vice President Marketing Charter Communications Mary Pat Blake joined Charter Communications as Senior Vice President of Marketing in August 1995. Prior to joining Charter, Ms. Blake created and operated, then sold Dakota Coffee & Bakery Company. She was president of Blake & Associates, a marketing consulting firm. Her 20 years' experience includes senior management positions in marketing, sales, finance, systems and general management with companies such as General Mills, Pepsico (Taco Bell), Brown Group, and the West Coast Group, strategic marketing consultants. Ms. Blake earned a B.S. degree in Business Administration from the University of Minnesota, an M.B.A. from Harvard Business School and earned election to Phi Beta Kappa. j: \SMiami\Bios.doc Cfarier COMMUNICATIONS• A WIRED WORLD COMPANY Ralph G. Kelly Senior Vice President, Treasurer Charter Communications Ralph Kelly joined Charter Communications, Inc. in March 1993 as Vice President, Finance, a position he held until April 1994 when he became Chief Financial Officer of CableMaxx, Inc., a wireless cable television operator. Mr. Kelly returned to Charter as Senior Vice President, Treasurer. His present responsibilities include cash management financial reporting. He also assists with Charter's finance and acquisition efforts. Ralph Kelly has worked in the cable industry since 1984 when he joined Cencom Cable Associates, Inc., as Controller. As Controller, Mr. Kelly was responsible for all aspects of accounting and financial reporting for the cable company. Later he served Cencom as Treasurer and was responsible for cash management, loan compliance, budget administration, supervision of internal audit and filing SEC reports. Mr. Kelly also assisted with projects relating to government relations, franchise renewals, acquisitions and equity repurchases. He has served on the accounting Committee of the Board of Directors for National Cable Television Association. He is a certified public accountant. Mr. Kelly was in the audit division of Arthur Andersen & Co. from 1979 until 1984. His clients included privately held businesses, telephone clients and extractive industries. Mr. Kelly received his undergraduate degree in accounting from the University of Missouri- Columbia and his MBA degree from Saint Louis University. j: \SMiamABios.doc COM M U N ICATIONS� A WIRED WORLD COMPANY David L. McCall Senior Vice President Operations Eastern Division David L. McCall joined Charter in January 1994 as Southeastern Regional Operations Manager. He has primary responsibility for all of Charter's cable ` systems operations in that portion of the United States. Prior to joining Charter, Mr. McCall was employed by Crown Cable and its predecessor, Cencom Cable Associates, Inc. from 1983 to 1993. As Regional _ Manager, his responsibilities included supervising all aspects of operations for systems located in North Carolina, South Carolina and Georgia, consisting of more than 142,000 subscribers. From 1977 to 1982, Mr. McCall was System Manager of Coaxial Cable Developers (DBA Teleview Cablevision) in Simpsonville, SC and prior to that he was Line Foreman with Burnup and Sims, Inc. from 1974 to 1977. Mr. McCall has served on the Board of Directors for the South Carolina Cable Television Association for the past 10 years. jASMiamABios.doc COV- 4Cft;MW1t4MW A WIRED WORLD COMPANY John C. Pietri Senior Vice President, Engineering Charter Communications John C. Pietri joined Charter Communications in November 1998 as Senior Vice President, Engineering. Mr. Pietri has more than 22 years' experience in the cable industry. Throughout his career he has held a variety of technical management positions. Prior to joining Charter, Mr. Pietri was with Marcus Cable in Dallas, TX for eight years, most recently as Senior Vice President and Chief Technical Officer. He was responsible for the technical operations and standards for all of the company's cable systems including; new construction and rebuild /upgrade projects; routine maintenance and installation practices; capital control, purchasing; and regulatory compliance and reporting. Prior to Marcus, he served as Regional Technical Operations Manager for WestMarc Communications headquartered in Denver, CO. He was responsible for managing technical operations, budgeting and purchasing for the company's cable systems in Minnesota, Iowa, North Dakota, and South Dakota. WestMarc served 550,000 customers. Before that, Mr. Pietri served as Operations Manager with Minnesota Utility Contracting. Mr. Pietri is a member of Society of Cable Television Engineers (SCTE) and Cable Television Association for Marketers (CTAM). He has served on the National Cable and Telecommunicantions Association committee for the past two years. Mr. Pietri received his Bachelor of Arts degree in philosophy and mathematics from the University of Wisconsin Oshkosh. j: \SMiami\Bios.doc i4 V_ cf.4-Mr-t4M r C O M M U N 1 C AT I O N S- A WIRED WORLD COMPANY Trudi McCollum Foushee Vice President and Senior Counsel Charter Communications Trudi M. Foushee has been practicing law in the telecommunications industry for the past ten years. As a partner with Green and Foushee of St. Louis and Washington, D.C., Ms. Foushee served as consultant and regulatory legal advisor to Charter Communications before joining the company in 1996. From 1993 to 1995, Ms. Foushee served as Vice President.- Law and Regulatory Affairs for Crown Media, Inc., Dallas, Texas, a division of Hallmark Cards, Inc. Ms. Foushee was responsible for company compliance with the Consumer Protection & Competition Act of 1992 which entailed a massive overhaul of all aspects of the cable business. Ms. Foushee served as lead in -house counsel for Crown Media following the acquisition and consolidation of Crown Media and Cencom Cable Associates corporate headquarters in St. Louis, MO to Crown's headquarters in Dallas, Texas from October 1992 to May 1993. She served as Counsel and Assistant Secretary to Cencom Cable Associates, Inc. of St. Louis, Missouri from May 1990 to September 1992 providing legal support for human resources, operations, government relations, accounting, customer service and engineering for the INC 500 company. Ms. Foushee was an attorney with Union Electric Company of St. Louis, Missouri from ' 1987 until 1990. She was a Litigation Associate with Danna, Soraghan, Stockenberg & Shaw of St. Louis from 1986 to 1987 and an Associate with Miller, Loewinger & Associates Chartered of Washington, D.C. from 1982 until 1985. Ms. Foushee is a graduate of Georgetown University Law Center. She received her B.S. in Political Science cum laude from North Carolina Central University. She is admitted to practice in the District of Columbia, the State of Missouri, U.S. Supreme Court and the U.S. District Court, 8t" Circuit. j: \Wami\Bios.doc L" cftAT�rter COMMUNICIONS' A WIRED WORLD COMPANY M. Celeste Vossmeyer Vice President, Government Relations Charter Communications M. Celeste Vossmeyer joined Charter Communications in 1995 as Legal Counsel. She was promoted to Vice President and Senior Counsel in January 1997 and to Vice President - Government Relations in October 1998. As Vice President- Government Relations, Ms. Vossmeyer is responsible for local, state and federal issues affecting operations and the cable industry generally. Prior to joining Charter, Ms. Vossmeyer practiced law with Peper, Martin, Jensen, Maichel and Hetlege for six years. She specialized in corporate and municipal law. From 1986 to 1989 she worked as a political consultant specializing in issues related to municipal and state government regulation. Her clients included developers, small business owners, and the St. Louis Homebuilders Association. From 1983 to 1986 she worked as a legislative representative for the St. Louis Homebuilders Association. Ms. Vossmeyer takes an active role in the community and is a member of the St. Louis University Law School Dean's Advisory Committee, a precinct captain for the 28th Ward of the City of St. Louis, and serves on a number of nonprofit boards, including as legal counsel for the St. Louis Art Museum. Ms. Vossmeyer earned her A.B. (with honors) in political science from Washington University and JD from Saint Louis University. j:1SMiamABios.doc Ifto C�:�rter COMMUNICATIONS A WIRED WORLD COMPANY FRANCHISE DEMOGRAPHICS OVERVIEW CHARTER COMMUNICATIONS, INC. Charter Communications, Inc. owns, operates and /or manages cable systems in 18 states with a total of over 1600 franchise agreements. These franchise areas represent diverse demographics. However, the bulk of our franchises group _ together to form 13 key clusters. St. Louis County, Missouri /Illinois Los Angeles /Long Beach, California Ft. Worth, Texas Metroplex Wisconsin • Greenville - Spartanburg, South Carolina Buncombe County, North Carolina Con necticut/Massach u setts Atlanta, Georgia suburban area Northern North Carolina Huntsville, Alabama New Orleans, Louisiana suburban area Making up these clusters are several different franchise areas that range from small towns and villages with just a few hundred customers, large bedroom communities such as Clarksville, Tennessee and Coweta County, Georgia with between 10,000- 25,000 customers to large urban areas such as Long Beach, California with over 65,000 customers. Outside of the clusters, Charter has franchise agreements that serve three military bases, Fort Gordon, Ft. Riley and Ft. Carson and that serve rural areas in parts of the country such as northern Missouri and southern Tennessee. j:\SMiami\394transfer\Overview.doc _,r wwwwKw, M .. ,rw- c " :- r�.Mr COMMU N ICATIONS- A WIRED WORLD COMPANY QUALITY OF SERVICE PROVIDED Charter Communications, Inc. ( "Charter") and its affiliated entities continually seeks to improve their understanding of, and relationship with, their customers. Management believes this focus will, over time, increase both subscriber penetration and per subscriber revenue. The emphasis on customer satisfaction is evident in Charter's customer service pollicies, marketing and programming and technological plans. Charter, seeks to provide a high level of customer service by employing a well- trained staff of customer service representatives and experienced field technicians. Management believes that the level of customer service provided by Charter to subscribers gained through acquisitions is generally better than that provided by previous owners. Charter's programming packages offer different pricing options, including special value packages and add -on services. From a technological standpoint, Charter focuses on its customers through its emphasis on service reliability, improved picture quality and expanded channel capacity. Charter is also working to develop a database that will assist management with its evaluation of the potential demand by existing and prospective customers for home entertainment, educational services and data transmission. Charter is dedicated to providing superior customer service to customers. As part of this effort,' Charter emphasizes improving system reliability, which includes enhancing technology of the systems, increasing the level of engineering resources and providing the highest level of customer service. j:\SMiami\394transfer\Quality.doc C��rter C O M M U N I C AT I O N S� A WIRED WORLD COMPANY EQUAL EMPLOYMENT OPPORTUNITY PROGRAM It is the Company's policy that equal opportunity in employment shall be afforded to all qualified persons and that there shall be no discrimination against any person in any aspect of employment because of sex, race, color, religion, national origin or age. To this end, the Company has established and will maintain and carry out a positive continuing aspect of cable system employment policy and practice. Administration of the Program The General Manager of the system has responsibility for administration of the Company's Program, including hiring, training and promotion activities. His actions are subject to continuing review and supervision by the Vice President of Human Resources. Recruiting Prominently posted at our business office is a notice informing employees and applicants for employment of their equal employment opportunity rights and their right to notify the Federal Communications Commission, the Equal Employment Opportunity Commission or other appropriate agency if they believe they have been the victims of discrimination. Where appropriate, this notice is also posted at other work locations and in other appropriate languages. All employment application forms utilized by the Company contain a notice, in bold type, informing prospective employees that discrimination because of sex, race, color, religion, national origin or age is prohibited and 'that they may notify the Federal Communications Commission, the Equal Employment Opportunity Commission or other appropriate agencies if they believe they have been the victims of discrimination. All advertisements for employees state that the Company is an equal opportunity employer. Where available, advertisements are placed in media having significant circulation among minority -group people in the area. When employment referral agencies and other recruitment sources are utilized to fill job openings, they are advised that the Company is an equal opportunity employer and that qualified minority and female applicants will be actively considered for employment. Efforts are made by the company to recruit at schools and colleges with significant minority -group enrollments and to contact minority and human relations organizations, leaders and spokespersons for referral of qualified minority or female applicants. Selection and Hiring Minority and women applicants for jobs are to be given equal consideration and there is to be no discrimination in hiring on the basis of sex, race, color, religion, national origin or age.. Efforts are made to identify lower paid employees with interest and potential for higher paid positions and to assist them to qualify for such positions. Placement. Promotion and Other Conditions of Employment All employees are treated without discrimination with respect to all terms, conditions and privileges of employment. As part of our equal employment opportunities program, all employees are afforded: (a) equal consideration for promotion to higher positions for which they are - qualified; (b) equal opportunity for counseling and on- the -job training leading to higher positions; (c) equal pay and benefits to that received by other employees with equivalent qualification and experience who perform equal work at the cable system; (d) equal opportunity for all qualified employees to participate in overtime work; and (e) equal access to all company facilities and benefits. No demotions, layoffs or terminations are based on an employee's sex, race, color, religion, national origin or age. Opportunity for overtime work is offered on a nondiscriminatory basis. Rates of pay and fringe benefits are periodically reviewed for inequities. Use of Minority and Female -Owned Businesses It is the Company's policy to encourage minority and female entrepreneurs to conduct business with all parts of its operation. For this purpose, the Company maintains community contacts and encourages present employees to refer minority and female - owned businesses that wish to do business with the system. -2- j ASM1amA394transfer\EE0P. d oc COMCN- 4-- AM ONM_ A WIREo WORLD COMPANY Integrity Integrity is our guiding principle. We stand behind what we say we will do for our customers, our investors and our people. We meet the world head -on as upright and sincere business people. Creativity Creativity and independent thinking are the entrepreneurial way. Embracing change and opportunity is what brought Charter to this point. Take personal responsibility for searching out a better way, for achieving higher quality. Let solutions start with you. Keep reaching, stretching to outdo yesterday. Receptivity to new ideas means totally eradicating philosophies such as: "That's not the way we do it around here." And "That's the way we've always done it." Work Hard, Play Hard The men and women of Charter are by nature competitive, hard- working people. We set high standards for ourselves, and our work. Set the same high standards for the time spent with family. Families come first. Keep quality time with family a priority. Customer Service Continually ask our customers what they want and how we are doing. We must know our customers intimately; so well that we can anticipate their needs, their likes and dislikes. A strong relationship with our customers guarantees their satisfaction and keeps our company profitable. Search out ways to exceed our customers' expectations. If we don't meet their needs, someone else will. . Positive Attitude Charter is a place for "Can-Do" men and women. A positive attitude empowers us. A negative attitude drains precious energy and destroys self - confidence. There is no room for negativism at Charter. Adopt a positive attitude as a lifestyle. Take Pride What we do affects who we are. Each of us Charter. Charter's values grow out of each merely the accumulation of our singular results about what you do. j:\SMiami\Cu1ture.doc brings special talents and areas of expertise to individual's values. The company's results are . You make a difference. Take time to feel good r»-,11191,1W� C��rter C O M M U N 1 CAT I O N S- A WIRED WORLD COMPANY Knowledge and Skills It doesn't take long for skills and knowledge to become outdated in a fast - changing world. We must constantly retool ourselves, become perpetual students. Delve deeper. Keep learning. Share your knowledge.; Charter believes training our people is the key to successful careers. Corporate Citizenship Get involved. Being a good corporate citizen means we don't just stand on the sidelines and observe. Being a valued member of a community means giving something back to it. No matter how big Charter becomes, we must always be a "hometown" company, helping our neighbors. Care About Others Strong teams are built on personal relationships and genuine caring for each other. Ask co- workers how they are doing and listen to what they say. Clear communication and a sense of teamwork is critical in a competitive environment. Our commitment to our culture is our charter for success. j:\SMiamACu1ture.doc Illetaw 6*� M 3ho ii 4-- o M nt ir A WIRED WQRIO COMPANY SAFETY POLICY It is the policy of Charter Communications to provide safe working conditions for all its employees and to provide protection for the general public. The company recognizes that the safety of all company employees, subscribers and the public is definitely the responsibility of the company, its management, supervisors and employees. Regardless of the degree of responsibility charged to management and supervisors for safety, every employee must recognize that the safety program must have the united and unqualified support and effort of every individual to insure that safe practices are not only established, but maintained and followed at all times. The basis of the safety policy of Charter Communications is to take the permanent and continuing position that no job being performed is so important and no service too urgent that time cannot be taken by all concerned to perform the job in the right way, the efficient way — the safe way. Charter Communication's safety manual elaborates on this policy and gives specific safety rules, practices and procedures to be followed, as well as record keeping requirement. One manual is to be kept in each system's office and each outside employee is to keep a manual in their vehicle. j: 1SM1amA394transfertSafety. doc SECTION 5 PURCHASE AND SALE AGREEMENT Execution Cony PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT is made this 22nd day of April, 1999 by and between Cable Satellite of South Miami, Inc., a Florida corporation ( "Seller" and Vista Broadband Communications, LLC, a Delaware limited liability company ('Buyer "). WITNESSETH: WHEREAS, Seller is the owner of franchises and licenses (the "Franchises ") to operate the cable television system or systems serving The City of South Miami, the Village of Pinecrest and portions of Miami -Dade County, Florida (the "System "); WHEREAS, Seller wishes to sell, and Buyer wishes to buy, substantially all of the property, business and assets of Seller used in connection with the System on the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: Article 1. Purchase and Sale of Assets. Subject to the terms and conditions of this Agreement, Seller shall sell, convey, transfer, assign and deliver to Buyer at the Closing (as hereinafter defined) and Buyer will purchase from Seller free and clear of all liens, claims, mortgages, security interests, charges and encumbrances the following assets of Seller (collectively, the "Purchased Assets "): All of the properties used or held for use by Seller in connection with the ownership or operation of the System of every kind, nature or description whether personal, real or mixed, tangible or intangible and wherever located; provided, however, that the Purchased Assets shall not include cash, cash equivalents and bank deposits; programming agreements; insurance policies and rights and claims thereunder, all bonds (including, without limitation, construction and performance bonds), letters of credit or surety instruments and other similar items and any cash surrender value in regard thereto, stocks, bonds, certificates of deposits and similar investments; any claims, rights and interest in and to any refunds of federal, state, or local franchise, income or other taxes or fees (including, without limitation, copyright fees) for periods prior to the Closing Date; all trademarks, trade names, service names, copyrights, service marks, logos and similar proprietary rights used in the System; any assets or properties owned by Seller that are not used in or held for use in connection with the System; the account books of original entry, general ledgers and financial records used in connection with the System; Seller's corporate assets and books and records and other agreements and documents which do not relate to the operation of the System but only to matters among Seller's shareholders and/or their affiliates, provided, however, that Seller shall permit Buyer to have access thereto to the extent necessary and in the Vists • CSSM Ptvchm Agreement 11464057.5 manner contemplated by this Agreement; or the corporate minutes, records and tax returns previously paid by Seller and any other assets listed on Schedule 1.01(a) hereto (collectively, the "Excluded Assets "), which shall remain the property of Seller. Without limiting the generality of the foregoing, the Purchased Assets shall include all of the headend and master antenna facilities, real estate, distribution plant and equipment, operating facilities, pole attachment agreements, easements, rights -of -way, permits, licenses and real and personal property leases, presently existing inventory of spare and replacement parts utilized for the day -to -day maintenance and repair of the System, signal decoders, converters, subscriber lists, subscriber accounts receivable, prepaid income items and refundable deposits from subscribers relating to Seller's operation of the System, including without limitation all items listed and described on Schedule 1.01(b) hereof. Article 2. Purchase Price and Pavment. Section 2.01. Purchase Price. - (a) Amount. The purchase price for the Purchased Assets (the "Base Purchase Price ") shall be $16,900,000 payable as set forth in Section 2.02. Such amount shall be adjusted, if necessary, as provided in Subsections 2.01(b), (c) and (d). The Base Purchase Price as adjusted is referred to herein as the "Purchase Price ". (b) Adjustment to Purchase Price for Receivables, etc. As of the Closing Date, Seller and Buyer shall agree on the value of accounts receivable, deposits, prepaid taxes and other prepaid expenses of Seller purchased by Buyer (the "Adjustment Assets ") and the amount of current liabilities and prepaid income of Seller, subscriber deposits held by Seller and other accrued liabilities of Seller assumed by Buyer (the "Adjustment Liabilities "). At a minimum, Buyer will purchase all of the accounts receivable from Seller at the following prices, expressed as a percentage of the face value of such receivables: (i) 100% for accounts receivable aged less than 31 days as of the Closing Date; (ii) 90% for accounts receivable aged less than 61 days but more than 30 days as of the Closing Date; and (iii) 0% for accounts receivable aged more than 61 days as of the Closing Date. If the amount of Adjustment Assets exceeds the amount of Adjustment Liabilities, the Base Purchase Price shall be increased by the difference. If the amount of Adjustment Liabilities exceeds the amount of Adjustment Assets, the Base Purchase Price shall be reduced by the difference. (c) Adiustment to Purchase Price Regarding Number of Subscribers. (i) At the Closing, the number of Basic Subscribers of the System as of the Closing shall be determined and certified to Buyer by Seller. As of the Closing, if the number of Basic Subscribers is less than Nine Thousand One Hundred Fifty (9,150), the Purchase Price shall be reduced by an amount equal to $1,858 for each such Basic Subscriber less than Nine Thousand One Hundred Fifty (9,150). No additional consideration shall be paid by Buyer in the event the actual number of Basic Subscribers exceeds Nine Thousand One Hundred Fifty (9,150). vLu - cssM Pumhan ngrxm=t 2 1\4W57.5 (ii) For the purposes of this Agreement, the number of "Basic Subscribers" means the sum of (A) the number of si--igie household or commercial current, first outlet subscribers to basic service of the Systems who: (1) are paying no less than the standard rate per month as set forth in Schedule 4.23(a) for such service (subject to adjustments for senior citizens as set forth in Schedule 4.23(a)); (2) are not more than sixty (60) days past due, calculated from the first applicable billing date (which Seller represents and warrants to be the first day of each month); (3) are not entitled to any discount, rebate or other form of price concession or reduction (other than discounts to senior citizens as set forth in Schedule 4.23( al) with respect to cable services; (4) have made payment to Seller for Seller's full cable television installation fee, if applicable, if they became subscribers after the date of this Agreement; (5) have paid Seller in response to a statement received by mail at least one (1) full monthly payment for basic cable television services in accordance with Seller's regular monthly billing cycle at or above Seller's standard basic rate (subject to adjustments for senior citizens as set forth in Schedule 4.23(a)), (B) the quotient obtained by dividing: the aggregate of the gross monthly billings for basic service for the subject month (excluding income from installation, connection, relocation and disconnection fees) of the System to bulk accounts by the full monthly rate for basic subscriber service to the System, and (C) the quotient obtained by dividing: the sum of revenue from all single household or commercial current, first outlet subscribers to basic service of the Systems who are paying less than the standard rate per month for such service by the full monthly rate for basic subscriber service to the System. (iii) For purposes hereof with respect to all accounts receivable and the computation of the number of Basic Subscribers, (A) Seller and Buyer shall credit only actual customer payments received from customers in good faith and shall treat all payments received, unless otherwise specifically contested, as applicable to the earliest period for which any account is due and payable from the party making the payment, (B) any Basic Subscriber added after the date of this Agreement must pay installation fees, if applicable, but present Basic Subscribers need not have paid such fees, and may have paid for only television services. (d) Adjustments to Purchase Price for MDU Agreements. Adjustments to the Base Purchase Price with respect to the MDU Agreements (as defined-below in Section 6.07) will be calculated as follows: W The Base Purchase Price shall be decreased dollar for dollar by the amount that the Future MDU Payments (as defined in Section 6.07) exceeds $250,000, as adjusted pursuant to Subsection (iii) below (as adjusted, the "Advance Threshold "); (ii) The Base Purchase Price will be increased dollar for dollar by the amount of the Advance MDU Payments (as defined in Section 6.07) up to a maximum upward adjustment of $250,000; (iii) The Advance Threshold will decrease dollar for dollar with each increase to the Base Purchase Price pursuant to Subsection (ii) above; vL�r. -cssM P=nan agr«m,t 3 1\4WS7.s (iv) Notwithstanding the foregoing, in no event shall Buyer be responsible under this Section 2.01(d) for adjustments to the Base Purchase Price or payments to Seller or any third party which exceed $250,000. (e) Preparation of Pre- Closing Estimated Purchase Price Certificate. At least four (4) days before the Closing Date, Seller will furnish to Buyer a certificate (the "Estimated Purchase Price Certificate ") in the form of Exhibit 1.05 hereto, setting forth (i) estimated adjustments to the Base Purchase Price as contemplated by Sections 2.01(b), (c) and (d), and (ii) the estimated resulting Purchase Price. (f) Post - Closing Adiustments. If some or all of the adjustments to the Base Purchase Price cannot reasonably be determined on the Closing Date, such adjustments will be made within 120 days thereafter and, if agreement cannot be reached as to such adjustment within the 120 day period, at the request of either party the matter will be submitted to two accountants, one selected by the Buyer and one selected by the Seller, for resolution in accordance with generally accepted accounting principles and with this Subsection. If such accountants cannot agree on any adjustment, the matter shall be referred for final and binding determination to a third accounting firm (which shall be a so- called "Big- Five" accounting firm) selected by such accountants. Section 2.02. PaYment. The Purchase Price shall be paid as follows: (a) Execution of Agreement. Upon the execution of this Agreement, $850,000 (the "D osit ") shall be delivered by Buyer to the Escrow Agent, to be held in accordance with the terms of Article 12; and (b) Cl�. At the Closing, Buyer shall pay to Seller an amount equal to the Purchase Price less the amount of the Deposit, by one or more bank or cashier's checks or by wire transfer of immediately available funds. After the Closing, the Deposit shall then be referred to as the "Holdback ". (c) At such time as the final Purchase Price is finally determined in accordance with and pursuant to Section 2.01(f) above, either (i) Buyer shall pay Seller an aggregate amount equal to the final Purchase Price less the amount paid at Closing under Section 2.02 or (ii) Seller shall pay Buyer an aggregate amount equal to the excess of the amount paid at Closing under Section 2.02 over the final Purchase Price. Section 2.03. Assumption of Liabilities. At the Closing, Buyer shall assume and agree to pay when due, perform and discharge in accordance with the terms thereof, and indemnify and hold Seller harmless from all liabilities and obligations of Seller arising from and after the Closing, that are reflected in Schedule 2.03 hereof (the "Assumed Liabilities "). Except with respect to the Assumed Liabilities, it is agreed that Buyer shall not assume and shall not in any way be responsible for, any of the debts, liabilities or obligations of Seller. Without limiting the generality of the foregoing, Buyer shall have no liability for the following which shall not be Vista - CSSM Purrhm Agreement 1\4"57.s 4 . 4 ,,.. _. ,ll — - 111-- _ . a ,a included in Assumed Liabilities: (a) the outstanding amount of all principal, interest, fees and expenses in respect of borrowed money, capital leases and installment purchases, (b) obligations relating to taxes, including but not limited to, taxes owed by Seller associated with the Closing, (c) liabilities to any officer or director of Seller, or any relative or affiliate of such person, or (d) obligations with respect to any pension, profit sharing, retirement, employee benefit or similar plan, benefit or arrangement. Article 3. Allocation of Purchase Price. The total amount of the Purchase Price, including the liabilities assumed by Buyer pursuant to Section 2.03, shall be allocated among the Purchased Assets on the following basis: Asset Allocation Trunk & Distribution System $2,100,000 Converters 1,000,000 Head End Equipment 510,000 Trucks & Autos 50,000 Furniture & Fixtures 10,000 Inventory 50,000 Land (Head End Site)* 100,000* Covenant Not to Compete 10,000 Franchise Rights and Agreements 13,170,000 Total Purchase Price 17,000,000 *See Section 7.010) regarding transfer of the land. It is agreed by and between the parties that such allocation to each item of the Purchased Assets as set forth herein was arrived at by arm's- length negotiation and in the judgment of the parties properly reflects the fair market value of the Purchased Assets transferred pursuant to this Agreement. It is agreed that the allocation set forth above will be binding on both parties for Federal and state income tax purposes m connection with the purchase and sale of the Purchased Assets, and will be consistently reflected by the parties in their tax returns. Article 4. Representations and Warranties of Seller. Seller represents and warrants to Buyer that each of the statements contained in this Article 4 (including the Schedules hereto) is true and correct as of the date hereof and will be true and correct at and as of the Closing (except where another date or period of time is expressly mentioned herein): Section 4.01. Organization, Power and Standing. Seller is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida with all requisite visa - CSSM Purchase Agra m« t 5 14161097.5 power and authority to own its properties and engage in the business in which it is currently engaged, including owning and operating the System (the 'Business "). Section 4.02. Subsidiaries and Interest in Other Entities. Seller has no subsidiaries and does not, directly or indirectly, own or have the right to acquire any equity interest in any other corporation, partnership, joint venture or other business organization involved in the cable television or any related business. Seller has not, other than in the ordinary and usual course of business, made any material investment in, loan to, or material advance of cash or other extension of credit to, any company, entity or individual (other than employees of Seller). Section 4.03. Qualification in Foreign Jurisdictions. Seller's qualification to do business in any jurisdiction other than Florida is not required in order to operate the System. Section 4.04. Power and Authority Relative to Sale of Purchased Assets, Seller has full corporate power and authority and has taken all required action necessary to permit it to execute and deliver this Agreement and to perform all of the obligations contained herein (including the assignment, transfer and conveyance of all of the Purchased Assets), and, subject to obtaining the consents specified on Schedule 4.14, to execute, deliver and perform all of the obligations contained in all other instruments or agreements required hereby or incident or collateral hereto; and none of such actions conflicts with or violates any provision of law or of the Certificate of Incorporation or By -laws of the Seller or violates or constitutes a default under or will result in any breach of any agreement, indenture, deed of trust, mortgage, instrument, lease, order, judgment, writ, injunction, decree, license, permit, rule, or regulation of any court or governmental or regulatory body applicable to the Seller or by which Seller or its assets may be bound, or will result in the imposition of any lien, encumbrance, charge or claim upon any of the Purchased Assets. Section 4.05. Valid and Binding Obligation. This Agreement constitutes, and each other instrument or agreement to be executed and delivered by Seller in accordance herewith will constitute, the valid and legally binding obligation of Seller enforceable against Seller in accordance with their respective terms, subject to applicable bankruptcy, insolvency and other general laws affecting the rights and remedies of creditors and except that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought. Section 4.06. Financial Statements. Schedule 4.06 hereto includes an unaudited statement of operations of the Business for the year ended December 31, 1998 (the "Financial Statement "). Such Financial Statement is complete and accurate and fairly present the financial condition of the Business at the dates indicated and the results of its operations for the periods indicated and were prepared in accordance with the books and records of Seller and in conformity with generally accepted accounting principles consistently applied. Section 4.07. Conduct of Business, Absence of Material Adverse Changes. Except as set forth in Schedule 4.07, since the December 31, 1998, Seller has conducted its business only in vism - cSSM P=haw n�xmern 6 1\"57.5 the usual and ordinary course, and there has been (i) no sale, transfer or other disposition of any of its material assets (other than the Excluded Assets); (ii) no encumbrances placed upon its assets (other than the Excluded Assets); (iii) no increase in commission rates payable by Seller to any person selling cable services for the Business; (iv) no other event or condition which materially and adversely affects or which may materially and adversely affect the business, condition (financial or otherwise), prospects, assets or liabilities of Seller; and (v) except as set forth in Schedule 4.07, no special marketing program or special inducement to existing or prospective Subscribers, including but not limited to free installation, free services, premiums or gifts. Section 4.08. Status of Purchased Assets: Assets Complete. Seller is the sole owner of the Purchased Assets and has and will convey to Buyer at the Closing good and marketable title and all proprietary rights and interests in and to the Purchased Assets, free and clear of any and all mortgages, pledges, liens, security interests, encumbrances or other restrictions, including claims for Federal, state or local sales, use, income, property or other taxes. Seller may pay and discharge any liens and encumbrances not provided for out of monies paid by Buyer at the Closing. The Purchased Assets include all assets currently used in the Business or necessary for the operation of the Business (including reasonable levels of inventory) and subscriber accounts receivable paid in the ordinary course of business. The Purchased Assets include all assets and properties necessary or desirable to operate the System, and all such assets and properties are in good working order and repair. Section 4.09. Real Property. (a) Schedule 4.09 hereto sets forth a list and description of (i) all real property being transferred to Buyer (the "Owned Real Property ") and (ii) each lease, easement, right -of -way, agreement or arrangement under which Seller is a holder, lessee or other user of any real property (the "Leased Real Property "). (b) Seller does not own any real property used in connection with the System (see Section 7.010) regarding sale of head -end real estate property from Land and Property Management Corp. to Buyer). (c) At the Closing, Seller shall terminate its leasehold interest with Land and Property Management Corp. with respect to the head -end real estate property. (d) Seller enjoys peaceful and undisturbed possession under all such easements, rights -of -way, agreements and arrangements, and Seller has no knowledge of any circumstance that would hinder its right to quiet enjoyment of such property for the full term of each such easement, right -of -way, agreement or arrangement. All of such leases, easements, rights -of -way, agreements and arrangements are valid, subsisting and in full force and effect. (e) Except as set forth in Schedule 4.09, the leasehold or other interest of Seller in such real property is not subject or subordinate to any security interest, lien or mortgage except with respect to liens for taxes not yet due and payable. The use of Seller's premises by Seller VIM - CSSM Purchase Agreement 1\"57.3 7 and the occupancy and operation thereof by Seller are in compliance with all applicable Federal, state and local laws, ordinances and regulations, including without limitation Federal.and state safety, health, environmental protection and hazardous waste laws, regulations, standards and ordinances. Such real property, whether leased or otherwise held, includes all real property necessary or advisable for the operation of the System. Section 4.10. Tax Returns and Pavments: Federal T=aver Identification Number. Seller has correctly prepared and filed when due all tax returns required by law to be filed and has paid when due all taxes, assessments and other. governmental charges levied upon any of its properties, assets or income, other than those not yet delinquent. Seller has not executed any waiver that would have the effect of extending any applicable statute of limitations in respect of any of its tax liabilities. The charges, accruals and reserves on the books of Seller in respect of taxes for all fiscal periods are adequate and there is no unpaid assessment or any basis for the assessment of any material amount of additional taxes for any fiscal period. Neither the Internal Revenue Service nor any other taxing authority is now asserting or threatening to assert against Seller any deficiency or claim for additional taxes or interest thereon or penalties in connection therewith. Seller's federal taxpayer identification number is 59- 2775496. Section 4.11. Litigation. Except as set forth on Schedule 4.11, there is no litigation, proceeding or investigation pending or threatened (or any basis therefor) against Seller or affecting any of its properties, rights or assets or against any officer or employee which relates to the affairs of Seller or the right of any officer or employee to participate in the business of Seller or which might result in any material adverse change in the business or condition (financial or otherwise) of Seller or which relates to the Purchased Assets or the transactions contemplated by this Agreement, in any court or before any authority or governmental entity, including without limitation actions, proceedings or investigations with respect to any alleged violation by Seller of any law, statute, ordinance, regulation, order, policy or guideline of any governmental entity. Section 4.12. Information Relating to Material Contracts and Commitments. Schedule 4.12 is a complete and accurate list and compilation of all of the following whether written or unwritten: (a) contracts with respect to which Seller has any liability or obligation involving more than $10,000, contingent or otherwise, or which place any material limitation on the method of conducting or scope of the business of Seller (other than items listed on Schedules 4.09, 4.18. 