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09-01-98........................... MAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: September 1, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: September 15, 1998 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLORIDA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. 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): ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - August 18, 1998 2. City Manager's Report: 3. City Attorney's Report: REGIILAR CITY COMMISSION 1 AGENDA - September 1, 1998 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HEALTH FACILITIES AUTHORITY; APPOINTING LEON VALENTINE AND RE- APPOINTING BARBARA ACKER TO SERVE FOR FOUR YEAR TERMS ENDING SEPTEMBER 1, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REGULAR PENSION BOARD; APPOINTING EMPLOYEE REPRESENTATIVE GREG ORAVEC TO SERVE FOR AN UNEXPIRED TERM ENDING MARCH 4, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY RELATIONS BOARD; APPOINTING JAIRO A. MURCIA, FRED TRUBY AND J.A. ENDERLE; TERMS SHALL EXPIRE MARCH 1, 2000 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, NO. 243 -98- 10511, RATIFYING TF CITY COMMISSION ON AUGUST 18, EFFECTIVE DATE. (Mayor Robaina) CITY COMMISSION OF THE RELATING TO RESOLUTION IE ACTIONS TAKEN BY THE 1998; PROVIDING FOR AN 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESOLUTION NO. 244 -98- 10512, RATIFYING THE ACTIONS TAKEN BY THE CITY COMMISSION ON AUGUST 18, 1998; PROVIDING FOR AN EFFECTIVE DATE. (Mayor Robaina) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, NO. 245 -98- 10513, RATIFYING Ti CITY COMMISSION ON AUGUST 18, EFFECTIVE DATE. (Mayor Robaina) 10. A RESOLUTION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, REGULAR CITY COMMISSION 2 AGENDA - September 1, 1998 CITY COMMISSION OF THE RELATING TO RESOLUTION IE ACTIONS TAKEN BY THE 1998; PROVIDING FOR AN 3/5 CITY COMMISSION OF THE RELATING TO CONSULTANT FEES, AUTHORIZING PAYMENT CORZO, CASTELLA, CARBALLO, THOMPSON & SALMAN IN THE AMOUNT OF $4,308.48 WITH DISBURSEMENT PAID FROM ACCOUNT 02100- 519 -9920, GENERAL CONTINGENCY. (Administration) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROFESSIONAL SERVICES; APPROVING FUNDING FOR A PROFESSIONAL SERVICES CONTRACT TO THE CONSULTING GROUP IN AN AMOUNT NOT EXCEEDING $5,000.00 FROM ACCOUNT NUMBER 001- 2100 -519- 9920, NON - DEPARTMENTAL GENERAL CONTINGENCY. (Administration) 3/5 12. 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 $3,734.71 CHARGING $620.00 TO ACCOUNT NO. 608 - 1910 -521- 3100, PROFESSIONAL SERVICES AND CHARGING THE REMAINDER TO ACCOUNT NO, 1500 -3410, CONSULTING - LEGAL; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES; APPROVING FUNDING FOR A CONSULTING -LABOR CONTRACT TO THE FIRM OF WEISS, SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A.; IN AN AMOUNT NOT EXCEEDING $7,500.00 FROM ACCOUNT NUMBER 001 - 1500 - 514 -3440 CONSULTING- LABOR. (Administration) 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,725 FOR THE REPAIR OF THE PUBLIC WORKS WIRELESS CONNECTION LINK TO THE COMPUTER NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2100 - 519 -6430 OPERATING EQUIPMENT. (Administration) 3/5 ORDINANCE(S) SECOND READING PUBLIC HEARING (S) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE REGULAR CITY COMMISSION 3 AGENDA - September 1, 1998 FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; RESERVING TO THE CITY THE POWER TO REVOKE FRANCHISES; PROVIDING FOR NON - TRANSFERABILITY OF FRANCHISE, LIMITATION OF CONTRACT, APPLICATION PROCEDURE, FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, CITY MANAGER TO PROMULGATE REGULATIONS, SCHEDULES AND ROUTES, AND TERMINATION; REPEALING SECTION 11 -1, DEFINITIONS, AND SECTION 11 -3, PERMIT REQUIRED FOR COLLECTION, TRANSPORT AND DISPOSAL; RETAINING SECTION 11 -2, COLLECTION BY THE CITY; RENUMBERING SECTIONS 11 -4 THROUGH 11 -11; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading - August 4, 1998 - deferred from August 18, 1998) (Administration /Public Works) 3/5 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (1st Reading - August 4, 1998) (Administration /P &Z) 4/5 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (August 4, 1998) (Administration /P &Z) 4/5 RESOLUTION (S) PUBLIC HEARING (S) There are none RESOLUTION (S) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE PROPOSED SOUTH FLORIDA MILITARY MUSEUM AND MEMORIAL; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 4 AGENDA - September 1, 1998 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT CONTRACT, AUTHORIZING THE CITY ADMINISTRATION TO EXTEND A CONTRACT WITH DON DELANEY, DBA, SDI, INC., ON A RETAINER BASIS, UNDER TERMS APPROVED BY RESOLUTION #30- 97- 10001, FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY REDEVELOPMENT AGENCY (CRA) PROGRAM IMPLEMENTATION, TAX INCREMENT FINANCING, GRANT WRITING AND LOBBYING SERVICES RELATED TO CRA, AND OTHER ACTIVITIES RELATED TO THE CITY OF SOUTH MIAMI CRA AT A MONTHLY RETAINER FEE OF $9,600 PER MONTH BEGINNING SEPTEMBER 1998. THE EXPENDITURE WILL BE PAID FROM ACCOUNT #001- 0000 - 132.15.00, "CRA PREPAID EXPENSES." (Administration) 3/5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANTS; PROVIDING FOR SEED MONEY FUNDING OF THE EDUCATION, EMPLOYMENT AND EMPOWERMENT PROGRAM OF THE WOUNDED HEALERS, INC., APPROVING FUNDING IN AN AMOUNT NOT EXCEEDING $5,000.00 FROM ACCOUNT NUMBER 001- 2100 -519- 9920, NON - DEPARTMENTAL GENERAL CONTINGENCY. (Commissioner Feliu) 3/5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 1997 -98 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV (1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 1998, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. (Administration) 3/5 ORDINANCE (S) FIRST READING 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2- 26.6(A) OF THE CODE OF ORDINANCES; PROVIDING FOR INCREASE IN MEMBERSHIP; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 5 AGENDA - September 1. 1998 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION ". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 6 AGENDA - September 1, 1998 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 8/28/98 AGENDA ITEM# FROM: Charles D. Scurr fcoo Comm. Mtg. 9/1/98 City Manager Appointments to the Health Facilities Authority The attached resolution is sponsored by Mayor Julio Robaina and appoints members to the Health Facilities Authority. The appointments will expire September 1, 2002. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HEALTH FACILITIES AUTHORITY; APPOINTING LEON VALENTINE AND RE- APPOINTING BARBARA ACKER TO SERVE FOR FOUR YEAR TERMS ENDING SEPTEMBER 1, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Leon Valentine and re- appoint Barbara Acker to serve on the Health Facilities Authority until September 1, 2002 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Leon Valentine and re- appoints Barbara Acker to serve on the Health Facilities Authority. Section 2. The expiration date of those appointments shall expire September 1, 2002 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: , 1998. COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: ktq;r19i1998 13:41 9954760 FACILIT'r' LIAISON PAGE 02 19 CITY OF SOiJT q WWI 6130 Sunset Drive South Miami.. rL 33143 Ph (3D5) 663Y-6340 Fax (305) 663 -6348 CITY BOARD /COWTTEN APPLICATION piease print) 2. liomeAddrasts / cJ.— a � e oft 3. �usineas�+ o N i / _ 4. Rustnesa Address %4% /V' + � •' , 5�" 5. Home Phone�cs Business Phoned 6. Educational Background JUA 44 ge t4114."" 7. Community services �t der* e� ,i-�►e .��„i4 e.l�,,,t' t�etai�'.Fx�.,� i4C,�.�, �o�+,,..: t-Ir�� 8. Are you a registered voter? Yes No 9. Are you a, resident of the City? Yes No 10. Do you have a business in the City? Yes -- V0 Signature A*t.. ze-4ta.. pate f lflf "somen wxzz jum^jw oo Pzzx Pox ax$ reAR 91 08/18/1998 14:13 3056657222 B ACE EP �J CITY OF SOUTH MIAMI 6130 sunset Drive South Miami, FL 33143 Ph (305) 663-6340 Fax (305) 663-6348 CITY BOARD /COXMi'i''TZZ APPLICATION PAGE 01 11 Name AP1 6A-C AA c X- (p ease print) 21 NomeAddress �7 t,� F3 �'rQt� 7- _ 3. Business 4. Business Address S:.4 /",c 5. Rome Phone ,- Za � Sueiness Phone 6. Educational Background 7. Community services a. Are you a registered voter? yeg No 9. Are yoU a resident bf the city? Yes 10. Do you have a business in than City? xee_ No V ' J / Signature- t.�v�'.l. =,tt k "'goo Ng ;►rr.Z SMAXIf O!l rILL MR CWR YZAR TO: Mayor and City Commission DATE: 8/28/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1/98 City Manager Appointments to the Regular Pension Board The attached resolution is sponsored by Mayor Julio Robaina and appoints Greg Oravec, employee representative to the Regular Pension Board to fill the unexpired vacated by William Mackey. This appointment will expire March 4, 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REGULAR PENSION BOARD; APPOINTING EMPLOYEE REPRESENTATIVE GREG ORAVEC TO SERVE FOR AN UNEXPIRED TERM ENDING MARCH 4, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Mr. Greg Oravec to serve on the Regular Pension Board filling the unexpired term vacated by former Planning Director William Mackey. This appoint shall expire March 4, 1999 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Mr. Greg Oravec to serve on the Regular Pension Board. Section 2. The expiration date of this appointment shall expire March 4, 1999 or until a successor is duly appointed and qualified. 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 COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663-6340 Fax (305) 663-6348 CITY BOARD/COMMITTEE APPLICATION 1. Name (please print) 2. HomeAddress /1 "'IN 3. Business g uT\4 M i Am 4. Business Address (f" C- 5. Home Phone 67 J' -Business Phone 6. Educational Background 7. Community Services NONE 8. Are you a registered voter? Yes No 9. Are,you a resident of the City? Yes No 10. Do you have a business in the City? , Yes No Signature Date RESUMES WILL REMAIN ON FILE FOR ONE YEAR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr City Manager i fa� DATE: 8/28/98 AGENDA ITEM # Comm. Mtg. 9/1/98 Appointments to the CRB The attached resolution is sponsored by Mayor Julio Robaina and appoints members to the Community Relations Board. A majority of the appointees demonstrated an interest in serving on this Board by attending a two -day workshop conducted by the Department of Justice. One of the recommendations from the Miami -Dade County Community Relations Board [CRB] was for the City to establish its own CRB. Ordinance No. 11 -98- 1659 brought to pass the re- establishment of the City of South Miami Community Relations Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY RELATIONS BOARD; APPOINTING JAIRO A. MURCIA, FRED TRUBY AND J.A. ENDERLE; TERMS SHALL EXPIRE MARCH 1, 2000 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98 -1659 re- established the Community Relations Board [CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Jairo A. Murcia, Fred Truby and J.A. Enderle to serve on the Community Relations Board. Section 2. The expiration date of those appointments shall expire March 1, 2000 or until a successor is duly appointed and qualified. 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 *As amended 8/18/98 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: qtiCVAI�' e (LI 11;� CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEL APPLICATION 1. Name r o �- C , 's' (please print)c� 2. HomeAddress ' , S\,j � 3. Business Cr`1•� �A� 4. Business Address 5. Home Phone 66� �4�5 Business Phone 74" 6. Educational Background r_ 7. Community Services ' ,As } Nltsc. 8. Are you a egistered voter? Yes No 9. Are you a esident of the City? Yes No 10. Do you business in the City? Yes No Signature Date RESUMES WILL REMAIN ON FILE FOR ONE YEAR 1. May -14 -98 10:18A city mgi^ south miami /f 305 663 6345 P.02 CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. Name . -w 2. HomeAddress 3. Business 4. 5. 6. 7. Ph (305) 663 -6340 Fax (305) 663 -6348 CITY HOARD /COMMITTEE APPLICATION (please print) 1 //, , Business Address � N IVR& / % • 3 / 3 6 Home Phone �62 z(S q Business Phone "/ r 3 o3S Edu tlpnptl Background S. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do youji. yve,-a-4m64ness in the City? Yes No Signature Date s % ASSUMES WILL REMAIN ON FILE FOR ONE YEAR Aalh,6 CITY OF SOUTH MMMI 6130 Sunset Drive Ph (305) 663 -6340 Sputh Miami., FL 33143 Fax (305) 6636348 CITY HOARD /COMMITTEE APPLICATION 1. Name (please print) 7. 8. Are you ai registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes I% No Signature bate RESUMES WILL REMAIN ON FILE FOR ONE' YEAR r 7 O CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 8/28/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1/98 City Manager Ratifying Actions of the City Commission at the August 18, 1998 Commission Meeting. The attached resolution sponsored by Mayor Julio Robaina ratifies actions taken by the City Commission at the August 18, 1998 City Commission meeting where Resolution No. 243 -98 -10511 was placed on the official agenda and subsequently adopted. At the August 18, 1998 Commission meeting the official agenda was amended and inadvertently a vote by a majority of the Commission was not taken as required by the City of South Miami Code of Ordinances. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESOLUTION NO. 243 -98- 10511, RATIFYING THE ACTIONS TAKEN BY THE CITY COMMISSION ON AUGUST 18, 1998; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS at the August 18, 1998 City Commission the official agenda was amended to add a resolution relating to the annual budget; directing salary and benefit study; and WHEREAS, this item was inadvertently placed on the Official Agenda without a majority vote of the City Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The adoption of Resolution No. 243 -98 -10511 by official action of the City Commission at its August 18, 1998 is hereby ratified. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 1st day of September , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Feliu: Commissioner Bethel: RESOLUTION NO. 243-98-10511 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO THE ANNUAL BUDGET; DIRECTING SALARY AND BENEFIT STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami are responsible for approving a fiscally sound annual budget for the city; and, WHEREAS, the Mayor and City Commission of the City of South Miami are responsible for setting salaries and benefits for city officials and approving salaries and benefits for department directors; and, WHEREAS, the Mayor and City Commission desire to set, or to approve, salaries and benefits at levels which are competitive with comparable cities in Miami -Dade County for the purposes of attracting, retaining and giving incentives to key officials and employees. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is directed to prepare, or cause to be prepared, an analysis, report and recommendations to the Mayor and City Commission on competitive salary and benefit levels for the City Manager, City Attorney, City Clerk and department directors. The analysis will consider relevant characteristics of other cities and positions, including, but not limited to, population and responsibilities, to make the analysis as useful as possible. The report shall identify relevant similarities and dissimilarities. The report and recommendations shall be presented to the Mayor and City Commission by December 15, 1998. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 18 day of August , 1998. ATT T: r— CITY CLERK —(JT READ AND APPROVED AS TO FORM: _.� 7 d MA OR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Bethel: Commissioner Russell: Commissioner Feliu: 5 -0 Yea Yea Yea Yea Yea Underscored words constitute the amendment proposed. Overstruck words are deleted. Remaining provisions are now in effect and remain unchanged. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 8/28/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1/98 City Manager Ratifying Actions of the City Commission at the August 18, 1998 Commission Meeting. The attached resolution sponsored by Mayor Julio Robaina ratifies actions taken by the City Commission at the August 18, 1998 City Commission meeting where Resolution No. 244 -98 -10512 was placed on the official agenda and subsequently adopted. At the August 18, 1998 Commission meeting the official agenda was amended and inadvertently a vote by a majority of the Commission was not taken as required by the City of South Miami Code of Ordinances. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESOLUTION NO. 244 -98- 10512, RATIFYING THE ACTIONS TAKEN BY THE CITY COMMISSION ON AUGUST 18, 1998; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS at the August 18, 1998 City Commission the official agenda was amended to add a resolution authorizing the city manager to disburse the sum of $7,820.97 to Dell Marketing L.P. for the purchase of computer equipment for the public works department and charging the disbursement to Account No. 504 -1500- 514 -6430 Self - Insurance- Operating Equipment; and WHEREAS, this item was inadvertently placed on the Official Agenda without a majority vote of the City Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The adoption of Resolution No. 244 -98 -10512 by official action of the City Commission at its August 18, 1998 is hereby ratified. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 1st day of September , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Feliu: Commissioner Bethel: RESOLUTION NO. 244-98-10512 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $7,820.97 TO DELL MARKETING L.P. FOR THE PURCHASE OF COMPUTER EQUIPMENT FOR THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 504- 1500 -514- 6430, "SELF- INSURANCE - OPERATING EQUIPMENT ". WHEREAS, the City of South Miami Public Works Department has a ongoing need to generate documentation, including Commission Agenda items, memoranda, and reports, and; WHEREAS, a recent burglary at the Public Works office resulted in the theft of virtually all of the Department's computer equipment and the facsimile machine, and; WHEREAS, the absence of this equipment severely limits the Department's ability to perform its administrative functions. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained the following quote from a local computer vendor based on the State Contract No. 250- 040 -96 -1: Computers /Printers 4 Dell Optiplex computers $6,594.00 3 HP laserjet printers $1,226.97 TOTAL: $7,820.97 Section 2. The City Manager be, and is hereby authorized to disburse the sum of $7,820.97 to Dell Marketing L.P. Section 3. That this resolution shall be effective immediately after adoption thereof. Page 2 of Res. #244 -98 -10512 PASSED AND ADOPTED this 18TH day of August, 1998. ATTEST: /t�' ITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR ' COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Bethel: Commissioner Feliu: .Commissioner Russell: 5 -0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission FROM: Charles D. Scurr City Manager f-1 DATE: August 18, 1998 RE: Agenda Item # (I Approval of expenditure for the purchase of computer equipment for the Public Works Department The attached resolution seeks approval for the purchase of four personal computers and three printers for the Public Works Department. These items were stolen during a burglary which occurred on or about August 13, 1998. The total amount of the purchase is $7,820.97. Public Works has a daily need to prepare numerous documents, including memoranda, reports, and resolutions. The Department also interacts extensively with other City offices through the use electronic mail transmissions. As in any busy administrative office, the use of personal computers throughout the day is essential. Dell Marketing L.P. is the vendor who will provide the computers and printers through state contract no. 250- 040 -96 -1. Funding for this disbursement will come fi-om Account No. 504 -1500- 514 -6430, "Self - Insurance - Operating Equipment ". Approval of this expenditure is recommended. Attachments CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 8/28/98 AGENDA ITEM #� FROM: Charles D. Scurr Comm. Mtg. 9/1/98 City Manager Ratifying Actions of the City Commission at the August 18, 1998 Commission Meeting. The attached resolution sponsored by Mayor Julio Robaina ratifies actions taken by the City Commission at the August 18, 1998 City Commission meeting where Resolution No. 245 -98 -10513 was placed on the official agenda and subsequently adopted. At the August 18, 1998 Commission meeting the official agenda was amended and inadvertently a vote by a majority of the Commission was not taken as required by the City of South Miami Code of Ordinances. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESOLUTION NO. 245 -98- 10513, RATIFYING THE ACTIONS TAKEN BY THE CITY COMMISSION ON AUGUST 18, 1998; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS at the August 18, 1998 City Commission the official agenda was amended to add a resolution supporting the Shops At Sunset Place application to Enterprise Florida and the Governor of Florida to create a job- training center, targeting welfare to work participants from South Miami; and WHEREAS, this item was inadvertently placed on the Official Agenda without a majority vote of the City Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The adoption of Resolution No. 245 -98 -10513 by official action of the City Commission at its August 18, 1998 is hereby ratified. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 1st day of September , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Feliu: Commissioner Bethel: RESOLUTION NO. 248--9-8--10513 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE SHOPS AT SUNSET PLACE APPLICATION TO ENTERPRISE FLORIDA AND THE GOVERNOR OF FLORIDA TO CREATE A JOB - TRAINING CENTER, TARGETING WELFARE TO WORK PARTICIPANTS FROM SOUTH MIAMI. WHEREAS, the main priority of the Mayor and City Commission members is to provide the residents of South Miami with satisfactory city services; and WHEREAS, the Mayor and Commission members strongly encourage the business sector to help provide our citizens with employment opportunities and business ventures; and WHEREAS, the Shops At Sunset Place will generate 2,100 permanent jobs, both full and part -time; and WHEREAS, the Shops At Sunset Place will train, perform job placement, offer advance training and a business assist program; and WHEREAS, the Shops At Sunset Place seek to hire more than 300 WAGES participants in permanent positions. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission endorse the Shops At Sunset Place commitment to our community by supporting their application to Enterprise Florida and the Governor of the great State of Florida, to create a job- training center, targeting welfare to work participants from our community. Section 2. This endorsement will further help the on- going efforts of this Commission and help address the basic needs of our unemployed citizens. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 1811' day of August, 1998. ATTEST: APPROVED: i CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Oliveros:Yea Commissioner Feliu: Yea Commissioner Bethel:Yea Commissioner Russell:Yea CITY OF SOUTH MIAMI Nwlw� INTER- OFFICE MEMORANDUM To: Mayor and Commission Date: August 14, 1998 Agenda Item # From: Charles Scurr Subject: Comm. Mtg. 8/18/98 City Manager Payment to C3TS The attached resolution approves payment to Corzo, Castella, Carballo, Thompson & Salman for services related to technical assistance provided by C3TS in the form of review of the proposals for the Mixed Use Development/Parking Garage. C3TS staff provided review, recommendations and attended several Parking Committee meetings during the review process. The invoices were submitted in a timely manner, but were held by the former City Manager when received in September 1997. The invoices were discovered after C3TS forwarded a reminder. The total payment due is $4,308.48 and is to be paid from account # 2100 - 519 -9920, General Contingency. The balance in that account is currently $27,891.52. Deputy City Manager was involved with this project and present at meetings with C3TS during this process, and assures me that the services were provided as requested by City Manager Whitt. I recommend that the City pay C3TS for these services provided in good faith to the City several months ago. 1 2 RESOLUTION NO. 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT FEES, 5 AUTHORIZING PAYMENT TO CORZO, CASTELLA, CARBALLO, THOMPSON 6 & SALMAN IN THE AMOUNT OF $4,308.48 WITH DISBURSEMENT PAID FROM ACCOUNT # 2100 -519 -9920, General Contingency. 9 WHEREAS, the Engineering and Architectural firm, Corzo, Castella, Thompson & Salman 10 was approved by the city Commission as a consultant for the city; and 11 12 WHEREAS, administration selected Corzo, Castella, Carballo, Thompson and Salman to 13 provide these services through the review and selection process; for the Multiuse Development /Parking 14 Garage RFP; and 15 16 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 17 THE CITY OF SOUTH MIAMI, FLORIDA: 18 19 Section 1. The City Commission hereby authorizes the City Manager to disburse payment to 20 Corzo, Castella, Carballo, Thompson and Salman in the amount of $4,308.48 for professional services 21 rendered, relating to the Sunset Drive Improvement Project, from account # 2100 -519 -9920. 22 23 Section 2. This resolution shall take effect immediately upon approval. 24 25 26 PASSED AND ADOPTED this day of 1998. 27 28 29 ATTEST: APPROVED: 30 31 32 CITY CLERK MAYOR 33 34 35 READ AND APPROVED AS TO FORM: 36 37 38 39 CITY ATTORNEY INVOICE FOR PROFESSI � 901 Ponce de Leon Blvd o Swte '900 ' • �CoraC • •' • ��nc' °'i �r "%snnntaonn � 14 -n�%t7 ��_ t' ...s � Engineers pPacsmile��30S'445 `EB0005022..