01-20-98MAYOR: Anna M. Price, Ph.D. E TTERIM CITY MANAGER: Diana Morris
VICE MAYOR: Julio Robaina CITY ATTORNEY. Earl G. Gallop
COMMISSIONER: Armando Oliveros, Jr. CITY CLERK: Ronetta Taylor
COMMISSIONER: David D. Bethel
COMMISSIONER: R. Paul Young, Ed.D.
CITY COMMISSION AGENDA
Regular City Commission Meeting
Meeting date: January 20, 1998 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: February 3, 1998 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 INCLU€)ES 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
xa3MMISSIBLE 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. Invocation:
B. Pledge of Allegiance:
C. Presentation(s):
1. South Miami Police Department
a. Officer of the Year - Detective Francisco De La Espriella
b. Supervisor of the Year - Sergeant Robert Richardson
c. Runner -up Officer of the Year - Detective Larry Corbin
2. Meritorious Service Awards
a. Captain Dan Salerno
b. Lt. Bruce Ross
c. Detective Francisco De La Espriella
d. Officer Dan Linick
REGULAR CITY COMMISSION 1
AGENDA - January 20, 1998
ITEMS FOR THE COMMISSION'S CONSIDERATION:
3. Approval of Minutes:
Regular City Commission Minutes - January 6, 1998
4. City Manager's Report:
5. City Attorney's Report:
CONSENT AGENDA
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 48 MONTH LEASE AGREEMENT WITH
STAR BUSINESS SYSTEMS, FOR A POSTAGE MACHINE FOR AN
AMOUNT NOT TO EXCEED $14,736.00; CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 1320- 513,4420 TITLED
"LEASE PURCHASE - POSTAGE MACHINE;" AND PROVIDING FOR AN
EFFECTIVE DATE.
(Administration) 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION;
APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI
GENERAL ELECTION BEING HELD, TUESDAY, FEBRUARY 10,
1998; DISBURSEMENT WILL BE CHARGED TO ACCOUNT NO. 01-
1200 -4920 "ELECTION"
(Administration) 3/5
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED
$3,500 FOR THE MICROFILMING OF PERMITS FOR PLANNING AND
ZONING BY THE FIRM OF PROFESSIONAL MICROFILM SERVICES,
INC.; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER
001 - 1620 - 524.34 -80, WHICH IS ENTITLED "MICROFILMING;"
AND, PROVIDING FOR AN EFFECTIVE DATE.
(Administration /P &Z) 3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED
$2,700 FOR PAYMENT TO THE FIRM OF C3TS; CORZO,
REGULAR CITY COMMISSION 2
AGENDA - January 20, 1998
CASTELLA, CARBALLO, THOMPSON & SALMAN, P.A.; PROVIDING
FOR DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000 - 219.2520
WHICH IS ENTITLED "ESCROW SHOPS AT SUNSET - ONE HOUR
PARKING- AND, PROVIDING FOR AN EFFECTIVE DATE.
(Administration /P &Z) 3/5
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $4,650.00 TO LANGO
EQUIPMENT SERVICE, INC. FOR THE DEMOLITION OF THE
MURRAY PARK CONCRETE BUILDING AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 01- 1750 - 519 -4670 "LANDSCAPE
DIVISION - MAINTENANCE AND REPAIR OF GROUNDS AND
STRUCTURES ".
(Administration /Public Works) 3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH RECIO
LANDSCAPING, INC. FOR LANDSCAPE' MAINTENANCE SERVICES OF
THE US 1 HIGHWAY MEDIAN AT A COST NOT TO EXCEED
$9,500.00 FOR THE CURRENT FISCAL YEAR AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 01- 1750 - 519 -4625,
"LANDSCAPE MAINTENANCE"
(Administration /Public Works) 3/5
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RATIFYING AN APPLICATION
FOR A GRANT AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI AND MIAMI -DADE COUNTY,
THROUGH ITS SAFE NEIGHBORHOOD PARKS OFFICE
SUBSTANTIALLY IN THE FORM OF THE AGREEMENT ATTACHED
HERETO AS EXHIBIT A DESIGNATING THE CITY MANAGER AS THE
CITY'S REPRESENTATIVE AND AUTHORIZING AND APPROVING
RECEIPT OF $55,000.00 IN PROCEEDS OF THE SAFE
NEIGHBORHOOD PARKS BOND PROJECT` AND APPROVING USE OF
THE BOND PROCEEDS TO RENOVATE A BUILDING AN EQUIP OPEN
SPACE PARK LOCATED AT 6820 S.W. 641x AVENUE.
(Administration /Office of Dev.) 3/5
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING EXECUTION OF
AN AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND MIAMI -DADE
COUNTY, THROUGH ITS SAFE NEIGHBORHOOD PARKS OFFICE
SUBSTANTIALLY IN THE FORM OF THE AGREEMENT ATTACHED
HERETO AS EXHIBIT A DESIGNATING THE CITY MANAGER AS THE
CITY'S REPRESENTATIVE AND AUTHORIZING AND APPROVING
RECEIPT OF $59,000.00 IN PROCEEDS OF THE SAFE
REGULAR CITY COMMISSION 3
AGENDA - January 20, 1998
NEIGHBORHOOD PARKS BOND PROJECT AND APPROVING USE OF
THE BOND PROCEEDS TO BE USED TO PAY CERTAIN COST
RELATED TO THE DESIGN OF A FACILITY KNOWN AS THE
"MULTIPURPOSE CENTER" TO BE LOCATED AT MURRAY PARK
SITUATED AT 6700 S.W. 582x` PLACE.
(Administration /Office of Dev.) 3/5
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT
FEES; AUTHORIZING PAYMENT TO LEIBOWITZ & ASSOCIATES,
P.A. IN THE AMOUNT OF $2,496.95 WITH DISBURSEMENT PAID
FROM ACCOUNT NO. 1500 -3440, CONSULTING- LEGAL; PROVIDING
AN EFFECTIVE DATE.
(Administration) 3/5
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $10,322.26 AND
CHARGING ACCOUNT NO. 1500 -3410, CONSULTING - LEGAL;
PROVIDING AN EFFECTIVE DATE.
(Administration) 3/5
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING, TO ATTORNEY'S
FEES; APPROVING ATTORNEY'S FEES FOR EARL G. GALLOP &
ASSOCIATES, P.A. IN THE AMOUNT OF $7,443.21 AND
CHARGING ACCOUNT NO. 1500 -3410, CONSULTING - LEGAL;
PROVIDING AN EFFECTIVE DATE.
(Administration) 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING(S)
17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
REDEVELOPMENT; CREATING THE SOUTH MIAMI REDEVELOPMENT
TRUST FUND; ALLOCATING FUNDS APPROPRIATED TO THE TRUST
FUND TO FINANCE THE SOUTH MIAMI REDEVELOPMENT PLAN;
PROVIDING FOR APPROPRIATION OF TAX INCREMENT REVENUES,
ISSUANCE OF REVENUE BONDS AND OTHER DEBT INSTRUMENTS,
EXPENDITURES OF FUNDS IN THE TRUST; DELEGATING
AUTHORITY TO THE SOUTH MIAMI REDEVELOPMENT AGENCY TO
ADMINISTER THE TRUST FUND; REQUIRING ANNUAL INDEPENDENT
FINANCIAL AUDIT OF THE FUND; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE.
(Administration) 3/5
REGULAR CITY COMMISSION 4
AGENDA - January 20, 1998
18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH
ENTITLED "ALCOHOLIC BEVERAGES ", IN ORDER TO REVISE THE
DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS
IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE. (1sT Reading -
December 2, 1997)
(Vice Mayor Robaina) 3/5
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE;
PROVIDING A 180 DAY MORATORIUM ON ACCEPTANCE AND REVIEW
OF APPLICANTS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR
THE INSTALLATION OF TELECOMMUNICATION TOWERS TO ENABLE
THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE
LOCATION AND APPROVAL OF TELECOMMUNICATIONS TOWERS;
PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN
FORCE AND EFFECT DURING THE TIME PERIOD OF THE
MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (1°t Reading
- December 16, 1997)
(Commissioner Oliveros) 4/5
RESOLUTION(S)
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANT REQUEST
BY TEEN PREGNANCY PREVENTION CENTER; PROVIDING FOR
FUNDING FOR OPERATION OF A TEEN 'PREGNANCY PREVENTION
PROGRAM IN THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING
FUNDING IN AN AMOUNT NOT EXCEEDING $3,500.00 FROM
ACCOUNT NUMBER 001- 1100 - 511 -9910, TITLED "CONTRIBUTION -
SPECIAL EVENTS ".
(Vice Mayor Robaina) 4/5
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, OPPOSING FLORIDA HOUSE
BILL NO. 3291 RELATING TO FRANCHISE FEES FOR
UNDERGROUND RIGHT -OF -WAY ACCESS TO BURY TELEPHONE
LINES; THE CITY'S OPPOSITION BEING MADE TO ANY PROPOSAL
TO PLACE FURTHER RESTRICTIONS OR LIMITATIONS ON
FRANCHISE FEES CHARGED BY MUNICIPALITIES TO FOR - PROFIT
TELEPHONE COMPANIES FOR SERVICES AND ALLOWING THEIR
BUSINESS TO BE CONDUCTED ON PUBLIC LANDS WITHOUT
REGULAR CITY COMMISSION 5 AGENDA - January 20, 1998
SEEKING ADDITIONAL AUTHORITY FROM CITIES; PROVIDING AN
EFFECTIVE DATE.
(Commissioner Oliveros) 3/5
ORDINANCE(S) FIRST READING
There are none
PUBLIC REMARKS
COMMISSION REMARKS
REGULAR CITY COMMISSION 6
AGENDA — January 20, 1998
City of South Miami
Police Department
INTER - OFFICE MEMORANDUM
TO: Diana Morris
Acting City Mana
FROM: Cokes Watson, J . ,
Chief of Police
DATE: January 13, 1998
SUBJECT: Commission Meeting Items: January 3,1998
t
RECE-TvF
.IAN 131999
rm` MANAGER'S OFFICE
The South Miami Police Department plans to make the following presentations:
1) Officer of the Year — Detective Francisco De La Espriella
2) Supervisor of the Year — Sergeant Robert Richardson
3) Runner -up Officer of the Year — Detective Lang Corbin
Meritorious service awards to be presented to:
1) Capt. Dan Salerno
2) Lt. Bruce Ross
3) Det. Francisco De La Espriella
4) Ofc. Don Linick
Graffiti detail - Sunday to Monday
A Critique of Crack Attack — Chief Watson/Lt. Ross
Thank you's to: DEA Agents
South Miami P.D. Officers for successful operation
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 1/16/98
AGENDA ITEM #
FROM: Diana Morris Comm. Mtg.1 /20/98
City Manager Four -year Lease agreement with
Star Business Center to acquire a
new postal machine.
The attached resolution authorizes the City Manager to sign a four -year lease with Star Business
Center for $14,736.00 to acquire a new postal machine for use in the City 14all. The present
machine is obsolete and cannot accommodate the changes required by the United States Postal
Service.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 ENTER INTO A 48 MONTH LEASE AGREEMENT WITH STAR BUSINESS
6 SYSTEMS, FOR A POSTAGE MACHINE FOR AN AMOUNT NOT TO EXCEED
7 $14,736.00; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER
8 1320- 513.4420 TITLED "LEASE PURCHASE - POSTAGE MACHINE;" AND
9 PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, the United States Postal Service requires that all
12 mechanical meters be phased out and replaced with electronic postage
13 meters that are far more secure and provide a security level that
14 enhances postal revenues by December 1998; and
15
16 WHEREAS, our current mailing machine is obsolete beyond repair
17 due to age and usage; and
18
19 WHEREAS, in compliance with City of South Miami bid
20 requirements, three quotes have been obtained by the Central Services
21 Office on a new postal machine; and
22
23 WHEREAS, STAR BUSINESS SYSTEMS, the exclusive dealer for ASCOM
24 Hasler, provider of the lease and service contract for the 320 series
25 mailing system to be utilized for city wide postage located in the
26 Finance Department, has provided the lowest bid; and
27
28 WHEREAS, the term of the four -year lease agreement includes
29 maintenance, and repairs of all component parts of the Ascom Hasler
30 mailing system; and
31
32 WHEREAS, the lease contract period shall be from January 21,
33 1998 through January 20, 2002.
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
36 THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. That the City Manager is authorized to sign a four -
39 year lease agreement with Star Business Systems Inc. for the total
40 amount of $14,736.00 to acquire a new postal machine for the city.
41 The lease payment will be as follows: first year in the amount of
42 $3,180.00, second year in the amount of $3,852.00, third year in the
43 amount of $3,852.00 and fourth and final year in the amount of
44 $3,852.00. All future budgets will reflect the annual lease amounts.
45
46 Section 2. That the annual disbursement be charged to
47 account number 1320 - 513.4420 (Lease purchase- postage machine).
48
49
50
51
52
53
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this _ day of , 1998.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
d
METERING TECHNOLOGY MANAGEMENT
UNITEDSiATES
S?e3L SERVICE
October 8, 1997
Dear Postage Meter User:
You are a valued customer of the United States Postal Service, and we would like to thank you for
your business. As you may have read, there are some significant changes coming that will affect
many postage meter users. So in order to keep you informed, we urge you to take a moment to read
this important message.
The Postal Service announced on May 1, 1996 that mechanical meters must be phased out of use
and replaced with electronic postage meters. The technology and security features of mechanical
meters is obsolete when compared to the latest in available postage metering devices. Just as the
office equipment industry has evolved over the past decade, postage metering technology has
advanced with the availability of electronic and digital meters. The new electronic and digital
metering systems available today are far more secure than mechanical meters, and this new level of
security enhances protection of postal revenues.
We. regret any inconvenience to our meter customers using mechanical meters; however, there is a
lot of good news associated with a conversion to newer meter models. Electronic meters provide
mailers with significantly enhanced features and benefits like postage accounting, interfaces with
electronic scales, remote meter resetting and much more. New meter technology is more reliable,
simplifies the payment and collection of postage, and supports our efforts for ensuring security of
postage. With advances in technology and the security features that new technology affords, the
Postal Service has no choice but to take this initiative because of the continued loss of revenue
through postage meters, and the susceptibility of mechanical meters to tampering and fraudulent
misuse.
While our motivations are driven by the necessity to protect revenue, we are committed to
implementing the change in the least disruptive way we can. We have been working with the meter
manufacturers to develop a schedule that will work for everyone. The gradual phase -out process
began June 1, 1996 when we required meter manufacturers to stop all new placements of
mechanical meters. The conversion schedule for the mechanical meters in service is as follows:
Meter /Mailer Type Conversion Date
• Mechanical meters used to process mail for a fee, March 31, 1997*
or provide metering and mailing services to others
* If you are a "for fee mailer and have missed this date, contact your meter
manufacturer immediately
• All other high -speed capable mechanical meters
(systems meters that operate on a mailing machine base)
• All low speed mechanical meters must be converted
475 UENFANT PLAZA SW
WASHINGTON DC 20260 -6807
202 -268 -3757
FAX: 202 - 268 -5612
December 31, 1998
March 31, 1999
POSTAGE METER LEASE COMPARISON
12/17/97
CO. NAME EQUIP. DES. * * * * * * * * * ** *LEASE * * * * * * * * * * * **
# MO. MONTH TOTAL LEASE
TERM
Star Business Ascom Basler 48
Clair Lewis Model 320/as -41
826 -9012 A -H -30 lb. Scale
and accounting
* * * 4 YEAR LEASE
Pitney Bowes Paraston H
Bram Mail processor
Gechtman w/ scale and
1- 800 - 8389945 accounting
* * * * * 5 YEAR LEASE TERM
$265.00 -12
$321.00 -36 $14,736.00
LEASE $14,736.00
60 $382.20 -60
Neogost SM94C 48
George w /mail accounting
Barbara unit & scale
822 -6004
* * * ** 4 YEAR LEASE TERM
$22,932.00
LEASE $22,932.00
$482.52 -12
$548.27 -36 $25,527.96
LEASE $25,527.96
MR,
ascom Lessee Name
Lessor: Ascom Hasler Leasing, a program of: Street Address 6% -AQ` uV, °5 git-
Mellon First United LeasingsM
City Min State -CL . Zip 3
100 Corporate North, Bannockburn, Illinois 60015 -1279
Phone: 847 - 615 -0992 Equipment Lease No.
The equipment leased hereunder is as follows Complete all areas using monthly calculations
SPECIAL PAYMENT PROVISIONS (none if left blank)
INITIAL LEASE LAST MONTHLY # TOTAL $
TERM (in months) LEASE PAYMENTS 3Z it
Payment Schedule.
# OF MONTHLY
PAYMENTS
MONTHLY
LEASE PAYMENT
TAX'
TOTAL MONTHLY
LEASE PAYMENT
0 C)
Next 36
L. " Q O '
zk
Next <s
Next
* Tax subject to change without noticer
Payments include: t6METER RENTAL /,SERVICE MAINTENANCE
EIRATE & STRUCTURE INSURANCE
LESSEE INITIALS (none if left blank)
Monthly payments _
to be remitted: >Il.hionthly 0 Quarterly Semi-Annual Annual
1. Lessee shall pay Lessor at the office of Lessor, or at such other place as Lessor may hereafter designate, the amounts listed in the Payment Schedule above for the initial lease term above,
commencing upon delivery of the leased equipment and on the first day of each and every consecutive remittance period thereafter. The last monthly lease payments shown above are payable at
the time of signing this Agreement.
Address of installation if different from the above address::
1a. WHEN THE PAYMENT AMOUNT SHOWN ABOVE INCLUDES THE SERVICE MAINTENANCE PAYMENT AND /OR THE RATE & STRUCTURE INSURANCE PAYMENT
AND /OR THE METER RENTAL PAYMENT, LESSEE ACKNOWLEDGES THAT LESSOR COLLECTS THESE PAYMENTS AS AN ACCOMMODATION TO LESSEE AND LESSOR IS
NOT RESPONSIBLE FOR PERFORMANCE UNDER ANY AGREEMENT FOR SAME.
2. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT, NOR A SUBSIDIARY OR AFFILIATE OF THE MANUFACTURER, NOR THE
MANUFACTURER'S OR VENDOR'S AGENT AND THAT ASCOM HASLER LEASING IS A PROGRAM OFAIELLON FIRST UNITED LEASING, A DIVISION OF MELLON LEASING
CORPORATION AND IS NOT AN AGENT OR ALTER EGO OF ASCOM HASLER MAILING SYSTEMS INC. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH LEASED PROPERTY AND HEREBY DISCLAIMS THE SAME. AS TO LESSOR, LESSEE
LEASES THE EQUIPMENT "AS IS ". IN NO EVENT SHALL LESSOR HAVE ANY LIABILITY FOR NOR SHALL LESSEE HAVE ANY REMEDY AGAINST LESSOR FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, LOSS OF USE, OR ANY OTHER COMMERCIAL LOSS. Lessee has made the selection of the above property based
upon its own judgment, and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessor is not responsible for any repairs, service or defects in the leased
property or the operation thereof.
3. Lessee shall inspect the equipment within five business days after delivery thereof to Lessee. Unless within said period Lessee gives written notice to Lessor specifying any defects in or any other
proper objections to the equipment, it shall be conclusively presumed that Lessee has fully accepted the equipment, that it is in full compliance with the terms of this Lease and is in good condition and repair,
If Lessee cancels or terminates this Lease prior to acceptance of the equipment, Lessee agrees to assume all of Lessor's obligations under any purchase agreement for the equipment, and Lessee agrees to
indemnify and defend Lessor from any claims including any demand for payments by the manufacturer or vendor of the equipment. In addition, Lessee's advance payments are forfeited to Lessor as liquidated
damages.
4. The parties hereto agree that there is no sale of the equipment to Lessee. No right, title or interest in the leased property shall pass to Lessee other than, conditioned upon Lessee's compliance with
and fulfillment of the terms and conditions of this Lease, the right to maintain possession and use the leased property for the full lease term. Said property shall always remain and be deemed personal
property, even though said property may hereafter become attached or affixed to realty. Lessor agrees, to the extent they are assignable, to assign to Lessee, without recourse to Lessor, any warranties received
by Lessor with respect to the equipment leased herein.
5. Lessee, shall, at Lessee's expense, comply with all laws and regulations relating to the leased property or to this Lease, and shall be responsible to pay all license fees and assessments and
sales, use, property, excise and other taxes, penalties and interest now and hereafter imposed by any governmental body or agency upon property leased herein, or for the use thereof. In the event
that any such fees, assessments, taxes, penalties and other interest attributable to the leased property or to this Lease are paid by Lessor on behalf of Lessee or are found due after the expiration
hereof, then upon demand, Lessee shall immediately remit same to Lessor. Lessor. may charge Lessee an administrative fee for paying property tax on Lessee's behalf. The provisions of this
paragraph shall survive the expiration of this Lease.
6. Lessee agrees not to sell, assign, sublet, pledge or otherwise encumber or suffer a lien upon or against any interest in this Lease or the property leased herein, or to remove said property from the place
of installation set forth herein without Lessor's prior written consent. Lessee hereby agrees that Lessor may assign or sell this Lease, in whole or in part, without notice to Lessee, and such assignee shall
assume and be entitled to all benefits herein granted to Lessor. Lessee hereby agrees not to assert any defense, counterclaim or set off which it may have against Lessor against said assignee.
This Lease, consisting of the foregoing AND THE REVERSE SIDE HEREOF; correctly sets forth the entire Agreement between Lessor and Lessee. No agreements or understandings shall be binding on
either of the parties hereto unless specifically set forth in this Lease. The term "Lessee" as"used herein shall mean and include any and all Lessees who sign hereunder, each of whom shall be jointly and
severally bound thereby. Lessee agrees that Lessor's depositing or endorsing of any check or other negotiable instrument shall not be deemed an acceptance of the Lease by Lessor until Lessor signs below.
By execution hereof the undersigned hereby certifies that he has read this Lease, INCLUDING THE REVERSE SIDE HEREOF, and that he is duly authorized to execute this Lease on behalf of Lessee.
Accepted this day of 19 Executed this day of 19
LESSEE NAME:
LESSOR: ASCOM HASLER LEASING, a program of:; -
Mellon First United Leasing"
BY:
4}
BY:
THIS LEASE CANNOT BE CANCELLED AND IS FOR BUSINESS PURPOSES ONLY (Authorized signature andtme)
(Continued on reverse side he�reol)
® 7/97 (�
Pitney Bowes Inc. Z2& a
State and Local Government
RENTAL AGREEMENT
FOR SALES AND
SERVICE INFORMATION 1 (800) 322-8000
ACCOUNT REPRESENTATIVE NAME REP. #
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14361 COMMERCE WAY
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TITLE
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$
DEFERREDINTEREST
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$
ACCEPTED BY:
RENTAL TERMS AND CONDITIONS
By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule attached hereto (the "Equipment")
r business or commercial purposes. Your offer will be binding on us when the accept it by having an authorized employee sign it. All payments hereun-
der shall be payable only to us at our executive office, unless we direct you otherwise in writing.
1. NON - APPROPRIATION. You warrant that you have funds available to pay Total Payments until the end of your current appropriation period and war-
rant that you will request funds to make such payments in each appropriation period from now until the end of the Initial Rental Term. If you properly
request from your legislative body or funding authority funds to be paid to us under this Rental Agreement and such legislative body or fund-
ing authority does not appropriate funds to be paid to us for the Equipment you may, upon the exhaustion of the funding authorized for the
then current appropriation period, return the Equipment to us, at your expense, and thereupon, be released of your obligation to make all Total
Payments to us due thereafter, provided: (1) the failure of the legislative body or funding authority to appropriate the necessary funds is documented
to us as the reason for cancellation, and (ii) you have satisfied all of your obligations to us including the payment of all amounts then due to us under this
Rental Agreement. in the event you return the Equipment pursuant to the terms of this paragraph, we shall retain all sums paid hereunder by you. You
agree not to purchase or rent equipment performing functions similar to those performed through the use of the Equipment for the balance of the appro-
priation period following your exercise of your termination right hereunder.
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE PART OF THIS RENTAL
TAX EXEMPT NO. SALES TAX (IF APPLICABLE) FULL LEGAL NAME OF RENTER
$ 1 C I i iTiYi I to iF:i o I u -r to I I 1,41,Ul f
FROM: TO: DBA NAME
1111. . 1111 _ I I f I I 11 1 1
BY:
TITLE: DATE:
CITY COUNTY STATE ZIP
EQUIPMENT LOCATION IF NOT SAME AS ABOVE
CITY COUNTY STATE ZIP
'END INVOICETOTHEATTENTIONOF CONTACT PHONE
RENTER PLEASE SIGN BELOW
X
PRINT
NAME .�
TITLE I I I I I
+4
,1 31
+
DATE
Pitney Bowes
K.
P€CIMiEN
Bram Gechtman
MAILING ADDRESS:
Account Executive I
BRAM GECHTMAN
PITNEY BOWES INC
14361 COMMERCE WAY
MIAMI LAKES FL 330161585
VOICE MAIL: 1.800.659.2555 X 2661
1.600.322 -8000
x 715 1
FAX: (305) 8221042
111.1.. 11. d. 1... a. 1. 11.a1..d..d11...11..d1......uld..l
BY:
TITLE: DATE:
CITY COUNTY STATE ZIP
EQUIPMENT LOCATION IF NOT SAME AS ABOVE
CITY COUNTY STATE ZIP
'END INVOICETOTHEATTENTIONOF CONTACT PHONE
RENTER PLEASE SIGN BELOW
X
PRINT
NAME .�
TITLE I I I I I
+4
,1 31
+
DATE
INVESTMENT SUMMARY
FOR
CITY OF SOUTH MIAMI
SM94C
Mailing Machine interfaced MM48C Mail Accounting Unit
GSA Purchase Price
EQUIPMENT $ 10,842.00 r
E $ 1 630.00 per year MAINTENANC p y 6*0
POSTAGE ON CALL METER RENTAL $ First Year Free V5
RESET %-Soo - po+ZU�& o" c•-Q-Q $ Included In Meter Rental �
r � o,'
RATE CHANGE PROTECTION +S#woA4 $ 495.00 per year �� .
Price Protection Lease Program
36 mo.
First 12 payment $566.01
Remaining payment $631.76
48 mo.
$482.52
$548.27
60 mo.
$440.24
$505.99
'RICE FROTEC TI6N PRO RAIV1
Neopost's exclusive protection program includes equipment meter
rental, resets, rate changes and maintenance in one convenient invoice
and locked in for the term of the lease,
No #es.
Delivery 30 to 45 Days Delivery and training included
neopost
Y r
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 1/16/98
AGENDA ITEM #
FROM: Diana orr Comm. Mtg. 1/20/98
Interim City Manager General Election Staff
The attached resolution appoints personnel to staff the City of South Miami's General Election
held on Tuesday, February 10, 1998. It also provides for disbursement from Account No. 01-
1200 -4920 "Election ".