4.19 or 4.20 ; (b) contracts with officers or directors of Seller or the spouses or relatives thereof; (c) contracts between Seller or any officer, director or employee of Seller and any other person or entity which contracts purport to restrict the business activities of Seller or use of information in its businesses; v;m -cssM P„rc1,a- nit 8 14464057.5 - ,. .. --I Wiz: ., 119511-F-V, (d) pole attachment agreements; (e) retransmission consent agreements and must -carry elections; (f) bulk and commercial agreements; (g) MDU Agreements; (h) material contracts required for the continued conduct of the Business; and (i) any other material contracts, leases of personal property, instruments, commitments, plans or arrangements (other than items listed on Schedules 4.09, 4.18, 4.19 or 4.20). All the foregoing, together with any other contracts, leases or other agreements referred to herein or in any Schedule hereto, are collectively referred to herein as "Material Contracts ". Seller has furnished to Buyer true and correct copies of all Material Contracts as currently in effect, and will furnish any further information that Buyer may reasonably request in connection therewith. Neither Seller nor any third party is in default under any material provision of any Material Contract. Each Material Contract is valid, binding and in full force and effect, and to Seller's knowledge there is no event which has occurred or exists, which constitutes or which, with notice, the happening of any event and/or the passage of time, would constitute a material default or breach under any such contract by Seller, or to Seller's knowledge, any other party thereto, or would cause the acceleration of any obligation of any party thereto or give rise to any right of termination or cancellation thereof. Seller has no reasonable basis to believe that the parties to any Material Contract will not fulfill their obligations thereunder in all material respects. Section 4.13. Compliance with Law. Seller is not in material violation of any Federal, state or local statute, ordinance, judgment, decree, order or governmental rule, regulation, policy or guideline applicable to Seller in a manner which could materially and adversely affect its condition (financial or otherwise) with respect to the Purchased Assets or the transactions contemplated by this Agreement. Section 4.14. Rgguired Consents. Except for the consents specified on Schedule 4.14, no consent, order, approval, authorization, declaration or filing, including, without limitation, any consent, approval or authorization of or declaration or filing with any governmental authority, is required on the part of Seller for or in connection with the execution and delivery of this Agreement and/or the sale of the Purchased Assets pursuant hereto. Seller has no knowledge of any facts relating to Seller which could reasonably be expected to form the basis for: (i) a denial of the assignment or transfer of any required consent or approval (or the reissuance thereof, as visa. CSSM Purahx= A�eeneac 9 1\464057.6 applicable) necessary for the operation of the System, or (ii) the rejection of Buyer to perform in the stead of Seller as obligor in respect of any of the Assumed Liabilities . Section 4.15. Insurance. Seller is insured under the insurance policies listed in Schedule 4.15, all of which are valid and in full force. Except as otherwise indicated on Schedule 4.15, all liability insurance policies are on an "occurrence" basis. All premiums due to date under such policies have been paid, and no default exists thereunder. The, insurance listed in Schedule 4.15 is in amounts adequate to cover losses on physical assets, and in amounts sufficient to avoid the operation of any coinsurance provision. Section 4.16. Collectibility of Accounts Receivable. All of the accounts receivable of Seller as of the Closing which are included in the calculation of Adjustment Assets under Section 2.01(b) hereof will be valid and enforceable claims, and arose out of bona fide transactions in the ordinary course. - Section 4.17. Transactions with Interested Persons. No officer, director or supervisory employee, nor any of their respective spouses or children, owns directly or indirectly any material interest in, or serves as an officer or director of, any customer, competitor or supplier of Seller; rovid however, that ownership of a less than 1% interest in a publicly held corporation shall not be deemed to be a material interest from the purposes of this Section. Section 4.18. Franchises. Licenses and Permits. Schedule 4.18 hereto sets forth (a) a complete and accurate list of all Franchises, licenses, permits, consents, approvals, authorizations, qualifications, and orders of governmental authorities held by Seller, which are in effect and which in any way relate to the Business (collectively, the "Authorizations "); (b) all fees and other amounts payable to any municipality or other franchising authority by Seller under the Franchises, in connection with the operation of the System; and (c) the expiration date of all Franchises, licenses and permits. The Authorizations constitute all Franchises, licenses, permits, consents, approvals and authorizations from the Federal Communications Commission ( "FCC"), the Federal Aviation Administration ( "FAA "), the State of Florida, municipalities and other governmental authorities required for the operation of the System and the conduct of the Business relating thereto, and, to Seller's knowledge, no suspension or cancellation of any Authorization is threatened. All of the Authorizations are in full force and effect and valid and enforceable in accordance with their terms. Each Authorization was properly granted, is in accordance with all state and local laws, and there exists no fact or circumstance which constitutes, or with the passage of time or the giving of notice or both would constitute, a default under any Authorization or permit any municipality or other authority to cancel or terminate any Authorization. Seller has made application for renewal under all applicable laws, including Federal, state and local law, for all Franchises which have remaining terms of less than three (3) years and a valid request for renewal has been timely filed under Section 626(a) of the Communications Act with the proper franchising authority with respect to each Franchise that has expired, or will expire within thirty months after the date of this Agreement. Seller provides service under the Authorizations in accordance with all Federal, state and local laws. vista. cssM Purchase A 10 1\460057.5 Section 4.19. EmpiOVees and Compensation. (a) Seller is in material compliance with all applicable Federal, state and local laws and regulations respecting employment and employment practices, and terms and conditions of employment and wages and hours; none of Seller's employees are represented by any union; and there is no labor strike, dispute, slowdown, stoppage, organizational effort, dispute or proceeding by or with any employee or former employee of Seller or any labor union pending or threatened against Seller. (b) There are no employment or consulting contracts or arrangements (other than those terminable at will) with any employees or consultants of or associated with Seller other than as described on Schedule 4.19. Schedule 4.19 also sets forth a true and complete list of all employees of and consultants to Seller showing date of hire, hourly rate or salary or other basis of compensation, each bonus and increase granted since January 1, 1998, and job function of salaried employees. Section 4.20. ERISA and Emplovee Benefits. (a) Schedule 4.20 hereto sets forth all material employee benefit plans, agreements and arrangements of any type (including, but not limited to, plans described in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ( "ERISA ")) maintained by Seller for the benefit of employees of Seller, or with respect to which Seller has a material liability (including, but not limited to, liabilities arising from affiliation under Section 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986, as amended (the "Code ") or Section 4001 of ERISA) (the "Benefit Plans "). (b) With respect to each Benefit Plan, Seller has made available to Buyer true and complete copies of: (i) any and all plan texts and agreements; (ii) any and all summary plan descriptions and material modifications thereto; (iii) the two most recent annual reports, if applicable; (iv) the most recent annual and periodic accounting of plan assets, if applicable; and (v) the most recent determination letter received from the Internal Revenue Service (the "Service"), if applicable. (c) With respect to each Benefit Plan: (i) such plan has been administered and enforced in accordance with its terms and all applicable laws in all material respects; (ii) no breach of fiduciary duty has occurred with respect to which Seller, any subsidiary or any Benefit Plan may be liable or otherwise damaged in any material respect; (iii) no material disputes are pending or threatened; and (iv) no "prohibited transaction" (within the meaning of either Section 4975(c) of the Code or Section 406 of ERISA) has occurred with respect to which Seller, any subsidiary or any Benefit Plan may be liable or otherwise damaged in any material respect. (d) No Benefit Plan is subject to Title IV of ERISA. Visa. cssM Purc:» agreae> M I 1 1W"57.5 Section 4.21. Compliance of Systems. There are not more than 155 miles in the System of fully constructed distribution plant which are served by the existing headend of the System. The System performs at least to the minimum standards required by the rules and regulations of the FCC. The System was constructed and installed, and is currently operated and maintained, in accordance with the terms and conditions of the Authorizations and engineering and other standards generally accepted in the cable television industry. All poles to which Seller has attached distribution plant of the System are properly permitted and Seller has duly complied in all material respects with the terms and conditions of its pole attachment agreements. No pending pole "change outs" or other work to be done and/or expense will be incurred by Buyer with respect to pole attachments. The number of channels currently provided and the number of channels the System is capable of providing, and the MHz which the System can transmit and which meet FCC requirements are listed on Schedule 4.21. Section 4.22. Cable Compliance. (a) No Violation of FCC Requirements. The System is in material compliance with the Communications Act of 1934, as amended, including the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection Act of 1992 (collectively, the "Communications Act "), and with the Franchises. Seiler has submitted to the FCC all filings, including, but not limited to, cable television registration statements, current annual reports, and aeronautical frequency usage notices, that are required under the rules and regulations of the FCC and has provided to Buyer all material notices to subscribers required under the Communications Act and the FCC's rules and regulations, including privacy, equipment compatibility, and complaint resolution notices; the operation of the System has been and is in material compliance with the rules and regulations of the FCC, and any other applicable rules and regulations, including, but not limited to, rules and regulations of the FAA. Seller is, and since January 1, 1992 has been, with respect to the System, certified as in compliance with the FCC's equal employment opportunity rules. The System is in material compliance with all signal leakage and proof -of- performance criteria prescribed by the FCC. The System is in material compliance with the must -carry and retransmission consent provisions of the Communications Act and the FCC rules, regulations and policies promulgated thereunder. Except asset. forth in Schedule 4.11, no broadcast television station has. been denied a request for carriage or channel placement on the System. Seller has supplied Buyer with technical information relating to those aspects of the System over which the FAA may have jurisdiction. The System is a "Small System" as defined by the Rules and Regulations of Part 76.901(c) of Title 47 of the Code of Federal Regulations (CFR) promulgated by the FCC. (b) Copyright. Seller has deposited with the United States Copyright Office (the "Copyright Office ") all statements of account and other documents and instruments, and paid all royalties, supplemental royalties, fees and other sums to the Copyright Office required under the Copyright Act of 1976, as amended (the "Copyright Act "), and the rules, regulations and policies of the Copyright Office promulgated thereunder, with respect to the business and operations of the System as are required to obtain, hold and maintain the compulsory license for cable television systems prescribed in Section 1I1 of the Copyright Act. To Seller's knowledge, there Visa .cSSMPumh=wgea M 12 NW57.s is no inquiry, claim, action or demand pending before the Copyright Office or from any other party that questions the copyright filings or payments made by Seller with respect to the System. (c) No Undue Influence. Seller has not engaged in, and has no knowledge of any other person who has engaged in, any impropriety, undue influence or unlawful activity on behalf of Seller, in connection with obtaining any of the Franchises or approval for the transfer thereof. (d) No Violation of Legal Requirements. The operation of the System as currently conducted does not violate or infringe in any material respect any applicable statute, ordinance, code or other law, rule, regulation, order, technical or other standard, requirement or procedure enacted, adopted, promulgated or applied by any governmental authority, including any applicable order, decree or judgment that may have been handed down, adopted or imposed by any governmental authority. Seller is permitted under all applicable Franchises, Licenses and FCC rules, regulations and orders to distribute the transmissions of video programming or other information that Seller makes available to subscribers of the System and to utilize all carrier frequencies generated by the operations of the System, and is licensed in all material respects to operate all the facilities required by law to be licensed. (e) Television Stations. Seller has included in Schedule 4.22: (i) a list of television stations whose area of dominant influence extends to ail, or any portion of, the geographic areas presently served by the System or to which Seller is entitled to extend services under the Franchises which are not carried on the System and those stations from whom retransmission consents have not been obtained; and (ii) a list of local commercial television and noncommercial television broadcast station which Seller and/or its predecessors notified, and each such station which Seller and/or its predecessors was legally entitled to notify that such station did not legally qualify for mandatory carriage under the FCC's "must carry" rules due to signal level, copyright or other legal exemptions, and specifying for each such station the reason why such station was not entitled to mandatory carriage. (f) Overbuild. Other than as set forth in Schedule 4.22, as of the date hereof, to Seller's knowledge, there is (i) no franchise or other application pending with local franchising authorities which relate to the operation of a cable television system within the geographic areas comprising the Franchises, (ii) no party providing cable television service within the geographic areas comprising the Franchises under a franchise granted by any local franchising authority, and (iii) no party providing cable television service within the geographic areas comprising the Franchises who has obtained a franchise which permits the construction, operation and maintenance of a cable television system within the geographic areas comprising the Franchises or any part thereof. To Seller's knowledge, except and only to the extent set forth in Schedule 4.22, within the past five years no operator of a cable television system other than Seller, has built, updated or otherwise constructed or operated any part of any cable television system within the Franchise areas served by the System operated by Seller. via. C&W Purr n t 13 1w"5z.s Section 4.23. Subscribers. Subscription Service and Certain Additional Information. (a) Subscription Information. Schedule 4.23(a) sets forth separately for each area covered by a Franchise, (i) the types of subscription services (basic, pay and all other) offered by the System; (ii) the rates, charges and deposits (including all periodic rates, installation, reconnection and other charges) which Seller is currently charging or requiring for such service in the System, and all changes in rates since January 1, 1993, including, without limitation, a description of basic and operational or tier services available; (iii) the number of Basic Subscribers to the System; (iv) the number of pay service units purchased by subscribers to the System; (v) the number of housing units passed by the System, (vi) the number of housing units in the areas covered by the Franchises; (vii) the number of miles of activated plant contained in the System; (viii) a list of all FCC restricted frequencies used by the System; (ix) any planned rate increases, or channel additions or reconfigurations; (x) each must -carry election or retransmission ' consent agreement pursuant to which any broadcast station is carried by the System; (xi) a list of the stations and signals carried by the System and the channel position of such signal and station; (xii) the number of attachments on poles owned by utilities and other pole lessons; (xiii) number of converters in service and associated rates; (xiv) all programming and channels offered in the System; (xv) all significant acquisitions of subscribers from bulk sellers since January 1, 1993 and (xvi) all discounts of every kind (whether or not standard or offered in the ordinary course of business) from the standard rates and. charges for the Franchises as of the date of this Agreement, including each courtesy and discount account existing as of the date of this Agreement and reasons for such discounts. (b) FCC Matters. Schedule 4.23(b) contains a true and complete list of each community to which the System provides cable television service registered with the FCC and its corresponding FCC community unit identification number. Except as specified on Schedule 4.23 Seller has not received notice from any community or other political subdivision served by the System that it has become certified by the FCC for the purpose of regulating the System's basic rates, nor to Seller's knowledge has any person or entity filed a complaint with the FCC, which has not been dismissed, with respect to the programming service rates of the System. (c) Commitments. Except as set forth on Schedule 4.23(c) , there are no unfulfilled binding commitments for capital improvements that Seller is obligated to make in connection with the System. There are no obligations or liabilities to subscribers or to other users of Seller's services that are material to the business of the System, except: (i) with respect to deposits made by such subscribers or such other users that are to be adjusted pursuant to Section 2.01(c) and (ii) the obligation to supply services to subscribers of the System in the ordinary course of business. Except as set forth on Schedule 4.23(c) . Seller has no free service liability with respect to any subscribers of the Systems. (d) Customers. The System has at least 23,390 Homes Passed. For purposes of the foregoing, "Homes Passed" means each single family residence or dwelling unit within a residential building containing multiple dwelling units that is located within 150 feet of the activated trunk or feeder cable of the System. Vista - cssM P=hm ABeanent 14 1%"57.5 Section 4.24.. Intellectual Proyerty. Seller has no (a) trademarks, service marks, trade names and copyrights for which registrations have been issued to Seller or applications for registrations have been made by Seller, (b) patents and applications therefor owned by Seller, (c) registered, assumed or fictitious names under which Seller is doing business and (d) licenses, agreements or other arrangements under which Seller has the right to use any trademark, service mark, trade name, copyright or patent, other than such as are included in programming agreements. No proceedings have been instituted or are pending or, to the knowledge of Seller, are threatened which challenge the validity of the ownership or use by Seller of any trademarks, trade names, copyrights or patents in the Business. Seller has not licensed anyone to use any trademarks, trade names, copyrights, patents or any other technical know -how or other proprietary rights of Seller, and Seller has no knowledge of the infringement by any person of any trademarks or trade names or copyrights or patents owned or used by it. Seller owns, or has the perpetual, royalty-free right to use, all trademarks, service marks, trade names, copyrights, patents, inventions, processes and other proprietary rights or confidential information used in the operation of the Business and has not received any notice of conflict with the asserted rights of others. Section 4.25. Brokers. Seiler has retained Daniels and Associates (the "Broker ") to act as a broker on its behalf in connection with this Agreement and the transactions contemplated hereby. All obligations or liabilities for the Broker's fee or commission or other like payment in 'connection with this Agreement or the transactions contemplated hereby will be borne solely by Seller. Seller agrees to indemnify and hold Buyer harmless against any claim of any person for a broker's or finder's fee or similar compensation relating to this Agreement or the transactions contemplated hereby based on an asserted agreement with such party. Except as aforesaid, Seller has not dealt with any broker, finder or similar agent with respect to this Agreement or the transactions contemplated hereby. Section 4.26. No Undisclosed Liabilities. Seller is not subject to any liability, whether absolute, contingent, accrued or otherwise which were incurred by Seller after December 31, 1998. Section 4.27. Compliance with Environmental Laws. Except as set forth on Schedule 4.27, (a) Without inquiries as to periods of time prior to Seller's ownership of, or commencement of any leasehold interest in, any particular asset, all of the current operations of the Business are in compliance with all Environmental Laws (as hereinafter defined), except where any failure to comply would not have a material adverse effect on the operation of the Business, taken as a whole. Seller has obtained all permits, licenses and authorizations required under applicable Environmental Laws, and the operation of the Business is in compliance with the terms and conditions of any required permits, licenses and authorizations, in each case except where any failure would not have a material adverse effect on the operation of the Business, taken as a whole. visa -cssM Purchan nc 15 1\46QS r.s (b) The operation of the Business does not involve the use, handling, manufacture, treatment, processing, storage, generation, release, discharge dumping or disposal of any Hazardous Substances (as hereinafter defined), except in compliance in all material respects with all applicable Environmental Laws, in each case except where any failure to comply would not have a material adverse effect on the operation of the Business, taken as a whole. (c) There is no pending or, to the knowledge of Seller, threatened Environmental Claim (as hereinafter defined) against Seller which relates to the operation of the Business. (d) There has been no release by Seller of any Hazardous Substances at, on or under any property owned or leased by it which would have a material adverse effect on the operation of the Business, taken as a whole. As used herein, the following terms shall have the meanings indicated below: _ "Environmental Laws" shall mean all federal, state and local statutes, regulations, rules, codes and ordinances relating to pollution, Hazardous Substances or the discharge of materials into the Environment. "Environment" shall mean soil, surface waters, groundwaters, land, surface or subsurface strata and ambient air. "Hazardous Substances" shall mean any substance which is a "hazardous substance ", "hazardous waste ", "toxic substance ", "toxic waste ", "pollutant ", "contaminant" or words of similar import under any Environmental Law, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 et s .), the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seg.), the Federal Water Pollution Control Act (33 U.S.C. §1251 et se q.), and the Clean Air Act (42 U.S.C. §7401 et sec.), and including without limitation, which contains polychlorinated biphenyl or gasoline, diesel fuel or other petroleum hydrocarbons or volatile organic compounds. "Environmental Claim" shall mean any litigation, claim, proceeding, order, directive, summons, complaint or citation, from any governmental authority or any third person relating to Environmental Laws or Hazardous Substances. Section 4.28. Year 2000. Seller has (i) initiated a review and assessment of all areas within the Business that would reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by Seller may be unable to recognize and perform properly date - sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that new plan. Section 4.29. Disclosure. Neither the representations and warranties of Seller contained in this Aueement nor the financial or other information included in the schedules hereto, nor any Vista. CSSM Purchase Agre=ic n 16 1\464057.5 other document, certificate or written statement furnished to Buyer by Seller or, to the extent it supplied the underlying information, furnished to Buyer by the Broker in connection herewith, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein and therein complete and not misleading as of the dates thereof in light of the circumstances in which they were made. Article 5. Representations and Warranties of Buyer. Buyer hereby represents and warrants to Seller that each of the statements contained in this Article 5 is true and correct as of the date hereof and will be true and correct at and as of the Closing. Section 5.01. Organization. Power and Standing. Buyer is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware with all requisite power and authority to own its properties and to carry on its business as such business is now conducted and presently proposed to be conducted. Buyer, or. any affiliate to which it assigns its rights and obligations hereunder, is now or will be at the Closing qualified to do business as a foreign corporation in the State of Florida. Section 5.02. Power and Authority Relative to Transaction. Buyer has full power and authority and has taken all required action necessary to permit it to execute and deliver and to carry out the terms of this Agreement and all other documents or instruments required hereby and none of such actions will violate any provision of law or of the Certificate of Formation, as amended, or operating agreement of Buyer or will result in any breach of any agreement, mortgage, instrument, order or judgment to which Buyer is a party or by which its assets may be bound. Section 5.03. Valid and Binding Obligati on. This Agreement constitutes, and each other instrument or agreement to be executed and delivered by Buyer in accordance herewith will constitute the valid and legally binding obligation of Buyer, enforceable against it in accordance with their respective terms, subject to applicable bankruptcy, insolvency and other general laws affecting the rights and remedies of creditors and except that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought. Section 5.04. Required Consents. Except for consents required in connection with the transfer of the Franchises or FCC Licenses relating to the System from the Seller to Buyer, no consent, order, approval, authorization, declaration or filing, including, without limitation, any consent, approval or authorization of or declaration or filing with any governmental authority, is required on the part of Buyer for or in connection with the execution and delivery of this Agreement. Section 5.05. Brokers. Buyer has not dealt with any broker, finder or similar agent with respect to the transactions contemplated by this Agreement. Buyer agrees to indemnify and hold Seller harmless against any claim of any person for a broker's or finder's fee or similar Vista. CSSM Purchase Agreement 1wsaos7.s 17 compensation relating to this Agreement or the transactions contemplated hereby based on an asserted agreement with such party. Article 6. Covenants of Parties. Section 6.01. Access to Information. Seller shall permit Buyer and its counsel, accountants and other representatives full access, upon reasonable notice, at reasonable times during normal business hours and in a manner which will not materially disrupt the business or personnel of Seller, throughout the period prior to the Closing, to all of the properties, books, contracts, commitments, records and personnel of Seller and shall furnish Buyer during such period all such information concerning the business affairs of Seller as Buyer or its counsel, accountants and other representatives may reasonably request. No investigation or findings of Buyer shall, however, affect the representations and warranties of Seller hereunder. Section 6.02. Conduct of Business. Between the date of this Agreement and the Closing, unless Buyer shall otherwise consent: (a) Required Actions. Seller will do the following: (i) maintain its corporate existence; (ii) conduct its business only in the ordinary course; (iii) preserve its business organizations intact, retain its permits, licenses, and the Authorizations, and preserve the existing contracts and goodwill of its subscribers, suppliers and others having business relations with it; (iv) maintain at all times all insurance of the kinds, in the amounts and with the insurers as is presently in effect or equivalent insurance; (v) keep in working condition and good order and repair all of the equipment, fixtures and other properties of Seller, normal wear and tear excepted; (vi) maintain its books, accounts and records in its usual, regular and ordinary manner and post all entries therein promptly in compliance with accepted practice and all applicable laws; (vii) pay and discharge when due all taxes, assessments and governmental charges imposed upon it or any of its properties, or upon the income or profit therefrom except to the extent that Seller may be contesting the same in good faith and by appropriate proceedings and appropriate reserves have been established therefor; visa - cssM Purchase Agc=ent 18 � W57.s (viii) operate in such a manner as to assure that the representations and warranties of Seller set forth in this Agreement will be true and correct as of the Closing Date; and (ix) meet its obligations under all material contracts, agreements, instruments and arrangements necessary or useful in connection with the Business. (b) Prohibited Actions. Seller will not do any of the following: (i) materially change its method of management or operations; (ii) terminate the services of any present employee, consultant or agent except for good cause shown; (iii) amend its Certificate of Incorporation or By -laws in a manner which could materially and adversely affect its properties, operations, condition or prospects, or the transactions contemplated herein; (iv) acquire or dispose of any properties or assets exceeding a value of $25,000; (v) subject any of its properties or assets to any mortgage, pledge, security interest or lien; (vi) modify, amend, cancel or terminate any existing agreement material to the Business; (vii) other than in the ordinary course of business and consistent with past practice increase the compensation paid or payable to any officer, director, employee, agent, representative or consultant of Seller or pay or agree to pay any bonus payment (other than bonus payments to which Seller is committed and -which have been disclosed to Buyer); (viii) issue any press release or otherwise make any public statements with respect to this Agreement and the transactions contemplated hereby; (ix) take any other action which would materially adversely affect or detract from the value of the System or the Purchased Assets; (x) directly or indirectly offer, solicit offers for or take any other action, or permit holders of its securities to do any of the foregoing, with a view to the sale of all or any substantial part of the Purchased Assets or the securities of Seller; Vista. CSSM Pesch— A9MMCM 1\464057.5 19 (xi) except as set forth in Schedule 4.07 engage in any special marketing program or offer any unusual or special inducements to existing or prospective Subscribers, including but not limited to free installation, free services, premiums or gifts; (xii) pay itself, directly or indirectly, or permit any f huts f e�eivable�fros, agents, employees or affiliates to pay any of the Sellers ac subscribers outstanding on the date hereof, or to reduce any such accounts receivable except as is consistent with Seller's past practice; and (xiii) except as set forth in Schedule 4.07 waive any installation fees or provide other inducements to acquire subscribers. Section 6.03. Consents and Apnr (a) Seller and Buyer shall cooperate and use their best efforts to obtain all - governmental and regulatory approvals and actions necessary to consummate the transactions contemplated hereby which are required to be obtained by applicable law or regulations or otherwise. (b) If applicable, Buyer and Seller, as soon as practicable, but not later than 30 days, following the execution and delivery of this Agreement, shall file the required notification (the "HSR Reoort ") with the Federal Trade Commission ( "FTC ") and the Antitrust Division of the Department of Justice (the "Antitrust Division ") under the Hart- Scott - Rodino Anti -Trust improvements Act of 1976, as amended (the "HSR Act"). Buyer and Seller shall comply fully with all applicable notification, reporting and other requirements of the HSR Act, and any similar requirements of any other jurisdiction. Seller and Buyer shall cooperate to prevent inconsistencies between their respective filings (including exchanging drafts thereof) and shall furnish to each other such necessary information and reasonable assistance as the other may reasonably request in connection with its preparation of necessary filings or submissions under the HSR Act. Seller and Buyer shall coordinate the filing of the HSR Reports so as to present both HSR Reports to the FTC and the Antitrust Division at the time selected by the mutual agreement of Seller and Buyer. Seller and Buyer shall use commercially reasonable efforts to respond as promptly as reasonably practicable to any inquiries received from the FTC and the Antitrust Division for additional information or documentation and to respond as promptly as reasonably practicable to all inquiries and requests received from any other Governmental Authority in connection with antitrust matters. Seller and Buyer shall use their respective commercially reasonable efforts to overcome any objections which may be raised by the FTC, the Antitrust Division or any other Governmental Authority having jurisdiction over antitrust matters. In the event that the consummation of the transactions contemplated hereby is challenged by the FTC or the Antitrust Division or any other Governmental Authority having jurisdiction over antitrust matters by an action to stay or enjoin such consummation, then Seller and Buyer (each, a "Side ") shall use their respective not me the reasonable efforts and shall cooperate with each other, as reasonably requested, Closing Date, to contest such action until such Side does not reasonably believe that there are reasonable grounds to contest such action, at which time such Side shall have the right to terminate visa. cssM Pumhm AV--Mt 20 (4464057.5 this Agreement unless the other of such Sides, at its sole cost and expense, elects to contest such action, in which case the noncontesting Side shall cooperate with the contesting Side and assist the contesting Side, as reasonably requested, to contest such action until such time as any party terminates this Agreement under this Section or Section 13. In the event that such a stay or injunction is granted (preliminary or otherwise), then either Seller or Buyer may terminate this Agreement by prompt written notice to the other. If any other form of equitable relief affecting any party is granted to the FTC, the Antitrust Division or other Governmental Authority having jurisdiction over antitrust matters, then such party may terminate this Agreement by prompt written notice to the other parry. Upon any termination pursuant to this Section 6.03(b) other than as. a result _ of a breach of this Agreement, neither party shall have any further obligation or liability to the other party under this Agreement. To effectuate the intent of the foregoing provisions of this Section 6.03(b), the parties agree to exchange requested or required information in making the filings and in complying as above provided, and the parties agree to take all necessary steps to preserve the confidentiality of the information set forth in any filings including, without limitation, limiting disclosure of exchanged information to counsel for the nondisclosing party. All actions required by Buyer and Seller under this Section 6.03(b) shall be at their own respective expenses, except that Buyer and Seller each shall pay one -half of the filing fee with respect to such HSR Act filing. (c) Seller will use reasonable best efforts to comply with this Section 6.03; provided, however, that "reasonable best efforts" for this purpose shall not require Seller to undertake extraordinary or unreasonable measures to obtain such approvals and consents, including without limitation, the initiation or prosecution of legal proceedings or the payment of fees or expenses in excess of customary filing and processing fees. Nothing herein shall require Buyer or Seller to agree to make any extraordinary payments or incur any additional extraordinary obligation as a condition to obtaining any such extension or approval for transfer. Section 6.04. Seller Confidentiality. Pending the Closing or any termination of this Agreement, Seller shall hold in confidence all knowledge and information of a secret or confidential nature with respect to Buyer and its affiliates, and Seller shall not, directly or indirectly, disclose, publish or make use of the same without the express written consent of Buyer. Notwithstanding the foregoing, the restriction on disclosure and use of such confidential or proprietary information shall not apply to information which (a) is lawfully and independently obtained by Seller from a third party without restriction as to disclosure or use by Seller or is disclosed or used by Seller only to the extent permitted by restrictions imposed by such third party, (b) was known by Seller prior to its disclosure by Buyer, (c) is in the public domain or enters into the public domain through no fault of Seller, or (d) is independently developed by Seller without reference to information provided by Buyer. If the Closing occurs, Seller shall hold in confidence all knowledge and information of a secret or confidential nature with respect to the Business and Seller shall not, directly or indirectly, disclose, publish or make use of the same without the express written consent of Buyer, except to the extent that such information shall have entered the public domain other than by breach of this Agreement by Seller, and except as necessary to file tax returns or other required reports with governmental agencies or as otherwise required by law.. Vista . cssM Purchase wgamnecrc 21 IW64057.s Section 6.05. NoncomDetition. Seller covenants that it and any and all affiliates of Seller will not, directly or indirectly, for a period of five years after the Closing Date: (a) engage, or assist any other person or entity to engage, in the business of owning, operating or advising a cable television system in the municipalities now served by the System (the "Competitive Business "); or (b) seek to acquire or acquire an interest in. any business (whether through stock or asset acquisition or otherwise, other than an acquisition of not more than 5% of the voting securities) which is engaged in some or all of the Competitive Business and that competes with the Business; or (c) solicit or endeavor to entice away from Buyer, any person who is, or was during the one year period prior to the Closing Date, employed by or associated with Seller or Buyer in the Business. Section 6.06. Iniunctive Relief; Limitation on Scope. Seller acknowledges that any breach or threatened breach of the provisions of Sections 6.04 or 6.05 of this Agreement may cause irreparable injury to Buyer for which an adequate monetary remedy. does not exist. Accordingly, in the event of any such breach or threatened breach, Buyer shall be entitled, in addition to the exercise of other remedies, to seek and (subject to court approval) obtain injunctive relief, without necessity of posting a bond, restraining Seller from committing such breach or threatened breach. Section 6.07. Multiple Dwelling Unit Agreements. (a) MDU Agreement Terms. Prior to the Closing, Seller shall negotiate and use its best efforts to obtain agreements for all multiple dwelling units ( "MDUs ") in the Franchise areas that have 150 units or greater and for at least 80% of those MDUs that have greater than fifty (50) units but less that 150 units. Each such agreement, as applicable, shall be in substantially the form set forth in Exhibit 6.07(a) and at a minimum meet the following criteria (such newly obtained qualifying agreements referred to collectively as the "MDU Agreements "): (i) have a term of at least ten years; (ii) if the applicable MDU is in area for which Seller has and is transferring to Buyer an exclusive Franchise, the related MDU Agreement shall provide for Seller's (and its successor's) exclusive cable television service rights; (iii) if the applicable MDU is in an area for which Seller has and is transferring to Buyer a non - exclusive Franchise, the related MDU Agreement shall provide for Seller's (and its successor's) non - exclusive cable television access rights; and (iv) if any MDU Agreement includes provisions for revenue sharing, the aggregate present value of such future payments under all of the MDU Agreements ( "Future MDU Payments ") for a period of five years from the Closing Date, based on the current revenue per Subscriber, shall not exceed $250,000 except to the extent the Base Purchase Price is adjusted in accordance with Section 2.01(d) for such amounts by which the Future MDU Payments exceed $250,000. For purposes of this Agreement, present Vista - CSSM Purchase Agreement 22 1464037.5 value means the annual stream of such future payments discounted at an annual rate of 5%. (b) Advance MDU Payments. With Buyer's consent, Seller may agree to and make up front, one time advance payments (in the aggregate, the "Advance MDU Payments ") for such MDU Agreements; provided that the Base Purchase Price will be adjusted for such payments in accordance with Section 2.01(d). (c) MDU Agreements. Qualifying MDU Agreements as of the date of this Agreement are set forth on Schedule 6.07(c). After the date of this Agreement, Seller and Buyer will communicate periodically and, as new MDU Agreements are obtained, the parties shall amend Schedule 6.07(c) to reflect such new MDU Agreements. All 1VMU Agreements listed on Schedule 6.07(c) will be used to adjust the Base Purchase Price in accordance with Section 2.01(d). Section 6.08. Representations and Warranties. Until the Closing Date, Buyer will not take any action that would cause any of the representations and warranties made by it in this Agreement not to be true and correct in all material respects on and as of the Closing Date with the same force and effect as if such representations and warranties had been made on and as of the Closing Date. Section 6.09. Efforts. Seller and Buyer will use all reasonable efforts to cause the conditions specified in Sections 7.01 and 7.02, respectively, to be satisfied as soon as practicable. Section 6.10. Buver Confidentiality. If this Agreement is terminated, Buyer will cause to be delivered to Seller all documents, work papers and other material (and all copies thereof) obtained by Buyer from Seller, whether so obtained before or after the execution hereof, and Buyer will not use or disclose any information so obtained. Pending the Closing or any such termination, all such information will be kept confidential. Notwithstanding the foregoing, the restriction on disclosure and use of such confidential or proprietary information shall not apply to information which (a) is lawfully and independently obtained by Buyer from a third party without restriction as to disclosure or use by Buyer or is disclosed or used by Buyer only to the extent permitted by restrictions imposed by such third party, (b) was known by Buyer prior to its disclosure by Seller, (c) is in the public domain or enters into the public domain through no fault of Buyer, or (d) is independently developed by Buyer without reference to information provided by Seller. Article 7. Conditions to Closing. Section 7.01. Conditions Precedent to Buyer's Obligations. The obligation of Buyer to consummate the transaction contemplated by this Agreement is expressly subject to the fulfillment or express written waiver of the following conditions on or prior to the Closing Date: vin, . cssM Purch m Agreement 23 1\4W57.5 (a) Representations and Warranties True: Obligations Performed. Each of the representations and warranties contained in Article 4 shall be true and correct in all material respects at and as of the Closing; Seller shall have performed, on or before the date of the Closing, all obligations under this Agreement which by the terms hereof are to be performed by Seller on or before the date of the Closing; and Buyer shall have received a certificate signed by an officer of Seller to such effect, in such person's capacity of an officer of Seller. (b) Required Consents. All consents and waivers, including the consents required from all governmental agencies to _ Buyer's acquisition and operation of the System, in form and substance reasonably satisfactory to Buyer and its counsel, necessary to consummate the transactions contemplated hereby and for the transfer of the Purchased Assets shall have been obtained by Seller. Without limiting the generality of the foregoing, the Authorizations shall have been assigned to Buyer on terms which are not less favorable to Buyer than those currently enjoyed by Seller, as determined in Buyer's sole discretion. (c) Delivery of Other Instruments. Seller shall have delivered such other certificates, consents, instruments or agreements as are reasonably requested by Buyer or its counsel. (d) HSR Act. The waiting period under the HSR Act applicable to the transactions contemplated by this Agreement shall have expired or been terminated. (e) Legal Opinions from Counsel for Seller. Buyer shall have received the written opinion of Solove & Solove, P.A., counsel for the Seller, dated the Closing Date, in the form of Exhibit 7.01(e). (f) Compliance with Cumulative Leakage Index Requirements. As of the Closing, the System will be in compliance with the Cumulative Leakage Index (CLI) requirements of the FCC and in particular shall have achieved a passing result under FCC Rule 76.611 as of the last reporting period prior to Closing. Seller shall have provided Buyer with such CLI measurements for the System, including underlying data, and shall have permitted Buyer to perform such tests and measurements as may be required to evidence such compliance to' the reasonable satisfaction of Buyer. (g) MDU Agreements. Seller shall have complied with the provisions set forth in Section 6.07 hereof. (h) Legal _Opinion from Communications Counsel for Seller. Buyer shall have received the written opinion of James E. Meyers, Esq., communications counsel to Seller, dated the Closing Date, in the form of Exhibit 7.01(h) hereto. (i) Sublease. Seller shall have executed the Sublease on terms reasonably satisfactory to Buyer. vim. cssu P=hm n� 24 14464057.5 0) Purchase and Sale Agreement by and between Buyer and Land and Property Management Coro. Buyer shall have received an executed Purchase and Sale Agreement (the "Purchase and Sale Agreement"), a copy of which is made a part hereof as Exhibit 7.01Q, and all other documents required in connection therewith, in a form and substance reasonably acceptable to Buyer, and all covenants, agreements and conditions to the closing of the transactions contemplated by the Purchase and Sale Agreement shall have been fully performed and satisfied. The closing under the Purchase and Sale Agreement shall have occurred contemporaneously with the Closing. (k) Escrow Agreement. Seller, Buyer and the Escrow Agent shall have executed the Escrow Agreement. Section 7.02. Conditions Precedent to Seller's Obligations. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment of the - following conditions on or prior to the Closing Date: (a) Representations and Warranties True: Obligations Performed. Each of the representations of Buyer contained in Article 5 shall be true and correct in all material respects at and as of the Closing. Buyer shall have performed, on or before the date of Closing, all obligations under this Agreement which by the terms hereof are to be performed by Buyer on or before the date of Closing; and Seller shall have received a certificate signed by an officer of Buyer to such effect. (b) Legal Opinion from Counsel for Buyer. Seller shall have received the written opinion of Choate, Hall & Stewart, counsel for the Buyer, dated the Closing Date, in form of Exhibit 7.02(b) hereto. (c) Required Consents. All consents and waivers required to permit the valid consummation by Buyer of the transactions contemplated by this Agreement shall have been obtained. (d) HSR Act. The waiting period under the HSR Act applicable to the transactions contemplated by this Agreement shall have expired or been terminated. (e) Escrow Agreement. Seller, Buyer and the Escrow Agent shall have executed the Escrow Agreement. Article S. Closing. Section 8.01. Date and Place of Closing. The consummation of the transactions contemplated hereby (the "Closing") shall be held at 10:00 a.m. (Eastern Standard Time) at such place as the parties may agree, on the earlier to occur of (i) ten (10) days after satisfaction or waiver of the conditions to the Closing set forth in Sections 7.01 and 7.02 hereof and (ii) August 31, 1999 (the "Closing Date "), unless this Agreement is otherwise terminated pursuant to Section Visa. CSSM Purchase Agrommu 2S 14164057.5 13.01 hereof; provided, however, that if the conditions set forth in Sections 7.01(d) and 7.02(d) are not satisfied, the Closing Date shall be extended until the conditions thereof are met or this Agreement is terminated pursuant to Section 6.03(b).. Section 8.02. Deliveries at Closing by Seller. At the Closing, provided Buyer has fully performed its obligations hereunder, Seller shall deliver or cause to be delivered to Buyer the following: (a) bills of sale, assignments and other instruments of transfer for the Purchased Assets, in form and substance reasonably satisfactory to Buyer and its counsel and sufficient to convey to Buyer all of Seller's rights, title and interest in and to the Purchased Assets, including, where necessary, consents to assignment or transfer by interested third parties; (b) certified copies of resolutions duly adopted by the Board of Directors and shareholders of Seller approving and authorizing the transactions provided for in this Agreement, the execution hereof and the performance of all acts required herein, accompanied by an appropriate certificate of incumbency; and (c) full possession and enjoyment of all the Purchased Assets, including, without limitation: (i) copies of any and all books, papers, ledgers, documents and records relating to the Purchased Assets or to the Seller's services and products, documents evidencing all contract rights, licenses and subscriber contracts which may be reasonably requested by Buyer; and (ii) any and all consents of any person or entity, whether or not a party to this Agreement, which are necessary to effectuate the transfer of Purchased Assets. Section 8.03. Deliveries at Closing by Buyer. At the Closing, provided Seller has fully performed all of its obligations hereunder, to and at the Closing, Buyer shall deliver or cause to be delivered to Seller the following: (a) payment of the Purchase Price as provided in Section 2.02; (b) an assumption of such liabilities and obligations of Seller as are to be assumed by Buyer as provided in Section 2.03; and (c) certified copies of all actions duly adopted by Buyer approving and authorizing the transactions provided for in this Agreement, the execution hereof and the performance of all acts required herein, accompanied by an appropriate certificate of incumbency. Article 9. Post - Closing Matters. vism - cssM P=nM ngre m t 26 1\4"57.5 Section 9.01. Books and Records. After the Closing, Buyer's and Seller's duly authorized representatives shall be entitled at all reasonable times to have access to and to make copies of all such books and records relating to the operations which are the subject of this Agreement as are reasonably required to prepare the respective tax returns. If requested by Buyer prior to Closing or within twenty -four (24) months thereafter, Seller will provide to Buyer copies of Seller's financial statements for the three years prior to Closing and Seller will assist Buyer's auditors in their review of such financial statements. Section 9.02. Further Assurances. Following the Closing, Seller will execute and deliver to Buyer such documents and take such other actions as Buyer may reasonably request in order to consummate more effectively the transactions contemplated hereby and to vest in Buyer good, valid and marketable title to the Purchased Assets being transferred hereunder. Section 9.03. Use of Names. The parties agree that Buyer shall have the, right to use the _ names under which System currently operates (including the name of the Seller) for a period of one year after the Closing in connection with its operation of the System. Section 9.04. Endorsement of Checks, Etc. Seller hereby authorizes Buyer to endorse Seller's names on and collect for Buyer's account any checks received in payment of any accounts receivable after the Closing or relating to the Purchased Assets, including, without limitation, subscriber accounts receivable, and refunds of prepaid expenses. In the event payments for any such amounts are received by Seller, it will promptly turn the same over to Buyer. Section 9.05. Use of Taping Studio. Seller and/or Seller's lessees may continue to occupy and use the taping studio located in the head end building, as currently used as of March 31, 1999, without payment of rent, until the first to occur of (i) the expiration of five years from the date of this Agreement, or (ii) a date not exceeding nine (9) months after the date on which Seller or its affiliates sell their cable system interests in Japan. Seller will notify Buyer of any sale of such cable systems upon such sale. Section 9.06. Sublease of Business Office. For a reasonable period after the Closing, Buyer may occupy and use Seller's administrative office on a non - exclusive basis, that Seller currently uses for operating the Business, subject to a sublease (the "Sublease'). The duration and other terms of the Sublease governing this sublease arrangement will be determined in good faith by the parties prior to Closing. Article 10. Transfer of Purchased Assets. Section 10.01. Transfer, Sales, Use Taxes, Etc. The cost of any sales, transfer and use taxes imposed under the laws of any state or political subdivision thereof, which arise out of the transfers contemplated by this Agreement shall be paid by Seller except as otherwise specifically stated in this Agreement. Vista - CSSM Purchase Att 2% 1 \464057.5 Article 11. Survival of Representations; Indemnification. Section 11.01. Survival. Seiler and Buyer agree that the covenants, representations and warranties contained in this Agreement shall survive the Closing and any investigation by Buyer. No action for a breach of the representations and warranties or any and all instruments executed and delivered in connection herewith shall be brought more than one (1) year from the Closing Date except for (a) claims arising out of representations and warranties contained in Sections 4.08, 4.09, 4.10, 4.20 and 4.27 which may be brought until the applicable statutes of limitations relating thereto shall have run, and (b) claims of which Seller has been notified with reasonable specificity by Buyer within such one year period. Section 11.02. Indemnification of Buy . Seller agrees to indemnify Buyer and hold it harmless against and in respect of any and all payments, damages, claims, demands, losses, _ expenses, costs, obligations and liabilities, including reasonable attorneys' fees (collectively, the "Losses ") (a) which arise or result from or are related to any breach or failure of Seller to perform any of its representations and warranties, commitments, obligations, covenants or conditions hereunder or under any certificate executed pursuant hereto; (b) which result from the failure of Seller to discharge any of its liabilities, other than the Assumed Liabilities; (c) which relate to the Purchased Assets and the Business other than the Assumed Liabilities and/or (d) which result from any actions of Seller, its employees or agents taken prior to the Closing Date or the operations of the System prior to the Closing Date other than the Assumed Liabilities. Section 11.03. Indemnification of Seller. Buyer agrees to indemnify Seller and hold it harmless against and in respect of any and all damages, claims, losses, expenses, costs, obligations and liabilities (including reasonable attorneys' fees) (collectively, the "Seller's Losses ") (a) which result from the failure of Buyer to discharge the Assumed Liabilities; or (b) which result from any actions of Buyer, its employees or agents taken after the Closing Date. Section 11.04. Procedure for Indemnification. - Any party making a claim for indemnification hereunder shall notify the indemnifying party of the claim in writing, describing the claim, the amount thereof, and the basis therefor. The party from whom indemnification is sought shall respond to each such claim within 30 days of receipt of such notice. Failure to so respond within such time period shall constitute an admission of liability for the claim or claims to which the notice related No action shall be taken pursuant to the provisions of this Agreement or otherwise by the party seeking indemnification until the later of (a) the expiration of the 30 -day response period (unless reasonably necessary to protect the rights of the party seeking indemnification) or (b) 30 days following the termination of the 30 -day response period if a response received within such 30 -day period by the party seeking indemnification requested an opportunity to cure the matter giving rise to indemnification (and, in such event, the amount of such claim for indemnification shall be reduced to the extent so cured within such 30 -day cure period). If such demand is based on a claim by a third party, the indemnifying party shall have the right to assume the entire control of the defense, compromise or settlement thereof, including at its own expense, employment of counsel satisfactory to the indemnified party, and, in Vista. CSSM Purchase AVW1XMt 28 1\464057.5 connection therewith, the party claiming indemnification shall cooperate fully to make available to the defending party all pertinent information under its control. No claim for indemnification resulting from the breach or falsity or any of the representations or warranties set forth herein or in any certificate or other instrument delivered pursuant hereto shall be made after a date on which the claim period for such representation, warranty or agreement shall have expired under the provisions of Section 11.01 hereof. Article 12. Escrow Provisions. Section 12.01. Appointment of Escrow Agent. The parties hereby designate SunTrust Bank, Miami, N.A. to act as "Escrow Agent' ' hereunder. The parties and the Escrow Agent shall be bound by the provisions of the Escrow Agreement (the "Escrow Agreement') to be executed concurrently herewith. Section 12.02. The Deposit and Holdback. Upon the execution of this Agreement and the Escrow. Agreement, Buyer has delivered to the Escrow Agent the Deposit as provided in Article 2, and the Escrow Agent has acknowledged receipt thereof. The Escrow Agent shall hold the Deposit (which is referred to as the Holdback upon the Closing) and the Holdback in an interest- bearing account as provided in the Escrow Agreement. Section 12.03. Disposition of Deposit and Holdback. (a) Disposition of Deposit in the Event the Closing does not Occur. (i) Delivery to Seller. In the event that this Agreement is properly terminated by Seller pursuant to clause (c) of Article 13, the parties shall so jointly notify the Escrow Agent and then the Escrow Agent shall deliver the Deposit, including any interest thereon, to Seller, and Buyer shall have no further liabilities or obligations to Seller hereunder or with respect to the transactions contemplated hereby. (ii) Delivery to Buyer. In the event that this Agreement is terminated in any manner other than as specified in subparagraph (i) above, the parties shall so jointly notify the Escrow Agent and the Escrow Agent shall deliver the Deposit, including any interest thereon, to Buyer. (iii) Payment as Liquidated Damages. The parties expressly acknowledge that the sums referred to above in subparagraph (i) to be paid over to Seller are agreed upon as liquidated damages and not as a penalty and that such sums have been computed and estimated as a reasonable forecast of probable actual loss to Seller because of difficulty of estimating with exactness the damages which would actually result. (b) Disposition of Holdback in the Event the Closing Occurs. In the event the Closing takes place as contemplated hereunder, the Holdback, and all interest earned thereon, shall be retained in an interest bearing account by the Escrow Agent for a period of one year (or Vista - CSSM Purchm Amt 29 1 \464057.5 longer as hereinafter provided) after Closing (the "Escrow Period ") as security for the representations and warranties of Seller contained in this Agreement. (i) Breach by Seller. In the event that during the Escrow Period Buyer determines that it is entitled to indemnification pursuant to Article 11, Buyer will give written notice to the Escrow Agent and Seiler stating in detail the basis for 'such indemnification claim. If within thirty (30) days thereafter Seller has not given notice to Buyer and the Escrow Agent objecting to such claim, the Escrow Agent shall deliver to Buyer the amount specified in Buyer's original notice (or the portion thereof not objected to by Seller). In the event that Seller delivers written objection to the payment of such claim, the Escrow Agent shall hold the relevant portion of the Holdback until such time as it receives (i) joint written instructions from Buyer and Seller as to the disposition of such amount or (ii) a court order or judgment directing such payment. (ii) Disposition After Escrow Period. Immediately after the later to occur of (A) the termination of the Escrow Period, (B) the resolution of any dispute pursuant to Section 12.04(e), and (C) the termination of any notice periods specified in subsection (i) above and any period thereafter prior to the resolution of any disagreement between the parties pursuant thereto, the Escrow Agent shall pay the balance, if any, of the Holdback and interest earned thereon to the party entitled thereto pursuant to subparagraph (i) above or Section 12.04(d) or (e) below, as appropriate, and shall pay any remaining balance to the Seller, and the escrow shall terminate. Article 13. Termination. Section 13.01. This Agreement and the transactions contemplated hereby may be terminated at any time prior to the Closing: (a) by mutual written consent of Seller and Buyer; (b) by Buyer, if Seller shall have breached or failed'to perform in any material respect any of its obligations, covenants or agreements under this Agreement, or if any of the representations and warranties of Seller set forth in this Agreement shall not be true in any material respect, and such breach, failure or misrepresentation is not cured to Buyer's reasonable satisfaction within 10 days after Buyer gives Seller written notice identifying such breach, failure or misrepresentation; (c) by Seller, if Buyer shall have breached or failed to perform in any material respect any of its obligations, covenants or agreements under this Agreement, or any of the representations and warranties of Buyer set forth in this Agreement shall not be true in any material respect, and such breach, failure or misrepresentation is not cured to Seller's reasonable satisfaction within 10 days after Seiler gives Buyer written notice identifying such breach, failure or misrepresentation; vism - cssM P=hm ngreemmt 3 0 (44&1857.5 (d) by Buyer, if the conditions set forth in Section 7.01 become incapable of satisfaction; (e) by Seller, if the conditions set forth in Section 7.02 become incapable of satisfaction; or (f) by Seller or by Buyer if the Closing shall not have occurred on or before August 31, 1999, or such other date, if any, as Seller and Buyer may agree in writing; except that this Agreement may not be terminated under this Section by any party that is in material breach of any representation or warranty or in violation of any covenant or agreement contained herein. Section 13.02. Effect of Termination. (a) If this Agreement is terminated (i) under Section 13.01(a) herein or (ii) under Sections 13.01(d) or 13.01(e) herein at a time when no party is in material breach of a representation or warranty or in violation of a covenant or agreement contained herein, all further obligations of Seller to Buyer, and of Buyer to Seller, will terminate without further liability of Seller or Buyer. (b) If this Agreement is terminated under Section 13.01(b), (c), (d), (e) or (f) herein at a time when one or more parties is in material breach of a representation or warranty or in violation of a covenant or agreement contained in this Agreement, the liabilities and obligations of the party not in material breach or violation of this Agreement shall terminate, and the party which is in breach or violation of this Agreement shall remain liable for such breaches and violations, and nothing shall be deemed to restrict the remedies available against such party or parties. (c) The obligations of Buyer under Section 6.04 shall survive the termination of this Agreement. Article 'cle 14. Miscellaneous. Section 14.01. Notices. Any notices or other communications required or permitted to be given hereunder shall be sufficiently given if delivered in person or mailed by registered or certified mail, return receipt requested, or sent by nationally recognized overnight delivery service, addressed as follows: Vista - CSSM Pwch— Agm- -t 14464057.5 To the Seller: Cable Satellite of South Miami, Inc. 10711 SW 216th Street, Suite A -100 Miami, FL 33170 31 Fax: (305) 252 -9097 Attention: Charles C. Hermanowsld, President with a copy to: Robert A. Solove, Esq. Solove & Solove, P.A. 9500 South Dadeland Boulevard Suite 450 Miami, FL 33156 Fax: (305) 670 -0599 To the Buyer: Vista Broadband Communications, LLC 3773 S. Cobb Drive Smyrna, GA 30080 Attention: Neil R. McHugh, Manager Fax: (770) 333 -3430 with copies to: John Hunt Boston Ventures `Management, Inc. One Federal Street - 23rd Floor Boston, MA 02110 -2003 Fax: (617) 350 -1574 and Stephen M. L. Cohen, Esq. Choate, Hall & Stewart Exchange Place 53 State Street Boston, Massachusetts 02109 Fax: (617) 248 -4000 Section 14.02. No Waiver. No failure to exercise and no delay in exercising, on the part of Buyer or Seller, any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights provided are cumulative and not exclusive of any rights provided by law. Vista - CSSM Pumhase Agent 32 11464057.5 Section 14.03. Amendments and Waivers. This Agreement may be modified or amended only by a writing signed by each parry hereto. No waiver of any term or provision hereof shall be effective unless in writing signed by the party waiving such term or provision. Section 14.04. Construction. This Agreement, and the agreements and instruments contemplated hereby, shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of law provisions. The descriptive headings of the several Articles and Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. Section 14.05. Binding Effect and Benefits; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Upon prior notice to Seller, Buyer shall have the right to assign its rights and obligations hereunder to an affiliate of Buyer or to any person or entity acquiring all or any _ material portion of the assets or securities of Buyer, in which case such affiliate or successor shall be substituted for Buyer under this Agreement in all respects and the provisions of this Agreement shall be deemed to be modified to reflect such assignment. Buyer may also collaterally assign its rights hereunder to its lender or lenders. Section 14.06. Prior Agreements. This writing embodies the entire agreement and understanding between the parties with respect to this transaction and supersedes all prior discussions, understandings and agreements concerning the matters covered hereby. Section 14.07. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument, and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 14.08. Further Assurances. Following the Closing, Seller will execute and deliver to Buyer such documents and take such other actions as Buyer may reasonably request in order to consummate the transactions contemplated hereby. Section 14.09. Late Payments. If either party fails to pay the other any amounts when due under this Agreement (excluding the Purchase Price but including post - Closing adjustments and indemnification payments), the amounts due will bear interest from the due date to the date of payment at the annual rate publicly announced from time to time by Bank of New York as its prime rate (the "Prime Rate ") plus 3 %, adjusted as and when changes in the Prime Rate are made. Section 14.10. Severability. Any term or provision of this Agreement which is invalid or unenforceable will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining rights of the person intended to be benefitted by such provision or any other provisions of this Agreement; provided however that the economic and legal substance of the transactions contemplated by this Agreement is not Vista - cssM Purchase Amt 33 iwsaos7.s affected in any manner that is materially adverse to any party affected by such invalidity or unenforceability. Section 14.11. Specific Performance. Seller acknowledges that money damages would not be a sufficient remedy for any breach by it of this Agreement and agrees that Buyer shall be entitled to specific performance and injunctive relief as remedies for any such breach in addition to any other remedies or indemnification contained herein.. Section 14.12. Schedule and Exhibits. Seller is delivering to Buyer concurrent with the execution and delivery of this Agreement the following Schedules referred to in this Agreement: Schedule Description 1.01(a) Excluded Assets ..................... 1.01(b) Purchased Assets .................... 2.03 Assumed Liabilities ............... .................. . 4.06 Financial Statement ..................................... 4.07 Material Adverse Changes ................................ 4.09 Real Property ......................................... 4.11 Litigation ............ ............................... 4.12 Material Contracts and Commitments ........................ 4.14 Required Consents ..................................... 4.15 Insurance .......................' ................... . 4.18 Franchises, Licenses and Permits ............` ............. . 4.19 Employees and Compensation ......................) ....... 4.20 ERISA and Employee Benefits ............................. 4.21 Compliance of Systems .................................. 4.22 Television Stations; Overbuild ............................. 4.23(a) Subscription Information ................................. 4.23(b) FCC Matters . ............................... .... . . 4.23 (c) Commitments ... ..... ............................... . Vista - CSSM Purchase AV9==t twsaos7.s 34 Schedule Description 4.27 Environmental Laws Compliance ............................ 6.07(c) MDU Agreements ..................................... The following Exhibits to this Agreement are referred to in and form a part of this Agreement: Exhibit Description 1.05 Estimated Purchase Price Certificate .... ........... . 6.07(a) MDU Agreement Model ......................... 7.01(e) Legal Opinions from Counsel for Seller ............... 7.01(h) Legal Opinion from Communications Counsel to Seller .... 7.010) Purchase and Sale Agreement ......... ........... . 7.02(b) Legal Opinion from Counsel for Buyer ............... Section 10.13. Defmitions. The following terms, as used in this Agreement, have the meanings given to them in the section or place indicated: v;sn -CSSM Purchan ng=ncnt 35 i�as 57.5 Section Adjustment Liabilities .......................... 2.01 Adjustment Assets ............................ 2.01 Advance MDU Payments ........................ 6.07 Antitrust Division ............................. 6.03(b) Assumed Liabilities ........................... 2.03 Authorizations ............................... 4.18 Base Purchase Price ........................... 2.01 Basic Subscribers ............................. 2.01 Benefit Plans .................. .....:...... 4.20 v;sn -CSSM Purchan ng=ncnt 35 i�as 57.5 Visa - CSSM Purch— Agoemem 1\464057.5 M- Section Broker..... ............................... 4.25 Business .... ............................... 4.01 Buyer ..................................... Preamble Closing Date . ............................... 8.01 Closing ..... ............................... 8.01 Code..................................... 4.20 Communications Act ........................... 4.22 Competitive Business .......................... 6.05 Copyright Office ............................. 4.22 Copyright Act ............................... 4.22 Deposit..... ............................... 2.02 Environment . ............................... 4.27 Environmental Claim .......................... 4.27 Environmental Laws ....... ....... ......... 4.27 ERISA... ............................... 4.20 Escrow Period ............................... 12.03 Escrow Agent ... .. ............. .... ,' ...... 12.01 Estimated Purchase Price Certificate ................ 2.01 Excluded Assets .............................. Article 1 FAA....... ............................... 4.18 FCC...................................... 4.18 Financial Statement ............................ 4.06 Franchises .................. ........... Recitals FTC...... ............................... 6.03(b) Future MDU Payments .................... ... • 6.07 Hazardous Substances .......................... 4.27 Holdback ... ............................... 2.02 Visa - CSSM Purch— Agoemem 1\464057.5 M- Section Homes Passed ............................... 4.23 HSR Act .... ............................... 6.03(b) HSR Report ... ............................... 6.03(b) Leased Real Property .......................... 4.09 Losses ... ..... .......................... ... 11.02 Material Contracts ............................ 4.12 MDU Agreements ............................ 6.07 MDUs.................................... 6.07 Owned Real Property .......................... 4.09 Prime Rate .. ............................... 14.09 Purchase Price ............................... 2.01 Purchase and Sale Agreement ..................... 7.01 Purchased Assets ............................. Article 1 Seller ...... ............................... Preamble Seller's Losses ... ................. ......... 11.03 Service..... ............................... 4.20 Sublease ...................................... 9.06 System ..... ............................:.. Recitals Visa. CSSMPurd —AW tt 1\464057.5 37 ArN l ly 101tt�' C MRICAnn� &�nnnA Z�a-4Q40 �tvo,59s P�.3iie i EXECUTED as a sealed instrument as of flee date first above wntt=. VISTA BROADBAND COMMUNICATIONS, LLC By; M,:L <R , T��44 Neil R McHugh, Manger CABLE SATELLITE OF SOU'G'H M OE, INC. By.. C edes C. Her=cwdd President vt,�.- css�►t�+s.eAd 3$• pA61057J R-ZZ- M (THO 11;19 APR -22 -99 11 :08 An �rn•�.•19991fri1J iu ;�� AM x2.1999 11:14AM �CUT81 BUIE NLOIE ?. L 00 N1 CRUI-h ::iN 1 mL41 1 0 • - ULM I Mfit ?.A. MUM btu U199 CHUAlk HALL 6 altlAAl 24NOU NUS Usti r, 1 y as a iealod !st=mt U of the ditt fiat above writtan. VISTA HAOADBA" COMMUNECATIONS, LLC BI Nail R M gumb: M=19at CABLE S kTELLM OF SOCTE 1►'!IA&II, INC. By, — 0�7 MUMS C. ZJ P:elidtnt CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7/30/99 AGENDA ITEM # FROM: Charles D. Scurr 0 Comm. Mtg. 8/3/99 City Manager Membership dues Chamber of Commerce The attached resolution sponsored by Mayor Robaina authorizes the expenditure of $1,725.00 from Account Number 01- 1100 - 511 -5410 to Chamber South for annual membership. The fund balance for this account is: Existing Fund Balance: $ 6,198.97 This appropriation: 1,725.00 New fund balance: $ 4,473.97 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEMBERSHIP FOR THE CITY OF SOUTH MIAMI IN THE CHAMBER OF COMMERCE, AT A COST NOT TO EXCEED $1,725 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01- 1100 -511 -5410, MEMBERSHIPS AND SUBSCRIPTIONS. WHEREAS, the Mayor and Commission recognize the importance of the local business community represented by the Chamber of Commerce South; and WHEREAS, it is important for the City to be actively involved in the activities of the Chamber South; and WHEREAS, the City of South Miami shows its support by being an active participant and member of the Chamber South. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized to purchase membership to the Greater South Dade /South Miami/Kendall Chamber or Commerce, for the City of South Miami. Section 2. The cost for this membership shall not exceed $1,725.00 to be paid from account no. 01- 1100 -511 -5410, Memberships and Subscriptions. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this _ day of , 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Chamber South 6410 S.W. 80th Street, Miami, FL 33143 -4602 Phone: (305) 661 -1621 Fax:(305) 666 -0508 Invoice City of South Miami Htt: mayor Julio Ko 6130 Sunset Drive South Miami, FL 33143 Date Inv ID Description Amount 5/01/1999 22812 Membership Investment 1,700.00 Optional Benefactor Donation 25.00 Balance Due: 1,725.00 This membership renewal was due May 1, 1999. Our records indicate that this payment has not been received by Chamber South. If payment has already been made please contact our office at (305) 661 -1621 so that we may correct our records. Membership Investment in the chamber of commerce may be tax deductible as an ordinary and necessary business expense. Dues paid to the Chamber are not a charitable contribution for federal income tax purposes. The Chamber is not a charity but serves as an advocate for area business. A portion of dues, however, is not deductible as an ordinary and necessary business expense to the extent that Chamber South engages in state or federal lobbying. The nondeductible portion of dues for 1999 is 5 %. City of South Miami Att: Mayor Julio Ro 6130 Sunset Drive South Miami, FL 33143 Name on Card: Signature: Please return bottom portion with payment Please make your check payable to the Chamber South OR PROVIDE [ ] Amex [ ] Visa [ ] MasterCard NO. Exp: Member ID: 41 Date Joined: 1/01/1901 Balance Due: 1,725.00 Due Date: 5/01/1999 y e s„ fi ro rA� :P' E3', 4. o '<¥ ? �' ? {k2 a�' INS is I .bi'yct s s41 a+y"�a Q gr' b-,w, 6f, C z, in ii i` .,`, 4Y.,v io '�?� ,>�1: ;$e rash h Mm +� � yy3`s r �" � LOA, 61 WOM CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager Date: July 30, 1999 Re: AGENDA ITEM # 47 City Commission meeting Of August 3, 1999 Resolution regarding Proposed millage of 6.59 mils. REQUEST Approval of the maximum millage for the FY 1999 -2000 Budget at the current rate of 6.59 mils and establishment of the dates, place and time of the first and second budget hearings. BACKGROUND & ANALYSIS In accordance with Florida Statute the City must establish the maximum millage rate for the FY 1999 -2000 Budget and establish the dates, places and times for the budget hearings. It is recommended that the maximum millage be set at the current rate of 6.59 mils. This maintains your commitment to not increase the property tax rate. You will still have the ability to lower the millage rate during the budget process. It should be noted that once the maximum rate is set at 6.59 mils it can only be raised after extraordinary efforts are undertaken by the City to notify its taxpayers. The dates for the budget hearings are set for Friday, September 3rd and Friday September 17' The date for the second hearing of Tuesday September 14th is no longer available because the County has scheduled a supplemental hearing on that date. 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 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADVISING THE PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE OF 6.59 MILLS; ITS ROLL -BACK RATE OF 5.995 MILLS AND ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET, ALL REGARDING THE CITY'S 1999/2000 FISCAL YEAR BUDGET. WHEREAS, Florida Statute 200.065 requires; (1) that within 35 days of Certificate of Value; (2) "each taxing authority shall advise the property appraiser of its proposed millage rate, of it rolled -back rate computed pursuant to sub - section; (3) and of the date, time and place which a public hearing will be held to consider the proposed millage rate and tentative budget "; and WHEREAS, the Certification of Value was made on July 1, 1999; and WHEREAS, the City Administration has computed the proposed millage rate and the rolled -back rate; and WHEREAS, the Mayor and City Commission wish to comply with the aforesaid Statute. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration advises the property appraiser that the proposed millage rate of City of South Miami, Florida for the 1999/2000 fiscal year budget is 6.59 mills. The rolled -back rate computed pursuant to sub - section (1) if Florida Statute 200.065 is 5.995 mills. Section 2. That date, time and place at which public hearing swill be held to consider the proposed millage rate and tentative budget were determined by the City Clerk as follows: 1. First Budget Hearing- Friday, September 3, 1999 at 6:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida. 2. Second Budget Hearing- Friday, September 17, 1999 at 6:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida. PASSED AND ADOPTED this ATTEST: day of August 1999. APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 30, 1999 From: Charles D. Scum Re: AGENDA ITEM# City Manager Commission meeting Aug. 3, 1999 1998 -99 Budget Amendment. The attached resolution is requesting your authorization for the City Manager to transfer any unencumbered appropriation balance from one department to another in all our budgeted funds for fiscal year 1998 -99, pursuant to Article IV f (1) of the City Charter. For your information, the requested transfer amount for each fund results from projections made by each department and verified by the Finance department using the actual revenue and expenditure figures as of June 1999. The beginning cash balance for next fiscal year has been adjusted to include the overage and savings expected from this year's budget. Any new savings realized from the current year's budget will be reflected in our end of the year actual cash carryover balance for future budget use. 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 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 1998 -99 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 1999, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. WHEREAS, Article IV F (1) of the charter of City of South Miami, Florida, provides as follows: At the request of the City Manager and within the last three months of the budget year, the City Commission may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office department to another: and WHEREAS, the City Manager has set forth a series of recommendations in the attached itemized list to transfer line items from one City department to another as of the end of the budget year ending September 30, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the recommendations of the City Manager be, and hereby are, approved and adopted as set forth in the attached itemized list to transfer line items from one city department to another pursuant to the City Charter as of the end of the 1998 -99 budget year. Section 2. That the City Manager be, and hereby is, authorized to take such measures as are necessary to accomplish those transfers. Section 3. That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of '1999 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 1998 -99 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 1999, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. WHEREAS, Article IV F (1) of the charter of City of South Miami, Florida, provides as follows: At the request of the City Manager and within the last three months of the budget year, the City Commission may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office department to another: and WHEREAS, the City Manager has set forth a series of recommendations in the attached itemized list to transfer line items from one City department to another as of the end of the budget year ending September 30, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the recommendations of the City Manager be, and hereby are, approved and adopted as set forth in the attached itemized list to transfer line items from one city department to another pursuant to the City Charter as of the end of the 1998 -99 budget year. Section 2. That the City Manager be, and hereby is, authorized to take such measures as are necessary to accomplish those transfers. Section 3. That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of , 1999 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 1 2 AD VALOREM TAXES ADJUSTMENT AMENDED 3 ADOPTED ECOMMENDE BUDGET 4 1998 -99 1998 -99 1998 -99 5 6 7 MILLAGE RATE 6.59 6.59 6.59 8 9 VALUE OF ONE MILL (BASED ON 582,821 582,821 582,821 10 REAL & PERSONAL PROPERTIES) 11 12 LESS VALUE OF ONE MILL FOR 50 0 0 0 13 CRA INCREASE IN TAXABLE ASSESSMENT 14 151 VALUE OF ONE MILL (AFTER DEDUCTING 16 50916 OF CRA INCREASED ASSESS 0 0 0 17 18 1 95% OF 1 MILL (TO ALLOW FOR 553,680 553,680 553,680 191 DELETIONS & DELINQUENCIES) 20 21 AD VALOREM TAXES (BASED ON 3,648,751 3,648,751 3,648,751 22 95% OF 1 MILL) 23 24 25 26 ADJUSTMENT AMENDED 27 ACCT. NO. ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 28 1998 -99 1998 -99 1998 -99 29 30 1100 LEGISLATURE -CITY COMMISSION $120,588 $28,450 $149,038 31 1200 CITY CLERK 110,776 5,679 116,455 32 1310 CITY MANAGER 181,474 37,064 218,538 33 1315 INTERGOVERNMENTAL AFFAIRS 63,000 (3,000) 60,000 34 1320 OFFICE SERVICES 140,079 (5,774) 134,305 35 1410 FINANCE DEPARTMENT 276,497 13,955 290,002 36 1420 NON- DEPARTMENT INSURANCE 463,550 (9,898) 453,652 37 1500 CITY ATTORNEY 139,250 36,902 176,152 38 1610 BUILDING DIVISION 372,809 2,187 385,706 39 1620 PLANNING DIVISION 257,360 69,551 326,911 40 PUBLIC WORKS 2,402,593 2,532,812 2,532,812 41 1710 -BLDG. MAINT 258,739 18,023 276,762 42 1720 -SOLID WASTE 1,006,458 71,384 1,077,842 43 1730 STREET MAINT. 2133434 28,642 242,076 44 1750 - LANDSCAPE MAINT. 0 0 0 45 1760 - EQUIPMENT MAINT 407,962 16,542 424,504 46 1770 OFFC OF DIRECTOR 190,495 11,266 201,761 47 1810 OFFICE OF DEVELOPMENT 0 0 0 48 1910 POLICE -LAW ENFORCEMENT 4,144,027 (16,859) 4,1273168 49 2000 RECREATION 976,191 4,744 980,935 50 2100 NON - DEPARTMENTAL EXPENSES 1,081,423 (290,523) 790,900 51 52 TOTAL EXPENDITURES $10,404,112 $18,335 $10,432,707 53 54 TOTAL PERSONNEL 156.001 0.00 156.00 55 THIS PAGE IS PRINTED ON RECYCLED PAPER 56 1 T CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 57 58 FUND GENERAL 01 59 DEPARTMEN LEGISLATIVE 11 6o DIVISION CITY COMMISSION 00 61 FUNCTION LEGISLATIVE 511 62 AMENDED CCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET O 1998 -99 1998 -99 199 8 -99 SALARIES & FRINGE BENEFITS rINADJUSTMENT 1110 SALARIES & WAGES - EXECUTIVE $15,000 $0 $15,000 1210 SALARIES & WAGES - REGULAR 0 0 0 TOTAL SALARIES & WAGES $15,000 $0 $15,000 71 72 2110 F. I. C. A. 1,148 0 1,148 73 2210 PENSION PLAN -EX COMMISSIONE 1,440 0 1,440 74 2310 GROUP HEALTH INSURANCE 0 0 0 75 76 1 TOTAL PERSONNEL SERVICES $17,588 $0 $17,588 77 78 SERVICES & SUPPLIES 79 3210 AUDITOR'S FEE $28,000 $250 $28,250 80 4010 MAYOR'S EXPENSE 1,200 100 1,300 81 4020 COMMISSIONER'S EXPENSE -ONE 1,000 0 1,000 82 4030 COMMISSIONER'S EXPENSE -FOUR 1,000 0 1,000 83 4040 COMMISSIONER'S EXPENSE -THRE 1,000 0 1,000 84 4050 COMMISSIONER'S EXPENSE -TWO 1,000 0 1,000 85 4060 MAYOR'S AUTO ALLOWANCE 500 0 500 86 4070 TRAVEL & CONFERENCE 0 0 0 87 4120 COMMUNICATIONS - TELEPHONE S 0 0 0 88 4830 KEYS & FLOWERS 3,000 1,000 4,000 89 4840 TV BROADCSTNG- COMMISSN MTN 1,500 200 1,700 90 5210 SUPPLIES 1,000 1,500 2,500 91 5410 MEMBERSHIPS & SUBSCRIPTIONS 9,700 (3,700) 6,000 92 9910 CONTRIBUTION- SPECIAL EVENTS 51,300 29,000 80,300 93 94 TOTAL SERVICES & SUPPLIES $100,200 $28,350 $128,550 95 96 TOTAL OPERATING EXPENSES $117,788 $28,350 $146,138 97 98 CAPITAL OUTLAY 99 6420 EQUIPMENT OFFICE $0 $100 $100 1001 6430 EQUIPMENT OPERATING 2,800 0 2,800 101 1021 TOTAL CAPITAL OUTLAY $23800 $100 $2,900 103 104 TOTAL EXPENDITURES $120,588 $28,450 $149,038 105 106 BUDGETED POSITIONS 5 0 5 107 108 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET +e*�ax3�a tzmm5e �., ,.+ter -F�- . _ ..,.. a, .. � ,... , .;, `�{?a�:mE'..M«E� , ��, - '�n-- ,�.,;� �;�i'r•,... -mom <.. A B C D E 109 110 FUND GENERAL 01 111 DEPARTMEN CITY CLERK 12 112 DIVISION CITY CLERK 00 113 FUNCTION EXECUTIVE MANAGEMENT 512 114 115 ADJUSTMENT AMENDED 116 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 117 NO 1998 -99 1998 -99 1998 -99 118 SALARIES & FRINGE BENEFITS 119 1110 SALARIES & WAGES -EXECUTIVE $0 $0 $0 120 1210 SALARIES &WAGES - REGULAR 67,886 6,007 73,893 121 1310 SALARIES & WAGES - PART TIME 0 0 0 122 TOTAL SALARIES & WAGES $67,886 $6,007 $73,893 F.1. C. A. 5,571 82 5,653 DEFERRED COMP. CONTRIBUTION 3,000 0 3,000 GROUP HEALTH INSURANCE 4,894 294 5,188 J E2220 TOTAL PERSONNEL SERVICES $81,351 $6,383 $87,734 SERVICES & SUPPLIES CONTRACTUAL SERVICES $0 $0 $0 1331 4060 EMPLOYEE AUTO ALLOWANCE 500 0 500 1341 4070 TRAVEL & CONFERENCE 2,200 (1,900) 300 1351 4080 EDUCATION 400 0 400 136 4910 LEGAL AD 18,000 2,000 20,000 137 4920 ELECTIONS 0 0 0 138 4930 RECORDING FEES 225 (225) 0 139 4950 CODIFICATIONS 3,500 (500) 3,000 140 5210 SUPPLIES 1,200 (400) 800 141 5410 MEMBERSHIPS & SUBSCRIPTIONS 400 (79) 321 142 143 TOTAL SERVICES & SUPPLIES $26,425 ($1,104) $25,321 144 1451 TOTAL OPERATING EXPENSES $107,776 $5,279 $113,055 146 CAPITAL OUTLAY N147 6420 EQUIPMENT OFFICE $0 $0 $0 6430 EQUIPMENT OPERATING 0 900 900 1501 6510 RECORDS RETENTION 39000 (500) 2,500 151 TOTAL CAPITAL OUTLAY $3,000 $400 $3,400 TOTAL EXPENDITURES $110,776 $5,679 $116,455 [1531 BUDGETED POSITIONS 2 2 THIS PAGE IS PRINTED ON RECYCLED PAPER +e*�ax3�a tzmm5e �., ,.