- AAC002142 Project 1929 -03 RFP for Multiuse 01 - Technical A; City of South Miami Building ONAL SERVICES Invoice number 5787 August 31, 1997 Page number 1 Development /Parking Garage 3sistance Dept. 6130 Sunset Drive F> South Miami, F1 33143 Mr. L. Dennis Whitt, City Mgr. Professional Services For technical assistance provided in connection with the City's request for proposal for Multiuse Development /Parking Garage. Services provided during the weeks ending on the dates shown below: Professional Services Hours Rate Amount --------------- - - - - -- - - - - - -- - - - - -- ---- - - - - -- PRINCIPAL Equal Opportunity Employer Jorge E. Corzo, P.E. MEETINGS 8 -10 -97 Staff Meeting 4.00 80.00 320.00 8 -10 -97 Hometown Parking Committee 3.00 80.00 240.00 8 -24 -97 1.50 80.00 120.00 PROJECT MANAGEMENT 8 -24 -97 1.50 80.00 120.00 BID TABULATION & EVALUATIONS 8 -10 -97 5.00 80.00 400.00 8 -17 -97 3.00 80.00 240.00 Javier F. Salman, R. A. MEErP-rNGS 8 -10 -97 Draft Presentation to Staff 2.00 80.00 160.00 8 -10 -97 2.00 80.00 160.00 8 -24 -97 Presentation to Parking Committee 1.50 80.00 120.00 8 -31 -97 Presentation to Parking Committee 1.00 80.00 80.00 PROJECT COORDINATION 8 -17 -97 1.50 80.00 120.00 REPORTS & STUDIES 8 -10 -97 14.00 80.00 1,120.00 8 -24 -97 Revised information for evaluation 11.00 80.00 880.00 8 -31 -97 Meeting Coord. .50 80.00 40.00 Equal Opportunity Employer INVOICE FOR PROFESSIONAL SERVICES • 901 'once de` Leon Blvd , Suiti J `; • • oral Gables, Blorida ; 3 _305.445 -.0 2900 1,:800.448. Engineers Facsimile 30$ 445 3366 �" m Invoice number 5787 ArChitectS EB0005022- AAC002142 , - August 31, 1997 Pa n n e r 5 ._ .............�M. _ _ �z..�u._ ;.,�____ . �,�._..�4 _ti.m,..��.n .._ Page number 2 Project 1929 -03 RFP for Multiuse Development /Parking Garage Professional Services --------------- - - - - -- DATA PROCESSOR (SECRETARY /EEO) Elizabeth Fernandez CLERICAL 8 -03 -97 8 -10 -97 8 -17 -97 8 -24 -97 Aurora Elena Rodriguez CLERICAL 8 -24 -97 Reimbursable Expense -------------- - - - - -- Reproduction 7 -31 -97 149505 Hours Rate Amount - - - - - -- - - - - -- ---- - - - - -- .50 24.00 4.25 24.00 .50 24.00 1.00 24.00 .25 24.00 Services total 58.00 12.00 102.00 12.00 24.00 6.00 4,276.00 - -Cost Mult Amount - - - -- - - -- ---- - - - - -- 32.48 1.00 32.48 Reimbursable total 32.48 Project Billing Summary Prior Professional Services 1,620.00 Reimbursable Expense .00 Total 1,620.00 Ap roved by Jorge E. Corzo, P. C 3 T S Invoice total 4,308.48 Current Total 4,276.00 5,896.00 32.48 32.48 4,308.48 5,928.48 IN- Equal Opportunity Employer INVOICE FOR PROFESSIONAL Project 1929 -03 RFP for Multiuse Development /Parking Garage 01 - Technical Assistance City of South Miami Building Dept. 6130 Sunset Drive South Miami, Fl 33143 PAST u nU Mr. L. Dennis Whitt, City Mgr. Professional Services For technical assistance provided in connection with the City's request for proposal for Multiuse Development /Parking Garage. Services provided during the weeks ending on the dates shown below: Professional Services Hours Rate Amount PRINCIPAL A A Room :901 Ponee de Leon Blvd.; Suite 900 • Coral :Gables, Florida 33134 MEETINGS • . 8 -10 -97 Staff Meeting 305.445.2900 1.800.448.0227 80.00 320.00 Facsimile 305,'445.3366 Invoice number 5787 En ,near, Arch ilecfe - 1.E130,001502 2' �•••�AAC002142 August 31, 1997 •' P I a n n e r; 80.00 Page number 1 Project 1929 -03 RFP for Multiuse Development /Parking Garage 01 - Technical Assistance City of South Miami Building Dept. 6130 Sunset Drive South Miami, Fl 33143 PAST u nU Mr. L. Dennis Whitt, City Mgr. Professional Services For technical assistance provided in connection with the City's request for proposal for Multiuse Development /Parking Garage. Services provided during the weeks ending on the dates shown below: Professional Services Hours Rate Amount PRINCIPAL A A Jorge E. Corzo, P.E. MEETINGS 8 -10 -97 Staff Meeting 4.00 80.00 320.00 8 -10 -97 Hometown Parking Committee 3.00 80.00 240.00 8 -24 -97 1.50 80.00 120.00 PROJECT MANAGEMENT 8 -24 -97 1.50 80.00 120.00 BID TABULATION & EVALUATIONS 8 -10 -97 5.00 80.00 400.00 8 -17 -97 3.00 80.00 240.00 Javier F. Salman, R. A. MEETINGS 8 -10 -97 Draft Presentation to Staff 2.00 80.00 160.00 8 -10 -97 2.00 80.00 160.00 8 -24 -97 Presentation to Parking Committee 1.50 80.00 120.00 8 -31 -97 Presentation to Parking Committee 1.00 80.00 80.00 PROJECT COORDINATION 8 -17 -97 1.50 80.00 120.00 REPORTS & STUDIES 8 -10 -97 14.00 80.00 1,120.00 8 -24 -97 Revised information for evaluation 11.00 80.00 880.00 8 -31 -97 Meeting Coord. .50 80.00 40.00 A A Professional Services DATA PROCESSOR (SECRETARY /EEO) Elizabeth Fernandez CLERICAL 8 -03 -97 8 -10 -97 8 -17 -97 8 -24 -97 Aurora Elena Rodriguez CLERICAL 8 -24 -97 Services total Reimbursable Expense Reproduction 7 -31 -97 149505 Project Billing Summary Professional Services Reimbursable Expense Total Ap roved by Jorge E. Corzo, P. C 3 T S Hours Rate Amount .50 24.00 12.00 4.25 24.00. 102.00 .50 24.00 12.00 1.00 24.00 24.00 .25 24.00 6.00 58.00 4,276.00 Cost Mult Amount 32.48 1.00 32.48 Reimbursable total 32.48 Invoice total 4,308.48 Prior Current 11620.00 4,276.00 .00 32.48 1,620.00 4,308.48 Total 5,896.00 32.48 5,928.48 INVOICE FOR PROFESSIONAL SERVICES '�#.r t a" a a' ' *1 901 Ponce de Leon Blvd., Suite 900 i • Coral 'Gables, Florida ` 33134 S d& EYE �f • • 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Invoice number 5787 En9;nee„ n <<h, teCt s EB0005022 AAC002142,� � August 31, 1997 P1 a n n e r s Page number 2 .. °. , ..... Project 1929 -03 RFP for Multiuse Development /Parking Garage Professional Services DATA PROCESSOR (SECRETARY /EEO) Elizabeth Fernandez CLERICAL 8 -03 -97 8 -10 -97 8 -17 -97 8 -24 -97 Aurora Elena Rodriguez CLERICAL 8 -24 -97 Services total Reimbursable Expense Reproduction 7 -31 -97 149505 Project Billing Summary Professional Services Reimbursable Expense Total Ap roved by Jorge E. Corzo, P. C 3 T S Hours Rate Amount .50 24.00 12.00 4.25 24.00. 102.00 .50 24.00 12.00 1.00 24.00 24.00 .25 24.00 6.00 58.00 4,276.00 Cost Mult Amount 32.48 1.00 32.48 Reimbursable total 32.48 Invoice total 4,308.48 Prior Current 11620.00 4,276.00 .00 32.48 1,620.00 4,308.48 Total 5,896.00 32.48 5,928.48 5t INVOICE FOR PROFESSIONAL SERVICES X901 Ponce de Leon Blvd , Suite900 `; �• CoralGables,Flonda 33134 . . ,305;445 2900 1 800 448�022Z . 'F cstmiie305 445 3366 Engineers __. A r c h i t e c t s EB0005022:} _ AAC002142 } `` Page number 1 Project 1929 -03 RFP for Multiuse Development /Parking Garage 01 •- Technical Assistance City of South Miami Building Dept. 6130 Sunset Drive �- South Miami, F1 33143 Fil''• j �- Mr. L. Dennis Whitt, City Mgr. Professional Services For technical assistance provided in connection with the City's request for proposal for Multiuse Development /Parking Garage. Services provided during the weeks ending on the dates shown below: Professional Services --------------- - - - - -- PRINCIPAL Jorge E. Corzo, P.E. MEETINGS 8 -10 -97 Staff Meeting 8 -10 -97 Hometown Parking Committee 8 -24 -97 PROJECT MANAGEMENT 8 -24 -97 BID TABULATION & EVALUATIONS 8 -10 -97 8 -17 -97 Javier F. Salman, R. A. MEETINGS 8 -10 -97 Draft Presentation to Staff 8 -10 -97 8 -24 -97 Presentation to Parking Committee 8 -31 -97 Presentation to Parking Committee PROJECT COORDINATION 8 -17 -97 REPORTS & STUDIES 8 -10 -97 8 -24 -97 Revised information for evaluation 8 -31 -97 Meeting Coord. Hours Rate Amount - - - - - -- - - - - -- ---- - - - - -- 4.00 80.00 320.00 3.00 80.00 240.00 1.50 80.00 120.00 1.50 80.00 120.00 5.00 80.00 400.00 3.00 80.00 240.00 2.00 80.00 160.00 2.00 80.00 160.00 1.50 80.00 120.00 1.00 80.00 80.00 1.50 80.00 120.00 14.00 80.00 1,120.00 11.00 80.00 880.00 .50 80.00 40.00 Equal Opportunity Employer I FOR PP..,OFESSIONAL SERVICES � � 901.:P nce de leori '� � • Corsi Gables, ;aql � 305.445.2900 1: Engineers FaCSl.mlie Architects EB0005022 P l a n n e r s 24.00 Project 1929 -03 305 445 3366 Invoice number AkC002142 J August 31, 1997 Page number 2 RFP for Multiuse Development /Parking Garage Professional Services DATA PROCESSOR (SECRETARY /EEO) Elizabeth Fernandez CLERICAL 8 -03 -97 8 -10 -97 8 -17 -97 8 -24 -97 Aurora Elena Rodriguez CLERICAL 8 -24 -97 Reimbursable Expense Reproduction 7 -31 -97 149505 5787 Hours Rate Amount .50 24.00 12.00 4.25 24.00 102.00 .50 24.00 12.00 1.00 24.00 24.00 .25 24.00 6.00 - - - - - -- 0 ---- - - - - -- Services total 58.0 4,276.00 Cost Mult Amount 32.48 1.00 32.48 Reimbursable total 32.48 Project Billing Summary Prior Professional Services 1,620.00 Reimbursable Expense .00 Total 1,620.00 Ap roved by Jorge E. Corzo, P. C 3 T S /41- Invoice total Current 4,276.00 32.48 4,308.48 4,308.48 Total 5,896.00 32.48 5,928.48 .J Equal Opportunity Employer To: Mayor and Commission From: Charles Scurr City Manager CITY OF SOUTH MIAMI Date: September 1, 1998 Agenda Item # Professional Services Contract: The Consulting Group The purpose of this memorandum is to recommend the approval of a Professional Services Contract in the maximum amount of $5,000.00 to "The Consulting Group" for negotiation support for the Multi -Use Development/Parking Garage Project. Funding is available in Account # 001 - 2100 -519 -9920, Non - Departmental General Contingency, which has a current balance of $21,000.00 The City of South Miami issued the Request for Proposals for the parking garage in June 1997 for the municipal parking lot located at SW 73rd Street and SW 581h Avenue. On September 121h, 1997 the City Commission awarded the proposed project for the design, construction, leasing and management of the mixed -use development and parking garage to Phase 1, Inc. The finalization of the contract and implementation of the project were delayed due to several legal factors, all of which have now been resolved. The City and the developer are now prepared to proceed expeditiously with final negotiations, execution of the contract and the implementation of the construction of the project. It is necessary to retain both legal and financial support in order to finalize the contract. The City Attorney will provide the legal support. There are, however, several important financial considerations under discussion that will require financial negotiation support. These specifically include assessing the financial value and trade offs of the expansion of the project to the air rights over the stores on 73rd Street and the exploration of the tax and financial implications of alternative methods of ownership and structuring the deal. It is recommended that the City retain the services of The Consulting Group to provide negotiation support in these areas. The two principals of The Consulting Group are uniquely qualified for this project having respectively served as the Director of Development and Facilities Management and the Director of Capital Financing and Development for Miami -Dade County. In these capacities they have successfully completed a number of very similar projects for the public sector. Retaining The Consulting Group will help ensure that the City receives full and fair financial compensation from the developer. A copy of the proposal is attached. It is important that the City proceed expeditiously on this matter. The opening of the Shops at Sunset Place is anticipated to create tremendous parking demand. Adequate parking is essential to the success of the Shops and all of the downtown merchants. It is hoped that the negotiations can be completed in the next 30 -45 days. This should enable the developer to break ground and begin construction immediately after the holiday season in January 1999. Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROFESSIONAL SERVICES; APPROVING FUNDING FOR A PROFESSIONAL SERVICES CONTRACT TO THE CONSULTING GROUP IN AN AMOUNT NOT EXCEEDING $5,000.00 FROM ACCOUNT NUMBER 001 - 2100 -519 -9920, NON- DEPARTMENTAL GENERAL CONTINGENCY WHEREAS, the City of South Miami awarded the Request for Proposals for the design, construction, leasing and management of the mixed -use development and contract for the municipal parking lot located at SW 73'd Street and SW 58"' Avenue to Phase 1, Inc. on September 12t ", 1997; and WHEREAS, the City and the developer are now ready to finalize negotiations and contract for the project; and WHEREAS, the City requires negotiation and financial support in order to maximize the return to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby authorizes the City Manager to enter into a Professional Services Agreement with The Consulting Group in an amount not to exceed $5,000.00 from Account # 001 - 2100 -519 -9920, Non - Departmental General Contingency. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney day of 91998. APPROVED: Mayor STEPHEN J. HELFIVIAN Mr. Helfman is a shareholder in the Firm practicing in the areas of real estate, zoning, growth management, subdivision law and land development. Mr. Helfman serves as special real estate /zoning counsel to public companies including, NBC/WTVJ, BellSouth Mobility Inc and Office Depot, Inc. He also serves as counsel for the Bal Harbour Village, and the Village of Key Biscayne, providing advice on land use, building and zoning matters. He has extensive experience with the State of Florida Growth Management Act and has been extensively involved in the preparation of local government comprehensive plans and the adoption of municipal ordinances including land development regulations implementing those plans. Mr. Helfinan has served as a member of the City of Coral Gables Planning and Zoning Board and has been a guest lecturer to the City of Miami Planning Advisory Board and the City of Miami Zoning Board on issues of growth management. Mr. Helfinan has a Masters of Law in real estate finance and development. He is a member of the American Academy of Trial Lawyers with extensive experience in public and administrative hearing processes. PRESENT POSITION: Shareholder - Weiss Serota Helfinan Pastoriza & Guedes, P.A. FORMAL EDUCATION: University of Miami (LL.M., 1983) Nova University (J.D., 1982) Tulane University (B.A., 1979) EXPERIENCE: Counsel to: City of Aventura City of Homestead City of Sunrise City of Sweetwater Bal Harbour Village City of Miramar 21 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. I ' NN �� CONSULTING GROUP, Facility Planning and Development` August 27, ,1998 (jam Mr. Charles D. Scum" C AUG 2 7 1999, ity Manager City of South Miami'° 6130 Sunset Drive SouthrMiami, Florida 33143 Re: Proposal for Professional services for the Git of South Miami's (City) Multi -Use Develo me'ntl Parking pro'ect " I Dear Mr. Scurr: As you have requested, The.Consulting Group of South Florida Inc. (Consultant) has' prepared the following proposal related to the above captioned matter. Scone of Services The City is to begin negotiating with Phase 1, Inc. (Developer) for the joint development of an approximate 300 car - parking garage located at SW 73rd street and 58th avenue. The City is contributing the land with the Developer responsible for the construction of the garage structure, retail'stores and related infrastructure elements. F The Consultant is being retained to assist the City Manager, City Attorney.and other City designated representatives in .negotiating the proposed lease agreement with the Developer. Specifically the Consultant shall draft; recommend and review items related to the lease or leases including, but not limited to the financial consideration and economic terms, accounting and audit procedures, taxes, permits and licences, bonding and underwriting'criteria, general business terms (e.g. hours of operation etc.), insurance, indemnities; lease duration, expansion plans, guarantees, assurances and warrantees and , other items that are critical to the protection of the City: The Consultant shall be responsible to hold and conduct meetings with the Developer or its representatives. It is our understanding that the City is desirous in having the lease(s) documents ready for its review within 30 days from this date. The'Consultant is currently prepared to undertake this engagement in order to meet the city's timeframe and schedule. (305) 669 -0949 7800 SW 57 Avenue, Suite,133 Fax-.1305, 669 -9438 South Miami, Fl 33143 1 ; The City is to begin negotiating with Phase 1, Inc. (Developer) for the joint development of an approximate 300` car - parking garage located at 73rd street and 58th avenue. The City is contributing the land with the Developer responsible for the'construction of ,the,garage structure, retail z stores and relates)_ infrastructure elements. • > The Consultant, is being retained to assist the City Manager, City Attorney and other City designated representatives in negotiating the proposed lease agreement with the Developer. Specifically the Consultant shall draft, recommend and review items related to the lease or leases including, but not limited to the financial consideration and economic terms, accounting and audit procedures, taxes, permits and licences, bonding and underwriting criteria, general business terms (e.g. hours of, operation etc.), insurance, indemnities, lease duration, expansion plans, guarantees, assurances and warrantees and other items that are critical to the protection of the City. • The Consultant shall be responsible,to hold and conduct meetings with the.Developer or its representatives. It is our understanding that the City is desirous in having the lease (s) documents ready for its review within 30 days from this date. The Consultant is currently prepared to undertake this engagement in order to meet the city's timeframe and schedule. B 1 The Consulting group of `South Florida, Inc:. Project Team The Consulting Group of South Florida is a facility development and asset management ` firm located in South Miami offering full services in the areas of real estate development and facility management. Current, clients of the firm include the Greater Miami Convention and Visitor Bureau, the Miami -Dade Department of Solid Waste Management, Florida International, University, The Land Trust of Dade County, Centro Campesino, Affordable Neighborhoods, Inc. and Everglades Community Association. This project will receive the full attention of the firm principles Diana M, Gonzalez and Mitchell M: Friedman. DIANA M: GONZALEZ Prior to entering the private. sector; Diana was employed by Miami -Dade County as the Director of the Department of Development and Facilities Management. This agency provided central support services in the areas of real estate acquisition and leasing, facility management and building construction. Ms. Gonzalez's sixteen year career with Miami - Dade County focused on. the capital and real estate development areas of .county operations. Ms. `Gonzalez received her B.A. from the University of Florida. She began her career with Miami -Dade County immediately, following the completion of her Master's degree from Northeastern University in 1979. In 1989; she,also attended the Senior Executive Program in State and Local Government at the John F. Kennedy School of Government. MITCHELL M. FRIEDMAN Since 1986 Mr. Friedman has been involved in a variety of real estate and - management consulting development endeavors' in the for - profit and not -for profit sectors. Mr. Friedman served as the Chief Operating Officer for We Will Rebuild, Inc. (WWR), a private corporation which was�established to direct and coordinate the'recovery of South Dade County in the aftermath of Hurricane Andrew in August, 1992. In this capacity, Mr. Friedman was responsible for managing all of the daily activities of the corporation, including the financial/ budget,,_ information systems, and operational and logistical support functions. Mr. Friedman was formerly the Chief Operating Officer and Vice President of Goode, Olcott, Knight & Associates, .a general partnership specializing in real' estate development and business consultation. Additionally, Mr. Friedman assisted in the launching of new business ei-nterprises specifically in the areas of fast food and retail management. Mr. Friedman-also•has governmental experience having served as the Director of Capital Financing and Development for Miami -Dade County, where was responsible for public / private real estate joint ventures and for the financing and development of major public works projects. Mr. Friedman also served as Assistant City Manager for the City of Miami Beach. sm Letter to Charles Scurr August 27,4998 Page 2 Compensation Option 1: It is anticipated that this effort will require 40 hours of time during the next 30 days. It is proposed that Consultant shall be compensated on an hourly basis of $125.00 for a total of $5,000. Should this effort require additional time, the Consultant shall only proceed with prior written approval of City and shall be compensated at.the agreed upon rate., Payment shall be made to the Consultant within 5 business days upon submission to the' City of an invoice documenting date, time and hours incurred. Option 2: The Consultant shall be retained on lump sum basis of $8,500.00. The Consultant shall complete the Scope of Work regardless of the hours required to complete the assignment. One- half of the fee ($8,500 less the retainer) shall be "made to'the Consultant *ithin 5 business days upon the City' approving the "Final Draft" document. The balance shall be due within 5 business 'days upon the completion of the lease and submitted to the city. Retainer: The Consultant shall receive a retainer of $1,000 upon the approval and execution of a contract. Expenses All expenses incurred by the Consultant that are directly'attributable to this - assignment shall bewid by the' City only after receiving approval by the City and paid upon the submission of an invoice documenting the expense and cost. Expenses shall be billed at direct cost. We thank you the opportunity to submit this proposal and hope that it will be favorably received. We look forward to talking. to you soon. Sincerely, a M. Gonzalez OPTION 1: It is anticipated that this effort will require 40 hours of time during the next 30 days. It is proposed thatConsultant shall be compensated on an hourly basis of $125.00 for a total of $5,000. Should this effort require additional time, the Consultant shall only proceed with prior written approval of City and shall be compensated at the, agreed upon rate. Payment shall be, made to the Consultant within 5 business days upon submission to the City of an invoice documenting date, time and hours incurred. • OPTION 2: The Consultant shall be retained on lump sum basis of '. $8,500.00. The Consultant shall complete the Scope of Work regardless of the hours required to complete the assignment. One -half of the fee ($8,500 less the retainer) shall be made to the Consultant within 5 business days upon the City approving the "Final Draft" document. The balance shall be due within 5 business days upon the completion of the lease =and submitted to the city. RETAINER: The - Consultant shall receive a retainer of $1,000 upon the approval and execution of a contract: EXPENSES: All expenses incurred by the Consultant that are directly attributable to this assignment shall be paid by the City only after receiving approval by the City and paid upon the submission of an. invoice documenting the expense and cost. Expenses shall be billed at direct cost. v CITY OF SOUTH MIAMI To: Mayor and Commission Date: September 1, 1998 From: Charles Scurr Agenda Item # / 240 City Manager a4 a4 Attorneys Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney. It is for a total amount of $3,734.71, with the amount of $620.00 being charged to Account # 608- 1910 -521- 3100608, Professional Services; and the balance of $3,114.71 charged to Account # 1500 -3410, Consulting — Legal. A detailed Billing Statement is attached. Approval is recommended. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $3,734.71 CHARGING $620.00 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, CONSULTING - LEGAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending June 30, 1998, in the amount of $3,734.71; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $3,734.71, are approved for payment and $620.00 shall be charged to Account No. 608 - 1910 -521- 3100608, Professional Services, and the remainder to Account No. 1500 -3410; Consulting - Legal. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of July, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY - CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM To: Charles D. Scurr Date: August 19, 1998 From: Earl G. Gall4j / Re: Nagin Gallop Figueredo Invoices These were removed from the agenda at the July 21, 1998 meeting by Commissioner Mary Scott Russell. Please place on the next meeting agenda. Thank you. NAEGallop \CSMMEMOS \scurrjune bills for agenda.doc CITY OF SOUTH MYAMY INTER- OFFICE MEMORANDUM To. Mayor and Commission Date: July 17, 1948 Agenda Item # From: Charles Sowr Subject:Comm. Mtg. 7/21/98 Interim City Manager ,�,� Loo? Legal Services - Payment The attached resolution authorizes the City Administration to disburse payment to Nagin Gallop Figueredo, P.A, in the amount of $3,734.71. $620.00 will be paid from account # 608 -1910- 521 -3100, Professional Services, and the remainder will be paid from account # 1500 -3410, Consulting- Legal. I recommend approval. bud TO 144 StP£9£99902 IWkAIW i-4.Lnos Ao A-Lio wa 9z: zo amm 86- 6t -nno NAGIN GALLOP FIGUEREDOP. A` Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854 -5351 July 9, 1998 Mr. Charles D. Scurr, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Scurr: Enclosed are our statements for professional services rendered and for costs advanced for the period ending June 30, 1998, in the amount of$3,734.71. Please place this statement on the agenda for the next City Commission meeting for approval. I tabulated the amounts due on each individual file as follows: 0022 -001 Retainer Services 1914 Prof 1 Services $ 18,700.00 Costs 368.50 Retainer 5,727.73 Services> Retainer (12,972.27) Write off (- 12,972.27) Total Due 368.50 0022 -002 Real Estate 1915 Prof l Services $ 0 Disbursements 0 Total Due $ 0 0022 -003 Lien Foreclosures 1916 ProfI Services $ 1,207.50 Disbursements 18.42 Total Due $ 1,225.92 0022 -004 DCA v. CSM 1917 Prof 1 Services $ 70.00 Disbursements 2.96 Total Due $ 72.96 0022 -005 Mandelstam v. CSM 1918 Prof I Services $ 35.00 Disbursements 0 Total Due $ 35.00 Charles D. Scurr, City Manager August 19, 1998 Page 2 0022 -007 Anthony v. City of 1919 Prof 1 Services $ 0 South Miami Disbursements 0 Total Due $ 0 0022 -008 Wascura v. CSM 1920 Prof l Services $ 0 Disbursements 3.50 Total Due $ 3.50 0022 -009 Watson v. CSM 1921 Profl Services $ 0 Disbursements .64 Total Due $ .64 0022 -018 Shields Bowden 1922 Prof 1 Services $ 262.50 Disbursements 89.63 Total Due $ 352.13 0022 -019 Pratt v. CSM 1923 Profl Services $ 210.00 Disbursements 12.66 Total Due $ 222.66 0022 -020 Good Shepard v. CSM 1827 Prof 1 Services $ 767.50 Disbursements 65.90 Total Due $ 833.40 0022 -021 Forfeiture: 1828 Profl Services $ 220.00 1991 Acura Legend Disbursements 0 Total Due $ 220.00 0022 -022 Forfeiture: 1829 Profl Services $ 400.00 1998 Ford Mustang Disbursements 0 Total Due $ 400.00 CURRENT TOTAL DUE $ 3,734.71 Do not hesitate to call me if you have any questions regarding these statements. Very t rs, rl G. Gallop Cc: Mayor and city commission 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $3,734.71 CHARGING $620.00 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, CONSULTING- LEGAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending June 30, 1998, in the amount of $3,734.71; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $3,734.71, are approved for payment and $620.00 shall be charged to Account No. 608 -1910- 521- 3100608, Professional Services, and the remainder to Account No. 1500 -3410; Consulting - Legal. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of July, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR CtON OENTIAL - ATTORNEYjCLIENT PREVILEGE 1TAGINGALLOP FIGL., ERFUO`'li, Attorneys 45, Couns�lors 3225 Aviation AvenLO - Third Floor Miami, FL 33133 -4741 , elephone: (305) 854 -5353 Facsir0e: (305) 854 -535' Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 July 9, 1998 Matter 1D: 0022.001 General Municipal Statement No. 1914 Y Hours Amount 6/111998 BSA Two telephone conferences with Eva concerning orders of violation; 1.00 150.08 receive, review and revise Larder of violation: telfyp±^one conference wtih Slaven concerning IDAS 6/1/1998 EGG Telephone conferences with Ms. Delegal, Holland & Knight, and 0.20 35,00 Ms. Barsh, Greenberg Traurig, regarding tt;lecomrnusnications 6/1/1998 EGG Telephone conference with -Mayor Robaina, and with Ms. Morris 0.30 52.50 6/2/1998 BSA Telephone conference with Ms, Rosa concerning release of liens; 0,30 45.00 receive and review facsimile from Ms. Rosa concerning liens on Taylor property 13/2/1998 EGG Prepare for and attend city commission meeting 6.00 1,050.00 6/3/1998 BSA Receive and review complaint filed against Agusta Price and City of 3,00 450.00 South Miami; Telephone conferences iivith Eva Rosa concerning release of liens and concerning liens on Price house; receive and review proposed release of liens, tax deed application: against Marie Miller house -and new lien list; conferred with Mr, Gallop concerning Price complaint and concerning releasing liens as to a single property; continue review of computer documents 6/3/1998 EGG Consuitation with Mr. Scurr and Chief Watson, and telephone +0.40 70.00 conference with Mr. Crosland, regarding confidentiality matter 6/411998 BSA Continue review of IOAS documents and analysis; telephone 3.00 450.00 conference with Slaven: telephone conference with Ms. Bynum concernin Rose matter and proper notice; telephone conference Rosa with Eva 6/5/1998 BSA Telephone conference with Diana Morris concerning Saunders 8,50 75.00 property and concerning address, telephone conference with Dr. Launcelot at County Commissioners office concerning address and liens 61511998 BSA Continue review and analysis of IDAS documents 4.50 675.00 511811998 BSA Continue review of documents concerning OAS contract and 3.50 525.00 Payment is clue upon receipt- please notify uS within i o days of recbipt of any quastiona you nave regarding v,is invoice. 'merest at rata of 1.5% per month will be charged if payment is not reecived within 30 days S T- d t31P^s9299S9i I WH I W H1r10 c� AO A-1-10 w a t,2: ze a3m 86 —o T —Rrly NaginGallopFiguaredo, P-A, CONFIDENTIAL - ATi'ORNEY /CLIENT QRIVIt -F-GE Matter 10: 0022-001 Page, 2 preparing notes and analysis 6/8/?998 BSA Meeting with Slaven Kobola concerning Request for Proposal, 3.50 525.00 Technical Response. Contract, Addendum, computer problems and proposed course of proceeding 6/8/1998 BSA Meeting with Eva Rosa and Carol Bynum concerning Taylor release 0.50 75.00 of lien, Saunders property and address, and concerning Krummrei file 6/9/1998 BSA Telephone conference with Diana Morns and Car. Lancelot 2.00 300.00 concerning Mt. Nebo and Grace Saunders property; telephone conferences with Eva and Carol at City of South Miami concerning liens and concerning property addresses; telephone conference with County Recorder's office concerning folio number and address for Saunders property; meeting with Mr. Gallop concerning unsafe structures board; reviewed files; teiephorie conference with Sonia concerning unsafe structures board 619/1998 EGG Telephone conference with Mayor aobaina; attention to scheduled 0.50 87.50 hearings before unsafe structures board and to code enforcement matter 6/9/1998 EGG Attending meeting among Messers Auerbach, B. Alias, Schuster, 2.00 350.00 Scurr and Oravek regarding parking garage site plan and access to Mr. Auerbach's property; telephone conference with Messers Razook and Watkins regarding release of residual interest of heir in dedication of land for parking lot 6/911998 EGG Preparing for and attending city commission meeting 8.00 1,400.00 6/10/1998 BSA Receive and review complaint in Norwest Mortgage, Inc. v. Avril 9.40 600.00 Williams, City of South Miami, etc., telephone conference with Eva and Carol at Code Enforcement Division requesting files on Agusta Price and on Avrii Williams; draft answer in Norwest Mortgage, Inc. v. Williams; Draft Answer in Countrywide v. Price; prepare draft petition for value adjustment board 6/10/1998 EGG Review and approve release of interest by Ms. l=riedman regarding 0.20 35.00 parking garage property 61111199$ BSA Travel to and from Recorder's Office to record grant agreement; telephone conferences with Maria Munro, Ana Garcia and M.L. 4.50 675.00 Cartarphen concerning grant agreement, original documents and recording; telephone conference with Mary Anne Lee at Florida Department of Environmental Protection concerning recording and concerning grant agreement; conferred with Mr. Gallop concerning same; worked on Petition for Ad Valorem Tax Board; receive and review notice of application for tax deed against Aiayyoub property; receive and review Notice of Application for Tax Deed and Claim of Lien on Alayyoub property 6/12/1998 EGG CRA: Attending county commission workshop regarding CRA 4.00 700.00 6115/1998 BSA Continue petition for late exemption for ad valorem taxes; telephone 2.00 300.00 conference with Property Appraiser's Office concerning address; telephone conference with Exemption Department concerning filing Payment Is due upon eoceipt Please notify us w thin 10 day %of receipt of any questions you have regarding this invoice. Interest al a rate of 1.5 °o per manth will be charged If payment is not received w °thin 30 days. ebE9£99902 I Wti i W Hi-no a =10 .P—L I3 W.d V2: Z0 a3M 86 -61: —Tint! NaginGa)Wpicigueredo, P,A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter 10, 0022001 Page: 3 Payment is due upon receipt. Please notify u8 within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1,5 %, per month will be charged if payrner+t is not reeNved within 30 days. .LT 'd SV29299902 Iworw Hinos do Axici Wd S'c: zo a3M e6 —+6T —hill requirements; telephone conference with Eva and Sonia concerning information on foreclosure files 8/15/1998 EGG CRA: telephone conference with Ms, Morris regarding delivery of 0.20 35.00 certified copy of May 1997 finding of wesslty 6115!1998 EGG Telephone conference with Mr. Alias regarding securing release of 0.10 17.50 deed restriction 6/16/1998 BSA Follow -up with Maryanne Lee at FDEP /FRDAP concerning 0.50 75.00 recording grant agreement 5116/1998 EGG CRA: attending county com'n meeting on approval of CRA 2.00 350.00 6/16/1998 EGG Telephone conferences with Ms. Taylor regarding publishing notice 3.00 525.00 of telecommunications workshop, with Mr. Oravek regarding materials, with industry representatives, including Ms, Vicki Gatanis, MasTech, Mr Gil Pistorisa, BellSouth, Ms, Sue Delegal, PrimCo, Ms. Linda Witman, Omnipoint, Ms. Soroya Kaspar, Nextel, Mr. Ron Mastrianna, PSC Sprint and Mr. James Randall, AT &T Wireless Communications, Inc; reviewed letter to workshop participants 6116/1998 EGG Prepared letter to Mr. Ken Small, FLC, requesting review of utility 1.50 262.50 tax and franchise agreements; assembling documents 6/17/1998 SSA Travel to and from Miami-Dade County Recorder's Office regarding 5.00 750.00 recording grant; met with Supervisor Quartermain; telephone conference with MaryAnne Lee at Department of Environmental Protection; Revised signature page for execution; telephone conference with Weiner Chavilre in Finance concerning City as Defendant in Foreclosure Action by Nonvest Mortgage, concerning obtaining book and page number and concerning proceeding; received instructions from Mr. Gallop concerning review and analysis of community space lease agreement,- prepared memorandum and analysis on community space lease agreement; continue attention to petition for value adjustment board; telephone conference with Maria Munro; receive and review previous application from Ms. Munro concerning property; conferred, at Ms. Lee's request, with Ms. Fountain at Parks Department at North Miami, concerning recordation of similar grants 6/17r'998 EGG Attend meeting with Mr. Scurr and Edward Maldonado, attorney for 2,.50 437.50 Mr. Phil Levine regarding discharge from employment; meeting with city manager regarding other pending matters; inspecting foreclosure properties in CRA 6/17/199,3 EGG Telephone conference with Chief Watson regarding response to 0.40 70.00 attorney on false imprisonment complaint concerning Paramail; and regarding traffic violator who charges improper stop 6/18/1998 RSA Conferred with David Walker concerning recent foreclosure files; 5.00 750.00 telephone conferences with Attorneys' Title concerning ordering book and page nurnber; conference with Mr. Gallop concerning ordering liens; ordered liens from Attorneys' Title; telephone conference with Mary Ann Lee at DEP concerning signature page for FRDAP Grant; revised per conversation; reviewed agenda and Payment is due upon receipt. Please notify u8 within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1,5 %, per month will be charged if payrner+t is not reeNved within 30 days. .LT 'd SV29299902 Iworw Hinos do Axici Wd S'c: zo a3M e6 —+6T —hill CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE; NaginGallopFlIgueredo, P.A. Matter 10; 0022 -001 Page; 4 35.00 255.00 70.00 1fl5.QQ 367.50 375.00 6122/1998 EGG Telephone conference with Mr. Alias regarding parking garage 0.20 35.00 6123/1998 BSA Receive original contract with Bell South; telephone conference 3.30 495.00 with Carolyn Yarbrough at Bell South concerning same; telephone conference with Mary Ann Lee concerning completed notarization of grant agreement for recording; telephone conference with Carol Payment is due upon receipt. Pleas@ nobty us within 10 days of receipt of any questions you have regarding this invoioe. Interest at a rate of 1.5% per month will be charged if payment is not repeiyed within 30 days. 8 T - d SV29299902 I Wti I W Hinds A0 AX I O Wd 9E : Z0 CI31"11 96 -6 T —nn" violations for Code Enforcement Board Hearing; conferred with Mr. Gallop concerning APEX; travel to and attend Code Enforcement Board Hearing 6/1$1199$ EGG Telephone conference with Mr. Cishikova regarding transfer of trust 0.20 funds for Goldston property purchase and review of financing agreement for telephone system 6/1911998 BSA Receive and review facsimile from Sonia concerning revised 1.70 schedule of fines; telephone conferences with Eva Rosa and Sonia Lama concerning revised fee schedule for Code Enforcement Board Hearin to reflect maximum amounts and to reflect "other" as separate class V; revised language on fee schedule; finalized signature requirements for grant agreement to comply with Clerk's office; prepared a -mail correspondence to Ms. Lee at Department of Environmental Protection attaching signature page; telephone conference with Richard Dixon concerning liens on property, tax liens and former appeal, advised Mr. Gallop of conversation 611911998 EGG Review latest version of proposed county ordinance on ethical 0.40 campaign practices and transmit same to com'n; prepared agenda for telecommunications workshop 6/19/1998 EGG Telephone conference with Mayor Robaina and Mr. Scurr regarding pending matters 0.60 6/21/1998 EGG Reviewed Friday packet and mail; reviewed recent judicial opinions; 2.10 prepared memoranda regarding effect of resignation of employee on barring civil rights action, on settlement agreement with Cable Satellite 7V regarding maintenance of equipment, and regarding 'open meeting' requirements for collective bargaining meeting with city com'n and negotiations; reviewed franchise agreements and ordinances; reviewed order of dismissal and release in Anthony v. GSM; prepared letter to Ms. Carstaphen regarding non - payment of invoices by Attorney's title 6/2211998 BSA Telephone conference with Mary Ann Lee concerning notarization 2.50 of Department Director's signature for recording purpose for FDEP grant; receive and review documents from Attorneys' Title concerning Norwest v. Williams and Countrywide v. Price complaints; telephone conference with Carol concerning release of liens and file; review file on Ignacio Perez file; telephone conferences with Beth, paralegal at Law Offices of David J. Stern, P.A. concerning release of liens and voluntary dismissal; prepare facsimile to plaintiffs counsel; advised Mr. Gallop concerning status of foreclosure suit; prepare memorandum to Ms_ Lama and file concerning same; receive contract with Bell South Financial Services', conferred with Mr. Gallop concerning Assignment; telephone conference with Carolyn Yarborough at Sell South concerning contract and forwarding original 35.00 255.00 70.00 1fl5.QQ 367.50 375.00 6122/1998 EGG Telephone conference with Mr. Alias regarding parking garage 0.20 35.00 6123/1998 BSA Receive original contract with Bell South; telephone conference 3.30 495.00 with Carolyn Yarbrough at Bell South concerning same; telephone conference with Mary Ann Lee concerning completed notarization of grant agreement for recording; telephone conference with Carol Payment is due upon receipt. Pleas@ nobty us within 10 days of receipt of any questions you have regarding this invoioe. Interest at a rate of 1.5% per month will be charged if payment is not repeiyed within 30 days. 8 T - d SV29299902 I Wti I W Hinds A0 AX I O Wd 9E : Z0 CI31"11 96 -6 T —nn" Nag fnGallopFiguaredo, P.A. CONFIDENTIAL - ATTOf NUICLIENT PRIVILEGE Matter ID: 0022-001 Page: 5 V2511998 Bynum concerning Order of Violation for Apex; review BSFS 4.00 600.00 6`2511998 Equipment Lease Agreement, conference with Mr. Gallop and Mr, 1.50 262.50 6/2511998 nshikayo regarding Lease Agreement; prepare analysis of Lease ,Agreement; conference with LeRoy Taylor concerning payment of 0.40 70.00 liens and concerning new notice of violation 6123/1998 EGG Reviewed documents delivered to Mr. Ken Small, FLC, regarding 0.50 87.50 6125/1998 franchises and utility tax structure; telephone conference with Mr. 0.40 70.00 6/26/1998 Small regarding same 4.00 600.00 6/23/1998 EGG Telephone conferences with industry representatives; prepared for 5.00 875.00 and attended telecommunications workshop 512411998 BSA Worked on IDAS computer dispute; conferred with Mr, Gallop 4.00 600.00 concerning BSFS contract, forwarded comments to BSFS 6/25/1998 BSA Worked on City of South Miami IDAS contract memorandum and 4.00 600.00 6126/1998 review of file 1.10 192.50 V2511998 BSA Attention to lien foreclosure files and status updates 4.00 600.00 6`2511998 EGC71 Reviewed draft ethics ordinance 1.50 262.50 6/2511998 EGG 'Telephone conference with Messers Alias and Watkins regarding 0.40 70.00 easement agreement with Auerbach and Richmond for parking garage project - -, 6125/1998 EGG Telephone conference with Mr. Scurr regarding pending matters 0.40 70.00 6/26/1998 BSA Travel to and from City of South Miami for execution of Project 4.00 600.00 Grant Agreement; met with Eva Rosa, David Walker and Sonia concerning lien files (Krummrei, Taylor, Poole $,Williams, Hildebrand and Jackson); recorded Project Grant Agreement; receive and review Notice of Cropping Party dropping City of South Miami as party in Countrywide v. Price; finalized answer in Norwest Mortgage versus City of South Miami 6126/1998 EGG Preparing ethics ordinance 1.10 192.50 6/2711998 BSA Prepare correspondence to Ms. Lee at FOEP concerning recording 1,00 1 50.00 of Grant Agreement; prepare memorandum to Ms. Garcia concerning recording of Grant Agreement and attaching Original signature page. 612711998 EGG Reviewed Friday packet of documents 0.50 87.50 6/29/1998 BSA Cortinue preparing memorandum concerning IDAS contract; 5.50 825.00 prepare draft demand letter to IDAS; telephone conference with Mary Ann tee at Department of Environmental Protection concerning recorded agreement and requirements; finalize correspondence to Ms. Lee and forwarded with attachments; finalize memorandum to Ana Garcia concerning recording of lien and instructed on proceeding; continue ad valorem petition and and application for Goldsten property 6/30/1998 EAB Revised demand Jetter prepared by Brian S. Adler, to computer 0.30 45.00 system operator and contractor Payment is due upon receipt. Please notify us wthln 1C days of receipt of any questions you have regarding this invoice. interest at a 'ate of 1.5% per month will be charged if payment is not received within 30 days. 6 T ' d eb£9£99ges I w1i I W Hinos do ill I o Wd 92 : zo aam e6 -6 T -nnu CONFIDENTIAL - Ai' 0RNEY ?CLt�_-NT PRIVII, GGE Nag inGattopFigueredo, P.A. Matter ID: 0022.001 Pager 6 Total Professional Services 18,700.00 Disccunt: - 12,972.27 Rate Summary Brian S. Adler 72.80 hours at $150.001111' 10,920.00 Eve A. Boutsis 0.30 hours at $150,001hr 45.00 Earl G. Gallop 44.20 hours a1$175.00 /hr 7,735.00 Total hours: 117.30 Expenses Sub -total Payments: 5,967.1 Payment is due upon rereiht. Please notity us within 10 days of receipt of any ttuestion$ you have reganjing Mis invoice. Interest at a rate of 1 5 31, per month wt11 be charged if payment is not received within 30 days. 0Z ' d sts£9E99GO g I wt1I W Pints -3o .l1 I o Wd 4s : 4e a3m s6-6T—nn" Photocopies 117.25 Postage 1$.88 Filing fee 39.00 Legal research 3.12 Telefacsimile charge 99.40 Courier charge 9.75 Parking 2.00 6/15/1998 Recording fee 49.50 6119/199$ Title Search 15.00 6119/1998 Title Search 15.00 Sub -total Expenses- 36&5 Payments 6/25/1998 Payment 2,884.61 6/10/1998 Payment 2,884.61 5110/1998 Payment 197.97 Sub -total Payments: 5,967.1 Payment is due upon rereiht. Please notity us within 10 days of receipt of any ttuestion$ you have reganjing Mis invoice. Interest at a rate of 1 5 31, per month wt11 be charged if payment is not received within 30 days. 0Z ' d sts£9E99GO g I wt1I W Pints -3o .l1 I o Wd 4s : 4e a3m s6-6T—nn" CONFIDENTIAL - ATiU' RNEWCUENT PRIVILEGI~ 1VaginGailopFigueredo, P.A. Matter 10, OQ2Z.001 Page; 7 For Professional Services 5,727.73 For Disbursements Incurred 368.6+3 Current Balance' 6,096,23 Previous Balance, 239.46 Payments - Thank you 5,967.19 Total Drug N66.5a To be properly credited, please indicate Statement Number on your remittance check. Payment Is clue upon receipt. Please nottr us within 10 days of receipt of any c;uestions You have rec_tarOna this invoke. InOroat at a rate of ".5% per month will be c::arged if payment ie not received within 30 days- Z4'd Sb29299S08 IwtlIW Hincs Ao AlTo wj s2:z0 a3M s6- 6I —onti CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGE NA.GIN GALLOP FIGLTF,I2EDO11A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 4741 Telephone: (305) 854 -5353 Facsimile: (305) ,354 -5351 July 9,1998 Charles D. Scurr Matter ID: 0022 -002 City Manager Reel Estate City of South Miami 6130 Sunset Drive Statement No. 1915 South Miami, Florida 33143 Payments 6/1011998 Payment 300.64 Sub -total Payments- 300.64 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 - 0.00 0.00 315.41 300.64 14.77 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1,5% per month will be charged if payment is not receivea within 3d days. zz C1 et,S- '99.9990£ Iwoiw Hinos jo Al2o Wd 82:zo aam e6- 6I —nn" CONFIDENTIAL - ATTORNEYi^ly }ENT PRIVILEGE NAGIN GALLOPEGUERED0VA. Arrorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D, Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 July 9, 1998 Matter ID: 0022 -003 Foreclosures Statement No. 1916 Rate Summary Brian S. Adler 7.70 hours at $150.00/hr 1,155.00 Earl G. Gallop 0.30 hours at 8175.00/hr 52.50 Total hours: 8.00 Payment is due upon receipt. Plelasa notify us within 10 days of receipt or any questions you have regar0ing this invoice. Interest at a rate of 1.5% per month will be charged If payment is not received within 30 days. 2Z 'Cl Ev'L9£99902 Iw"iw Hino£ Aa AiIo wa 6£:Zo aam 96 -6I -Drib Hours Amount 611111998 BSA Krummrei: Telephone conference with Steven Krummrei concerning 0.20 30.00 extension for answer to be filed: telephone conference with Bud Krummrei 6/25/1998 EGG Attention to status of foreclosure actions 0.30 52.50 6/2811998 BSA attention to ilen files; meeting with Ms. Boutsis concerning lien files 1.50 225.00 6127/1998 BSA attention to lien forclosure files and preparation of status 2.00 300.00 memorandum; repsonded to Dalma Inc. concerning allegations of improper notice 609/1998 BSA Telephone conference with Wiener concerning status of payment 2.00 300.00 agreements on Gibson and M & J Carvajal and concerning Hildebrand and Taylor status; fife answer to complaint in Countrywide v. Williams; receive and review book and page number from Attorneys' Title in connection with Williams answer; finalize and forward Dalma, Inc, response 6/30/1 998 9SA attention to lien fiit?s, including 4x4 Jeep property, Davis Gardens 2.00 300.00 and Marshall Williams; conferred with Ms. Boutsis concerning status: reviewed Florida Rule of Civil Procedure concerning suggestion of death Total Professional Services 1,207.50 Rate Summary Brian S. Adler 7.70 hours at $150.00/hr 1,155.00 Earl G. Gallop 0.30 hours at 8175.00/hr 52.50 Total hours: 8.00 Payment is due upon receipt. Plelasa notify us within 10 days of receipt or any questions you have regar0ing this invoice. Interest at a rate of 1.5% per month will be charged If payment is not received within 30 days. 2Z 'Cl Ev'L9£99902 Iw"iw Hino£ Aa AiIo wa 6£:Zo aam 96 -6I -Drib NaginGallo ffigueredo, P.A. Expenses CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGE Matter ID: 0022 -003 Page: 2 Legal research 14.42 Parking 4.00 Sub -total Expenses: 18.4 Payments 6/10/1S'98 Payment 1 ,702.29 Sub -total Payments: 1 ,702.2 For Professional Services 1,207.50 For Disbursements Incurred 13.42 Current Balance: _ 1,225.92 Previous Balance: 3,012.88 Payments - Thank you 1,702.29 Total Due —T,-53651 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Pleasa notify us v ithin 10 days of receipt of any questions you have regarding this invoice_ Interest at a eats of 1.501 per m0rith will be charged if payment is not received within 30 days. bZ 'd UbS9^z9 4S0^z I wo I W H-Lnos -do ' L I 3 Wd 6£ : zo Q3m 86 -6 T -anti COW OENTiAL - ATTORNEYlCLIEW PRIVILEG2 NIA,GiNGALLQPFIGUEREDOVA. .Atroeneys & Counselors 3225 Aviation Avenue - Third Floor Miami. FL 33133 -4741 Tolephone; (305) 854 -5353 Facsimile- (305) 854 -5351 July 9, 1998 Charles p. Scurr Matter ID: 0022 -004 City Manager City of South Miami DCA v. City of South Miami 6130 Sunset Drive Statement No. 1917 South Miami, FL 33143 Flours Amount 6/1611998 EGG Review and transmit third order of abeyance to Messrs Scurr and 0.30 52.50 Oravek 611711998 EGG Receipt of executed settlement agreement 0.10 17.50 Total Professional Services 70.00 Rate Summary Earl G. Gallop 0.40 hours at $175.00/hr 70.00 Total hours; 0.40 Expenses Photocopies 2.00 Postage 0.96 Sub -total Expenses: 2.96 Payments 6/10/1998 Payment 35.00 Sub -total Payments: 35.00 Payment is due upon receipt. Please notify us within 14 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5';'a per month will be charged if payments not received wiNr 34 days. SZ - d st,29299902 I wm I W H1.nos d0 Ai I o w a 0t5: Z0 a3m e6 -6 T — Dnk:s C;ONFDENTIAL - ATTORNEYICLIENT PRiVILEG2 NTAGIN GALLOP FIGLTERED0LA. Attorneys & t,ounselars 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Facsimile, (305) 854 -5351 July 9, 1998 Matter ID-, 0022 -005 Mandelstam v. CSM Statement No. 1918 Hours Amount 6/16/1998 EGG Reviewed and transmitted order of dismissal 0.20 35.00 Total Professional Services 35.00 Rate Summary Earl G. Gallop Payments $/11/1998 Payment 0.20 hours at $175.001hr 35.00 Total hours: 0.24 163.08 Sub -totai Payments: 163.08 Payment is due upon receipt. Please notify us within 10layb of receipt of any y" have regarding this invoige_ interest at a rat* Of t .5% per month will be Charged if payment is not received within 30 days. 9 7 ' d 8t'R9299502 I wtt1 I W "inos 3o Ai I o W d 0b : Z0 a3m ae- -r, T —nntj Nag inGallopFigueredo, P.A. For Professional ServicBs For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFlD>+NTiAL - ATTORNEYICLIZNT PRIVILEGE Matter ID: 0022 -006 Page: 2 Total Due To be properly credited, ploase indicate Staternent Number on your rernetance check. 35.00 0 -00 35.00 604.76 163.08 47678- Payment ie ,tue upon receipt. Phase notify us within 10 d .ays of receipt of any questions you h*ve regarding this invoica. Intorgo at a rate of 1.5 °,'o Per mcnih will be charged if payment Is nQt rerelved within 30 days. LZ ' d et•£929990z 1140I W H-Lnos ACS Ai i o t.1 c! I b : 70 rl3m ei&-6 x — 'mill C©NFIDE�NTIAL - ATTORNEWCLIENT PRIVILEGE NAG IN GALLOP FIGUEREDO,. .Attarneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone- (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Facsimile: (305) 854 -5351 July 9, 1998 Matter ID. 0022 -007 Anthony v. City of South Miami Statement No. 1919 Payments 6/10/1998 Payment 3.00 Sub -total Payments: 3.00 For Professional Services == 0100 For Disbursements Incurred 0.Q0 Current Balance: 0.00 Previous Previous Balance: 6,00 Payments - Thank you 3.00 Total Due 3.00 To be properly credited, please indica=te Statement Number on your remittance check. Payment is due upon receipt. Pleeae notify us within 1C days of recelpt of any questions you have regarding this invoice. Interesl at a rate of 1.5% per Rtonth will be charged it payment is not received within 30 days. ez 'Cl 811P£9£9990£ I"" H1t-IO$ AO A113 wa Sb: zO R3m 86-- 6i —!3nv CONFIDENTIAL - ATTCRNEYICLIENT PRIVILEGE NAGZNGALLOPFIGU EREDO`& Telephone: (305) 854 -5353 Charles D. Spurr City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Expenses Attorneys F Counselors 3225 Aviation Avenue - Third Floor Miami, FL 3313' -4741 Facsimile, (305) 854 -5351 July 9, 1998 Matter ED: 0022 -008 Wascura v, City of South Miami Statement No. 1920 Photocopies 0.50 Telefaesimile charge 100 Sub -total Expenses: 5.5 Payments -- - 6/10/1998 Payment 69.01 Sub -total Payments: 69,01 Payrnant is due upon receipt. Please notify us within 10 days of receipt cf any questions you have regarding this invoice. Interest at a rate of 1,5% per month will be charged if payment is nct receivea within 30 days. E,Z ' 8 8bS92999182 I Wt3I W Hlnos Ao Ai i o Wd zt, - Ze aam 86 -6 T -nna CONFIDENTIAL - A" TQRNEYlCLIENT PRIVILEGE NAGIN GALLoPFIGUEREDOPA. Arrorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facs!mlle: pus) Sb4 -bs59 July 9, 1998 Charles d. Scurr Matter 10. 