Recommendation: Approve.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION;
APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S
GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 10, 1998;
DISBURSEMENT WILL BE CHARGED TO ACCOUNT NO. 01 -1200-
4920 "ELECTION"
WHEREAS, a General Election for the City of South Miami to
elect a Mayor for a two year term; Commissioner from Groups I and
IV for four year terms and a Commissioner for Group II for an un-
expired two year term has been called for Tuesday, February 10,
1998 at the Sylva G. Martin Community Building, 6130 Sunset
Drive; and
WHEREAS, to conduct this election the Commission appointed
sufficient personnel to staff the polling place 6:00 a.m., until
the completion of their task; and
NOW. THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The following individuals have been
identified to work this General Election: Gloria Stinger, Clerk;
Lois L. Marinoff, Deputy Clerk; Rafael De Cardenas, Deputy Clerk;
Lloyd Salsburg, Deputy Sheriff; Jude Bagatti, Deputy Sheriff;
Ruth Anna Salsburg, Inspector; Harold Berman, Inspector, Judy M.
Rescigno, Inspector, Juanita Henderson, Inspector; Helen Carter,
Inspector; Kenneth Neagle, Inspector; Jacqueline Bellah,
Inspector; Thomas Cheesborough, Inspector; Asela Alonso,
Inspector; Elizabeth Watson, Inspector; Clara Guelle, Inspector;
Janet Crew, Inspector; Thomas Peel; Ballot Box; Kenneth Hunt,
stand by and Jacqueline Cofield, stand by.
Section 2. This resolution shall take effect
immediately upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
..;
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To Mayor and City Commission Date: January 13, 1998
Agenda Item #
From: Diana Morris Re: Comm. Mtg. 01/20/98
Cite Manager Microfilm Resolution
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $3,500 FOR
THE MICROFILMING OF PERMITS FOR PLANNING AND ZONING BY THE FIRM OF PROFESSIONAL MICROFILM
SERVICES, INC.; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001 - 1620 - 524.34 -80, WHICH
IS ENTITLED "MICROFILMING;" AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
This is a budgeted item in the 1997 -98 Fiscal Year Adopted Budget which addresses the regular
expenses for records retention incurred as part of the Department's record keeping duties.
RECOMMENDATION: Approval.
Attachments:
Proposed Resolution for Adoption
Copy of Invoice for Payment
City Manager's Report: Microfilm Resolution (Consent Agenda)
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44
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED
$3,500 FOR THE MICROFILMING OF PERMITS FOR PLANNING AND
ZONING BY THE FIRM OF PROFESSIONAL MICROFILM SERVICES,
INC.; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER
001- 1620 - 524.34 -80, WHICH IS ENTITLED "MICROFILMING;"
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, for purchases in excess of $1,000, Article III, §5H
of the City Charter requires Commission approval by competitive
process from at least three different sources of supply; and,
WHEREAS, the City solicited and obtained three proposals in
FY 95/96 for the microfilming of paper records; and,
WHEREAS, the lowest price
Professional Microfilm Services,
late FY 95/96; and,
was submitted by the firm of
Inc. and accepted by the City in
WHEREAS, Professional Microfilm Services, Inc. has completed
2,920 images, in order to address the back log of records, and is
scheduled to continue microfilming records dated through the end
of December, 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Administration is authorized to disburse
a sum not to exceed $3,500 to the firm of Professional Microfilm
Services, Inc. for microfilming of permit records as invoices are
submitted for work completed during the 1997 -98 Fiscal Year.
Section 2. The disbursement shall be charged to expenditure
Account Number 001 -1620- 524.34 -80, entitled "Microfilming ".
Section 3. This resolution shall take effect immediately
upon approval.
Microfilm Resolution: January 20, 1998
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PASSED AND ADOPTED this 20th day of January, 1998.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
c:\ ... \ budget \ Microfilm- resldoc
Microfilm Resolution: January 20, 1998
0MI G)
COMMISSION VOTE:
Mayor Price:
- Vice -Mayor Robaina:
Commissioner Oliveros:
Commissioner Young:
Commissioner Bethel:
2
PROMISE COLOR
7801 N.W. 37TH STREET
SUITE 204
MIAMI, FL 33122
Tel =305 591 -2324
Fax :305 591 -5957
30LD TO:
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
SHIP TO:
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
?OLLS CELIV
"HANK OU F
z,
0 ON 09 -24 -97
YOUR ORDER
FREIGHT CHARGE :
SALES AMOUN :
SALES TA >:
TOTAL SALE:
PAYMENT REC'D :
BALANCE DU : 4t
V f1'.LiYt.f2� 6Ui
831.72
0.00
831.72
0.00
831.72
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: January 13, 1998
Agenda Item #
From: Diana Morris Re: Comm. Mtg. 01/20/98
City Manager C3TS Payment Resolution
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $2,700 FOR
PAYMENT TO THE FIRM OF C3TS: CORZO, CASTELLA, CARBALLO, THOMPSON & SALMAN, P.A.;
PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000 - 219.2520 WHICH IS ENTITLED
"ESCROW - SHOPS AT SUNSET - ONE HOUR PARKING" AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
During the hiatus of construction for the holiday shopping season, change orders and revisions
have been formulated and reviewed by the firm of C3TS on behalf of the City, regarding the
Sunset Drive Improvements Project. The attached resolution approves payment for the services.
RECOMMENDATION: Approval.
Attachments:
Proposed Resolution for Adoption
Copy of Invoice for Payment
City Manager's Report: C3TS Payment Resolution (Consent Agenda)
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
6 THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED
7 $2,700 FOR PAYMENT TO THE FIRM OF C3TS: CORZO,
8 CASTELLA, CARBALLO, THOMPSON & SALMAN, P.A.; PROVIDING
9 FOR DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000 - 219.2520
10 WHICH IS ENTITLED "ESCROW - SHOPS AT SUNSET - ONE HOUR
11 PARKING" AND, PROVIDING FOR AN EFFECTIVE DATE.
12
13
14 WHEREAS, the engineering and architectural firm of C3TS:
15 Corzo, Castella, Carballo Thompson & Salman, P.A., was approved
16 by the City Commission as a consultant for the City; and,
17
18 WHEREAS, the Sunset Drive Improvement Project requires
19 engineering and architectural technical assistance in the form of
20 construction administration which is independent of the developer
21 of the Shops at Sunset Place.
22
23
24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
25 THE CITY OF SOUTH MIAMI, FLORIDA:
26
27
28 Section 1. The City Administration is hereby authorized to
29 disburse payment to the firm of C3TS: Corzo, Castella, Carballo,
30 Thompson & Salman, P.A., in an amount not to exceed $2,700 for
31 services related to the Sunset Drive Improvements Project.
32
33
34 Section 2. This disbursement shall be charged to Account
35 Number 001 - 0000 - 219.2520 which is entitled "Escrow - Shops At
36 Sunset - One Hour Parking."
37
38
39 Section 3. This resolution shall take effect immediately
40 upon approval.
41
42
43 PASSED AND ADOPTED this 20th day of January, 1998.
44
45
C3TS Payment Resolution: January 20, 1998 1
1
2
3 ATTEST:
4
5
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8 CITY CLERK
9
10 READ AND APPROVED AS TO FORM:
11
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15 CITY ATTORNEY
16
17
18 c:/ ... / Budget / MTS- payment 3 . doc
MAYOR
COMMISSION VOTE:
Mayor Price:
Vice -Mayor Robaina:
Commissioner Oliveros:
Commissioner Young:
Commissioner Bethel:
C3TS Payment Resolution: January 20, 1998 2
Mr. Bill Mackey, AICP
Professional Services
For professional construction engineering,inspection and coordination
services provided for the Sunset Drive Improvements between US -1 and
S.W. 57th Avenue.
Services Hourly not to exceed $11,000 per month.
Professional Services
PRINCIPAL
Ramon Castella, P. E.
MEETINGS
11 -23 -97 Mtg. w /Red - Sunset Merchants
PROJECT COORDINATION
11 -16 -97 Alternate Light Fixture -
Coord. w/ Street Furniture
11 -16 -97 Finalization of Punch List
11 -23 -97 Lights /Benches, Etc.
PROJECT MANAGEMENT
11 -16 -97 Finalization of Punch List
ENGINEER - E.I. /ARCHITECT -A.I.
Eduardo Santamaria
PROJECT COORDINATION
11 -09 -97
11 -16 -97
11 -30 -97
CHANGE ORDERS
11 -09 -97
Eleane M. Lugo
PROJECT COORDINATION
11 -30 -97
Hours Rate Amount
- - - -- - - - - - -- --
2.00 80.00 160.00
2.00 80.00 160.00
1.50 80.00 120.00
1.50 80.00 120.00
2.50 80.00 200.00
.25
64.00
16.00
1.25
64.00
80.00
.75
64.00
48.00
.25
64.00
16.00
1.00 64.00 64.00
INVOICE FOR PROFESSIONAL SERVICES
90 T Ponce de Leon Blvd.. Suite 900.
• • Coral Gables; Florida ` ';33134" '
305.445.2900 1.800.d48.0227 W:
En ineer s Facsimile 305.445.3366 i
g
Ar c h i t e c t s
EB0005022 AAC002T42.
P l a n n e r s
Project 228 -01 Sunset Drive Improvements
Invoice number 6050
November 30, 1997
Page number 2 _..
Professional Services
--------------- - - - - --
Hours
- - - - - -- -
Rate
- - - --
Amount
---- - - - - --
Diana Sudasassi
MEETINGS
11 -23 -97 Meeting @ Sunset- Lights
.50
64.00.
32.00
PROJECT INVESTIGATION
11 -09 -97
1.00
64.00
64.00
11 -16 -97 New lights for
Sunset
3.00
64.00
192.00
11 -30 -97
4.50
64.00
288.00
PROJECT COORDINATION
11 -09 -97
1.00
64.00
64.00
CADD WORK
11 -09 -97
3.50
64.00
224.00
11 -30 -97 Plots for B.A.
& Partners
2.00
64.00
128.00
TRANSMITTALS
11 -30 -97
2.00
64.00
128.00
Services total
- - - - - --
30.50
---- - - - - --
2,104.00
Invoice total
2,104.00
Project Billing Summary
Prior
Current
Total
Professional Services
27,536.25
2,104.00
29,640.25
Reimbursable Expense
1,815.14
.00
1,815.14
Total 29,351.39
2,104.00
31,455.39
a
Thank you,
ra/r-, /IC Z,
Ramon Castella, P. E.
C 3 T S
�i
FI)7- 7
j,
DEC 1 7 X997
PLANNI !G Di' iS.+.;
1'= it
Equal Opportunity Employer
INVOICE FOR PROFESSIONAL SERVICES
901 Ponce de Leon ?Bivd., Suite 900
• Coral Gables, Flonda '33134
• • 305.445.29001.800.448.0227
Engineers Facsimile 305.445 .3366. -
A r c h it e c t s EB0005022 AAC002 142
Project 228 -01 Sunset Drive Improvements
03 - Construction Engineering & Inspection.
City of South Miami Building Dept.
6130 Sunset Drive
South Miami, F1 33143
Mr. Bill Mackey, AICP
Professional Services
For professional construction engineering,inspection and coordination
services provided for the Sunset Drive Improvements between US -1 and
S.W. 57th Avenue.
Services Hourly not to exceed $11,000 per month.
Professional Services
PRINCIPAL
Ramon Castella, P. E.
MEETINGS
12- •21 -97 ERPB - Lights & Street
Furniture
12 -21 -97 Progress Meeting (12/16/97)
PROJECT MANAGEMENT
12 -21 -97
ENGINEER - E.I. /ARCHITECT -A.I.
Eduardo Santamaria
MEETINGS
12 -21 -97
PROJECT COORDINATION
12 -14 -97
12 -21 -97
12 -28 -97
CHANGE ORDERS
12 -21 -97 No. 1
APPLICATIONS FOR PAYMENT
12 -21 -97 No. 4
DATA PROCESSOR (SECRETARY /EEO)
Grace D. Morales
Hours Rate Amount
.50 80.00 40.00
1.50 80.00 120.00
.50 80.00 40.00
1.50
64.00
96.00
.50
64.00
32.00
.75
64.00
48.00
.50
64.00
32.00
1.00 64.00
.25 64.00
64.00
16.00
Equal Opportunity Employer
INVOICE FOR PROFESSIONAL SERVICES
Professional Services
--------------- - - - - --
CLERICAL.
12 -14 -97
12 =21 -97
Invoice number 6141
December 31, 1997
Page number 2
Hours Rate Amount
- - - - - -- - - - - -- ---- - - - - --
2.50 24.00
.50 24.00
Services total 10.00
Project Billing Summary Prior
Professional Services 29,640.25
Reimbursable Expense 1,815.14
Total 31,455.39
Thank you,
Ramon Castella, P. E.
C 3 T S
n
60.00
12.00
560.00
Invoice total 560.00
Current Total
560.00 30,200.25
.00 11815.14
560.00 32,015.39
... .r
r..
t
�W
JAN 1 3108
Equal •...
401 Ponce de Leon Blvd ,Suite 900f , �+
•
Coral Gables, Florida `33134
,g
305.445.29001.800.448.0227
E n g i n e e r
Facsimile 305.445.3366.-
.� n ,
Architects
EB0005022 AAC002142
P I a n n e r s
Project
228 -01 Sunset Drive Improvements
Professional Services
--------------- - - - - --
CLERICAL.
12 -14 -97
12 =21 -97
Invoice number 6141
December 31, 1997
Page number 2
Hours Rate Amount
- - - - - -- - - - - -- ---- - - - - --
2.50 24.00
.50 24.00
Services total 10.00
Project Billing Summary Prior
Professional Services 29,640.25
Reimbursable Expense 1,815.14
Total 31,455.39
Thank you,
Ramon Castella, P. E.
C 3 T S
n
60.00
12.00
560.00
Invoice total 560.00
Current Total
560.00 30,200.25
.00 11815.14
560.00 32,015.39
... .r
r..
t
�W
JAN 1 3108
Equal •...
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: January 20, 1998
FROM: DiMorris SUBJECT: Agenda Item #
Interim City Manager Commission Meeting,
January 20, 1998
MURRAY PARK BUILDING
DEMOLITION WORK
Approval is sought through the attached resolution for an expenditure to demolish the
small building at Murray Park. The concrete block structure (CBS) building has been
determined to be unsafe due to structural deficiencies. Given the type and extent of these
deficiencies, correcting them it is not cost effective.
It has been determined by the Building and Public Works Departments that demolition of
the Murray Park CBS building is the best option. To this end, quotations have been
obtained from three contractors specializing in this work. The low bidder is Lango
Equipment Service, Inc. Their bid is $4,650.00, which includes hauling away all debris
and installing a "sewer cap" on the underground septic tank.
Trailer structures will be provided as a temporary measure to allow for the continuation
of the park building's current uses.
Authorization is recommended.
Attachments
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, AUTHORIZING THE CITY MANAGER TO
6 DISBURSE THE SUM OF $4,650.00 TO LANGO
7 EQUIPMENT SERVICE, INC. FOR THE DEMOLITION OF
8 THE MURRAY PARK CONCRETE BUILDING AND
9 CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01-
10 1750 -519 -4670 "LANDSCAPE DIVISION - MAINTENANCE
11 AND REPAIR OF GROUNDS AND STRUCTURES ".
12
13 WHEREAS, the concrete block building at Murray Park has been determined to
14 be unsafe due to structural deficiencies, and;
15
16 WHEREAS, the only cost effective solution is to demolish the building and
17 temporarily set up trailer structures suitable for the uses the building has provided, and;
18
19 WHEREAS, the Public Works Department has obtained quotations from
20 demolition contractors in other to proceed with the work.
21
22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. The following price quotations have been obtained for the
26 demolition work:
27
28 Lango Equipment Service, Inc. $4,650.00
29 South Florida Clearing, Inc. $5,490.00
30 Lopefra Corp. $6,850.00
31
32 Section 2. The City Manager be authorized to disburse the sum of $4,650.00 to
33 Lango Equipment Service, Inc. for the demolition and debris clearing.
34
35 Section 3. This resolution shall be effective immediately and upon adoption
36 hereof.
37
38 PASSED AND ADOPTED this 20th day of January, 1998.
39
40
41 ATTEST: APPROVED:
42
43
44 CITY CLERK MAYOR
45
46
47 READ AND APPROVED AS TO FORM
48
49
50 CITY ATTORNEY
01/05/1998 13:52 3058229572 LANGO EQUIPMENT �Aut Ul
Lango Equipment
Service, Inc.
P.O. Box 2637 / Hialeah, FL 33012-0637
(305) 822-4646
lytk:� 1741JOY LA TORRE
i " I 11r OF- `. :I(Aj 1' 1-4 011 1-'11V1 I
419-') /.5TH ()VENL.JF,
lIff-INI F-i-
P R 0 P 0 G n L
J02 6-100 %.-.).W. ;BATH
J. E. MURROY PARK
WL HL.J-4 I -'0 ;
SUB111T S3PECIFICATIONS AND ESTI]VIATE FOR:
DUAY11-A.-I l' 10N MD REMOVAL OF ONE.-I STORY CB-- DWEL-LING,
0111('-AAJDING FOiJ114DATION AND CC3N(.-.Ri:-:-I'E %.Ai:+ LOCATL-1) AROUND
Dj"NG".
Wf-,' W,([,.I,-- S�..:CURE AND PAY FOR DEMOL I TI ON., DERM PLUMPTNG
4 - wu. mt..j�; r f ,ROVIDE WITH ASLAESTUS SURVEY, C0ST'- *65z'�- 00
REMOVAL.
WE. DIMLY RE-,-.MC)VL CAGETORY I NJON-FRI�iBLE' MTERIAL
WE I- WE
i01y4-'-` SLAY1 PfRICE-- $4, 650.00.
fit C, 1: -1 A 1, L, : E 0R P R 0 V C) S f-) L.
Sent by: LOPEFRA CORP. 3052669825 01/07/98 9:10AM Job 66 Page 1/1
LOPEFRA CO".
2601 S.W. 59 C1. Miami FI, 33155 (305) 266- 3896 (305) 266 -9825 Fax
Estimate Date: `J0 N
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SIDEWALK ACCESS PROBLEM DISCONNECT ALL UTILITIES
HAUL AWAY FILL ASBESTOS PROBLEM PERMITS BY US
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PROPOSAL
SOUTH FLORIDA CLEARING, INC.
LAND CLEARING AND DEMOLITION
CC# 94BS00367
8996 N.W. 187th STREET Phone: (305) 826 - 3059•(305) 829- 3564•FAX: (305) 829 -9572
MIAMI, FLORIDA 33015 Miguel Beeper: (305) 549- 0265•Cellular: (305) 778 -6565
Proposal #: 98001
Date: January 8, 1998
PROPOSAL SUBMITTED TO:
Name: City of South Miami
Street: 4795 S.W. 75 Avenue
Suite:
City/State/Zip: South Miami, FL 33155
Phone #: (305) 663 -6350
Fax #: (305) 261 -3791
Attention: Rudy de la Torre
WORK TO BE PERFORMED AT:
Job Name:
Street: 6700 S.W. 58 Place
City: South Miami
State: Florida
We hereby propose to furnish all the•materials and perform all the labor necessary for the completion of:
Demolition of structure including footing leaving lot rough grade. Hauling away of all demolition debris. $ 4,500.00
Sewer Cap 200.00
Asbestos Survey by ATC Associates (882 -8200) Richard Tong 790.00
**Survey costs can be paid directly to the company performing the survey, Our company is not responsible for the removal of
asbestos.
Our company will not assume the responsibility for the signing of any, asbestos affidavit. Affidavit requires testing, and
our company does not include any of those costs in this proposal. The removal of any asbestos is the responsibility of the owner.
All material is guaranteed to be as specified, and the above work to be performed in according with the drawings and
specification submitted for above work and completed in a substantial workmanlike manner for the sum of.
Dollars $ 5,490.00
with payments to be made as follows:
The balance is due no later than ten (10) days upon completion of job.
Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and
will become an extra charge over and above the estimate, All agreements contingent upon strikes, accidents or delays beyond
our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workman's Compensation and Public
Liability Insurance on above work to be taken out by: South Florida Clearing, Inc.
Respectfully submitted Miguel A. Rodriguez
Per South Florida Clearing, Inc.
Note -This proposal may be withdrawn by us if not accepted within 30 days
ACCEPTANCE OF PROPOSAL
The prices, specifications and conditions above are satisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as outlined above.
Date:
Signature:
Miguel Rodriguez
Date: Signature:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: January 20, 1998
FROM: Diana Morris
Interim City Manager
SUBJECT: Agenda Item #
Commission Meeting,
January 20, 1998
LANDSCAPE MAINTENANCE
CONTRACT - US 1 MEDIAN
The attached resolution seeks authorization to enter into a contract with Recio and
Associates, Inc. for landscape maintenance services along US 1 (Dixie Highway). The
total expenditure on this service is not to exceed $9,500.00 for the remainder of this fiscal
year. Recio is a well known contractor with over 20 years' experience in the field. The
firm's clients are numerous, and include the Florida Department of Transportation and
cities like Coral Gables and Miami Dade County.
Public Works landscaping crews are responsible for maintenance of all City parks
(excluding ball fields), medians, right -of -ways, and buildings such as City Hall and the
Department's own complex. This is a substantial workload for a crew of four people.
Employing a professional landscaping firm to maintain the long stretch of US 1 median
will free up the Public Works crew to better maintain the green areas throughout the city.
In addition, this approach reduces the risk of injury and/or equipment damage associated
with the frequent exposure to Dixie's high speed traffic.
The proposed contract essentially adopts the competitive rates set in a similar contract
between Recio and Associates and the City of Coral Gables (Contract No. PN/36513).
Work specifications include mowing, weeding, edging, and fertilizer application twice a
year. At Recio's rate of $1,133 per month (two monthly cycles), the cost rate is actually
below the estimated $800.00 per cycle, or $1,600.00 per month in labor alone using City
crews (approximately 60 man -hours per cycle is required to complete the median).
Additionally, the service level will be significantly improved, since City crews sometimes
cannot complete two cycles monthly due to workload fluctuations and manpower
restrictions.
\continued...
MAYOR AND COMMISSION
PAGE TWO
JANUARY 20, 1998
Although the funding requested for this fiscal year is $9,500.00, the net cost to the City
will be well below this. This is due to a State funding source which the current Public
Works administration recently became aware of and requested (this source had not been
tapped since 1986). Because US 1 is a State road, a maintenance agreement will be in
effect whereby the City will receive approximately $7,413.00 for maintenance starting
July 1, 1998 through the remainder of the State's fiscal year (June, 1999). The annual
amount thereafter will be the same. As a result of this funding source, the net cost for this
fiscal year will be approximately $2,087.00.
Providing maintenance of the US 1 median is a prudent and cost effective measure. It is
therefore recommended that authorization be granted to execute the contract.
Attachments
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, AUTHORIZING THE CITY MANAGER
6 TO ENTER INTO AN AGREEMENT WITH RECIO
7 LANDSCAPING, INC. FOR LANDSCAPE
8 MAINTENANCE SERVICES OF THE US 1
9 HIGHWAY MEDIAN AT A COST NOT TO
10 EXCEED $9,500.00 FOR THE CURRENT FISCAL
11 YEAR AND CHARGING THE DISBURSEMENT
12 TO ACCOUNT NO. 01 -1750 -519 -4625,
13 "LANDSCAPE MAINTENANCE ".
14
15 WHEREAS, the workload associated with maintenance of the US 1
16 median places a significant strain on the Public Works landscape crew, and;
17
18 WHEREAS, the high speed traffic typically present along US 1
19 poses a degree of danger to City personnel and equipment, and;
20
21 WHEREAS, eliminating the City's role in providing routine
22 maintenance of this median's minimizes the liability exposure and allows
23 the landscape crews to better maintain other facilities, including parks and
24 right -of -ways, and;
25
26 WHEREAS, the Public Works Department has identified a highly
27 qualified and experienced landscape maintenance firm on contract with the
28 City of Coral Gables, the Florida Department of Transportation, and
29 numerous other agencies within the State and County.
30
31 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
32 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. The City Manager be, and is hereby authorized to enter
35 into an agreement with Recio and Associates, Inc. for landscape
36 maintenance services along the US 1 median between S.W. 57th
37 Avenue and S.W. 80' Street.
38
39 Section 2. The agreement's terms and fee structure will be similar
40 to that of City of Coral Gables contract number PN/36513, authorized
41 through Resolution No. 29005 in January, 1996.
42
1
2
3
4
5
6
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15
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Section 3. The total amount to be spent on the above referenced
contract will not exceed $9,500.00 during the fiscal year 1997 -98.
Section 4. This resolution shall be effective immediately and upon
adoption hereof.
PASSED AND ADOPTED this 20th day of January, 1998.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM
CITY ATTORNEY
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THE CITY OF CORAL GABLESt FLORIDA
GENERAL BID CONDITIONS
Bidder Oualifications
Bids will only be considered from firms which meet the following
criteria:
The City of Coral Gables intends to procure the item(s) as
specified herein from source(s) of supply that will give prompt,
professional and convenient service of acceptable quality.
An inspection of the Bidder's facilities and /or equipment may be
made prior to award. Bidders shall further provide all information
requested on the Bid Sheet regarding its current contracts with
other entities and regarding equipment and manpower available
solely for this contract, if awarded. FAILURE TO PROVIDE COMPLETE
AND ADEQUATE INFORMATION WITH THE BID MAY BE CAUSE FOR REJECTION OF
THE BID.
Bids will be considered only from firms that are regularly engaged
in the business of providing the goods and /or services as described
in this Bid; that have a record of regular performance of similar
scope and quantity for a reasonable period of time; and that have
sufficient financial support, equipment and organization to insure
that they can satisfactorily execute the services if awarded an
Agreement under the terms and conditions herein stated.
The terms "equipment" and "organization" as used- herein shall be
construed to mean a fully equipped and well established company in
line with the best business practices of the industry as determined
by the proper authorities of the City of Coral Gables.
Bidders shall be fully licensed to perform the work described
herein, and shall submit copies of same with the Bid.
Examination of Site
Each bidder is required, when applicable and prior to submitting a
bid, to visit and inspect the site and to acquaint himself with the
needs and requirements of the area.
Workmanship and Materials
All materials used in the performance of this contract shall be new
and unused, unless specifically authorized otherwise by the City.
All workmanship shall be of the highest quality and shall conform
to all applicable Building,. landscaping and other codes and to
highest industry standards.
- 2 -
INSPECTIONS OF IN PROGRESS AND COMPLETED WORK:
Inspections of work in progress shall be made as often as deemed
necessary by City. Work not properly performed or at variance to
the contract provisions and /or bid specifications shall be redone
to the City's satisfaction at no additional charge. Approval of
any work prior to final acceptance shall not preclude rejection of
completed work that does not meet specifications or that is
unsatisfactory.
Protection of Propert
The Contractor shall at all times guard against damage to or loss
of property of the City and shall replace or repair any loss or
damage cause. The City may withhold payment or make such
deductions as it might deem necessary to insure reimbursement for
loss or damage to City property caused through negligence of the
Contractor or its agents.
Compliance with City, County, State and Federal Law
The Contractor shall comply with all rules, regulations and laws of
the City of Coral Gables, Dade County, the State of Florida and the
United States Government now in force or hereafter to be adopted.
Fees, Permits and Licenses
The Contractor shall obtain and pay for all licenses, permits and
inspection fees as may be required for this project. Additionally,
the Contractor shall also be solely responsible for any and all
taxes levied on his operation.