+ter -F�- . _ ..,.. a, .. � ,... , .;, `�{?a�:mE'..M«E� , ��, - '�n-- ,�.,;� �;�i'r•,... -mom <.. CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 16o FUND GENERAL 01 161 DEPARTMEN CITY MANAGER 13 162 DIVISION CITY MANAGER 10 163 FUNCTION EXECUTIVE MANAGEMENT 513 164 165 ADJUSTMENT AMENDED 166 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 167 NO 1998 -99 1998 -99 1998 -99 168 SALARIES & FRINGE BENEFITS 169 1110 SALARIES & WAGES - EXECUTIVE $0 $0 $0 170 1210 SALARIES & WAGES -REGULAR 146,141 26,134 172,275 1711 1310 SALARIES & WAGES - PART TIME 0 0 0 172 1410 OVERTIME 0 0 0 173 174 TOTAL SALARIES & WAGES $146,141 $26,134 $172,275 175 176 2110 F. 1. C. A. 11,535 1,644 13,179 177 2310 GROUP HEALTH INSURANCE 10,223 511 10,734 178 179 TOTAL PERSONNEL SERVICES $167,899 $28,289 $196,188 180 181 SERVICES & SUPPLIES 182 3160 PRE - EMPLOYMENT PHYSICALS $0 $0 183 3450 CONTRACTUAL SERVICES 2,500 5,500 8,000 184 4060 AUTO ALLOWANCE 45800 0 45800 1851 4065i CITY MANAGER EXPENSE 950 (100) 850 1861 4070 TRAVEL & CONFERENCE 0 0 0 1871 4080 EMPLOYEE EDUCATION 2,000 (550) 188 4710 PRINTING /BINDING /PHOTOCOPYIN 0 0 189 4850 ADVERTISING- NON -LEGAL 0 0 190 5210 SUPPLIES 2,375 2,625 d2,000 191 5410 MEMBERSHIPS & SUBSCRIPITIONS 950 1,050 192 1931 TOTAL SERVICES & SUPPLIES $13,575 $8,525 $22,100 194 1951 TOTAL OPERATING EXPENSES $181,474 $36,814 $218,288 196 1971 CAPITAL OUTLAY 198 6420 EQUIPMENT OFFICE $0 $0 199 6430 EQUIPMENT - OPERATING 0 250 250 200 201 TOTAL CAPITAL OUTLAY $0 $250 $250 202 203 TOTAL EXPENDITURES $181,474 $37,064 $218,538 204 12051 BUDGETED POSITIONS 3.5 3.5 206 207 1 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 208 209 FUND GENERAL 01 210 DEPARTMEN CITY MANAGER 13 211 DIVISION INTERGOVERNMENTAL AFFAIRS 15 212 FUNCTION EXECUTIVE MANAGEMENT 513 213 214 ADJUSTMENT AMENDED 215 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 216 NO 1998 -99 1998 -99 1998 -99 217 218 SERVICES & SUPPLIES 219 3450 CONTRACTUAL SERVICES $48,000 $0 $48,000 220 4070 TRAVEL & CONFERENCE 15,000 (3,000) 12,000 221 222 TOTAL SERVICES & SUPPLIES $63,000 ($3,000) $60,000 223 224 225 226 227 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET I A B C D E 228 229 FUND GENERAL 01 23o DEPARTMEN FINANCE 13 231 DIVISION OFFICE SERVICES 20 232 FUNCTION FINANCIAL AND ADMINISTRATIVE 513 233 234 ADJUSTMENT AMENDED 235 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 236 NO 1998 -99 1998 -99 1998 -99 237 SALARIES & FRINGE BENEFITS 238 1210 SALARIES & WAGES -REGULAR $40,995 ($248) $40,747 239 1310 SALARIES & WAGES -PART TIME 9,641 2,122 11,763 240 241 TOTAL SALARIES & WAGES $50,636 $1,874 $52,510 242 243 2110 F. I. C. A. 4,030 (13) 4,017 244 2310 GROUP HEALTH INSURANCE 2,183 131 2,314 245 246 TOTAL PERSONNEL SERVICES $569849 $1,992 $58,841 247 248 SERVICES & SUPPLIES 249 250 4070 TRAVEL & CONFERENCE $330 ($167) $163 251 4110 POSTAGE 16,150 (926) 15,224 2521 4420 LEASE PURCH- POSTAGE MACHINE 4,000 (50) 3,950 2531 4615 MAINT & REP. OFFICE EQUIP 2,810 (1,645) 1,165 2541 4620 MAINT & REP OPERATING EQUIP 4,100 (2,863) 1,237 2551 4710 PRINTING /BINDING /PHOTO COPY 16,150 (650) 15,500 256 4720 PRINTING CONTRACTUAL 1,900 0 1,900 257 5210 SUPPLIES 19,000 (1,575) 17,425 258 5220 UNIFORMS 190 (14) 176 259 5410 MEMBERSHIPS & SUBSCRIPTIONS 150 124 274 260 261 TOTAL SERVICES & SUPPLIES $64,780 ($7,766) $57,014 2621 1 2631 TOTAL OPERATING EXPENSES $121,629 ($5,774) $115,855 264 265 CAPITAL OUTLAY 266 6420 OFFICE EQUIPMENT $7,450 $0 $7,450 267 6430 OPERATING EQUIPMENT 11,000 0 113000 268 269 TOTAL CAPITAL OUTLAY $18,450 $0 $18,450 270 2711 TOTAL EXPENDITURES $140,079 ($5,774) $134,305 272 273 BUDGETED POSITIONS 1.5 0 1.5 274 275 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 276 277 FUND GENERAL 01 278 DEPARTMEN FINANCE 14 279 DIVISION FINANCIAL & ADMINISTRATION 10 280 FUNCTION FINANCIAL & ADMINISTRATION 513 281 282 ADJUSTMENT AMENDED 283 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 284 NO 1998 -99 1998 -99 1998 -99 285 SALARIES & FRINGE BENEFITS 286 1110 SALARIES & WAGES - EXECUTIVE $0 $0 $0 287 1210 SALARIES & WAGES - REGULAR 226,801 12,180 238,981 2881 1310 SALARIES & WAGES - PART TIME 0 0 0 2891 1410 OVERTIME 500 250 750 290 291 TOTAL SALARIES & WAGES 227,301 12,430 239,731 292 293 2110 F. I. C. A. 18,219 120 18,339 294 2310 GROUP HEALTH INSURANCE 13,096 786 13,882 295 296 TOTAL PERSONNEL SERVICES $258,616 $13,336 $271,952 297 2981 SERVICES & SUPPLIES 2991 3450 CONTRACTUAL SERVICES $0 $3,000 $3,000 3001 4070 TRAVEL & CONFERENCE 855 (5) 850 3011 4080 EMPLOYEE EDUCATION 2,800 (300) 2,500 3021 4620 MAINTENANCE - OPERATING EQMT 6,175 (2,175) 4,000 303 5210 SUPPLIES 6,173 (173) 6,000 304 5410 MEMBERSHIPS & SUBSCRIPTIONS 1,428 272 1,700 305 306 TOTAL SERVICES & SUPPLIES $17,431 $619 $18,050 307 308 TOTAL OPERATING EXPENSES $276,047 $13,955 $290,002 309 3101 CAPITAL OUTLAY 3111 6420 EQUIPMENT OFFICE $450 $0 $450 312 6430 EQUIPMENT OPERATING 0 250 250 313 314 TOTAL CAPITAL OUTLAY $450 $0 $0 315 316 TOTAL EXPENDITURES $276,497 $13,955 $290,002 317 13181 BUDGETED POSITIONS 6 0 6 319 320 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET a A B C D E 321 322 FUND GENERAL 01 323 DEPARTMEN FINANCE 14 324 DIVISION INSURANCE 20 325 FUNCTION OTHER GENERAL GOVT. SERVICE 519 326 327 ADJUSTMENT AMENDED 328 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 329 NO 1998 -99 1998 -99 1998 -99 330 331 2410 WORKERS' COMPENSATION $170,000 $0 $170,000 332 2510 UNEMPLOYMENT COMPENSATION 20,000 (2,000) 18,000 3331 3450 CONTRACTUAL SERVICES 0 0 0 3341 4510 PROP'TY & LIABILITY INSURANCE 253,000 0 253,000 3351 4520 PUBLIC EMP. BLANKET BOND 1,500 (300) 1,200 3361 4540 BOILER & MACHINERY 2,800 (500) 2,300 3371 4591 POLICE OFFICERS A.D.D. 1,250 (98) 1,152 3381 4592 DEATH BENEFITS FOR PENSION 15,000 (7,000) 8,000 339 340 TOTAL SERVICES & SUPPLIES $463,550 ($9,898) $453,652 341 342 THIS PAGE IS PRINTED ON RECYCLED PAPER a CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C i D E 343 344 FUND GENERAL 01 345 DEPARTMEN CITY ATTORNEY 15 346 DIVISION CITY ATTORNEY 00 347 FUNCTION LEGAL COUNSEL 514 348 3491 ADJUSTMENT AMENDED 350 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 3511 NO 1998 -99 1998 -99 1998 -99 352 3531 SERVICES & SUPPLIES 3541 3120 LEGAL SERVICES - RETAINER $75,000 $0 $75,000 355 3410 LEGAL SERVICES -NON RETAINER 30,000 41,756 71,756 356 3420 CONSULTING- TELECOMMUNICATI 10,000 (6,912) 3,088 357 3435 CONSULTING -REAL PROP /FORECL 12,000 0 12,000 358 3440 CONSULTING -LABOR 10,000 0 10,000 359 3450 CONTRACTUAL SERVICES 0 1,758 1,758 360 3451 CONTRACTUAL SVCS -COURT REP o--0 0 3611 3452 CONTRACTUAL SVCS -CODE ENFC 0 0 0 362 4070 TRAVEL & CONFERENCE 1,200 0 1,200 363 5210 SUPPLIES 250 0 250 364 5410 MEMBERSHIPS & SUBSCRIPTIONS 1,100 365 366 TOTAL SERVICES & SUPPLIES $176,152 367 t$139,250 #$36,902 368 TOTAL OPERATING EXPENSES $176,152 369 370 CAPITAL OUTLAY 371 6420 EQUIPMENT OFFICE $0 $0 $0 372 373 TOTAL CAPITAL OUTLAY $0 $0 $0 374 375 TOTAL EXPENDITURES $139,250 $36,902 $176,152 376 377 BUDGETED POSITIONS 0* 0* 0* 378 379 380 * CITY ATTORNEY CURRENTLY RETAINED UNDER CONTRACT 381 382 383 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998/99 AMENDED BUDGET A B C D E 1 REVENUE /EXPENSE SUMMARY 2 3 FUND REVOLVING TRUST FUND - 105 4 1 DEPARTMENT CITY MANAGER 13 5 IDIVISION CITY MANAGER 10 6 IFUNCTION EXECUTIVE MANAGEMENT 513 7 8 ADJUSTMENT AMENDED 9 _ ACCT ACCOUNT CLASSIFICATION - ADOPTED ECOMMENDE BUDGET 10 NO - - - - -- -_ -- 1998 -99 1998 -99 - - 1999 - 2000 _- REVENUES361.200 H 12 INTEREST INCOME , $300 $0 $300 131 361.400 ' " DIVIDENDS INCOME 0 0 0 141 381.150 TRANSFER FROM FORFEITURE FUND 0 0 _ 151 BEGINNING CASH CARRYOVER _ 17,508 _ 0 _0_ 17,508 16 H 17 18 19 -- - TOTAL AVAILABLE FUNDS-- - - - - -- - - $17,808 - - - - $0 -- - - -- $17,808 20 EXPENSES - OPERATING 21 22 1310 -3152 1310 -6100 ADMINISTRATIVE FEES LAND ACQUISITION 0 0 0 0 0 0 23 24 SUB TOTAL $0 $0 $0 25 26 EXPENSES- CONSTRUCTION - PUBLIC WORKS COMPLEX 27 - 28 1710 -3151 P. W. PROFESSIONAL SERVICES 0 0 0 291 1710 -6550 P. W. BUILDING CONSTRUCTION 0 0 0 30 311 SUB TOTAL $0 $0 $0 H33 34 ITOTAL REVOLVING TRUST FUND EXPENSES $0 $0 $0 35 36 CASH CARRY OVER END OF YEAR $17,808 $0 $17,808 37 -- - 38 39 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998/99 AMENDED BUDGET A B C D E 40 41 REVENUE /EXPENSE SUMMARY 43 1 FUND SELF INSURANCE FUND 44 DEPARTMENT _ __ ATTORNEY 15 45 P DIVISION A_TTORNE_Y 46 1 FUNCTION LEGAL COUNSEL 514 48 ADJUSTMENT AMENDED_ 49 ACCT - ACCOUNT CLASSIFICATION - - - ECOMMENDE _ _ BUDGET 50 NO - - -- - - _ADOPTE_D_ 1998 -99 1998 -99 1999 -2000 51 REVENUES -- 521 361.200 INTEREST INCOME $4,000 $0 $4,000 531 369.900 INSURANCE CLAIM RECOVERY 1,000 0 1,0.0.0 541 369.920 MISCELLANEOUS - OTHERS 0 0 0 551 381.200 ` CONTRIBUTIONS FROM GENRL FUND 25,000 0 25,000 561 BEGINNING CASH CARRYOVER 109,206 10,032 119,238 57 58 TOTAL REVENUE $139,206 $10,032 $149,238 60 61 EXPENSES_ - - -- - - - - -- - - -- --- - - - - -- - q62 3100 PROFESSIONAL SERVICES $1,000 $0 $1,000 63 4680 AUTO REPAIRS 5,000 5,000 10,000 6430 OPERATING EQUIPMENT 0 0 0 H65 9925 SETTLEMENTS 10,000 0 10,000 66 67 TOTAL EXPENSES $16,000 $6,000 $21 000 68 69 CASH CARRY OVER END OF YEAR 123,206 5,032 128,238 70 71 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998/99 AMENDED BUDGET A B c D E- 72 73 74 REVENUVEXPENSE SUMMARY 751 76 77 FUND DEPARTMENT FORFEITURE FUND-STATE POLICE 608 19 78 DIVISION POLICE 10 79 80 FU_ NCTION LAW ENFORCEMENT-------------- 521 81 82 ACCT ACCOUNT CLASSIFICATION ADJUSTMENT ECOMMENDE AMENDED BUDGET 83 NO -ADOPTED 1998-99 1998-99 1999-2000 84 85 REVENUES 861 330.100 INTERGOVERNMENTAL $0 $0 $0 87 351.100 CONFISCATED REVENUE 15,000 (9,700) 6,300 88 361.200 AUCTION REVENUE 0 0 0 89 361.200 INTEREST INCOME 0 1,600 1,500 90 BEGINNING CASH CARRYOVER 26,651 19,593 46,244 911 92 TOTAL REVENUE $40,661 $11,393 ---$52,044 93 -------- 94 95 EXPENSES 96T 1210 SALARIES & WAGES-REGULAR $0 $0 $0 971 1410 SALARIES & WAGES-OVERTIME 3,500 (3,500) 0 98 2110 FICA 268 (268) 0 99 3100 PROFESSIONAL SERVICES 2,600 5,500 8,000 100 3460 CONTRACTUAL SERVICES 0 16 0 ISO 101 4070 TRAVEL & PER DIEM 1,000 (60 0) 400 1021 4080 EMPLOYEE EDUCATION 0 0 0 0 0 1031 4120 COMM.-TEL. SERVICE 0 ---------- 104 4310 UTILITIES - ELECTRIC 0 0 0 105 4400 RENTAL & LEASES 1,000 1,000 2,000 106 4680 MAINTENANCE - OUTSIDE SERVICES 0 1,500 1,600 107 4960 SPECIAL INVESTIGATIONS 6,000 (4,800) 1,200 108 6210 OPERATING SUPPLIES 1,000 800 1,800 1091 6410 MEMBERSHIPS & SUBSCRIPTIONS Soo 600 1101 6430 OPERATING EQUIPMENT 1,000 27,000,--- 2%000 ___ ill 6660 CONSTRUCTION COST 0 0 0 112 9960 MISCELLANEOUS 1,000 4,500 6,500 113 TOTAL FORFEITURE FUND EXPENSES CASH CARRY OVER END OF YEAR PRINTED ON RECYCLED PAPER 114 115 $17,268 $31,782 $49,050 ($20,389) $2,994 116 1 N17 $23,383 118 -]THIS 119 PAGE IS CITY OF SOUTH MIAMI 1998/99 AMENDED BUDGET A B C D E 120 121 REVENUE /EXPENSE SUMMARY 122 123 FUND BOND TRUST FUND - SEWERS 202 124 DEPARTMENT FINANCE -- - - - - -- - -- -- - - - -- - - FINANCE 14 - - - --.__._-------- -- - - - -- 125 DIVISION _ _ 10 126 FUNCTION FINANCE & ADMINISTRATION 513 127 128 1291 ADJUSTMENT AMENDED 1301 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 1311 NO 1998 -99 1998 -99 1999 -2000 132 133 REVENUES - - - - -- - - 134 30.100 INTERGOVERNMENTAL REVENUE $0 $0 $0 135 61.200 INTEREST INCOME 0 13,370 136 BEGINNING CASH CARRYOVER 325,237 _1_3,370_ (6,859) - -- 318,378 137 - -- - - -- -- H 139 TOTAL REVENUE $325,237 $6,511 $331,748 140 --- - - - -__ - - - - -- 141 - - 142 143 144 EXPENSES - -- - -- 145 7100 BOND PRINCIPAL $0 $0 $0 1461 7200 - - -- INTEREST EXPENSE -- - -- ------ - - - - -- - 0 0 0 147 7300 BANKING FEES - -. 0 -- - -- 0 0 _ _ 0 325,237 - -- - -- 148 9130 TRANSFER TO GENERAL FUND 325,237 149 150 TOTAL EXPENSES - 151 152 $325,237 $0 $325,237 _-- _ - - -__ ______° _- 153 154 155 CASH CARRY OVER END OF YEAR $0 $6,511 $6,511 156 THE FINAL PAYMENT ON THE 1965 AND 1967 BONDS WAS MADE IN 1997. 157 158 PRINTED ON RECYCLED PAPER. � - - -- 159 THIS PAGE IS CITY OF SOUTH MIAMI 1998/99 AMENDED BUDGET A B C D E 160 161 REVENUE /EXPENSE SUMMARY 162 STORM WATER DRAIN TRUST 163 FUND 111 1641 DEPARTMENT PUBLIC WORKS 17 165 DIVISION STREETS 30 166 FUNCTION OTHER GENERAL GOVT. SERVICES 541 167 168 169 ADJUSTMENT AMENDED 170 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 171 NO 1998 -99 1998 -99 1999 -2000 172 -_.--------_.._ - 173 REV_ ENUES -_- 174 30.100 INTERGOVERNMENTAL REVENUE $166,000 ($21,000) $145,000 1751 61.200 INTEREST INCOME 4,000 256 4,256 1761 CASH CARRY OVER BEGINNING YEAR 185,914 (22,038) 163,876 177 - - - -- 178 - -- -_ TOTAL REVENUE __- -- __- - -- $355 914 - - -- ($42,782) $313,132 179 180 181 182 EXPENSES CONTRACTUAL SERVICES TRAVEL & CONFERENCE - - -- - - - $40,000 0 $0 785 ------------------- $40,000 785 183 184 3450 4070 185 4640 MAINT & REPAIR STRS /PARKWAYS 80,000 0 (47,000) 0 0 ($46,215) 33,000 0 186 1871 6490 9990 - - CONSTRUCTION PROJECTS STREET SWEEPING TRANSFER -GEN F - -- - - - 65,000 65,000 188 TOTAL DRAIN FUND EXPENSES $185,000 --- - - - - -- $138,786 189 190 191 CASH CARRY OVER END OF YEAR PRINTED ON RECYCLED PAPER 192 $170,914 $3,433 $174,347 193 194 195 THIS PAGE IS CITY OF SOUTH MIAMI 1998/99 AMENDED BUDGET A B C D E, 216 217 218 REVENUE /EXPENSE SUMMARY 219 _. - - - - - -- 220 FUND LOCAL OPTION GAS TRST FUND -2 112 221 DEPARTMENT PUBLIC WORKS 17 222 DIVISION STREETS 30 223 FUNCTION OTHER GENERAL GOVT SERVICES 541 224 r - - - - - -- - - -- - - - -- - -- -- - -- - - - -- - - ACCOUNT CLASSIFICATION -- - - -- -- - - -- ADJUSTMENT AMENDED 2271 ACCT ADOPTED ECOMMENDE BUDGET 2281 NO ` 1998 -99 1998 -99 1999 -2000 229 -------- - - - - -- - -- 230 0 REVENUES - -- -- 231 330.100 INTERGOVERNMENTAL REVENUE _ $80,000 ($5,000) $75_,000 232 335.492 LOCAL OPTION GAS TAX 0 0 0 2331 361.200 INTEREST INCOME 2,500 70 2,570 2341 CASH CARRY OVER BEGINNING YEAR 4,258 32,528 36,786 235 TOTAL REVENUE 2361 $86,758 $27,598 $114,356 237 238 -- -- -- 240 241 EXPENSES CONTRACTUAL SERVICES MAINT & REPAIR STRS /PARKWAYS - _ - -- - -- _ ---- - - - - -- $0 $10,100 242 243 3450 4640 $10,100 76,500 (1,500) 75,000 244 6210 INFRASTRUCTURE PROJECTS - 10,000 (5,000) 5,000 - 245 246 TOTAL GAS FUND EXPENSES $86,500 $3,600 $90,100 247 --- - - - - -- ____ 248 249 CASH CARRY OVER END OF YEAR -- - THIS PAGE IS PRINTED ON RECYCLED PAPER 23,998 $24,256 $258 250 251 CITY OF SOUTH MIAMI 1998/99 AMENDED BUDGET ,: _ ., . , ,: mom. �..,.,.. A B C D E 271 272 REVENUE /EXPENSE SUMMARY 273 2741 FUND POLICE FORFEITURE- FEDERAL 615 2751 DEPARTMENT POLICE 19 276 DIVISION POLICE 10 --__.-._.------ - 277 FUNCTION LAW ENFORCEMENT 521 278 - - - -- -- - -- - - -- -- - - 279 - - -- - - -- ADJUSTMENT - - -- - - - AMENDED_ 280 ACCT ACCOUN - - -- -- - - -- T CLASSIFICATION - -- -- - _ -- ADOPTED - -- — ECOMMENDE BUDGET 281 NO ` 1998 -99 1998-99. 282 -- - - -- - - - -. 283 REVENUES - -- -- - - -- 2841 330.100 INTERGOVERNMENTAL REVENUES _ $35,000 ($_3.5_,000) $0 285 361.100 CONFISCATED REVENUE 2,500 (1,800) - -70.0_ 286 351.200 - - -- AUCTION REVENUE -- -- - - - -- - -- — 200 (200) 0 287 361.200 __ - -- - -- INTEREST INCOME - - - - -- - - 1,000 - - - -- - -- -- 3,500 --------------- - - - -- 4,500 288 CASH CARRY OVER BEGINNING YEAR 127,761 (1,275) 126,486 289 - _- -- 290 - -- -- _ TOTAL REVENUE -- $166 461 - - - -- - ($34,775) - - - -- --- - - - - -- $131,686 291 292 - -- 293 - 294 EXPENSES — -_ -- - 295 - - - -- -1410 -- OVERTIME __ -_ - - -- -- - - - - - -- -- -- -_ ..._.._-------- - -- FICA - - - -- - - _ - - -- - -- -- ($2,500) --------------- -- - -- $0 296 — _— $2,500 297 2110 -— - 191 - (_191) - __ - -0 2981 3100 -- PROFESSIONAL SERVICES -_ - -_ ___ ------- - - - - -- CONTRACTUAL SERVICES 5,000 � _ (4,000) 1,000 299 0 0 (1,000) 0 0 300 4070 TRAVEL & PER DIEM 1,000 301 4110 COMM. -TEL. SERVICE RENTAL & LEASES MAINTENANCE - OUTSIDE SERVICES 4,000 (4,000) 0 302 4400 15,000 7,000 22,000 600 1,600 100 0 303 4680 500 100 0 0 0 304 4960 SPECIAL INVESTIGATIONS OPERATING SUPPLIES 1,500 3051 5210 100 3061 UNIFORMS 307 5410 MEMBERSHIPS & SUBSCRIPTIONS OFFICE EQUIPMENT OPERATING EQUIPMENT _ MISCELLANEOUS REIMBSMNT TO REVOLVING TRST TOTAL FED FORFEITURE FUND EXPE CASH CARRY OVER END OF YEAR - -__ — PRINTED ON RECYCLED PAPER 0 0 _ _ 0 308 309 6420 6430 0 100_,628 0 (628) 0 100,000 310 9960 100 0 2 400 - -0 2,600 —0 311 9925 312 313 314 315 316 _ - 130,619 (2,819) 127,70_0 _ -____ 35,942 (31,956) 3,986 317 THIS PAGE IS ,: _ ., . , ,: mom. �..,.,.. CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B D E 384 385 FUND GENERAL 386 DEPARTMEN BUILDING 1524 387 DIVISION BUILDING 388 FUNCTION PROTECTIVE INSPECTIONS 389 3901 ADJUSTMENT AMENDED 3911 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 3921 NO 1998 -99 1998 -99 1998 -99 3931 SALARIES & FRINGE BENEFITS 3941 1110 SALARIES & WAGES - EXECUTIVE $0 $0 $0 3951 1210 SALARIES & WAGES - REGULAR 219,947 4,738 224,685 396 1410 OVERTIME 1,500 6,091 7,591 397 398 TOTAL SALARIES & WAGES $221,447 $10,829 $232,276 399 400 2110 F. I. C. A. 18,737 (968) 17,769 401 2310 GROUP HEALTH INSURANCE 14,153 849 15,002 402 403 TOTAL PERSONNEL SERVICES $254,337 $265,047 404 405 SERVICES & SUPPLIES 406 3150 CONTRACT INSPECTORS $106,600 $0 $106,600 407 3450 CONTRACTUAL SERVICES 1,222 3,051 4,273 408 4070 TRAVEL & CONFERENCE 2,000 (50) 1,950 4091 4080 EMPLOYEE - EDUCATION 3,043 (1,990)l 1,053 410 4910 LEGAL ADS(ZONING CHANGES) 0 0 0 411 5210 SUPPLIES 1,885 1,415 3,300 412 5220 UNIFORMS 690 (25) 665 413 5410 MEMBERSHIPS & SUBSCRIPTIONS 675 0 675 414 415 TOTAL SERVICES & SUPPLIES $116,115 $2,401 $118,516 416 4171 TOTAL OPERATING EXPENSES $370,452 $2,401 $383,563 418 4191 CAPITAL OUTLAY 420 6420 EQUIPMENT OFFICE $2,357 ($354) $2,003 421 6430 EQUIPMENT OPERATING 0 140 140 422 4231 TOTAL CAPITAL OUTLAY $2,357 ($214)1 $2,143 424 425 TOTAL EXPENDITURES $372,809 $2,187 $385,706 426 427 BUDGETED POSITIONS 6 0 6 428 429 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 430 431 FUND GENERAL 01 432 DEPARTMEN PLANNING 16 433 DIVISION PLANNING & ZONING 20 434 FUNCTION PROTECTIVE INSPECTIONS 524 435 4361 ADJUSTMENT AMENDED 437 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 438 NO 1998 -99 1998 -99 1998 -99 439 SALARIES & FRINGE BENEFITS 440 1110 SALARIES & WAGES - EXECUTIVE $0 $0 $0 441 1210 SALARIES & WAGES -REGULAR 180,274 66,415 246,689 442 1310 SALARIES & WAGES -PART TIME 0 0 0 4431 1410 OVERTIME 25200 (1,200) 1,000 444 4451 TOTAL SALARIES & WAGES 182,474 65,215 247,689 446 4471 2110 F. I. C. A. 14,595 4,361 18,956 4481 2310 GROUP HEALTH INSURANCE 12,499 625 13,124 449 4501 TOTAL PERSONNEL SERVICES $209,568 $70,201 $279,769 451 4521 SERVICES & SUPPLIES 4531 3100 PROFESSIONAL SERVICES $5,000 $0 $5,000 4541 3450 CONTRACTUAL SERVICES 5,688 0 5,688 4551 3480 MICROFILMING 3,325 0 3,325 4561 4070 TRAVEL & CONFERENCE 1,748 (548) 1,200 4571 4080 EMPLOYEE - EDUCATION 1,200 0 1,200 4581 4910 LEGAL ADS(ZONING CHANGES) 25,245 (245) 25,000 4591 5210 SUPPLIES 3,629 0 3,629 4601 5410 MEMBERSHIPS & SUBSCRIPTIONS 1,957 143 2,100 461 4621 TOTAL SERVICES & SUPPLIES $47,792 ($650) $47,142 463 4641 TOTAL OPERATING EXPENSES $257,360 $69,551 $326,911 465 466 CAPITAL OUTLAY 467 6420 EQUIPMENT OFFICE $0 $0 $0 468 6430 EQUIPMENT OPERATING 0 0 0 469 470 TOTAL CAPITAL OUTLAY $0 $0 $0 471 4721 TOTAL EXPENDITURES $257,360 $69,551 $326,911 473 474 BUDGETED POSITIONS 5 0 5 475 476 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 477 FUND GENERAL 01 478 DEPARTMEN PUBLIC WORKS 17 479 DIVISION SUMMARY XX 480 FUNCTION PHYSICAL ENVIRMNT /GENRL MTC XXX 481 ADJUSTMENT AMENDED 4821 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 483 NO 1998 -99 1998 -99 1998 -99 484 SALARIES & FRINGE BENEFITS 485 1110 SALARIES & WAGES -EXECUTIVE $0 $0 $0 486 1210 SALARIES & WAGES - REGULAR 855,761 54,825 910,586 487 1410 OVERTIME 46,600 2,700 49,300 488 4891 TOTAL SALARIES & WAGES $902,361 $57,525 $959,886 4901 2110 F. I. C. A. 69,559 3,769 73,328 4911 2310 GROUP HEALTH INSURANCE 63,228 3,794 67,022 492 4931 TOTAL PERSONNEL SERVICES $1,035,148 $65,088 $1,100,236 494 495 SERVICES & SUPPLIES 496 3150 ENGINEERING $1,900 ($11500) $400 497 3450 CONTRACTUAL - SECURITY 6,175 0 6,175 498 3470 INTERLOCAL AGREEMENT -RECYC 75,000 0 75,000 499 3610 REFUSE DISPOSAL FEE 458,000 62,000 520,000 500 4070 TRAVEL& CONFERENCE 1,425 0 1,425 5011 4080 EDUCATION 5,645 (750) 4,895 4110 POSTAGE 0 0 0 4310 UTILITIES - ELECTRIC 53,000 0 53,000 4320 UTILITIES -WATER 9,500 0 9,500 [507 4620 MAINT & REP. - OPERATING EQUIP 3,800 0 3,800 4625 LANDSCAPE MAINTENANCE 0 0 0 4630 MAINT & REP. -COMM. EQUIP. 0 300 300 4640 MAINT & REP: STRS & PKWAYS 3,800 1,500 5,300 5091 4650 PARKS & STREETS ELECTRICITY 80,000 500 80,500 5101 4670 MAINT & REP.- GROUNDS & STRUC 57,000 0 57,000 5111 4680 MAINT & REP.-OUTSIDE SERVICES 49,400 5,600 55,000 5121 5210 SUPPLIES 16,815 475 17,290 5131 5220 UNIFORMS 9,049 240 9,289 5141 5230 FUEL & LUB. 84,000 3,000 87,000 5151 5240 PARTS 44,000 4,000 48,000 5161 5245 TOOLS 0 0 0 5171 5250 TIRES 31,350 (4,350) 27,000 5181 5260 CHEMICALS /SUPPLIES 6,650 850 7,500 5191 5270 PERMITS 1,320 0 1,320 5201 5410 MEMBERSHIPS & SUBSCRIPTIONS 238 47 285 521 5221 TOTAL SERVICES & SUPPLIES $998,067 $71,912 $1,069,979 523 5241 TOTAL OPERATING EXPENSES $2,0333215 $137,000 $2,170,215 5251 CAPITAL OUTLAY 5251 6420 EQUIPMENT OFFICE $619 $80 $699 527 6430 EQUIPMENT OPERATING 49,754 2,277 52,031 528 529 TOTAL CAPITAL OUTLAY $50,373 $2,357 $52,730 530 531 TOTAL EXPENDITURES $2,083,588 $139,357 $2,222,945 532 15331 BUDGETED POSITIONS 28 0 28 534 ITHIS PAGE IS PRINTED ON RECYCLED PAPER 535 CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B D E E 536 537 FUND GENERAL 01 538 DEPARTMEN PUBLIC WORKS 17 539 DIVISION BUILDING MAINTENANCE 10 540 FUNCTION OTHER GENERAL GOVT. SVCS 519 541 542 ADJUSTMENT AMENDED 543 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 544 NO 1998 -99 1998 -99 1998 -99 545 SALARIES & FRINGE BENEFITS 546 1210 SALARIES & WAGES -REGULAR $100,376 $6,211 $106,587 547 1410 OVERTIME 4,000 9,000 13,000 548 549 TOTAL SALARIES & WAGES $104,376 $15,211 $119,587 550 551 2110 F. I. C. A. 7,985 1,163 9,148 5521 2310 GROUP HEALTH INSURANCE 9,788 587 10,375 553 5541 TOTAL PERSONNEL SERVICES $122,149 $16,961 $139,110 555 5561 SERVICES & SUPPLIES 5571 3450 CONTRACTUAL SERVICES $3,325 $0 $3,325 5581 4080 EDUCATION 750 0 750 5591 4310 UTILITIES- ELECTRIC 53,000 0 53,000 5601 4320 UTILITIES -WATER 9,500 0 9,500 5611 4410 LEASE PURCHASE 0 0 0 5621 4620 MAINT & REP. - OPERATING EQUIP 1,900 0 1,900 563 4670 MAINT & REP.- GROUNDS & STRUC 579000 0 57,000 564 5210 SUPPLIES 9,975 0 9,975 565 5220 UNIFORMS 1,140 240 1,380 566 567 TOTAL SERVICES & SUPPLIES $136,590 $240 $136,830 568 5691 TOTAL OPERATING EXPENSES $258,739 $17,201 $275,940 570 571 CAPITAL OUTLAY 572 6420 OFFICE EQUIPMENT $0 $80 $80 573 6430 OPERATING EQUIPMENT 0 742 742 574 9100 LOAN REPAY - REVOLVING TRUST 0 0 0 575 576 TOTAL CAPITAL OUTLAY $0 $822 $822 577 578 TOTAL EXPENDITURES $258,739 $18,023 $276,762 579 580 BUDGETED POSITIONS 4 0 4 581 582 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 583 584 FUND GENERAL 01 585 DEPARTMEN PUBLIC WORKS 17 586 DIVISION SOLID WASTE COLLECTION 20 587 FUNCTION PHYSICAL ENVIRONMENT 534 588 5891 ADJUSTMENT AMENDED 590 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 5911 NO 1998 -99 1998 -99 1998 -99 592 SALARIES & FRINGE BENEFITS 593 1210 SALARIES & WAGES - REGULAR $352,022 $6,736 $358,758 594 1410 OVERTIME 30,000 0 30,000 595 596 TOTAL SALARIES & WAGES $382,022 $6,736 $388,758 597 5981 2110 F. I. C. A. 29,224 516 29,740 5991 2310 GROUP HEALTH INSURANCE 28,374 1,702 30,076 600 6011 TOTAL PERSONNEL SERVICES $439,620 $8,954 $448,574 602 6031 SERVICES & SUPPLIES 6041 3470 INTERLOCAL AGREEMENT -RECYC $75,000 $0 $75,000 6051 4080 EDUCATION 1,350 (550) 800 6061 4110 POSTAGE 0 0 0 6071 4340 REFUSE DISPOSAL FEE 458,000 62,000 520,000 6081 5210 SUPPLIES 2,565 0 2,565 609 5220 UNIFORMS 3,919 0 3,919 610 611 TOTAL SERVICES & SUPPLIES $540,834 $61,450 $602,284 612 613 TOTAL OPERATING EXPENSES $980,454 $70,404 $1,050,858 614 6151 CAPITAL OUTLAY 6161 6430 OPERATING EQUIPMENT $26,004 $980 $26,984 617 618 TOTAL CAPITAL OUTLAY $26,004 $980 $26,984 619 620 TOTAL EXPENDITURES $1,006,458 $71,384 $1,077,842 621 622 BUDGETED POSITIONS 13 0 13 623 624 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET •,r� ,.. .��.�, �- ��a,,��- .:�,,, �:� ,_ ., .:.�� . _ � -��, ��- ,-ter;- rr�,..,- A B C D E 625 626 FUND GENERAL 01 627 DEPARTMEN PUBLIC WORKS 17 628 DIVISION STREET MAINTENANCE 30 629 FUNCTION OTHER GENERAL GOVT. SERVICE 541 630 631 ADJUSTMENT AMENDED 632 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 633 NO 1998 -99 1998 -99 1998 -99 634 SALARIES & FRINGE BENEFITS 635 1210 SALARIES & WAGES - REGULAR $103,879 $26,265 $130,144 636 1410 OVERTIME 5,000 4,800 9,800 637 6381 TOTAL SALARIES & WAGES $103,879 $26,265 $130,144 639 6401 2110 F. I. C. A. 8,472 1,484 9,956 6411 2310 GROUP HEALTH INSURANCE 6,548 393 6,941 642 6431 TOTAL PERSONNEL SERVICES $118,899 $28,142 $147,041 644 6451 SERVICES & SUPPLIES 6461 3150 ENGINEERING $1,900 ($1,500) $400 647 4080 EDUCATION 1,420 0 1,420 648 4640 MAINT & REP. -STRS & PARKWAYS 3,800 1,500 5,300 649 4650 ELECTRICITY 80,000 500 80,500 650 5210 SUPPLIES 2,850 0 2,850 651 5220 UNIFORMS 665 0 665 652 6531 TOTAL SERVICES & SUPPLIES $90,635 $500 $91,135 654 6551 TOTAL OPERATING EXPENSES $209,534 $28,642 $238,176 656 6571 CAPITAL OUTLAY 6581 6420 OFFICE EQUIPMENT $0 $0 $0 6591 6430 OPERATING EQUIPMENT 3,900 0 3,900 660 6611 TOTAL CAPITAL OUTLAY $3,900 $0 $3,900 662 663 TOTAL EXPENDITURES $213,434 $28,642 $242,076 664 = __ °____ ------- 665 BUDGETED POSITIONS 3 0 3 666 667 THIS PAGE IS PRINTED ON RECYCLED PAPER •,r� ,.. .��.�, �- ��a,,��- .:�,,, �:� ,_ ., .:.�� . _ � -��, ��- ,-ter;- rr�,..,- CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 668 669 FUND GENERAL 01 670 DEPARTMEN PUBLIC WORKS 17 671 DIVISION LANDSCAPE MAINTENANCE 50 672 FUNCTION OTHER GENERAL GOVT. SERVICE 519 673 674 ADJUSTMENT AMENDED 675 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 676 NO 1998 -99 1998 -99 1998 -99 677 SALARIES & FRINGE BENEFITS 678 1210 SALARIES & WAGES - REGULAR $0 $0 $0 679 1410 OVERTIME 0 0 0 680 681 TOTAL SALARIES & WAGES $0 $0 $0 682 683 2110 F. I. C. A. 0 0 0 684 2310 GROUP HEALTH INSURANCE 0 0 0 685 686 TOTAL PERSONNEL SERVICES $0 $0 $0 687 688 SERVICES & SUPPLIES 689 3450 CONTRACTUAL SERVICES $0 $0 $0 690 4080 EDUCATION 0 0 0 6911 4625 LANDSCAPE IMPROVEMENTS 0 0 0 6921 4670 MAINT & REP -GRDS & STRUCTURE 0 0 0 693 5210 SUPPLIES 0 0 0 694 5220 UNIFORMS 0 0 0 695 5245 TOOLS 0 0 0 696 697 TOTAL SERVICES & SUPPLIES $0 $0 $0 698 699 TOTAL OPERATING EXPENSES $0 $0 $0 700 701 CAPITAL OUTLAY 702 6430 OPERATING EQUIPMENT $0 $0 $0 703 704 TOTAL CAPITAL OUTLAY $0 $0 $0 705 706 TOTAL EXPENDITURES $0 $0 $0 707 == = = = === = ====== 708 BUDGETED POSITIONS 0 0 0 709 710 711 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 712 713 FUND GENERAL 01 714 DEPARTMEN PUBLIC WORKS 17 715 DIVISION EQUIPMENT MAINTENANCE 60 716 FUNCTION OTHER GENERAL GOVT SERVICES 519 717 718 ADJUSTMENT AMENDED 719 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 720 NO 1998 -99 1998 -99 1998 -99 721 SALARIES & FRINGE BENEFITS 722 1210 SALARIES & WAGES - REGULAR $140,394 $6,042 $146,436 723 1410 OVERTIME 5,500 0 5,500 724 725 TOTAL SALARIES & WAGES $145,894 $6,042 $151,936 726 727 2110 F. I. C. A. 11,079 544 11,623 728 2310 GROUP HEALTH INSURANCE 9,259 556 9,815 729 730 TOTAL PERSONNEL SERVICES $166,232 $7,142 $173,374 731 732 SERVICES & SUPPLIES 733 4080 EDUCATION $1,255 $0 $1,255 734 4620 MAINT & REP.-OPERATING EQUIP 1,900 0 1,900 735 4630 MAINT & REP.-COMM. EQUIP. 0 300 300 736 4680 MINT & REP. - OUTSIDE SERVICES 493400 5,600 55,000 737 5220 UNIFORMS 3,325 0 3,325 7381 5230 FUEL* LUBRICANTS 84,000 3,000 87,000 7391 5240 PARTS 44,000 4,000 48,000 7401 5245 TOOLS 0 0 0 7411 5250 TIRES 31,350 (4,350) 27,000 742 5260 CHEMICALS /SUPPLIES 6,650 850 7,500 743 744 TOTAL SERVICES & SUPPLIES $221,880 $9,400 $231,280 745 746 TOTAL OPERATING EXPENSES $388,112 $16,542 $404,654 747 7481 CAPITAL OUTLAY 7491 6420 OFFICE EQUIPMENT $0 $0 $0 750 6430 OPERATING EQUIPMENT 19,850 0 193850 751 752 TOTAL CAPITAL OUTLAY $19,850 $0 $19,850 753 754 TOTAL EXPENDITURES $407,962 $16,542 $424,504 755 = _______ ______� ------- 756 BUDGETED POSITIONS 4 0 4 757 758 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 759 760 FUND GENERAL 01 761 IDEPARTMEN PUBLIC WORKS 17 762 DIVISION OFFICE OF THE DIRECTOR 70 763 FUNCTION OTHER GENERAL GOVT. SERVICE 519 764 765 ADJUSTMENT AMENDED 766 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 767 NO 1998 -99 1998 -99 1998 -99 768 SALARIES & FRINGE BENEFITS 769 1110 SALARIES & WAGES - EXECUTIVE $0 $0 $0 770 1210 SALARIES & WAGES - REGULAR 159,090 9,571 168,661 771 1410 OVERTIME 600 200 800 772 773 TOTAL SALARIES & WAGES $159,690 $9,771 $169,461 774 7751 2110 F. I. C. A. 12,799 62 12,861 776 2310 GROUP HEALTH INSURANCE 9,259 556 9,815 777 778 TOTAL PERSONNEL SERVICES $181,748 $10,389 $192,137 779 780 SERVICES & SUPPLIES 781 3450 CONTRACTUAL SERVICES $2,850 $0 $2,850 7821 4070 TRAVEL & CONFERENCE 1,425 0 1,425 7831 4080 EDUCATION 870 (200) 670 784 5210 SUPPLIES 1,425 475 1,900 785 5270 PERMITS 1,320 0 1,320 786 5410 MEMBERSHIPS S& SUBSCRIPTIONS 238 47 285 787 788 TOTAL SERVICES & SUPPLIES $8,128 $322 $8,450 789 790 TOTAL OPERATING EXPENSES $189,876 $10,711 $200,587 791 7921 CAPITAL OUTLAY 7931 6420 OFFICE EQUIPMENT $619 $0 $619 7941 6430 OPERATING EQUIPMENT 0 555 555 795 7961 TOTAL CAPITAL OUTLAY $619 $555 $1,174 797 798 TOTAL EXPENDITURES $190,495 $11,266 $201,761 799 = _______ ________ _____ = == 800 BUDGETED POSITIONS 4 0 4 801 802 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 803 804 FUND GENERAL 01 805 DEPARTMEN OFFICE OF DEVELOPMENT 18 806 DIVISION COMMUNITY DEVELOPMENT 10 s07 FUNCTION OTHER ECONOMIC DEVELOPMENT 559 808 8091 ADJUSTMENT AMENDED 810 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 811 NO 1998 -99 1998 -99 1998 -99 812 SALARIES & FRINGE BENEFITS 813 1110 SALARIES & WAGES - EXECUTIVE $0 $0 $0 814 1210 SALARIES & WAGES - REGULAR 0 0 0 815 8161 TOTAL SALARIES & WAGES $0 $0 $0 817 81 s 2110 F.1. C. A. 0 0 0 819 2310 GROUP HEALTH INSURANCE 0 0 0 820 821 TOTAL PERSONNEL SERVICES $0 $0 $0 822 823 SERVICES & SUPPLIES 824 3450 CONTRACTUAL SERVICES $0 $0 $0 825 3455 CONTRACTUAL-SECURITY SYSTE 0 0 0 826 4070 TRAVEL & CONFERENCES 0 0 0 827 4120 TELEPHONE - REGULAR 0 0 0 828 4310 UTILITIES - ELECTRIC 0 0 0 829 4320 UTILITIES -WATER 0 0 0 830 4400 OFFICE RENTAL 0 0 0 8311 4410 COPIER LEASE 0 0 0 8321 4670 MAINT. & REPAIRS - STRUCTURES 0 0 0 8331 5210 SUPPLIES 0 0 0 834 5410 MEMBERSHIPS & SUBSCRIPTIONS 0 0 0 835 836 TOTAL SERVICES & SUPPLIES 0 0 0 837 838 TOTAL OPERATING EXPENSES $0 $0 $0 839 8401 CAPITAL OUTLAY 8411 6420 OFFICE EQUIPMENT $0 $0 $0 8421 6430 OPERATING EQUIPMENT 0 0 0 843 8441 $0 $0 $0 845 8461 TOTAL EXPENDITURES $0 $0 $0 847 8481 BUDGETED POSITIONS 0 0 0 849 85o THIS OFFICE IS BEING REPLACED BY OFFICE OF INTERGOVERNMENTAL AFFAIRS 851 852 853 THIS PAGE IS PRINTED ON RECYCLED PAPER 854 CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B D E 855 FUND GENERAL 856 DEPARTMEN PUBLIC SAFETY 857 DIVISION POLICE M521 858 FUNCTION LAW ENFORCEMENT 859 860 ACCT ADJUSTMENT AMENDED 8611 NO ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 8621 1998 -99 1998 -99 1998 -99 863 SALARIES & FRINGE BENEFITS 864 1110 SALARIES & WAGES - EXECUTIVE $0 $0 $0 865 1210 SALARIES & WAGES - REGULAR 2,787,546 (71,159) 2,716,387 866 1310 SALARIES & WAGES - PART TIME 55,670 (35,670) 20,000 867 1410 OVERTIME 300,000 8,358 308,358 858 8691 TOTAL SALARIES & WAGES $3,143,216 ($98,471) $3,044,745 870 8711 1510 SPECIAL PAY - EDUCATION INCEN. 20,000 750 20,750 8721 1520 OFF DUTY PAY 67,000 138,441 205,441 873 1530 HAZARD PAY 15,992 5,652 21,644 874 2110 F. I. C. A. 249,705 2,177 251,882 875 2310- GROUP HEALTH INSURANCE 187,759 1,266 189,025 876 877 TOTAL PERSONNEL SERVICES $3,683,672 $49,815 $3,733,487 878 8791 SERVICES & SUPPLIES 8801 3116 ANNUAL PHYSICALS & DRUG TEST $10,150 ($5,345) $4,805 881 3450 CONTRACTUAL SERVICES 78,166 (46,166) 32,000 882 3490 CRIME PREVENTION PROGRAM 8,000 (1,375) 6,625 883 4070 TRAVEL & CONFERENCE 950 1,000 1,950 884 4080 TRAINING & EDUCATION 40,800 (20,800) 20,000 885 4410 LEASE PURCHASE 4,550 0 4,550 886 4440 LEASE PURCHASE - TELEPHONE 11,160 247 11,407 8871 4450 LEASE PURCHASE - POLICE VEHICL 59,400 (4,400) 55,000 8881 4620 MAINTENANCE & REP.-EQUIP 12,000 5,000 17,000 8891 4630 MAINT & REP -COMM EQUIP 36,390 3,610 40,000 890 4670 MAINTENANCE & REP.- STRUCTUR 950 0 950 891 4940 PRISONER DETENTION 90 0 90 892 4960 SPECIAL INVESTIGATIONS 51000 2,000 7,000 893 4970 EMPLOYEE TESTING 7,500 5,000 12,500 894 5210 SUPPLIES 30,000 (4,600) 25,400 895 5220 UNIFORMS 60,000 (3,000) 57,000 8961 5410 MEMBERSHIPS & SUBSCRIPTIONS 1,900 1,100 3,000 897 8981 TOTAL SERVICES & SUPPLIES $367,006 ($67,729) $299,277 899 9001 TOTAL OPERATING EXPENSES $4,050,678 ($17,914) $4,032,764 901 902 CAPITAL OUTLAY 903 6420 OFFICE EQUIPMENT $0 $450 $450 904 6430 OPERATING EQUIPMENT 93,349 605 93,954 905 906 TOTAL CAPITAL OUTLAY $93,349 $1,055 $94,404 907 9081 TOTAL EXPENDITURES $4,144,027 ($162859) $4,127,168 909 9101 BUDGETED POSITIONS 78 0 78 911 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A I B C D E 912 913 FUND GENERAL 01 914 DEPARTMEN RECREATION 20 915 DIVISION PARKS & RECREATION XX 916 FUNCTION RECREATION ACTIVITIES XXX 917 918 ADJUSTMENT AMENDED 919 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 920 NO 1998 -99 1998 -99 1998 -99 921 SALARIES & FRINGE BENEFITS 922 1110 SALARIES & WAGES -EXECUTIVE $0 $0 $0 923 1210 SALARIES & WAGES - REGULAR 438,328 9,746 448,074 924 1310 SALARIES & WAGES -PART TIME 49,407 (7,867) 41,540 925 1410 OVERTIME 1,500 11,500 13,000 926 927 TOTAL SALARIES & WAGES $489,235 $13,379 $502,614 928 929 2110 F. 1. C. A. 39,471 (1,021) 38,450 930 2310 GROUP HEALTH INSURANCE 42,458 2,547 45,005 931 932 TOTAL PERSONNEL SERVICES $571,164 $14,905 $586,069 933 934 SERVICES & SUPPLIES 9351 3100 PROFESSIONAL SERVICES $0 $0 $0 3130 TENNIS PRO 18,000 0 18,000 3450 CONTRACTUAL SERVICES 35,780 0 35,780 4070 TRAVEL & CONFERENCE 618 2,382 3,000 r936 4080 EDUCATION 690 0 690 4350 ELECTRICITY (CITY PARKS) 30,000 1,000 31,000 4420 OUTSIDE SERVICE RENTAL 6,983 (19916) 5,067 942 4620 MAINT & REP - OPERATING EQUIP 479555 (7,336) 40,219 9431 4625 LANDSCAPE IMPROVEMENTS 75,000 (3,500) 71,500 944 4670 MAINT & REP -GRDS & STRUCTURE 10,000 5,375 15,375 9451 4690 MAINT & REP.-TENNIS FACILITY 5,653 (178) 5,475 9461 4820 FOURTH OF JULY FIREWORKS 9,548 0 9,548 947 5210 SUPPLIES 8,702 (714) 7,988 948 5220 UNIFORMS 4,742 200 4,942 949 5245 TOOLS 3,000 (3,000) 0 950 5410 MEMBERSHIPS & SUBSCRIPTIONS 7,325 (2,100) 5,225 951 5550 SCHOOL PROGRAMS 25,650 0 25,650 952 5610 BASEBALL 2,500 (2,500) 0 9531 5620 SOFTBALL 2,850 (1,220) 1,630 9541 5621 ADULT SOFTBALL LEAGUES 6,175 (1,977) 4,198 9551 5630 FOOTBALL 24,000 868 24,868 9561 5631 CHEERLEADERS 6,877 799 7,676 DANCE /MODELING 3,000 (300) 2,700 5640 BASKETBALL 2,500 (2,227) 273 5641 ADULT BASKETBALL LEAGUES 2,280 (690) 1,590 r9585635 5650 SOCCER 1,777 (677) 1,100 5660 SPECIAL YOUTH PROGRAMS 10,000 2,000 12,000 5670 SPECIAL RECREATION PROGRAM 4,000 3,000 7,000 963 5680 SENIOR CITIZENS PROGRAM 15,000 0 15,000 964 965 TOTAL SERVICES & SUPPLIES $370,205 ($12,711) $357,494 966 967 TOTAL OPERATING EXPENSES $941,369 $2,194 $943,563 968 969 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 970 971 FUND GENERAL 01 972 DEPARTMEN RECREATION 20 973 DIVISION PARKS & RECREATION XX 974 FUNCTION RECREATION ACTIVITIES XXX 975 976 ADJUSTMENT AMENDED 977 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 978 NO 1998 -99 1998 -99 1998 -99 979 980 CAPITAL OUTLAY 981 6420 OFFICE EQUIPMENT $0 $0 $0 9821 6430 OPERATING EQUIPMENT 34,822 2,550 37,372 983 9841 TOTAL CAPITAL OUTLAY $34,822 $2,550 $37,372 985 986 TOTAL EXPENDITURES $976,191 $4,744 $980,935 987 988 BUDGETED POSITIONS 20 0 20 989 990 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 991 992 993 FUND GENERAL 01 994 DEPARTMEN RECREATION 20 995 DIVISION PARKS & RECREATION 00 996 FUNCTION RECREATION ACTIVITIES 572 997 9981 ADJUSTMENT AMENDED 999 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET loon NO 7998 -99 1998 -99 1998 -99 1001 SALARIES &FRINGE BENEFITS 1002 1110 SALARIES & WAGES -EXECUTIVE $0 $0 $0 1003 1210 SALARIES & WAGES - REGULAR 299,154 27,146 326,300 1004 1310 SALARIES & WAGES - PART TIME 49,407 (7,867) 41,540 1005 1410 OVERTIME 0 8,000 8,000 1006 1007 TOTAL SALARIES & WAGES $348,561 $27,279 $375,840 1008 1009 2110 F.1. C. A. 28,343 409 28,752 1010 2310 GROUP HEALTH INSURANCE 28,834 1,730 30,564 1011 10121 TOTAL PERSONNEL SERVICES $405,738 $29,418 $435,156 1013 10141 SERVICES & SUPPLIES 10151 3100 PROFESSIONAL SERVICES $0 $0 $0 1016 3130 TENNIS PRO 18,000 0 18,000 1017 3450 CONTRACTUAL SERVICES 7,280 0 7,280 1018 4070 TRAVEL & CONFERENCE 618 2,382 3,000 1019 4350 ELECTRICITY (CITY PARKS) 30,000 1,000 31,000 1020 4420 OUTSIDE SERVICE RENTAL 6,983 (1,916) 5,067 1021 4620 MAINT & REP - OPERATING EQUIP 47,555 (7,336) 40,219 1022 4690 MAINT & REP.- TENNIS FACILITY 5,653 (178) 5,475 1023 4820 FOURTH OF JULY FIREWORKS 9,548 0 9,548 10241 5210 SUPPLIES 3,002 (714) 2,288 10251 5220 UNIFORMS 2,375 200 2,575 10261 5410 MEMBERSHIPS & SUBSCRIPTIONS 7,325 (2,100) 5,225 1027 5550 SCHOOL PROGRAMS 25,650 0 25,650 1028 5610 BASEBALL 2,500 (2,500) 0 1029 5620 SOFTBALL 2,850 (1,220) 1,630 1030 5621 ADULT SOFTBALL LEAGUES 6,175 (1,977) 4,198 1031 5630 FOOTBALL 24,000 868 24,868 1032 5631 CHEERLEADERS 6,877 799 7,676 10331 5635 DANCE /MODELING 3,000 (300) 2,700 10341 5640 BASKETBALL 2,500 (2,227) 273 10351 5641 ADULT BASKETBALL LEAGUES 2,280 (690) 1,590 5650 SOCCER 1,777 (677) 1,100 5660 SPECIAL YOUTH PROGRAMS 10,000 2,000 12,000 5670 SPECIAL RECREATION PROGRAM 4,000 3,000 7,000 5680 SENIOR CITIZENS PROGRAM 15,000 0 15,000 [10361 TOTAL SERVICES & SUPPLIES $244,948 ($11,586) $233,362 TOTAL OPERATING EXPENSES $650,686 $17,832 $668,518 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET i A B C D E 1046 1047 FUND GENERAL 01 1048 DEPARTMEN RECREATION 20 1049 DIVISION PARKS & RECREATION 00 1050 FUNCTION RECREATION ACTIVITIES 572 1051 10521 ADJUSTMENT AMENDED 10531 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 10541 NO 1998 -99 1998 -99 1998 -99 1055 10561 CAPITAL OUTLAY 10571 6420 OFFICE EQUIPMENT $0 $0 $0 10581 6430 OPERATING EQUIPMENT 0 2,550 2,550 1059 10601 TOTAL CAPITAL OUTLAY $0 $2,550 $2,550 1061 1062 TOTAL EXPENDITURES $650,686 $20,382 $671,068 1063 1064 BUDGETED POSITIONS 14 0 14 1065 1066 THIS PAGE IS PRINTED ON RECYCLED PAPER i CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 1067 1068 FUND GENERAL 01 1069 DEPARTMEN RECREATION 20 1070 DIVISION LANDSCAPE MAINTENANCE 50 1071 FUNCTION OTHER GENERAL GOVT. SERVICE 519 1072 1073 ADJUSTMENT AMENDED 1074 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 1075 NO 1998 -99 1998 -99 1998 -99 1076 SALARIES & FRINGE BENEFITS 1077 1210 SALARIES & WAGES - REGULAR $139,174 ($17,400) $121,774 1078 1410 OVERTIME 1,500 3,500 1079 1080 TOTAL SALARIES & WAGES $140,674 ($13,900) 114',,4441 1081 1082 2110 F. 1. C. A. 11,128 (1,430) 1083 2310 GROUP HEALTH INSURANCE 13,624 817 1084 1085 TOTAL PERSONNEL SERVICES $165,426 ($14,513) $150,913 1086 1087 SERVICES & SUPPLIES 1088 3450 CONTRACTUAL SERVICES $28,500 $0 $28,500 1089 4080 EDUCATION 690 0 690 1090 4625 LANDSCAPE IMPROVEMENTS 75,000 (3,500) 71,500 logil 4670 MAINT & REP -GRDS & STRUCTURE 10,000 5,375 15,375 1092 5210 SUPPLIES 5,700 0 5,700 1093 5220 UNIFORMS 2,367 0 2,367 1094 5245 TOOLS 3,000 (3,000) 0 1095 1096 TOTAL SERVICES & SUPPLIES $125,257 ($1,125) $124,132 1097 10981 TOTAL OPERATING EXPENSES $290,683 ($15,638) $275,045 1099 11001 CAPITAL OUTLAY 11011 6430 OPERATING EQUIPMENT $34,822 $0 $34,822 1102 1103 TOTAL CAPITAL OUTLAY $34,822 $0 $34,822 1104 1105 TOTAL EXPENDITURES $325,505 ($15,638) $309,867 1106 1107 BUDGETED POSITIONS 6 0 6 1108 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET A B C D E 1109 1110 FUND GENERAL 01 1111 DEPARTMEN NON - DEPARTMENTAL EXPENSES 21 1112 DIVISION NON - DEPARTMENTAL EXPENSES 00 1113 FUNCTION OTHER GENERAL GOVT SERVICES 519 1114 1115 ADJUSTMENT AMENDED 1116 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 1117 NO 1998 -99 1998 -99 1998 -99 1118 SALARIES & FRINGE BENEFITS 1119 1210 SALARIES & WAGES - REGULAR $43,081 ($2,038) $41,043 1120 1410 OVERTIME 0 0 0 1121 11221 TOTAL SALARIES & WAGES $43,081 ($2,038) $41,043 1123 11241 2110 F.I.C.A. 3,570 (430) 3,140 11251 2210 PENSION PLAN CONTRIBUTIONS 217,586 0 217,586 1126 2220 DEFERRED COMPENSATION CONT 20,000 0 20,000 1127 2310 GROUP HEALTH INSURANCE 2,312 139 2,451 1128 1129 TOTAL PERSONNEL SERVICES $286,549 ($2,329) $284,220 1130 1131 SERVICES & SUPPLIES 11321 3140 PENSION PLAN - CONSULTANTS $14,000 ($6,000) $8,000 1133 3160 PRE - EMPLOYMENT PHYSICALS 2,500 500 3,000 1134 3450 CONTRACTUAL SERVICES 0 4,000 4,000 1135 3455 CHARTERICODE REVIEW SUPPOR 10,000 (5,000) 5,000 1136 4070 TRAVEL & CONFERENCE 950 (150) 800 1137 4080 EMPLOYEE EDUCATION 2,000 (1,000) 1,000 1138 4120 COMMUNICATIONS - TELEPHONE S 38,000 2,000 40,000 1139 4425 LEASE PURCHASE - POLICE 800 MH 0 0 0 1140 4430 LEASE PURCHASE - PRINTER 4,015 (4) 4,011 1141 4440 LEASE PURCHASE - TELEPHONE 6,060 440 6,500 1142 4445 LEASE PURCHASE -AS 400 0 0 0 1143 4630 MAINTENANCE & REP -COMM EQPT 3,000 0 3,000 1144 4632 MAINTENANCE & REP - INTERNET S 0 0 0 1145 4633 MAINTNCE- COMPUTER NETWORK 15,000 (3,000) 12,000 11461 4635 MAINT P. C. EQUIPMENT 10,000 (10,000) 0 1147 4850 ADVERTISING - NON LEGAL 12,000 6,000 18,000 1148 5210 SUPPLIES 0 2,000 2,000 1149 5550 AFTER SCHOOL PROGRAM 0 0 0 1150 5590 LONG RANGE PLANNING 30,000 (30,000) 0 1151 8310 SEED FUNDS 25,000 (5,000) 20,000 1152 9210 CONTRIBUTION TO INS. FUND 25,000 0 25,000 11531 9230 CONTRIBUTN TO S MARTIN TRUST 2,500 0 2,500 11541 CONTRIBUTION- SPECIAL EVENTS 0 0 0 1155 9920 GENERAL CONTINGENCY 341,093 (241,093) 100,000 1156 9925 FUCHS PRK GRANT MATCHNG FND 0 0 0 1157 9930 64TH AVE PARK LOAN REPAYMEN 35,000 0 35,000 1158 9935 COMP NETWORK LOAN REPAYT 60,000 3,113 63,113 1159 9950 RESERVE FOR REENCUMBRANCE 15,000 (5,000) 10,000 1160 11611 TOTAL SERVICES & SUPPLIES $6513118 ($288,194) $362,924 1162 1163 TOTAL OPERATING EXPENSES $937,667 ($290,523) $647,144 1164 1165 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1998 -99 AMENDED BUDGET i A B C D i E 1166 1167 FUND GENERAL 01 1168 DEPARTMEN NON - DEPARTMENTAL EXPENSES 21 1169 DIVISION NON- DEPARTMENTAL EXPENSES 00 1170 FUNCTION OTHER GENERAL GOVT SERVICES 519 1171 1172 ADJUSTMENT AMENDED 11731 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE BUDGET 1174 NO 1998 -99 1998 -99 1998 -99 1175 1176 CAPITAL OUTLAY 1177 6420 OFFICE EQUIPMENT $0 $0 $0 11781 6430 OPERATING EQUIPMENT 43,756 0 43,756 1179 6435 ACQUISTN OF PARKNG METERS 100,000 0 100,000 1180 6440 CAPITAL IMPROVEMENTS 0 0 0 1181 1182 $143,756 $0 $143,756 1183 1184 TOTAL EXPENDITURES $1,081,423 ($290,523) $790,900 1185 ---- ---� ---- --= _____=__ 1186 BUDGETED POSITIONS 1 0 1 i CITY OF SOUTH MIAMI CITY MANAGER'S OFFICE TO: Mayor and City Commission DATE: 7/3/99 t 0 AGEN DA ITEM # FROM: Charles D. Scurf 64,00'� RE: Occupational License Taxes City Manager REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AMENDMENT OF SECTION 13- 24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: During 1993 the Florida Legislature enacted Chapter 93 -180, Laws of Florida, enabling local governments to reclassify businesses, professions and occupations and to establish new rate structures for Occupational License Taxes. Pursuant to Chapter 93 -180, the City Commission appointed several representatives of the local business community and established an Equity Study Commission. On September 19, 1995 the Commission adopted an ordinance including a new "SCHEDULE OF LICENSE TAXES" consistent with the recommendations of the Equity Study Commission. Chapter 205 of the Florida Statutes allows municipalities to increase the Occupational License tax rates every other year after adoption of tax rates recommended by the Equity Study Commission. The City has experienced increased costs in the administration and collection of occupational licenses. The City did not take advantage of the potential to increase the fees in the 1997 cycle. It is recommended that the City increase the fees by 5% across the board. This will not result in any undue hardship. The average fee of $225.100 for instance, would only increase to $235.25. 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 19,1995 the City Commission of the City of South Miami adopted Ordinance No. 14 -95 -1587 including a "SCHEDULE OF LICENSE TAXES" regulating the classification of businesses, professions and occupations and establishing rate structures for Occupational License Taxes; and, WHEREAS, Chapter 205 of the Florida Statutes provides that municipalities and counties may, every other year, increase by ordinance the rates of local occupational license taxes by up to 5 percent; and, WHEREAS, the City did not increase Occupational Licenses Taxes during 1997; and, WHEREAS, The Mayor and City Commission desire to amend the "SCHEDULE OF LICENSE TAXES" by increasing all occupational license tax rates by 5 (five) percent. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Article I, Chapter 13, Section 13 -24 of the City's Code of Ordinances is amended by increasing all rates included in the "SCHEDULE OF LICENSE TAXES" by 5 (five) percent as indicated in the amended "SCHEDULE OF LICENSE TAXES" attached to this ordinance. Section 2. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Additions shown by underlining and deletions shown by everstFiking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect on October 1St° 1999. PASSED AND ADOPTED this day of '1999. ATTEST: CITY CLERK 1st Reading — 2nd Reading — CITY ATTORNEY ... • COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ever-striking. SCHEDULE OF LICENSE TAXES ., Individual uses are listed in the "Permitted Use Schedule ", ct9-�� `�� " included 1 ---- in the Land Development Code. 1. RESIDENTIAL USES (Apartments only) 100 Up to 5 units $ 78.75 101 6 to 50 units $9 136.50 102 51 to 100 units $288 210.00 103 101 to 200 units $259 $262.50 104 201 or more units $389 $315.. 00 2. PUBLIC AND INSTITUTIONAL USES 201 Up to 1,000 sq. ft. 105.00 202 1,001 to 3,000 sq. ft. $157.50 203 3,001 to 10,000 sq. ft. $289 210.00 204 10,001 sq. ft. and over $249 1252.00 3. BUSINESS AND PROFESSIONAL SERVICES 301 Sole proprietor $9 136.50 302 2 to 9 employees $289 210.00 303 10 to 24 employees $273 $288.75 304 25 or more employees $3-59 $367. 50 4. RETAIL AND WHOLESALE TRADE 401 Up to 1,000 sq. ft. $138 136.50 402 1,001 to 2,000 sq. ft. $210. 00 403 2,001 to 5,000 sq. ft. $3-59 $367.5 0 404 5,001 to 15,000 sq. ft. $388 $525. 00 405 15,000 sq. ft. and over $750 $787.50 5. TRANSPORTATION, WAREHOUSING & COMMUNICATIONS 501 Minimum rate $288 210.00 502 10 to 25 employees $236.25 503 26 or more employees $262. 50 504 7,500 to 20,000 sq. ft., an additional $25 $26. 25 505 20,001 sq. ft. and over, an additional $59 $52.50 6. MANUFACTURING & INTENSIVE USES 601 Minimum rate $225 $236.2 602 7,500 to 15,000 sq. ft. $2-58 262.50 603 15,001 to 25,000 sq. ft. $5 288.75 604 25,001 sq. fl. and over $389 $315.00 7. COIN OPERATED MACHINES 700 Each machine $38 31.50 1 2 3 City of South Miami, Florida 4 Regular City Commission Minutes 5 June 1, 1999 6 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 CALL TO ORDER DRAFT The City Commission of the City of South Miami, Florida met in regular session on Tuesday, June 1, 1999 beginning at 7:32 p.m., in the City Commission Chambers, 6130 Sunset Drive. The following members of the City Commission were present. Mayor Julio Robaina, Vice Mayor Armando Oliveros, Jr., Commissioners David D. Bethel, Mary Scott Russell and Horace G. Feliu. Also in attendance were City Manager Charles D. Scurr, Assistant City Manager Diana Morris, Captain Michael Mills, City Attorney Earl G. Gallop and City Clerk Ronetta Taylor. A. Invocation: Commissioner Feliu delivered the Invocation. B. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. C. Presentation(s): Chief Watson appeared before the City Commission to introduce the newest personnel members to the South Miami Police Department. 1) Officer Agustin Castro who was a 13 year veteran of the Miami Dade County Corrections Department. Officer Castro was also a reserve police officer with the Sweetwater Police Department; 2) Officer Henry Guzman who was an 11 year veteran of the Miami Dade Corrections Department; 3) Officer Vernon Fawyer who was a 9 year veteran of the Monroe County Police Department; and 4) civilian Communication Officers Nina Bermar, and Mary Mendoza. Mayor Robaina welcomed the new additions to the South Miami Police Department. Manager Scurr introduced Mr. Gramaf Reyes an AS400 Computer Expert who will be working with Mr. Oshikoya in the City's Finance Department. Mayor Robaina welcomed Mr. Reyes to the City of South Miami, Florida. REGULAR CITY COMMISSION 1 MINUTES - June 1, 1999 1 Officer Guzman vocalized the National Anthem for the City 2 Commission and listening audience. He received a standing 3 ovation and accolades for this performance. 4 5 Rachlin Cohen & Holtz LLP - City's Annual Audit Report 1998 6 7 Manager Scurr affirmed that the City's independent auditing 8 firm had completed the City's Annual Comprehensive Audit Report 9 for Fiscal Year 1998. 10 11 Mr. Jerry Chioca, Director of the public sector with the 12 firm of Rachlin Cohen & Holtz appeared before the City Commission 13 and provided a brief overview of the City's Annual Comprehensive 14 Audit Report. He said the City's total assets have increased 15 from 1997 to 1998 by approximately 1.5 Million Dollars. That 16 increase is a primary result of fare investments and investments 17 that are a part of the City's Pension Fund. He related that 18 liabilities only increased by $500,000, which results in a 1 19 Million- dollar net increase in equity. He touched on the General 20 Fund - Budget and Actual (Budgetary Basis) and the Proprietary 21 Fund Type - Internal Service Fund. He referenced the Management 22 Letter in Accordance with the Rules of the Auditor General of the 23 State of Florida and indicated that the City, during fiscal year 24 1998, was not in a state of financial emergency. The City had no 25 deficit fund balances for two consecutive years. During the 26 course of the audit, nothing came to the Auditors' attention that 27 caused them to believe that the City; was in violation of any 28 laws, rules or regulations; made any illegal or improper 29 expenditures and had improper or inadequate accounting 30 procedures. 31 32 Mr. Chioca addressed "Current Comments and Recommendation" 33 section of the Annual Comprehensive Audit Report for 1998. He 34 pointed out that the books and records of the City were not 35 closed on a timely basis. This should be done within 90 days of 36 fiscal year ending. This issue was discussed with the City 37 Manager and the City's Finance Director. The conditions noted 38 were due to the fact that a certain member of the accounting 39 department was on leave of absence to prepare for the CPA exam. 40 Administration agreed to bring this item current. 41 42 Mr. Chioca indicated that the Y2K Compliance was also an 43 issue. He related that during the course of the audit, they 44 noted that the City has several individuals that perform and 45 maintain records regarding the human resources /personnel 46 function. He said due to the size of the City, the City should 47 have one individual that can perform all of the human resource 48 duties and maintain all the records in one location. He related 49 that Manager Scurr agreed that this was a good idea and would be REGULAR CITY COMMISSION 2 MINUTES - June 1, 1999 1 implemented this fiscal year. He voiced his appreciation of the 2 City Manager and Finance Department's assistance in this regard. 3 4 Manager Scurr commended this auditing firm and related that 5 they'd done a very thorough and professional job. 6 7 There was no further discussion for the City Manager this 8 report was concluded. 9 10 ITEMS FOR THE COMMISSION'S CONSIDERATION 11 12 1. Approval of Minutes 13 Regular City Commission Minutes - May 18, 1999 14 15 For commentary purposes it was moved by Commissioner 16 Russell, seconded by Commissioner Feliu to ask the City Clerk to 17 review the tape and make appropriate amendment to page 9 under 18 Commissioner Russell's statement. 19 20 There being no further discussion on the amendment to the 21 minutes, the motion passed by a 5 -0 vote. 22 23 Commissioner Russell: Yea 24 Vice Mayor Oliveros: Yea 25 Commissioner Bethel: Yea 26 Commissioner Feliu: Yea 27 Mayor Robaina: Yea 28 29 There being no further discussion, the motion to approve the 30 minutes with the amendment passed by a 5 -0 vote. 31 32 Commissioner Bethel: Yea 33 Commissioner Feliu: Yea 34 Vice Mayor Oliveros: Yea 35 Commissioner Russell: Yea 36 Mayor Robaina: Yea 37 38 2. City Manager's Report: 39 40 Manager Scurr announced that it is June 1st the start of 41 Hurricane season. He then invited Captain Mills to come forward 42 to provide an update on Hurricane preparedness. 43 44 Captain Mills detailed what he's been doing for the past six 45 months in preparation for this year's hurricane season through 46 the Emergency Management process with Miami Dade County. He 47 related that the City had purchased two Tahoe vehicles and two 48 Vans for the purpose of being able to get around during potential 49 flooding. All city departments are in the process of reviewing 50 and updating their department preparedness plan and emergency REGULAR CITY COMMISSION 3 MINUTES - June 1, 1999 1 contact list. He voiced that citizens from possible evacuation 2 zones should be preparing as well in case of a category 4 or 5 3 hurricane. He determined that now is the time for individuals to 4 trim their trees, stock up on hurricane supplies (e.g. water, 5 batteries and non - perishable food items). He communicated that 6 people with special needs should be pre- registering with People 7 For Special Needs Register at Miami -Dade County. 8 9 Captain Mills said that held like to get the CERT [Citizen 10 Emergency Response Team] program started for this year. Last 11 year was the first time this program was offered to the 12 residents. 13 14 Manager Scurr related that he'd received a call earlier in 15 the day from the Community Relations Board. This Board would 16 like to go through the CERT training process. 17 18 Captain Mills provided his telephone number for those 19 persons interested in the CERT program training. 20 21 Manager Scurr communicated that the Governor did exercise 22 his veto power on the City's legislative funding package. The 23 City's $240,000 appropriation for stormwater drainage survived. 24 This would enable the City during this next year to greatly 25 accelerate the amount of drainage work, and street re- paving. The 26 Governor vetoed two of the City's projects, the $50,000.00 master 27 plan for Dante Fascell Park and Palmer Field, and $275,000.00 for 28 computers for the police department and After SchoolHouse. He 29 said the city is seeking alternative funding sources for both of 30 those programs. 31 32 Manager Scurr mentioned that discussion has come up from 33 time to time about the School Board and a rental payment for 34 South Miami field. The School Board has been continuously paying 35 the City an annual payment for the rental of South Miami Field. 36 This past year that amount was $14,400.00. 37 38 Mayor Robaina remarked that he's heard that the School Board 39 had not paid the City for a 10 -year period. 40 41 Mr. Oshikoya, the City's Finance Director related that this 42 wasn't true. The School Board has been paying the city each year. 43 44 Manager Scurr related that there is a line item [South Miami 45 Field rental] in the City's budget for this revenue. 46 47 Manager Scurr gave a special note of thanks to the police 48 department, Captain Feldman and Chief Watson for their 49 cooperation and police presence during the Ricky Martin event. He 50 related that the City is handling an enormous amount of people REGULAR CITY COMMISSION 4 MINUTES - June 1, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 with very little traffic and parking impact and virtually no incidents from a criminal nature. Manager Scurr reported on Y2K administration had met with the State of Office. He said administration would funding to assist with this project. however slow. Some modifications ar( computer. and indicated that Florida UK's Compliance be pursuing some state Progress is being made needed to the AS400 Manager Scurr referenced the new Code Enforcement Ordinance an item on tonight's agenda for first reading. He thanked Attorney Gallop for his hard work on this item. A special Code Enforcement meeting has been scheduled for this coming Thursday to go through the document for their input. He invited the Community to come out and participate in both the Code Enforcement meeting and the City's Public Hearing scheduled June 8th. Manager Scurr announced that Summer Events Starts Here, a cooperative effort of the City of South Miami and the Red /Sunset Merchants Association would be kicking off this weekend. He further announced to kick off the Gumbay Festival the Royal Bahamian Band would be at the Shops At Sunset Place on June 4th. Manager Scurr mentioned that negotiations with SPG Phase One has recommenced with some progress being made. However, there are some unresolved issues, which would be brought to the City Commission for a final decision. He related that the lease of City property does require a public hearing and a 4/5 vote of the City Commission. Manager Scurr reported that administration has been working with the Shops At Sunset Place on a number of issues in the construction and building arena. A series of letters had been sent to them regarding hurricane compliance. A major meeting was held late Friday night with representatives. Administration was facing the unfortunate potential of having to close down parts of the SHOPS that had not reached compliance. As of late this afternoon they are achieving compliance. Assistant City Manager /CRA Director Diana Morris appeared before the City Commission and related that on May 19th staff had had a very productive meeting with the Miami -Dade County TIF Committee to review the Interlocal Agreement. She said the one issue that both sides were steadfast about was the consideration of all revenues for approval by Miami -Dade County Commission. She related that she'd spoken with a representative from OCED who'd indicated that this Interlocal agreement would be placed on the July 13th County Commission Agenda. REGULAR CITY COMMISSION 5 MINUTES - June 1, 1999 1 2 Manager Scurr related that the timing was critical because 3 the increment district needed to be set up before the final taxes 4 are approved on September 30th. 5 6 Manager Scurr said staff had spoken with the tax assessor as 7 late as today and was informed that they've still not reached an 8 evaluation on the SHOPS. 9 10 Manager Scurr communicated that he'd been here just over a 11 year and when he came to the City discussion was held about 12 implementing the concept of excellence. He said in a number of 13 departments this has been achieved. However, there are a number 14 of other areas where he's not been satisfied with the progress 15 being made. He indicated that a number of organizational changes 16 were needed. 17 18 Manager Scurr recounted prior events leading up to the 19 terminating clause in Don Delaney the City's CRA Consultant 20 existing contract. A revision of that contract is on tonight's 21 agenda. The city is in the process of now shifting more to an 22 advising capacity and less of a doing capacity. Fifty percent of 23 the current level of activity is being considered for now until 24 the end of the year. If the city did not continue with the 71St 25 Street project that level of participation could be reduced. 26 Administration thinks there are a number of critical issues (e.g. 27 putting together a budget for next year, continuing with the 28 Interlocal Agreement) to be addressed. 29 30 Manager Scurr advised the Commission members that Ms. Morris 31 needed to be shifted full time to the CRA as well as having 32 support staff to make the office work. There are constraints with 33 Miami -Dade County and a 100 limit on administration. He said 34 part of the way the City is going to help handle that is that the 35 administrative cost can be charged to the non -CRA Funds. He said 36 if Miami -Dade County retained control over non -TIF funds, 37 administration would maintain those funds in City accounts and 38 will not set up a separate CRA non -TIF Revenue fund. By doing 39 this 15 -20o could be used for administration. He related that 40 support to make the office function needed to be put into place. 41 He said when the CRA budget process is implemented there will be 42 a list of projects for consideration. The CRA will need some 43 consulting for some of those projects. The CRA will need to 44 target its use of the consultant for specific projects. The CRA 45 at the same time need to put in place the administrative support 46 staff and emphasized the importance of having a full functioning 47 office by next year. He said there may be a need for some 48 community relations activities with the possibility of bringing 49 in some people who are based in the neighborhood perhaps on a one 50 or two day a week basis. REGULAR CITY COMMISSION 6 MINUTES - June 1, 1999 x P, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Manager Scurr said there is a critical mission in the Planning department. This department was been stagnated by the fact that it has never been able to get up to full staffing. He said that Slaven Kobola would be transitioned back into the Planning Department as a Senior Planner. Mr. Kobola would be a senior planner and would focus on Master planning issues. An advertisement would be placed for a junior planning. When both of those slots are filled the City will be in a position where it can not only do the day to day board requirements (e.g. Historic Preservation, Environmental Review & Preservation, Planning Board) administration's time will also be freed up so that it can focused on redoing some of the Plans. Manager Scurr said there is clearly a critical mission in the police area. He said the organizational management of the police department needed to be re- aligned. A full report on this issue would be provided at the next City Commission meeting. He said the police department currently has a variety of functions being performed by a variety of people. He related that there is not a person in the police department responsible for getting law enforcement grants. He said the right level of administrative and support services needed to be provided. Manager Scurr related that he's been disappointed in the computer area and didn't feel that the City was achieving Excellency. He voiced his belief that shifting Mr. Kobola up to the Planning Department with him focusing on GIS and bringing in Gremaf Reyes, an AS400 Expert is going to help the City with that. The computer function would be reporting to the finance department. Manager Scurr shared that he was somewhat surprised when he first came here to discover that the City did not have a personnel function, a human resource office or a personnel officer. He informed the Commission members that Mr. Dayton Cramer; the City's long -time pension administrator retired last month. This vacancy has created an opportunity to increase the retainer that was paid to Mr. Cramer by a couple hundred dollars to bring in a part -time human resource person. Manager Scurr divulged that the City was going through a renaissance in building and construction in its own city projects. This past year funding in the amount of $120,000.00 was approved from the State for stormwater drainage. This current year with the Commission's assistance the City was able to secure $340,000.00. This gives the City a half million dollars in public works construction projects that the City want to implement. Under the City's current administration David Goodin, a very capable individual in the public works department does a REGULAR CITY COMMISSION 7 MINUTES - June 1, 1999 1 lot of the design. However, he is not a professional engineer. 2 The City has to go out and obtain professional engineers to 3 review and certify those plans because the City's engineer cannot 4 certify a project that it is inspecting. He related that over 5 the past year the City has spent over $100,000.00 in fees hiring 6 people to review the construction work for Sunset Drive 7 improvements. It cost between $2,000 to $4,000 just to get an 8 engineer stamp on the playground at Fuchs Park. He related that 9 he wanted to upgrade David Goodin's position from Engineer Tech 10 classification to a Project Assistant type classification and 11 make it a salary rather than an hourly position. He divulged 12 that they have been going through the interviewing process and 13 discovered a semi- retired civil engineer that can be retained on 14 an hourly basis [10 -15 hours per week]. 15 16 Manager Scurr listed the various park and street projects 17 presently under way in the City. He stated that every one of 18 those projects comes with very detailed contractual requirements. 19 Most cities have contract compliance officers. This individual 20 becomes an expert in Community Development, Block Grant Funding 21 and Safe Neighborhood funding requirements. This responsibility 22 was split in several departments. There was nobody that was an 23 expert. This past year administration set up a Construction 24 Management Division with Orlando Martinez, which has worked very 25 well. He said the City needs somebody who has the bottom line 26 responsibility for getting the project done on time and within 27 budget. This responsibility is being assigned to Subrata Basu 28 the City's Assistant City Manager. 29 30 Manager Scurr said the city also needed to bring in a 31 contract compliance officer in order to be fully compliant with 32 all of the Safe Neighborhood Parks requirements. 33 34 Manager Scurr related that landscaping is one of the areas 35 where the City has a tremendous initiative going on citywide. He 36 said that he's been dissatisfied with the pace and the quality of 37 what is being done. The City is not achieving Excellency in that 38 area. He advised the Commission members that he was proposing to 39 shift the landscape division from public works to the Parks & 40 Recreation department under the supervision of Doug Baker. 41 42 Manager Scurr reported that administration was continuing to 43 do the phase out of the DJJ program. Work is being done with the 44 employees. The city has some potential employment opportunities 45 through the CRA, police and planning departments. 46 47 Manager Scurr said that he is very serious about the concept 48 of excellency and would need to make organizational changes when 49 necessary. 50 REGULAR CITY COMMISSION 8 MINUTES - June 1, 1999 1 Commissioner Bethel shared that he'd started a "sparkle 2 tour" of all the parks in South Miami. A list was made of the 3 things that need to be addressed. He said one of the primary 4 concerns from residents in the Dante Fascell Park area was about 5 the filthy restrooms. He related that they found out that there 6 were recreational personnel out of uniform. 7 8 Commissioner Feliu asked Manager Scurr to provide an update 9 on the Multi- Purpose Center. 10 11 Manager Scurr related that staff had met with Mr. Tony Crap 12 on last week. He said that he'd just received the amended 13 contract. From a technical standpoint the City had sent a letter 14 to Mr. Crap whereby the Construction Company agreed to abide by 15 the Davis Bacon Wage Rate provision. OCED decided that they 16 wanted that in contract addendum form. The City is waiting for 17 OCED to provide the standard form this should be done on. 18 19 Mayor Robaina shared that from his discussions with Mayor 20 Penelas this is a legal requirement. He commended Mayor Penelas 21 for staying on top of this situation on the City's behalf. 22 23 Commissioner Feliu shared that he'd spoken with individuals 24 from Habitat For Humanities and asked if there was anyway the 25 City could waive permits and fast track the process so that they 26 can continue to build quickly. He related that they seem to be 27 slowed down in a lot of ways. 28 29 Manager Scurr said that he was not aware that the City was 30 slowing Habitat down. He said one of the issues that are taking 31 a substantial amount of time is the release of the lien on the 32 Marshall Williamson property. 33 34 Commissioner Russell congratulated Manager Scurr for a 35 wonderful first year with the City. She further complemented 36 Manager Scurr and Hakeem Oshikoya for what they'd accomplished 37 for the city which was evident in that audit report. She said 38 that's phenomenal and extremely positive. 39 40 Commissioner Russell stated that public works has done a 41 great job cleaning up the Open Space Park however, it doesn't 42 always gets the recognition that it deserves. 43 44 Commissioner Russell shared that she had a concern about the 45 Rum Bum development that would be discussed at the next City 46 Commission meeting. She related that the residents in the 47 neighborhood don't feel that they have had ample time to 48 understand the magnitude of the project. Perceptionally it is 49 not clear to everybody. She related that the Commission is going 50 to have two or three days to review all of the information that REGULAR CITY COMMISSION 9 MINUTES - June 1, 1999 .. _, r-n, �` -, 1 is coming to them. She said there is so much missing and the 2 little information that she'd been able to gather are not enough. 3 She proposed for the developer to come and make their 4 presentation at the next meeting without a vote of the City 5 Commission or have a meeting to allow an opportunity to have some 6 community outreach on this project. 7 8 Mr. Basu related that this item would be presented to the 9 City Commission at the next Commission meeting. At that time it 10 can be deferred for more time to review it. He cautioned not 11 discussing this project outside of the public forum because it is 12 a Quasi- Judicial Proceeding. 13 14 Mayor Robaina thanked Commissioner Russell for taking the 15 lead on this issue. He shared that he too had received comments 16 about the project. He proposed having the developer come forward 17 at the next Commission meeting to make their presentation. He 18 voiced his opinion of there not being sufficient time for the 19 residents to review this project. 20 21 Attorney Gallop explained that when an item is on for a 22 Quasi- Judicial hearing the focus of the hearing is to give out 23 the facts, to determine whether or not the application is 24 consistent with the Comprehensive Plan and Land Development 25 Regulations based on the evidence in the record. Once the Quasi - 26 Judicial Hearing starts the Commission can either table or defer 27 the item to the next meeting if additional time is need. The 28 question that has been suggested by administration is that the 29 contacts from citizens from outside of these procedures the 30 Commission needs to be very careful on the nature of those 31 contacts. People contacting the Commission either lobbying for or 32 against the project should be discouraged. The Quasi - Judicial 33 Proceedings adopted by a prior Commission prohibits contact for 34 the purpose of lobbying for or against a project. If someone 35 does contact a Commission member about the project, the 36 information should be disclosed at a hearing on the matter so 37 that everything that relates to the Commission's decision is in 38 the public and on the record. 39 40 Mayor Robaina related that the way he understands this is 41 that he didn't get a chance to get input from the citizens when 42 they review this project. 43 44 Attorney Gallop explained that the Quasi - Judicial Hearing 45 was divided into two parts; 1) evidence part and 2) public input 46 part which is not evidence. 47 48 Mayor Robaina asked if it would be prudent to have the 49 developer make his presentation during the Quasi- Judicial REGULAR CITY COMMISSION 10 MINUTES - June 1, 1999 Nom. .. .��- ,.�,- ,�..�,,.,,,. -..- t z,.;:=r�� =�•. .. � §,.� �. v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 proceeding at the next Commission meeting then have this issue deferred to the next Commission meeting for public hearing. Attorney Gallop replied "absolutely." Manager Scurr suggested having the developer set up meetings with the residents to further explain the project. Commissioner Russell shared that she wasn't lobbied for or against the project. She said the people are concerned because they don't understand it. Mayor Robaina indicated that the residents that he's been in contact with were simply asking for information. Manager Scurr said when this item comes up for the Quasi - Judicial hearing and if there are still some confusions it would be a good idea at that point to direct staff to go ahead and convene some community meeting to discuss this issue. He voiced his opinion that the Commission would not be able to attend those community meetings. Mayor Robaina related that it would benefit the Commission members to make a wise decision. Commissioner Russell voiced her opinion that the Commission has been responsible and sensitive to the community concerns. Vice Mayor Oliveros thanked the police department for its cooperation in providing a tour of the police station to a group of fourth grade students from Gulliver Academy on last week. He said the students were very appreciative and had learned a lot. He further shared that he's received numerous phone calls from residents concerned about the cable service. He related that he'd spoken with a representative from the Cable Company who'd indicated that the company was experiencing some problems. He asked that administration contact the cable representative and ask them to notify the residents of what is going on. Vice Mayor Oliveros shared that he is of the opinion that the City has too much property at the public works facility, which is also very valuable property. He voiced his opinion that the City could gain a lot by finding out what the value of that property is, and if and when the public works department could be relocated within the City of South Miami boundaries. He said a lot of time and effort is being wasted having this facility so far away from the City. He suggested putting the public works department in the CRA area, selling the property this facility be currently housed on with the proceeds coming back to the City to be utilized to fund future projects. He indicated that the REGULAR CITY COMMISSION 1 1 MINUTES - June 1, 1999 1 police department is too small and voiced that the police 2 officers need to work in a good atmosphere. He said the City is 3 growing therefore funds need to be obtained any way that they 4 could. He volunteered to form a task group to investigate the 5 feasibility of relocating the public works department within the 6 corporate boundaries of the City and the possibility of 7 generating funds from the sale of the City property the facility 8 is currently located, as well as improving the police department. 9 He remarked that it did not take long to get an appraisal on this 10 property and opined that it should be done as soon as possible. 11 12 Mayor Robaina indicated that he would be moving up Item No. 13 13 on tonight's official Agenda to be heard after the Consent 14 Agenda. He related that when there are discussions about change 15 some of the comments are "no, you don't need to change. The City 16 is fine with the size it is right now." He said the mentality 17 has to change. In order to provide the residents with the best 18 service the City has to grow with the times. He said that some 19 people are so hesitant to change but sometime change is needed 20 just to survive. He commended Manager Scurr for implementing 21 excellency in the City and voiced his support wholeheartedly of 22 everything he is doing. 23 24 Mayor Robaina shared that he's received phone calls from 25 residents in the Dante Fascell area about the crime watch 26 program. He provided the name of the contact person as well as 27 the phone number of the police department for those individuals 28 interested in starting a crime watch program in their 29 neighborhood. He asked if he could have an estimate on what it 30 would cost to fix the wall along 62nd Avenue by the next 31 Commission meeting. He asked that local residents be considered 32 first for the part -time human resource position being created. 33 34 Mayor Robaina announced that Crystal Sugars is sponsoring a 35 sugar tour and asked that if there were any residents interested 36 in this tour to contact the City Manager's office. 37 38 After there were no other comments or questions for the City 39 Manager this report was concluded. 40 41 42 3. City Attorney's Report: 43 44 Attorney Gallop agreed with the comments being made about 45 Manager Scurr. He related that he's been a pleasure to work 46 with. He reported that the Charter Revision Commission is 47 perhaps two thirds to three fifths away through its work and 48 voiced expectation that within the next two to four meetings the 49 Commission would be finish with its work and will be bringing a 50 draft report directly to the Commission. REGULAR CITY COMMISSION 12 MINUTES - June 1, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 __ Attorney Gallop addressed the CRA Interlocal Agreement and said that if this item did not make it onto the Miami -Dade County Commission agenda for the month of June it would not be considered before September. Attorney Gallop reported on SPG Phase One and said the developers desires to have an agreement done by the end of this week but based on the document that was presented it would seem that there will be a two to three week process in getting this matter hammered out. Attorney Gallop addressed the Code Enforcement revision ordinance. The ordinance that was prepared implements the Commission's desire to have a ticketing or citation system. In some areas it changes the role of the Code Enforcement Board by giving it some additional powers to take action to enforce it ordinances. Attorney Gallop reported that there have been no legal actions taken against the City. Commissioner Feliu shared that one of the police officers had shown him how to go on -line to fine out about the sexual predators that are in the area. He asked if perhaps this same information could be afforded to many people through Cable Channel Five. Attorney Gallop said that his view is subject to be double checked and confirmed but since this is public information and the objective of it is to disseminate information publicly it can be published on channel five as long as the City is reporting or repeating what's already in the web and not presenting it in a way that suggest the intend to ridicule or harassment. He said that he would double check this information and report back to Commissioner Feliu and the City Commission at the next City Commission meeting. Mayor Robaina asked if the names and addresses of individuals could be mentioned on public television. Attorney Gallop related that he'd like to have an opportunity to review the law before he answers this question. After there were no further questions or comments, this report was concluded. Mayor Robaina acknowledged and welcomed the Honorable Jose "Pepe" Diaz, the new mayor of Sweetwater to the City of South Miami. REGULAR CITY COMMISSION MINUTES - June 1, 1999 13 1 2 Mayor Diaz appeared before the City Commission to thank the 3 Commission members for their support. 4 5 Item No. 7 was removed from the Consent Agenda. Item No. 13 6 was moved up to be heard after the Consent Agenda. However, it 7 is reflected in its proper position in the public record. 8 9 CONSENT AGENDA 10 11 RESOLUTION NO. 109 -99 -10733 12 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BUDGET, 14 CONCERNING THE STORMWATER USER FEE TRUST FUND, 15 PRESENTING A PROPOSED BUDGET FOR FISCAL YEAR 1999/2000 16 TO THE BOARD OF COUNTY COMMISSIONERS. 17 3/5 18 RESOLUTION NO. 110 -99 -10734 19 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 21 CONTRACTS, CONCERNING TREE REMOVAL, AUTHORIZING THE 22 CITY MANAGER TO ENTER INTO A CONTRACT WITH AVENTURA 23 TREE SERVICE NOT TO EXCEED $2,750.00 WITH THE 24 DISBURSEMENT TO COME FROM ACCOUNT NO 131.000.2210 25 ENTITLED "FUCHS PARK GRANT MATCHING FUND RENOVATION OF 26 SHELTER /NATURE STUDY" FOR FISCAL YEAR 1998/99. 27 3/5 28 RESOLUTION NO. 111 -99 -10735 29 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 30 CITY OF SOUTH MIAMI, AUTHORIZING THE CITY MANAGER TO 31 DISBURSE A SUM NOT TO EXCEED $3,350 FROM ACCOUNT #1910- 32 521 -4620 (MAINTENANCE AND REPAIR- EQUIPMENT) TO USA AUTO 33 PAINTING FOR THE BODYWORK REPAIRS AND REPAINTING OF 34 NINE POLICE CARS, PROVIDING AN EFFECTIVE DATE. 35 3/5 36 37 Moved by Mayor Robaina seconded by Vice Mayor Oliveros and 38 Commissioner Bethel to approve the Consent Agenda, with the City 39 Clerk assigning the next available numbers. 40 41 There being no discussion, the motion passed by a 4 -0 vote. 42 43 Commissioner Bethel: Yea 44 Commissioner Feliu: Yea 45 Vice Mayor Oliveros: Yea 46 Commissioner Russell: Out of room 47 Mayor Robaina: Yea SWO REGULAR CITY COMMISSION MINUTES - June 1, 1999 14 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 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) ORDINANCE NO. 12 -99 -1686 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE STATUS OF WOMEN; AMENDING SECTION 2.26.1 OF THE CODE OF ORDINANCES BY CHANGING THE NAME COMMITTEE ON THE STATUS OF WOMEN TO THE COMMISSIONS FOR WOMEN; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1't Reading - 5/18/99) (Commissioner Russell) 3/5 Moved by Commissioner Feliu, seconded by Commissioners Bethel and Russell to adopt this item, with the City Clerk assigning the next available number. Commissioner Russell explained that this ordinance just follows the State of Florida by changing the name The Commission on the Status of Women to The Commissions for Women. Mayor Robaina opened the floor for the public hearing. After there were no interested parties to speak on behalf of this item, the public hearing was closed. vote. There being no other discussion the motion passed by a 5 -0 Commissioner Russell: Yea Vice Mayor Oliveros: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea RESOLUTION (S) HEARING There are none RESOLUTION (S) RESOLUTION NO. 112 -99- 10736 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOUTH FLORIDA BUILDING CODE; URGING THE FLORIDA BUILDING COMMISSION AND THE FLORIDA LEGISLATURE TO APPROVE AND ADOPT THE SOUTH FLORIDA BUILDING CODE; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina /Commissioner Feliu) 3/5 REGULAR CITY COMMISSION MINUTES - June 1, 1999 15 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 Moved by Mayor Robaina, seconded by Commissioner Russell to approve this item, with the City Clerk assigning the next available number. Manager Scurr explained pertinent information surrounding this particular issue. The intent of this resolution is to express the City's firm stand and its feelings that it is imperative that in order prevent hurricane type Andrew aftermath problems that a very strict and rigorous Florida Building Code Provision needs to be kept in place. Commissioner Feliu asked that this resolution be forwarded to County Commissioner Diaz La Portilla as well as appropriate State of Florida representatives. There being no further discussion, the motion passed by a 4- 0 vote. Commissioner Feliu: Yea Vice Mayor Oliveros: Yea Commissioner Russell: Yea Commissioner Bethel: out of room Mayor Robaina: Yea RESOLUTION NO. 113 -99 -10737 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE COMMUNITY REINVESTMENT ACT (CRA) STRONGLY URGES THE MEMBERS OF THE HOUSE COMMERCE COMMITTEE AND THE U.S. HOUSE OF REPRESENTATIVES TO AMEND H.R. 10 TO MODERNIZE THE CRA; PROVIDING FOR AN EFFECTIVE DATE. (Vice Mayor Oliveros) 3/5 Moved by Commissioner Feliu, seconded by Commissioner Russell to approve this item, with the City Clerk assigning the next available number. Vice Mayor Oliveros explained that the National League of Cities requested that this item be placed on the Commission's agenda for consideration and approval. The Community Reinvestment Act (CRA) is a Federal law that requires banks and investments groups within the cities to reinvest a portion of their investments back into the community. This legislation is in support of modernizing the (CRA). Mayor Robaina voiced his support of this resolution and related that this could be very useful to the City of South Miami and its residents. REGULAR CITY COMMISSION 16 MINUTES - June 1, 1999 1 There being no further discussion, the motion passed by a 5- 2 0 vote. 3 4 Vice Mayor Oliveros: Yea 5 Commissioner Russell: Yea 6 Commissioner Feliu: Yea 7 Commissioner Bethel: Yea 8 Mayor Robaina: Yea 9 10 RESOLUTION NO. 114 -99 -10738 11 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 13 CONTRACTS, CONCERNING TREE PURCHASES, AUTHORIZING THE 14 CITY MANAGER TO ENTER INTO CONTRACTS WITH NATIVE TREE 15 NURSERY, HORTICULTURAL SYSTEMS, INC., AND PLASENCIA 16 NURSERY TO PROVIDE TREES FOR THE FUCHS' PARK PROJECT AT 17 A COST NOT TO EXCEED $1,400.00 WITH THE DISBURSEMENT TO 18 COME FROM ACCOUNT NO.; 131.000.2210 ENTITLED "FUCHS 19 PARK GRANT MATCHING FUND RENOVATION OF SHELTER /NATURE 20 STUDY" FOR FISCAL YEAR 1998/99 21 (Commissioner Russell) 3/5 22 23 Moved by Commissioner Feliu, seconded by Commissioner 24 Russell to approve this item, with the City Clerk assigning the 25 next available number. 26 27 Commissioner Russell remarked that this really exciting 28 project was put together by David Goodin of the City's public 29 works department. It would create a natural wetland habitat in 30 Fuchs Park. At the same time grant funds and not taxpayers 31 dollars are being spent. 32 33 Mayor Robaina thanked Commissioner Russell for sponsoring 34 this item. He related that Fuchs Park has really been undergoing 35 a tremendous change and more and more people are now utilizing 36 this park. 37 38 There being no further discussion, the motion passed by a 5- 39 0 vote. 40 41 Commissioner Russell: Yea 42 Vice Mayor Oliveros: Yea 43 Commissioner Feliu: Yea 44 Commissioner Bethel: Yea 45 Mayor Robaina: Yea 46 47 48 49 50 REGULAR CITY COMMISSION MINUTES - June 1. 1999 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT CONTRACT, AUTHORIZING THE CITY ADMINISTRATION TO EXTEND A CONTRACT WITH DON DELANEY, DBA SDI, INC., ON A RETAINER BASIS, UNDER TERMS APPROVED BY RESOLUTION #30- 97- 10001, FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY REDEVELOPMENT AGENCY (CRA) PROGRAM IMPLEMENTATION, TAX INCREMENT FINANCING, LOBBYING SERVICES RELATED TO CRA, AND OTHER ACTIVITIES RELATED TO THE CITY OF SOUTH MIAMI CRA AT A MONTHLY RETAINER OF $4,800.00 PER MONTH BEGINNING JUNE 12, 1999 AND ENDING SEPTEMBER 30, 1999. THE EXPENDITURE WILL BE PAID FROM ACCOUNT #001 - 0000 - 132 -15.00 3/5 Moved by Vice Mayor Oliveros, seconded by Commissioner Bethel to approve this item with the City Clerk assigning the next available number. Manager Scurr recounted that the City Commission had approximately one -month prior exercised its termination provision of this contract. The Commission recognized that the City has a continuing need for some specialized services but wanted to rely more on the City's staff as well as to reduce the scope of those services. A 50% decrease in the services is being proposed. This amount would be taken down farther if the negotiations with the 71St Parking Garage were discontinued. There are a number of important issues that would need to be addressed; 1) CRA budget; and 2) Miami -Dade County Interlocal Agreement. Commissioner Russell voiced her pleasure that there has been a compromise and opinioned that the city needed to finish this at this critical stage in the CRA. She shared that the question has been posed to her as to why the City is paying a consultant to negotiate a project on City own property. Manager Scurr said the 71St Street project is within the CRA area. The City has a negotiating team in which Don Delaney is one of the lead negotiators. Commissioner Feliu voiced his agreement with Commissioner Russell. He said why couldn't the same team that negotiated the SPG Phase One project negotiate with the Simon Group. He related that Mr. Delaney had made comments about circumventing the City's Charter, which he [ Feliu] felt, wasn't a very good consultant type of position to take. He said that he was glad to see the reduction in the amount of money being paid and the scope of services. He said that he'd like to see Mr. Delaney concentrate on CRA issues and step away from the negotiations of the Simon Group. He said the relationship between lead negotiator and developer is not one that he'd like to send out to the taxpayers. REGULAR CITY COMMISSION 18 MINUTES - June 1, 1999 1 He suggested that an itemized detailed report be given to the 2 Commission members to assist with justifying spending the funds 3 for necessary services. He asked that the expense report be 4 given of the hours being utilized on a monthly basis. 5 6 Mayor Robaina said that the SPG Phase One project had a 7 different negotiation strategy because it is outside of the CRA 8 boundaries. The 71St Street project is within the CRA area 9 therefore different rules apply. 10 11 Commissioner Feliu voiced his disagreement with this 12 statement and emphasized that both properties are city owned 13 property. He said that he'd like to see the itemized provision 14 added to this agreement. 15 16 Attorney Gallop related that a provision in the resolution 17 requires that the consultant submit quarterly reports detailing 18 his monthly work schedule, progress, time expended and cost 19 incurred. 20 21 Manager Scurr said this is not as stringent as the City 22 Attorney's itemized report. It is a broader allocation of time. 23 He said discussions held previously talked about the different 24 type of consultants and the different levels of reporting. 25 26 Commissioner Russell indicated that the itemization portion 27 of the resolution is not a part of the contract. She related 28 that the City came very close to not having a CRA. The City is 29 currently at odds with Miami -Dade County on a couple of very 30 important and possible deal breaking issues. She voiced that not 31 having the same person representing the City is going to show 32 that the City is on shaky ground. That is an important reason for 33 making these decisions. She said if the City didn't have the 34 Interlocal Agreement finalized by the end of September, the City 35 would lose its CRA altogether. She said the City run the risk of 36 folding all of this effort into nothing. This community needs to 37 know this. 38 39 Commissioner Feliu concurred with Commissioner Russell's 40 statements. He said the only thing that he had a problem with 41 was not having itemized bills and scope of services as the lead 42 negotiator for the 71St Parking Garage project. 43 44 Moved by Commissioner Feliu to delete Section 3 of the 45 resolution indicating the scope of services. Motion died for a 46 lack of a second. 47 48 Moved by Commissioner Feliu to amend the contract to insert 49 a provision for itemized monthly expenses to the half -hour 50 billing seconded by Commissioner Russell. REGULAR CITY COMMISSION MINUTES - June 1, 1999 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 There being no further discussion, the motion to amend passed by a 3 -2 vote. Vice Mayor Oliveros: Nay Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Feliu: Yea Mayor Robaina: Nay Moved by Commissioner Russell, seconded by Commissioner Feliu to defer this item until the June 8, 1999 Commission meeting. This would give Commissioner Feliu an opportunity to meet with staff one on one to discuss his concerns. There are also 12 active members presently serving on this Board. There being no discussion, the motion passed by a 5 -0 vote. Vice Mayor Oliveros: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Feliu: Yea Mayor Robaina: Yea Mayor Robaina emphasized that this was not a personal reflection on Mr. Delaney. The issue is how the City is dealing with its consultants as it relates to accountability. Commissioner Bethel shared that he'd received phone calls from two of the Miami -Dade County Commissioners inquiring about the status of Mr. Delaney's services. Commissioner Feliu commented that this should also show the Miami -Dade County Commissioners that the City is fiscally responsible. RESOLUTION NO. 115 -99 -10739 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CHARTER; AMENDING RESOLUTION NO. 48 -98- 10315, AS AMENDED BY RESOLUTION NO. 119 -98- 10387 AND RESOLUTION NO. 27 -99 -10651 TO DECREASE THE MEMBERS OF THE CHARTER REVISION COMMISSION FROM FIFTEEN TO TWELVE MEMBERS; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 Moved by Mayor Robaina, seconded by Vice Mayor Oliveros to approve this item, with the City Clerk assigning the next available number. REGULAR CITY COMMISSION MINUTES - June 1, 1999 20 1 2 Commissioner Bethel inquired as to why the membership was 3 being reduced from 15 to 12. 