0022 -009 City Manager Watson v. City of South Miami City of South Miami 6130 Sunset Orive Statement No. 1921 South Miami, Florida 33143 Expenses Postage 044 Sub -total Expenses: 0.64 Payments _ -^ 6/10/1998 Payment - 8.32 Sub -total Payments: 8.32 For Professional Services 0.00 For Disbursements Incurred 0.64 Current Balance: 0,64 Previous Balance: 37.03 Payments - Thank you 8.32 Total Due 9.35 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. P!eatie notify us within 10 days of receipt of any questions you have regarding this invoice. !rntarest at e rate of 1.5% per month will be charged it payment is not received within 30 days. 02 -d eta£9£9950£ Iwkstw Hinos do AlIo Wd zv :zo a3m 96- 6T -nr1Fd CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854.5353 Facsimile: (305) 854 -5351 July 9 1998 Charles D. Scurr Matter ID: 0022 -01$ City Manager City of South Miami CSM v. Shields Bowden 6130 Sunset Drive Statement No. 1922 City of South (Miami, FL. 33143 Hours Amount W17111998 EGG Prepare for and attend hearing on temporary injection 1.50 262.50 Total Professional Services 262.50 Rate Summary Earl G. Gallop 1.50 hours at $175.00/hr 262.50 Expanses 6/11/1998 Payments 6110/1998 Total hours: 1.50 Photocopies Legal research Postage Courier charge Service of process 18.00 39.44 1,28 8.95 22.00 Sub -total Expenses., J 89.E Payment 1.060.50 Sub -total Payments: 1,060.50 Payment is due upon receipt Please nebty us within 10 days of receipt of any quesbans you have regarding this invoice. inter®st at a rate of 1 5% per month will be phargad if payment is not received within 30 days. L£:'d atls9£99902 IWHIbt Hinos -do A1I3 Wd 2V:ZO 1I3M S6 -6t -ono NaginGatlopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTCRNEY /CLIENT PRIVILEGE Matter ID: 0022 -018 Page: 2 Tonal Due To be properly credited, please indicate Statement Number on your remittance check. 262.50 89.63 352.13 1,500.05 1,060.50 791.68 Payment is clue upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. mteresi at a rats of t.S% per month will be charged if payment is not received within 30 days. so • d I wo I W H-Lnos -ic Ai t J w8 ez = ze aim 86-6T-0010 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP RGU FRED0''� Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone- (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Sctrr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 July 9, 1998 Matter 10; 0022 -019 FPO v. CSM Statement No. 1923 6/17/1998 EGG Reviewed order cancelling evidentiary hearing and directing parties 0.30 to submit stipulation regarding characteristics of bargaining unit; 0.20 prepared letter to Donald Slesnick, attorney for PBA regarding 0.50 same 6/17/1998 EGG Review and approve consent election. agreement 6/19/1998 EGG Telephone conference with Mr: Don-Selesnick, attorney for PBA, regarding response to order to prepare stipulation; telephone conferences with Mr. Barry Dunn, administrative law judge, and with Mr. Scurr, regarding stipulation of duties and scheduling election 6/30/1998 EGG Reviewed and transmitted hearing officer's recommended order Rate Summary Hours Amount 0.30 52.50 0.20 35.00 0.50 87.50 0.20 35.00 Total Professional Services Earl G. Galiop 1.20 hours at $175.001hr 210.00 Total hours: 1.20 Expenses Photocopies 9.00 Postage 3.66 Sub -total Expenses: 12.66 210.00 Payment is dua upon receipt. P'easo noufy us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ta0 ' d etr29299190 = I W0 1 W H-Lnos AO A.L I 0 wJ ez : zo aam e6 —E. 2 —onks NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance; Payments - Thank you CONFIDENTIAL - ATTORNEWC -LCENT PRIVII_EQE Matter ID: 0022 -019 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 210.00 12.66 222.86 157.50 0.00 380.166 Paymr nt is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rata of 1.5�/e per month will be charged if payment is not received within 30 days. 91-1 ' d aib2929990£ I WV I W H-Lnos 3o A-L i o Wd 6z: zo Q3M 96 -6 i —gnti CONFIDENTIAL - ATTORNEYICLIEN7 PRIVILEGE NAGIN GALLQF FIGL ERE DUlh, Attorneys & Counselors- 3225 Aviatior Avenue - Third Poor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 f=acsimile: (305) 854.5351 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 July 9, 1998 Matter 10: 0022 -020 Brothers of Good Shepard, Inc. Statement No. 1827 Hours Amount 6/18/199$ EGG Analyzed amended complaint regarding class action to invalidate 2.00 350.00 storm water utility ordinance; reviewed discovery request; telephone 0.40 conferences with Mr. Peter Tell, ass't Dade County attorney, and 0.10 Mr. Robert Dixon, ass't Miami Beach attorney; instructions to work 1.50 attorney regarding preparing motion to dismiss for failure to serve indispensible party, Dade County, within 120 days 6/19/1998 EGG Analyzing court docket sheets in actions by John Favarola, Archbishop, and Brothers of Good Shepards, Inc; further instructions to work attorney regarding reviewing court files and preparing motion to dismiss 612111998 ECG Reviewed motion to dismiss 8/22/1998 EAB Review of case files at Dade County Civil Courthouse for summons and service of process upon Dade County; analyzed motion for summary judgment and first amended complaint (filled in Brothers of Good Shepard case file) 6122/1998 EGG Evaluated court file and pieadings; instructions regarding preparing motions to dismiss in troth cases 6/27/1998 EGG Reviewed motions to dismiss, etc., by cities of Hialeah, Hialeah Gardens and Florida City; calendared hearing on motion for summary judgment 0.40 70.00 0.10 17.50 1.50 225.04 0.30 52.50 0.30 52.50 Total Professional Services Rate Summary Eve A. Boutsis 1.50 hours at $150.00 1hr 225.00 Earl G. Gallop 3.10 hours at $175.00/hr 542.50 Total hours: 4.60 767.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any quastion6 you have regarding this invoice. Interest et a rate of 1,5% per month will be charged if payment is not received within 30 days. L 0 1 d 81'- '_929'9902 I wo i w Hinds do 1.1 I o w.A 6Z : z9 aam 86 -61 -5nt� NaginGallopFigueredo, P.A. Expanses relefacsimiie charge Postage Photocopies t"or professional Services For Disbursements incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEYtCLIENT PRIVILEQE Matter ID: Q022.020 Page. 2 13,00 12.65 40.25 Sub -total Expenses: 65.9 767.50 65.90 833.40 0.00 0.00 Total Due 833.40 To be properly credited, please indicate Statement Number on your remittance check, ioayment is due upon receipt. Pleass notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% par month wilt be chergcd if payment is not received within 30 days. 8H'd 8fi�S4 99S9� iwoiw Hinos 3o j,,iIo W -d 02:ZO a3M e6 -61t -n o GDNFiEDEN T IAL - A- TORNEY /CLIENT FRIVLEwGE N YAGIN GALLOPFIGITER.EDOIIA- Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami: FL 33133 -4741 Telephone: (365) 8545353 Charles 0. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsirniie: (305) 854 -5351 July 9, 1898 Matter 10: 0022021 Forfeiture, 1991 Acura Legend Statement No, 1828 Hours amount 6/2511998 EAB Reviewed fle and .analyzed pleadings 0.70 70.00 6/28!1998 EAB Analys s of forfeiture statutes. case law, and file 1.50 150.00 Total Professional Services 220,00 Rate Summary E=ve A. Boutsis 2.20 hours at S100,001hr 220.00 Tota4 hours: 2.20 Payment is club upon rampt. Ptaas® otifv us within 10 days of receipt of any qua5ticna you have regard ng this involce. interest st a rate of I. ; T;er momh will be charged if payment is not moeived within 30 days. 60 '4! 63fi7--:9E99902 IWHIW H -Lnos JO Alit, Wd 02.'zo a3M 86- 6T —!on1d CONFIDENVAL - ATTORNEY)OLIENT PRIVILEGE NaginGallopFlgueredo, P.A. Matter I6: 0022.021 Page: 2 For Professional Services 220.00 For Disbursements Incurred 0.Q0 Current Balance: 220.00 Previous Balance: Payments - Thank you O,Og Total Due "`220M To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Pleass notify us within 10 days of receipt of any q+i"dons ytiu have caq ding IN,. ilvnica intiarest at a rate of I,5% per month will be charged if payment is not received within 30 days. 121118 St,29299902 IWOIW Hinos Ao Axio Wd T£: zo aam 8s- 6T —nno CONFIDENTIAL - ATTORNEY /COENT PRIVILEGE NAGIN GALLOP FIGUERElJOVA. Attorney; & Counselarr 3225 Aviation Avenue - T gird Floor Miami, FL 33133-4741 T= iiephons: (305) 854 -5353 Facsimile: {305) 854 -5351 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, 1,~t. 33143 July 9, 1998 Matter ID: 0022 -022 Forfeiture- 1988 Ford Mustang Statement No. 1829 Hours Amount 6/29/1998 EA13 Prepared complaint, Exparte Probable Cause Motion, Notice of 2.50 250.00 Action to be published in Miami Review, legal research on time limits for filing of forfeiture action 6/30/1998 EAB Research and review of Florida Statutes Annotated s. 93701 -704, 1.50 150.00 prepared verified affidavit in support of complaint; communication with Dade County Clerk, Civil:01vision regarding filings, _ communication with Captain Mills regarding forfeiture filings Total Professional Services 400.00 Rate Summary Eve A. Boutsis 4,00 hours at $100.00 /hr 400.00 Total hours; 4.00 Payment is due upon receipt. Pieaee notify us within 10 days of receipt of any questions you nave regarding this invoice, interest at a rate of 1.5% per month will be charged if payment is not received withln 30 days. T I 'd plt'29299902 IWt1IW Hli -)OS 38 .tlIa W -J T^z:'Z0 Q3tr: 86- 6T- !:in1,1 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NaginGal lop Fig ueredo, P.A. Matter ID: 0022 -022 Page; 2 For Professional Services 400.00 For Disbursements incurred 0.00 Current Balance: Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 400.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is duo upon receipt. Pleaso notify us within 10 days of receipt of any questions you have regarding this invoice. intsrest at a rate of 1.5% per month will be charged if payment is not received within 30 days, t1ono Z L ' a 9'17~L9299S02 I wo I W H-Lnos Ao Ai I o wa z2 3 Z0 Q3m 96 -6 T -`J' no To: Mayor and Commission From: Charles Scurr City Manager CITY OF SOUTH MIAMI Date: September 1, 1998 Agenda Item # Legal Services Consulting — Labor: Weiss, Serota, Helfman, Pastoriza Guedes, P.A. and The purpose of this memorandum is to recommend the approval of a Legal Services Consulting Contract for labor negotiations in the maximum amount of $7,500.00 to the firm of Weiss, Serota, Helfman, Pastoriza and Guedes, P.A. Funding will be utilized from Account # 001 -1500- 514 -3440, Consulting - Labor, which has a current balance of $9,288.00. The City of South Miami has begun negotiations with both the Police Benevolent Association (PBA) and the American Federation of State, County and Municipal Employees (AFSCME). The City has traditionally used outside labor counsel to provide legal and best practices support during negotiations. These services are required for the current negotiations in order to ensure that all applicable laws and regulations are adhered to and also to ensure that the City is appraised of best practices that are being used by other similar municipalities. The selected firm, Weiss, Serota, Helfman, Pastoriza and Guedes, P.A. has extensive experience and expertise. They have represented over 15 jurisdictions. A Letter of Engagement and Firm Resume are attached. It is anticipated that the primary role of the firm will be to support negotiations by providing research, opinions and drafting clauses. The firm may play a limited role in direct negotiations with senior Police and City staff performing primary negotiating roles. Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES; APPROVING 5 FUNDING FORA CONSULTING -LABOR CONTRACT TO THE FIRM OF WEISS, 6 SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A.; IN AN AMOUNT NOT 7 EXCEEDING $7,500.00 FROM ACCOUNT NUMBER 001- 1500 -514 -3440, 8 CONSULTING -LABOR 9 10 11 12 WHEREAS, the City of South Miami has begun negotiations with the Police Benevolent 13 Association (PBA) and the American Federation of State, County and Municipal Employees (AFSCME); 14 and 15 16 WHEREAS, the City requires special labor counsel in order to ensure that all applicable laws and 17 regulations are adhered to and also to ensure that the City is appraised of best practices being used by 18 other municipalities. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 21 THE CITY OF SOUTH MIAMI: 22 23 Section 1. The City Commission hereby authorizes the City Manager to enter into a Legal 24 Services Agreement for Consulting — Labor with firm of Weiss, Serota, Helfinan, Pastoriza and Guedes, 25 P.A. in an amount not to exceed $7,500.00 from Account # 001 - 1500 -514 -3440, Consulting - Labor. 26 27 Section 2. This resolution shall take effect immediately upon approval. 28 29 30 PASSED AND ADOPTED this day of 91998. 31 32 ATTEST: APPROVED: 33 34 35 36 City Clerk Mayor 37 38 READ AND APPROVED AS TO FORM: 39 40 41 _ 42 City Attorney WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. LILLIAN ARANGO DE LA HOZ* PATRICIA M. BALOYRA MITCHELL A. BIERMAN NINA L. BONISKE ELAINE M. COHEN DANIEL H. COULTOFF MICHELLE M. GALLARDO JENNIFER GOMBERG EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. ROBERT W. HOLLAND* JILL A. JARKESY* GILBERTO PASTORIZA ELLEN N. SAUL* GAIL D. SEROTA* JOSEPH H. SEROTA DANIEL A. WEISS* RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ Mr. Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) 854 -0800 TELECOPIER (305) 854 -2323 WWW.WSH- FLALAW.COM August 27, 1998 BROWARD OFFICE 888 EAST LAS OLAS BOULEVARD SUITE 710 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 763 -1189 PALM BEACH OFFICE 1872 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392 -8762 TELECOPIER (561) 392 -7551 *OF COUNSEL Re: Fee Agreement Between The City of South Miami (the "City ") and Weiss Serota Helf nan Pastoriza & Guedes, P.A. Dear Mr. Scurr: We are pleased that you wish to engage our Firm to perform legal services for the City. From our experience, we have found that clients appreciate a frank and open discussion and understanding of the services that we will perform and the basis upon which they will be expected to pay for those services. This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for you, the amount of our fees for those services, the manner in which our fees for those services shall be determined and the terms upon which you will make payment. 1. Nature of Legal Services. You have engaged us to provide general labor services relating to negotiations involving the Police Benevolent Association ( "PBA ") contract and other labor matters which may arise in the future. 2. Fees for Services. You will be charged and agree to pay for our services at the rate of $165.00 per hour for all attorneys, together with applicable taxes if any. It is our practice to Mr. Charles D. Scurr August 27, 1998 Page 2 charge for actual time expended on your behalf, but not less than 2 /10ths of an hour for each activity. 3. Costs. In addition to the fees discussed in paragraph 2, we anticipate that certain expenses may be incurred and advanced on your behalf. These expenses may include filing fees, recording costs, out -of -town travel expenses, delivery charges, long distance telephone charges, photocopies (xerox), special postage (express mail, certified mail and the like), computer research charges, court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, fees and expenses of experts necessary to assist in the preparation and hearing of your case, investigation costs, word processing fees, computer charges and applicable lobbyist registration fees. In addition to our fees for legal services, you agree to pay us for such out -of- pocket expenditures. In the event unusually large costs or advances are anticipated, we reserve the right to require an additional cost deposit from you prior to undertaking the expenditures of funds on your behalf. 4. Payment of Fees and Costs. Our invoices will be submitted to you on a monthly basis and each invoice will be due and payable when rendered. You must understand that if any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion (subject to court approval, if necessary), to cease to provide further legal services to you. You will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, you understand that you will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us. You further understand that we have the right to retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to you until we have been paid all costs, fees and interest due us under this agreement. You also agree to the imposition of a charging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of '12% per annum will be added to any invoice which remains unpaid for more than 30 days after it is rendered. 5. Termination of Representation. We will serve at the pleasure of the City Council and may be terminated at any time. 6. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client unless each such client consents to such representation after consultation. If this letter is addressed to more than one person, your signature of this letter will constitute such consent from each of you with respect to the matter or matters specifically described in the paragraph of this letter entitled "Nature of Legal Services." WEISS SEHOTA HELFMAN PASTOBIZA & GUEDES, P.A. Mr. Charles D. Scurr August 27, 1998 Page 3 Please be advised that from time to time we are called upon by clients to represent them as to requests for various approvals and as to other matters with respect to your City. You recognize and acknowledge that by signing this letter, you will be deemed to have waived any potential conflict of interest in our representation of those clients, and so long as such representation is not in an adversarial position to the City. 7. Fees for Other Services. In the event you ask us to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided for in paragraph 2 of this letter. 8. Commencement of Representation. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by signing this letter and delivering it to us. We appreciate your confidence in our Firm and we assure you that we will make every effort to perform our services in a prompt and efficient manner. Very truly yours, WEISS SEROTA HELFMAN PASTORIZA & GUEDES, PA. H. SEROTA AGREED AND ACCEPTED on , 1998 RJW /cmb CITY OF SOUTH MIAMI Un WEISS SEROTA HELFMAN PASTORIZA & GuEDES, P.A. lilt .: T�� Oil #� TABLE OF CONTENTS PAGE GENERAL STATEMENT OF EXPERIENCE ............................ ............................... 1 AREASOF PRACTICE ........................................................ ............................... 3 GOVERNMENTAL LAW AND GOVERNMENTAL AFFAIRS ................... 4 ZONING /LAND USE/REAL ESTATE LAW ............ ............................... 6 LABORLAW ................................................... ............................... 8 AD VALOREM PROPERTY TAX LITIGATION AND APPEALS .............. 10 GENERAL LITIGATION ................................... ............................... 11 REPRESENTATIVE CLIENTS .............................................. ............................... 12 RESUMFS........................................................................ ............................... 14 RICHARD JAY WEISS ............................................... ............................... 15 JOSEPHH. SEROTA ................................................. ............................... 18 STEPHENJ. HELFMAN ............................................ ............................... 21 GILBERTO PASTORIZA ............................................ ............................... 23 EDWARDG. GUEDES .............................................. ............................... 25 STEVEN W. ZELKOWITZ .......................................... ............................... 28 MITCHELL ALEXANDER BIERMAN .......................... ............................... 29 DANIELA. WEISS ................................................... ............................... 31 DAVIDM. WOLPIN .................................................. ............................... 35 NINAL. BONISKE .................................................... ............................... 36 GAIL DORFF SEROTA .............................................. ............................... 38 DANIELH. COULTOFF ............................................ ............................... 39 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. JILLA. JARKESY ..................................................... ............................... 40 ELLENNOLEN SAUL ............................................... ............................... 41 LILLIAN ARANGO DE LA HOZ ................................. ............................... 42 JENNIFER L. GOMBERG ........................................... ............................... 43 SIGNIFICANT PUBLISHED OPINIONS OF FIRM ATTORNEYS . ............................... 44 A. Governmental Law and Affairs .................................... .............................46 B. Real Estate, Zoning and Land Use ............................... .............................46 C. Labor, Employment and Civil Rights Litigation ............... .............................45 D. General Litigation ....................................................... .............................47 WEISS SEIROTA HELFMAN PASTORIZA & GUEDES, P.A. GENERAL STATEMENT OF EXPERIENCE WEISS SEROTA HELFMAN PASTORIZA & GUEDES is a law firm specializing in land use and real estate law, labor law, governmental law, governmental relations and litigation. Within those specialties, the Firm offers a full range of services to its clients. The Firm was formed with the specific purpose of representing governments, and persons and entities who do business with local governments. Members of the Firm strive not only for excellence in their legal work, but are also dedicated to both community and bar activities. Individual members of the Firm have served, and presently serve, in significant positions in local, state and national bar associations. Mr. Serota is a former member of the Board of Governors of The Florida Bar and is presently Vice President of the Dade County Bar Association. Mr. Weiss is a former director of the Young Lawyers Division of the American Bar Association. Firm members also serve the community at large. Mr. Serota is the past chairperson of the Metropolitan Dade County Independent Review Panel. Mr. Weiss was a member of the Public Health Trust and served as the Chairman of the Jackson Memorial Foundation and the Florida International University, Institute of Government, Steering Committee. Mr. Helf nan has served as a member of the Coral Gables Planning and Zoning Board. Mr. Guedes serves on the Board of Directors of the Dade County Business Volunteers for the Arts. . 1 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. Weiss Scrota Helfinan Pastoriza & Guedes, P.A. maintains offices in Miami -Dade, Broward and Palm Beach County at the following addresses: Miami -Dade Office 2665 South Bayshore Drive Suite 420 Miami, FL 33133 Phone: (305) 854 -0800 Fax: (305) 854 -2323 Palm Beach Office Broward Office 888 East Las Olas Blvd. Suite 710 Ft. Lauderdale, FL 33301 Phone: (954) 763 -1189 Fax: (305) 854 -2323 1872 Southwest 17th Street Boca Raton, Florida 33486 Phone: (561) 392 -8762 Fax: (561) 392 -7551 WEISS SEHOTA HELFMAN PASTORIZA & GUEDES, P.A. AREAS OF PRACTICE 3 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. A. GOVERNMENTAL LAW AND GOVERNMENTAL AFFAIRS Because Firm members include former Assistant Miami -Dade County Attorneys as well as City and Deputy City Attorneys from various municipalities, the Firm is frequently called upon by entities doing business with local governments to render legal advice pertaining to public /private transactions and other matters. This unique combination of local government and private sector representation allows the Firm to bring a special perspective and comprehensive understanding to public /private transactions. The Firm regularly represents significant private sector clients in their dealings with various governments, including cities and counties in South Florida. The Firm's practice in this area is assisted by close personal working relationships with the staffs of the various governmental entities, as well as personal and political relationships with the public officials involved. Members of the Firm have been involved in many of the most complicated and sophisticated public /private transactions in South Florida. Projects include the lease between Miami -Dade County and the Miami Dolphins Football Team, a contract for one of the world's largest resource recovery plants between Miami -Dade County and Montenay Power Corp., a lease between the City of Homestead and the Miami Grand Prix relating to the creation and construction of a world -class motorsports complex, the agreement between American Airlines and Miami -Dade County for the construction, renovation and financing of American Airlines' terminal at Miami International Airport, the largest public works project in the history of Dade County and was instrumental in bringing Cunard Lines to Miami -Dade County. 4 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. The Firm takes pride in its ability to assemble professional and effective teams of lobbyists, engineers, public relations persons and community activists necessary to successfully complete large -scale projects with local government. The Firm regularly deals with community and neighborhood associations, as well as business organizations, in an effort to help our clients successfully gain the support and confidence necessary to achieve their goals. 5 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. B. ZONING/LAND USE/REAL ESTATE LAW The Firm's practice in this area consists of zoning, land use law and real estate law. Descriptions of the services which the Firm offers in these categories are outlined below. ZONING AND LAND USE LAW Within Florida's increasingly complex land use regulations, the Firm has developed significant expertise in dealing with state and local land use regulatory agencies. The Firm's practice in this area includes land use applications and permitting at the city, county and state levels, and is based upon a close working relationship with local government employees in the various agencies having jurisdiction. The Firm's unique familiarity with local and state land use and other regulations relating to building and construction allows members of the Firm to provide up -to -date and prompt advice to clients in this highly - regulated and constantly evolving area of law. REAL ESTATE LAW The Firm provides a full range of real estate and real estate - related legal services, including complex purchase and sale transactions as well as diverse leasing arrangements, representing, from time to time, both landlords and tenants. The Firm's practice in this area is built upon careful attention to detail and upon providing sound legal advice to clients in the process of making the numerous business decisions that are part and parcel of any real estate transaction. The Firm prides itself on the quality and timeliness of its services, with full and careful attention given to each aspect of a transaction. 