Delivery Time:
Bidders shall indicate on the Bid Sheet the number of calendar days
required to begin work after receipt of order, and the number of
calendar days required to complete work after start. Bidders shall
bid only those items for which they can meet completion
requirements. City must be notified immediately by Contractor of
any impending delay which may require an extension of completion
time.
Insurance
Within twenty- four(24) house after notification, the successful
bidder shall furnish evidence of Insurance to the Risk Manager.
Submitted evidence of coverage shall demonstrate strict compliance
to all requirements listed on the attached sheet "Insurance
Requirements." Under no circumstances shall a Contractor start
work until he has supplied to the City a certificate of insurance,
and performance and payment bond, if required.
- 3 -
Performance Bond, Bond Form and Requirements
Within ten (10) calendar days after notice of award, the bidder
shall post a Performance Bond from a Corporate Surety which is
satisfactory to the City as security for the prompt payment to all
persons supplying labor and material in the prosecution of the work
to be performed under this agreement and on any and /or all duly
authorized modif icatins hereof. Such bond shall be on a form
approved by the City. The amount of the bond shall be a sum equal
to one hundred percent (100 %) of the total price.
Proposal (Bid) Bond
Bidder's proposal will require an accompanying Bid Bond (copy
enclosed) with a Certified Check, Cashier's Check, Treasurer's
Check or bank draft of any State or national bank representing two
and one half per jen't (2.5 %) of the total amount of the bid. The
Bonding Company must appear on, the US Treasury list. The proposal
bond will be retained until after award of the bid. No bid will be
considered without the proposal bond included.
Hold Harmless and Indemnification
The Contractor shall indemnify, defend and save harmless t h e
City, its agents, officers and employees, and all claims, suits,
actions, damages or causes of action arising during the term of the
Agreement for any personal injury, loss of life, or damage to
property sustained in or on the premises by reason of or as a
result of Contractor's use, activities and operations thereon; from
and against all costs, attorney's fees, expenses and liabilities
incurred in the defense of any such claim and the investigation
thereof.
AWARD:
The contract(s) will be awarded to the most responsive and
responsible bidder whose bid conforming to the specifications is
the most advantageous to the City, considering the prices bid, the
experience, the qualifications of the bidder, and the bidders
current and immediately available resources. The City shall award
a contract to a bidder through notification by its duly authorized
agents, which will be administratively supported by a written
contract document and purchase order furnished to the sucessful
bidder.
Cancellation
The Purchasing Director or the City Manager, by written notice, may
terminate in whole or in part any Agreement resulting from this
invitation, when such action is in the best interest of the City.
If the Agreement is so terminated, the City shall be liable only
for payment for services rendered prior to the effective date of
- 4 -
termination. Services rendered will be interpreted to include
costs of items already delivered plus reasonable cost of supply
action short of delivery. The bidder shall be in default of the
contractual obligations if any off the required documents are not
submitted in a timely manner and in the form required by the City.
If the bidder is in default, the City will rescind its acceptance
of the Bidders offer and may determine to accept the offer of the
second most responsive, responsible bidder, or it may resolicit
bids. The City may seek monetary restitution from the defaulted
bidder as a result of damages or excess costs sustained.
Default
The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful bidder to accept
the award, to furnish required documents, and /or to fulfill any
portion of this #,contract within the time stipulated or within
thirty (30) days, whichever is earlier, The City may, by written
notice to the Contractor, terminate the bid /contract if the
Contractor has been found to have failed to perform his services in
a manner satisfactory to the City. In the event the Contractor is
found to be in default, any and all re- procurement costs may be
charged against the Contractor, and may also result in the supplier
being debarred or suspended from future City bids.
Assignment of Agreement
The Contractor shall not, at any time during the tenure of the
Agreement, subcontract any part of his /her operations or assign any
portion or part of his /her operations or assign any part of the
Agreement, except under and by virtue of permission granted by the
City through the proper officials.
Discrimination
There shall be no discrimination as to race, color, creed,
handicap, or national origin in the operation referred to by this
Agreement.
The City will not be responsible for any expenses incurred for
preparation of this Bid Response by the successful or unsuccessful
bidders. The General Terms and Conditions, the Special Conditions,
the Technical Specifications, the Bidder's response and the
purchase order are collectively and integral part of the contract
between the City and the Contractor.
WE /I. THE UNDERSIGNED. DO HEREBY STATE THAT WE /I HAVE READ AND
UNDERSTOOD ALL ITEMS LISTED IN THE GENERAL BID CONDITIONS.
SIGNED:-
COMPANY:
- 5 -
TITLE:
CITY OF CORAL GABLES
�. INSURANCE REQUIREMENTS FOR CITY PROJECTS
Bidder shall pay on behalf of, indemnify and save City and its
officials. harmless from and against any and all claims,
liabilities, losses, and causes of action, which may arise out of
bidder's performance under the provisions of the contract,
including all acts or omissions to act on the part of bidder,
including any person performing under this Contract for or on
bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or
misconduct of the City and, for an against any orders, judgements
or decrees which may be entered and which may result from the
Contract, unless attributable to the negligence or misconduct of
the City, and from and against all costs, attorneys' fees, expenses
and liabilities incurred in the defence of any such claim, or the
investigation thereof.
The vendor shall furnish to the City of Coral Gables Purchasing
Department at 340 San Lorenzo, Coral Gables, Florida Certificate(s)
of Insurance which indicates that insurance coverage has been
obtained which meets the requirements as outlined below:
(a) Workmen's Compensation Insurance for all employees of the
vendor as required by Florida Statute 440.
(b) Public Liability Insurance on a comprehensive basis in an
amount not less than $300,000.00 limit per occurrence for
bodily injury and property damage. City must be shown as
an additional insured with respect to this coverage.
(c) Automobile Liability Insurance covering all owned, non -
owned and hired vehicles used in connection with the work.
in an amount not less than statutory combined single
limit per occurrence for bodily injury and property
damage.
The City of Coral Gables needs to be named as additional insured.
BINDERS ARE UNACCEPTABLE. The insurance coverage required shall
include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the
vendor.
All insurance policies required above shall be issued by companies
authorized to do business under the laws of the State of Florida,
with the following qualifications:
The company must be rated no less than "B" as to as to
management, and no less than "Class V" as to financial
strength, by the latest edition of Best Key Rating Insurance
Guide or acceptance of insurance company which holds a valid
Florida Certificate of Authority issued by the Stata of
VENDOR BACKGROUND INFORMATION
This questionnaire is to be submitted to the City of Coral Gables
Purchasing Department by the Bidder, along with the bid being
submitted for the goods and /or services required by the City of
Coral Gables. Do not leave any questions unanswered. When the
question does not apply, write the word(s) "None ", or "Not
Applicable ", as appropriate. Failure to complete this form, when
applicable, may disqualify your bid.
LICENSES
1. County or Municipal Occupational License Number (attach a
copy).
2. Occupational License Classification:
3. License ExpirationrDate:
4. State License Number (attach a copy):
INSURANCE
5. Name of Insurance Carrier:
6. Type of Coverage:
7. Limits of Liability:
8. Coverage /Policy Dates:
9. Name of Insurance Agent:
Agent(s) telephone including area code:
EXPERIENCE
10. Number of years your organization has been in business:
11. Number of years experience BIDDER (person, principal of firm,
owner) has had in operations of the type required by the
specifications of the Bid:
12. Number of Years experience BIDDER (firm, corporation,
proprietorship) has had in operations of the type required by
the specifications of the Bid:
FROM REGIO &ASSOCIATES PHONE NO. 3059947779 Jan. 14 1999 04 :21PM P1
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Post -W Fax Note 7671 rToms/1P° r rr�. tdv /t rn
Phone # tS � Fh�onEL+ tt�?/� f f
f ,' ` /
Wednesday, January 14, 1998 FaX .3"7
Mr. Fernando Rodriguez, Director
The City of South Miami Public Works Department
4795 S.1t11. 75th Avenue
South Miami, FL 33155
� a
Re, Proposed Landscape Maintenance of US 1 Medians �
Between SW 57th Avenue and SW 80th Street ,
Dear Mr, Rodriguez, 4w a
Please be adviser! that Recio & Associates, Inc. shall adhere to the Scope of Work noted in the City of Coral Gables° Contrtict
No. PN36513 in performing the maintenance for the referericed proposal,
It you should have any questions regarding this matter, please do net hesitate in calling me at (305) 994 -7811.
P
a
Sincerely,
i
e tions Manager
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GENERAL CONTRACTOR°
LANDSCAPING * NURSERIES + MAINTENANCE
8053 N.W` 64TH STREET ® MIAMI, FLORIDA 33166 ® TELEPHONE-"994-7811 ¢ FAX 994 ^7779
FROM : RECIO&ASSOCIATES
PHONE NO. : 3059947779 Jan. 14 1998 04:22PM P2
FROM : RECIO&ASSOCIATES PHONE NO. : 3059947779 Jan, 14 1998 04:23PM P3
X104110). CERTIFIC ATE OF INSURANCE
wc U joert # THIS CERTIFTCATF IS ISSUED AS A MATTLA OF INFORMATION
Suncoast Insurance Assoc ciar-es ONLY AND CONFERS KO R'G4tS UPON THE CEATIFICArC-
i4OLDF-R. THIS CERTIFICATE DOES NOT AMEND. WrKD Cn
0. Box 22,666 ALTeR VT COVEPAG15 AePORDED 9* THE FOUCIES AFLCW.
Tarrilba, FL 33622-2668
COMPANIES AFFORDING COVERAGE
COVPAr-I
ARISCOR? Insurance '-Cmpany
Ptecio & AsZociatea
Recio Nursery
CUMPANY
8053 NW 64 St C
Miami, FT 33166
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
RESOLUTION NO.
1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
2 OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING
3 AN APPLICATION FOR A GRANT AUTHORIZING
4 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
5 SOUTH MIAMI AND MIAMI -DADE COUNTY, THROUGH
6 ITS SAFE NEIGHBORHOOD PARKS OFFICE
7 SUBSTANTIALLY IN THE FORM OF THE AGREEMENT
8 ATTACHED HERETO. AS EXHIBIT A DESIGNATING THE
9 CITY MANAGER AS THE CITY'S REPRESENTATIVE AND
10 AUTHORIZING AND APPROVING RECEIPT OF $55,000.00
11 IN PROCEEDS OF THE SAFE NEIGHBORHOOD PARKS
12 BOND PROJECT AND APPROVING USE OF THE BOND
13 PROCEEDS TO RENOVATE A BUILDING AND EQUIP OPEN
14 SPACE PARK LOCATED AT 6820 S.W. 64TH AVENUE.
15
16
17 WHEREAS, the citizens of Metropolitan Dade County have authorized the
18 issuance of general obligation bonds (the `Bonds ") for the purpose of financing
19 capital improvement programs for certain parks, beaches, natural areas and
20 recreation facilities; and
21
22 WHEREAS, to implement and give effect to the bond program,
23 Metropolitan Dade County, Florida enacted Ordinance 96 -115, the Safe
24 Neighborhood Parks Ordinance (the "Ordinance "); and
25
26 WHEREAS, it is necessary and desirable to improve the quality of life, to
27 benefit property values, to promote prevention of juvenile crime by providing
28 positive recreation opportunities, and to improve the recreation facilities for youth,
29 adult, and senior citizens in this community through the improvement of our parks
30 and natural areas; and
31
32 WHEREAS, in order to foster those important values, the projects more
33 specifically listed below have been identified for reimbursement pursuant to the
34 terms of the Ordinance; and
35
36 WHEREAS, pursuant to the terms of the Ordinance, the passage of this
37 resolution and the acts contemplated by this resolution are conditions to obtaining
38 a grant; and
39
40 WHEREAS, the City of South Miami wishes to ratify the application for
41 the grant monies for the project listed below subject to all terms and conditions of
42 the Ordinance; and
43 WHEREAS, the City of South Miami authorizes the acceptance of the
44 funds awarded pursuant to the application and to further evidence acceptance
45 therefore by.
46
47
48 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
49 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
50
51 Section 1. The City of South Miami hereby approves and ratifies the
52 application for a grant for the project and in the amount listed below, and in
53 connection with such application to execute such grant agreement and other
54 contracts and documents, to expend Safe Neighborhood Parks bond funds
55 received for the purpose described in the funding request, to execute any necessary
56 amendments to the grant application and contracts, and take such other acts as
57 may be necessary to bind the City of South Miami and accomplish the intent of this
58 resolution. Application has been made and tentatively approved with respect to
59 each of the following project (the "Projects") in the amount set forth below.
60
61 Year One Total
62 Grant Title Funding r nt
63 Open Space Park $55,000.00 $55,000.00
64
65 Section 2. City of South Miami shall complete each of the Projects in
66 accordance with the terms of the grant agreement, the Ordinance, and the
67 administrative rules authorized by the Citizens' Oversight Committee (the
68 "Committee ") to implement the Ordinance. If the total cost of a Project exceeds
69 the value allocated in the grant, then the City of South Miami will provide any
70 supplemental funds required to complete the Project. In the event that
71 supplemental funds are necessary for completion of a Project, as of the point in
72 time that it is known that supplemental funds are needed, the City of South Miami
73 will demonstrate that such supplemental funds have been committed to the Project
74 prior to and as a condition of disbursement or further disbursement of grant funds.
75 The requirement for the City of South Miami to provide any supplemental funds
76 required to complete the Project may, at the sole discretion of the Committee, be
77 modified in whole or in part by a reduction in scope of work consistent with the
78 Ordinance.
79
80 Section 3. The City of South Miami recognizes and directs that any
81 beach, park, or other public facility acquired, developed, rehabilitated or restored
82 with bond funds, including the Projects, shall be open and accessible to the public
83 without discrimination as to race, color, gender, age, religion, belief, residence,
84 natural origin, marital status or disability.
85 Section 4. To the extent allowed by law, the City of South Miami shall
86 commit any and all funds which may be required to operate, maintain and provide
87 programming at each park project upon its completion.
88
89 Section 5. No substitution in capital project funding by the City of
90 South Miami shall occur as a result of the grant for which the City of South Miami
91 has applied and has been awarded.
92
93 Section 6. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 20th day of January , 1998
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO: Mayor & City Commission DATE: January 20, 1998
AGENDA ITEM #
FROM: Diana orris Comm. Mtg.1 /20/98
Interim City Manager Multipurpose Center
The attached resolution authorizes the City Manager to execute an agreement between the
City and the Miami -Dade Office of Safe Neighborhood Parks relating to the City's receipt
of a grant in the amount of $59,500.00 to be used to pay certain cost related to the design
of a facility known as the Multipurpose Center to be located at Murray Park situated as
6700 S.W. 58th Place.
RESOLUTION NO.
1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
2 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
3 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
4 SOUTH MIAMI AND MIAMI -DADE COUNTY, THROUGH
5 ITS SAFE NEIGHBORHOOD PARKS OFFICE
6 SUBSTANTIALLY IN THE FORM OF THE AGREEMENT
7 ATTACHED HERETO AS EXHIBIT A DESIGNATING THE
8 CITY MANAGER AS THE CITY'S REPRESENTATIVE AND
9 AUTHORIZING AND APPROVING RECEIPT OF $59,500.00
10 IN PROCEEDS_ OF THE SAFE NEIGHBORHOOD PARKS
11 BOND PROJECT AND APPROVING USE OF THE BOND
12 PROCEEDS TO BE USED TO PAY CERTAIN COST
13 RELATED TO THE DESIGN OF A FACILITY KNOWN AS
14 THE "MULTIPURPOSE CENTER" TO BE LOCATED AT
15 MURRAY PARK SITUATED AT 6700 S.W. 58TH PLACE.
16
17
18 WHEREAS, the citizens of Metropolitan Dade County have authorized the
19 issuance of general obligation bonds (the `Bonds') for the purpose of financing
20 capital improvement programs for certain parks, beaches, natural areas and
21 recreation facilities; and
22
23 WHEREAS, to implement and give effect to the bond program,
24 Metropolitan Dade County, Florida enacted Ordinance 96 -115, the Safe
25 Neighborhood Parks Ordinance (the "Ordinance"); and
26
27 WHEREAS, it is necessary and desirable to improve the quality of life, to
28 benefit property values, to promote prevention of juvenile crime by providing
29 positive recreation opportunities, and to improve the recreation facilities for youth,
30 adult, and senior citizens in this community through the improvement of our parks
31 and natural areas; and
32
33 WHEREAS, in order to foster those important values, the projects more
34 specifically listed below have been identified for reimbursement pursuant to the
35 terms of the Ordinance; and
36
37 WHEREAS, pursuant to the terms of the Ordinance, the passage of this
38 resolution and the acts contemplated by this resolution are conditions to obtaining
39 a grant; and
40 WHEREAS, the City of South Miami wishes to ratify the application for
41 the grant monies for the project listed below subject to all terms and conditions of
42 the Ordinance; and
43
44 WHEREAS, the City of South Miami authorizes the acceptance of the
45 funds awarded pursuant to the application and to further evidence acceptance
46 therefore by.
47
48
49 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
50 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
51
52 Section 1. The City of South Miami hereby ratifies the application for a
53 grant to fund certain cost related to the design of the project and in the amount
54 listed below, and in connection with such application to execute such grant
55 agreement and other contracts and documents, to expend Safe Neighborhood
56 Parks bond funds received for the purpose described in the funding request, to
57 execute any necessary amendments to the grant application and contracts, and take
58 such other acts as may be necessary to bind the City of South Miami and
59 accomplish the intent of this resolution. Application has been made and tentatively
60 approved with respect to each of the following project (the "Projects') in the
61 amount set forth below.
62
63 Year One Total
64 Grant Title Funding r n
65 Multipurpose Center $59,500.00 $59,500.00
66
67 Stction 2 City of South Miami shall complete each of the Projects in
68 accordance with the terms of the grant agreement, the Ordinance, and the
69 administrative rules authorized by the Citizens' Oversight Committee (the
70 "Committee') to implement the Ordinance. If the total cost of a Project exceeds
71 the value allocated in the grant, then the City of South Miami will provide any
72 supplemental funds required to complete the Project. In the event that
73 supplemental funds are necessary for completion of a Project, as of the point in
74 time that it is known that supplemental funds are needed, the City of South Miami
75 will demonstrate that such supplemental funds have been committed to the Project
76 prior to and as a condition of disbursement or further disbursement of grant funds.
77 The requirement for the City of South Miami to provide any supplemental funds
78 required to complete the Project may, at the sole discretion of the Committee, be
79 modified in whole or in part by a reduction in scope of work consistent with the
80 Ordinance.
81
82 Section 3 The City of South Miami recognizes and directs that any
83 beach, park, or other public facility acquired, developed, rehabilitated or restored
84 with bond funds, including the Projects, shall be open and accessible to the public
i MJ,,
85 without discrimination as to race, color, gender, age, religion, belief, residence,
86 natural origin, marital status or disability.
87
88 Section 4. To the extent allowed by law, the City of South Miami shall
89 commit any and all funds which may be required to operate, maintain and provide
90 programming at each park project upon its completion.
91
92 Section 5. No substitution in capital project funding by the City of
93 South Miami shall occur as a result of the grant for which the City of South Miami
94 has applied and has been awarded.
95
96 Section 6. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 20th day of Janes, 1998
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
CITY OF SOUTH M(AMI
INTER- OFFICE MEMORANDUM
To: Mayor and Commission
From: Diana Morris
Interim City Manager
Date: January 16, 1998
Agenda Item #
Subject: Comm. Mtg. 1/20/98
Consultant Legal Fees
Liebowitz & Associates
This resolution authorizes payment of $2,496.95 to Liebowitz & Associates for consulting legal
fees for matters relating to telecommunication issues. Payment will be made from account #
1500 -3440, "Consulting- Legal.
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
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONSULTANT FEES, AUTHORIZING PAYMENT TO LEIBOWITZ
& ASSOCIATES, P.A. IN THE AMOUNT OF $2,496.95 WITH
DISBURSEMENT PAID FROM ACCOUNT # 1500 -3440,
CONSULTING - LEGAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Attorney retained outside counsel to perform work relating to
Telecommunications; and,
WHEREAS, the City Attorney recommends payment of the attached invoices for
attorney's fees and costs received from Leibowitz & Associates, P.A. in the total amount of
$2,496.95 for services rendered in performing such work.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoices for attorney's fees and costs received from Leibowitz &
Associates, P.A. in the amount of $2,496.95 are approved for payment and payment shall be
charged to Account No. 1500 -3410; Consulting Legal.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 1998.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONSULTANT FEES, AUTHORIZING PAYMENT TO LEIBOWITZ
& ASSOCIATES, P.A. IN THE AMOUNT OF $2,496.95 WITH
DISBURSEMENT PAID FROM ACCOUNT # 1500 -3440,
CONSULTING - LEGAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Attorney retained outside counsel to perform work relating to
Telecommunications; and,
WHEREAS, the City Attorney recommends payment of the attached invoices for
attorney's fees and costs received from Leibowitz & Associates, P.A. in the total amount of
$2,496.95 for services rendered in performing such work.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH' MIAMI, FLORIDA:
Section 1. The invoices for attorney's fees and costs received from Leibowitz &
Associates, P.A. in the amount of $2,496.95 are approved for payment and payment shall be
charged to Account No. 1500 -3410; Consulting Legal.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of '1998.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
LEIBOWITZ & ASSOCIATES, P.A.
MATTHEW L. LEIBOWITZ
JOSEPH A. BELISLE
ILA L. FELD
EDWARD S. HAMMERMAN*
MARJORIE B. GARCIA- PEDROSA
ADMITTED TO PENNSYLVANIA
BAR ONLY
CITY, OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI FL 33143
ATTN: L. DENNIS WHITT
CABLE TELEVISION
SUITE 1450
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
MIAMI, FLORIDA 33131 -1715
TELEPHONE (305) 530 -1322
TELECOPIER (305) 530 -9417
SUITE 200
2000 L STREET, N.W.
WASHINGTON, D.C. 20036
e-
yyyyyy .
9' I.W I
CITY
Page: 1
11/10/97
Account No: 7404 -OOM
Statement No: 67
10/06/97
JMF
TELEPHONE EARL GALLOP
.20
JMF
PREPARE OVERVIEW LETTER
2.50
10/07/97
JMF
REVISE CITY OVERVIEW LETTERS
1.00
10/08/97
JMF
REVIEW LEASE COMMENTS
.40
10/21/97
JMF
TELEPHONE CONFERENCE WITH EARL GALLOP AND ROBBY
ELIAS OF BELLSOUTH
.60
10/23/97
JMF
REVIEW FILE FOR MEETING WITH CITY ATTORNEY
.40
10/24/97
JMF
CONFERENCE WITH CITY ATTORNEY RE :TOWER LEASE
AGREEMENT
2.50
JMF
DRAFT LETTER TO BELLSOUTH ATTORNEY.RE:LEASE
AGREEMENT; DRAFT LETTER TO CITY ATTORNEY
.80
JMF
TELEPHONE CONFERENCES WITH BELLSOUTH ATTORNEY
.60
JMF
CONFERENCE WITH LAW CLERK RE:COMPILATION OF LEASE
INFORMATION
.30
JMF
REVISE LEASE LANGUAGE
2.50
4 A'
Page: 2
CITY OF SOUTH MIAMI 11/10/97
Account No: 7404 -00M
Statement No: 67
CABLE TELEVISION
10/25/97
JMF REVIEW FILES RE: LEASE PROPOSALS; RESEARCH LEASE
PROVISION .50
For Current Services Rendered 12.30 2,460 00
Recapitulation
Attorney Hours Hourly Rate Total
Jane M. Fagan 12.30 $200.00 $2,460.00
Delivery /Express 16.95
Telecopying 20.00
Total Expenses Thru 10/25/97 36.95
Total Current Work 2,496.95
Balance Due - $2,496.95
LEIBOWITZ & ASSOCIATES, P.A.
MATTHEW L. LEIBOWITZ
JOSEPH A. BELISLE
ILA L. FELD
EDWARD S. HAMMERMAN*
MARJORIE B. GARCIA- PEDROSA
*AOMITTEO TO PENNSYLVANIA
BAR ONLY
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI FL 33143
ATTN: L. DENNIS WHITT
CABLE TELEVISION
10/06/97
SUITE 1450
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
MIAMI, FLORIDA 33131-1715
TELEPHONE (305) 530 -1322
TELECOPIER (305) 530 -9417
k 04-,0
SUITE 200
2000 L STREET, N.W.
WASHINGTON, D.C. 20036
NOV 13 1Lul l
CITY MJUJAGER"11i C 'ICE
Page: 1
11/10/97
Account No: 7404 -OOM
Statement No: 67
JMF TELEPHONE EARL GALLOP .20
JMF PREPARE OVERVIEW LETTER 2.50
10/07/97
JMF REVISE CITY OVERVIEW LETTERS 1.00
10/08/97
JMF REVIEW LEASE COMMENTS .40
10/11/97
JMF TELEPHONE CONFERENCE WITH EARL GALLOP AND ROBBY
ELIAS OF BELLSOUTH .60
10/23/97
JMF REVIEW FILE FOR MEETING WITH CITY ATTORNEY .40
10/24/97
JMF CONFERENCE WITH CITY ATTORNEY RE:TOWER LEASE
AGREEMENT 2.50
JMF DRAFT LETTER TO BELLSOUTH ATTORNEY RE LEASE
AGREEMENT; DRAFT LETTER TO CITY ATTORNEY .80
JMF TELEPHONE CONFERENCES WITH BELLSOUTH ATTORNEY .60
JMF CONFERENCE WITH LAW CLERK RECOMPILATION OF LEASE
INFORMATION .30
JMF REVISE LEASE LANGUAGE 2.50
'�.
Page: 2
CITY OF SOUTH MIAMI 11/10/97
Account No: 7404 -OOM
Statement No: 67
CABLE TELEVISION
10/25/97
JMF REVIEW FILES RE:LEASE PROPOSALS; RESEARCH LEASE
PROVISION .50
j For Current Services Rendered 12.30 2,460.00
Recapitulation
Attorney Hours Hourly Rate Total
-- - - - - -- - - - -- ----------- -----
Jane M. Fagan 12.30 $200.00 $2,460.00
Delivery /Express 16.95
Telecopying 20.00
Total Expenses Thru 10/25/97 36.95
Total Current Work 2,496.95
Balance Due $2,496.95
V7
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
Diana Morris, Acting City Manager
From: Earl G. Gallop
Date: January 16, 1998
Re: Resolution regarding payment of
City attorney non - retainer invoices
Requested action: Approval of resolution approving payment of non - retainer
invoices submitted by the city attorney, in the amount of $10,322.26.
Background: Approval of the payment resolution is requested pursuant to prior
resolutions approving an agreement, as amended, with the city attorney for the provision of
non - retainer legal services. The invoices concern the rendition of services on the referenced
legal matters for a four month period from September through December 1997. The invoices
were not submitted for the last three months of the year because of a problem in the billing
program that misapplied a retainer payment to the foreclosure file and, consequently,
understated the amount due. The invoices for September may have been submitted, but they
have not been paid.
Please be advised that, in the near future I will submit several other invoices for
payment regarding the Steiglitz and the foreclosure litigation.