4 5 Mayor Robaina explained that because there are 15 people 6 appointed to this Board they are having a hard time getting a 7 quorum, which is slowing the process down. Decreasing the number 8 of members will ensure a quorum. 9 10 There being no further discussion, the motion passed by a 5- 11 0 vote. 12 13 Commissioner Bethel: Yea 14 Commissioner Feliu: Yea 15 Vice Mayor Oliveros: Yea 16 Commissioner Russell: Yea 17 Mayor Robaina: Yea 18 19 ORDINANCE (S) FIRST READING 20 21 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE 23 ENFORCEMENT AMENDING SECTION 2 -24 OF THE CODE OF 24 ORDINANCES RELATING TO THE CODE ENFORCEMENT BOARD; 25 CREATING A NEW SECTION 2 -25 ENTITLED "CODE ENFORCEMENT 26 PROCEDURES ", PROVIDING FOR A SCHEDULE OF FINES, 27 ISSUANCE OF CITATIONS, APPEALS TO THE CODE ENFORCEMENT 28 BOARD LIENS ON REAL AND PERSONAL PROPERTY AND 29 ENFORCEMENT OF LIENS, PROVIDING FOR SEVERABILITY, 30 ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 31 (Mayor Robaina) 3/5 32 33 Moved by Mayor Robaina, seconded by Commissioner Russell to 34 approve this item on first reading with second reading and public 35 hearing scheduled for June 8, 1999. 36 37 Mayor Robaina related that he'd sponsored this item because 38 the City has a big problem with code enforcement violations. 39 This ordinance would provide more stringent code enforcement 40 measures. 41 42 Manager Scurr related that this ordinance would not be 43 imposing any new rules but proposing a new method of levying 44 fines whereby the City will have much more teeth in how it 45 pursues habitual offenders. 46 47 Attorney Gallop summarized the applicable sections of the 48 Code of Ordinances affected by this amendment as it relates to 49 the Code Enforcement Board's authority as provided under Florida REGULAR CITY COMMISSION MINUTES - June 1, 1999 21 1 Statutes Chapter 162. He related that Section 2 -25 was being 2 created to define the Code Enforcement officer's role. It has a 3 civil offense provision for issuing civil fines as well as 4 issuing citations for violations. It makes it clear as to what 5 some of the penalties could be. It sets up a system for 6 citations. It expands the definition of repeat violations. It 7 specifies procedures for appeals to the Code Enforcement Board. 8 9 Mayor Robaina asked if the Code Enforcement Officer could 10 issue the citation on the spot. 11 12 Attorney Gallop replied that a citation would be issued 13 after a one time courtesy notice has been given to the subject 14 property. 15 16 Commissioner Bethel related that he'd heard that to in order 17 to give a violator a citation that person would have to be caught 18 in the act. 19 20 Attorney Gallop said that current law provides that a 21 violation be found upon personal inspection or personal 22 observation by a Code Enforcement Officer. 23 24 Mayor Robaina related that there is also a problem with 25 residents subdividing their private resident for rental purposes. 26 27 Attorney Gallop said this is a situation where there is a 28 problematic area when the Code Enforcement Officer would have to 29 go into someone's private residence for inspection purposes. The 30 City would have to have some extended proof that the property is 31 being leased contrary to the City's existing code. 32 33 Mayor Robaina provided an opportunity for several residents 34 to come before the Commission for shares their input. 35 36 Mr. Christian Alec of 6331 SW 42nd Terrace appeared before 37 the City Commission to get clarification on the term "appeal ". 38 39 Attorney Gallop explained that when a notice of violation is 40 issued a person has a certain number of days to come into 41 compliance. If they do not come into compliance within a certain 42 date, that person gets scheduled for a hearing before the Code 43 Enforcement Board. This ordinance has a provision that will give 44 the Code Enforcement Officer the power to issue the first 45 courtesy notice of violation, which tells the violator that they 46 must come into compliance by a certain time if not they will be 47 issued a citation. If that person has not come into compliance 48 by the time given a citation is issued. That person is then 49 given a second chance to either bring the violation into 50 compliance or to contest it by taking an appeal to the Code REGULAR CITY COMMISSION 22 MINUTES — June 1, 1999 1 Enforcement Board. The Code Enforcement Board will determine if 2 they were in violation. 3 4 Mr. Alec related that the City of North Miami had a much 5 more severe ordinance in place and asked if the City had reviewed 6 that particular ordinance. 7 8 Attorney Gallop replied that administration had looked at 9 several cities code enforcement ordinances including the Village 10 of Pinecrest. 11 12 Mr. Alec asked that the City of North Miami's Code 13 Enforcement provision regarding the illegal subdivision of a 14 house be looked at. 15 16 Mayor Robaina asked Mr. Alec to provide administration with 17 the information he was referring to. 18 19 Mr. Alec asked if a file had been put together on a 20 particular property and the violations weren't really considered 21 for whatever reason could that file be revisited. 22 23 Attorney Gallop said this could be done. 24 25 Mr. Alec asked if someone observes illegal dumping late at 26 night when the Code Enforcement Officer is sleeping would getting 27 a tag number from the offender's vehicle be sufficient. 28 29 Attorney Gallop explained that one of the possibilities is 30 that administration might designate certain law enforcement 31 officers to be available to fill that function for midnight 32 illegal activity. The basic requirement is that the Code 33 Enforcement Officer does have to see the violation in order for a 34 ticket to be issued. 35 36 Mayor Robaina asserted and said this is where the police 37 department would be utilized. He disclosed that Code Enforcement 38 is Monday through Friday from 8:00 a.m. to 5:00 p.m. 39 40 Manager Scurr said depending on what the infraction is the 41 City would come up with the appropriate enforcement personnel. 42 43 Mr. Alec shared that a home in his neighborhood is being 44 leased out to a family. The owner of that home is also living in 45 an enclosed area at the same house. He said this needs to be 46 addressed because this type of situation can't be right in a 47 single family residential area. 48 REGULAR CITY COMMISSION MINUTES - June 1, 1999 23 1 Attorney Gallop said there are certain investigative 2 techniques that can be used to determine whether a single family 3 or several parties are sharing a residence. 4 5 Mr. Alec indicated that there was also a home in his 6 neighborhood that had been subdivided into four to six individual 7 living units. He further addressed the issue of animals being 8 slaughtered in his neighborhood. 9 10 Attorney Gallop said that if money were changing hands even 11 the slaughter of animals would not be protected as part of 12 someone's religious ritual. 13 14 Mr. Alec voiced his opinion that his neighborhood wasn't 15 zoned for a church, which is an organized place for worship. 16 17 Attorney Gallop shared that this is exactly what the City of 18 Hialeah tried to do. They'd passed a number of ordinances 19 prohibiting the killing of animals in connection with the 20 Santeria practices. He said the Supreme Court Opinion was 21 unanimous in finding that the practice by the City of Hialeah was 22 illegal against freedom of religion. 23 24 Mr. Alec asked if the community would be notified of the 25 change to the Code Enforcement ordinance procedures. 26 27 Attorney Gallop voiced his assurance that administration 28 would provide the necessary advertisement. The purpose of this 29 is not only to compel compliance but also act as a deterrent. 30 31 Mayor Robaina suggested utilizing the police department to 32 deliver to the resident's flyers announcing the changes to the 33 code enforcement procedures. 34 35 Commissioner Bethel suggested have the trash pick -up 36 schedule information provided on the flyer as well. 37 38 Mayor Robaina shared that the flyer that was initially 39 distributed at the recommendation of Vice Mayor Oliveros had this 40 exact information listed. 41 42 Manager Scurr said that the City's newsletter would also 43 have this information listed. 44 45 Commissioner Russell let the public know that the City had 46 previously looked at a Special Masters. A decision was made 47 against the Special Masters because the Code Enforcement Board 48 was working well. 49 REGULAR CITY COMMISSION MINUTES - June 1, 1999 24 1 Ms. Susan Bramson appeared before the City Commission and 2 shared that she was the original owner of the house Mr. Alec had 3 referred to as being subdivided. She related that she's witnessed 4 the house being subdivided. She detailed some of the complaints 5 and concerns the neighbors have had because of the activities by 6 the different renters living in the subdivided house. 7 8 Mayor Robaina thanked Ms. Bramson for coming forward with 9 this information. He shared that his goal is to clean up the 10 northern part of the City, which is the forgotten area. He 11 encouraged residents to get involved by reporting any unlawful 12 acts going on in their neighborhood. He asked Ms. Bramson to 13 provide this information to Ms. Sonia Lama. 14 15 Ms. Cohen appeared before the City Commission to report that 16 she had first hand knowledge that people were living in the 17 subdivided house across the street from her home. 18 19 Mayor Robaina gave his word that this situation would be 20 addressed. 21 22 Mr. James Bowman appeared before the City Commission and 23 asked how would the City addresses individuals putting their 24 trash on someone else's trash pile. 25 26 Manager Scurr said that the City's ordinance provides for 27 each resident to have his or her own trash pile. 28 29 Mr. Craig Sheer appeared before the City Commission in 30 opposition to this ordinance. He said that everything that these 31 residents have been complaining about could be taken care of 32 under the City's current ordinance. He said this is an 33 enforcement issue. He said having a judicial or administrative 34 hearing that they have a right to, be taken away from them should 35 not punish the residents. 36 37 Manager Scurr announced that the Code Enforcement Board 38 would be meeting on this item on this coming Thursday evening, 39 with the public hearing before the City Commission scheduled for 40 June 8th. 41 42 There being no further discussion, the motion to approve 43 this ordinance on first reading passed by a 5 -0 vote. 44 45 Vice Mayor Oliveros: Yea 46 Commissioner Russell: Yea 47 Commissioner Feliu: Yea 48 Commissioner Bethel: Yea 49 Mayor Robaina: Yea 50 REGULAR CITY COMMISSION MINUTES - June 1, 1999 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PUBLIC REMARKS Please note due to an early morning engagement Vice Mayor Oliveros left the meeting at 10:45 p.m. Mr. William D. Tucker, Sr., of 6556 SW 78th Terrace appeared before the City Commissioner and encouraged interested parties to read the CRA Plan. He further voiced his views about Don Delaney's contract and the CRA process. Mr. Tucker further reflected on the significance of Memorial Day and the men and women who served this county in military service. Ms. Shirley Huebner appeared before the City Commission to commend the Chief Watson and the police department for being responsive to the residents. She further referenced the public notice that was sent out to residents regarding the Rum Bum development. She asked that the Commission consider making the notice more explanatory and user friendly. She emphasized that the residents hadn't had an opportunity to review and understand the scope of the project. Mr. George David appeared before the City Commission to express his views about the Rum Bum development proposal. He offered his assistance to the City with regard to the Rum Bum development and asked that the citizens be allowed an opportunity to be involved. Mr. Basu related that people have to take the time to find out what the project is about. Administration has done as much as it can. He said that he's been open to meeting with anyone to discuss this issue. Mayor Robaina said that the Commission's goal is to make sure that the line of communication is opened. He encouraged Mr. David to coordinate getting the group together to met with staff and the developer. Mr. Craig Sheer of 6501 SW 61St Street to addressed his concerns to discussion that was held during an earlier Commission meeting about the practice of Santeria and the slaughter of animals. He said this Commission either actively or through its silence is advocating the dissention of someone doing their religious practices. Mr. Mark Diaz appeared before the City Commission and voiced his concern about seeing an empty trolley traveling throughout the community. He voiced his opinion that once there is a vibrant downtown area the trolley could be fully utilized. He REGULAR CITY COMMISSION 2 6 MINUTES - June 1, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 addressed his concern to the traffic flow on Twin Lake Drive between (57 t'' Avenue and 73rd Street) which in his opinion is one of the most dangerous streets in South Miami. He referenced the intersection on Sunset Drive and Red Road and indicated that traffic is being held up by motorist traveling east on Sunset Drive and making a right hand turn onto Red Road and diagonal parking in front of Lanes. He voiced his opinion that the CRA is a good tool but it needs direction and focus. He further voiced his opinion that the City needed a parking plan not additional parking garages. Mr. Diaz asked the Commission to consider naming the multi- purpose center at Murray Park after Mr. Lee Perry and the Open Space Park after Mr. Christopher Cooke - Yarborough. COMMISSION REMARKS Commissioner Bethel announced the kick- Festival with a dinner cruise aboard the Friday, June 4t''. He further congratulated the great job he's doing with the learning that the landscape improvements to the beautiful. Commissioner Feliu referenced about communication and voiced his communicating like it should advertisement. He commented that out clearing so that everyone has a being advertised. -off of the Goombay Casino Princess on Reverend Green for center. He related post office were comments made by Ms. Huebner opinion that the City isn't as it relates to public everything should be spelled chance to understand what is Clerk Taylor said that a courtesy notice is place in the Miami Herald neighbors' section can be utilized for this purpose at an additional cost. Commissioner Feliu said that adding additional verbiage would go a long way to calm the public on any misconceptions. He voiced his opinion that it may be a little bit more expensive but it would be worth it. Commissioner Feliu referenced comments made by Mr. Sharer about the freedom of religion. He said there is also the right of freedom of expression and if residents in the community have a problem with Santeria it is their right to voice their concerns. He said perhaps there are opportunities to observe this issue a little further. Commissioner Russell said goodnight to everyone on behalf of Vice Mayor Oliveros. She concurred with Commissioner Feliu about providing more description to the public notices. She further REGULAR CITY COMMISSION MINUTES - June 1, 1999 27 1 asked Mayor Robaina to consider utilizing the Hometown District 2 Parking Committee to come up with ideas on how the City could 3 better communicate with the public. She commended Christopher 4 Cooke - Yarborough on his efforts and physical labor on the Open 5 Space Park. She thanked Mr. David for his personal explanation 6 and the way that he'd approached the Commission this evening and 7 his open mindedness. She related that all had a learning 8 experience from this. She shared that Abilities of Florida had a 9 wine tasting fund raising event, which was just an outstanding 10 and well put together affair. She also shared that she was the 11 Mistress of Ceremonies for the GRA•••••.CAA installation ceremony. 12 She related that it was fairly depressing to see an empty trolley 13 and didn't know where the 1,000 - person figure came from. She said 14 that 57th Avenue and 73rd Street needed a one -way right turn only 15 sign there. 16 17 Commissioner Russell closed by saying that if anyone was 18 going to come before the City Commission to speak they should at 19 the very least at the very minimum have their facts straight as 20 to who said what. She said if anyone on the dais speaks on 21 anything they all take the responsibility. She said that if Mr. 22 Sheer checked the minutes and watched the tape he would note that 23 the actions were positive. Not letting those concerned residents 24 speak about their issues is unfair. It would be wrong if the 25 residents were told that they couldn't speak about that issue. 26 She related that she however, didn't make a single comment during 27 that entire process. She said she took the position that she was 28 going to have an education. There was no vote taken. She said 29 that she's been lashed out at tonight's meeting and there was no 30 reason for it. 31 32 Mayor Robaina commended Ms. Garcia and the Parks & 33 Recreation Department for the successful Goombay event that took 34 place at Murray Park. He related that it is very important for 35 residents to start preparing their hurricane preparedness plan. 36 37 Mayor Robaina referenced comments made by Mr. Sharer and 38 said excuse him for not always thinking like an attorney. It 39 hasn't been in the best interest of the City to at all times to 40 think like an attorney that is why the City Attorney is paid the 41 big bucks to give the Commission concise guidance. He said a lot 42 of the time the Commission members listens to their constituents 43 and if they have a problem they will speak on the issue. He said 44 that Mr. Sharer would never come back into the chambers and point 45 fingers because that is an insult to another resident. He said 46 that Mr. Sheer had spoken about the first amendment rights which 47 in his [Robaina] opinion was not abided by, by Mr. Sheer. 48 49 REGULAR CITY COMMISSION 2 8 MINUTES - June 1. 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mayor Robaina voiced his commitment to moving forward with the proposed Code Enforcement ordinance. He related that one of his jobs as an elected official is to protect the quality of life and if a renter has no respect for what is happening within the community he would be part of the problem if he didn't address it. He said that he was very proud of his colleagues' vote to approve this ordinance on first reading. There being no further business the meeting adjourned at 11:07 p.m., delivery parting inspirational words. Attest: City Clerk REGULAR CITY COMMISSION MINUTES - June 1, 1999 Approved 29 to come before this Body, with Commissioner Feliu Mayor 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 CITY OF SOUTH MIAMI SPECIAL COMMUNITY REDEVELOPMENT AGENCY MINUTES Tuesday, April 20, 1999 The Community Redevelopment Agency of the City of South Miami met in Special Session on Tuesday, April 20, 1999 beginning at 7 :23 p.m., in the City Commission Chambers, 6130 Sunset Drive. The following members of the Agency were present, Chairperson Julio Robaina, Vice - Chairperson Armando Oliveros, Jr., Members Horace G. Feliu, David D. Bethel and Mary Scott Russell. CRA Board members Rubystine Anderson and James Bowman were not present. A moment of silence was observed for the shooting victims and their families in Littleton, CO. Also in attendance were City Manager Charles D. Scurr, CRA Director Diana Morris, CRA, CRA General Counsel John Dellagloria and CRA Secretary Ronetta Taylor. RESOLUTION NO. 1 -99 -4 A RESOLUTION OF THE BOARD OF COMMISSIONER OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING TIE AMENDMENT OF AN AGREEMENT FOR QUICK VICTORY SERVICES WITH ST. JOHN A.M.E. CHURCH D /B /A WOUNDED HEALERS, INC. Moved by Chairperson GI-kver--es- Robaina and Vice Chairperson Oliveros, seconded by Member Russell to approve this resolution with the City Clerk assigning the next available number. Ms. Morris related that $3,000.00 was contributed to do the paint up /fix up project for seven (7) homes in the CRA area. An additional $1,600.00 worth of paint was also donated for this purpose. This resolution approves a $5,000 payment to Wounded Healers with the expectations that they will do an additional seven +seven- (7) homes in the CRA area. Manager Scurr explained why. that this is being done so quickly - s ....... because administration -they did not want to ---------------------------------- - - - - -- ...... disband the group of young men that were er-e working on this project. He voiced administration's recommendation of approval. There being no further discussion, the motion passed by a 5 -0 vote. CRA SPECIAL MEETING APRIL 20, 1999 Member Bethel: 1 Yea 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 2.9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Vice- Chairperson Oliveros: Yea Member Feliu: Yea Member Bowman: Not present --------------------------------------- - - - - -- ----------------------------------------------- ---------------- --------------- Member Russell: Yea Member Anderson: Not present Chairperson Robaina: Yea Ms. Morris referenced Habitat for Humanities and its desire to acquire vacant properties within the CRA area. . .................................................. ............... ........... Vice Mayor Oliveros asked if the letter requested by ------------- - - - - -- ------------------------------ Habitat had been written. Ms. Morris indicated that Ms. McCann had approached the Commission regarding this matter requesting that the letter - ------------------------------------------ - - - - -- -------- .............-------- ... - -- ------- should indicate that the CRA would not be purchasing those ----- .................................................................. ---- -------------------------- - - - -- . properties at least not this fiscal year. She related that she'd -- - -- - -- - -- - -- spoken with General Counsel Dellagloria who'd suggested that a time certain be placed on that so that the CRA don't miss an opportunity to acquire these properties at a later date. General Counsel Dellagloria explained his rationale because ------------- - - - - -- - --------------- - - - - -- -----------------------------------------------------------------------•-------------------------------...............-•---------...---------.............-----....... .---------- ..._..-------- - - - -.. in the event Habitat doesn't qo forward and do the project then it might be incumbent upon the CRA to reconsider its position - - - ........................................... ........ - - - - - -. ................................... regarding eminent domain. Member Feliu asked for clarification as to whether or not this was the letter Ms. McCann had requested recently indicating ------------------------------------------------------------------------------------------------------- - - - - -- - that the CRA had not funds to purchase the property. Chairperson Robaina replied that this was correct. Member Feliu commented that as far as he was concerned that letter should have been sent a long time ago. ------------------------------------------------------------------- --------- ---------------------- Ms_ -------- Morris _related that a Special meeting was called so that this issue could be discussed by the CRA. Member Feliu related that this issue was discussed at the prior Commission meeting and had nothing to do with the CRA. It -----------------------------------------------------------------------------------------------------------------------------------------------------•----------------....._._._..---............_.........-- was a letter of fact. He asked why wasn't the letter sent. ----------------------------------------------------------------------------------------------------- --------- - - - - -- .............................. Vice Mayor Oliveros indicated that he'd suggested havinc this issue heard by the CRA Board. Member Feliu reiterated that the letter was simply a letter of fact statinct that the CRA had no funds. He communicated that CRA SPECIAL MEETING 2 APRIL 20, 1999 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 he failed to understand why the letter wasn't sent and how would this infringe on the CRA. He asked for an explanation as to why this wasn't done. Ms. Morris said it was her understanding that the reason - - - - - -- ---------- ------ .............................. this meeting was called was to discuss this item before the letter was sent. Member Feliu expressed his disappointment with having wasted this time. Member Bethel conveyed his understanding that this issue would be brought before the CRA Board for discussion. Chairperson Robaina suggested having this item discussed under the City Manager's report at the City Commission meeting, .. ..... ..... . which would be coming up after this meeting, is concluded. ---------------------------------------------------------------------------------------------------------------- ------------------------ -----•------------------------- •- - - - - -- Vice Chairperson Oliveros asked for procedural purposes if this issue had to be approved by the CRA Board and re- affirmed at the Commission meeting. Ms. Morris indicated that she had not problem sending out a - - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- letter. Chairperson Robaina shared that something had already been done on this issue and he would discuss it at the City Commission meeting. ------------------- - - - - -- ---------------------------------------- - - - - -- Member Russell inquired as to whether or not the - - -- ------------------ ......••••- residential board members was notified and why they weren't present at tonight's meeting. Ms. Morris related that the packets had aone out on last week. There being no further business to come before the Agency the meeting adjourned at 7:33 p.m. Attest CRA SPECIAL MEETING APRIL 20, 1999 Approved 3 CRA Chairperson DRAFT 1 CITY OF SOUTH MIAMI 2 COMMUNITY REDEVEELOPMENT AGENCY 3 MINUTES 4 JUNE 711999 5 6 The Community Redevelopment Agency of the City Commission met in regular session 7 on Monday, June 7, 1999 beginning at 7:30 p.m., in the City Commission Chambers, 6130 8 Sunset Drive. The following individuals were present, Don Delaney, CRA Consultant, Diana 9 Morris, CRA Director, Member David D. Bethel, Member James Bowman, Member Horace G. 10 Feliu, Chairperson Julio Robaina, Member Mary Scott Russell, Member Rubystine Anderson, 11 Vice Chairperson Armando Oliveros, Jr., and General Counsel John Dellagloria. 12 13 Chairperson Robaina informed the Board members of Member Anderson's resignation 14 effectively immediately after tonight's meeting. 15 16 Member Anderson conveyed her enjoyment working with the CRA members on behalf of 17 the City. She further voiced anticipation of looking forward to a new life with her new husband. 18 19 Chairperson Robaina identified all of the proposed projects planned for the City and the 20 CRA area and indicated that this information was being aired tonight on Channel 10 at 6 and 11 21 p.m. The City also provided Channel 10 with items for a time capsule. 22 23 RESOLUTION NO. CRA 2 -99 -5 24 1. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 25 REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS, 26 AUTHORIZING THE EXECUTION OF AN INTERLOCAL 27 AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES 28 BETWEEN MIAMI -DADE COUNTY, THE CITY OF SOUTH MIAMI 29 AND THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 30 AGENCY. 31 32 General Counsel Dellagloria detailed pertinent facts surrounding this item. He said this is 33 considered a standard Interlocal Agreement being used by Miami Dade County for the trolley 34 service and the distribution of CRA funds. He voiced anticipation of having this item heard at 35 the Miami Dade County level on July 13th and July 271n 36 37 Member Russell stated that this was a centralized process, which provides for the 38 transmittal of responsibility of the contracts to the Community Redevelopment Agency. 39 40 General Counsel Dellagloria concurred with this statement. He further announced that 41 this item would be brought before the City Commission for its consideration at the June 8, 1999 42 City Commission meeting. 43 44 Moved by Vice Chairperson Oliveros, seconded by Member Feliu to approve this item. 45 46 There being no further discussion, the motion passed by a 7 -0 vote. Community Redevelopment Agency Minutes - June 7, 1999 1 2 Vice- Chairperson Oliveros: Yea 3 Member Anderson: Yea 4 Member Russell: Yea 5 Member Feliu: Yea 6 Member Bowman: Yea 7 Member Bethel: Yea 8 Chairperson Oliveros; Yea 9 10 2. Approval of Minutes 11 March 1, 1999 Minutes 12 Moved by Member Russell, seconded by Member Bethel to amend page 1, line 41 to 13 reflect that direction was given to administration to contact the ministers regarding a Sunday 14 route for the trolley. 15 16 There being no further discussion, the motion to amend the minutes passed by a 7 -0 vote. 17 18 Member Bethel: Yea 19 Member Feliu: Yea 20 Member Bowman: Yea 21 Member Anderson: Yea 22 Vice Chairperson Oliveros: Yea 23 Member Russell: Yea 24 Mayor Robaina: Yea 25 26 April 20, 1999 Minutes 27 Moved by Mayor Robaina, seconded by Member Russell to defer the approval of the 28 April 2& minutes. Commissioner Russell related that on page l line 27 relating to a motion that 29 were moved by Vice- Chairperson Oliveros. The language should read Moved by Chairperson 30 Robaina. Commissioner Russell further indicated that the minutes should be amended to reflect 31 discussion held regarding a letter submitted by Habitat for Humanities was very limited. There 32 was important discussion about imminent domain and other issues. It should be noted that 33 Commissioner Feliu also expressed concern about the timing of the letter. 34 35 There being no further discussion, the motion to defer passed by a 7 -0 vote. 36 37 Member Bethel: Yea 38 Member Bowman: Yea 39 Member Feliu: Yea 40 Member Anderson: Yea 41 Vice - Chairperson: Yea 42 Member Russell: Yea 43 Chairperson Robaina: Yea 44 45 3. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 46 REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS, Community Redevelopment Agency 2 Minutes - June 7, 1999 1 AUTHORIZING THE EXECUTION OF AN INTERLOCAL 2 AGREEMENT BETWEEN MIAMI -DADE COUNTY, THE CITY OF 3 SOUTH MIAMI AND THE SOUTH MIAMI COMMUNITY 4 REDEVELOPMENT AGENCY. 5 6 Ms. Morris, CRA Director indicated that this is a very important item that must be 7 approved by this Board before it can go to the Miami -Dade County Commission for its approval. 8 This should be done before October 1, 1999. She indicated that this issue is important enough 9 that if the Board decided to have a public workshop there would be enough time to have one. 10 11 Member Bethel supported having a public workshop. He said the public should be 12 involved in this process. 13 14 Mr. Delaney expressed the need to get this issue taken care of by June 27, 1999. 15 16 Commissioner Russell inquired about the 10% administrative cost provision. 17 18 Ms. Morris related that this was one of Miami -Dade County Commissioner Reboredo's 19 stipulations. 20 21 Mr. Delaney recited what was meant by administrative cost or any continuing cost that 22 exist regardless of the program. 23 24 Member Russell inquired about the annual progress reported to OCED and suggested that 25 the report be submitted more frequently than annually. She further related that a 50 % limitation 26 has been put on the Ad Valorem tax increment and commented that everyone should be happy 27 with that. She inquired about proposed CRA Social Service projects and whether or not the City 28 would be providing funds for them. 29 30 Mr. Delaney said that Miami -Dade County Commission members would be asking what 31 type of programs this City has in mind for the next fiscal year that can be defined as social and 32 educational. 33 34 Member Russell indicated that the City had great program initiatives already. She 35 divulged that on tonight's Commission Agenda is a funding request from the Parks & Recreation 36 Department for sporting activities that would assist the young people in the Community as well 37 as social services. 38 39 Chairperson Robaina mentioned that Wounded Healers, Inc., was another example of a 40 social service program. He referenced the TIF Revenue that would be coming from Miami -Dade 41 County as a result of the Shops At Sunset Place and voiced that there has been criticism from the 42 certain residents that CRA hasn't doing anything for the Community. He expressed that no 43 money has been generated from the TIR The only funding the CRA has received thus far has 44 come from private donations which the CRA has been very innovative with. He said this issue 45 continues to come up. 46 Community Redevelopment Agency 3 Minutes - June 7, 1999 1 Manager Scurf said there has been some different interpretations about the level of social 2 service funding. The City will continue to provide funding for its current social service 3 programs (e.g. After SchoolHouse). 4 5 Member Russell brought up the subject of the independent auditing firm. 6 7 Manager Scurr shared that discussions were held about reconvening the City's Finance 8 Committee Panel to consider one of the other auditing firms that had submitted a proposal for 9 this purpose. He asked General Counsel Dellagloria if an audit was needed for this current fiscal 10 year. 11 12 General Counsel Dellagloria said in order to establish good faith with Miami -Dade 13 County it would be a good idea to audit the private funds received. 14 15 Chairperson Robaina asked that this process be implemented so that the audit can take 16 place. 17 18 Commissioner Russell asked about the CRA's 5 -Year Plan. 19 20 Mr. Delaney said Miami -Dade County had committed to the City's CRA for five years 21 and requires that the CRA comes back before them six months before that five year expiration 22 date at which time the CRA would be graded. 23 24 General Counsel Dellagloria related that Florida Statutes allows for a certain life span. If 25 the City's CRA did not get another approval after the five years the CRA is over. He 26 emphasized that the first five years were very important. 27 28 Manager Scurf said there is an on- going issue about what funding Miami -Dade County 29 was going to approve. (e.g. Trolley funds). The County would like to approve any non -TIF 30 generated revenue funds. A number of those funds have been placed into a CRA account. 31 Administration needs to reassess the advisability of doing that. 32 33 Ms. Morris recommended separating the non -TIF funds from TIF funds. She further 34 shared her rationale for this recommendation. She said that non -TIF funds would also be 35 included in the audit. 36 37 Mr. Delaney pointed out that Miami -Dade County had won the argument of having the 38 City's entire Revenue budget approved by them including the non -TIF revenue. By putting 39 those types of funds into a City account will avoid that entire process. He said the City wouldn't 40 be able to move fast enough if all of the funding has to be approved by Miami -Dade County. 41 42 Chairperson Robaina related that he understood why Miami -Dade County had imposed 43 this restriction. 44 45 Ms. Morris reminded everyone that Miami -Dade County was giving to the City of South 46 Miami approximately 15 — 20 Million dollars over a thirty -year period because of the CRA. Community Redevelopment Agency 4 Minutes - June 7, 1999 .t,aT ��,.R,.:,�, z -, r ., . -,,� -• ,•,. _�� ... �� ;sue .�->:. 1 2 Member Bowman asked for clarification as to whether it was a must that the CRA funds 3 be connected to the City. 4 5 Mr. Delaney related that only the non -TIF (private funds) that the CRA has raised so far 6 is currently in a CRA account. Those funds will now be shifted to a City of South Miami 7 account with designation for CRA activities. 8 9 Member Russell broached the Interlocal Agreement with Miami -Dade County and 10 inquired about the County's budget format. She related that she'd like to know what a County 11 budget format looked like and if it differs from the City's. 12 13 Mr. Delaney said this is one of the issues he would be inquiring about. 14 15 Member Russell asked to be provided with a copy of this information as soon as it has 16 been received by staff. 17 18 Member Russell related the CRA Plan clearly states that the CRA is not a social service 19 agency. She said that she did not understand why the City had to identify social service projects 20 and provide funding annually for those projects through the City's General Fund. She 21 questioned how much more of a commitment was required from the City. 22 23 Mr. Delaney indicated that Miami -Dade County did not specify a number. 24 Communication from Commissioner Reboredo indicated that this was one of the conditions for 25 his voting in favor of this item. 26 27 Member Russell asked about the deadline for the Tax Increment. 28 29 Mr. Delaney related that this money is due to the City by October 1'. Pursuant to Florida 30 Statutes if it is not paid by January l st interest is owed. 31 32 Member Russell referenced page 15, section 2 of the- Interlocal Agreement. She asked if 33 consultant fees came out of the administrative expense. 34 35 Mr. Delaney said that consultants are not a part of the administrative cost. 36 37 Member Russell referenced Section D relating to Bond issues and asked if the CRA 38 entered into indebtedness would the City be held liable. 39 40 Mr. Delaney replied "no ". 41 42 Member Russell related that that provision was not very clear. 43 44 Ms. Morris indicated that this was clear in the Florida Statutes. 45 Community Redevelopment Agency 5 Minutes - June 7, 1999 1 General Counsel Dellagloria said Florida Statutes it provides for the option of going 2 through the City or the CRA Agency. He explained his rationale for not objecting to the current 3 language. He said the CRA is only a five -year at a time proposition, therefore the City may not 4 want to lose the flexibility of this language. This Interlocal agreement would give the City the 5 ability to go out and do abond issue for purposes of implementing the Plan. 6 7 Member Russell said that there were several options listed asked for clarification 8 purposes how would one decide what to do with the left over funds? 1) Would the funds be 9 returned to the taxing authority; 2) used to reduce the amount of the indebtedness; or 3) deposit 10 in escrow account for later use for indebtedness; and 4) or appropriate to specifically 11 development. 12 13 Mr. Delaney said the Statutes provides for four options which the CRA gets to pick as 14 long as the project was in the CRA Plan and is an approved budgeted item which has been 15 approved by Miami -Dade County. If those two options are met CRA then has the option of 16 taking action on any one of the four. 17 18 General Counsel Dellagloria reminded everyone that when the first Interlocal Agreement 19 was drafted Miami -Dade County did not follow the statues and only gave the City Option No. 1. 20 21 Member Russell referenced the housing element and indicated that there has been such a 22 concern that the CRA would displace people. She said this agreement is in conflict with what is 23 in the CRA Plan because it provides for the displacement of people. She suggested discussing 24 this issue at the public workshop. She further related that she'd received phones calls regarding 25 CDBG and OCED Funding. She asked that the following questions be answered now or the 26 CRA Workshop. 1) Who executed the sub- recipient agreement with Dade County for CDBG 27 money? Administration's answer was the City. 2) Who holds the checkbook? Administration's 28 answer was OCED . However, this is not a part of the Interlocal Agreement. 3) How is the 29 money channeled and how soon would it be received as each project comes up? 30 Administration's answer was that the City got reimbursements from OCED. She said at the 31 beginning promises were made to the people in the CRA area that they would not be displaced. 32 She asked that the displacement of people and eminent domain issues be discussed at the public 33 workshop. She indicated that there is a conflict between part 570 of the HUD agreement and the 34 Interlocal, which she didn't understand. She related that she'd not had a chance to review it and 35 hadn't been provided with a copy. 36 37 Chairperson Robaina related that this workshop would be a useful tool for those 38 individuals that didn't have a clear understanding of the CRA process. 39 40 Manager Scurr shared that he'd met with a concerned citizen earlier today and voiced his 41 opinion that there is a general confusion with the CDBG funding the City has received for 42 several projects. He emphasized that those grant funding didn't have anything to do with the 43 Interlocal Agreement, housing or the relocation of people. 44 Community Redevelopment Agency 6 Minutes - June 7, 1999 1 Member Russell related that these issues are concerns of some residents and needs to be 2 addressed. She said that the housing element is in the Interlocal Agreement and clear 3 clarification was needed in order to have the questions answered during the public workshop. 4 5 Chairperson Robaina encouraged those individuals with questions to bring them forward 6 so that they could be answered during the workshop. 7 8 Ms. Morris suggested having individuals submit their questions in writing so that they 9 could be answered during the workshop. 10 11 Member Bowman asked for clarification purposes if the CRA had anything to do with the 12 HUD Project. 13 14 Chairperson Robaina replied that that is a separate matter. 15 16 Manager Scurr said it would be a different situation if the CRA had received a grant for 17 housing in the CRA area this would be a different thing. He related that the HUD Housing is 18 operated by Miami -Dade County through the Federal government. 19 20 After there was no further discussion on this item by unanimous consent of the CRA 21 Board a workshop was scheduled for Monday, June 28h from 6:30 - 8:30 p.m. A CRA meeting 22 was scheduled for 8 :30 p.m., with a Special City Commission meeting scheduled to commence 23 soon thereafter. 24 25 C. Request from Habitat for Humanities 26 Ms. Morris indicated that the Agency members had received a letter from Habitat for 27 Humanities asking that the CRA reimburse them for some of the cost associated with building 28 homes in the CRA 29 30 Ms. Elizabeth Manning, Executive Director of Habitat for Humanities appeared before 31 the City Commission to vocalize Habitat's request for certain reimbursements. She indicated 32 that Habitat for Humanities had to bear the expense of having to put in a water main on 66h 33 Street. She related that the two big expenses were the School Impact Fee and sewer hook -up 34 fees or installation, of septic tanks. She further suggested having the CRA reimburse Habitat for 35 Humanities for the liens that have been placed on those properties acquired by them. 36 37 Member Feliu communicated that at the end the City would win because Habitat for 38 Humanities would improve the property and put it back on the tax roils. He shared that he 39 considered this request an investment. 40 41 Chairperson Robaina concurred with Member Feliu's comments and voiced his support 42 of Habitat for Humanities. He referenced the possible liens on a piece of property and said that 43 he did not want to see CRA funds used for that purpose. 44 Community Redevelopment Agency 7 Minutes - June 7, 1999 1 Member Russell remarked that the CRA would certainly want to assist anyway that it 2 could. She voiced her opinion that the Board could not make a decision at the dais tonight about 3 the financial aspect of this request. 4 5 Ms. Morris interjected and said that this is something that can be considered during the 6 budget process. 7 8 Manager Scurr informed the Agency members that there were different types of liens. 9 Most of these properties have a significant number or liens from all sources. Some are Miami - 10 Dade County tax liens and some of City of South Miami Code Enforcement liens. 11 12 Member Bowman asked if CRA funds could be used for this type of situation. 13 14 Ms. Morris indicated that this was in the CRA Plan. 15 16 Mr. Delaney related that the CRA Plan provided for partnerships between the CRA and 17 other entities as long as this development is in the target area. 18 19 Member Bowman asked, if a property owner wanted to put a business on their land 20 would the CRA provide funding for this purpose. 21 22 Mr. Delaney said the CRA has the authority to loan the property owner money, buy 23 property and sell it at a discount rate or give them guaranteed loans which would assist in getting 24 the necessary funds from a bank. 25 26 Member Russell referenced the wonderful contributions Wounded Healers, Inc. and 27 Habitat for Humanities were making. She shared that she'd worked on a Habitat house and 28 voiced that this is a great opportunity and training mechanism. 29 30 Mr. Delaney asked if the Agency wanted to invite Habitat for Humanities to the CRA 31 Advisory Board meeting during the budget discussions. 32 33 Manager Scurr related that this really points out how important this budget process is. 34 35 By acclamation the Agency members sent this request to the CRA Advisory Board. 