0 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. REAL ESTATE, ZONING AND LAND USE LITIGATION As an adjunct to the Firm's real estate and zoning practice, and as an independent practice area, the Firm has expertise in real estate, zoning and land use litigation, including commercial landlord/tenant actions, lease disputes, and civil rights claims emerging from governmental regulations. fd WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. C. LABOR LAW Attorneys at Weiss Serota Helfinan Pastoriza & Guedes, P.A. have represented employers in labor- related matters for more than twenty -five years. The Firm's labor law practice includes discrimination law, general personnel matters, employment contract disputes, labor negotiations, as well as litigation and appeals in each of the listed areas. The Firm's expertise is outlined briefly below. DISCRIMINATION LAW The Firm's practice in this area includes advice to and representation of employers with regard to discrimination lawsuits and charges filed with the Equal Employment Opportunities Commission ("EEOC "). The Firm also advises and represents employers with regard to compliance with the Americans With Disabilities Act and the Family and Medical Leave Act as well as pertinent state statutes and local ordinances regulating this area. Firm members interact regularly with the EEOC and the U.S. Department of Labor, and local administrative boards in Miami -Dade and Broward counties and throughout the state. WAGE AND HOUR LAW The Firm provides advice to clients with regard to the wage and hour requirements of the Fair Labor Standards Act ( "FLSA ") and, if necessary, represents those clients in litigation and administrative proceedings. Lawyers in the Firm have lectured widely on various aspects of the FLSA, including the proper handling of a U.S. Department of Labor investigation and emerging trends in the Wage and Hour Law. 8 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. PERSONNEL MATTERS On a daily basis, the Firm provides relevant and practical advice to employers of all sizes relating to discipline, discharge, progressive discipline, and compliance with proper personnel practices. The Firm reviews and analyzes personnel files in order to assure employers that when disciplinary actions are taken, they are appropriate, adequately documented and ultimately upheld. Personnel manuals are written and reviewed by the Firm on a regular basis and are timely updated in order to keep them current and fully compliant with all aspects of the law. LITIGATION AND APPEALS The Firm is known throughout South Florida for its litigation and appellate expertise in labor law, representing both large and small employers in labor - related lawsuits, including those filed under Title VII and the Fair Labor Standards Act. The Firm is also experienced in representing employers with regard to grievances, arbitrations and general employer /employee contractual disputes arising either out of actual or alleged employment contracts. Firm attorneys have represented employers in labor- related actions and appeals at every level from administrative hearings to the United States Supreme Court. Some of the reported labor- related cases of lawyers from our Firm are listed at the conclusion of the lawyer biographies in this resume. 9 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. AD VALOREM PROPERTY TAX LITIGATION AND APPEALS The Firm has considerable expertise in property tax law. The Firm's attorneys have litigated property tax issues from the administrative level to the United States Supreme Court, representing both plaintiffs and defendants. Firm attorneys have advised the taxing authorities and have represented litigants in numerous tax precedents established by the Supreme Court of Florida and the district courts of appeal. 10 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. D. GENERAL LITIGATION TRIAL The Firm has a diverse trial practice in both state and federal courts. Areas of litigation expertise include commercial litigation, discrimination law, civil rights, disability, labor, real estate, zoning and land use law, banking law, eminent domain and property taxation. APPELLATE The Firm also has extensive experience in appellate practice at all levels of state and federal courts. Firm lawyers have successfully represented clients before the United States Supreme Court, the Supreme Court of Florida and lower appellate courts in both the state and federal court systems. Firm members handle all appeals generated by Firm clients, as well as appeals referred to the Firm involving matters tried by other attorneys. The Firm is responsible for numerous appellate decisions which have helped shape the course of the law at the local, state and national level. 11 WEISS SEIROTA HELFMAN PASTORIZA & GUEDES, P.A. REPRESENTATIVE CLIENTS Weiss Serota Helfman Pastoriza & Guedes, P.A. currently serves as general counsel or special counsel to numerous local government entities in the South Florida area and represents significant private sector firms. The following is an illustrative list of clients which are or which have been represented by partners in the Firm: CITIES: City of Aventura - The Firm currently serves as general counsel to the City of Aventura providing overall general representation. Bal Harbour Village The Firm has served as general counsel to Bal Harbour Village since 1985 providing overall general representation, including labor law. Village of Key Biscayne - The Firm currently serves as general counsel to the Village of Key Biscayne providing overall general representation, including litigation and labor law. Town of Bay Harbor Islands - The Firm is outside labor counsel to the Town of Bay Harbor Islands and advises the Town Attorney and staff with respect to labor, EEOC, personnel and other labor - related matters. City of Coral Gables - The Firm has represented the City as special zoning counsel. Town of Golden Beach - The Firm served as Town attorneys. City of Hialeah - The Firm has provided general labor representation and specialized litigation representation. Members of the Firm have handled discrimination, personnel, arbitration and complex litigation matters for the City. A member of the Firm was successful in obtaining a directed verdict for the City of Hialeah in a highly controversial lawsuit involving an employee who had been terminated for failure to speak English properly over the radio. City of Hollywood - General labor representation and specialized litigation representation. The Firm was retained by the City of Hollywood to conduct negotiations with its unions and is in the process of completing those negotiations. The Firm has also provided labor advice to the City on several other labor- related matters. City of Homestead - General labor representation of City. City of Lauderhill - General labor representation for several years. A member of the Firm has been outside labor counsel to the City of Lauderhill providing personnel, EEOC and other labor - related advice. Town of Medley - The Firm served as special counsel on certain solid waste and zoning matters. City of Miami - Members of the Firm currently serve and have served as special litigation counsel to the City on various occasions, including certain labor - related matters. Miami Shores Village - The Firm serves as interim city attorney and special counsel with respect to litigation arising under the ADA. City of Miramar - The Firm served as general counsel to the City of Miramar, providing general representation, including land use, litigation and labor law. City of North Lauderdale - The Firm served as special litigation/labor counsel. City of North Miami - The Firm is outside labor counsel to the City of North Miami and advises the City Attorney and staff with respect to labor, EEOC, personnel and other labor - related matters. City of Sunrise - Members of the Firm have provided outside counsel services to the City of Sunrise since 1985. Members of the Firm have represented the City in a variety of litigation and other matters. Town of Surfside - The Firm serves as special counsel for labor and EEOC matters. City of Sweetwater - The Firm served as general counsel to the City providing overall general representation, including litigation and labor law. RICHARD JAY WEISS Mr. Weiss is a shareholder in the Firm. He represents private sector and public entities in all areas of the law with emphasis on governmental relations, labor and employment matters. He has served as City Attorney for the City of Sunrise and the City of Miramar, and currently functions as City Attorney for Bal Harbour Village, the Village of Key Biscayne, the City of Homestead, the City of Aventura and Islamorada, Village of Islands. Prior to joining the Firm, he was an Assistant County Attorney for Metropolitan Dade County for seven years. Mr. Weiss' extensive experience includes litigation in both the state and federal trial and appellate courts. Mr. Weiss is an adjunct professor in the Department of Public Administration at Florida International University. He is the author of numerous publications regarding municipal dispute resolution and arbitration and is a frequent speaker on municipal law topics to groups such as the American Arbitration Association, the Florida Association of Police Legal Advisors, the Florida Public Employer Relations Association, the Florida Association of Municipal Attorneys and has lectured at the Criminal Justice Institute at Broward County Community College. PRESENT POSITION: Shareholder - Weiss Serota Helfman Pastoriza & Guedes, P.A. FORMAL EDUCATION: Tulane University (J.D., 1977) Tulane University (B.A., 1974) PREVIOUS EMPLOYMENT: 19841991 Shareholder, Fine Jacobson Schwartz Nash Block & England, P.A. 1978 -1984 Assistant County Attorney, Metropolitan Dade County Senior Attorney in Labor Law Section, Supervised all attorneys in office working on union, personnel, litigation and EEO matters. 15 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. Served as Counsel to Dade County Departments of: Employee Relations; Human Resources; Building & Zoning; Community Development; Personnel; Housing /Urban Development; Economic Development; and Planning Counsel to Dade County Legislative Delegation (Lobbyist for Dade County) Counsel to: Fair Housing Appeals Board Miami International Airport (Labor, Personnel & EEOC Matters) Zoning Appeals Board Port of Miami (Labor, Personnel & EEO Matters) Jackson Memorial Hospital (Labor, Personnel & EEO Matters) South Florida Sports Authority South Florida CETA Consortium Water and Sewer Board HUD Advisory Board Minimum Housing Appeals Board Dade County Sports Authority Dade County Public Health Trust PROFESSIONAL ACTIVITIES: Adjunct Professor, Florida International University, Department of Public Administration Advisory Labor Counsel, Broward County Professional Fire Administrators Association General Counsel, South Florida Chapter of the International Personnel Management Association Published pamphlets and articles on topics such as Due Process, AIDS in the Workplace, Alternative Dispute Resolution, the Fair Labor Standards Act, Privatization and Veterans Preference Labor Law Committee Co- Chairperson, The Florida Bar, Local Government Section Editor, Stetson University Governmental Law Symposium Chairman, Steering Committee, Florida International University Institute of Government Director, American Bar Association, Young Lawyers Division 16 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. CIVIC ACTIVITIES: Haven Center (Home for Retarded) Board of Directors Dade Public Education Fund Board of Directors Dade County Public Health Trust Member, Board of Trustees Jackson Memorial Foundation Past Chairman 17 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. JOSEPH H. SEROTA Mr. Serota is the senior litigator and a shareholder in the Firm. He has extensive experience representing private and governmental entities throughout South Florida in litigation matters relating to race and sex discrimination, breaches of contract, labor, elections, tort claims, land use and various other causes of action. Mr. Serota is also an accomplished appellate lawyer with numerous reported opinions to his credit. Among his many successful defenses are the cases of Rodriguez v. City of Hialeah, 716 F.Supp. 1428 (S.D. Fla. 1989); F.O.P. v. City of Hialeah, 815 F.2d 631 (11th Cir. 1987); Chernov v. City of Hollywood, 819 F.Supp. 1070 (S.D. Fla. 1993); and Burger King Corp. v. Lee, 766 F.Supp 1149 (S.D. Fla. 1991). These cases presented issues of federal discrimination and state constitutional law. Mr. Serota has an extensive commercial litigation background representing such companies as Barnett Bank of South Florida, Florida Memorial College, Michelin Tire & Rubber Corporation, American Bankers Life Assurance Company, City National Bank, IBM and various major municipalities throughout South Florida. Supplementing his legal experience, Mr. Serota is past chairperson of the Metropolitan Dade County Community Relations Board and previously served as a member and ultimately chairperson of the Miami -Dade County Independent Review Panel from 1986 through 1989. The Independent Review Panel is the organization created by the Dade County Commission to review citizen complaints against county employees, including the Metro -Dade police. As chairperson of that organization, Mr. Serota was personally involved in the investigation, evaluation and public hearings of numerous complaints against Metro -Dade police officers and other county employees. PRESENT POSITION: Shareholder - Weiss Serota Helfimn Pastoriza & Guedes, P.A. FORMAL EDUCATION: University of Miami (J.D., 1978) Princeton University (A.B., 1975) 18 WEISS SEI OTA HELFMAN PASTORIZA & GUEDES, P.A. EXPERIENCE: Counsel To: City of Aventura City of Boca Raton City of Hialeah City of Hollywood City of Miami City of Miramar City of North Lauderdale City of Sunrise City of Sweetwater Broward County Bal Harbour Village Village of Key Biscayne Housing Authority of the City of Lakeland PREVIOUS EMPLOYMENT 1989 -1991 Shareholder, Coffey, Aragon, Martin, Burlington and Serota, P.A 1978 -1989 Shareholder and Associate, Fine Jacobson Schwartz Nash Block & England, P.A. PROFESSIONAL ACTIVITIES: Member, The Florida Bar President, Dade County Bar Association, 1996 -1997 Member, Board of Governors of The Florida Bar, 1988 -1993 Director, Dade County Bar Association, 19841987 Member, Board of Governors of the Florida Bar, Young Lawyers Section, 1980.1983 Member, American Bar Association 19 WEISS SEROTA HELFMAN PASTOI3IZA & GUEDES, P.A. CIVIC ACTIVITIES: Member, Metropolitan Dade County Community Relations Board, 1991 - present; Executive Board, 1992 -1996, Chairperson 1995 -1996 Member, Vice Chairperson and Chairperson of the Metropolitan Dade County Independent_ Review Panel, 1986 -1989 Member, Citizens' Task Force, appointed by the Dade County Commission to recommend changes to the Independent Review Panel, 1989 President, Princeton Club of South Florida, 1988 -1990 Schools Committee Chairman, Princeton Club of South Florida, 1985 -1987 Author of numerous articles appearing in the Viewpoint and editorial sections of the Miami Herald and the editorial page of the Miami News, 1981 -1989 Commissioner, South Miami -Coral Gables Khoury League Baseball Team, 1994 - present Member, Mayor's Transition Team, City of Miami, 1994 -1995 20 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. STEPHEN J. HELFMAN Mr. Helfman is a shareholder in the Firm practicing in the areas of real estate, zoning, growth management, subdivision law and land development. Mr. Helfman serves as special real estate /zoning counsel to public companies including, NBC/WTVJ, BellSouth Mobility Inc and Office Depot, Inc. He also serves as counsel for the Bal Harbour Village, and the Village of Key Biscayne, providing advice on land use, building and zoning matters. He has extensive experience with the State of Florida Growth Management Act and has been extensively involved in the preparation of local government comprehensive plans and the adoption of municipal ordinances including land development regulations implementing those plans. Mr. Helf nan has served as a member of the City of Coral Gables Planning and Zoning Board and has been a guest lecturer to the City of Miami Planning Advisory Board and the City of Miami Zoning Board on issues of growth management. Mr. Helfinan has a Masters of Law in real estate finance and development. He is a member of the American Academy of Trial Lawyers with extensive experience in public and administrative hearing processes. PRESENT POSITION: Shareholder - Weiss Serota Helfinan Pastoriza & Guedes, P.A. FORMAL EDUCATION: University of Miami (LL.M., 1983) Nova University (J.D., 1982) Tulane University (B.A., 1979) EXPERIENCE: Counsel to: City of Aventura City of Homestead City of Sunrise City of Sweetwater Bal Harbour Village City of Miramar 21 WEISS SEBOTA HELFMAN PASTORIZA & GUEDES, P.A. PREVIOUS EMPLOYMENT: 1983 -1991 Shareholder and Associate, Fine Jacobson Schwartz Nash Block & England, P.A. Member, City of Coral Gables Planning and Zoning Board Lecturer, City of Miami Planning Advisory Board and City of Miami Zoning Board Author, "Consistency After Machado" - Florida Bar Journal, 1989 Member, Dade County Bar Association Member, The Florida Bar Member, American Bar Association Member, American Academy of Trial Lawyers Member, Florida Planning and Zoning Association CIVIC ACTIVITIES: Member, City of Miami Mayors Economic Advisory Council Member, Anti- Defamation League Civil Rights Committee Member, Executive Board, City of Miami Multi - Ethnic Interaction Program 22 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. GILBERTO PASTORIZA Mr. Pastoriza is a shareholder with the Firm. He specializes in the representation of housing authorities, zoning, land use, real estate and municipal representation. He has an engineering degree and prior to entering law school, was a real estate developer with expertise in telecommunications matters. He is a frequent speaker on Hispanic radio and television. PRESENT POSITION: Shareholder - Weiss Serota Helfinan Pastoriza & Guedes, P.A. FORMAL EDUCATION: Nova University (J.D., Magna Cum Laude, 1987) University of Florida (B.S., 1971) EXPERIENCE: Counsel to: City of Aventura Bal Harbour Village City of Homestead City of Miramar City of Sweetwater The Hialeah Housing Authority The Housing Authority of the City of Lakeland PREVIOUS EMPLOYMENT: 1988 -1990 Associate, Fine Jacobson Schwartz Nash Block & England, P.A. 1986 Law Clerk, Honorable Mario Goderich, Circuit Court Judge for the Eleventh Judicial Circuit (September to December) 1986 Law Clerk, Civil Division, Circuit Court for the Eleventh Judicial Circuit (Summer) 1980 -1985 Owner, Latin American Communications Engineering, an Engineering Consultant Firm 23 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. 1972 -1979 Telecommunications Engineer, Southern Bell Telephone nnl%Y,T"VCITl%lkr • T ♦ dIrWTWV7Vmrr4c4 Member, Cuban American Bar Association Member, Association of Cuban Engineers Member, The Florida Bar Member, Dade County Bar Association Member, Metropolitan Dade County Sister City Committee /San Jose, Costa Rica Member, Miami -Roads Neighborhood Civic Association 24 WEISS SEIZOTA HELFMAN PASTOHIZA & GUEDES, P.A. EDWARD G. GUEDES Mr. Guedes is a shareholder with the Firm. He has concentrated his practice in the areas of employment discrimination and governmental litigation. Mr. Guedes also has extensive experience with the implementation and application of the Americans with Disabilities Act ( "ADA ") and Family and Medical Leave Act ( "FMLA "). Mr. Guedes lectures frequently to municipal and county employees in the fields of ADA, FMLA and worker's compensation. In addition to his legal experience, Mr. Guedes has been heavily involved in working with the Greater Miami Chamber of Commerce and various non -profit cultural organizations in Miami, including serving on the Board of Trustees for Business Volunteers for the Arts, participating in the Chamber's Drug Free Workplace Committee, and serving as Co- Chairman of the Cultural Diversity in the Arts Subcommittee of the Cultural Action Committee of the Chamber. Mr. Guedes has been appointed by the Dade County Board of Commissioners to serve on the Miami - Dade County Independent Review Panel and currently serves as its Chairperson. PRESENT POSITION: Shareholder - Weiss Serota Helfman Pastoriza & Guedes, P.A. FORMAL EDUCATION: Harvard Law School (J.D. 1988) Amherst College (B.A., Magna Cum Laude, 1985) EXPERIENCE: Special Counsel To: Hialeah Housing Authority The Housing Authority of the City of Lakeland Bal Harbour Village City of Hialeah City of Hollywood City of Homestead City of Lauderhill City of Miami City of Miramar City of Sweetwater Broward County Village of Key Biscayne Village of El Portal 25 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. PREVIOUS EMPLOYMENT: 1990 -1992 Associate, Coffey, Aragon, Martin & Burlington, P.A. 1988 -1990 Associate, Fine Jacobson Schwartz Nash Block & England, P.A. PROFESSIONAL ACTIVITIES: Member, American Bar Association Member, Dade County Bar Association Member, Cuban American Bar Association Member, American Bar Association, Section of Patent, Trademark and Copyright Law Member, American Bar Association, Forum on the Entertainment and Sports Industries Member, The Florida Bar, Entertainment, Arts and Sports Law Section Member, National Hispanic Bar Association, 1988 -1990 CIVIC ACTIVITIES: Member, Drug Free Workplace Committee, Greater Miami Chamber of Commerce, 1989 -1990 Panel Member, "Minorities in the Legal Profession," St. Thomas Aquinas University School of Law, 1989 Trustee, Board of Trustees, Business Volunteers for the Arts, 1989 -1993 Member, Cultural Action Committee, Greater Miami Chamber of Commerce, 1989 -1991 Co- Chairman, Cultural Diversity in the Arts Subcommittee, Cultural Action Committee, Greater Miami Chamber of Commerce, 1990 President, Amherst College Alumni Association of South Florida, 1990 -1992 Member, Metropolitan Dade County Independent Review Panel, 1995- present; Vice 26 WEISS SEKOTA HELFMAN PASTORIZA & GUEDES, P.A. TO: Mayor & City Commission DATE FROM:Charles Scurr UBJECT City Manager fa4� September 1, 1998 Agenda # 41 Commission Meeting September 1, 1998 Public Works' Wireless Link to Computer Network Repair The purpose of this memorandum is to recommend the approval of a contract with Innovative Network Management (INM) to complete the wireless link to the computer network. The disbursement of $1,725.00 will be charged to account number 001 - 2100 - 519.6340, Operating Equipment. The balance on this account is $9,047.66. The Public Works Department is connected to the City computer network via a wireless link. Other methods of connections, such as fiber optic cable, were prohibitively expensive. It is necessary to connect Public Works to the network for E -Mail, communications and data back -up purposes. The link with Public Works was lost during a recent storm and cannot be reconnected without a complete recalibration. Bids were sought from a number of companies but only INM submitted a bid that included a warranty for the work, which is an essential requirement. Approval is recommended. I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 DISBURSE THE SUM OF $1,725 FOR THE REPAIR OF THE PUBLIC 5 WORKS WIRELESS CONNECTION LINK TO THE COMPUTER 6 NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT 7 NUMBER 001 - 2100 - 519.6430 OPERATING EQUIPMENT. 8 WHEREAS, the Public Works wireless connection link to the computer network was 9 broken and in a need of repair; and 10 WHEREAS, Innovative Network Management was the only company that provided an 11 all - inclusive quote offering a repair with a warranty; 12 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 14 Section 1. The City Manager be, and is hereby authorized to disburse the sum of 15 $1,725.00 for the solution of the wireless connection link problem., 16 • Parts and labor ............................................................................... ............................... $1,500.00 17 • Travel expenses ................................................................................ ............................... $225.00 18 Section 2. The disbursement shall be charged to Account Number 001 -2100- 19 519.6430 Operating Equipment. 20 Section 3. This resolution shall take effect immediately upon approval. 