N:\EGa11op \CSMMEM0S \NGF attorney fee- memmpd
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
6 FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
7 FIGUEREDO, P.A. IN THE AMOUNT OF $10,322.26 AND CHARGING
8 ACCOUNT NO. 1500- 3410, CONSULTING- LEGAL; PROVIDING AN
9 EFFECTIVE DATE.
10
11
12 WHEREAS, the City Commission of the City of South Miami approved Resolution
13 No. 99 -94 -9500 authorizing payment of City Attorney non - retainer attorneys' fees and costs;
14 and,
15
16 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal
17 services rendered, and costs advanced, for the periods ending September 30, October 31,
18 November 30 and December 31, 1997, in the amount of $10,322.26; and,
19
20 WHEREAS, the City Attorney recommends payment of the attached invoices.
21
22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. The invoices for attorney's fees and costs received from Nagin Gallop
26 Figueredo, P.A., in the total amount of $10,322.26, are approved for payment and payment
27 shall be charged to Account No. 1500 -3410; Consulting - Legal.
28
29 Section 2. This resolution shall take effect immediately upon approval.
30
31 PASSED AND ADOPTED this 20 th day of January, 1998.
32
33 NAEGa11op \Csmord- res\Attomey fee - NGF - res.wpd
34 ATTEST: APPROVED:
35
36
37 CITY CLERK MAYOR
38
39
40 READ AND APPROVED AS TO FORM:
41
42
43 CITY ATTORNEY
44
46 NAEGallop \Csinord -res \Attorney fee - NGF - res.wpd
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
January 16, 1998
Ms. Diana Morris, Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Dear Ms. Morris:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending September 30, 1997. Please place this statement on the agenda of the
next City Commission meeting for approval. I tabulated the amounts due on each individual
file as follows:
88071 Lien Foreclosures Profl Services $ 0
88072 General Real Estate
88074 Mandelstam v. CSM
Disbursements 0
Total Due $ 0
Prof 1 Services $ 0
Disbursements 22.00
Total Due $ 22.00
Prof l Services $ 0
Disbursements 12.17
Total Due $ 12.17
I'
Ms. Diana Morris
January 16, 1998
Page 2
88075 Stieglitz Litigation
Prof l Services
$
0
Disbursements
0
Total Due
$
0
88077 Mandelstam v. CSM (Writ)
Prot Services
$ 936.25
Disbursements
0
Total Due
$ 936.25
88078 DCA v. CSM
Profl Services
$
0
Disbursements
0
Total Due
$
0
88080 PBA v. CSM
Profl Services
$
0
Disbursements
0
Total Due
$
0
CURRENT TOTAL DUE $ 970.42
Do not hesitate to call me if you have any questions regarding these statements.
Very truly ours,
arl G. Gallop
EGG:sgs
Enclosures
N: \EGaIIop \BILLLTRS \csmbiII - sept. time - Itr.wpd
Nagin Gallop Figueredo P.A.
P. 0. Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Whitt, City Mgr Invoice # 440
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
October 10, 1997
Matter: 88072
City of South Miami
Real Estate
For Disbursements Incurred:
09/30/97 service of summons 22.00
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
For Professional Services 0.00 Hours $0.00
For Disbursements Incurred $22.00
----------------------
Current Balance $22.00
Previous Balance
Payments - Thank you
II
Total Due
To be properly credited, please indicate Bill number on your remittance check.
f
Nagin Gallop Figueredo P.A.
P. O. Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Whitt, City Mgr Invoice #
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
441
October 10, 1997
Matter: 88074
City of South Miami
CSM v. Mandelstam
For Disbursements Incurred:
09/30/97 Photocopying for the month of August 1997
1.40
Facsimiles for the month of August 1997
10.77
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
For Professional Services 0.00 Hours
$0.00
For Disbursements Incurred
$12.17
Current Balance
$12.17
Previous Balance
Payments - Thank you
Total Due
To be properly credited, please indicate Bill number on your remittance check.
Nagin Gallop Figueredo P.A.
P. O. Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Dennis Whitt Invoice # 455
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
October 10, 1997
Matter: 88077
City of South Miami
Mandelstam v. City of South Miami
------------------------------------------------------------------------------------------------------------------------------
09/01/97 EGG Meeting between Earl G. Gallop and Mr. Mackey regarding 2.50 437.50
facts and circumstances of Mandelstam and Park Side
Village PUD approvals; reviewing PUD regulations and site
plans for both developments
09/03/97 EGG Telephone conference between Earl G. Gallop and Mr. 0.40 70.00
Steve Helfrnan, attorney for Park View PUD developer
regarding facts and circumstances of legal actions by
Mandelstam; attention to further handling needs
09/04/97 EGG Preparing letter and transmitting documents to Mr. Helfinan 0.40 70.00
09/05/97 EGG Telephone conference with Mr. Price, counsel for 0.50 87.50
Mandelstam, regarding settlement and with Mr. Mackey
regarding same
EGG Receipt and reviewing Mr. Mackey's summary of PUD 0.30 52.50
issues and supporting documents
09/08/97 EGG Receipt and responding to letter from Mr. Stephen Helfinan, 0.25 43.75
attorney for Parkview developer, regarding attorney
responsibilities in litigation
Matter: 88077
EGG
09/30/97 EGG
October 10, 1997 Page 2
Preparing motions for extension of time to file responses in 0.50
proceedings on petition for writ of certiorari and complaint
for injunction
Telephone conference with Mr. Price and receipt of consent 0.50
to motion for extension of time to respond to pending
complaints; preparing motions
87.50
87.50
Total Professional Services $936.25
Summary:
Name: Hours: Rate: Amount:
Earl G. Gallop 5.35 $175.00 $936.25
For Professional Services 5.35 Hours $936.25
For Disbursements Incurred $0.00
Current Balance $936.25
Previous Balance
------------------
Payments Thank you
Total Due
To be properly credited, please indicate Bill number on your remittance check.
Nagin Gallop Figueredo P.A.
P. O. Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Whitt, City Mgr
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
November 10, 1997
Matter: 88071
City of South Miami
Foreclosures
Invoice # 503
10/07/97 TJU Attend hearing on the City's motion for extension of time 1.25 156.25
for constructive service of process
10/13/97 BA Telephone conference with Ms. Hildebrand's daughter 0.20 30.00
concerning liens
10/17/97 BA M & J Carvajal: Review file concerning status and 0.30 45.00
concerning release; review release concerning payment of
liens; prepare notes regarding same; review status on
master list
BA Morris Investment: review file and need for O & E search; 0.30 45.00
review correspondence from Attorney concerning same
and concerning potential stay; review status on master list
BA Gardner: Review file concerning homestead and ' 0.20 30.00
correspondence not being received, made notes
concerning same; review status on master list
-`
BA
South Miami Bakery: Review file concerning status and
0.30
concerning payment agreement; review previous
correspondence; review status on master list and make
notes concerning file
BA
Weit filer Review file concerning conflict in ownership
0.30
and concerning Joel Israel as former owner; review
concerning need for updated O & E search; review
concerning offer to donate to city and concerning IRS
liens; prepare notes and review on master list
BA
Walker: Review file concerning letter not being received;
0.20
review on master list and make notes
BA
Barksdale: Review file and review pleadings of
0.30
foreclosure; review concerning default and concerning
occupancy of premises for service of potential tenants;
prepare notes and review on master list
BA
J.W. Thomas: Review file concerning new violations and
0.30
concerning notes on file concerning combatting of liens;
review master list and make notes on file
10/18/97 BA
Marshall Williams Apartment: Review file concerning
0.20
status and concerning motions and affidavit for
constructive service; finalize for filing
45.00
11
30.00
45.00
45.00
30.00
BA Davis Gardens: Review file concerning status and motions 0.20 30.00
and affidavit of constructive service; finalize for filing
BA Prepare Memorandum to Ms. Shine concerning default on 0.20 30.00
Barksdale and concerning proceeding with file'
BA Dixon: Review file concerning homestead property and 0.30 45.00
concerning offer to donate property; review concerning
superior liens; review on master list and make notes
concerning file
BA Hattie Lee Smith: Review file concerning status, 0.20 30.00
concerning ownership and concerning death of Ms. Smith;
review on master list and prepare notes for follow -up
BA Johnny Jackson: Review file concerning status and 0.20 30.00
concerning determination whether lien was released;
reviewed master list and prepared notes and follow -up
BA Hildebrand: Review file concerning liens and discrepancy 0.30 45.00
in amounts; review concerning compliance and review
master list; prepare notes on file
BA Dalma, Inc. Review file concerning dispute of liens and 0.30 45.00
concerning correspondence; review concerning master list
and concerning preparing additional correspondence;
make notes on file
BA Roosevelt Davis: Review file and notes for determination 0.20 30.00
of whether liens were released; review master list and
prepare notes
10/20/97 BA Marshall Williams Apartments: finalize affidavits and 0.10 15.00
motion for constructive service
BA Davis Gardens: finalize affidavits and motion for 0.10 15.00
constructive service
BA Jessie Williams: Review file and master list; prepare notes 0.20 30.00
on file
BA Harold Burnett: Review file and review notes concerning 0.30 45.00
willingness to pay; review master list and prepare notes
BA
M.
.,
Im
Sylvester & Ruby Gibson: Review file concerning
payment agreement and concerning compliance; review
master list and prepare notes
Faramarz Kamale: Review file concerning course of
proceeding and concerning payments; review master list
and make notes
0.20 30.00
0.30
Shields N. Bowden: Review file concerning status, 0.30
concerning potential cleanup of property and concerning
vehicles and title; review master list and prepare notes
Poole& Williams: Review file and memoranda 0.20
concerning need for O & E search; review master list and
prepare notes
45.00
45.00
30.00
BA
L Miles /Harlem Inn: Review file concerning status and
0.30 45.00
concerning ownership; review concerning payment
agreement; review master list and make notes
BA
Strzyzowski: Review file concerning status and
0.20 30.00
concerning homestead
BA
Inam Alayyoub: Review file concerning homestead status
0.20 30.00
and concerning correspondence; review master list and
prepare notes
BA
Larry Lonon: Review file concerning status and
0.20 30.00
concerning payment; review concerning release; review
master list and prepare notes
BA
A & M Krummrei: Review file concerning status and
0.30 45.00
concerning contact for payment; review master list;
prepare notes
BA Frank Robinson: Review file concerning status; 0.20
concerning payment agreement and proceeding
BA Larry White: Review file concerning homestead and status 0.20
of correspondence; review master list and prepared notes
BA Review file concerning status and concerning proceeding; 0.30
review master list; prepared correspondence
10/21/97 BA D & Beasley: Review file concerning homestead status; 0.20
prepare notes and review master list
BA J Williams / Martin: Review file concerning homestead 0.20
status; review master list; prepare notes
BA H & A Sofen: Review file concerning status; review 0.30
attorney correspondence and payment; review master list
and make notes
BA R.A. Sevigny: Review file concerning homestead; review 0.20
master list; prepare notes on file
BA Shuey: Review file concerning suit filed; review master 0.20
list; prepare notes
0
11
Bankers Trust: Review file concerning mortgage 0.30
foreclosure and new owners and analysis concerning need
for updated 0 & E search
Reverend Zimmerman: Review file concerning status and 0.20
concerning payment plan; review master list; prepare
notes concerning status of payment
30.00
30.00
5111111
30.00
30.00
45.00
30.00
30.00
45.00
30.00
Bowman: Review concerning status and concerning 0.20 30.00
BA Scheinberg- Sigman: review file concerning payment 0.30 45.00
agreement and concerning status; review master list;
prepare notes
BA Prepare list to check on liens releases to be filed and to 0.30 45.00
check on payment plan
10/23/97 BA Review and analysis of lien foreclosure files 1.00 150.00
10/24/97 BA Prepare comprehensive memorandum to Mr. Gallop 3.00 450.00
analyzing foreclosure actions, providing suggestions for
course of proceeding and updating all files
BA Research regarding information on State Street, prepare 0.30 45.00
alias summons and forward
10/27/97 BA Marshall Williams: Research concerning defendant 0.20 30.00
locations
BA Davis Gardens: Research concerning defendant locations 0.20 30.00
10/29/97 BA Marshall Williams: Extensive review of file and update 0.70 105.00
concerning all parties, service and proceeding
BA Marshall Williams: receive and review publication from 0.10 15.00
Daily Business Review concerning constructive service
BA Marshall Williams: prepare guideline sheet for service; 0.20 30.00
BA Marshall Williams: Prepare Motions for Default and 1.20 180.00
Defaults for AFRC Realty Jefferson National Bank,
Esslinger Wooten Maxwell, and Lawrence Kennedy;
prepare non- military affidavit
BA Davis Gardens: Receive and review publication from . 0.10 15.00
Daily Business Review concerning constructive service
BA Davis Gardens: receive and review request for release of 0.10 15.00
lien from property owner
BA Davis Gardens: research and locate additional addresses 0.50 75.00
for defendants, including Third Group; prepare summons
on Third Group
10/30/97 BA Receive and review research instructions; research 0.75 112.50
concerning recent federal case from Colorado
BA Telephone conference with Attorneys' Title concerning 0.30 45.00
foreclosure report
BA Krummrei: Review file; conferred with Ms. Urda 0.40 60.00
concerning status; prepare motion for default and default
as to Fleet Credit
BA Davis: Comprehensive file review and preparation of 0.70 105.00
service chart
BA Prepare motion for defaults and defaults against Davis 0.80 120.00
Gardens, LTD., BAC International Credit Corp., Anoula
Realty, FUNB as Custodian for D.H. & Associates and
Bank Atlantic
10/31/97 BA Prepare memorandum to Code Enforcement Board 0.50
concerning Homestead liens; revise proposed
correspondence concerning ensurance of compliance
BA Review Shuey File; conference with Ms. Urda; prepare 0.50
correspondence to Humberto Cancio, Jr., P.A. concerning
release; telephone conference with clerk concerning
dissolution of lis pendens
BA Davis Gardens: Review file concerning releases; review 0.60
two requests for release of liens; prepare memorandum to
Eva concerning release of liens; review, execute and file
defaults
BA Courtesy discount
Name:
Eve A. Boutsis
Brian Adler
For Disbursements Incurred:
10/30/97 Process service
Research
Research
Total Professional Services
Summary:
Hours: Rate: Amount
1.25 $125.00 $156.25
22.65 $125.00 $2,831.25
75.00
75.00
90.00
0.00 - 553.00
$2,987.50
22.00
74.25
27.39
Photocopying for month of October 1997 65.75
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
For Professional Services 23.90 Hours $3,000.75
For Disbursements Incurred $ 189.39
Current Balance $3,190.14
To be properly credited, please indicate Bill number on your remittance check.
a
NAGIN GALLOP FIGUEREDOPA
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854 -5351
January 16, 1998
Ms. Diana Morris, Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Dear Ms. Morris:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending October 31, 1997. Please place this statement on the agenda of the
next City Commission meeting for approval. I tabulated the amounts due on each individual
file as follows:
88071 Lien Foreclosures Prof 1 Services $ 3,000.75
Disbursements 189.39
Total Due $ 3,190.14
88072 General Real Estate Profl Services $ 0
Disbursements 0
Total Due $ 0
88074 Mandelstam v. CSM Profl Services $ 0
Disbursements 0
Total Due $ 0
Ms. Diana Morris
January 16, 1998
Page 2
88075 Stieglitz Litigation
Profl Services
$
0
Disbursements
0
Total Due
$
0
88077 Mandelstamv. CSM (Writ)
ProfI Services
$
0
Disbursements
.50
Total Due
$
.50
88078 DCA v. CSM
ProfI Services
$
0
Disbursements
0
Total Due
$
0
88080 PBA v. CSM
Prof1 Services
$
0
Disbursements
0
Total Due
$
0
CURRENT TOTAL DUE $ 3,190.64
Do not hesitate to call me if you have any questions regarding these statements.
Very truly ours,
ar G. Gallop
EGG:sgs
Enclosures
N: \EGallop \BILLLTRS \csmbill -oct time Itr.wpd
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
January 16, 1998
Ms. Diana Morris, Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Dear Ms. Morris:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending November 30,1997.
Please place this statement on the agenda of the
next City Commission meeting for approval.
I tabulated the amounts due
on each individual
file as follows:
88071 Lien Foreclosures
Prof l Services
$ 2,100.00
Disbursements
101.05
Total Due
$ 2,201.05
88072 General Real Estate
Profl Services
$ 0
Disbursements
0
Total Due
$ 0
88074 Mandelstam v. CSM
Profl Services
$ 0
Disbursements
0
Total Due
$ 0
Ms. Diana Morris
January 16, 1998
Page 2
88075 Stieglitz Litigation
Prof 1 Services
$
0'
Disbursements
0
Total Due
$
0
88077 Mandelstam v. CSM (Writ)
Prof1 Services
$
78.75
Disbursements
8.80
Total Due
$
87.55
88078 DCA v. CSM
Profl Services
$
1,150.00
Disbursements
0
Total Due
$
1,150.00
88080 PBA v. CSM
Profl Services
$
0
Disbursements
0
Total Due
$
0
CURRENT TOTAL DUE $ 3,438.60
Do not hesitate to call me if you have any questions regarding
these statements.
Very truly yours,
arl G. Gallop
EGG:sgs
Enclosures
N: \EGaIIop \BILLLTRS \esmbiII -nov time ]tr.wpd
Nagin Gallop Figueredo P.A.
P. 0. Box 330090
Miami, Florida 33233 -0090-
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Whitt, City Mgr Invoice # 565
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
December 4, 1997
Matter: 88071
City of South Miami
Foreclosures
------------------------------------------------------------------------------------------------------------------------------
11/06/97 BA
Krummrei: Receive and Review Default entered by Clerk
0.10
15.00
BA
Davis Gardens: Receive and review service on State Street
0.10
15.00
11/07/97 BA
Davis Gardens: Receipt of defaults against Howea
0.30
45.00
Investments; Anoula Realty; FUNB as custodian for DH &
Associates /DB, BAC International Credit Corp. and
BankAtlantic Federal Savings Bank
BA
Conference with & receive fax from Ms. Duvalle
0.30
45.00
concerning release of lien on Robinson property
11/08/97 BA
Review foreclosure files
1.00
150.00
11/09/97 BA
Davis Gardens: Receive and review notice of service on
0.10
15.00
Third Group
Y
l,. T.
BA
11/11/97 BA
11/12/97 BA
IC
BA
I'
11/13/97 BA
Robinson: Telephone conference with Ms. DuValle
concerning release of liens on Robinson property and
payment; telephone conference with Eva concerning status
of releases of two liens
Telephone conference with Millie DuValle concerning
release of liens
Davis Group: Receive and review request to release Lot 27
lien
Page 2
0.20 30.00
0.20 30.00
0.20 30.00
0.10 15.00
Receive instructions concerning list for Diana at City of 0.40 60.00
South Miami, review files and prepare list
Telephone conference with Carol Bynum regarding meeting 0.10 15.00
Davis Gardens: Prepare Memo to Eva concerning release of 0.20 30.00
lien on particular property
Attention to lien foreclosure files 1.50 225.00
11/14/97 BA Receive and review correspondence from Ms. Cohen 0.80 120.00
regarding Dorothy Hildebrand; attention to lien files and
foreclosure files
Matter: 88071
December 4, 1997
Page 3
BA
Davis Gardens: Follow -up on status of defendants and
1.20 180.00
defaults; follow -up on status of service by publications and
dates; Marshall Williams: Follow -up on status of
—� ._,..�^-^�f— 'ter".. "i"r �'�'s"r'-
s•-"-7 .e .= �.� ,r �
defendants and defaults; follow -up on status of service by
; ..ic
a"a '.e-f,
publications and dates
9.
11/17/97 BA
Receive and review Complaint in Mellon Bank
0.20 30.00
BA
Robinson: telephone conference with Eva at City of South
0.10 15.00
Miami concerning release of lien being filed
BA
Davis Gardens: Review mortgage foreclosure complaint
0.50 75.00
concerning Davis Gardens filed on behalf of Jericho
BA Prepare memorandum to Mr. Gallop concerning Jericho and 0.40 60.00
course of proceeding
BA Attention to other Lien Files 0.50 75.00
11/18/97 BA Review lien foreclosure files in preparation for meeting 1.00 150.00
BA Meeting with Carol Bynum and Eva at City of South Miami 3.00 450.00
regarding documentation in lien foreclosure files
11/21/97 BA Review documentation on Jericho concerning Davis 0.30 45.00
Gardens
I
—� ._,..�^-^�f— 'ter".. "i"r �'�'s"r'-
s•-"-7 .e .= �.� ,r �
� .o-. ......
; ..ic
a"a '.e-f,
9.
� m _�:F�
..,
_. _. �"- �---- -z-�`-
Matter:
88071 December 4, 1997
Page 4
11/24/97
BA Attention to lien foreclosure files
0.80
120.00
11/25/97
BA Receive and review notice of hearing and motion to dismiss
0.20
30.00
and strike filed by Third Group
BA Review file on Davis Gardens concerning Third Group
0.20
30.00
Total Professional Services
$2,100.00
Summary:
Name: Hours: Rate: Amount:
Brian Adler 14.00 $150.00 $2,100.00
For Disbursements Incurred:
11/08/97
Postage for the month of October 1997
3.40
11/28/97
courier
15.25
process of service
22.00
research
59.40
Photocopying for the month of November
1.00
1997
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
Matter: 88071 December 4, 1997 Page 5
For Professional Services 14.00 Hours $2,100.00
For Disbursements Incurred $101.05
Current Balance $2,201.05
Previous Balance
Payments - Thank you
Total Due
To be properly credited, please indicate Bill number on your remittance check.
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Dennis Whitt Invoice # 577
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
December 4, 1997
Matter: 88077
City of South Miami
Mandelstam v. City of South Miami
------------------------------------------------------------------------------------------------------------------------------
11/03/97 EGG Telephone conference with Mr. Helfinan regarding review 0.25 43.75
of settlement document
11/10/97 EGG Receipt and review extension of time to respond to petition
for writ of certiorari; calendaring same
Total Professional Services
0.20 35.00
Summary:
Name: Hours: Rate: Amount:
Earl G. Gallop 0.45 $175.00 $78.75
For Disbursements Incurred:
11/28/97 Photocopying for the month of November
1997
Postage for the month of November 1997
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
$78.75
5.50
3.30
Matter: 88077 December 4, 1997 Page 2
For Professional Services 0.45 Hours $78.75
For Disbursements Incurred $$.80
Current Balance $87.55
Previous Balance
----------------- -
Payments -Thank you
Total Due
To be properly credited, please indicate Bill number on your remittance check.
Nagin Gallop Figueredo P.A.
P. 0. Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Dennis Whitt
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Invoice # 578
December 4, 1997
Matter: 88078
City of South Miami
DCA v. City of South Miami
------------------------------------------------------------------------------------------------------------------------------
11/06/97 EGG Receipt and review notice of assignment and order of 1.00 175.00
Administrative Law Judge Sarten; calendaring filing date;
open file
11/11/97 EGG Analyzing DCA notice of intent to find EAR amendments 1.50 262.50
not in compliance, DCA statement of intent and DCA
petition for administrative hearing; analyzing Fla. Stats.
regarding proceedings and burden of proof
11/12/97 EGG Preparing for and meeting with Mr. Mackey regarding bases 1.50 262.50
for DCA's objections, comments and recommendations,
notice of intent to find comprehensive plan amendment not
in compliance and petition for administrative determination
11/21/97 BA Receive and review instructions from Mr. Gallop 2.30 345.00
concerning effectiveness of local government land use plan;
which is challenged by DCA legal research concerning land
use plans, Florida Statutes Chapter 163.3189 and Florida
Administrative Code
11/26/97 EGG Telephone conference among Earl G. Gallop and Messers 0.60 105.00
Mackey and Dave Dalstrom, SFRPC, regarding responding
to DCA challenge; telephone call to Ms. Karen Brodeen,
DCA attorney
Natter: 88078 December 4, 1997 Page 2
Total Professional Services $1,150.00
Summary:
Name: Hours: Rate: Amount:
Earl G. Gallop 4.60 $175.00 $805.00
Brian Adler 2.30 $150.00 $345.00
For Professional Services 6.90 Hours $1,150.00
For Disbursements Incurred $0.00
Current Balance $1,150.00
Previous Balance
------ - - - - --
Payments Thank you
Total Due
To be properly credited, please indicate Bill number on your remittance check.
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telepbone: (305) 854 -5353 Miami, Florida 33133 - 4741 Facsimile: (305) 854 -5351
January 9, 1998
Ms. Diana Morris, Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Dear Ms. Morris:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending December 31, 1997. Please place this statement on the agenda of the
next City Commission meeting for approval. I tabulated the amounts due on each individual
file as follows:
88071 Lien Foreclosures ProfI Services $ 1,155.00.
Disbursements ` 3.10
Total Due $ 1,158.10
88072 General Real Estate Prof1 Services $ 0
Disbursements 0
Total Due $ 0
88074 Mandelstam v. CSM Profl Services $ 0
Disbursements 0
Total Due $ 0
Ms. Diana Morris
January 9, 1998
Page 2
88075 Stieglitz Litigation
Profl Services
$
0
Disbursements
0
Total Due
$
0
88077 Mandelstam v. CSM (Writ)
Prof l Services
$
52.50
Disbursements
0
Total Due
$
52.50
88078 DCA v. CSM
Prof1 Services
$
0
Disbursements
0
Total Due
$
0
88080 PBA v. CSM
Prof1 Services
$
1,500.00
Disbursements
12.00
Total Due
$
1,512.00
CURRENT TOTAL DUE $ 2,722.60
Do not hesitate to call me if you have
any questions regarding these
statements.
Very truly rs,
arl G.
EGG :sgs
Enclosures
N: \EGallop \B I LLLTRS \csmdetail- bil- ltr.wpd
sa
12/07/97 BA Davis Gardens: Review file materials; prepare 0.50 75.00
memorandum to Mr. Gallop concerning Jericho Asset
Management and concerning claims in foreclosure suit
12/08/97 BA Follow -up on Davis Gardens; research concerning Jericho 0.60 90.00
Asset Mangement Corp. standing, state of incorporation and
officers for potential fraud counterclaim
12/09/97 BA Davis Gardens: Telephone conferences with Mr. 2.40 360.00
Spiegelman, counsel for Homeowners' association,
concerning various defenses and collusion between Varveris
and Jericho; prepared facsimile to Mr. Spiegelman
concerning corporate officers of Jericho; Prepared Motion to
Dismiss Jericho complaint; conferred with Mr. Gallop
12/16/97 BA Receive and review notice of hearing for Third Group 0.20 30.00
concerning Motion to Dismiss and strike; review motion
Nagin Gallop Figueredo P.A.