36 37 Member Feliu referenced an ERPB fee of $350.00 and asked that for Miami -Dade 38 County purposes would it be better for the CRA to pay this fee or waive it. 39 40 Manager Scurr mentioned that the variance fee was $1,500.00, which isn't in this 41 equation. On the City side there are also cost incurred and if there were a matter of policy to 42 waive the City would have the ability to do that. 43 44 Chairperson Robaina inquired as to how this was handled in other cities. 45 46 Mr. Delaney said that it has been done either way. Community Redevelopment Agency 8 Minutes - June 7, 1999 1 There being no further discussion on this item, the discussion was closed. 2 3 D. Public Comments 4 Mr. David Tucker, Sr., of 6556 SW 78h Terrace appeared before the City Commission to 5 share his philosophy about the CRA, as it related to the Interlocal Agreement. 6 7 Chairperson Robaina reminded Mr. Tucker that his questions regarding the Interlocal 8 Agreement would be addressed during the public workshop. 9 10 Mr. Delaney indicated that he'd like to spend some time with Mr. Tucker to go over his 11 concerns with the Interlocal Agreement prior to the workshop. 12 13 General Counsel Dellagloria said most of the language Mr. Tucker was referring to (Sub - 14 section 12, page 7) in the Interlocal Agreement was taken verbatim from the State Statute. 15 16 E. Staff Comments 17 Ms. Morris referenced the proposed Simon/Comras development and asked Mr. Delaney 18 to address this issue. 19 20 Mr. Delaney voiced his opinion that the Simon/Comras Group is still thinking over the 21 feedback they'd received from the CRA Board previously. He said the ball was in the 22 developers' court. He said that he would make contact with this company to indicate that the 23 CRA is ready and waiting and negotiations are still open. 24 25 Member Russell asked if the Simon/Comras Group was not responding to the CRA since 26 its last presentation. 27 28 Mr. Delaney replied, not officially. 29 30 Ms. Morris referenced the CRA Tour to Delray Beach, Pompano, and Boca Raton 31 projects. She voiced anticipation of this being a very exciting and worthwhile Tour. She 32 detailed the scheduled time of departure from and return to City Hall on Saturday, June 19`h. She 33 related that she'd sent letters out to the Chairpersons of the different City Boards and 34 Committees and is awaiting responses. She said that she would also send out a reminder notice 35 to these same individuals. 36 37 Ms. Morris referenced the Privatization of the HUD Homes. She reported that a meeting 38 was held with Rene Rodriguez who'd suggested that they request a meeting with other county 39 staff that would be involved in this process so that they could outline all of the things that need to 40 be done to facilitate this endeavor. A further suggestion was made to involve the CRA Advisory 41 Board as well as the .residents in this complex. She related that administration is working very 42 aggressively in an effort to get this project moving. 43 44 Chairperson Robaina shared that Manager Scurr and he had had a prior meeting with Mr. 45 Rodriguez who'd indicated at that time that there was interest from developers and Habitat for Community Redevelopment Agency 9 Minutes - June 7, 1999 .��a.. ;._ -ass^,. , ..,.rr + -•moo �srfiei� ,. �.- �ss.�.w� i 1 Humanities in pursuing this issue. However, this matter was pushed aside. He asked if this 2 undertaking could be re- activated. 3 4 Ms. Manning provided the CRA members with a status report on this proposal. She 5 conveyed Habitat for Humanities' interest in doing this project. 6 7 Mr. Delaney voiced his commitment to getting this matter considered and outlined his 8 plan of action for this purpose. 9 10 Chairperson Robaina conveyed his support of Habitat for Humanities for its efforts and 11 voiced his understanding and frustrations of having to work with the bureaucracy of Miami -Dade 12 County. 13 14 Mr. Delaney said that this issue would be reported on during the monthly CRA meetings. 15 16 Member Feliu inquired about the record of success from other similar privatization 17 projects throughout the country. 18 19 Mr. Delaney said that there has been privatization but did not know if it specifically 20 related to Habitat for Humanities. 21 22 Vice Chairperson Oliveros indicated that this had occurred in the Bronx. He said that 23 during the National League of Cities conference he'd spoken with one of the elected officials 24 who detailed the process that was used for this purpose. 25 26 Ms. Morris shared that Ms. Plummer, a member of the CRA Advisory Board mentioned 27 that there was a similar project in Philadelphia. She said that she would go on the Internet to 28 research this issue and provide additional information to the Agency members. 29 30 Member Feliu indicated that the HUD homes, constitutes a large percentage of the City's 31 CRA. 32 33 Ms. Morris referenced the quick- victory project - beautification efforts at the South 34 Miami Post Office and indicated how nice this area now looks. 35 36 Chairperson Robaina shared that a call had been received from the Post Master General 37 requesting a meeting with City representatives. 38 39 Ms. Morris referenced the CRA Advisory Board Update. She said this Advisory Board 40 had its first official meeting and hinted that it was a very good one. A Chair and Vice -Chair had 41 not been selected at that time however it would be taken care of at the next scheduled meeting as 42 well as setting a date for a public workshop. 43 44 Mr. Delaney voiced appreciation to those members of the CRA Advisory Board that were 45 present in tonight's audience. 46 Community Redevelopment Agency 10 Minutes — June 7, 1999 1 General Counsel Deilagloria advised the Board members that their financial disclosure 2 forms had to be filed by July 1" 3 4 F. CRA Board Comments. 5 Vice - Chairperson Oliveros said that sufficient notice about the workshop to discuss the 6 Interlocal Agreement is being given and asked everyone to come prepared to review this 7 document. He further congratulated Ms. Anderson on her marriage. He related that she would 8 be missed because she was a great asset to this community. 9 10 Member Anderson related that she is leaving South Miami but her heart is still here. She 11 thanked the CRA Board for having her as a part. 12 13 Member Russell referenced concerns raised by Member Feliu at an earlier Commission 14 meeting regarding Mr. Delaney's involvement with the negotiations of the 7l t Street project. 15 She asked Member Feliu if the answer Ms. Morris had given at that time sufficient? 16 17 Member Feliu related that his questions were more of a technical nature of what is 18 required for that particular property as opposed to the property on 73rd Street. He said there were 19 also some financial aspects that he was concerned with. He related that Mr. Delaney had 20 satisfied his questions regarding that issue. 21 22 Member Russell shared that she had a list of phone calls from the City Manager's office 23 which totals as many as 10 to 12 calls a day to Mr. Delaney's phone number. She conveyed that 24 she was curious as to whether or not it was necessary to place so many calls. 25 26 Ms. Morris explained that Mr. Delaney has been working for the City for about 96 hours 27 a month, three days a week. However, he has been accessible to the City everyday. Mr. Delaney 28 physically spends between 1 and 1 '/2 days at, City Hall. The other hours that service is being 29 provided is through the fax machine and telephone calls. She opined that it should raise a flag if 30 there were no phone calls. She further related that there have been times when Mr. Delaney has 31 e- mailed documents to her for the CRA's use. 32 33 Member Russell thanked Ms. Morris for this explanation. 34 35 Member Feliu reiterated his earlier comments about making the privatization of the HUD 36 homes top priority as well as continuing to assist Habitat for Humanities with its efforts. He 37 further conveyed that he would miss Ms. Anderson's presence on the Board. 38 39 Member Bowman voiced his disappointment in not being able to attend the CRA tour. 40 41 Member Bethel thanked Habitat for Humanities for the wonderful job it is doing in the 42 City of South Miami. 43 44 Chairperson Robaina encouraged everybody to come to the workshop scheduled for June 45 28th. He voiced his delight at having the Habitat for Humanities issue pursued. He further 46 congratulated Member Anderson on the occasion of her pending marriage. Community Redevelopment Agency 11 Minutes June 7, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 There being no further business to come before this Body, the meeting adjourned at 9:00 p.m. Approved Attest: Secretary Community Redevelopment Agency 12 Minutes - June 7, 1999 Chairperson City of South Miami Community Redevelopment Agency Minutes March 1, 1999 The City of South Miami Community Redevelopment Agency met in regular session on Monday, March 1, 1999 beginning at 7: 30 p.m., in the City Commission Chambers, 6130 Sunset Drive. The following members of the Agency were present, Chairperson Julio Robaina, Vice - Chairperson Armando Oliveros, Jr., Members Horace G. Feliu, David D. Bethel, Mary Scott Russell, and James Bowman with Rubystine Anderson arriving at 7:40 p.m. Also in attendance were CRA Consultant Don Delaney, CRA Director Diana Morris, CRA General Counsel John Dellagloria and CRA Secretary Ronetta Taylor. Approval of the Minutes: January 19, 1999 and February 16, 1999 Moved by Member Bethel, seconded by Vice- Chairperson Oliveros to approve the minutes as presented. There being no discussion, the motion passed by a 6 -0 vote. Member Bethel: Yea Member Bowman: Yea Member Feliu: Yea Vice - Chairperson Oliveros: Yea Member Russell: Yea Chairperson Robaina: Yea Trolley Update CRA Director Morris outlined the new trolley route; each day two loops would be ran with the first loop stopping at South Miami Hospital, City Hall/Library, Metrorail and Shops At Sunset Place; the second loop will stop across from the Senior Citizen building [62nd Avenue] making the service accessible to Lee Park and surrounding areas, City Hall, Winn Dixie, and Metrorail. She said that signs announcing approximate pick -up time for the additional trolley stops would be posted. She said that from 5:00 p.m., until stopping time the trolley route would include Metrorail, and the Shops At Sunset Place. Ms. Morris informed the Agency members that the advertising features would be erected along the side of the trolley within the next couple of days. This would allow for advertising which would generate additional revenue. Chairperson Robaina and Member Russell indicated that they'd been told that the trolley hasn't been completing the entire route. Member___ Russell recommended Sunday,.... route...to.., accommodate individuals .going to and coming from the local churches. She asked that administration check into the feasibility of adding a route. Ms. Morris said that she would check into this. REGULAR CRA MINUTES 1 MARCH 1, 1999 Mr. Delaney said that once the trolley route has stabilized, the CRA would have a product to sell [advertising space]. Paint Up /Fix Up Project Ms. Morris related that this project was moving slowly somewhat due in part to the illness of Reverend Green. Three homes have already been identified for the initial phase of this project. Member Bethel commented for clarification purposes that this paint up /fix up project would only include the outside painting of homes. Chairperson Robaina emphasized the importance of fixing up the City owned property located next door to the post office. Ms. Morris said that administration was already working on this issue. Valet Parking Ms. Morris recounted that at the last CRA meeting the Agency had suggested that administration look into valet parking services with the possibility of utilizing the City's property for this purpose. She indicated that CRA staff is no longer involved with this issue because Manager Scurf had directed Mr. Rodriguez, the City's Public Works Director to review this matter. Chairperson Robaina asked what type of improvements would be made to this property. Ms. Morris said some of the improvements being considered involves moving the fence surrounding the property back 7 feet., with landscaping fronting the property. She said that at some point the City might want to consider removing the building currently located on the property. Manager Scuff related that at this particular time because the building can be utilized to provide some sort of shelter from the elements, administration had not envisioned removing the building. Chairperson Robaina asked where would the potential revenue from valet service be deposited in the CRA or General Fund budget? Manager Scurr said the funds would be deposited in the City's General Fund. Member Bethel voiced concern with the lack of security at this property. He voiced his understanding that the Shops At Sunset Place are also utilizing the property. Manager Scurr said that discussions were held with the Shops At Sunset Place about allowing them to utilize the property for the staging of trucks for delivery purposes. He said administration became aware today that the Shops At Sunset were utilizing the property to stage for construction dumpsters. He said those dumpsters if not already would be gone by the end of the week. Chairperson Robaina inquired about the process that would be used for the valet parking service. REGULAR CRA MINUTES 2 MARCH 1, 1999 Manager Scurr said the City would go through a bidding process. Administrative Issues Ms. Morris related that the Post Office has put out a request for bids to do the landscape work. Member Anderson shared that some have interpreted the improvements being made at the post office as an indication that it is being relocated from the neighborhood. Interlocal Agreement Mr. Delaney reported that Miami -Dade County has not as of yet scheduled a meeting to discuss the Interlocal Agreement. They did respond to staff proposal as it related to the definition of "revenue." He addressed the concern raised by a resident as to whether or not the CRA Interlocal Agreement had the power to zone or rezone. He said that the CRA Interlocal Agreement gave no such power. He referenced the CRA Plan, Section 2, page 13 holds the zoning powers to the City of South Miami and not the CRA. He referenced Section 4, page 18 of the CRA Plan also holds that power away from the CRA and leaves it with the City of South Miami. He opined that the language was clear however, he would ask the Miami -Dade County Attorney's office to make this language even more clearly indicating that the CRA did not have the power to zone or rezone. Chairperson Robaina conveyed that people were interpreting the CRA Plan differently. He emphasized the importance of making the language explicit enough so that there wouldn't been any margin for error. Training for new CRA Board members and CRA Advisory Board Ms. Morris conveyed, now that there is a full compliment to the CRA Advisory Board and the newly appointed members of the CRA it would be most beneficial to do a training session. Mr. Delaney emphasized the importance of the training session for the CRA Advisory Board and newly appointed CRA members. He said this could also be a refresher course for members of the City Commission. Chairperson Robaina said that he'd like to also open this workshop to the general public. This would provide the citizens with an opportunity to be enlightened as well. Mr. Delaney recommended having a Saturday workshop. He suggested that those individuals with questions should have them written down on index cards and have them available during this workshop. Chairperson Robaina conveyed to the listening audience that this workshop would be a good time for those individuals with questions., and concerns to have them addressed. Semi Annual Meeting and Public Workshop Ms. Morris indicated that this semi- annual meeting and public workshop is another opportunity for public input. There is a provision in the CRA Plan that states that there would be a semi - annual public workshop. REGULAR CRA MINUTES 3 MARCH 1, 1999 Mr. Delaney suggested inviting all those entities that originally participated in the development of the CRA Plan to this semi- annual meeting and public workshop. Commissioner Russell suggested inviting Hometown, Inc. This workshop and semi - annual meeting was scheduled for April 5, 1999 beginning at 7:30 p.m. Tour of other CRA's Ms. Morris identified the municipalities of Delray Beach, Pompano Beach and Boca Raton as possible areas to tour. Vice Chairperson Oliveros indicated that even though it is farther away one of the best possible CRA's is in West Palm Beach. He asked Mr. Delaney his opinion of which CRA's would be most appropriate for the City to visit. Mr. Delaney said that he didn't just want to do all residential or all commercial CRA. Pompano Beach's CRA has a housing project; Delay Beach's, CRA has a mix; Boca Raton's CRA has a tremendous downtown area; and West Palm Beach's CRA has everything from rehabbed homes to the revitalization of downtown. Member Feliu related that he wanted to visit some areas that have been rehabbed. This is the kind of testimonial he wanted to see whereby people who have been living in houses that have been substandard for years because of an unequal policy of "separate but equal" finally getting the opportunity to fix their homes up. Member Russell commented that this is a really great idea. Public Comments Mr. David Tucker, Sr., of 6556 SW 78th Terrace appeared before the Community Redevelopment Agency members to asked that notification of this meeting be sent to the other members of the Community Redevelopment Agency Advisory Board. He reminded everyone that the Charter of the City of South Miami is the law by which all things should be governed. Mr. Delaney told Mr. Tucker that providing notification to the Community Redevelopment Agency Advisory Board was a very good suggestion. Mr. Randy Wiscombe of 6821 SW 77th Terrace appeared before the Community Redevelopment Agency members and suggested including the City's Planning Board members along on the CRA Tour. Mr. Ralph Smathers, appeared before the City Commission to voice his concern about the proposal to build the 500 space- parking garage [71" Street Parking garage]. He opined that an adequate study has to be made to support this structure. He related that in order to build on this site the property where Mario's Cleaners is located would have to be acquired. He indicated that Mario has three years left on this lease. He shared that he'd spoken with the owner of property where Mario's Cleaners is located and shared that the Comras Group did in fact have an option to buy the property. That purchase would however, be subject to Mario's lease. He said one of the things that will be seen in South Miami if this garage is allowed to be built would be a heavy use by tour buses. REGULAR CRA MINUTES MARCH 1, 1999 Mr. Smathers said that he saw a considerable opportunity for conflict of interest between the CRA and the City of South Miami in the fact the manager of the CRA is also a high level executive of the City of South Miami. He said this conflict directly relates to this particular project because the citizens of the City of South Miami own the property in question. He opined that there is a lot of money involved with this proposition and a lot of opportunity for the developer. He then referenced a newspaper article written in the Miami Herald Neighbor's section and quoted a remark made by Ms. Morris regarding this issue. He said there is no way that he can believe that the assistant City Manager for the City of South Miami would propose a situation like this with something that is as important as this. He said this issue obviously has to be put out for competitive bid. Vice - Chairperson Oliveros told Mr. Smathers that this project was put out for competitive bid. He said there were three interested parties initially involved with only company submitting the final documents. Mr. Smathers related that he'd not seen any of this information in the newspaper prior. He said that he'd been here long before if he'd known that there was any possibility that anybody was thinking of putting a 500 space garage on the 71" Street property. Chairperson Robaina said that an RFP &Q was put out. Mr. Delaney said that the interested parties had to pay $10,000.00 just to make the proposal with an additional $15,000 being paid by the selected proposal. Mr. Smathers asked if the building concept been designed as of yet. Vice- Chairperson Oliveros said that conceptual drawings were presented at the last meeting. Mr. Smathers indicated that he got most of his information from the local newspaper. CRA General Counsel Dellagloria informed Mr. Smathers that he'd be more than happy to meet with him at his convenience to go over any type of legal matters or questions he might have in regard to the Agency. He said in that way some of the issues that may not be issues at all can be put to bed. Chairperson Robaina conveyed that Mr. Smathers is one of the City's very informed citizen and if he was having, difficulties with this issue just think what less informed citizens are experiencing. Mr. Smathers shared that when this presentation was made before at the last CRA meeting the cable transmission was so bad no one understood what was going on. Member Feliu conveyed that this is an equipment problem which administration is working diligently to correct. Chairperson Robaina indicated that Ms. Diaz, the City's Public Relations and Communications Officer would be working to get the word out to the community via a City REGULAR CRA MINUTES 5 MARCH 1, 1999 Newsletter that would be mailed to every resident. He shared that part of the problem in the past has been a lack of communication. Member Feliu shared pursuant to an article in the Miami Herald the City of Coral Gables is up in arms over the fact that it is costing them an enormous amount of money to handle the overflow of sewage from the Shops At Sunset Place. Vice- Chairperson Oliveros said that Coral Gables should take this issue up at Miami - Dade County's level because that is the entity that approved the construction. He said the complaint has to do with Miami -Dade County Sewer System not the City of South Miami. Staff Comments There were none. General Comments Member Russell asked that the minutes be provided to the Community Redevelopment Agency members the Friday prior to the Agency meeting. She further conveyed that a nameplate should be ordered for the General Counsel. Chairperson Robaina shared that he'd been approached about the possibility of having the account receivable /payable printed in the local community newspaper. There being no further business to come before this Agency, the meeting adjourned at 8:15 p.m. Attest: Approved Chairperson Secretary REGULAR CRA MINUTES 6 MARCH 1, 1999 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor & City Commission DATE: 7/30/99 FROM: Ronetta Taylor, CMC RE: May 18,1999 Minutes ------------------------------------------------------------------------------------------------------------------ I am forwarding to you a copy of the May 18'h City Commission minutes with the additions voted on at the June I" City Commission meeting. City of South Miami Regular City Commission Minutes Tuesday, May 18,1999 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular Session on Tuesday, May 18, 1999 beginning at 7:50 p.m., in the City Commission Chambers, 6130 Sunset Drive. The following members of the City Commission were present. Mayor Julio Robaina, Vice Mayor Armando Oliveros, Jr., Commissioners David D. Bethel, Horace G. Feliu and Mary Scott Russell. Also in attendance were City Manager Charles D. Scurr, Assistant City Manager /Planning Director Subrata Basu, City Attorney Earl G. Gallop and City Clerk Ronetta Taylor. A. Invocation: Commissioner Feliu delivered the Invocation. B. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. C. Presentation(s): Jorge Garcia - Cultural Affairs Council /Xavier Cortada "Key" Mayor Robaina acknowledged and invited Mr. Jorge Garcia, Javier Acosta and Xavier Cortada to come forward for comments about the mural being presented at tonight's meeting. Mr. Garcia, a representative from the Cultural Affairs Council appeared before the City Commission and thanked the Mayor and City Commission for their appreciation of the arts and for allowing them to have the ArtExpo in South Miami. Mr. Cortada, the Artist that was showcased at the ArtExpo event appeared before the City Commission and shared that the last time he was before this Body he talked about the idea of creating a mural during ArtExpo. He related that little did he know that the South Miami Senior High School of the Arts was going to do such a wonderful job. He acknowledged Mr. Richardson the Art Teacher at South Miami Senior High School. Mr. Mike Richardson, School appeared before the Cortada and related that he REGULAR CITY COMMISSION MINUTES - May 18, 1999 Art Teacher from City Commission brings out the 1 and best South Miami High acknowledged Mr. in everyone. He further acknowledged and introduced the students involved in this project: Katherine Furniss, Serena Norris, Paul Bucklin, Claudia Villalta, Tasha Lopez de Victoria, Diana Cruz, Vickie Capote, William Wong, Daniel Creech and Yam Gonzalez. Mayor Robaina related that he would be taking "Certificates of Appreciation to South Miami High School for presentation to these students. He invited the students to bring their artwork to City Hall so that it can be showcased. At this time he presented Mr. Xavier Cortada with a "Key to the City." Mr. Cortada related that he was telling the students a few minutes prior about how honored they should be because today a piece of art they'd created before they step foot into their first Art College or sell their first piece of art officially have their artwork in a public place. He conveyed that the mural was truly a magnificent piece of art. He also thanked the representatives from the Cultural Affairs Council Mr. Garcia and Mr. Acosta for putting together the ArtExpo event in South Miami. Jane Chambeaus — "Key to the City" Mayor Robaina introduced Ms. Jane Chambeaus and presented her with a "Key to the City" for her outstanding contributions to the Community. He related that Ms. Chambeaus has held art exhibits at First National Bank of South Miami. She is currently working with South Miami Hospital. The Victor Clarke Center will soon thanks to Ms. Chambeaus be converted into an area where art can be exhibited. He related that when it comes to showcasing art Ms. Chambeaus has become an ambassador to the South Miami community on an international level. Ms. Chambeaus related that it was pleasure to work with Mayor Robaina who is doing a wonderful job. She conveyed that she would like to do more. Vice Mayor Oliveros appeared before his colleagues to share that within the last couple of weeks there has been a little dissention on the Commission between himself and Commissioner Feliu. He presented his colleagues with plastic bones with Commissioner Feliu receiving the largest one. He related that he did this with jest and love and all respect. He said that he wanted the citizens to know that the Commission members take their jobs seriously and speak their peace and make peace. Mayor Robaina thanked Vice Mayor Oliveros for this presentation. He related that Vice Mayor Oliveros was a class act and this Commission enjoyed what it did here as well as each other. He thanked all the individuals who'd either received or gave presentations for coming out to tonight's meeting. REGULAR CITY COMMISSION 2 MINUTES - May 18, 1999 ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - May 4, 1999 Commissioner Russell amended the minutes as follows "page 12, line 46 to add the following language "I have to agree with Vice Mayor. I'd like to know what the exposures are and all the options... and any actions as far as background. It's one line as far as action. There is no background. There is no way to base a decision on that and we don't have the right to sit in judgment. I think a little more time is probably more warranted. Do you see any problems in extending this as long as a thirty (30) to sixty (60) days "; page 24, line 41 change the language from "removal of the gigantic oak tree" to somehow preserving the gigantic oak tree." and page 37, line 47 change 62 "d Avenue to 57th Avenue. Moved by Commissioner Russell to approve the minutes with the above - mentioned corrections, this motion was seconded by Vice Mayor Oliveros. There being no further discussion, the motion to amend passed by a 5 -0 vote. Commissioner Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Vice Mayor Oliveros: Yea Mayor Robaina: Yea There being no further discussion on the minutes as a whole, the motion passed by a 5 -0 vote. Commissioner Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Vice Mayor Oliveros: Yea Mayor Robaina: Yea 2. City Manager's Report: Manager Scurr related that the next couple of weeks promise to be very exciting. The Star Wars movie starts tonight with the first showing at 12:01 a.m. He related that the show is totally sold out for the next couple of weeks. On May 21St the City will be visited by Mr. Ricky Martin who is known as the hottest singer on this planet and is featured this week on the cover of Time Magazine. A crowd of between 10 -15 thousand is expected to be at the SHOPS on Friday. Also coming up on May 29th is the battle of the Junkanoos at Murray Park. That weekend also starts the REGULAR CITY COMMISSION 3 MINUTES — May 18, 1999 college baseball world series. Although these events are very exciting and good for the city there is also a very serious side for getting ready for a major event. He invited Captain Feldman to bring everyone up to speed on this issue. Captain Greg Feldman appeared before the City Commission and related expectations of having every Star Wars show sold out for the next two to three weeks. He related that extra police officers and one additional officer to the ones that are already on duty there would be in the lobby area from 6:00 p.m. until midnight to handle the crowd. He said there are at least three officers in the garage almost the entire time now that the garage is open. He anticipated that this would cut down on any type of confrontation that would occur within the garage. They would also be used to expedite the traffic in and out of the garage. He related that there is going to be a lot of traffic. A lot of people will be coming down and the last time the City was faced with this was at the grand opening. Captain Feldman related that Ricky Martin is going to appear at Virgin Megastore. He said that Mr. Martin is going to come in and begin signing autographs at 5:00 p.m. He related that Virgin Megastore and Columbia Sony have pre -sold cassettes and wrist bands to seven hundred and fifty (750) people. Those people would be allowed to see Mr. Martin and get an autograph. He said if there is anything left some of the general public will be able to get in. He said an estimate between 8 and 12 thousand people are expected to be at this event. A number of police officers would be there both in uniform and plain clothes that would be handling the crowd control and security for Mr. Martin. He said all of the extra personnel that are being used for Mr. Martin's appearance are being paid for by private funds. Mayor Robaina related that Y -100 would be here transmitting live from 2:00 p.m. to 6:00 p.m. Captain Feldman related that NBC Six will also be doing their news cast at 5:00 p.m. from there. Manager Scurr said that additional precautions were being taken in terms of re- inspecting and having the SHOPS re- inspect all the banisters and railings. A lot of the street furniture has been moved out of the way to accommodate the people that are going to be there. Captain Feldman related that staff had also met several times with representatives from the SHOPS and Virgin Megastore. Great pains have been taken to make sure as best as humanly possible that this is a safe event. He shared that he'd also spoken with other municipalities that have been faced with REGULAR CITY COMMISSION 4 MINUTES - May 18, 1999 similar events [Miami Beach] . He related that he felt very comfortable with the preparations that have been made. Vice Mayor Oliveros suggested having someone from the City or a public service group at the Metro -rail parking garage during peek hours. He said that he really wanted to know how many people were going to use that parking garage when there is a traffic jam. He conveyed his feelings that no one is going to use it but keep driving around in the downtown area looking for a parking space. He related that this would give the City an indication as to whether there is a parking problem in the downtown area. He said this would be a good weekend to do this. Commissioner Feliu shared that he'd received a letter regarding the security issue that people perceive with the Metro - rail parking garage and the lighting or when there is a charge or no charge for parking. He opined that if these issues are addressed more people would park in the garage. Manager Scurr related that the trolley will be up and running and people would be encouraged to use the Metro -rail garage and utilize the trolley. Mayor Robaina shared that he'd be mentioning during his 8 :30 a.m. broadcast on Y -100 that for an event like this to ride the Metro -rail and use the Metro -rail parking garage. Manager Scurr related there is a little bit of a conflict right at 5:00 p.m. because the day parkers plus the new parkers will both be utilizing the parking facility. a. Special Discussion - Code Enforcement Ordinance (Mayor Robaina) Manager Scurr said the second draft of the New Code Enforcement Ordinance is being worked on. The first reading is proposed for June lst with second reading and public hearing scheduled for June 8th. He said this is a little unusual because of the ten -day advertisement requirement on public hearings the City will need to advertise in advance of the first reading. A special meeting of the Code Enforcement Board is also being called because staff would like their input into the ordinance. b. Special Discussion - Consultant Reporting Requirements (Commissioner Feliu) Manager Scurr explained that Commissioner Feliu had asked some questions and raised the issue of what reporting requirements the City has with different consulting contracts. Typically whenever the City set up a contract with a consultant REGULAR CITY COMMISSION 5 MINUTES — May 18, 1999 the type of reporting that is wanted is put into that agreement. For instance for the City Attorney one gets a very detailed hourly report. Other types of contracts such as with the City's lobbyist is much more performance based. There are other employment type consultant contracts with some of the City's inspectors where they are expected to be there on certain hours and certain days to perform inspections either in the office or out in the field. One of the particular issues that were raised was Mr. Delaney's contract. Under this contract the City gets a detailed quarterly report. He said what administration proposed to do is that when contracts are brought forward in the future with consultants a special point will be made as to what the reporting requirements are for that particular contract to the extent that the City need to have more or less reporting. Commissioner Feliu asked if this would be addressed in ordinance or resolution form to ensure that the public have a right to know how their tax dollars are being spent and know what achievements have been accomplished in respect to the money that has been invested. Manager Scurr said typically what would probably make the most sense would be on a contract by contract basis to talk about what the Commission's expectations are in terms of reporting. This provision would be put into each contract when it is awarded to the consultant. Mayor Robaina referenced the drafting of the new code enforcement ordinance. He related that he'd sponsored this item because he wanted to have it more stringent. He related that he'd received some phone calls on this issue. He said the Commission isn't here to beat up on people but to make sure the ordinances are respected. He noted one particular address 6601 SW 63rd Avenue and commended the individual who wrote him a letter about this problem. He said that the residents need to be his eyes and ears and encouraged others to get involved. He said in this particular case a broken lawnmower was involved which was repaired today. He said administration is working on getting some paint out there and putting the windows in. Manager Scurr reported on the Legislative update and related that the Governor had received the budget and has until May 27th either approve the budget or exercise his veto authority. The City is working very hard in Tallahassee and hopefully all of the City's items will remain. Manager Scurr reported that the City had received a facsimile letter today from a representative from the Historic Preservation Board and there are no historic issues with the Murray Park site. He opined that this is the last hurdle for the REGULAR CITY COMMISSION 6 MINUTES - May 18, 1999 City. He related that a meeting with Tony Crap of OCED is scheduled on next Monday morning and voiced anticipation of receiving the approval letter so that the City can go ahead and mobilize the contractor and begin construction very quickly. Mayor Robaina related that he was glad to hear this new information. He shared a conversation he'd had out in the hallway earlier this evening with Nancy Cobb and her sister who said that the City really wasn't doing anything with the Multi - Purpose Center and its never going to happen. Manager Scurr referenced the dumpsters on Manor Lane and shared that administration has worked with all of the different property owners and none of the dumpsters are now visible from the streets. He opined from an esthetics standpoint this is a real improvement on Manor Lane. Manager Scurr said administration continues to do battle with Miami -Dade County on the stop signs, etc. He reported that Miami -Dade County has authorized two (2) new four -way stops, one on 84th Street and 58th Avenue; and 74th Street and 68th Avenue. Manager Scurr said administration is also continuing to work with Miami -Dade County on restricting some turn movement so that some of the cut through traffic can be stopped both in the Manor Lane and Dante Fascell /Snapper Creek /Epiphany areas. Manager Scurr related that administration is working real hard on some of the beautification items. He informed the City Commission of an item to be added to the agenda relating to activity in Dante Fascell Park. He related that as per the Commission's directions a neighborhood meeting was held at the park on last evening which concluded with a very good compromise plan. Manager Scurr said the City is in the process of beginning some of the tree planting as part of the Snapper Creek Charrette. He related that Commissioner Russell has graciously offered to help administration actually walk door to door to talk to the people telling them where the trees would be planted. The first phase will be concentrated with Live Oaks on the 84th Street median and the first block on 58th Avenue and 83rd Street. Administration is trying to come up with a tree of choice that can be used in areas where the FP &L Power lines are. He voiced anticipation of having some planting done in the Dante Fascell /Snapper Creek area prior to June 1St. Manager Scurr related for those people that were still interested the City still had the gift tree program. REGULAR CITY COMMISSION 7 MINUTES — May 18, 1999 Manager Scurr said the City's newsletter should be published probably by the end of the week the intent is to distribute it to all residents and downtown merchants. Manager Scurr said that Mayor Robaina has been working with the Sister Cities initiative. He related that a letter from South Miami Hospital was just received indicating that they are in fact very interested in proceeding and sponsoring a Sister Cities program. After there were no other questions or comments for the City Manager this report was concluded. 