21 PASSED AND ADOPTED this 22 23 24 ATTEST: 25 26 CITY CLERK 27 READ AND APPROVED AS TO FORM 28 29 CITY ATTORNEY day of APPROVED: MAYOR 1998 r KUM : 1 NNUVH 11 VI= Nt I WUHK MNU I 177 HHUNE NU. : �3I J 2JJ V_I2 r r Jul. 1,.J I'L 8 aJ : 11 HM HI 3507 Frozdage Read &dte 160 Phone: (813) 9-7776 Fax: (s I3) 289 -022 To: Maven Kabola From: Lee Brand Fax: 305-663-0457 ftgo e I Pb ne: onto 7110M Re: Wireless Links Repair CC: UFoent For Review ❑ Please Comment 0 Pose Reply ❑ Please Hyde Sloven, innovative Ne work Management will fix the wireless link problem and maintain the links operation for one year including parts and labor for $1,500.00 plus $225.00 for travel expenses. Acts of God will not be covered under this offer. That is to say, if another hurricane such as Andrew bits your city we will not replace your system for free. Please rote the new address when you send your purchase: order to us Thanks in advance, VL Lee Brand 06/29/98 11:22 ^05619975935 JADE COMMUNICATI FAX COVER SHEET Please deliver this FAX to: NAME: FIRM: FAX #: Slavin Kobala City of South Miami 305 663 -0457 From: NAME: Mike O'Heam Operations Manager Comments: Slavin here is the re -fax of quote per your request, along with my response to Your latest fax. If you have any guestions, please feel free to give me a call. Total Number of pages including this cover sheet: Date: 06/29/98 Time: 11:23 AM If you do not receive all pages please call back for re- transmission 6610 E. ROGERS CIRCLE BOCA RATON, FLORIDA 33497 (561) 997 -8552 FAX(561)997-"35 Z001/003 06/29/96 11:23 nntP- Q .ii jnp 1 QQR 125619975935 JADE COMMUNICATI 10uu2iUU3 PROPOSAL NO: 7403 SUBMITTED TO: Slavin Kobala Company Name & Address: Job Location: City of South Miami Public Works Bldg SW 72 "d Street South Miami, FI Coral Gables, FL Phone Number: 305 663 -0199 1 Fax Number_ 305 663 -0457 We hereby submit specifications and estimates tar: provlcle equipment ana labor to raise antenna for wirless data link on Public Works tower 25 feet up tower per Lucent Technologies Technician. Cable will be LMR 600 which is lowest loss cable available. Radios at Senior Center will be separated per recommendation of Lucent Technician. If waveamps are required, the additional charge each will be $660.00 each side of link. We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of NINE HUNDRED TWENTY FIVE DOLLARS & 27I100'S Balance due upon receipt of invoice. All material is guaranteed to be as specified. All work above to be completed in a skillful manner according to standard practices. Any alteration or deviation from above specifications involving extra cost, will be executed only upon written orders, and will become a 7 & M" extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. No permit fee's or bonding is included in this quotation. This proposal subject to acceptance within thirty days and is void hereafter at the option of the undersigned. Florida License 680000112 AUTHORIZED SIGNATURE Date ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date 6610E. ROGERS CIRCLE ° BOCA RATON, FLORIDA 33487 ° (561) 997,8552 -FAX (561) 497 -5935 06/29/98 11:23 $5619975935 JADE COMMUNICATI IM003i003 June 29, 1998 Slavin Kabala City of South Mami RE: Link to PublicWorks Dear SlavK In response to your fax from 6- 24 -98, I have read your comments, and am responding. I will be more than happy to re -fax the adjusted quote. You need to be made aware, that the link from the senior center to the public works building was aimed using our spectrum analyzer, and then we found that it could be peaked further, using the signal quality tool in the software. The adjustment of the antennae at that distance is so minute, that your software indicators are much more reliable than the analyzer, The analyzer was very useful in the original aim, but is not sensitive enough for our final pealing. Although I agree that it would be great to raise the antenna up the tower at the Public Works end of the link, the "fix" for your problems were determined by the Lucent technician that came to your site. I have given you a quote to repair your service problems according to his recommendation which you forwarded to me via fax, and that is how I based my scope of work I will guarantee to you that if line of site is the only problem that is causing your system to malfunction, that this will fix the problem. However, if your feeling that the other people that you have spoken to are more qualified to repair your problems, and will give you a guarantee that Ibis raising of the antenna will correct it without further expense, maybe it would be better that you go ahead and allow them to do this work I have based my pricing on work that you requested. In spite of all of the trips I have made to your site, and the free labor that my company has invested to try to make this product perform to your expectations, I feel that we have been more than. supportive to your service needs, It was our recommendation in the first place that the antenna at Public works be mounted as high on the tower as it could go. The cable ordered with the equipment would not accommodate this. Mike O'Hearn Operations Manager Cc: 7403 6610 E. ROGERS CIRCLE ■ BOCA RATON, FLORIDA 33467 ■ (561) 997 -8552 ■ [800) 783 -8813 ■ FAX 1561) 997 -5935 - CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM To: Mayor and City Commission Charles Scurr, City ager From: Earl G. Gall Date: August 27, 1998 Re: Revised solid waste ordinance This memorandum transmits the revised solid waste ordinance. Section 8 (creating Sec. 11 -8) was revised to provide that solid waste contracts between haulers and customers shall not be for a term of more than three years, rather than one year. Section 24 was revised to create a "grandfather" clause to protect existing contracts between haulers and customers for no more than one year, where the hauler is unable to qualify for a city franchise. Recommendation: Approval of the revised solid waste ordinance. 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; RESERVING TO THE CITY THE POWER TO REVOKE FRANCHISES; PROVIDING FOR NON - TRANSFEREBALITY OF FRANCHISE, LIMITATION OF CONTRACT, APPLICATION PROCEDURE, FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, CITY MANAGER TO PROMULGATE REGULATIONS, SCHEDULES AND ROUTES, TERMINATION, ENFORCEMENT AND ADMINISTRATIVE FINES, AND MUNICIPAL COLLECTION SERVICE; REPEALING SECTION 11 -1, DEFINITIONS, AND SECTION 11 -3, PERMIT REQUIRED FOR COLLECTION, TRANSPORT AND DISPOSAL; RENUMBERING SECTIONS 11-2 AND 11 -4 THROUGH 11 -11; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances provides that all garbage, trash and refuse accumulated within the city shall be collected, conveyed and disposed by the Public Works Department or a private licensed refuse collection firm; and, WHEREAS, the Mayor and City Commission deem it to be in the public interest to continue providing residential collection of municipal solid waste by the Public Works Department, to discontinue providing commercial solid waste collection and to provide for the issuance of non - exclusive franchises to qualified commercial solid waste haulers. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 11 -2 is amended and renumbered as Section 11 -1 to read: Sec. 11 -1. Collection of garbage and solid waste 4 in the City. Page 1 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 2 All garbage, tr-agL Aad refuse and solid waste accumulated within the City 3 limits shall be collected, conveyed, and disposed of by and through the 4 d °r°4 °n* of pQbUG w^ Public Works Department of the City or a private 5 1io-e-aw-d franchised refuse collection firm. No person, firm or corporation 6 shall, for a fee, collect and dispose of or transport over the city streets any 7 garbage, u;;4 ;wd refuse and solid waste except as provided in s04iQ44 I I � s ballo;A this chapter. 9 10 Section 2. Section 11 -2 is created to read: 11 12 Sec. 11 -2. Franchise Required. 13 14 It shall be unlawful for any private person, firm or corporation to engage in the 15 business of collecting garbage or solid waste within the City, without a valid 16 franchise from the City. It shall be unlawful for an owner or lessee of any 17 commercial property located within the City to contract with a person to 18 collect garbage or solid waste in the City unless the person possesses a current, 19 valid franchise from the City. 20 21 Section 3. Section 11 -3 is created to read: 22 23 Sec. 11-3. City Commission Authorized To Grant Franchise. 24 25 (a) The City Commission is authorized, from time to time to grant one or more 26 non - exclusive franchises granting the right and privilege to operate a 27 garbage and trash collection system in, upon, over, and across the present 28 and future streets, alleys, easements and other public places of the City for 29 the purpose of collecting garbage and trash solely from commercial 30 establishments as defined in this chapter, which desire these services within 31 the limits of the City. 32 33 (b) The franchisees shall be granted by Ordinance, and only after the applicant 34 for the franchise has filed with the City Clerk, an application, and such 35 other documentation as may reasonably be required to establish that the 36 applicant meets all of the requirements of this chapter. 37 38 (c) The franchises shall initially be granted a period of three years, and shall 39 be renewable thereafter, for successive periods of one year upon Page 2 of 19 Underscored words constitute the amendment proposed. 8ua;gtniak words are deleted. Remaining provisions are now in effect and remain unchanged. 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 application of the franchisee and approval of the application by the City Commiccinn Section 4. Section 11 -4 is created to read: See. 11 -4. Definitions. Biohazardous Waste shall mean any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non - liquid human tissue and body parts; laboratory and veterinary waste which contains human- disease - causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. Biological Waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazards waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. City shall mean the City of South Miami, Florida. Commercial Establishments shall mean any business establishment of any nature or kind whatsoever other than a residential unit. Director shall means the Director of Public Works. Garbage shall mean every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking and detailing in, or storage of, meats, fish, fowl, fruit, or vegetables, and decay, putrefaction and the generation of noxious of offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ carrying insects. Garbage Can or Container shall mean a container made of galvanized metal, durable plastic on other suitable material of a capacity not less than ten gallons and not to exceed thirty gallons approved for use by the City Manager or his designee. Such container shall have two handles upon the sides thereof, or a bail by which dirt may be lifted, and shall have a tight fitting solid top. Page 3 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 2 Gross Receipt shall mean the entire amount of fees collected by a 3 franchisee, exclusive of state sales taxes provided by law from any person 4 within the City for garbage, hazardous, industrial, biomedical, biological, or 5 solid waste; construction and demolition, debris, trash, lifter refuse, and/or 6 rubbish collection, removal and disposal. 7 8 Hazardous Waste shall mean solid waste, or a combination of solid wastes, 9 which, because of its quantity, concentration, or physical, chemical, or 10 infectious characteristics, may cause, or significantly contribute to an increase 11 in mortality or an increase in serious irreversible or incapacitating reversible 12 illness or may pose a substantial present or potential hazard to human health 13 or the environment when improperly transported, disposed of, stored, treated, 14 or otherwise managed. i 16 Industrial Waste shall mean any and all debris and waste products 17 generated by manufacturing, food processing (except restaurants), lan d 18 clearing, any commercial shrubbery or tree cutting, building construction or 19 alteration (except do- it- yourself home projects) and public works type 20 construction projects whether performed by a government unit or by contract. 21 22 Infectious Waste shall mean those wastes which may cause disease or may 23 reasonably be suspected of harboring pathogenic organisms. Included are 24 wastes resulting from the operation of medical clinics, hospitals, and other 25 facilities producing wastes which may consist of, but are not limited to, 26 diseased human and animal parts, contaminated bandages, pathological 27 specimens, hypodermic needles, contaminated clothing, and surgical gloves. 28 29 Loose Refuse shall mean any refuse, either garbage or trash stored in and 30 collected from any type of container other than a mechanical container or 31 garbage can. Refuse which is collected from the ground is considered loose 32 refuse. 33 34 Mechanical Container shall mean and include any detachable metal 35 container designed or intended to be mechanically dumped into a 36 loader /packer type of garbage truck used by the franchisee. 37 38 Performance Bond shall mean the form of security approved by the City 39 and furnished by the franchisee as required as a guarantee that the franchisee Page 4 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 will execute the work in accordance with the terms of this chapter and will pay 2 all lawful claims. 3 4 Recyclable Materials shall mean those materials which are capable of 5 being recycled and which would otherwise be processed or disposed of as solid 6 waste. 7 s Refuse shall mean both rubbish and garbage or a combination or mixture 9 of rubbish and garbage, including paper, glass, metal and other discarded 10 matter, excluding recyclable materials. 11 12 Refuse Regulations shall herein refer to regulations prescribed by the City 13 together with such administrative rules, regulations and procedures as may be 14 established under or pursuant to this Chapter. 15 16 Solid Waste shall mean refuse, yard trash, clean debris, white goods, 17 special waste, refuse, or other discarded material. 18 19 Special Waste shall mean solid wastes that can require special handling an d 20 management, including, but not limited to, asbestos, whole tires, used tires, 21 used oil, lead -acid batteries, mercury lights and biological wastes. 22 23 Section 5. Section 11 -5 is created to read: 24 25 Sec. 11 -5. Franchise Not To Constitute Property Right. 26 27 No franchise granted pursuant to this chapter shall be deemed the property of 28 the holder thereof. 29 30 Section 6. Section 11 -6 is created to read: 31 32 Sec. 11 -6. City's Power To Revoke Franchise, Amend Regulations. 33 34 (a) The City reserves unto itself the power to revoke all franchises granted 35 pursuant to this chapter, to change or limit the rights granted, or to 36 otherwise modify the franchises, in its sole discretion, by ordinance duly 37 enacted by it. Such action shall not be deemed a taking of a property, 38 contract, or other right of any franchisee, it being the express intention of 39 this chapter to reserve unto the City, the power, in its sole discretion, to Page 5 of 19 Underscored words constitute the amendment proposed. 9—o-rswigk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 alter the methods of garbage collection employed in the City, and the 2 manner in which to service garbage collections delivered within the City. 3 4 (b) The City further reserves the power to amend this chapter from time to time 5 at the sole discretion of its City Commission, and shall not be estopped to 6 do so, notwithstanding the grant of any franchise or franchises to any 7 ep rson. 9 Section 7. Section 11 -7 is created to read: 10 11 Sec. 11 -7. Non - Transferability. 12 13 Franchises shall be non - transferable. Any attempt to transfer legal, equitable 14 or beneficial interests in any franchise shall render it void. 15 16 Section 8. Section 11 -8 is created to read: 17 18 Sec. 11 -8. Limitation of Contract. 20 No contract for the collection of garbage or trash within the City shall be for 21 a term in excess of three years, or contain any provision for the automatic 22 renewal of the contract. 23 24 Section 9. Section 11 -9 is created to read: 25 26 Sec. 11 -9. Application Procedure. 27 28 Any person desiring a non - exclusive franchise to collect garbage or trash 29 within the City from commercial establishments shall file an application with 30 the City Manager. The application shall be on such form as the City Manager 31 may promulgate which shall at minimum include the following information. 32 33 (a) The applicant's name, address, and telephone number. In the case of an 34 applicant having more than one office within Dade County, the applicant 35 shall designate a primary office from which accounts in the City will be 36 serviced, and the address and telephone number of all offices within Dade 37 County which are supervisory to the office serving the City. 38 39 (b) Evidence of insurance meeting the minimum requirements set forth in this 40 chapter. Page 6 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 2 (c) A complete list of the vehicles which will be used to service accounts in the 3 City. This list shall include the year, make, model number and license plate 4 number of each vehicle. 5 6 (d) Evidence that proposed franchisee has obtained all required county, state 7 and federal licenses or permits required to engage in the business of 8 garbage or solid waste collection. 9 10 (e) Evidence that the proposed franchisee has made arrangements to dispose 11 all garbage and solid waste collected by it outside the City limits, in a 12 facility designed and licensed for the disposal of garbage and solid waste 13 and which meets all requirements of law. 14 15 (f) The name, address, business telephone and home telephone of one or more 16 responsible managerial employees who may be contacted by the 17 appropriate City officials in the event of an emergency. 18 19 (g) If the applicant is other than a natural person, sufficient information to 20 identify the shareholders, partners or other persons holding any legal or 21 beneficial interest in the applicant in the excess of ten percent (10 %). 22 23 (h) A performance bond in the amount of $100,000, with good and sufficient 24 sureties conditioned upon the compliance of the terms of this Chapter and 25 such form as the City Attorney may require. 26 27 Section 10. Section 11 -10 is created to read: 28 29 See. 11 -10. Fees; Reporting Requirements. 30 31 (a) Franchise Fee. 33 (1) In order to compensate the City for the use of its streets, alleys, roadways 34 and other property, and for wear and tear, each franchisee shall pay the 35 City an annual fee of $5,000. In addition the franchisee shall pay to the 36 City, a franchise fee of 15% of the franchisees' gross receipts from 37 accounts within the City serviced by franchisee. 38 39 (2) This fee shall be in addition to any occupational license taxes levied by the 40 City upon the franchisee's business activities. Page 7 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 2 (b) Reporting Requirements; Fee For Underpayment. 3 4 (1) Each franchisee, by accepting the franchise, shall agree to deliver to the 5 City Finance Department a true and correct statement of gross receipts 6 generated during the previous month from its services rendered within the 7 City on or before the last day of each month. Payments of fees shall be 8 made on a monthly basis to the City Finance Department on or before the 9 last day of each month, representing gross receipts collected the previous 10 month. The franchisee shall on or before 30 days following the close of 11 each fiscal year deliver to the director a statement of its annual gross 12 receipts generated from accounts within the City prepared by an 13 independent certified public accountant reflecting gross receipts within the 14 City for the preceding fiscal year. The permittees will allow City auditors, 15 during regular business hours after reasonable notice, to audit, inspect, and 16 examine the permittees' fiscal books and records and tax returns, insofar 17 as they relate to City accounts, to confirm the permittees' compliance with 18 this section. In the event the permittee fails to pay the full franchise fee 19 percentage of the permittee's total monthly gross receipts, the fee shall 20 bear interest at the rate of one percent per month on the outstanding 21 balance until paid and additionally the permittee shall have to pay all 22 expenses of collection, including court costs and reasonable attorneys fees. 23 24 (2) Each franchisee, by accepting the franchise, shall agree to make its books 25 and records available to the City Manger, or the City Manager's designated 26 representative for inspection or audit during normal business hours, upon 27 receipt of 48 -hours written notice. *, 29 (3) If any audit or examination discloses an underpayment to the City greater 30 than 15% of a required payment, in addition to payment of the 31 underpayment, the franchisee shall pay for the expenses of the audit and a 32 penalty equal to three times the underpayment. 33 34 (c) Information Required of Permittees. 35 36 (1) At least annually, but not more frequently than quarterly, as determined 37 by the director, each permittee shall supply the following information on 38 a form and in the manner prescribed by the director: 39 Page 8 of 19 Underscored words constitute the amendment proposed. 9vargtPwk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 (2) A listing, as of the reporting date, of the names and addresses of 2 customers, the addresses of each location served, and schedule of 3 rates charged by the permittee. 4 5 (d) Vehicle Registration Fees. Each and every permittee shall pay, in 6 addition to the fees imposed by this article, an annual vehicle 7 registration fee which shall be in the amount of $25.00 for each 8 vehicle shown on the list required to be submitted as part of the 9 application. This fee shall apply to renewals of registration as well. IM 11 12 13 14 15 Section 11. Section 11 -11 is created to read: Sec. 11 -11. Insurance. (a) Each franchisee shall maintain not less than the following insurance: 16 17 Comprehensive General Liability, $3,000,000 18 Property damage, $1,000,000 19 Automotive Liability, $1,000,000 20 Workmen's Compensation as required by law 21 Completed Operations, $1,000,000 WD 23 (b) Each policy shall name the City as an additional insured and each franchise 24 shall deliver to the City the certificate or certificates of insurance 25 evidencing the existence of the policies. Each certificate shall provide that 26 the City will be afforded a 30 -day written notice in the event of the 27 cancellation of any of the policies for any reason. The insurance shall only 28 be written by companies rated not less than B +: VI according to the most 29 recent issue of Best Insurance Rating Guide. The certificate shall be 30 submitted with a cover letter addressed to the City from the franchisee's 31 insurance agent or agents stating that they have read the provisions of this 32 section and that the insurance provided meets the minimum requirements 33 hereof. 34 35 (c) The insurance shall contain the following endorsement. 36 37 In addition to the coverage stated in the body of the policy, the policy shall 38 indemnify and hold harmless the City of South Miami, its officers, agents 39 and employees from all claims for bodily injuries to the public in and up 40 to the amount of $3,000,000.00 for each occurrence and for all damages to Page 9 of 19 Underscored words constitute the amendment proposed. Qvor-gu4wk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 the property of others in and up to the amount of $1,000,000.00 for each, 2 including costs of investigation, all expenses of litigation, including 3 reasonable attorney fees and the cost of appeals arising out of any such 4 claims or suits because of any and all acts of omission or commission by 5 the franchisee, his agents, servants, or employees, or through the mere 6 existence of the project under contract. 7 8 (d) All such policies shall be on an occurrence basis rather than a claims -made 9 basis. to 11 (e) The franchisee shall secure and maintain policies of its subcontractors. All 12 policies shall be made available to the City upon demand. The franchisee 13 shall be responsible to the City for the acts and omissions of any 14 subcontractor or persons employed by them. 15 16 Section 12. Section 11 -12 is created to read: 17 18 Sec. 11 -12. Service Standards. 19 20 All garbage and solid waste collection service provided within the City shall 21 meet the following minimum requirements: 22 23 (a) All solid waste or garbage collection shall begin no earlier than 7:00 a.m. 24 Collection shall cease no later than 6:00 p.m. In case of an emergency, 25 collection may be permitted at other times provided that the contractor has 26 received prior approval from the City Manager, to be later evidenced by a 27 written memorandum confirming the approval. Should the franchisee not 28 confirm and obtain in writing the approval to operate on an emergency 29 basis it shall be presumed that the franchisee did not obtain such approval. MCI 31 (b) All trash or solid waste collected within the City shall be transported to an 32 appropriate license dump or transfer or receiving station located outside the 33 City limits. No transfer station or the facility for the temporary storage of 34 garbage or solid waste other than the receptacles at the premises serviced 35 shall be permitted within the City. WO 37 (c) No vehicle used for the collection of garbage or solid waste shall be 38 permitted to be parked, stopped or stored within the City except for the 39 time reasonably required to empty garbage or solid waste containers at the 40 premises being served or to comply with traffic laws. The franchisee shall Page 10 of 19 Underscored words constitute the amendment proposed. 9—@;gt;44Qk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 be responsible for the maintenance of all garbage or trash containers or 2 dumpsters in a clean sanitary manner. All equipment shall be kept in good 3 repair, appearance and in a sanitary and clean condition at all times. The 4 franchisee shall have available reserve equipment that can be put into 5 service within two hours of any breakdown. Such reserve equipment shall 6 be of adequate size and capacity in order for franchisee to perform its 7 contractual duties. A list of the franchisee's equipment shall be given to s the City at the time of each annual audit. 9 10 (d) Equipment is to be painted uniformly with the name of the franchisee, 11 business telephone number and number of the vehicle in letters not less 12 than two inches high on each side of the vehicle. All vehicles shall be 13 numbered and a record shall be kept of the vehicle to which each number 14 is assigned. No advertising shall be permitted on vehicles, except of events 15 sponsored by the City. 16 17 (e) All containers used for the purpose of storing garbage shall be emptied not 18 less often than two times weekly, or more often as the City Manager 19 determines that the health and welfare public requires additional pick -ups. 20 Pick -uas shall be as evenlv spaced as possible. 21 22 (f) The franchisee shall be responsible for the condition of all containers 23 provided for the storage of garbage or solid waste. All containers used for 24 the storage of garbage or solid waste shall be sanitized and otherwise 25 maintained on a regular basis. 26 27 (g) Each garbage can, dumpster, or other container for the storage of garbage 28 shall be of such design as to prevent the infestation of the container by 29 insects or vermin. 