P. O. Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Whitt, City Mgr
Invoice # 630
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
January 9, 1998
Matter: 88071
City of South Miami
Foreclosures
-------------------------------------------------------------------------------------------------------------------------------
12/02/97 BA
Davis Gardens: Conferred with Mr. Gallop concerning 0.50 75.00
complaint filed by Jericho and follow -up concerning same;
telephone conference with Mr. Zack, opposing counsel,
concerning Jericho complaint; prepared correspondence to
Mr. Zack
12/04/97 BA
Review Davis Gardens pleadings; conversation with Mr. 0.50 75.00
Spiegelman concerning Jericho, Varveris, Third Group and
collusion
12/07/97 BA Davis Gardens: Review file materials; prepare 0.50 75.00
memorandum to Mr. Gallop concerning Jericho Asset
Management and concerning claims in foreclosure suit
12/08/97 BA Follow -up on Davis Gardens; research concerning Jericho 0.60 90.00
Asset Mangement Corp. standing, state of incorporation and
officers for potential fraud counterclaim
12/09/97 BA Davis Gardens: Telephone conferences with Mr. 2.40 360.00
Spiegelman, counsel for Homeowners' association,
concerning various defenses and collusion between Varveris
and Jericho; prepared facsimile to Mr. Spiegelman
concerning corporate officers of Jericho; Prepared Motion to
Dismiss Jericho complaint; conferred with Mr. Gallop
12/16/97 BA Receive and review notice of hearing for Third Group 0.20 30.00
concerning Motion to Dismiss and strike; review motion
Nagin Gallop Figueredo P.A.
P. O; Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854- 5351
L. Dennis Whitt Invoice # 516
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
November 10, 1997
Matter: 88077
City of South Miami
Mandelstam v. City of South Miami
For Disbursements Incurred:
10/30/97 Photocopying for the month of October 1997 0.50
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
For Professional Services 0.00 Hours $0.00
For Disbursements Incurred $0.50
Current Balance $0.50
Previous Balance
Payments -Thank you
Total Due
To be properly credited, please indicate Bill number on your remittance check.
r
Matter: 88071 January 9, 1998
12/18/97 BA Conferences with Ms. Rosa concerning Davis Gardens and
concerning liens; receive and review proposed lien to be
filed; meeting with Mr. Gallop concerning liens on Davis
Gardens; Review file concerning liens and concerning
recorded book and page numbers; Subsequent conference
with Ms. Rosa
12/22/97 BA Telephone conference with Mr. Spiegelman; review file and
prepare for and attend meeting with Mr. Spiegelman
Page 2
0.50
75.00
2.50 375.00
Total Professional Services $1,155.00
i
Summary:
Name: Hours: Rater Amount:
Brian Adler 7.70 $150.00 $1,155.00
For Disbursements Incurred:
i
12/30/97 Facsimiles for the month of December 1997 2.00
Postage for the month December 1997 1.10
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
For Professional Services 7.70 Hours $1,155.00
For Disbursements Incurred $3.10
Current Balance $1,158.10
Previous Balance S 15 , 080.04
Payments —Thank you $0.00
Total Due $16,238.14
To be properly credited, please indicate Bill number on your remittance check.
Nagin Gallop Figueredo P.A.
P. O. Box 330090
Miami,' Florida 33233 -0090
TEL: (305)854 -5353
FAX: (305) 854 -5351
L. Dennis Whitt Invoice #
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
642
January 9, 1998
Matter: 88077
City of South Miami
Mandelstam v. City of South Miami
12/09/97 EGG Telephone conference with Mr. Mandelstam regarding 0.30 52.50
status of settlement negotiations, further handling and
receipt of consent to extensions of time to respond to
injunction and certiorari actions
Name:
Earl G. Gallop
For Professional Services
For Disbursements Incurred
Current Balance
Previous Balance
Payments - Thank you
Total Professional Services $52.50
Summary:
Hours: Rate: Amount:
0.30 $175.00 $52.50
0.30 Hours $52.50
$0.00
$52.50
$1,024.30
$0.00
Total Due $1,076.80
To be properly credited, please indicate Bill number on your remittance check.
Nagin Gallop Figueredo P.A.
P. 0. Box 330090
Miami, Florida 33233- 0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Dennis Whitt Invoice #
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
January 9, 1998
Matter: 88080
City of South Miami
PBA v. City of South Miami
644
12/10/97 EGG Receipt and review complaint for writ of mandamus and 2.50 437.50
notice of emergency hearing; reviewing exhibits;
interviewing city manager; assembling documents; opening
file; preparing instructions for motion for judgment on the
pleadings
12/11/97 BA Conferred with Mr. Gallop concerning background of case
and concerning public documents statute and received
instructions for preparation of judgment on the pleadings,
research concerning requirements under public documents
act; prepared motion for judgment on the pleadings;
prepared affidavit of Mr. Toledo for filing as attachment to
motion; subsequent conference with Mr. Gallop; forwarded
affidavit to Mr. Toledo
12/12/97 EGG Preparing for emergency hearing on complaint for writ of
mandamus; analyzing ch. 119, Fla. Stat., public records law;
interviewing Mr. Toledo; telephone conferences with Mr.
Whitt and Chief Watson; settlement conference with
opposing counsel; preparing letter to same; preparing
memorandum to city commission; scheduling meeting with
counsel, Whitt and Watson
BA Conferred with Mr. Gallop concerning public information
request and cancellation of hearing and compliance;
received e-mail concerning motion and affidavit
12/31/97 EGG Courtesy discount
3.80 570.00
4.00 700.00
0.30 45.00
0.00 - 252.50
Matter: 88080 January 9, 1998 Page 2
------------------
Total Professional Services $1,500.00
Summary:
Name: Hours: Rate: Amount:
Earl G. Gallop 6.50 $136.15 $885.00
Brian Adler 4.10 $150.00 $615.00
For Disbursements Incurred:
12/30/97 Photocopying for the month of December 1.00
1997
Facsimiles for the month of December 1997 11.00
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
For Professional Services 10.60 Hours $1,500.00
For Disbursements Incurred $12.00
Current Balance $1,512.00
Previous Balance $0.00
Payments - Thank you $0.00
Total Due $1,512.00
To be properly credited, please indicate Bill number on your remittance check.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
Diana Morris, Acting City Manager
From: Earl G. Gallop
Date: January 16, 1998
ial� F
Re: Resolution regarding payment of
City attorney non - retainer invoices
Requested "action: Approval of resolution approving payment of non - retainer
invoices submitted by the city attorney, in the amount of $7,443.21.
Background: Approval of the payment resolution is requested pursuant to prior
resolutions approving an agreement, as amended, with the city attorney for the provision of
non - retainer legal services. The invoices concern the rendition of services on the foreclosure
actions for the month of July 1997 and the Steiglitz litigation for the month of January 1997.
There are no more old bills pending.
N:\EGa11op \CSMMEM0S \Attorney fee - EGA - mem.wpd
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
FEES; APPROVING ATTORNEY'S FEES, FOR EARL G. GALLOP &
ASSOCIATES, P.A. IN THE AMOUNT OF $7,443.21 AND CHARGING
ACCOUNT NO. 1500- 3410, CONSULTING- LEGAL; PROVIDING AN
EFFECTIVE DATE.
12 WHEREAS, the City Commission of the City of South Miami approved Resolution
13 No. 99 -94 -9500 authorizing payment of City Attorney non - retainer attorneys' fees and costs;
14 and,
WHEREAS, Earl G. Gallop & Associates, P.A., submitted invoices to the City for
legal services rendered, and costs advanced, on certain matters for the months of January and
July 1997, in the amount of $7,443.21; and,
WHEREAS, the City Attorney recommends payment of the attached invoices.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoices for attorney's fees and costs received from Earl G. Gallop
& Associates, P.A., in the total amount of $7,443.21, are approved for payment and payment
shall be charged to Account No. 1500 -3410; Consulting -Legal
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 20 th day of January, 1998.
ATTEST:
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
N:\EGa11op \Csmord -res \Attorney fee - EGA - res.wpd
q r _.
�w
ti
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue- Third Floor
Telephone. (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
January 16, 1998
Ms. Diana Morris, Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Dear Ms. Morris:
Enclosed are our statements for professional services rendered and for costs advanced
for the Stieglitz litigation for the month of January, 1997 and the foreclosure matter for the
month of July, 1997. Please place this statement on the agenda of the next City Commission
meeting for approval. I tabulated the amounts due on each individual file as follows:
88071 Lien Foreclosures Prof1 Services $ 2,208.75
Disbursements 285.18
Total Due $ 2,493.93
88072 General Real Estate Prof1 Services $ 0
Disbursements 0
Total Due $ 0
88074 Mandelstam v. CSM Prof l Services $ 0
Disbursements 0
Total Due $ 0
9
Ms. Diana Morris
January 16, 1998
Page 2
88075 Stieglitz Litigation
Profl Services
$
4,796.75
Disbursements
152.53
Total Due
$
4.949.28
88077 Mandelstam v. CSM (Writ)
Prof 1 Services
$
0
Disbursements
0
Total Due
$
0
88078 DCA v. CSM
Prof1 Services
$
0
Disbursements
0
Total Due
$
0
88080 PBA v. CSM
Prof l Services
$
0
Disbursements
0
Total Due
$
0
CURRENT TOTAL DUE $ 7,443.21
Do not hesitate to call me if you have
any questions regarding these statements.
Very truly yours,
Earl G. Gallop
EGG:sgs
Enclosures
N: \EGallop \BILLLTRS \csmbill- foreclosure July- &Jan ltr.wpd
S
L. Whitt, City Mgr
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Nagin Gallop Figueredo P.A.
P. O. Box 330090
Miami, Florida 33233 -0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
Invoice #
329
September 9, 1997
Matter: 88071
City of South Miami
Foreclosures
-------------=--------------------------------------------------------------------------------------------------------------
07/10/97 EAB Telephone conferences with Stuzin & Camner regarding 0.50 62.50
substitution of defendant in Marshall Williams matter
07/11/97 EAB Review service of process information on Davis Gardens
New York defendants and Marshall Williams defendants;
prepare motions for enlargement of time for service on both
matters
07/14/97 EAB Meeting with Mr. Gallop regarding further handling needs as
to lien foreclosure matters
EAB Attention to further research regarding obtaining service on
foreign defendants in Davis Gardens and Marshall Williams
lien foreclosure matters
07/15/97 EGG Reviewing and approving motions for enlargement of time to
serve defendants in claims against developer of Davis
Gardens and parties in Williamson Apartments
EAB Meeting with Mr. Gallop regarding motions for enlargement
of time in Davis Gardens and Marshall Williams lien
foreclosure matters; telephone conferences with Ms. Bynum
regarding filing of release of liens for developed lots in Davis
Gardens
1.25
156.25
0.25
31.25
1.25
156.25
0.30
52.50
0.50
62.50
Matter: 88071
9
07/22/97 EAB
September 9, 1997
Page 2
Telephone conference with Michael Manning, vice president, 0.25 31.25
First Union Bank, regarding Davis Gardens lien foreclosure
matter
07/23/97 EAB
Telephone conference with Dade County Attorney's Office
0.25 31.25
regarding dismissal of Dade County in lien foreclosure
actions
EAB
Telephone conferences with Mr. Leroy Taylor, regarding
0.50 62.50
payment of liens on Marie Miller's property, located at
6411 -6415 SW 59 Place and regarding conflicting ownership
information for same
EAB
Prepare for hearing on July 24 on the City's motion for
0.75 93.75
enlargement of time for service of process in Davis Gardens
lien foreclosure matter
07/25/97 EAB
Telephone confernece with Mr. Cowan, attorney for Marie
0.25 31.25
Miller's guardian, regarding payment of liens on 6411 -6415
SW 59 Place
EAB
Telephone conference with Eva Rosa regarding updates to
1.25 156.25
Code Enforcement lien materials; review and organize
materials for updating lien information
EAB
Telephone conference with Mary Cone, daughter of Dorothy
0.50 62.50
Hildebrand, regarding payment of outstanding code
enforcement lien and regarding appeal of same; telephone
conference with Ms. Bynum regarding same and regarding
meeting with Ms. Cone and Ms. Hildebrand
07/28/97 EAB
Meeting with Code Enforcement staff; review, revise and
4.50 562.50
update City's code enforcement lien file information
EAB
Prepare for hearing on City's motion for enlargement of time
0.50 62.50
for service of process in Marshall Williams lien foreclosure
matter
September 9, 1997
Page 3
Attend hearing on City's motion for enlargement of time for 1.25
service of process in Marshall Williams lien foreclosure
matter
156.25
EAB Telephone conferences with Code Enforcement staff 1.25 156.25
regarding code enforcement lien list; review and revise same
in preparation for submitting to City Commission during July
29 meeting
07/30/97 EAB Telephone conference with guardian's attorney in Marie 0.25 31.25
Miller lien matter, 6411 -6415 SW 59 Place, regarding final
payment of all outstanding liens
EAB Travel to meeting with South Miami property owner, 2.00 250.00
Dorothy Hildebrand and Mary Cone regarding settlement of
liens; review and revise code enforcement lien list,
Total Professional Services $2,208.75
Summary:
Name: Hours: Rate: Amount:
Earl G. Gallop 0.30 $175.00 $52.50
Eve A. Boutsis 17.25 $125.00 $2,156.25
For Disbursements Incurred:
06/30/97 Research Lexis - Nexis REF: 9706029100 57.50
Photocopy 18.40
Faxes 20.00
Postage 4.12
07/09/97 Third Group Mortgage, Inc.. Et Al. 22.00
Summons -Howes Investments, N.V.
REF:34742
07/31/97 Photocopy 20.00
Matter: 88071 September 9, 1997 Page
4
Faxes
50.00
Telelphone
1.41
Postage
11.04
Courthouse Courier
5.00
Courthouse Courier
5.00
Research Lexis - Nexis REF:9707084746
70.71
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
For Professional Services 17.55 Hours
$2,208.75
For Disbursements Incurred
$285.18
Current Balance
$2,493.93
Previous Balance
Payments - Thank you
Total Due
$2,493.93
To be properly credited, please indicate Bill number on your remittance check.
Nagin Gallop Figueredo P.A.
P. 0. Box 330090
Miami, Florida 33233 -.0090
TEL: (305) 854 -5353
FAX: (305) 854 -5351
L. Whitt, City Mgr Invoice #
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
149
February 28, 1997
Matter: 88075
City of South Miami
Stieglitz Litigation
01/08/97 EGG Telephone conference with Mr. Martin Berg regarding his 0.25 43.75
meeting with Mr. Borgnogni
EGG Telephone conference with Mr. Blackie Steiglitz regarding 0.30 52.50
settlement possiblity
01/09/97 LRF Preparing list of documents reviewed by Mr. Michael Cohn 2.00 100.00
01/10/97 LRF Meeting between Robert Milne, Kenneth Klein and Patricia 7.00 350.00
E. DePretoro regarding producing documents; arranging for
documents to be copied for Mr. Milne; and telephone
conferences between Mr. Milne's office and copy service;
preparing list of documents reviewed and copied by Mr.
Milne
TJU Telephone conferences to Mr. Borgognoni's office regarding 0.20 25.00
file documents he recently located
TJU Research regarding viability of filing a motion to dismiss for 2.75 343.75
failure to prosecute; review decisional authority regarding
same; prepare legal memorandum regarding this issue.
Matter: 88075
February 28, 1997
Page 2
TJU
Review file regarding trial dates and continuances
0.50 62.50
01/13/97 EGG
Receipt and reviewing letter from attorney for Klein
0.40 70.00
requesting inspection of confidential documents;
instructions to paralegal to prepare confidential document
log; instructions regarding taking deliver of files from
Borgnogni and cataloguing same
EGG
Meeting between Earl G. Gallop and Ms. DePretoro to
0.30 52.50
preliminarily review files received from Borgnogni
i
LRF
Office conference between Earl G. Gallop and Patricia E.
7.00 350.00
DePretoro regarding documents reviewed and copied by Mr.
Milne; preparing privilege log; and preparing list of
documents received from Gregory Borgognoni
TJU
Finalize research memorandum regarding viability of filing
3.75 468.75
a motion to dismiss for failure to prosecute; meeting with
Mr. Gallop regarding same
TJU Review file documents delivered by Mr. Borgognoni
meeting with paralegal regarding organization of sane.
01/14/97 LRF Preparing response letter to Mr. Milne's January 10, 1997
letter regarding document production; preparing index of
documents reviewed and copied by Mr. Milne; preparing
index of documents received from Mn Borgognoni
EGG Receipt and reviewing letter from Milne, attorney for Kline,
regarding request to inspect privilege log and other
documents
01/15/97 LRF Preparing index of documents reviewed and copied by Mr
Milne; and telephone conference between Pat DeLisa and
Patricia E. DePretoro regarding liens on the Stieglitz
property
1.50 187.50
6.50 325.00
0.30 52.50
7.00 350.00
Matter: 88075
February 28, 1997
Page 3
EGG
Preparing for and meeting among Messrs Glen Smith and
2.00 350.00
associate, Ruden Schuster, regarding assumption of defense,
litigation strategy and settlement possibilities
TJU
Attend meeting with attorneys from Ruden, Schuster, et al.
0.75 93.75
and Mr. Gallop regarding future handling needs as to this
matter
TJU
Review decisional authority regarding subject matter
1.50 187.50
jurisdiction
01/16/97 TJU Review decisional authority regarding subject matter 1.00 125.00
jurisdiction
01/17/97 EGG Telephone conference among Earl G. Gallop, Messers Smith 0.75 131.25
and Steiglitz regarding settlement
01/20/97 EGG Analyzing decisional authorities regarding dismissal of 0.30 52.50
action for lack of prosecution when notice of trial has issued
TJU Prepare letter to Mr. Cohen at Ruden, Schuster, et al.,
regarding correspondence from Mr. Borgognoni's office.
TJU Conduct additional research regarding motion to dismiss for
failure to prosecute; prepare memorandum regarding same
01/21/97 TJU Meeting with Mr. Gallop regarding further handling needs
0.25 31.25
2.25 281.25
0.50 62.50
Matter: 88075 February 28, 1997
TJU Finalize memorandum regarding motion to dismiss for
failure to prosecute
TJU Prepare memorandum to City Clerk regarding handling of
city commission minute tapes and files from 1991 -1994.
01/22/97 EGG Instructions to Ms. Shine, legal assistant, regarding search of
city minutes
01/23/97 EGG Telephone conference between Earl G. Gallop and Mr.
Smith regarding settlement possibility
01/29/97 BA
01/30/97 TJU
Reviewing city commission minutes for the period 9/91 to
2/94 for references to the litigation matter
Conferences with Ms. Shine regarding her review of city
commission minutes from 1991 -1994.
Attention to further handling needs
Page 4
2.00 250.00
0.10 12.50
0.30 52.50
0.25 43.75
6.30 220.50
0.30 37.50
0.25 31.25
-----------------
$4,796.75
Total Professional Services
Summary:
Name:
Hours:
Rate:-
Amount:
Earl G. Gallop
5.15
$175.00
$901.25
Teresa J. Urda
17.60
$125.00
$2,200.00
Luis R. Figueredo
29.50
$50.00
$1,475.00
Brian Adler
6.30
$35.00
$220.50
Page 4
2.00 250.00
0.10 12.50
0.30 52.50
0.25 43.75
6.30 220.50
0.30 37.50
0.25 31.25
-----------------
$4,796.75
Matter: 88075 February 28, 1997 Page 5
01/09/97 Postage -Dec. 13.34
01/16/97 Courier Services- Esquire Express REF :28748 4.50
01/27/97 Telephone -long distance 0.90
01/31/97 Postage- January 4.26
Photocopies -January 51.75
Research Lexis -Nexis REF :9701029289 77.78
Prior costs and disbursements not completely processed in our records will appear in subsequent
invoices.
ror rroressionai services 58.55 Hours $4,796.75
For Disbursements Incurred $152.53
Current Balance $4,949.28
Previous Balance
Payments - Thank you
Total Due
To be properly credited, please indicate Bill number on your remittance check.
i ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
.3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
4 REDEVELOPMENT; CREATING THE SOUTH MIAMI
s REDEVELOPMENT TRUST FUND; ALLOCATING FUNDS
6 APPROPRIATED TO THE TRUST FUND TO FINANCE THE SOUTf
7 MIAMI REDEVELOPMENT PLAN; PROVIDING FOR APPROPRIATION
B OF TAX INCREMENT REVENUES, ISSUANCE OF REVENUE BONDS
9 AND OTHER, DEBT INSTRUMENTS, EXPENDITURES OF FUNDS IN
i o THE TRUST; DELEGATING AUTHORITY TO THE SOUTH MIAMI
it REDEVELOPMENT AGENCY TO ADMINISTER THE TRUST FUNDS;
12 REQUIRING ANNUAL INDEPENDENT 'FINANCIAL AUDIT OF THE
13 FUND; PROVIDING FOR SEVERABILITY, ORDINANCES IN
14 CONFLICT, AND AN EFFECTIVE DATE.
15 WHEREAS, pursuant to the powers granted by chapter 163, part III, Florida Statutes,
16 as amended, and Resolution No. R 1374 -96, adopted by the County Commission of Miami-
17 Dade County on December 3, 1996, the City Commission of the City of South Miami
is established the South Miami Redevelopment Area, created the City of South Miami
19 Community Redcvelopmentt Agency and approved the South Miami Community
20 Redevelopment Plan; and,
21 WHEREAS, the Mayor and City Commission desire to create the South Miami
22 Redevelopment Trust Fund, pursuant to section 163.387, Florida Statutes; and,
23 WHEREAS, pursuant to section 163.346, notice of this proposed action has been
24 given, by registered mail, to each taxing authority which levies ad valorem taxes on taxable
25 real property within the boundaries of the redevelopment area; and,
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29 Section 1. The South Miami Redevelopment Trust Fund is created pursuant to
30 section 163.387, Florida Statutes.
31 Section 2. The funds allocated to, and deposited into, the South Miami
32 Redevelopment Trust Fund are appropriated to the South Miami Community Redevelopment
33 Agency (CRA) for the purposes authorized by section 163.387(6), Florida Statutes. The
1 CRA shall utilize the funds and the income earned by the fund for financing or refinancing
2 the implementation of the South Miami Redevelopment Plan, as more particularly described
3 in section 6 of this ordinance:
4 Section 3. The annual funding of the South Miami Redevelopment Trust Fund
s shall be in an amount not less than the increment in the income, proceeds, revenues, and
6 fiords of each taxing authority derived from, or held in connection with, the undertaking and
canying out of community redevelopment under section . 163.387 Florida Statutes. The base
8 year for the increment shall be 1998. The increment shall be determined and appropriated
9 annually, and shall be that amount equal to 95 percent of the difference between:
10 1. The amount' of ad valorem taxes levied each year by each taxing authority
11 exclusive of any amount from debt service millage, on taxable real property
12 contained within the geographic boundaries of the CRA, as prescribed in the
j3 community redevelopment plan; and,
14 2. The amount of ad valorem taxes which would have been produced by the rate
is upon which the tax is levied each year by or for each taxing authority,
16 exclusive of any debt sei vice millage, upon the total of the assessed value of
17 the taxable, real property in the CRA, as shown upon the most recent
18 assess.inent roll used in connection with the taxation of property by each
i 9 taxng authority, last equalized prior to the effective date of this ordinance.
20 Sec_. tion 4. ` The obligation to fund the South Miami Redevelopment Trust Fund
21 shall continue until all loans, advances, and indebtedness, if any, and interest, of the CRA
22 incurred as the result of implementing and administering the community redevelopment plan
23 have been paid, but only to the extent that the tax increment described in section 3 of this
24 ordinance accrues. The City shall make its appropriation to the trust fund at the beginning
25 of its fiscal. year. The trust fund shall receive the increment defined in section 3, only as, if,
26 and when taxes are collected. The City shall fund the trust fund for the duration of the
a7 community redevelopment plan.
28 1. Each taxing authority shall, by January I" of each year, appropriate to the
9 South Miami. Redevelopment 'Trust Fund for so Tong as any indebtedness
30 pledging increment revenues to the payment thereof is outstanding, but not
31 exceed 30 years, a sum: which is no less than the increment, as defined in
32 section 3, accruing o the ppropriation shall begin
j3 g taxing authority. The a
with tax revenue received subsequent to October 1, 1998.
3 4 2. The revenue bonds and notes of every of the CRA shall be payable solely
35 out of revenues pledged to, and received by, the CRA, and deposited to the
2
South Miami Redevelopment Trust Fund. The lien created by the bonds or
.2 notes shall not attach until the revenues are deposited to the trust fund at the
3 time and to the extent that revenues accrue. The holders of bonds or notes
4 shall have no right to require the imposition of any tax or the establishment of
5 any rate of taxation in order to obtain the amounts necessary to pay and retire
6 the bonds or notes. The trust fund shall receive the tax increment described
7 in section 3 of this ordinance only as, if, and when the taxes are collected.
e Section 5. Revenue bonds issued by the CRA shall not be deemed to constitute a
9 debt, liability, or obligation of the City of South Miami, the State of Florida, or any political
10 subdivision., or a pledge of the faith and credit of the City of South Miami, the State of
11 Florida, or any political subdivision, but shall be payable solely from the revenues provided
12 to the trust fund. All revenue bonds shall contain on their face a statement to the effect that
13 the CRA shall not be obligated to pay the bonds, or the interest, except from the revenues
14 of the CRA which are held for that purpose, and that neither the faith and credit not the
is taxing power of the City of South Miami, the State of Florida, or any political subdivision
6 is pledged to the payment of the principal of, or the interest on, the bonds.
17 SeWon 6. Moneys in the South' Miami Redevelopment Trust Fund maybe
18 expended from time to time for the following purposes, when directly related to financing
19 or refinancing redevelopment in the South Miami Community Redevelopment Area,
20 pursuant to the community redevelopment plan;
21 1. Administrative and overhead expenses necessary or incidental to the
22 implementation of the community redevelopment plan.
23 2. Expenses of redevelopment planning, surreys, and financial analysis,
24 including the reimbursement of the City of South Miami or the CRA for any
25 expenses incurred before the community redevelopment plan was approved
26 and adopted.
27 3. The acquisition of real property in the South Miami Redevelopment Area.
28 4. The clearance and preparation of any redevelopment area for redevelopment
39 and relocation of site occupants as provided in section 163.374, Florida
30 Statutes.
31 5. The repayment of principal and interest, or any redemption premium for loans,
32 advances, bonds, bond anticipation notes, and any other form of indebtedness.
3
4
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
;17
18
19
20
21
22
23
b. All expenses incidental to, or connected with, the issuance, sale, redemption,
retirement, or purchase of CRA bonds, bond anticipation notes, or other form
of indebtedness, including funding of any reserve, redemption, or other fund
or account provided for in the ordinance or resolution authorizing the
obligations.
Section 7. There shall be an independent financial audit of the South Miami
Redevelopment Trust Fund each fiscal year and a report of the audit. The audit report shall
describe the amount and source of deposits into, and the amount and purpose ofwithdrawais
from, the trust fund during the fiscal year, and the amount of principal and interest paid
during the year on any indebtedness which is secured by the pledge of increment revenues,
and the remaining amount of indebtedness. The CRA shall provide a copy of each audit
report to each taxing authority.
&&jQu 8. The CRA is directed to develop and promuigatc by -laws for prompt and
effective administration of the South Miami. Redevelopment Trust Fund, including the
establishment and the maintenance of books and records and the adoption of procedures for
the expeditious utilization of funds for their allocated purposes.
Section 9 If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by court of competentjurisdiction, the holding shall
not affect the validity of the remaining portions of this ordinance.
SCctionlO- All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.`
Section 11. This ordinance shall take effect immediately at the time of its passage.
PA.SSED,AND ADOPTED this ` day of , 1998.