3. City Attorney's Report: Attorney Gallop announced that two more employment discrimination claims have been dismissed by the EEOC. No new claims have been filed. He reported on a hearing before the Miami -Dade County Board of Rules and Appeals concerning the application of the owners of the Shops At Sunset for the retail stores within the development. The City of Coral Gables and other witnesses opposed the extension on the basis that the City of Coral Gables previously certified sewer lines that serves the project and runs through the City of Coral had sufficient capacity for that project. He related that he'd appeared on behalf of the City of South Miami in support of the application for extension. He explained that the sewer line handles all the sewage for the City of South Miami including the Shops At Sunset, the commercial district, South Miami Hospital, etc. The sewer line runs through a portion of the City of Coral Gables as part of a regional sewer system. Coral Gables is one of the few cities that actually owns and operates its own sewer line then ties into a lift station that's owned by WASA. The City of Coral Gables complained they had spent about $600,000.00 to update the sewer system and wanted to return on that money. WASA officials learned that the $600,000.00 wasn't spent on lines relating to the City of South Miami but on upgrading sewer system for Coco Plum and had nothing at all to do with the City of South Miami. He opined that the real reason why they unilaterally withdraw their certificate of capacity is because the Rosh development uses the same sewer line and there may be a concern there may not be enough capacity for both developments and the needs of the City of South Miami. The Board of Rules and Appeals decided to reject the intent to defeat the application and unanimously approve the request. Manager Scurr shared that he'd spoken with Mr. Tom Schneider who'd voiced his belief that they were getting served today. REGULAR CITY COMMISSION 8 MINUTES - May 18, 1999 Mayor Robaina asked about future developments in the downtown area and whether or not Coral Gables could stop the projects. Attorney Gallop speculated that sometime in the future the City of Coral Gables might run into capacity problems particularly if the Rosh development does use the sewer line at which time to increase the capacity of future development there would have to be an increase in line size. He opined at that point Coral Gables would be looking for additional funding however they were not at that point yet and he didn't know how far into the future that point might be. Commissioner Russell asked if there was -any another direction the fees could be sent to such as go ---- t- ewa -rd ... Dadeland or an -,�- what eut Dadeland Junction. She inquired if there was—a- 7 is the another alternative to Coral Gables. Attorney Gallop related that there might well be. The sewer system is designed to transport and the lift station 177th is right outside of City Hall and handles the sewage for the City of South Miami. He said there might be other lines within the area that the City could connect to. Mayor Robaina conveyed that the Commission needed to know this before there is a discussion of other projects within the city. The City Manager's office was directed to bring this information back before the City Commission. Attorney Gallop reported that some time ago at the initiation of Commissioner Feliu he was asked to prepare an ordinance that would essentially change the requirement of the State Forfeiture Act concerning forfeiture of automobiles. For an automobile to be confiscated in connection with the use of a firearm. The firearm must be used in a separate felony a part from carrying a concealed firearm. He related that he began researching Due Process requirements for articulating the circumstances under which a car might be forfeited when there is sufficient indications of participation to justify the forfeiture. In the process of doing this he came across the John Calechee Uniform Firearms Act that was adopted a few years ago that tends to state the regulations of firearms. Some of which is very broad and say essentially that state gives to itself the total field of regulation of firearms including the transportation of firearms. This Act makes it very clear that it prohibits the adoption of present or future ordinances on this subject that has been adhered to by the State. He related that he'd attached to the Attorney General's report that the City is REGULAR CITY COMMISSION 9 MINUTES - May 18, 1999 not regulating firearms but changing one of the standards in the Uniform Forfeiture Act. He related that he'd attached to his City Attorney's Report a request-for an Attorney General Opinion and would like the Commission authorization to request that information. The answer would be forthcoming within thirty (30) to forty -five (45) days. There were no objections for the Commission members regarding this request. Attorney Gallop related that the Santeria matter that came up at the last meeting and related that there was a gentleman who had appeared that had a very genuine concern that a neighbor was performing Santeria rites. This person observed the delivery of animals and the removal of caresses and was concern that the owner was performing Santeria sacrifices. He recounted that this person had said that Code Enforcement and the Police Department both came out and said they couldn't do anything about it. He related that a meeting with Chief Watson and Manager Scurr was held to talk about laws that relate to regulating the aspects involved in this transaction. He referenced a 1992 US Supreme Court case The Church of the Cu Babalou Eye verses Hialeah which dealt with a variety of ordinances adopted by the City of Hialeah which effectively prohibited the sacrifice of animals for Santeria rites in any other than areas designed for slaughterhouse. He referenced the opinion written by the Supreme Court. He said this essentially says that any ordinance or any law that is aimed at a religious practice or a recognized religion violates the First Amendment prohibition against ordinances that forbids religious freedom unless there is a compelling State interest. A compelling State interest would come into play if there were human sacrifices. The City could have imposed general regulations on the disposal of organic organs. If the concern is with the suffering of animals there is a State Statute to regulate and protect against the inhuman treatment of animals. It went on to compare the method of sacrificing animals. He said this opinion made it very clear that in no way can a government regulate animal sacrifices. He said that governments might still be able to regulate the impact on neighborhoods for instance if a lot of people showed up with caused a parking problem it might be addressed through parking. But to regulate how one practices religion within their home is a prohibited subject matter. Mayor Robaina conveyed his understanding of what Attorney Gallop was getting at. He questioned the City's Zoning Laws and whether or not this type of activity is zoned in this area. He related that from what he's read people pay and big money is involved in performing this ritual. REGULAR CITY COMMISSION 10 MINUTES — May 18, 1999 Attorney Gallop related that the City has a very broad definition on what constitutes a Church. And to figure out if the point at which a practice in ones home constitutes an organized church practice as opposed to an informal practice is a very difficult thing to do. He said if there is a fee that's charged particularly if it involves the process of animals there is a Statutes that prohibits the killing, dressing and the sale of animals without state regulations and having a license. But is charging a fee to a religious rite any different from titling or giving a donation when one goes to church. Mayor Robaina said that he wanted to pursue this issue but he did not want to send the message that he wanted to challenge anybody's religious belief. The issue for him is that this is a business and the City did not allow a business in the middle of a residential area. He related that the City's Code of Ordinance prohibited this activity. He related that the individual that appeared before the City Commission said he saw an invoice or voucher changing hands. Attorney Gallop related that he recalled this individual saying he saw a voucher or something being given but the City didn't know if the person receiving the animals was giving this. This individual saw something but the City didn't know what it was that he saw. The real concern by this individual appears to be that the transaction involves the sacrifice of animals. Mayor Robaina shared that he'd witnessed such activity first hand while visiting a neighbor. He reiterated that money exchanges hands and as far as he is concerned that's a business. Attorney Gallop said if that is the fact that they make a fee off of doing this the City has an ordinance that prohibits businesses in residential places as well as occupational license. The challenge is to get the evidence. Commissioner Feliu commented that livestock is not permitted in residential areas. Manager Scurr related that the ordinance speaks more toward the maintenance of animals on site and not specifically just to transport into a resident. Commissioner Feliu commented when these animals are delivered they are presumably alive which is livestock. He reiterated that the City did not allow livestock in residential areas. Attorney Gallop said if this is correct the City should have an ordinance that deals with this. REGULAR CITY COMMISSION 1 1 MINUTES - May 18, 1999 Mayor Robaina asked if the ordinance didn't address this issue could verbiage be added to close the loophole. Attorney Gallop indicated that this would not close the loophole because there might be a State Statute in contradictory. Commissioner Feliu commented that health concerns are definite issues with livestock. Attorney Gallop conveyed that the Court went through that precise analysis and said that there were plenty of laws to deal with the external effects [health, disposal of garbage, cruelty to animals]. Commissioner Bethel related that there was a similar problem in his neighborhood with a neighbor operating a fish business. Bringing in the Health Department solved the problem. Vice Mayor Oliveros related that the people did not maintain the animals there for long periods of time. He said the City has an ordinance that says that livestock can't be maintained. Manager Scurr related that South Miami is not the first City to deal with this. He opined that they might have made some progress up in Broward County they apparently have a specialist working on this. He said the City needed to continue to find out what the best practices other cities are doing and is there a legal way to regulate control of this situation. Mayor Robaina suggested getting the information from the specialist in Broward County and in the mean time amend whatever existing ordinance the City has to address this issue. He emphasized that the residents did not want this activity in their neighborhood. There are children that live in this area as well and how would one explain this to them. Attorney Gallop shared that at the time of the Opinion in 1992 there were over 50,000 practitioners in Miami -Dade County. Attorney Gallop reported on the SPG Parking Garage. At the last meeting from the report that he'd given he was directed to come back with a reevaluation of the legal and financial risk of the different options. The options that he'd laid out were: 1) walk away from the deal; 2) defer to a scheduled trail to see if the interpretation of the statements of the wiretap were as what he'd interrupted them to be; or 3) proceed with negotiations but to require to the exclusion of one of the principals and require additional protections to be imposed on the agreement for the benefit of the City. He related that the avenue of the greatest REGULAR CITY COMMISSION 12 MINUTES — May 18, 1999 risk is to stop the negotiations. Even though one of the principals is engaged in what can be construed to be his statement of intent to commit wrong dealings in this project. This is not dealing with the entity SPG but an individual. SPG responded by removing this individual from the transaction and the limited partnership altogether. Therefore, this put the City in the position that if it wants to walk away from the transaction they would have to search and prove a fact that that person still remains in the transaction, the management and construction of the parking garage. That fact which the City doesn't have established right now would be subject to a determination by someone else in the claim. He said staff couldn't predict how that would come out this point. Attorney Gallop related that because of the circumstances surrounding this person and this issue held recommended with in addition to proceeding with contract negotiations that the City would go to great lengths to incorporate measures to protect the interest of the City. He said that staff will come back to the Commission with items they feel will protect the City from inviting things like greater oversight cost. The reason why this is important is so that the City receives its income from the base net as well as a percentage of gross revenues. He said in addition what type of internal controls should be maintained and providing for periodic audits should also be discussed as well as looking for some sort of procurement program for the tracking of receipts. Mayor Robaina asked normally did the City go through this many safety precautions or is the City doing this because the integrity of the project has been damage. Attorney Gallop said that normally the City didn't go through this much safety precaution but is doing it because the concern has been heightened. Mayor Robaina voiced his understanding of the City's legal liability if it doesn't proceed. He conveyed that he had a problem with the integrity of this City. He shared that he'd received a letter from SPG's attorney threatening the City to go forward with the project. He emphasized that he had a big problem with that. He conveyed his thoughts about putting this issue on hold until the outcome of the courts. Commissioner Russell inquired when was the last time the City entered into a partnership using city property via a private builder. Attorney Gallop related that it has never happened before. REGULAR CITY COMMISSION MINUTES - May 18, 1999 13 Commissioner Russell said this has never happened before so what the City was doing by setting up all these hoops...the. and conveyed that she was as uncomfortable as Mayor Robaina was with this situation. City has never gone into negotiations before with City owned property. By creating these protective measures it is protecting the City's interest .•• •••••••. .&he•••••oenveyed••• -te Mayor---- -Roba- ea -that------- -she- - - - - -- was- - - - - -- j-us- t-- - - - - -a •- •--- ne-r-•vous- ....... a s.......he.. .....was ....... abeu- t--- -• -.th i- a----- - -fa -t ter. . However, this is going to be different. Mayor Robaina related that the City had negotiated and come to an agreement now the City is adding additional things. At this time creating cost and investment for the City because of the nature of the deal itself. Commissioner Russell related that this is a good exercise for the City and sorry that it has been painful for some. But it is an exercise in which the Commission will learn what they need to do to protect the best interest of this City and to protect the City's property in the future. Mayor Robaina related that he knows there will be comments made that this is a political comment because the City didn't support the man, the process or the project. He related that he was basing his initial comments on the integrity of the City. He shared that his father had told him that he had two things in life; 1) his word; and 2) his integrity. He voiced his personal opinion that he wasn't comfortable with this project. He inquired why weren't these safe guards in place when the original negotiations took place and why after the fact when this whole deal happened with the project. Attorney Gallop said the circumstances- warrants it. What happened with Babe Elias heightened his concerns about internal controls and safeguards. Commissioner Russell commented that there was concern anyway. The parking business is primarily a cash business so that is a concern. Mayor Robaina reiterated that the issue is integrity. Commissioner Feliu commented that one has to remember that a man is innocent until proven guilty. He opined the City needed to proceed as if the man is innocent. He shared that he'd read the transcript and wanted to see how the City's interest could be compromised. He related that he failed to see a real relationship hard core where the mismanagement of the building, which is a bonded project would be affected. He agreed that internal auditing measures should be included in all city - -owned REGULAR CITY COMMISSION 14 MINUTES - May 18, 1999 + - .�;.,; ' aL*±&Fo-"�+3'F � . + -.•3, . ,, .W+3; 't`�'4"+" ,, die ;f.. real estate. He pointed out that this particular gentleman is no longer a part of the SPG Group. Vice Mayor Oliveros related that he was rather surprised because he thought they were going to get more information before they proceeded. He emphasized that the Commission can't decide City business based on another court or allegations. The City is in a contract. It made a commitment; maybe it rushed into it but can't rush out of it because it will hurt the City. He related that his questions to the City Attorney were; what are the ramifications of the Commission for whatever route it takes. In light of that he opined that the City had to continue negotiations because after reading the transcript and listening to the allegations this company won a bid. The Commission made a deal with them based on that bid. Whatever happens to them internally is their problem not the City's. He related that the integrity is not with the City but with the company the City is doing business with. He opined the company has done what it can do in good faith. He said the Commission has to think in terms of the legal system. Did the Commission want to get involved in a lawsuit? Do we want to take the hit for loses that the City may be responsible for because it rushed out of a deal? He opined the City has to continue negotiation and put whatever restrictions as part of the negotiation process. He said the City made a commitment. If one talk about the integrity of this City it made a deal it has to follow through just like any man otherwise the City wouldn't be trustworthy with any other developer to come into this community. Mayor Robaina conveyed that Vice Mayor Oliveros made a good point and thanked him for his good explanation. He related that he would pull back his comments because they are still talking about continued negotiating. He related that he'd gotten a different understanding from SPG Phase One's Legal Counsel. He voiced his hopes that this situation has been cleared by the time the contract is to be finalized. He emphasized the importance of integrity. Commissioner Bethel opined that the City should continue to negotiate with SPG because regardless of the circumstances the City started out with this company and shouldn't stop. The City made an agreement it should continue it. Commissioner Russell related that this is a good lesson learned. She related that the suggestions made in the memo by Attorney Figueredo are excellent suggestions. The suggestions are important and are more of a requirement than the City has asked anyone else but we are now dealing with City property so the Commission has that responsibility. REGULAR CITY COMMISSION 15 MINUTES — May 18, 1999 By acclamation administration was directed to continue the negotiation with SPG Phase One on the 731d Street Parking Garage. Mayor Robaina conveyed that if the Simon /Comras Group did not withdraw their proposal could the City have another workshop but not scheduled on the same day as a City Commission meeting date. Commissioner Feliu shared that the South Florida Building Code is being challenged. As a result of Hurricane Andrew the community saw that buildings and houses were falling a part because of sub - standard building materials. People in the building industry want to revert back to the old way of building and using sub - standard codes or less stringent codes on the South Florida area where the threat of a hurricane is more subject to happen. He conveyed that he'd like to sponsor a resolution in support of the current South Florida Building Code and against changing anything that will compromise the integrity of the building industry in South Florida. Mayor Robaina conveyed his support of Commissioner Feliu's suggestion. Attorney Gallop said this would be on the next agenda. Commissioner Russell indicated that by -laws for the Grants Advisory Board were needed. Attorney Gallop suggested that the Grants Advisory Board attempt to prepare their own by -laws, which he will review and put into final form. Mayor Robaina related that he's received a lot of calls from residents in the Snapper Creek area about the landscaping project, which had come out of the Snapper Creek Charrette. He said before the city plan any trees in anybody's right -of -way to make sure that this is okay. He said concerns have been raised about the planting of trees directly under the FP &L power line. Commissioner Russell said the City of South Miami is not planting the trees being planted under the power line. She related that she had a saved message from FP &L voice on her answering machine with a listing of the specific specs recommendations. Mayor Robaina said if the resident didn't want a tree let's not put one there. After there were no other questions or comments for the City Attorney, this report was concluded. REGULAR CITY COMMISSION 16 MINUTES — May 18, 1999 Moved by Commissioner Russell, seconded by Mayor Robaina to add the following item to the official agenda. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,375.00 TO AVENTURA INSTALLATION AND MAINT TREE SERVICE GONZALEZ FOR THE FULL REMOVAL OF 10 AUSTRALIAN PINE TREES AND TRIMMING 23 PINE TREES AT DANTE FASCELL PARK AND CHARGING THIS DISBURSEMENT TO ACCOUNT NO. 1750 - 519 -4670, "LANDSCAPING MAINTENANCE" AND TO DISBURSE THE SUM OF $7,800.00 TO TROPICAL FALLS LANDSCAPING AND MAINTENANCE INC. TO FURNISH AND PLANT 13 TREES AT DANTE FASCELL PARK AND CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001 - 0000 -219 -6300 "ESCROW -WATER MANAGEMENT / DANTE FASCELL PARK" There being no discussion on the amendment the motion passed by a 5 -0 vote. Commissioner Bethel: Yea Commissioner Feliu: Yea Vice Mayor Oliveros: Yea Commissioner Russell: Yea Mayor Robaina: Yea CONSENT AGENDA RESOLUTION NO. 99 -99 -10723 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY RELATIONS BOARD; APPOINTING RANDY WISCOMBE AND HUMBERTO RIVERO TO SERVE FOR TWO YEAR TERMS ENDING MAY 18, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 RESOLUTION NO. 100 -99 -10724 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HISTORIC PRESERVATION BOARD; APPOINTING PAM LAHIFF AND JAMS DEEN TO SERVE FOR A TWO YEAR TERM ENDING MAY 18, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 RESOLUTION NO. 101 -99- 10725 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REGULAR CITY COMMISSION 17 MINUTES - May 18, 1999 COMMISSION ON THE STATUS OF WOMEN; RE- APPOINTING DONNA G. MASON, JOANNA GAINS BARUSCH, MARCARENA CARRETERO AND KALENTHIA NUNNALLY TO SERVE FOR A TWO YEAR TERM ENDING MAY 18, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING FOR AN EFFECTIVE DATE. (Mayor Robaina) 3/5 RESOLUTION NO.102 -99 -10726 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT PARKING COMMITTEE; APPOINTING SHIRLEY HUEBNER TO SERVE FOR A TWO YEAR TERM ENDING MAY 18, 2001 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 RESOLUTION NO. 103 -99 -10727 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, CONCERNING COMMUNICATION EQUIPMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PAGING NETWORK OF TENNESSEE, INC., (D /B /A PAGENET) TO PROVIDE PAGING SERVICES, AT A COST NOT TO EXCEED $700.00 FOR FISCAL YEAR 1998/99, AND WITH FUTURE COSTS OF $2,000.00 FOR FISCAL YEAR 1999/2000, AND CHARGING THE DISBURSEMENTS TO "OPERATING EQUIPMENT NON-POLICE- ACCOUNT NO. 001- 2100 - 519 -4630, AND "OPERATING EQUIPMENT POLICE" ACCOUNT NO. 001 - 1910 - 521 -4630. 3/5 RESOLUTION NO. 104 -99 -10728 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, CONCERNING OPERATING EQUIPMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BRANCHING OUT, INC., TO INSTALL FUEL STORAGE TANK IMPROVEMENTS, AT A COST NOT TO EXCEED $25,000.00 AND CHARGING THE DISBURSEMENT TO "RESERVE FOR UNANTICIPATED CAPITAL IMPROVEMENTS" ACCOUNT NO. 001- 0000 - 219.7400. 3/5 RESOLUTION NO. 105 -99 -10729 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO CONTRACTS, CONCERNING TELECOMMUNICATIONS EQUIPMENT, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,221.83 TO MIAMI BUSINESS TELEPHONE CORPORATION FOR THE PURCHASE OF TELEPHONE COMMUNICATION EQUIPMENT, AND $1,377.75 TO REGULAR CITY COMMISSION 1 8 MINUTES — May 18, 1999 BELL SOUTH BUSINESS FOR THE INSTALLATION OF NEW ESSEX LINES FOR EMERGENCY BACK -UP COMMUNICATIONS FOR THE POLICE DEPARTMENT, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 110 - 1310 - 513 -4620, "HURRICANE FUND - MAINTENANCE AND REPAIRS, OPERATING EQUIPMENT". 3/5 Moved by Commissioner Feliu, seconded by Commissioner Bethel to approve the Consent Agenda, with the City Clerk assigning the next available numbers. There being no discussion the motion passed by a 5 -0 vote on Items 4 through 9. Commissioner Bethel: Yea Commissioner Feliu: Yea Commissioner Russell: Yea Vice Mayor Oliveros: Yea Mayor Robaina: Yea Please Note that Mayor Robaina abstained from voting on Item No. 10, therefore the vote on this item was 4 -0. Commissioner Feliu: Yea Commissioner Bethel: Yea Commissioner Russell: Yea Vice Mayor Oliveros: Yea Mayor Robaina: abstained ORDINANCE (S) SECOND READING PUBLIC HEARING (S) ORDINANCE NO. 11 -99 -1684 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING SECTION 11 -4 OF THE CODE OF ORDINANCES, ENTITLED "DEFINITIONS," CONCERNING GROSS RECEIPTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 Moved by Vice Mayor Oliveros, seconded by Commissioners Russell and Feliu to approve this item, with the City Clerk assigning the next available number. Manager Scurr commended the public works department on its excellent work on the Pagenet contract. He said the City would be able to save between 2 and 3 Thousand Dollars on pages alone over a period of one year. REGULAR CITY C0144ISSION 19 MINUTES — May 18, 1999 Manager Scurr said the City has had difficulties with a number of the changes occurring in the solid waste industry acquisitions and takeovers. In the past the City has talked about the commercial solid waste franchise fees that the City received a percentage of cash received by the solid waste company. He said this has proven very difficult to track. This ordinance proposed to shift back to the amount billed by the companies so that collecting accounts receivable is their problem, not the City's problem. It is also much easier for the City to track from an accountable standpoint. Mayor Robaina opened the floor for the public hearing. Ms. Karen Doorman appeared before the City Commission to voice her concerns about the order of the trash containers and whether or not they can be deodorized. Manager Scurr said that there are very strict code specifically regarding restaurants. Mr. Fernando Rodriguez, Public Works Director indicated that the deodorization takes place on site. After there were no interested parties to speak on behalf of this item, the public hearing was closed. There being discussion the motion passed by a 5 -0 vote. Commissioner Bethel: Yea Commissioner Feliu: Yea Vice Mayor Oliveros: Yea Commissioner Russell: Yea Mayor Robaina: Yea RESOLUTION (S) HEARING There were none RESOLUTION (S) RESOLUTION NO. 106 -99 -10730 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE STATUS OF WOMEN; AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $1,750.00 FOR CHAIRPERSON BARBARA JEAN RASKIN TO ATTEND 302H ANNUAL NATIONAL CONVENTION OF THE NATIONAL ASSOCIATION OF COMMISSIONS FOR WOMEN JULY 7- 11, 1999; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 01- 1100 - 511 -9910 ENTITLED SPECIAL EVENTS; AND PROVIDING FOR AN EFFECTIVE DATE. REGULAR CITY COMMISSION MINUTES — May 18, 1999 20 (Commissioner Russell) 3/5 Moved by Mayor Robaina, seconded by Commissioners Russell and Feliu to approve this item, with the City Clerk assigning the next available number. Commissioner Russell related that this is a great deal of money for one trip. The City didn't have the specifics from the Agency yet so we went with actually a pretty large number for this conference. It is important to the Commission on the Status of Women to have a presence at this particular conference. The resolution is written in an amount not to exceed $1,750.00. She related that this group was given $5,000 at the beginning of this fiscal year and still has 2/3 of its budget remaining. She related that she'd tried to call Barbara Jean Raskin to get some more specifics on this conference. No one has more specifics but there is a deadline of June 4t''. She related that she could get the information after with the Commission's approval. Mayor Robaina related that this amount is not far off for the price of the entire convention including airfare and hotel accommodation. He related that he didn't have a problem with this especially with the great job that they are doing. He related that Ms. Raskin's knowledge would benefit everybody's on that Committee. There being no further discussion, the motion passed by a 5- 0 vote. Commissioner Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Vice Mayor Oliveros: Yea Mayor Robaina: Yea RESOLUTION NO. 107 -99 -10731 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROPERTY; RELEASING AN INTEREST IN CERTAIN REAL PROPERTY; PROVIDING AN EFFECTIVE DATE. 3/5 Moved by Mayor Robaina, seconded by Commissioner Bethel to approve this item, with the City Clerk assigning the next available number. Attorney Gallop explained that this was a request by Lydia White on behalf of Roberts' Thirteen, Inc. to release an agreement that was entered into in 1969 in which the property owner agreed to remove improvements "on the north 30 feet" of the REGULAR CITY COMMISSION 2 1 MINUTES — May 18, 1999 property if needed by the City for widening Sunset Drive or the sidewalks, and waived any claim for damages. In order to refinance the property this instrument needs to be released by the City. There being no discussion, the motion passed by a 4 -0 vote. Commissioner Feliu: Yea Commissioner Russell: Yea Vice Mayor Oliveros: Yea Commissioner Bethel: out of room Mayor Robaina: Yea RESOLUTION NO. 108 -99 -10732 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,375.00 TO AVENTURA INSTALLATION AND MAINT TREE SERVICE GONZALEZ FOR THE FULL REMOVAL OF 10 AUSTRALIAN PINE TREES AND TRIMMING 23 PINE TREES AT DANTE FASCELL PARK AND CHARGING THIS DISBURSEMENT TO ACCOUNT NO. 1750- 519 -4670, "LANDSCAPING MAINTENANCE" AND TO DISBURSE THE SUM OF $7,800.00 TO TROPICAL FALLS LANDSCAPING AND MAINTENANCE INC. TO FURNISH AND PLANT 13 TREES AT DANTE FASCELL PARK AND CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001 -0000- 219 -6300 "ESCROW -WATER MANAGEMENT / DANTE FASCELL PARK" 3/5 Moved by Mayor Robaina, seconded by Commissioner Russell to approve this item, with the City Clerk assigning the next available number. Manager Scurr related that there has been an interesting situation in Dante Fascell Park. Clearly one of the most beautiful parks in all of South Florida and is by in large a passive park. The City had received a grant some time ago from the South Florida Water Management District to plant new trees at Dante Fascell Park to improve shade canopy, put in some flowering trees and a number of things to really make the park excel. He noted that one of the things that were in the State Legislative Appropriation is a fund to do a master plan for the entire park. The City also found itself with a problem with Dante Fascell Park. There are a large number of Australian Pines in the park. Australian Pines are very dangerous trees in the event of a hurricane. The trees were last trimmed in 1994 and have now outgrown heights approaching 100 plus feet. He said administration thinks that all of the trees represent a potential hazard. Simultaneously, administration didn't feel that it was appropriate to contemplate taking down all those trees because the loss of shade would be dramatic. When this was last REGULAR CITY COMMISSION 22 MINUTES - May 18, 1999 discussed a suggestion was made by the Commission to hold a neighborhood meeting with the people around Dante Fascell Park. This meeting was held on last evening with Commissioners Russell and Feliu in attendance. A consensus was developed at the meeting and the plan is basically in two phases; 1) to work with replacing the Australian Pines with fully matured shade and flowering trees. He related that ten (10) of the Australian Pines need to be removed replacing those ten (10) with a total of thirteen (13) new trees between 30 and 35 feet in height. 2) Additionally, administration thinks that it is essential that the remaining twenty -three (23) Australian Pines be trimmed. He anticipated having the entire trimming done prior to June 1St which is the startup for hurricane season. Ms. Ana Garcia, the City's Parks & Recreation Director appeared before the City Commission and thanked all those residents involved. She said the City would be evaluating this process on a year to year basis for the next three years. She said this is also an opportunity to bring more variety of trees at Dante Fascell Park. Mayor Robaina thanked administratio issue with the residents. He identified scheduled for removal. He related that he this was being done on a yearly basis. He going to allow any good tree to be removed hazard. z for resolving this the ten- (10) trees was glad to hear that related that he isn't if it is not a safety Commissioner Russell commented that the reason they were only taking a quarter of the Australian Pine trees out now, and some of the residents wanted them all to go it's a compromise this was a real group effort. The reasons for wanting them to go and supporters of that original plan were good. She said this was a compromise and think that everybody is satisfied with this. She opined that it is going to be exciting to see how it grows and how the trees take. Commissioners Russell related that another issue had come up at this meeting and asked her colleagues what were their thoughts about hiring a landscape architect or some sort of park planner to do this to give the Commission some placement ideas and have an expert come in. She asked if this process could be included in the next year. Mayor Robaina concurred with Commissioner Russell and voiced his support of this idea. He related that the City has had those type of professionals do volunteer work with the City in the past. He opined that it is important to do just that not only for the park but also for all the landscaping throughout the City of South Miami. REGULAR CITY COMMISSION 2 3 MINUTES - May 18, 1999 By acclamation, direction was given to administration to bring something forward about getting a professional on board. There being no further discussion, the motion passed by a 5- 0 vote. Commissioner Bethel: Yea Commissioner Feliu: Yea Commissioner Russell: Yea Vice Mayor Oliveros: Yea Mayor Robaina: Yea ORDINANCE (S) FIRST READING 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE STATUS OF WOMEN; AMENDING SECTION 2.26.1 OF THE CODE OF ORDINANCES BY CHANGING THE NAME COMMITTEE ON THE STATUS OF WOMEN TO THE COMMISSIONS FOR WOMEN; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Russell) 3/5 Moved by Commissioner Russell, seconded by Vice Mayor Oliveros to approve this item on first reading with second reading and public hearing scheduled for June 1, 1999. Commissioner Russell related that the State has changed the name Commission on the Status of Women to the Commissions For Women and the City is just following suit. The Board was created by ordinance therefore the name had to be changed by ordinance. There being no further discussion, the motion passed by a 5- 0 vote. Commissioner Russell: Yea Vice Mayor Oliveros: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea PUBLIC REMARKS Mr. James Bowman appeared before the City Commission to speak about the volume of traffic on 64th Street and 67th to 57th REGULAR CITY COMMISSION 2 4 MINUTES - May 18, 1999 Avenues whereby some of the motorist were speeding. He suggested having police presence. He further recommended putting in crosswalks for the children. Mayor Robaina indicated that this street is Miami -Dade County jurisdiction. He acknowledged that the street was a racetrack. He asked Manager Scurr to bring everyone up to date on the traffic calming issue. Manager Scurr related that the City was doing a number of things. On 64 t'' and 59th the City is moving forward on the traffic - calming project. An additional OCED Grant has been received and will provide enough funds to do this. The project is in the planning and design phase right now and the City is under a lot of pressure from Miami -Dade County to spend those funds before the end of the year. On the area west of 62nd is a little more difficult. The City has petitioned Miami -Dade County in the past for crosswalks and stop signs and has been turned down. He said that administration would get the police presence back out there with the radar machine and well as the traffic enforcement and is continuing to work with the county in trying to deal with some of the other issues west of 62"d. Mr. Bowman shared that he was at a meeting on last night and Related that a gentleman was at this meeting indicated that he was being harassed by the police department. Manager Scurr voiced his belief that this complaint is totally unfounded. He related that this individual thought that because he'd called to report traffic violations that somehow the police department was singling him out. He related that he'd done some research and did not thing that this was correct. He related that there are people all over the City that call the administration with great regularity about traffic issues and they are not singled out. Mr. Bowman related that he was glad to hear that the City was about to get started on the Multi - Purpose Center. Mr. Randy Wiscombe of 6841 SW 77th Terrace appeared before the City Commission and asked a couple of questions in regards to CRA. He voiced his hopes that someday there would be some definite goals and guidelines set in regards to the CRA and what its mission and purpose is. He referenced the actions taken by the City Commission at the last meeting in regards to Mr. Delaney and utilizing him on a part time basis. He voiced his hopes that the Commission would set some sort of cap and limit the number of hours the City is using him. REGULAR CITY COMMISSION 25 MINUTES - May 18, 1999 Mr. Wiscombe referenced the trash on the sidewalks in the downtown area where the outdoor dining is occurring. Mr. Dick Ward of 8325 SW 62 "d Court appeared before the City Commission and related that he'd just gotten back from Washington, D.C. He related that while he was there he'd seen in the Washington Post several articles about the President and other executives talking the situation that occurred in Colorado and the video and movie industry and what can be done to curtail some of the violence that is being brought forward there. He said the reason he was bringing to the Commission's attention that as he walked through Gameworks he was amazed at the number of games those human bodies getting shot at. He suggested that the City Commission should look into this and possible provides some leadership in providing a less violence arcade in the City. Mr. Ward related that during the thirty years that he's been coming to the Commission meetings he'd never stood up and interrupted the meeting like he'd done tonight. He explained that the reason he did this is because when somebody gives him their word that is he expect them to follow. He references the $10.00 amount listed in the original RFP for the 71St Street Parking Garage. He commented that when Mayor Robaina had campaigned he'd said that he would not put the clock on people wanting to speak but it seems he is limited people more and more. He then mentioned campaign reform. Mayor Robaina conveyed that he was glad Mr. Ward had brought the subject of campaign reform and indicated that if people have to be appointed the Commission would do it. He related that Mr. Ward is the only person that has come forward. Mr. Ward related that Mr. Randy Wiscombe has volunteered. Ms. Cathy McCann 5820 SW 87th Street appeared before the City Commission related that this issued about campaign reform was discussed during the Charter Review because at one time the City of South Miami had a restriction on how much one could put and how much one could spend to run for the office or Mayor or Commission. She related that the State lays down the limitation of campaign spending. The Charter Review Committee has been investigating this. She conveyed her opinion that it would be found that the State has jurisdiction over this. Attorney Gallop determination on this state has a provision on a campaign. REGULAR CITY COMMISSION MINUTES - May 18, 1999 indicated that the City did not have a He said that he wasn't sure that the on how much a person could raise and spend 26 Ms. McCann suggested going with the campaign reform committee as the same time that the City Attorney gets the appropriate information from the State. Commissioner Russell suggested a sub - committee. Mayor Robaina related that if no volunteers come forward he would do like he's done with other Boards when there were no volunteers and would appoint five (5) people. Mr. Ward related that when he brought this issue up prior Attorney Gallop said that there was a legal problem with it. He suggested having the Commission adopt a resolution whereby candidates would sign a volunteer limitation to raising campaign funds. Mr. David Tucker, Sr., of 6556 SW 78th Terrace appeared before the City Commission to voice his opinion about the City's Charrettes [One, TOO and Three]. He said a lot of the residents did not go to the Charrettes and their input was missed. He voiced his hopes that the people in the proposed Charrette Four area will come with the generosity of spirit so that all could have a good conversation to improve the welfare of the entire community. He related that he'd had an opportunity to speak with Ms. Nancy Cobb after the OCED meeting because there were things she'd said that were unresolved. The rumor about the CRA being able to take people's property does not die easily. Mr. Tucker conveyed that he was glad to see and hear the decision made by the City Commission on SPG Phase One negotiations. He referenced the City Commission and the CRA Advisory Board composition conveyed that putting on a head on one head is only one head. He related that if anyone wanted to know about the CRA he had sufficient documentation and would be happy to share it with him or her. Mr. Al Elias of 7150 SW 62 "d Avenue appeared before the City Commission to address some of the concerns of SPG project. He related that he's been working in the City of South Miami for the past 19 years. He recounted the events leading up to this point about the proposed parking garage on 73rd Street. He said in order to make the property more efficient as a parking SPG agreed to purchase the Mark Richman property. Those air rights is costing SPG over three million dollars not including the six or seven is going to cost to build it. He outlines the financial benefit for the City, which is twenty -two (22 %) percent return on the City's money. He related that SPG is negotiating in good faith and is still ready, willing and able to move forward and build the garage. REGULAR CITY COMMISSION 27 MINUTES — May 18, 1999 ��aM „, Mr. Elias said although Babe Elias was arrested on unproven allegation the City chose to put everything on hold for thirty days despite the fact that Babe Elias has disassociated himself from SPG and not been proven guilty. He conveyed that his reputation is being damaged. He related that he deal with many state DOT. If his reputation is not clean or any blemish he would lose it. He related that he's won seven (7) national road awards. In the last five years (5) his other company has won twenty -two (22) national road awards. Mayor Robaina related that Mr. Elias said that his brother had been made out to be a criminal and indicated that the City Commission has never made a comment that he is guilty of anything. COMMISSION REMARKS Vice Mayor Oliveros related that this was a very informative meeting. Commissioner Russell related that it was going to be exciting the progress being made at Dante Fascell Park. She announced the "Teen Pregnancy Prevention Awareness Month" and related that if anyone had any questions about this they could call either she or Mayor Robaina. She addressed comments made by Mr. Bowman about 64th Street and related that at least the streets could be re- striped. "It's like a landing script." This needs to be addressed right away and can't wait for the traffic calming. She referenced comments made by Randy Wiscombe about the need action goals west of US One and related that this is really important. So much activity has happened and the City has already invested in downtown central business district. The City isn't doing real redevelopment across the street. It's been cleaned up. The fence has been taken down at the post office. The CRA engine is a thought this is an area that needs the Commission's focus and attention on the west side. The Commission needs to get back to that. Commissioner Russell addressed concerns raised by Mr. Wiscombe about the cleanup on Sunset Drive as far as the restaurants were concern. That's what happens with the stores are too close. There are lots of restaurants there is lots of trash and the City needed to do something now before the City has every other neon look a restaurant abundant community in the United States and abroad. She said one way to protect the beauty of South Miami is to keep it clean. Commissioner Russell told Mr. Ward that that was a good idea about less violence. REGULAR CITY COMMISSION 28 MINUTES - May 18, 1999 Commissioner Russell commented on remarks made by Mr. Tucker about snide remarks he hears. She related that one always hears them when there is anticipation of something about to happen. She related that the most snide remark that she has been privileged to few and after they have passed the more they are said before something gets done and after it gets done, the Commission is not often criticized as harshly. She opined that the Commission has so far proven to do the best that it can and usually the right thing. Commissioner Bethel announced that the Goombay Festival is coming to South Miami for the first time on May 29t`' starting at 12 Noon at Murray Park. He related that within two weeks the team from Atlanta, GA would be coming back for a baseball tournament to be held at one of the South Miami parks. He related that on Saturday at 9 :00 a.m. the Recreational Cultural Board would be having a sparkle tour of all the parks in South Miami. Commissioner Feliu addressed comments made by Mr. Wiscombe with regard to the CRA and related that he was right on target, the focus had been lost somewhere along the line. He related that he'd mentioned before that he'd like to see more black owned businesses hopefully with the help of the Small Business Administration and other agencies which wouldn't cost the CRA any money. He related that the privatization of the HUD homes which Mayor Robaina was working with Habitat on and Commissioner Bethel was working behind the scene on to find a solution was also a priority. Commissioner Feliu indicated that Mr. Ward had made a very good point about video games. He shared that he'd read that Disney World was prohibiting human targets in its video games. He opined we, as a society needs to really assess what kind of messages we are sending our children. He related the violent incident that took place in Littleton, CO. Commissioner Feliu related that the SPG project has been two years in the making and opined that the City needed to progress quickly on this and proceed expeditiously. Mayor Robaina announced that the OCED deadline for the business startup is Friday May 21st. He asked those interested to give Diana Morris at call. Mayor Robaina addressed Mr. Wiscombe comments about the CRA and related that that engine did not have any money to run the engine therefore they are working on "quick victories ". He related that the reason why Mr. Wiscombe may be seeing garbage in REGULAR CITY COMMISSION 2 9 MINUTES - May 18, 1999 the downtown area is because the street sweeper is pretty much shut because of complaints that it was operating too earlier and waking residents. Manager Scurr opined that the problem isn't that the streets are not being cleaned it is from the time that the restaurants close until the City sweep the streets at 7:00 p.m. Mr. Wiscombe stated from this audience that this is on the sidewalks. Manager Scurr said this is a code enforcement issue and can be dealt with. Mayor Robaina related that there was a gentleman in the audience representing CAMI'S. He related that complaints have been received from the Cambridge House Apartment. The CAMI'S representative appeared before the City Commission and related that they'd hired a company recently and the complaint that came through today was that the waste truck go there too early. He said this problem has been addressed and the waste truck will not be there before 7:00 a.m. Mayor Robaina referenced the Multi - Purpose Center and indicated that the City has done its part. He said everybody has worked hard to deal with the bureaucracy at Miami -Dade County. He said that if people were coming to the Ricky Martin event to try parking at the Metro -rail garage or riding the Metro -rail. There being no further business to come before this Body the meeting was adjourned at 10:47 p.m., with Commissioner Feliu delivering inspirational parting words. Approved Attest: Mayor City Clerk REGULAR CITY COMMISSION 3 0 MINUTES - May 18, 1999 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 27, 1999 From: Charles D. Scurr City Manager - a y�✓l I 4�m 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 11 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 E)VeFmss 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 day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR 1St Reading - 2 °d Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlinin and deletions shown by evefstr g. WOU