30 31 (h) Each franchisee shall be responsible for determining the type of garbage 32 or solid waste generated by its customers and assuring the proper disposal 33 of the garbage or solid waste. By way of example, franchisees servicing 34 medical offices or buildings containing medical offices shall be responsible 35 for assuring that the used bandages, dressings, needles and the like are 36 disposed in a manner appropriate for such items. 37 38 (i) Each franchisee's solid waste collection employee shall wear a uniform 39 shirt bearing the company's name. The franchisee shall furnish to such 40 employee an identifying badge not less than two and a half inches in Page 11 of 19 Underscored words constitute the amendment proposed. 9wo;r,"ak words are deleted. Remaining provisions are now in effect and remain unchanged. 1 diameter with numbers and letters at least one inch high, uniform and type. 2 Employees shall be required to wear such badges while on duty. The 3 franchisee shall keep a record of employees names and numbers assigned. 4 The franchisee shall provide, at its expense, a suitable office located 5 within a close proximity to Miami -Dade County where telephone 6 complaints shall be received, recorded and handled during normal working 7 hours of each week and shall provided for prompt handling of emergency s complaint along with the special emergency complaints or calls. 10 (j) Each vehicle operator shall, at all times, carry a valid driver's license for 11 the type of vehicle that is being driven. 12 13 (k) The franchisee shall assure that its employees serve the public in a 14 courteous, helpful and impartial manner. The franchisee's collection 15 employees will be required to follow the regular walk for pedestrians while 16 on private property. No trespassing by employees will be allowed, nor 17 crossing the property of neighboring premises unless residents or owners 18 of both properties shall have given permission. Care shall be taken to 19 prevent damage to property including, but not limited to, garbage cans, 20 carts, racks, trees, shrubs, flowers and other plants. 21 22 (1) Franchisee shall notify all customers in writing about complaint 23 procedures, rates and regulations. A copy of the procedures and any 24 amendments or updates shall be provided to the City of South Miami. 25 26 (m)Except for servicing of dumpsters and servicing construction sites, a 27 franchisee that contracts for servicing of any property shall provide 28 garbage collection service and all related services required by the property. 29 30 Section 13. Section 11 -13 is created to read: 31 32 See. 11 -13. City Manager to Promulgate Regulations. 33 34 (a) The City Manager shall be authorized to promulgate rules and regulations 35 as he or she may deem appropriate to effectuate the requirements of this 36 chapter and to assure that garbage and trash collection in the City is 37 performed in a manner as to promote the health, safety and welfare of the 38 residence of the City. 39 Page 12 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 (b) In promulgating regulations, the City Manager shall consider the best 2 available technology for the collection of garbage and solid waste and 3 require the use of such technology as is prudent and feasible. The City 4 Manager shall also consider the nature of the establishment and particular 5 level of services required. 6 7 Section 14. Section 11 -14 is created to read: 8 9 Sec. 11 -14. Schedules and Routes. 10 11 (a) The City reserves the power to deny a franchisee's vehicles access to 12 certain streets, alleys and public way inside the City in route to the disposal 13 site where it is in the interest of the general public to do so because of the 14 condition of the streets. A franchisee shall not interrupt the regular 15 schedule or quality of service because of street closures less than eight 16 hours in duration. The City shall notify the franchisee of street closures of 17 longer duration and arrangements for service will be made in a manner 18 satisfactory to the franchisee and the City. Customers shall receive 19 reasonable notification of the schedules provided by the franchisee prior to 20 commencement of service. Notification, material, methods and frequency 21 of delivery shall be approved by the City. Only local truck routes shall be 22 used in transit, unless specifically for the purpose of collection. 23 24 (b) Storm. In case of a storm, the City Manager or his designee may grant the 25 franchisee a reasonable variance from regular schedules and routes. As 26 soon as practicable after a storm, the franchisee shall advise the City 27 Manager and the customer of the estimated time required before regular 28 schedules and routes can be resumed. 29 30 (c) Force Majeure. The performance of any act by the City or franchisee may 31 be delayed or suspended at any time while, but only so long as, either party 32 is hindered in, or prevented from, performance by acts of nature, war, 33 rebellion, strikes, lockouts or any other cause beyond the reasonable 34 control of the affected person. 35 36 37 38 39 40 Page 13 of 19 Underscored words constitute the amendment proposed. 0-argu4ir-k words are deleted. Remaining provisions are now in effect and remain unchanged. 1 Section 15. Section 1145 is created to read: 2 3 Sec. 11-15. Termination. 4 5 (a) In addition to its other powers pertaining to any franchise, the City reserves 6 the power to terminate the franchise upon a finding of the Director that a 7 franchisee has failed to comply with one or more of the requirements of 8 this Chapter. 9 10 (b) Prior to making a finding of a violation of this Chapter, the Director shall 11 notify the franchisee in writing of the deficiency and provide the franchisee 12 an opportunity to dispute the Director's findings. The Director shall 13 provide the franchisee an opportunity for an informal hearing, if requested 14 within five days of receipt of the deficiency findings. 15 16 (c) Non - payment of the franchisee of fees or failure to file the required report 17 shall be grounds for termination, after ten days written notice, without 18 hearing. 19 20 (d) Any decision of the Director under this section, with the exception of 21 paragraph (c), may be reviewed upon written request by the aggrieved 22 franchisee to the City Manager. Notice of Appeal should be filed in 23 writing with the Director no more than ten days after receipt of written 24 advice that the franchisee is terminated. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (e) The City Manager shall set the date and time for hearing the appeal. The hearing shall be held not less than fourteen or more than sixty days after receipt of the notice of appeal. The City Manager or his designee shall either affirm the decision of the Director or direct the Director to issue or reinstate the franchise, with or without conditions. Section 16. Section 11 -16 is created to read: Sec. 11 -16. Enforcement and administrative fines. (a) Any person who has not strictly complied with the provisions of this chapter shall be subject to the enforcement procedures provided in this section: (1) In the event of a violation, the code enforcement officer or any other person designated by the City Manager shall notify the alleged violator in Page 14 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 1 writing and give him or her a reasonable period of time to correct the violation. 2 If the alleged violation continues beyond the time specified for correction, the 3 City Manager shall issue to the alleged violator a notice of intent to impose an 4 administrative fine. The alleged violator may request a hearing with the City 5 Manager. All hearing requests must be made in writing. 7 (2) Upon receipt of request for a hearing the City Manager shall schedule 8 a hearing for not less than ten days from, but within 20 days of, the date of the 9 request. The City Manager shall notify the person in writing, at least five days 10 in advance, of the date, time and place of the hearing on the notice of violation. 11 If a hearing is not requested, the City Manager may impose an administrative 12 fine in accordance with the fine schedule contained in this chapter. 13 14 (3) The proceeding shall be as informal as is compatible with the essential 15 requirements of the law. At the hearing, the alleged violator shall be given the 16 opportunity to be represented by an attorney, to make a record of the hearing 17 by the use of a court reporter, to call witnesses, to present documentary 18 evidence, and to cross examine witnesses. The admission of evidence shall be 19 determined by the City Manager. Strict rules of evidence, as in courts of law, 20 shall not apply. Evidence admitted by the City Manager shall be consistent 21 with generally accepted legal principles governing the admission of evidence 22 in administrative proceedings. 23 24 (4) Within ten days of the close of the hearing, the City Manager shall 25 render a decision, in writing, determining whether or not a violation has 26 occurred and whether an administrative fine shall be imposed. The decision 27 must be based on substantial competent evidence in the record. 2s 29 (5) Upon rendering a decision, the City Manager shall file the decision with 30 the City Clerk and shall cause a true and correct copy of the order to be sent 31 by registered mail, return receipt requested, to the last known address of the 32 violator. 33 34 (6) A final decision of the City Manager may be appealed within 30 days 35 to the Circuit Court of the Eleventh Judicial Circuit of Florida in accordance 36 with the Florida Rules of Appellate Procedure. Payment of the administrative 37 fine is a condition precedent to initiating appellate proceedings and the court 38 shall not have jurisdiction to consider the appeal unless the fine is paid within 39 the time provided in subsection (b) of this section. M Page 15 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. 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 (b) Administrative fines shall be imposed in accordance with the following 1. Obstructing the code enforcement officer from performing its duties. X 5 o 00 2. The placement of containers, garbage, trash, bulky and/or industrial waste on public rights -of -way. $75.00 3. Dumpster(s) not kept in approved garbage facility. $150.00 4. Failure of commercial establishment to have in effect an agreement with a franchised waste hauler for the collection and removal of solid waste /garbage from the premises. $250.00 5. Failure to screen container. $50.00 6. Failure to remove raw or processed organic waste matter from food service establishment. $75.00 7. Failure to maintain property, sidewalk, alley, and/or public right -of- way. $50.00 8. Commercial container violation. $50.00 9. Insufficient number of approved garbage receptacles. $50.00 10. Uncontainerized garbage or miscellaneous trash in receptacle area. $75.00 11. Unauthorized disposal of garbage or trash or other waste materials consisting of industrial and bulky waste or other waste material. $500.00 12. Disposal of trash or other waste materials placed in right -of -way at other than authorized time. $75.00 13. Illegal dumping from a nonmotorized vehicle or unknown entity (i.e., dolly, wagon, or wheelbarrow). $75.00 Page 16 of 19 Underscored words constitute the amendment proposed. g#4iQk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 14. Failure of a refuse collection firm to obtain or maintain a franchise 2 while providing waste collection services. $500.00 3 4 15. Illeizal dumnin-a from an automobile. $75.00 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ✓0J 16. Illegal dumping from a noncommercial vehicle. $250.00 17. Illegal dumping from any commercial vehicle. $500.00 18. Garbage deposited at minidump site for bulky waste. $150.00 19. Use of neighborhood bulky waste transfer station by commercial establishment. $500.00 20. Impeding, salvaging, and vandalism of bulky waste minidump site $250.00 21. Trash not containerized or bundled. $75.00 22. Unauthorized bulky waste on right -of -way. $75.00 23. Garbage not containerized. $75.00 24. Litter on premises. $50.00 25. Sunken containers. $100.00 26. All other violations. $75.00 30 (c) Fines are due and payable by the violator within ten days of receipt of 31 the decision of the City Manager. Fines imposed by the City, and the cost of 32 any corrective work by the City, shall constitute a lien with equal rank and 33 dignity as a special assessment lien. 34 35 (d) In addition to other remedies provided to the City in this chapter, the 36 City may seek injunctive relief to correct a violation or to require compliance 37 with the requirements of this chapter, and the City may seek damages to 38 recover the cost of corrective work by the City. These remedies are 39 cumulative and the an action seeking a specific remedy shall not be construed 40 as an election of remedies or a waiver of other remedies available to the City. Page 17 of 19 Underscored words constitute the amendment proposed. words are deleted. Remaining provisions are now in effect and remain unchanged. Section 17. Section 11 -17 is created to read: Section 11 -17. Municipal Collection Service Each franchised collection firm shall provide containers and waste collection service to the City at the locations and in conformance with the criteria established in this section. The waste collection services for the City locations shall be performed at no cost to the City and shall be borne equally by the franchised collection firms. Container Information: Location Service Container Type Quantity Frequency of Carvira Public Works 2 cubic vds. 2 3 Citv Hall 2 cubic yds. 1 5 C.A.A. 2 cubic yds. 1 5 Palmer Park 2 cubic vds. 2 5 Murrav Park 2 cubic yds. 2 5 Section 18. Former section I1 -1, Definitions, and former section 11 -3, Permit required for collection, transport and disposal; regulation of permittees, are repealed. Section 21. Former sections 11 -4 through 11 -11 are renumbered to sections 11 -18 through 11 -25, respectively. Section 22. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Page 18 of 19 Underscored words constitute the amendment proposed. 9;,e;i;=czk words are deleted. Remaining provisions are now in effect and remain unchanged. 1 Section 23. All ordinances or parts of ordinances in conflict with the 2 provisions of this ordinance are hereby repealed. 3 4 Section 24. This ordinance shall take effect immediately at the time of its 5 passage; provided, however, that any private person, firm or corporation who 6 is engaged in the business of collecting garbage or solid waste within the City 7 under a valid, written contract entered into before the effective date of this 8 ordinance, and who is unable to qualify for a franchise from the City, may 9 continue to perform under the contract for a period of time not to exceed the 10 current term of the existing contract or one year from the effective date of this 11 ordinance, whichever is earlier. 12 13 14 PASSED AND ADOPTED this day of August 1998. 15 16 ATTEST: APPROVED: 17 18 19 20 CITY CLERK MAYOR 21 22 READ AND APPROVED AS TO FORM: 23 24 25 CITY ATTORNEY 26 Page 19 of 19 Underscored words constitute the amendment proposed. 0—ey-gwwk words are deleted. Remaining provisions are now in effect and remain unchanged. CITY OF SOUTH MIAMI W7INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: August 27, 1998 Agenda Item # From: Charles D. Scurr Re: Comm. Mtg. 09/01/98 City Manager f4on Fraternal Org. Use in the PI zoning district REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC/INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The proposed ordinance would permit the "fraternal organization or private club" use as a special use in the "PI" Public/Institutional zoning district. Currently, the South Miami Land Development Code (LDC) classifies the fraternal organization or private club use as one of the "Public and Institutional Uses." However, the LDC does not actually permit the use in the Public/Institutional zoning district. This anomaly of the LDC has created a situation where a use described as "Public and Institutional" cannot be considered as a legal conforming use in a Public/Institutional zoning district. This serves as an impediment to fraternal organization or private club uses wishing to locate in the PI district and existing uses seeking to expand their buildings. The challenges created by this situation are exemplified by the current predicament of the South Miami /Coral Gables Elks Lodge. The Lodge, located at 6304 SW 78t' Street, is a fraternal organization use located in a PI zoning district. Since the fraternal organization use is not permitted in the PI zoning district, the use is considered a legal non - conforming use pursuant to Section 20 -4.8 of the LDC, and the Lodge cannot construct an addition, which is consistent with all other aspects of the LDC, as part of its plans for renovation and landscaping. City Manager's Report: Fraternal Organization or Private Club use in PI district ANALYSIS As previously stated, the proposed ordinance would permit the fraternal organization or private club use as a special use in the PI district. Even though the LDC categorizes the fraternal organization or private club use as one of the "Public and Institutional Uses," the City should confirm that the use is consistent with the purpose and intent of the PI zoning district. Section 20 -3.1 (B)(18) of the LDC states that the PI district's purpose "is to provide for schools, governmental facilities, utilities and churches and similar uses..." Staff believes that the fraternal organization or private club use is consistent with the PI district because it is a "similar use." For example, the fraternal organization or private club use allows an organization or association of people to assemble for a common purpose much like a church. Furthermore, through their philanthropic activities, a fraternal organization or private club use can provide services to the public and City like a church, government facility, or social services agency. The fraternal organization or private club use is generally similar to other uses permitted in the PI district and can provide services to the public; however, "can" is the operative word. Therefore, it is important to note that the proposed ordinance would permit the fraternal organization or private club use as a special use. The special use process provides the City Commission with a mechanism by which to evaluate each potential fraternal organization or private club use in order to ensure that the use will be compatible with the surrounding area and the City as a whole. The special use process for the fraternal organization or private club use already includes the following specific conditions: (a) All such uses shall be located on a site of not less than one (1) net acre in area. (b) No structure shall be located less than one hundred (100) feet from any adjacent residential district. On August 11, 1998, the Planning Board and members of the public discussed the advantages of including an additional specific condition which would protect any neighboring residential areas: (c) No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. Staff believes that the above condition would help to buffer any neighboring residential areas and should be added to the LDC as a specific special use condition. Staff also believes that the City would be further protected from any potential negative impacts of allowing the fraternal organization or private club use as a special use by defining it, thereby prohibiting groups which fall outside of the definition from locating in the City of South Miami. The following definition, which is a slightly modified version of the one used by Miami -Dade County, is suggested: Fraternal Organization or private club. An organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations must be incorporated under the Laws of Florida as a non -profit corporation City Manager's Report: Fraternal Organization or Private Club use in PI district or organization and such corporation or organization's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others. On August 11, 1998, the Planning Board voted 5 -0 to recommend approval of the proposed ordinance with the condition that (1) the use be amended to separate fraternal organization from private club, allowing fraternal organization as a special use in the PI zoning district; and (2) that staff define the terms fraternal organization and private club for further consideration at the Board's next regularly scheduled meeting. On August 25, 1998, the Planning Board and planning staff resolved the issues relating to the definition and separation of the fraternal organization and private club use by agreeing on the previously discussed definition. The proposed ordinance would allow quality fraternal organizations and private clubs to locate and renovate sites in the PI district of the City of South Miami with minimal, if any, negative impacts. RECOMMENDATION: Approval with the following conditions: 1. Section 20 -2.3 of the LDC, entitled "Definitions," be amended to include the definition of the fraternal organization or private club use discussed above. 2. An additional special use condition be added to Section 20- 3.4(B)(2) of the LDC: (c) No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. Attachments: Proposed Ordinance with amendments Proposed Ordinance for first reading Excerpt of Section 20 -3.3 (D) of the LDC Excerpt of Planning Board Minutes, June 30, 1998, July 14, 1998, August 11, 1998, and August 25, 1998 City Manager's Report: Fraternal Organization or Private Club use in PI district or organization and such corporation or organization's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others. On August 11, 1998, the Planning Board voted 5 -0 to recommend approval of the proposed ordinance with the condition that (1) the use be amended to separate fraternal organization from private club, allowing fraternal organization as a special use in the PI zoning district; and (2) that staff define the terms fraternal organization and private club for further consideration at the Board's next regularly scheduled meeting. On August 25, 1998, the Planning Board and planning staff resolved the issues relating to the definition and separation of the fraternal organization and private club use by agreeing on the previously discussed definition. The proposed ordinance would allow quality fraternal organizations and private clubs to locate and renovate sites in the PI district of the City of South Miami with minimal, if any, negative impacts. RECOMMENDATION: Approval with the following conditions: 1. Section 20 -2.3 of the LDC, entitled "Definitions," be amended to include the definition of the fraternal organization or private club use discussed above. 2. An additional special use condition be added to Section 20- 3.4(B)(2) of the LDC: (c) No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. Attachments: Proposed Ordinance with amendments City Manager's Report, dated July 30, 1998 Proposed Ordinance for first reading Excerpt of Planning Board Minutes, June 30, 1998, July 14, 1998, August 11, 1998, and August 25, 1998 City Manager's Report: Fraternal Organization or Private Club use in PI district 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted a Comprehensive Plan, which included the following language concerning Public Institutional Uses: The public institutional land use category is intended to provide for public schools, municipal facilities, utilities, churches, temples, synagogues, and similar uses. Areas designated public and institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional uses on sites not so designated by this plan; and, WHEREAS, the City of South Miami adopted a Land Development Code, which included the following District Purpose Statement for the Public /Institutional Zoning District in Section 20 -3.1 (B)(18): The purpose of this district is to provide for schools, governmental facilities, utilities and churches and similar uses, with building heights and intensities compatible with surrounding districts. This district is appropriate in areas designated "Public and Semi - Public" on the city's adopted Comprehensive Plan [this land use category was amended to Public Institutional in 19971; and, WHEREAS, the Mayor and City Commission believe that many fraternal organizations and private clubs may provide charitable and valuables services, thereby contributing to the public good; and, WHEREAS, the Mayor and City Commission believe that by contributing to the public good, many fraternal organizations and private clubs may fulfill the purpose and intent of the Public Institutional land use category described by the Comprehensive Plan and the "PI" Public Institutional zoning district described by the Land Development Code; and, Proposed Ordinance with amendments I WHEREAS, the Mayor and City Commission wish to permit such 2 fraternal organizations and private clubs in all appropriate zoning 3 districts, while maintaining the ability to evaluate the compatibility 4 or appropriateness of such uses with the surrounding area through the 5 special use process; and, 6 7 WHEREAS the Mayor and City Commission define the fraternal 8 organization or private club use as: 9 10 An organization or association of persons for some common 11 purpose, such as but not limited to a fraternal, social, 12 educational or recreational purpose, but not including clubs 13 organized primarily for profit or to render a service which 14 is customarily carried on as a business. Such organizations 15 and associations must be incorporated under the Laws of 16 Florida as a non - profit corporation or organization and such 17 corporation or- organization's major purpose shall not be for 18 the purpose of serving alcoholic beverages to its members or 19 others. 20 21 WHEREAS, on August 11, 1998, the Planning Board voted 5:0 to 22 recommend approval of this ordinance; and, 23 24 WHEREAS, the Mayor and City Commission of the City of South Miami 25 desire to accept the recommendation of the Planning Board. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 28 THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 31 SECTION 1. Section 20 -2.3, entitled "Definitions," is hereby amended to 32 include the following definition: 33 34 Fraternal Organization or Private Club. An organization or 35 association of persons for some common purpose, such as but 36 not limited to a fraternal, social, educational or 37 recreational purpose, but not including clubs organized 38 primarily for profit or to render a service which is 39 customarily carried on as a business. Such organizations and 40 associations must be incorporated under the Laws of Florida 41 as a non - profit corporation or organization and such 42 corporation or organization's major purpose shall not be for 43 the purpose of serving alcoholic beverages to its members or 44 others. 