44 ATTEST: APPROVED:
35
26 CITY CLERK MAYOR
27 READ AND APPROVED AS TO FORM:
�a
29 CITY ATTORNEY x:ou�rcFmcrrv.,m.o�tt
4
4;^ Ttli17 "Tiit7RSDAY,
nom pr ana,
1S 1x111 O i�P1S
BY OMAR PEREZ
pop upbnngr• trg "
Herald Writer
Boudet remembers an episode
However, bad .reviews: pop
when he was a student at %a -=
I
music received last year,. - Mike.,:
Salle High -When he and: - several
Boudet wants to remind.people
other 'students-performed § at.a r
that pop is not dead..
talent show„ School - officials
"Whatever the rules o£ mak-
didn't.like that the band, at She
=
s
ing a pop song are, you have to
last ininute,% decided to play
bend them a little-bit,"' says
songs by Nirvana
Boudet, `singer /guitarist and
"Imagine the cafeteria with -
#
=1
songwriter of the Miami -based
1,000 kids who stand? -up and
P op band Lounge Act. •`I don't
start screaming, and the priests
3.
want to listen to the radio and
are freaking out," he said "We
try to imitate it. I want to try to
played three songs. They, didn'•t
? , >'
change what pop music is:"
let us finish. They . closed the
Since the release of his 1996
curtains in front of us and shut
debut album, Enjoy The Cancer,
down the PA."
Boudet has managed to experi-
But this performance did,not
ment with his music by combnn-
close the curtains on Boudet.
in more commercial) accessi-
8 Y
Although Lo
gh tinge Act has per-
ble sounds with more diverse
influences. He has a second
formed only a handful of times
in South Florida, Boudetsaid he
album, Introvert, due out later
is concentrating"more _ on per -
this month.
forming live -- something he
"Ever since I was 14 I've been
and Lounge Act member's Oscar
really into recording," said Bou-
Guardado (drums) and Brandon
det, a co -owner of Tapeworm
Leidel (percussion) -have, been ,
Studios in North Miami. "I used
wanting to refine "and work on ;;;
t�oi en to a lot of music that
experimentally recorded."
Boudet once played with a. ;:POP
Miami -based .act named Blind
IMAGE: Mike Boudet; singer /guitarlstand songwriter of o band Lounge Act
pop
Raised in a Cuban household,
prophet, but later had a change
has a second album coming out next month. The band debutedin 1996 with Enjoy The Cancer.
Boudet, 23, listened to Spanish
music, then in his teens got into
ofheart and wanted to become a
_
solo artist.
break that drove him from sor- a happy song just to see what it
-
sounds. Brian Rinaldi, who o
pop artists like Michael Jackson
,
"I didn't want to'depend on - .
"row to songwritipw sounds like."
laborated with Boudet on be
and Rick Springfield. During
high Boudet
anybody, and I wanted to put
"If {'don't feel anything, I The material on his upcoming
albums, added the sequenci
and drum beat sounds on Int-
school, was
exposed to the more modern
out an album."
Boudet formed Threshold
don't write," he said. "I think album takes on much of the
the more interesting songs are same acoustic. pop elements fea-
vent.
"This-album has more; la
music of Nine Inch Nails and
Nirvana, which melded with his
Records as a vehicle to promote
his album — a result of a heart-
because something bad hap- tured in his previous effort, but
oened. I'd like to be able to write with more electronic beats and
' ers," Rinaldi said. "It soun
more full."_
CITY OF SOUTH MIAMI
0 1VIOTICE OF :PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission 7of t City of South
Miami; Florida-,Will conduct a Public Hearing during its regular 'City,
Commission meeting on Tuesday, January 20, 1998, beginning at 7 :30 p.m.,
in the City Commission Chambers, 6130 Sunset "Drive, - to consider -the
following described ordinance which was given first reading on December.
16,1997... v
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY " OF SOUTH MIAMI, . FLORIDA, RELATING TO
REDEVELOPMENT; CREATING THE SOUTH MIAMI
REDEVELOPMENT TRUST FUND.; ALLOCATING FUNDS_-
APPROPRIATED TO THE TRUST FUND TO FINANCE THE SOUTH
MTAMI REDEVELOPMENT PhAN• PROVIDING FOR AP _. -.. _
Get that degree or extra training now
It's not too late!
`Enroll today it Miami- Dade's
PROPRIATION
OF TAX INCREMENT REVENUES,: ISSUANCE OF, REVENUE BONDS
AND OTHER DEBT INSTRUMENTS, EXPENDITURES OF FUNDS IN =
THE. TRUST, DELEGATING AUTHORI'T'Y TO THE SOUTH MIAMI' . YOU C
REDEVELOPMENT AGENCY TO ADMINISTER THE TRUST FUNDS;
REQUIRING ANNUAL INDEPENDENT; FINANCIAL AUDIT OR THE
FUND; 'PROVIDING FOR SEVERABILITY ORDINANCES' IN
CONFLICT AND AN EFFECTIVE DATE
Inquines concerning this item should be directed to the City Manager's . Classes Begin
Office at 663 -6338. Call C34M 23
ALL interested parties are invited to'attend and will be heard.-__ : -
Ronetta Taylor, CMC
City Clerk _ . MIaff
City of South Miami i; COWAb
Pursuant to Florida Statutes 286.0I05,Ahe,aty herieb}radvises-the bile that if a person decides•to Ketu
or..
- ,.- 1101.1= S.W.104tiI Street,
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To: Mayor and City Commission
�e.JJ
From: Diana Morris
City Manager
Date: January 13, 1998
Agenda Item #
Re: Comm. Mtg. 01/20/98
Bird Road Alcoholic Beverages
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED
"ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL
ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
On November 18, 1997, the City Commission instructed the City Administration to prepare a
draft ordinance for first reading. The purpose of this action was to elicit public input, regarding
the possible repeal of restrictions on the sale of alcoholic beverages near residential property.
In order to obtain the desired public input on this matter, three courtesy letters were mailed to all
property owners who own property which is located within the City of South Miami and also
located north of Blue Road (48 Street). Copies of these letters are attached for your reference.
On December 30, 1997, the South Miami Planning Board voted 5:2 to recommend denial of the
ordinance as proposed. The Planning Board then voted 7:0 to recommend for approval that the
following four recommendations be forwarded to the City Commission for consideration and
possible incorporation into the ordinance reviewed by Planning Board:
1) that beer and wine only be served with food in restaurants;
2) that no bar be established within the design of restaurants;
3) that the City Attorney draft guidelines for what constitutes restaurants;
4) that a permanent, opaque buffer be erected between commercial
establishments and adjoining residential property.
City Manager's Report: Bird Road Alcoholic Beverages Ordinance
Page 1 of 2
In addition, staff has received notice from the Village of Pinecrest that they express no objection
RECOMMENDATION: Re- formulation as recommended by Planning Board.
Attachments:
Proposed Ordinance for Adoption
Staff Report by Planner Gregory I Oravec
Letters of Objection Received from Members of the Public
Copy of Courtesy Notice to Property Owners for 1 st Reading
Copy of Courtesy Notice to Property Owners for Planning Board
Copy of Courtesy Notice to Property Owners for 2nd Reading
Excerpted Planning Board Minutes from December 30, 1997
1 ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
6 TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS
7 ENTITLED "ALCOHOLIC BEVERAGES,- IN ORDER TO REVISE THE
8 DISTANCE REQUIREMENTS FROM 'RESIDENTIAL ZONING DISTRICTS
9 IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR
10 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND,
11 PROVIDING FOR AN EFFECTIVE DATE.
12
13
14 WHEREAS, on October 28, 1997, the Planning Board voted 6:1
15 to recommend to the City Commission "that the area on Bird Road
16 be reviewed as a special zoning district, in order to permit the
17 consumption of beer and wine, and, in order to spur growth and
18 redevelopment in that particular area;" and,
19
20 WHEREAS, on November 18, 1997, the City Commission requested
21 that the City Administration prepare a draft ordinance for first
22 reading, in order to obtain public input regarding the distance
23 requirements from residential properties for businesses in the
24 Bird Road Area, which desire to permit the consumption of beer
25 and wine on the premises; 'and,
26
27 WHEREAS, the "Bird Road Area" for purposes of this ordinance
28 is that area designated as Neighborhood 1 of the ten traditional
29 neighborhoods described in the City's Comprehensive Plan; and,
30
31 WHEREAS, the City Administration has mailed notices to all
32 property owners who own property which is located within the City
33 and is north of Blue Road -(S.W. 48 Street), in order to obtain
34 the public input which is desired by the City Commission; and,
35
36 WHEREAS, said mailing to property owners is not a required
37 action by the City to fulfill any advertising requirement; and,
38
39 WHEREAS, all procedural requirements, as set forth in both
40 the laws of the State of Florida and in the City of South Miami's
41 adopted Land Development Code, have been met; and,
42
43 WHEREAS, the City Commission finds that it is in the public
44 interest to review distance requirements related to the sale of
45 alcoholic beverages in the area known as the "Bird Road Area.
Bird Road Alcoholic Beveragesord: 2nd Reading January 20, 1997 1 r',
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 4- 2(a)(3) which includes a chart with a
footnote is hereby amended so that the footnote reads as follows:
* The spacing between residential properties and
restaurants, bar /lounge and nightclub does not apply
within the Hometown District, as well as adjacent
residential property outside of the Hometown District.
This exemption is also adopted for properties which are
zoned for 'commercial purposes and located on Bird Road.
Section 2. If any section, clause, sentence, or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 20th day of January, 1998.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Price:
Vice -Mayor Robaina:
Commissioner Oliveros:
Commissioner Young:
Commissioner Bethel:
c:\ ... \ Ldc \ Alcoholic Bev Ord.doc
Bird Road Alcoholic BeveragesOrd: 2nd Reading January 20,1997 2
To: Brian T. Soltz
Planner
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
From: Gregory J. Oravec
Planner
ITEM: PB -97 -032
Applicant: Mayor and City Commission
Date: December 19, 1997
Re: Bird Road
Alcoholic Beverages
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF
ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE
DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN
AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES
IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
On October 28, 1997, the Planning Board voted 6:1 to recommend to the City Commission "that
the area on Bird Road be reviewed as a special zoning district, in order to permit the
consumption of beer and wine, and in order to spur growth and redevelopment in that particular
area."
On November 18, 1997, the City gommission requested that the City Administration prepare a
draft ordinance for first reading, in order to ` obtain public input regarding the distance
requirements between residential properties and businesses in the Bird Road Area, which desire
to permit the consumption of beer and wine on the premises.
On December 2, 1997, the City Commission voted 5 -0 to initiate the Public Hearing process.
ANALYSIS
The "Bird Road Area" referenced in the proposed ordinance is the northern most neighborhood
in the City. It is a neighborhood composed of the following zoning districts: General Retail
(GR). Residential Office (RO), Medium Density Multi - Family (RM -24), Single Family
Residential (RS -4 & RS -5), Public /Institutional (PI), and Parks and Recreation (PR). The GR
zoning district fronting Bird Road is a high traffic urban area, and the only district in the
neighborhood which allows alcohol related uses; but, the majority of those uses are not permitted
in the district because the City's Code of Ordinances outlines spacing requirements which
prohibit some alcohol related uses based on their distance from churches, schools, and residential
properties. These spacing requirements were created in order to protect residential, church, and
school uses from the possible negative impacts which can be associated with the sale and
consumption of alcohol. Now that the spacing requirements are being revisited via the proposed
ordinance. the crucial issue is how the consumption and/or sale of alcohol in the GR zoning
district would affect the Bird Road Neighborhood.
The following uses are commonly associated with the sale and/or consumption of alcoholic
beverages and are permitted within the GR zoning district as described in Section 20 -3.3 of the
South Miami Land Development Code (LDC): restaurant, drinking place, liquor store, and
grocery store. Pursuant to Section 4 -2 (a) (3) of South Miami's Code of Ordinances restaurants.
drinking places, and liquor stores must maintain a minimum distance of 500 feet from churches.
schools, and /or residential properties (see Attachment A)'. Figure 1 demonstrates that there are
no schools within 500 feet of the GR district, and that the Hope Lutheran Church facility is
within 500 feet of a minor portion of the GR district. Most importantly, however, Figure 1
exhibits that there is no segment of the GR zoning district which is not within 500 feet of a
residential property. As a result of these minimum distance requirements, a grocery store would
currently be permitted to sell beer and wine in most of the subject area, pursuant to state approval
and all other applicable South Miami laws, because it does not have a required minimum
distance from a residential area. The remaining alcohol related uses, however, are currently
prohibited from allowing the sale and /or consumption of alcoholic beverages in the GR zoning
district almost exclusively because of their distance from residential properties.
Should alcohol related uses be permitted within 500 feet of residential properties? Miami -Dade
County has answered yes. The Code of Metropolitan Dade County does not require a minimum
distance between alcohol related uses and residential properties (see Attachment B). As a result,
there are Miami -Dade County zoning districts bordering the Bird Road Neighborhood which
would allow the sale and consumption of alcoholic beverages within 500 feet of South Miami
residential properties. Thus, alcohol related uses could already be affecting the neighborhood.
The presence of Miami -Dade zoning which allows alcohol related uses adjacent to South Miami
residential properties is important because it demonstrates that this ordinance's proposed changes
are not a radical divergence from what may already exist.! However, it is not reason alone to
change the City of South Miami's Code of Ordinances 'because Miami -Dade County's law
evidences an opinion, not an answer.
Alcohol related uses can adversely affect residential neighborhoods. Examples are numerous and
well documented, some are typified below. One of the lesser problems of a drinking place use
results from its late hours, the noise associated with the business can disturb surrounding
residents. On a more severe scale, drinking places often invite drunk and disorderly conduct.
Therefore, drinking place uses should be adequately buffered from a single family neighborhood.
The liquor store use may also invite unwanted elements into a neighboring residential area,
' The names of the alcohol - related uses listed in the Land Development Code (LDC) differ from those stated in
Section 4 -2 (a) (3) of the Code of Ordinances. The official permitted uses are as listed by the LDC. For the
purposes of this comparison, the bar /lounge and nightclub uses referred to by the Code of Ordinances equals the
drinking place use referred to by the LDC; package store equals liquor store; and, grocery store and supermarket
equal grocery store.
vagrants and open containers. A restaurant with a bar can have the same negative impacts as a
drinking place. However, this rarely occurs because of the differences which arise from being a
restaurant first and a drinking place, second.
The primary function of a drinking place is to sell alcohol for consumption on premises. In
contrast. the primary function of a restaurant is to sell food. Alcohol is sold secondarily as a
means to enhance the food and the sales receipts. Due to these inherent differences, the sale of
alcohol for consumption at a restaurant is less likely to negatively impact a surrounding
neighborhood. For example, a restaurant does not have to keep the same hours as a drinking
place to be successful. Most restaurants close by midnight, while many drinking places often
stay.open until 5 a.m.; thus, restaurants do not subject their neighbors to the same late night
disturbances. Restaurants are also less susceptible to problematic patrons because the staff is
more inclined to monitor and regulate their drinking customers in order to avoid detracting from
the eatery's atmosphere. Most importantly, these generalities are buttressed by the fact that in the
City of South Miami all restaurants are analyzed and evaluated by staff; the Planning Board, and
the City Commission. Therefore, poor or inappropriate concepts can be denied.
At times, the City has decided that the benefits of permitting the consumption of alcoholic
beverage outweigh the negative possibilities, as evidenced in the exemptions afforded the
Hometown District. Eliminating the distance requirement between 'residential properties and
restaurants which serve alcoholic beverages within the GR district of the Bird Road
Neighborhood will allow those restaurants to increase their sales and compete with other area
restaurants., spurring the growth that the Planning Board called for at the meeting of October 28.
Therefore, staff concludes that the positives of permitting the sale and consumption of alcoholic
beverage at restaurants within the GR district fronting Bird Road outweigh the negative
possibilities.
COMPREHENSIVE PLAN
This request does not conflict with the adopted Comprehensive Plan of the City of South Miami.
APPLICABLE REGULATIONS
Code of Ordinances
Land Development Code
RECOMMENDATION
The characteristics of a restaurant in conjunction with the analysis and evaluation of said
restaurant through the public hearing process greatly reduce the chance of adverse impacts to the
surrounding community. Therefore. staff recommends approval of the proposed ordinance with
the following changes:
Section 1 of the proposed ordinance should be changed to state the following:
ection 1. Section 4-2 (a) (3) which includes a chart with a footnote attached to
the category "Residential is hereby amended so that the category "Residential
includes an additional footnote, which reads as follows:
+ The spacing between residential properties and restaurants does not apply
within the General Retail District fronting Bird Road, as well as adjacent
residential property outside of said district.
Attachments:
Attachment A, Section 4 -1 & 4.2 of the South Miami Code of Ordinances
Figure 1, portion of City's Zoning Map showing distances from selected uses
Attachment B, Excerpt from Code of Metropolitan Dade County)
Letter dated December 2, 1997
Draft, Proposed Ordinance that was approved at first reading 5 -0
Attachment A
Chapter 4
ALCOHOLIC BEVERAGES*
Art. I. In General, §$ 4 -1 -48
Art. II. Licenses, f $ 4- 9-4.13
ARTICLE I- IN GENERAL
Sec. 4 -1. Manufacture, sale, distribution governed by pro -
visions of this chapter.
No person, corporation, or other entity shall engage in the man-
ufacture, sale or distribution of alcoholic beverages, except strictly
under the terms and provisions of this chapter. (Ord. No. 128, § 1,
9.24 -40 Ord. No. 1448, § 1, 6- 12 -90)
Sec. 4 -2. Distance requirements; nonconforming use; cer-
tificate of occupancy.
(a) Distance requirements.
(1) Distance from a church, school, or residential property shall
be measured by following a straight horizontal line from
the nearest point of the property line of the property on
which the proposed licensed establishment is to be located
to the nearest point of the property line of a church, school
or residential property.
(2) In all other cases, distance shall be measured by following
a straight horizontal line from the nearest point of the
perimeter wall of the proposed establishment to the nearest
point of the perimeter wall of the existing establishment.
(3) No premises shall be used for the sale of alcoholic bever-
ages where the proposed licensed establishment is located
less than the distance in feet from another-use as indicated
in the following chart:
*Cross reference - Consumption of alcoholic beverages in public and private
places, § 15 -74.
State law reference — Alcoholic beverage laws, Chs. 561, 567, 568, and 569,
Florida Statutes.
Supp., No. 48
47
§ 4 -2 SOUTH MIAMI CODE
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(d) The word "owner" as used in this article
shall include owners of the fee, lessee and "agent
in charge."
(Ord. No. 57 -19, § 32(L), 10- 22 -57) (2)
ARTICLE X. ALCOHOLIC BEVERAGES*
Sec. 33 -150: Location of establishments.
(A) Distance from other establishments. Unless
approved as a special exception (Section 33
311(d)), no premises shall be used for the sale of
any alcoholic beverages, as defined herein, to be
consumed on or off the premises where the struc-
ture or place of business intended for such use is
located less than fifteen hundred (1,500) feet from
a place of business having an existing,
unabandoned,,legally established (and not one of
the uses excepted from the spacing requirements
hereinafter provided) alcoholic beverage use which
permits consumption on or off the premises. The
fifteen hundred (1,500) feet distance require-
ments shall be measured by following a straight
line from the nearest portion of the structure of
the place of business.
(B) Distance from church or school. Unless
approved as a special exception (Section 33-
3.11(d)), no premises shall be used for the sale of
alcoholic beverages to be consumed on or off the
premises where the structure or place of business
intended for such use is located less than twenty -
five hundred (2,500) feet from a,church or public
school. The twenty- five- hundred -foot distance re-
quirement shall be measured and computed as
follows:
(1) From a church, the distance shall be mea-
sured by following a straight line from the
*Charter reference -- Authority of County to establish
and enforce regulations for sale of alcoholic beverages in
unincorporated areas and to approve municipal regulations on
hours for the sale of alcoholic beverages, § 1.01(A)(16).
Cross references — Definition of alcoholic beverages, § .
33 -1(3); definition of bar or saloon, § 33- 1(10); definition of
beer, § 33- 103); definition of cabaret, § 33- 1(23); definition of
intoxicating liquors, § 33- 1(59); minors gaining admission to
prohibited places, or for purposes of securing beer, liquor or
wine, by false statements or credentials, § 21 -10; package
stores and nightclubs in hotels, RU-4 District, § 33- 222.4.
Supp. No. 16
5229
front door of the proposed place of business
to the nearest point of the church struc-
ture, and
From a public school, the distance shall be
measured by following a straight line from
the front door of the proposed place of
business to the nearest point of the school
grounds.
(C) Compliance prerequisite to issuance of li-
censes, permits and certificates. No certificate of
use or occupancy, license, building or other permit
shall be issued to any person, firm, or corporation
for the sale of alcoholic beverages to be consumed
on or off the premises where the proposed place of
business does not conform to the requirements of
subsections (A) and (B) above.
(D) Nonconforming uses, definition ofabandon-
ment. The uses referred to in subsections (A) and
(B) above that are in violation of the provisions
thereof, and that were in existence on or before
June 14, 1956, shall be deemed to be nonconform-
ing and as such may continue until there is an
abandonment thereof, provided that such noncon-
. forming uses have been established and proven to
the satisfaction of the Department on or before
October 1, 1956, and not thereafter. After October
1, 1956, the right to establish a use not conform -
ing with the requirements of subsections (A) and
(B) shall, have expired and shall not thereafter be
recognized. Any uses, created and established in a
legal manner, which may thereafter become non-
conforming, may continue until there is an aban-
donment Once a nonconforming use is aban-
doned it cannot be re- established unless it can
conform to the requirements of this chapter.
Abandonment shall consist of a change of use or
of a suspension of active business with the public
for a period of not less than three (3) months, or
prior to the end of the period, on a written
declaration of abandonment by the tenant and
owner of the premises if under lease, and if not, by
the owner.
(E) Exceptions to spacing and distance require-
ments. The restrictions and spacing requirements
set forth in subsections (A) and (B) above shall not
apply:
(1) To private clubs, provided such clubs con-
form to all the requirements of a private
CIT1' COMMISSION CHAIRMAN
City of South .Miami
Building. Zoning &. Community Development
6130 Sunset Drive
South Miami. Florida 33143
Fax 305 663 -6327
Phone 305 666 -4591
FAMILY FIRST,
Reference is made to Gregory J. Oravec's letter of December 19, 1997 announcing a meeting to be held
on the evening of December 30, 1997 to review a proposed ordinance which would allow, contrary to the
existing City Code of Ordinances, some businesses on Bird Road to sell alcoholic beverages for
consumption on- the - premises within 500 feet of residences (family dwellings).
I think it is a crime to have chosen this particular date and time of year for such a meeting. This is that
special time of year when families are busy celebrating and trying to find time to spend with relatives and
friends. Yet this is an issue that would likely be of concern to those same families. You do a great
disservice to the targeted community by scheduling this meeting at that time. I hope you will reconsider.
Sincereh•.
Bradley N. Coule, Resident
6235 S.W. 42 °d. Street
South Miami, Florida 33155
cc: Bill Mackey, AICP '
Brian T. Soltz
FAX CORRECPONDENCE
To: Gregory Oravec
Planner, City of South Miami
Fax no. (305) 666 -4591
From: Dave Bernero
Property owner, city of South Miami
4241 S.W. 62 Avenue
Miami, Fl. 33155
Fax no. (305) 661 -5229
December 21, 1997
Dear Sir;
Please accept this letter as my official objection to the
proposed ordinance change that would allow the sale of alchoholic
beverages within 500 feet of residential areas. I would prefer
to keep the existing ordinance, since there already are enough
businesses within this restriction that can now sell alchoholic
beverages. The area I am refering to is Red Road and Bird Road
whore there is a full service liquor store.
I firmly believe that any change, of this nature, would
only erode the already unstable fringe area, and contribute
toe the decline of the quality of life and property values in
my area. I have already witnessed enough wanton construction,
in this area, that has taken place without any City permits.
If this letter cannot be accepted.se my official objection,
please phone or fax me at the above number, and I will make
my objecton.in person at the December 30th meeting.
Thank you for your support in this matter.
Respectfully',
/av:A. ernero
Fax /phone (30$) 661 -5229
Deccmber 2, 1997
Bill IAackey, AICP
Director of Planning and Zoning
City of South Miami
Dear Mr. Mackey, Please be advised that we are opposed to any variance that would allow liquor to be
seared in an establishment in the area adjacent to our neighborhood
We are concerned that a variance would then provide the opportunity for similar situations to be allowed
mid to further threaten this area.
Thank you for your attention.
a
�1
Sincerely.
ter: ane and Kenton Harris
4108 SW 61 Avenue
S. hfiami, FL
33155
Ciao of South Miami
BUILDING, ZONING & COMMUNITY DEVELOPMENT
6130 Sunset Drive / South Miami, Florida 33143 / (305) 663 -6327
Fax (305) 666 -4591
November 21, 1997
Dear South Miami Property Owner:
This letter serves as a courtesy notice to inform you that on December 2, 1997, at 7:30 p.m., the
City Commission of the City of South Miami, Florida, will be reviewing a proposed ordinance at
first reading relating to commercial property in your neighborhood. The meeting will be held in
the Commission Chambers at City Hall located at 6130 Sunset Drive, South Miami, Florida, and
this ordinance will be reviewed at the end of the meeting. Members of the public should address
the City Commission on this matter under the section of the agenda entitled "Public Remarks."
The proposed ordinance would allow some businesses on Bird Road to sell alcoholic beverages
for consumption on- the - premises. Currently, the City's Code of Ordinances prohibits the sale of
alcoholic beverages within 500 feet of any residential property, which effectively prevents new
businesses from obtaining beverage licenses (except for the sale of beer as a package item). The
proposed ordinance would remove the residential distance requirement. However, the distance
requirement from schools and churches would be retained. Existing licenses are not affected.
The City Commission is interested in obtaining your input. All interested persons are urged to
attend. Objections or expressions of approval may be made in person at the meeting or filed in
writing prior to or at the meeting with the City Clerk. Please, send mail to the address above.
If you have any questions regarding this or any other planning and zoning matter, please, feel
free to contact me by telephone at (305) 663 -6327 or by telefacsimile at (305) 666 -4591.
Thank you.
Sincerely,
6�v
Bill Mackey, AICP
Director of Planning & Zoning
L. Dennis Whitt, City Manager
Ronetta Taylor, CMC, City Clerk
Earl G. Gallop, City Attorney
"City of Pleasant Living"
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO LAND USE;
PROVIDING A 180 -DAY MORATORIUM ON ACCEPTANCE AND
REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT
PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION
TOWERS TO ENABLE THE CITY TO PREPARE AND ADOPT
MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF
TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES
IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE
TIME PERIOD OF THE MORATORIUM; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the Congress of the United States adopted the Telecommunications Act
of 1996, providing for federal regulation of wireless telecommunications, a technology of
wireless voice, video and data communications systems, which requires land -based facilities
that impact planning and zoning concerns in the City of South Miami and throughout the
United States; and,
Whereas, the Mayor and City Commission finds that it is in the public interest to
regulate the siting of wireless communication towers and antennas within the municipal
boundaries; and,
Whereas, the City has received, and expects to receive additional, requests from
telecommunication service' providers to site wireless telecommunication towers and antennas
within its municipal boundaries and the City is authorized by federal, state and local law to
regulate the siting of such towers and antennas; and,
Whereas, it is the intent ofthe city commission to provide reasonable accommodation,
and to promote and encourage fair and reasonable competition, among telecommunication
service providers, or providers of functionally equivalent services, on a neutral and non -
discriminatory basis; and,
Whereas, the purpose and intent of this moratorium ordinance is to enable the City
to adopt minimum standards for the location and installation of telecommunication towers
and antennas, for establishing the priority order of use and, further, to encourage the co-
'71
{. T^A6e
location of facilities, in a manner that is consistent with, and implements, the City's
comprehensive plan, and is compatible with the existing patterns of development in the city;
and,
Whereas, by enacting regulatory requirements and standards, it is the City's intent to
protect and promote the health, safety- and welfare of its citizens and residents, the traveling
public, and other persons in a manner that will minimize both the number of towers and
antennas, as well as any adverse visual impact and other potential' damage by these facilities,
through encouraging co- location and shared use of new and pre- existing telecommunication
facilities, through incentives, careful design, engineering, siting, landscape screening and
innovative camouflaging techniques.
WHEREAS, the city commission has directed the City Manager and the City Attorney
to review the Code of Ordinances and to propose amendments to ensure that city regulations
are consistent with the provisions of the Act in all areas, including but not limited to
minimum standards for telecommunication service; and,
WHEREAS, on or about August 1, 1996, the Federal Communications Commission
promulgated voluminous regulations and standards relating to telecommunications, including
but not limited to telephone, cable, wireless communication services and open video systems;
and,
WHEREAS, the staff of the city requires time to study the application and function
of the Act and the FCC regulations within the City of South Miami; and,
WHEREAS, the staff of the city also requires time to study recent technological
advances and applications affecting all aspects of communication, including but not limited
to wireless service, cable services, telephone services, open video systems, and the placement
of related facilities; and,
WHEREAS, the development permit moratorium, together with the directed study,
including the review of the Federal Communication Commission regulations, is consistent
with requirements of the Act; and,
WHEREAS, it is in the best interests of the citizens of the City of South Miami to
impose the moratorium;
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Whereas clauses are incorporated in, and made a part of, this
ordinance.
Section 2. The Mayor and City Commission of the City of South Miami hereby
declares a 6 -month development permit moratorium on all actions relating to acceptance and
review of applications, and issuance of development permits, for the installation of
telecommunication towers, to enable the city to prepare and adopt minimum standards for
the location and approval of telecommunication towers. The term, "telecommunication
towers," is defined to mean a guyed monopole, or self- support/lattice tower, containing one
or more antennas used in the provision of wireless communication service..
Section 3. The moratorium shall be effective through June 16, 1998, unless
extended by the city commission.
Section 4. All ordinances, or resolutions, or parts, in conflict with this
development permit moratorium shall not be in force and effect during the time period of the
moratorium.
Section 5. 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 6. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 16th day of December, 1997.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
�TYATTORNEY
3
MAYOR
N:\EGallop\Csinord-res\telecominoritorium.ord.wpd
y
is
k
4
�.ruarty n
Since
Semm C
Saan 1971
b
RY THING MUST GO
we are clearina out all merchandise for a ma or renovation!
ART SUPPLIES # CRAFT SUPPLIES
WILTON CAKE SUPPLIES # CANDY MAKING SUPPLIES
,# SILK & DRIED FLOWERS # BASKETS # YARN
�o CROSS- STfTCH & NEEDLEPOINT SUPPLIES # PICTURE
FRAMES T-SHIRTS # NOTIONS I# FABRIC & TRIMS
AN Saks Final - Cash & Credit Card Sales Only
- Sorry No Checks
SHOP EARLY FOR BEST SELECTION
Sp{/E p BUNDLE ON ALL YOUR CRAFT NEEDS
GETTIN
PERS. -
SAYS _ _
"OKAY "'TO
CREDIT
CARDS
Now you can pay
vour classified bill
with your favorite
credit card.
When you call in
your ad. lust say
you want to bill it
to your credit card
and give the Sales
Representative the
necessary
information.
More than
700,000 readers
turn to our
Classified section
every day.
VISA
r�
Count on Action Line to solve problems, get
answers and stand up for your rights. -
IT VAll PP
WHAT YOU CAW DO, FWU 29
6654770.
seeks men and women of all levels. What You Can I
LaaroMr MlrM -F
Avenue. CaM3115- 7078.... Cotasss,
to" boy$ grade 6
instrucfbn and open play in Dade. Call
necessary. Cap 232-0
USBA Region 3 director at 827 -4411.
MakOe dub Is lookinc
Diabetla Fitness Gufx Weekend
players. Call 859-969
sporting activities and social ~S
Rowhgk The Mier
for diabetim Free. Call 666.1084.
Seeking no nnambe,
Dist goltAn 18- hole co rsaat
R"; Rug
Kendall Indian Hammocks Park.
looking for piefrs. E
11345 SW 791h St., is open during
required. Practices 7
Park hours P a.m. to sunset). Free
days and Thursdays,
league play is at 3 p.m. Saturdays.
Southwest 185th Stn
play is open to players of all abkitles.
Cetl Kaltln Johrremn at W5 -9476 Mon-
Hod" Fc
day through Friday 7 a.m to 8 pm.
Includes patidpalio
F p Miami Fencing Club
competitive sports k
an from 7 -9 p.m. Tuesdays and
play 4.6 p.m. Monde
Thursdays at South Miami Middle
mocks Commnrnity F
School. 6750 SW 80th St, Open to au
mocks Blvd., Kendal
ages. CaR 885 -9010.
Park, 10400 SIN 9 ?2
Fkanninsam" deasekParents
fres:aduitsokirth
and children can learn the fundanen-
vohrrteer to becoac
tail of firearm safety and use In this
season: 380.6971.
course at the Troll Glades Range,
TabhtenaI Dev
17801 SW Eighth St. Open to a"ne
JCC,11165 SW 112
10 and older. Fee: $5 adults, children
from 7 to 10 p.m. (ac
10- 17Ime. Classes during op&V4
27149000, aid. 290.
hours: Monday 12:30 -5:30 pm..
WOMWS Ysobt F
Thursday 9 a.m. -5:30 p.m., Friday
noon-5:30 p.m. and Saturday- Sunday,
Von: AAeetlrngs(oper
8 a.m. -5:30 p.m.. Closed Tuesday and
�� at Carol Res
2484 m S. t con rose
Dr
Wednesday. Call 227 -6568.
PROVIDING FOR AN EFFECTIVE DATE. ( First Reading December 2.
FNsber Utlknate Fetsbee team
The applicant is requesting a eon -use, variance tc
— .—.3- e'7�", ".`?. —i—�
seeks men and women of all levels. What You Can I
Call 8250755. .. , by Gary Jenkins.
CITY OF SOUTH MIAMI
riro..jtdo• •l;8 -1 �°'`$aw;
8-10 f ormin9 and
f.
NOTICE OF I�iV H+A++l w
gong for all ages and silo level :
p.m. ThwsdaW University of nonprofit or not -f
In the breezeway between the student zatiotts at least tw
:
u •a- _ -, ..
union "the bookstoro(on Sanford advance to what
formorolnrormaticn,eall $ports De WUM
"
2357800. Herald. t Harald I
.
_ :.
NOTICE IS HEREBY given that the City . Commission of the City of South Miami,
m�une Skete 20000ttaa 33132 -ISM or k
lreelessonsitem boputmaft AN itemstrlta9tlnc�
Florida will conduct a Public Hearing during its regular City Commission meeting
0. P.1 d}f01Ateam.ton0ensun- andaplioneaun
OMTliesday, lanuary20, I998, beginning at 7:30 m., in the City Commission
toe aan t» youan p(e cart cant tantc
Cb nbez% 6130 Sunset Drive, to consider the follinding described ordinance.
:�
c -AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT
a& ZONING HEARING
TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES,' WHICH
"ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE
-The zoning lams wtddt may be of
``DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS
IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR
9
SEVERABI IIY. PROVIDING FOR ORDINANCES IN CONFLICT; AND
isdorr.t4MSW202Avenue;MWm DadeCwA%Flk
PROVIDING FOR AN EFFECTIVE DATE. ( First Reading December 2.
The applicant is requesting a eon -use, variance tc
� vadancecesano sd
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TEIE
2: .tart a s>vR anaaa
-:
CITY OF SOUTH MIAMI. FLORIDA, RELlKnNG • TO LAND USE;
Location: 10711 SW 153 street, Miami-Dada, Ftodda (t
'<PROVIDING A Iso DAY MORATORIUM ON ACCEPTANCE AND REVIEW
Theaperu is kequesakg non-use valance to pemmit a
OF APPLICANTS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR_
sand algid aetbadk less oast mgnresdHom pneparty urea c
THE ngSIXIM ION OF TELECOMMUNICATION TOWERS TO ENABLE
Mu ipls mennbers of itldhddual community cokmdde may tie
THE C1TYT0 PREPARE AND ADOPT MINIMUM STANDARDS FOR THE
M pen Km am entitled to attend and to speak at zewrng he
LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS;
the Dourly have ruled that it •in improper to contact a
9apP�
f.einot
PROVIDING. THAT ORDINANCES IN CONFLICT SHALL NOT BE IN
FORCE AND EFFECT DURING THE TIME PERIOD OF THE .
heard to he ending b
dels items not tmeard prior to the ending tk+ts for-this
k
'e "= MORATORIUM; PROVIDING FOR SEVERABILTTY, .ORDINANCES IN
defarodfotlre next avarable zarwtg fnearirgmestirtgeLle
+ any Ho rxa' Association er
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (First Readi rig `
t ft pnmla a
byprorided to its pntsident on mkwn9 hesririgs ikvalyln9 k:
riM h
.December 16,1 9 fi on _..-
Formore iiortrmatlon an timisregiebatioe preoadnse, please c
laid- ordinances can be inspected in the City Clerics Office Monday Friday
Maps arnd tmtlrer data pertaining to these items we avalfaMe
ttoMIAMW oeCOUNTYDEPARTMENTofPLANNIN t,
. W dung regulm office hours. yam
a FAMULAMM 11th Floor, 111 NW 'Frst Street, Miami.
ktferrttadmt Is desired, eau 375-2640. Hearing Section PI«
3riq:ii- es concerning this item should be direcfed` to the Planning & Zoning
+tend furberw� g an ivory.
Mlamiedade County provides equal access and aqua
partment 6326.
anpbykneni mddeea not dtam*m to on the basis of disadl
ALL Iitteie -sted parties are invited to attend and will be heard,.,T
in oft. format, a sign language :. '
�, please cal SM-44M at least five days in ac
Ronetta Tay1O4�CMG
COMMUNITY ZONING APPEALS BOARD .
" "°
City (',ICt]taast� ra,va.. .sir f a a
THURSDAY, FEBRUARY$, 4M-7= PJY
City of South Mia nl`
SOUTH DARE GOYEANMENiCENTER -ROOM 20O fo
City hereby advises a
Frond tatues 2decisio5ri "
magi e en or Cocrnaiission
person dec>de taappealany try g cy
'AP srlro det4des appealdek any-decision i>y anany
.
otter considered at its meeting or hearin , he or she will-need" �
Wi x • t tQ c Ii r}l.= g
a e for "ppurpose, By
commission with respect to anyamtter croswmd of its m,
WIN treed a recad of the proceedings. Such person may nee
a.rerJ proceedings, andthat such
is includes
verbatim verbatim recd of the proceedings is made, including it
-
ts:ensure that a verbatim record t�f. the proceedings made w2uch record
the.testitTionyandsvidence upon wbdch the appeal is.to be based,_...�.:,�
evidence upon which the appeal;e a be based .
.
MIAWDADE COUNTY FLOC
_
- # ��.,; � _
Tli:.
tw..anak *•"X:1u .....,a _ , v4GTasx�,
. ..- .... ... ...v.. ,. ww
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— .—.3- e'7�", ".`?. —i—�
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 1/16/98
FROM: Dia a Morris
City Manager
AGENDA ITEM # _
Comm. Mtg.1 /20/98
Teen Pregnancy Prevention
Center, Inc.grant award of
$3,500.00
The attached resolution authorizing the City Manager to disburse the sum of $3,500.00 to Teen
]Pregnancy Center, Inc. is sponsored by Vice Mayor Robaina. In order to ensure accountability
for the use of our taxpayers funds, certain conditions are being imposed on the use of the funds.
The City Manager is to audit use of the funds to ensure that the conditions specified in the
resolution are fully complied with.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANT REQUEST
BY TEEN PREGNANCY PREVENTION CENTER; PROVIDING FOR
FUNDING FOR OPERATION OF A TEEN PREGNANCY PREVENTION
PROGRAM IN THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING
FUNDING IN AN AMOUNT NOT EXCEEDING $3,500.00 FROM
ACCOUNT NUMBER 001- 1100 -511- 9910, TITLED "CONTRIBUTION -
SPECIAL EVENTS ".
WHEREAS, the Mayor and City Commission have received a request from Teen
Pregnancy Prevention Center, Inc. for partial funding of their start-up cost to establish an outreach
center in the City of South Miami; and
WHEREAS, the Mayor and City Commission wish to express their support for the
mission of this organization to stop continuing cycle of familial intergenerational teen parenthood,
and reduce the rate of premature pregnancy among the youths of our community by providing
funding for the start -up cost; and
WHEREAS, in order to provide thorough accountability for the use of our taxpayers
funds, the Mayor and City Commission desire to approve the grant request contingent upon the
following conditions being met by Teen Pregnancy Prevention Center, Inc.:
a) Submit state- approved form 501(c) showing the center as a non-
profit agency.
b) Submit a 90 -day report to the City Manager's office along with
supporting documentation (including original copy of receipts and staff
contracts) showing the use of funds received from the City.
C) Advise the City of South Miami through the City Manager's
office in the event the center dissolves, and agree to return all furniture
and equipment acquired with approved funds to the City or donate them to
any other non -profit agency approved by the City.
d) Obtain city consents before transferring any furniture or
equipment acquired with the funds to any person or organization.
e) Provide quarterly reports on results of the project to the City
Commission.
fl Obtain city approval before transferring funds within the line item
in the attached budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. That the City Manager is authorized to disburse the sum of $3,500.00 to Teen
Pregnancy Prevention Center, Inc. to be used to set -up the organization's activities in the City of
South Miami
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Section 2. That the City Manager is directed to ensure that the conditions specified
above are fully met.
Section 3. That the disbursement for the request be charged to account number 001
1100 -511 -9910, titled "Special Events- Contributions"
Section 4. That this resolution shall take effect immediately upon approval
PASSED AND ADOPTED this 20'h day of January, 1998
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Teen _
January 13, 1998
City-of -South-
Diana Morris, City Manager
0139 SunsetDrive
Miami Dade,, FL 33143
Prevention- Center, Inc.
2I-5 - --W.- 52n--dS eet-b it -G
lllianzi, Florida_33142
Telephone (305) 638-6329
As -pet' our-meeting, on January 121998, here is the revision requested on the, budget. The requested
amount is now $3,500.00 for startup.
BUDGET
Line Item
Rent----
Lights
Office-Equipment
Office Programs /Supplies
C11entServices
Contractual Services
(liL-k,ind)
(In -kind)
$.1,544
__$1,000
500
$ ,!500
Thanking you in advance fo ttention to this matter
'a.Nunnally
President/ CEO
family."
November 17, 1997
City of South Miami
Mayor & City Commissioners
6130 S.W. Sunset Drive
Miami, FL 33143
Dear Madam & Sirs:
The Teen Pregnancy Prevention Center, Inc., is requesting the assistance from the City of South
Miami for start up funds. Office space has been donated as in kind from Dade County HUD, in the
South Miami Gardens Housing Development located at 5953 S.W. 61ct., Miami, FL 33143. The
center has been providing events, and community outreach services to this population in South
Miami, since June of this year. We would like to deliver needed services at 100% capacity, to this
overlooked and under served community. Your assistance of these funds will allow us to be a greater
service to this community.
Thanking you in advance for your consideration
Kale n
tlua Nunnally
Executive Director
"Educatio, s he family.'
Introduction
Teen Pregnancy Prevention Center, Inc,.(TPPC), Inc., began its tenure in the campaign to reduce
premature pregnancy among Inner City children/youth on December 5, 1994, and was incorporated
on October 11, 1995. The center is a private nonprofit Teen Health and Human Service (HHS) Center.
TPPC was born out of the need to motivate non- pregnant, and pregnant teens to remain in school,
address family, and environmental conditions that place them at risk of continuing the cycle of
intergenerational teenage pregnancy. Also, the center's programs have been specifically designed to
stimulate and reach the `Hard "Core" dropouts teen parents to return to school, build self-esteem, and
to participate in vocational, or technical training programs. These services provides the opportunity
for upward mobility, while removing the consumers from the welfare rolls, to work rolls, and out of
public housing. The program is based on first hand knowledge of the needs and the gaps in services
to this highly undeserved segment of the population. The Center that serves this community is housed
in the South Miami Gardens Housing Development, located at 5953 S.W. 61st Court Miami, FL
33143
Mission Statement:
The Teen Pregnancy Prevention Center's (TPPC) mission draws heavily from the Department of
Public Health Services (PHS) "Healthy People 2000 Statement," as the report speaks to the
problem of adolescent pregnancy. The aim of this project is to reduce the incidents of early sexual
activity, and premature pregnancy among children/youth who are at -risk of continuing the cycle of
familial intergenerational teen parenthood. Through the delivery of Family `Centered and
Grassroots Intervention Strategies, the program services will also focus on addressing the
devastating effects of failure across multiple systems of influence, and increasing the percentage
of disadvantaged youth overcoming poverty.
Problem Statement
In Miami, or more specifically the 33143 zipcode area, one out of every ten households are
affected by the epidemic of "teenage pregnancy "statistics Report indicates that there were 64.6
births per 1000. Also, reported is in the target community in which the program serves we have the
high numbers in the areas of ( teen pregnancy, no prenatal care during the first trimester, and
HILT /AIDS. This report further indicates that 47 % or 107 of these babies were born to the
impoverished African American girls, who are caught up: in the cycle of (intergenerational
teenage pregnancy). Therefore, if the rate of teen pregnancy is disproportionately high among
minority, then it is a foregone conclusion that the rate of the HN /AIDS is also reaching its peak
among this segment of the population.
Target Area/Population
The Project serves low to moderate income children/youth/families between the ages of 10 -21
who are residents of the South Miami community.
Project Description
Teen Pregnancy Prevention Center is a Grassroots Community Service Center which targets pre-
adolescents, and youth who live in the target community of South Miami. The project is an after
school, ,evening, and weekend support program, with an operational schedule 10:00 am to 7:00 pm
Monday thru Friday, and 11:00 am to 3:00 pm on Saturdays and Sundays, including holidays. The
center provides comprehensive Peer/Individual/Group Counseling, Abstinence education, Sea
education, HIV/AIDS Education, Parenting Skills, Tutorial/Homework assistance/ Basic
Education(for both parent and child), and Job training.
These services are provided by a network of full time staff, Professional and Paraprofessional
volunteers consisting of Educators, Physicians, Social Workers, Case managers, and Peer
Counselors.
Scope of Deliverables
Case Management
TPPC's case management service involves the assessment of the client/family needs, and assisting
the teen in developing an (in - out -of -home support system). The development of a comprehensive
family services plan that focuses on providing a vehicle whereby a much larger percentage of
children/youth will climb out of the inner city, and survive the emotional scares of growing -up in
dysfunctional families.
Individual and Group Counseling
This service has been designed to focus on the individual and collective problems of the clients.
Teen Peer Counseling
This service has been designed to provide a vehicle whereby male and female participants can
discuss their feelings about Abstinence, MWAIDS, early pressures of childhood sexual activity,
teen pregnancy, substance abuse, and suicide with someone who has experienced the same
situations, as well as the identical social, economic, cultural, and helplessness associated with the
subjects identified above.
Health Education
This service has been designed to raise the functional knowledge and understanding of
Abstinence, Birth control, STD's, HIV /AIDS, Nutrition, Genetic disease, and Chronic illness.
Parenting Skill Development
This service has been designed to develop adaptive parental functioning across multiple systems of
influence and domains, and to teach effective parenting skills, and child rearing practices. A
second aspect of this service is to increase the level of paternal involvement while improving the
attitude of the parents toward education, and removing obstacles to self sufficiency.
Parenting support group
This service has been designed to provide support for parents to come together and share the
difficulties, pitfalls, joys, and happiness' of parenting, and child rearing.
Tutorial/Homework Assistance
This service has been designed to improve reading, writing, speech, and math skills.
Male and Female Civic/Social
This service has been designed to get inner city children and youth involved in their communities
through services, action, and by exposing them to WORLDS beyond where they live.
Job Training
This service has been designed to provide on the job training in general office, and peer
counseling.
Goals and Objectives
Through grassroots intervention strategies the center seeks to facilitate the following goals over a
period of (12) twelve months.
(1) Utilize effective strategies to help participants (male, female) remain abstinent, and escape
the early pressures of sexual activities
(2) Reduce pregnancy and repeat pregnancy among girls (13 -19) years of age, and the
transmission of HIV /AIDS, and STD's diseases by reducing the number of youth
engaging in unprotected sex.
(3) To provide support services to build self - esteem, and remove obstacles to self sufficiency
(4) To improve parenting skills among teenagers, and involve clients in educational and social,
and cultural enrichment activities.
(5) To reduce incidents of juvenile delinquency, crime, and violence.
How the project's performance will be measured?
The project's performance, and effectiveness will be measured through Pre/Post Tests, HRS
Annual Teen Pregnancy Reports, Pregnancy Prevention Adolescent Council, and JASS as they
reflect youth registered in the program.
Expected Outcomes:
To reduce teen pregnancy, and repeat pregnancy by 70 % among program participants
To reduce FN /AIDS and STD infection by 50 % among program participants
To increase the number of youth graduating from high school by 45% among participants
To increase employment skills among participants by 50 %:
To increase parenting, and independent living skills among teen parent participants by 50 %.
To improve parental familiar attitude and participation in education among participants by 45 %.
BUDGET
Line Item
Rent (In -kind)
Lights (In -kind)
Telephone $ 500
Office Furniture $1,000
Office Equipment $1,500
Office Supplies $1,000
Client Services $1,500
Permits/ Licenses $ 500
Contractual Services $1,000
$7,000
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and Commission
From: Diana Morris
Interim City Manager
Date: January 16, 1998
Agenda Item #
Subject: Comm. Mtg. 1/20/98
Underground Right -of -Way
This resolution is placed on the agenda at the request of Commissioner Armando Oliveros, and
it opposes Florida House Bill #3291, relating to franchise fees for underground right -of -way
access to bury telephone lines. This would restrict fees charged by municipalities to for - profit
telephone companies for services and would allow their business to be conducted on public
lands without seeking additional authority from cities.
r —a�-nn , ,fir ^°"mTiSWTM-rv"ln. n ,- xz—• —�
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, OPPOSING FLORIDA HOUSE BILL
6 NO. 3291 RELATING TO FRANCHISE FEES FOR UNDERGROUND
7 RIGHT -OF -WAY ACCESS TO BURY TELEPHONE LINES; THE CITY'S
8 OPPOSITION BEING MADE TO ANY PROPOSAL TO PLACE FURTHER
9 RESTRICTIONS OR LIMITATIONS ON FRANCHISE FEES CHARGED
10 BY MUNICIPALITIES TO FOR- PROFIT TELEPHONE COMPANIES FOR
11 SERVICES AND ALLOWING THEIR BUSINESS TO BE CONDUCTED
12 ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY
13 FROM CITIES; PROVIDING AN EFFECTIVE DATE.
14
15
16 The Mayor and City Commission of the City of South Miami and,
17
18 WHEREAS, Florida House Bill No. 3291 is presently in committee for consideration
19 by the forthcoming session of the Florida Legislature, which concerns franchise fees paid to
20 municipalities for the underground right -of -way access to bury telephone lines; and,
21
22 WHEREAS, the existing state law allows municipalities to charge telephone
23 companies up to 1% of their gross revenues in franchise fees, and those firms that provide
24 cable television, gas and electricity pay similar fees; and,
25
26 WHEREAS, with the proposed bill, the telecommunications industry hopes to place
27 stricter limits on what cities may collect, which would give for- profit telephone companies
28 nearly free access to land for which the municipalities should be justly compensated; and,
29
30 WHEREAS, language in the proposed bill could further permit telephone companies
31 to conduct their business on public lands without seeking "additional authority" from the
32 cities;
33
34 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
36
37 Section 1. The City of South Miami City Commission opposes Florida House Bill
38 No. 3291, presently in committee in the Florida Legislature, regarding franchise fees for
39 underground right -of -way access to bury telephone lines.
40
AM*
1 Section 2. Opposition to Florida House Bill No. 3291 is specifically directed to
2 any proposal to place additional restrictions or limitations on franchise fees charged by the
3 municipalities to for- profit telephone companies for services, and further to permit their
4 business to be conducted on public lands without seeking additional authority from the cities.
5
6 Section 3. The city clerk is hereby directed to transmit a copy of this resolution
7 by telefacsimile to the President of the Florida League of Cities and to the sponsors of House
s bill No. 3291.
9
10 Section 4. This resolution shall take effect immediately upon approval.
11
12 PASSED AND ADOPTED this day of '1998.
13
14
15 ATTEST: APPROVED:
16
17
18 CITY CLERK MAYOR
19
20
21 READ AND APPROVED AS TO FORM:
22
23
24 CITY ATTORNEY
25
26
27 N: \EGallop \Csmord -res \opposing house bill 3291 res.doc
,_ i
COMPLAINT OF ETHICS VIOLATION
AGAINST JULIO ROBAINA, A PUBLIC OFFICIAL
Chief Watson, by and through the undersigned counsel, files this Complaint of Ethics
Violation Against Julio Robaina ( hereinafter known as " Robaina" or "J. Robaina') a Public Official,
and for cause states the following:
1. The City Charter of the City of South Miami pursuant to Article H, Section 9 grants this
Commission the power and duty to investigate any alleged violations of the City Charter.
Julio Robaina, apublic officer and member of the board of Commissioners, has allegedly
violated the City Charter in numerous instances including but not limited to: creating a
conflict of interest, misuse of public position, and disclosure or use of certain information,
all in violation of either the City Charter or Florida Statutes, Chapter 112. The facts
materially related to the complaint at issue are set forth herein below and/or will be supplied
to the investigator appointed to handle this Complaint.
2. It is requested that this Commission, either by Resolution or Motion, appoint an independent
investigator to determine if there is probable cause to investigate this matter; and ifprobable
cause is determined, to investigate this matter, and have the investigator prepare a
recommended order containing findings of fact and possible corrective actions; and upon
finding of violations of Charter, if any, to award sanctions including: the issuance of an
order prohibiting J. Robaina from interfering with the administration of the Police
Department; the issuance of an order prohibiting J. Robaina from interfering with the
employment of Chief Cokes Watson; to make a bona fide finding of guilt, if appropriate, and
to sanction J. Robina's actions by either public censure and reprimand, forfeiture of salary,
a civil penalty, removal of candidate from ballot, and/or suspension from office and/or
removal from office; and award Chief Watson attorney's fees and costs for the filing and
I
3. The relevant sections of the Charter of the City of S. Miami are Article H, Sections 7(2) and
9; and Article VI, Sections 1 and 7. Further the relevant Florida Statutes are § §112.311,
112.312, and 112.313. Florida statutes §112.311 sets forth the drafter's legislative intent in
relevant part, as follows:
The public interest, therefore, requires that the law protect against any
conflict of interest and establish standards for the conduct of elected
officials and government employees in situations where conflicts may
exist.... It is likewise essential that the people be free to seek redress
of their grievances and express their opinions to all government
officials on current issues and past or pending legislative and
executive actions at every level of government.... In order to preserve
and maintain the integrity ofthe governmental process, it is necessary
that the identity, expenditures, and activities of those persons who
regularly engage in efforts to persuade public officials to take specific
actions, either by direct communications with such officials or by
solicitation of others to engage in such efforts, be regularly disclosed
to the people. It is hereby declared that no officer, employee of...a
city.. shall have any interest, financial or otherwise, direct or indirect;
engage in any business transaction or professional activity; or incur
any obligation of any nature which is in substantial conflict with the
proper discharge of his or her duties in the public interest.
4. This code of ethics sets forth the standards of conduct required of such officers and
employees and should serve as not only a guide but also as a basis for discipline of those who
violate the provisions of this law.
5. The relevant portion of the City of South Miami Charter which grants this Commission the
authority and duty to investigate is Article II, Section 9 - Investigations which states in
relevant part the following:
Notwithstanding any other provisions of this Charter, the
Commission or its authorized representative or representatives may
make investigation into the affairs of this City and conduct of any
` City department, Board, Officer or Agency and for this purpose may
subpoena witnesses, administer oaths, take testimony and require the
production of evidence....
Therefore, this Commission has the duty to investigate the allegations as set forth herein in
order to uphold the validity of the Charter of the City of South Miami.
2
6. Pursuant to the above authority, the Commission shall investigate the alleged violations of
the City Charter. One of the relevant sections of the City Charter that has been violated is
Article VI, Section 1 - Conflict of Interest, which states in relevant part the following:
The City Commission shall, by ordinance, enact a conflict of interest
ordinance, which shall be at least equal to the standards of conduct
for public officers and employees as set forth in the statutes of the
State o f Florida and, more specifically, denoted as Florida Statutes
112.311 through 112.319, inclusive, and shall further set forth the
penalties for violation thereof
7. Article VI Section 1 states that public officers have the duty to not create a conflict ofinterest
and the duty to follow the dictates of Florida Statutes, Chapter 112. Robaina has allegedly
violated the dictates of Florida Statutes Chapter 112 and the City Charter.
8. The relevant portions allegedly violated by Robaina of Florida Statute § 112.313(6) & (8) are
as follows:
§ 112.313(6) - Misuse ofpublic position —No public officer, employee
of an agency, or local government attorney shall corruptly use or
attempt to use his or her official position or any property or resource
which may be within his or her trust, or perform his or her official
duties, to secure a special privilege, benefit, or exemption for himself,
herself, or others. This section shall not be construed to conflict with
s. 104.31.
§ 112.313(8) - Disclosure or use of certain information — No public
officer, employee of an agency, or local government attorney shall
disclose or use information not available to members of the general
public and gained by reason of his or her official position for his or
her personal gain or benefit or for the personal gain or benefit of any
other person or business entity.
9. According to § 112.313(6) and (8), Robaina cannot use his public office, property or resource
within his trust for private political gain, nor can he use any information gained by reason
of his position for personal gain or to benefit other persons. Robaina has allegedly used his
public office for political gain by: Interfering with police operations and administration
within the office structure and out in the streets thereby creating and presenting a substantial
and specific danger to the public's health, safety, or welfare or has committed an act of gross
mismanagement malfeasance misfeasance, gross waste of public funds, or gross neglect of
duty; allegedly improperly accessing personnel records through an agent; and by attempting
to use his political position to influence appointments within the Police Department.
i
10. Another relevant portion of the City Charter that has been allegedly violated is Article VI,
Section 7 - Autonomy, which states in relevant portion that:
Neither the Commission or any of its members shall direct or request
the appointment of any person to or his or her removal from office by
the City Manager or by any of his or her subordinates or in any
manner take part in the appointment or removal of officers or
employees in the administrative service of the City. Except for the
purpose of inquiry, the Commission or any member thereof shall deal
with the administrative service solely through the City Manager and
neither the Commission or any member thereof shall give orders to
any subordinates of the City Manager, either publicly or privately.
This section shall not apply to officers appointed under Article II,
Section 7 of this Charter.
11. Robaina attempted to improperly influence the appointment of police officers up to and
including the Chief of Police. On one occasion, Robaina personally handed a resume to a
City Manager for the appointment of Police Chief, all in violation in the City Charter.
Alternatively, Robaina attempted to improperly prohibit the appointment of a candidate for
Chief of Police.
ATTORNEY'S FEES AND COSTS
12. Chief Watson is need of an attorney to represent him in this matter. The City Attorney has
a clear conflict of interest and must represent his client, the City of South Miami.
13. According to Florida Statute §112.313(16)(c) - No local government attorney ... shall
represent a private individual or entity before the unit of local government to which the local
government attorney provided legal services....
14. According to the City Charter, Article H, Section 7(2):
The City Attorney acts as legal advisor for the municipality and all of
its officers in matters relating to their official powers and duties.
When required by the Commission, he or she shall prosecute and
defend, for and in behalf of the City, all complaints, suits, and
controversies in which the City is a party 'before any Court or other
legally constituted tribunal; he or she shall render such opinions on
legal matters affecting the City as the Commission may direct; and he
or she shall perform such other professional duties as may be required
by him or her by Ordinance or Resolution of the Commission or by
this Charter.
4
15. There are three potential parties to this complaint: The City of South Miami, J. Robaina and
Chief Cokes Watson. Chief Cokes Watson, while acting in his official capacity as Chief of
Police, is in need of attorney to protect his official actions and position as Chief of Police.
16. According to Florida Case law, Chief Watson has a right to an attorney who is to be
compensated by the City of S. Miami. Lomelo v. City of Sunrise, 423 So.2d 974 (Fla.4th
DCA 1982), sets forth the rule that public officers are entitled to defense at public expense
in lawsuit arising from performance of officer's official duty, and the rationale behind, apply
as well to prepayment as to postpayment. Therefore, Chief Watson is requesting that his
attorney be compensated according to law for her time. A separate Petition for Attorney's
fees and Costs will be filed.
WHEREFORE, it is respectfully requested that the City Commission of South Miami:
A) Appoint an independent investigator to immediately investigate this matter to determine if
there is probable cause to investigate this matter and ifprobable cause is determined to exist,
to make findings of fact, recommendations and suggested corrective actions;
B) Issue an order prohibiting J. Robaina from interfering with the administration of the Police
Department;
C) Issue an order prohibiting J. Robaina from interfering with the employment of Chief Cokes
Watson as Chief of Police of the City of South Miami;
D) Once a recommended order is entered by the investigator, if made, to make a bona fide
finding of guilt, if appropriate, and sanction J. Robaina's actions by either public censure and
reprimand, and/or suspension from office and/or removal from office, or by any other means
it sees fit and just under the circumstances; and
E) Award a prepayment of attorney's fees and costs for the counsel(s) of Chief Watson for the
filing and prosecution of this Complaint.
VERIFICATION
Under the penalty of perjury, I declare that I have read the foregoing document and that the
facts stated in it are true to 4of ledge and belief.
BY:
POLICE CHIEF C
Respectfully submitted,
1NGER M. GARCIA, ESQ.
LAW OFFICE OF INGER GARCIA
155 S. Miami Avenue; PHI
Miami, Florida 33130
Phone: (305) 373 -3932
Fax: (305) 373 -8132
Florida Bar No.: 0106917
BEFORE THE CITY OF SOUTH MIAMI
COMMISSION PURSUANT TO THE
CITY CHARTER ARTICLE II, SECTION 9
CHIEF COKES WATSON
COMPLAINT NO.:
Petitioner,
V.
JULIO ROBAINA
Respondent.
COMPLAINT OF ETHICS VIOLATION
AGAINST JULIO ROBAINA, A PUBLIC OFFICIAL
Chief Watson, by and through the undersigned counsel, files this Complaint of Ethics
Violation Against Julio Robaina, ( hereinafter known as "Robaina" or "J. Robaina ") a Public Official,
and for cause states the following:
1. The City Charter of the City of South Miami pursuant to Article II, Section 9 grants this
Commission the power and duty to investigate any alleged violations of the City Charter.
Julio Robaina, a public officer and member of the board of Commissioners, has allegedly
violated the City Charter in numerous instances including but not limited to: creating a
conflict of interest, misuse of public position, and disclosure or use of certain information,
all in violation of either the City Charter or Florida Statutes, Chapter 112. The facts
materially related to the complaint at issue are set forth herein below and/or will be supplied
to the investigator appointed to handle this Complaint.
2. It is requested that this Commission, eitherby Resolution or Motion, appoint an independent
investigator to determine if there is probable cause to investigate this matter; and if probable
cause is determined, to investigate this matter, and have the investigator prepare a
recommended order containing findings of fact and possible corrective actions; and upon
finding of violations of Charter, if any, to award sanctions including: the issuance of an
order prohibiting J.. Robaina from interfering with the administration of the Police
Department; the issuance of an order prohibiting J. Robaina from interfering with the
employment of Chief Cokes Watson; to make a bona fide finding of guilt, if appropriate, and
to sanction J. Robina's actions by either public censure and reprimand, forfeiture of salary,
a civil penalty, removal of candidate from ballot, and/or suspension from office and/or
removal from office; and award Chief Watson attorney's fees and costs for the filing and
prosecution of this Complaint.
3. The relevant sections of the Charter of the City of S. Miami are Article II, Sections 7(2) and
9; and Article VI, Sections 1 and 7. Further the relevant Florida Statutes are § §112.311,
112.312, and 112.313. Florida statutes §112.3 11 sets forth the drafter's legislative intent in
relevant part, as follows:
The public interest, therefore, requires that the law protect against any
conflict of interest and establish standards for the conduct of elected
officials and government employees in situations where conflicts may
exist.... It is likewise essential that the people be free to seek redress
of their grievances and express their opinions to all government
officials on current issues and past or pending `legislative and
executive actions at every level of government.... In order to preserve
and maintain the integrity of the governmental process, it is necessary
that the identity, expenditures, and activities of those persons who
regularly engage in efforts to persuade public officials to take specific
actions, either by direct communications with such officials or by
solicitation of others to engage in such efforts, be regularly disclosed
to the people. It is hereby declared that no officer, employee of...a
city... shall have any interest, financial or otherwise, direct or indirect;
engage in any business transaction or professional activity; or incur
any obligation of any nature which is in substantial conflict with the
proper discharge of his or her duties in the public interest.
4. This code of ethics sets forth the standards of conduct required of such officers and
employees and should serve as not only a guide but also as a basis for discipline of those who
violate the provisions of this law.
5. The relevant portion of the City of South Miami Charter which grants this Commission the
authority and duty to investigate is Article II, Section 9 Investigations - which states in
relevant part the following:
Notwithstanding any other provisions of this Charter, the
Commission or its authorized representative or representatives may
make investigation into the affairs of this City and conduct of any
City department, Board, Officer or Agency and for this purpose may
subpoena witnesses, administer oaths, take testimony and require the
production of evidence....
Therefore, this Commission has the duty to investigate the allegations as set forth herein in
order to uphold the validity of the Charter of the City of South Miami.
2
i
i
6. Pursuant to the above authority, the Commission shall investigate the alleged violations of
the City Charter. One of the relevant sections of the City Charter that has been violated is
Article VI, Section 1 - Conflict of Interest, which states in relevant part the following:
The City Commission shall, by ordinance, enact a conflict of interest
ordinance, which shall be at least equal to the standards of conduct
for public officers and employees as set forth in the statutes of the
State o f Florida and, more specifically; denoted as Florida Statutes
112.311through 112.319, inclusive, and shall further set forth the
penalties for violation thereof.
7. Article VI Section 1 states that public officers have the duty to not create a conflict of interest
and the duty to follow the dictates of Florida Statutes, Chapter 112. Robaina has allegedly
violated the dictates of Florida Statutes Chapter 112 and the City Charter.
8. The relevant portions allegedly violated by Robaina of Florida Statute § 112.313(6) & (8) are
as follows:
§ 112. 313(6) - Misuse'ofpublic position - -No public officer, employee
of an agency, or local government attorney shall corruptly use or
attempt to use his or her official position or any property or resource
which may be within his or her trust, or perform his or her official
duties, to secure a special privilege, benefit, or exemption for himself,
herself , or others. This section shall not be construed to conflict with
s. 104.31.
§112.313(8) - Disclosure or use of certain information — No public
officer, employee of an agency, or local government attorney shall
disclose or use information not available to members of the general
public and gained by reason of his or her official position for his or
her personal gain or benefit or for the personal gain or benefit of any
other person or business entity.
9. According to § 112.313(6) and (8), Robaina cannot use his public office, property or resource
within his trust for private political gain, nor can he use any information gained by reason
of his position for personal gain or to benefit other persons. Robaina has allegedly used his
public office for political gain by: Interfering with police operations and administration
within the office structure and out in the streets thereby creating and presenting a substantial
and specific danger to the public's health, safety, or welfare or has committed an act of gross
mismanagement malfeasance misfeasance, gross waste of public funds, or gross neglect of
duty; allegedly improperly accessing personnel records through an agent; and by attempting
to use his political position to influence appointments within the Police Department.
10. Another relevant portion of the City Charter that has been allegedly violated is Article VI,
Section 7 Autonomy, which states in relevant portion that:
Neither the Commission or any of its members shall direct or request
the appointment of any person to or his or her removal from office by
the City Manager or by any of his or her subordinates or in any
manner take part in the appointment or removal of officers or
employees in the administrative service of the City. Except for the
purpose of inquiry, the Commission or any member thereof shall deal
with the administrative service solely through the City Manager and
neither the Commission or any member thereof shall give orders to
any subordinates of the City Manager, either publicly or privately.
This section shall not apply to officers appointed under Article II,
Section 7 of this Charter.
11. Robaina attempted to improperly influence the appointment of police officers up to and
including the Chief of Police. On one occasion, Robaina personally handed a resume to a
City Manager for the appointment of Police Chief, all in violation in the City Charter.
Alternatively, Robaina attempted to improperly prohibit the appointment of a candidate for
Chief of Police.
ATTORNEY'S FEES AND COSTS
12. Chief Watson is need of an attorney to represent him in this matter. The City Attorney has
a clear conflict of interest and must represent his client, the City of South Miami.
13. According to Florida Statute §112.313(16)(c) - No local government attorney ... shall
represent a private individual or entity before the unit of local government to which the local
government attorney provided legal services....
14. According to the City Charter, Article H, Section 7(2):
The City Attorney acts as legal advisor for the municipality and all of
its officers in matters relating to their official powers and duties.
When required by the Commission, he or she shall prosecute and
defend, for and in behalf of the City, all complaints, suits, and
controversies in which the City is a party before any Court or other
legally constituted tribunal; he or she shall render such opinions on
legal matters affecting the City as the Commission may direct; and he
or she shall perform such other professional duties as may be required
by him or her by Ordinance or Resolution of the Commission or by
this Charter.
4
Chief Cokes Watson. Chief Cokes Watson, while acting in his official capacity as Chief of
Police, is in need of attorney to protect his official actions and position as Chief of Police.
16. According to Florida Case law, Chief Watson has a right to an attorney who is to be
compensated by the City of S. Miami. Lomelo v. City of Sunrise, 423 So.2d 974 (Fla.4th
DCA 1982), sets forth the rule that public officers are entitled to defense at public expense
in lawsuit arising from performance of officer's official duty, and the rationale behind, apply
as well to prepayment as topostpayrnent. Therefore, Chief Watson is requesting that his
attorney be compensated according to law for her time. A separate Petition for Attorney's
fees and Costs will be filed.
WHEREFORE, it is respectfully requested that the City Commission of South Miami:
A) Appoint an independent investigator to immediately investigate this matter to determine if
there is probable cause to investigate this matter and if probable cause is determined to exist,
to make findings of fact, recommendations and suggested corrective actions;
B) Issue an order prohibiting J. Robaina from interfering with the administration of the Police
Department;
C) Issue an order prohibiting J. Robaina from interfering with the employment of Chief Cokes
Watson as Chief of Police of the City of South Miami;
D) Once a recommended order is entered by the investigator, if made, to make a bona fide
finding of guilt, if appropriate, and sanction J. Robaina's actions by either public censure and
reprimand, and/or suspension from office and/or removal from office, or by any other means
it sees fit and just under the circumstances; and
E) Award a prepayment of attorney's fees and costs for the counsel(s) of Chief Watson for the
filing and prosecution of this Complaint.
VERIFICATION
Under the penalty of perjury, I declare that I have read the foregoing document and that the
facts stated in it are true to the best of y kn wledge and belief.
BY:
POLICE CHIEF COKES WAff59
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a copy of this Complaint has been served on the City Clerk, the
City Attorney for the City of South Miami, and on each and every member of the City Counsel at
or before the City Commissioner's meeting of January 20, 1998.
Respectfully submitted,.
INGER M. GARCIA, ESQ.
LAW OFFICE OF INGER GARCIA
155 S. Miami Avenue; PH1
Miami, Florida 33130
Phone: (305) 373 -3932
Fax: (305) 373 -8132
Florida Bar No.: 0106917
L
6
,
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hl�-e-�
BEFORE THE CITY OF SOUTH MIAMI
COMMISSION PURSUANT TO THE
CITY CHARTER ARTICLE II, SECTION 9
CHIEF COKES WATSON
COMPLAINT NO.:
Petitioner,
V.
JULIO ROBAINA
Respondent.
COMPLAINT OF ETHICS VIOLATION
AGAINST JULIO ROBAINA, A PUBLIC OFFICIAL
Chief Watson, by and through the undersigned counsel, files this Complaint of Ethics
Violation Against Julio Robaina ( hereinafter known as "Robaina" or "J. Robaina ") a Public Official,
and for cause states the following:
1. The City Charter of the City of South Miami pursuant to Article II, Section 9 grants this
Commission the power and duty to investigate any alleged violations of the City Charter.
Julio Robaina, a public officer and member of the board of Commissioners, has allegedly
violated the City Charter in numerous instances including but not limited to: creating a
conflict of interest, misuse of public position, and disclosure or use of certain information,
all in violation of either the City Charter or Florida Statutes, Chapter 112. The facts
materially related to the complaint at issue are set forth herein below and/or will be supplied
to the investigator appointed to handle this Complaint.
2. It is requested that this Commission, either by Resolution or Motion, appoint an independent
investigator to determine if there is probable cause to investigate this matter; and if probable
cause is determined, to investigate this matter, and have the investigator prepare a
recommended order containing findings of fact and possible corrective actions; and upon
finding of violations of Charter, if any, to award sanctions including: the issuance of an
order prohibiting J. Robaina from interfering with the administration of the Police
Department; the issuance of an order prohibiting J. Robaina from interfering with the
employment of Chief Cokes Watson; to make a bona fide finding of guilt, if appropriate, and
to sanction J. Robina's actions by either public censure and reprimand, forfeiture of salary,
a civil penalty, removal of candidate from ballot, and/or suspension from office and/or
removal from office; and award Chief Watson attorney's fees and costs for the filing and
prosecution of this Complaint.
3. The relevant sections of the Charter of the City of S. Miami are Article II, Sections 7(2) and
9; and Article VI, Sections l and 7. Further the relevant Florida Statutes are §§ 112.311,
112.312, and 112.313. Florida statutes §112.311 sets forth the drafter's legislative intent in
relevant part, as follows:
The public interest, therefore, requires that the law protect against any
conflict of interest and establish standards for the conduct of elected
officials and government employees in situations where conflicts may
exist.... It is likewise essential that the people be free to seek redress
of their grievances and express their opinions to all government
officials on current issues and past or pending legislative and
executive actions at every level of government.... In order to preserve
and maintain the integrity of the governmental process, it is necessary
that the identity, expenditures, and activities of those persons who
regularly engage in efforts to persuade public officials to take specific
actions, either by direct communications with such officials or by
solicitation of others to engage in such efforts, be regularly disclosed
to the people. It is hereby declared that no officer, employee of...a
city... shall have any interest, financial or otherwise, director indirect;
engage in any business transaction or professional activity; or incur
any obligation of any nature which is in substantial conflict with the
proper discharge of his or her duties in the public interest.
4. This code of ethics sets forth the standards of conduct required of such officers and
employees and should serve as not only a guide but also as a basis for discipline of those who
violate the provisions of this law.
5. The relevant portion of the City of South Miami Charter which grants this Commission the
authority and duty to investigate is Article II, Section 9 - Investigations - which states in
relevant part the following:
Notwithstanding any other provisions of this Charter, the
Commission or its authorized representative or representatives may
make investigation into the affairs of this City and conduct of any
City department, Board, Officer or Agency and for this purpose may
subpoena witnesses, administer oaths, take testimony and require the
production of evidence....
Therefore, this Commission has the duty to investigate the allegations as set forth herein in
order to uphold the validity of the Charter of the City of South Miami.
2
6. Pursuant to the above authority, the Commission shall investigate the alleged violations of
the City Charter. One of the relevant sections of the City Charter that has been violated is
Article VI, Section 1 - Conflict of Interest, which states in relevant part the following:
The City Commission shall, by ordinance, enact a conflict of interest
ordinance, which shall be at least equal to the standards of conduct
for public officers and employees as set forth in the statutes of the
State o f Florida and, more specifically, denoted as Florida Statutes
112.311through 112.319, inclusive, and shall further set forth the
penalties for violation thereof.
7. Article VI Section 1 states that public officers have the duty to not create a conflict of interest
and the duty to follow the dictates of Florida Statutes, Chapter 112. Robaina has allegedly
violated the dictates of Florida Statutes Chapter 112 and the City Charter.
8. The relevant portions allegedly violated by Robaina of Florida Statute § 112.313(6) & (8) are
as follows:
§ 112.313(6) - Misuse ofpublic position —No public officer, employee
of an agency, or local government attorney shall corruptly use or
attempt to use his or her official position or any property or resource
which may be within his or her trust, or perform his or her official
duties, to secure a special privilege, benefit, or exemption for himself,
herself or others. This section shall not be construed to conflict with
s 104.3!1.
§112.313(8) - Disclosure or use of certain information = No public
officer, employee of an agency, or local government attorney shall
disclose or use information not available to members of the general
public and gained by reason of his or her official position for his or
her personal gain or benefit or for the personal gain or benefit of any
other person or business entity.
9. According to § 112.313(6) and (8), Robaina cannot use his public office, property or resource
within his trust for private political gain, nor can he use any information gained by reason
of his position for personal gain or to benefit other persons. Robaina has allegedly used his
public office for political gain by: Interfering with police operations and administration
within the office structure and out in the streets thereby creating and presenting a substantial
and specific danger to the public's health, safety, or welfare or has committed an act of gross
mismanagement malfeasance misfeasance, gross waste of public funds, or gross neglect of
duty; allegedly improperly accessing personnel records through an agent; and by attempting
to use his political position to influence appointments within the Police Department.
10. Another relevant portion of the City Charter that has been allegedly violated is Article VI,
Section 7 - Autonomy, which states in relevant portion that:
Neither the Commission or any of its members shall direct or request
the appointment of any person to or his or her removal from office by
the City Manager or by any of his or her subordinates or in any
manner take part in the appointment or removal of officers or
employees in the administrative service of the City. Except for the
purpose of inquiry, the Commission or any member thereof shall deal
with the administrative service solely through the City. Manager and
neither the Commission or any member thereof shall give orders to
any subordinates of the City Manager, either publicly or privately.
This section shall not apply to officers appointed under Article II,
Section 7 of this Charter.
11. Robaina attempted to improperly influence the appointment of police officers up to and
including the Chief of Police. On one occasion, Robaina personally handed a resume to a
City Manager for the appointment of Police Chief, all in violation in the City Charter.
Alternatively, Robaina attempted to improperly prohibit the appointment of a candidate for
Chief of Police.
ATTORNEY'S FEES AND COSTS
12. Chief Watson is need of an attorney to represent him in this matter. The City Attorney has
a clear conflict of interest and must represent his client, the City of South Miami.
13. According to Florida Statute §112.313(16)(c) - No local government attorney ... shall
represent a private individual or entity before the unit of local government to which the local
government attorney provided legal services....
14. According to the City Charter, Article II, Section 7(2):
The City Attorney acts as legal advisor for the municipality and all of
its officers in matters relating to their official powers and duties.
When required by the Commission, he or she shall prosecute and
defend, for and in behalf of the City, all complaints, suits, and
controversies in which the City is a party before any Court or other
legally constituted tribunal; he or she shall render such opinions on
legal matters affecting the City as the Commission may direct; and he
or she shall perform such other professional duties as may be required
by him or her by Ordinance or Resolution of the Commission or by
this Charter.
4
15. There are three potential parties to this complaint: The City of South Miami, J. Robaina and
Chief Cokes Watson. Chief Cokes Watson, while acting in his official capacity as Chief of
Police, is in need of attorney to protect his official actions and position as Chief of Police.
16. According to Florida Case law, Chief Watson has a right to an attorney who is to be
compensated by the City of S. Miami. Lomelo v. City of Sunrise, 423 So.2d 974 (Fla.4th
DCA 1982), sets forth the rule that public officers are entitled to defense at public expense
in lawsuit arising from performance of officer's official duty, and the rationale behind, apply
as well to prepayment as to postpayment. Therefore, Chief Watson is requesting that his
attorney be compensated according to law for her time. A separate Petition for Attorney's
fees and Costs will be filed.
WHEREFORE, it is respectfully requested that the City Commission of South Miami:
A) Appoint an independent investigator to immediately investigate this matter to determine if
there is probable cause to investigate this matter and if probable cause is determined to exist,
to make findings of fact, recommendations and suggested corrective actions;
B) Issue an order prohibiting J. Robaina from interfering with the administration of the Police
Department;
C) Issue an order prohibiting J. Robaina from interfering with the employment of Chief Cokes
Watson as Chief of Police of the City of South Miami;
D) Once a recommended order is entered by the investigator, if made, to make a bona fide
finding of guilt, if appropriate, and sanction J. Robaina's actions by either public censure and
reprimand, and/or suspension from office and/or removal from office, or by any other means
it sees fit and just under the circumstances; and
E) Award a prepayment of attorney's fees and costs for the counsel(s) of Chief Watson for the
filing and prosecution of this Complaint.
VERIFICATION
Under the penalty of perjury, I declare that I have read the foregoing document and that the
facts stated in it are true to the best of y kn wledge and belief.
BY:
POLICE CHIEF COKES W
W
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a copy of this Complaint has been served on the City Clerk, the
City Attorney for the City of South Miami, and on each and every member of the City Counsel at
or before the City Commissioner's meeting of January 20, 1998.
Respectfully submitted,
1NGER M. GARCIA, ESQ.
LAW OFFICE OF INGER GARCIA
155 S. Miami Avenue; PHI
Miami, Florida 33130
Phone: (305) 373 -3932
Fax: (305) 373 -8132
Florida Bar No.: 0106917
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