45 Proposed Ordinance with amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION 2. Section 20 -3.3 (D) of the Land Development Code is hereby amended to include the following change: RrTMAT 2D-3-3 (D) SECTION 3. Section 20-3.4 (B) (2) is hereby amended to include the following: (c) No vehicular ingress nor egress shall be permitted along streets and rights- of -way bordering residential zoning districts in the City of South Miami. SECTION 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1ST day of September, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Proposed Ordinance with amendments ZONING DISTRICT USE TYPE � 0 0 0 H x H o 0 ed x PUBLIC AND INSTITUTIONAL USES Fraternal Organization S S S S S P P S 2 7 or Private Club SECTION 3. Section 20-3.4 (B) (2) is hereby amended to include the following: (c) No vehicular ingress nor egress shall be permitted along streets and rights- of -way bordering residential zoning districts in the City of South Miami. SECTION 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1ST day of September, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Proposed Ordinance with amendments CITY OF SOUTH MIAMI INTER- OFFICE MENIORANDUM To: Mayor and Cite Commission Date: July 30. 1998 Agenda Item # 17 J From: Charles D. Scurr Re: Comm. Mtg. 08/04/98 City Manager Fraternal Org. Use in the PI zoning district REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "Pl" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On April 27, 1998, Manuel A Cuadrado, the Exalted Ruler of the South Miami /Coral Gables Elks Lodge, requested that the City of South Miami consider permitting "catering services" in the "PI" Public /Institutional zoning district in order to allow the Lodge located at 6304 SW 78`h Street to operate a catering service on the premises. Mr. Cuadrado explained that the catering services were formerly operated as part of the Coral Gables Lodge, which had been sold due to the merger of the Coral Gables and South Miami Lodges.' Subsequently, the South Miami/Coral Gables Elks Lodge desired to bring the catering services to its location in South Miami. Through later discussions between the Elks and the City, it was also discovered that the proposed addition of catering services was to be coordinated with a major remodeling of the South Miami Lodge. Staffs initial analysis of the request revealed that it could not be permitted under the current regulations of the Land Development Code (LDC) because the Lodge's principal use, "fraternal organization or private club," is not a permitted use within the PI district, making the Lodge a legal nonconforming use. Pursuant to Section 20 -4.8 of the LDC. a legal nonconforming use cannot increase its nonconformity through additions, substantial renovations, or expansion of use.' 1 See attached letter addressed to Mayor and City Commission from Mr. Cuadrado. dated April 27, 1998 2 See attached excerpts of Section 20 -4.8 of the LDC. I" Reading August 4. 1998: Fraternal Organization Use Ordinance Prior to 1989, the Lodge was zoned "RNI 24- Medium Density :Multi - Family Residential District and permitted as a special use according to the zoning ordinance in effect at the time. On October 25. 1989, however, the Cite of South Miami adopted a new zoning code. entitled "The City of South Miami Land Development Code.- which contained new zoning regulations. including a new zonin <` map, based on the newly adopted Comprehensive Plan. The Comprehensive Plans Existing Land Use Map and Future Land Use Map depicted the Lodges property as Public /Institutional.' Surprisingly. although the new LDC listed the "fraternal organization or private club" use under the "Public and Institutional Uses" Category. the LDC did not list the use as a permitted use in the PI zoning district.' In order to enable the Elks Lodge to substantially renovate or request an amendment to the LDC to permit catering services. the Elks Lodge must first be a permitted use within its zoning district. There are two principal methods by which the Elks Lodge can become a permitted use: (1) amend the LDC in order to permit the "'Fraternal Organization or Private Club" use in the PI zoning district or (2) amend the LDC in order to change the Lodge's zoning district to a district which permits the "Fraternal Organization or Private Club" use. Section 20 -3.1 (13)(19) of the LDC states that the PI zoning district's purpose "is to provide for schools. governmental facilities, utilities and churches and similar uses..." The South Miami /Coral Gables Elks Lodge through its involvement with such organizations and programs as the Senior Citizens Home, the After School House, and Habitat For Humanity conducts many of the same services and activities as the uses for which the PI zoning district is intended. Furthermore, the Comprehensive Plan's depiction of the subject property's existing and future land uses as Public /Institutional, as well as the LDC's categorization of the "fraternal organization or private club" use as one of the "Public and Institutional Uses," supports the premise that the subject use should be permitted in the PI zoning district. Amending the permitted uses of the PI zoning district, however, does have potential drawbacks. Changing the permitted uses for the PI zoning district would not only affect the Lodge's property, but all PI zoning districts citywide.' Although the properties within the City's PI districts are currently occupied by schools, Metrorail, utilities, YMCA, the Girl Scout House. and the Elks Lodge and are unlikely to change, it is important to consider long term implications of zoning changes. Would the presence of fraternal organizations negatively impact PI districts? There may be fraternal organizations which are very dissimilar to the other uses permitted in the PI zoning district, or there may be PI districts where a fraternal organization or private club would not be compatible with the existing surrounding uses. Amending the Land Development Code in order to change the subject property's zoning district to a district which would permit the "fraternal organization or private club" use would also allow the Lodge to move forward with its plans to renovate and request for catering services. For example. 3The actual terminology differed, as the SLUM used Public/ Institutional and the FLUM used Public Semi - Public, but the meaning was the same. 4 See attached excerpt of the LDC. Section 20- 3.3(D), page 30. Zoning Map will be available at the meeting. I` Reading August 4. 1998: Fraternal Organization Use Ordinance the property could be zoned "RM -24" Medium Density Multi- Family Residential District. as it was prior to the adoption of the LDC. This approach is advantageous because it would not have any citywide impacts: and. perhaps more importantly, if the property were ever sold by the Elks Lodge. it would provide for more housing in the City and buffer the existing surrounding residential uses from US 1 and the adjacent "GR' general retail zoning district. Changing the subject property's zoning district, however, also has negatives. Namely, the Elks Lodge does not desire a chance to the property's zoning district because it perceives the change as "down- zoning." Additionally, due to the underlying land use, as designated by the City's Comprehensive Plan, the zoning change could not take place without an amendment to the Comprehensive Plan. which is a process requiring a minimum of six months. The Elks Lodge has reported that a six -month timeframe is too long and would disallow its plans. City staff brought the item to the Planning Board for preliminary discussion on June 30, 1998, and July 14, 1998.6 On July 14, 1998, after speaking to representatives of the Elks Lodge, the Planning Board advised staff to prepare two separate ordinances, (1) an ordinance amending the LDC in order to allow the "fraternal organization or private club" use as a special use in the PI zoning district and (2) an ordinance amending the LDC in order to permit a catering service use as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval.' An ordinance amending the LDC in order to allow the "fraternal organization or private club" use as a special use in the PI zoning district would enable the Elks Lodge to move forward with its plans to renovate and its request for catering services, provide the mechanism by which similar uses could be located in the PI district, and ensure that the Planning Board and City Commission review the appropriateness and compatibility of all such uses with the surrounding area. RECOMMENDATION: Approval to begin the public hearing process. Attachments: Proposed Ordinance for first reading Correspondence dated April 27, 1998 Excerpt of Section 20 -4.8 of the LDC Excerpt of Section 20 -3.3 (D) of the LDC Excerpt of Planning Board Minutes, June 30, 1998, and July 14, 1998 6 See attached excerpted minutes. 7 The ordinance directly related to the catering service is included in this agenda as a separate item. See Ord. No. X for specific details. 1" Reading August 4. 1998: Fraternal Organization Use Ordinance I ORDINANCE NO. 2 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 73.3 (D) OF 6 THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL 7 ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" 8 PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN 10 EFFECTIVE DATE.. 11 12 13 WHEREAS, the City of South Miami adopted a Comprehensive 14 Plan, which included the following language concerning Public 15 Institutional Uses: 16 17 The public institutional land use category is intended 18 to provide for public schools, municipal facilities, 19 utilities, churches, temples, synagogues, and similar 20 uses. Areas designated public and institutional should 21 not be used for other purposes without an amendment to 22 this plan. Zoning regulations could permit public and 23 institutional uses on sites not so designated by this 24 plan; and, 25 26 27 WHEREAS, the City of South Miami adopted a Land Development 28 Code, which included the following District Purpose Statement for 29 the Public /Institutional Zoning District in Section 20 -3.1 30 (B) (18) : 31 32 The purpose of this district is to provide for schools, 33 governmental facilities, utilities and churches and 34 similar uses, with building heights and intensities 35 compatible with surrounding districts. This district 36 is appropriate in areas designated "Public and Semi - 37 Public" on the city's adopted Comprehensive Plan [this 38 land use category was amended to Public Institutional 39 in 19971; and, 40 41 WHEREAS, the Mayor and City Commission believe that many 42 fraternal organizations and private clubs may provide charitable 43 and valuables services, thereby contributing to the public good; 44 and, 1 S` Reading August 4. 1998: Fraternal Organization Use Ordinance 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, the Mayor and City Commission believe that by contributing to the public good, many fraternal organizations and private clubs may fulfill the purpose and intent of the Public Institutional land use category described by the Comprehensive Plan and the "PI" Public Institutional zoning district described by the Land Development Code; and, WHEREAS, the Mayor and City Commission wish to permit such fraternal organizations and private clubs in all appropriate zoning districts, while maintaining the ability to evaluate the compatibility or appropriateness of such uses with the surrounding area through the special use process; and, WHEREAS, on August 11, 1998, the Planning Board voted 7:0 to recommend approval of this ordinance; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That Section 20 -3.3 (D) of the Land Development Code be, and is hereby, amended to include the following changes: SECTION 20 -3.3 (D) SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict 151 Reading August 4. 1998: Fraternal Organization Use Ordinance ZONING DISTRICT USE TYPE co 4 x O r O X O z �a m �a 0 ;0 H xl x PUBLIC AND INSTITUTIONAL USES Fraternal Organization S S S S S P P S 2 7 or Private Club SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict 151 Reading August 4. 1998: Fraternal Organization Use Ordinance I with the provisions of this ordinance are hereby repealed. 3 SECTION 5. This ordinance shall take effect immediately at the 4 time of its passage. 5 6 PASSED AND ADOPTED this 1ST day of September, 1998. 7 8 9 ATTEST: 10 11 12 13 CITY CLERK 14 15 16 READ AND APPROVED AS TO FORM: 17 18 19 20 CITY ATTORNEY 21 APPROVED: MAYOR 1" Readinu Auizust 4. 1998: Fraternal Organization Use Ordinance James .4. Cooney Secretary HAND - DELIVERED South Miami/Coral Gables Elks Lodge No. 1676 6304 S.W. 78th Street, Miami, Florida 33143 Telephone (305) 666 -2.395 Hon. Julio Robaina, Mayor Hon. Armando Oliveros, Jr., Vice -Mayor Hon. David D. Bethel, Commissioner Hon. Mary Scott Russell, Commissioner Hon. Horace G. Feliu, Commissioner City of South Miami Commission 6130 Sunset Drive South Miami, Florida 33143 Manuel A. Cuadrado Exalted Ruler April 27, 1998 H. Ridra7dSduarr Treasurer APR 2 81998 PL AMNi 1G Re: Addition To Permitted Use Schedule - For "PI" Public Institutional Zoning District Located At 6304 S.W. 78th Street Dear Commission Members: On behalf of the members of the South Miami /Coral Gables Elks Lodge, owners of the subject property, I hereby respectfully request that the City Commission consider adding "catering services" to the permitted use schedule for the "PI" Public Institutional zoning district. The nature and extent of the proposed use would be to conduct catering operations as were previously operated in the Coral Gables Lodge building which would include providing lunch for our members and other catering events both within our lodge and at other locations. The hours of operation would range from 8 A.M. to 9 P.M., and on occasions up to seven days a week. As you know, the South Miami /Coral Gables Elks Lodge is composed of more than five hundred (500) members dedicated to charitable, patriotic and community non - profit activities. We have recently appointed committees and are currently formulating plans to further our involvement with various City of South Miami community projects such as the Senior Citizens Home, After School House and Habitat For Humanity, as well the job training and placement programs. C City of South Afiami Commission April ?7. 1998 We are planning to attend the regular City Commission Meeting scheduled for Tuesday, May 5, 1998, at 7:30 P.M., and hope that you will favorably consider sponsoring the requested change at that time. In the meantime, please feel free to call me at the above number or at my office, (305) 358 -7747, Ext. 200, if you have any questions or would want to speak with any of the members of the Lodge. Thank you in advance for y Manuel A. Cuadrado Exalted Ruler cc: Charles D. Scurr, City Manager i ,� �'• T' � � "' ,1 ' .� '�^, Diana Morris, ° Deputy City Manager APR 2 8 1998 Bill Mackey, AICP, pLANINd G DNIE Cis Director of Planning & Zoning a 1 2 20-4.8 Nonconforming uses and structures. (A) General Regulations. (1) No provision of this Code shall be construed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the advent of nonconforming use status and upon which construction has been diligently carried out, actual construction being defined to include placement of construction materials in permanent position and fastened in a permanent manner. (2) Expansion, Alteration or Enlargement. (a) A building nonconforming only as to height, area or bulk requirements may be altered or extended only if such alteration or extension does not increase the degree of nonconformity in any respect. (b) Nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere. (c) A nonconforming use of a structure or land shall not be extended or enlarged by addition of other uses of a nature which would generally be prohibited in the district involved. (d) The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for use at the time of passage of this Code. (e) No nonconforming use may be expanded or increased beyond the platted lot or tract upon which such nonconforming use is located. (3) Repairs and Maintenance. (a) Nothing in this Code shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building declared unsafe or unlawful. (b) If a nonconforming structure, or portion thereof, containing a nonconforming use becomes physically unsafe, or unlawful due to lack of repairs and maintenance, and is declared by any authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with district regulations and this Code. (4) Legalization of Nonconforming Use. (a) No presently illegal use shall be deemed to have been legalized unless such use falls within a use district where the actual use is a conforming use. (b) Uses not legalized by conformity shall remain nonconforming uses where recognized. (c) A nonconforming use in violation of a provision of this Code shall not be validated by the adoption of this Code unless such use complies with the terms of this Code. (5) A use approved as a nonconforming land use shall be considered a conforming use so long as the conditions of approval are met. Supp. No. 2 102 L nr..�t ,tras L Lc 1'10 IS _ 20.4.3 6) No building or land, used for a nonconforming use. which remain vacant and unused ,`or a continuous perod of six :6) months. whether or not fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located. For a multiunit, muiti•tenant land or building which constirutes a nonconforming use, vacancy of one t 1) or more units shall have no effect on the rights of the properr, owner under this section, unless seventy -five (75) percent or more of the gross floor area shall remain vacant and unused for more than six (6) months. after which period the vacant portion shall not again be used for a noncon. forming purpose and the remaining portions of the land or structure shall be brought into conforming use within three (3) years. (7) Any business which holds an occupational license, obtained in compliance with this Code and all other applicable city regulations. shall be deemed a permitted noncon- forming use and shall be allowed to operate at the license fee in effect immediately prior to the effective date of this Code and said fee. as may be amended. (B) Nonconforming Dimensions. (1) A structure which was erected in conformance with the applicable dimensional re- quirements in effect at the time of erection but which at a subsequent date fails to conform to applicable dimensional requirements due to a change in the zoning map, in the dimensional requirements table or in the text of this Code, may continue to be used for any use permitted in the district in which it is located, subject to the require- ments of this section. (2) The following requirements shall -apply to such structures: (a) Use of such structures shall be consistent with parking standards applicable on the first date of such use: and (b) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. (C) Existence of Nonconforming Use. (1) The director of building and zoning shall make an initial determination of the exist- ence of a nonconforming use, based upon investigations and affidavits he determines to be necessary. (2) Where there is uncertainty in determining the existence of a nonconforming use, such uncertainty as to the e.Yistence of a nonconforming use shall be a question of fact to be considered by the planning board, after public notice and hearing in accordance with this Code and board rules. 3) The intermittent. temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use. 4) T: 20.4.6 SOUTH MIAMI L ND DEVELOPMENT CODE D) Nanconformmg, Lots of Record. (1) In any district in which single- family dwellings are permitted, a single- family dwelling and customar-v accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code. notwithstanding limitations imposed by other provisions of this Code. (a) Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. ' (b) This provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than for area or width, or both, of the lot conform to regulations for the district in which the lot is located. (2) In order to minimize the number of nonconforming Iots_ if two or more adjoining vacant and platted lots and/or parcels with continuous frontage on a public street in continuous ownership since the time of passage of this Code, and if either or any of such Iots or parcels individually isiare too small in any dimension to meet the yard, width and Iot area requirements of the district in which they are located, then such group of lots and/or parcels shall be considered as a single lot or several lots of such size as is necessary to met the minimum, dimensional requirements of the district. (a) No portion of said parcel shall be used or srld in a manner which diminishes compliance with lot width and area requirements established by this Code. (b) No division of any parcel shall be made which creates a lot with width or area below the requirements of this Code. (3) If any person shall have at any time after passage of this Code created a lot or parcel which fails to conform with the dimensional requirements of the district in which it is located by selling part of a lot, such sale shall have no effect for purposes of this Code and the lots and/or parcels shall still be considered as part of one (1) or more lots. (E) Nonconforming Use of Land. (1) Where at the time of passage of this Code, lawful use of land exists which would not be permitted by regulations imposed by this Code, the use may be continued so long as it remains otherwise lawful, subject to conditions provided herein. (2) Such nonconforming use of land shall be subject to the following conditions: (a) No such nonconforming use shall be eniarged or increased, nor extended to oc- cupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code: (b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use as of the effective date of this Code: tc) No additional structure not conforming to the requirements of this Code shall be erected in connection with such nonconformine use of land. 1 04 (F) Nonconforming Use of Structures. (1) Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on areas, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the conditions contained herein. (2) Such nonconforming use of structures shall be subject to the following conditions: (a) No nonconforming use may be enlarged or altered in any way which increase its nonconformity but any structure or portion thereof may be altered to decrease its nonconformity; (b) In the event that a nonconforming structure is moved for any reason for any distance whatever, such structure shall conform to the regulations for the district in which it is located after it is moved; and, (c) Any structure in which a nonconforming use is superseded by a conforming use, shall thereafter conform to district regulations, and the nonconforming use may not be resumed. (G) Damage of a Nonconforming Structure or Use. (1) If a nonconforming structure or use is damaged by more than fifty (50) percent of its replacement value, all of its. rights as a nonconforming structure or use shall be terminated. (2) If a nonconforming structure or use is damaged by less than fifty (50) percent of its replacement value, such structure or use may be repaired or reconstructed and used as before the time of damage. Such repair or reconstruction shall be started within sixty (60) calendar days of such damage and shall be completed within twelve (12) months. (H) Continuation of Nonconforming Use. (1) Except as otherwise provided herein, the lawful use of a building existing at the effective date of this Code may be continued, although such use does not conform with this Code. (2) Continuation of a nonconforming use shall be subject to such regulations as the city commission may require for immediate preservation of adjacent property prior to the ultimate removal of the nonconforming use. (I) Change in Nonconforming Use. (1) If no structural alterations are made, a nonconforming use may be changed to another nonconforming use, provided that the new use is within a higher or more restrictive classification than the original use. (2) In the event that a nonconforming use of a building is changed to a conforming use or another nonconforming use of more restricted classification. the use shall not be changed later to a less restrictive classification. Supp. No. 2 105 20-4.8 SOUTH IMIANH LAND DEVELOPMENT CODE (3) In the event that a nonconforming use is changed to another nonconforming use of more restricted classification, the prior less restrictive classification shall be consid- ered abandoned. (Ord. No. 9 -90- 1449, 6- 12 -90; Ord. No. 4-93- 1533, 6 -1 -93; Ord. No. 19 -96 -1619, §§ 3, 4, 10 -1 -96) 20-4.9 Historic preservation standards. (A) Historic and ,Archeological Sites. (1) The Secretary of the Interior's Standards for Historic Preservation Projects: with Guidelines for Applying the Standards, 1979, or as may be updated, and the Metropolitan Dade County historic preservation guidelines shall be used by the board for reviewing projects proposed for designated historic properties and sites or for properties within historic districts. (2) In addition to the above referenced federal and county guidelines, the following shall also be utilized as general standards by the board for determining structures and sites having historic or archeological significance: (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association, and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history, or (c) Are associated with the lives of persons significant in our past; or (d) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master, or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual dis- tinction; or (e) Have yielded, or are likely to yield information in history or prehistory; or (f) Are listed in the National Historic Register. (B) Demolition of Historic Structures. In addition to all other provisions of this Code, the board shall consider the following standards in evaluating applications for demolition of designated historic structures. (1) Is the structure of such interest or quality that it would reasonably meet national, state or local criteria for designation as an historic or architectural landmark? (2) Is the structure of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense? (3) Is the structure one of the last remaining examples of its kind in the area, city, county or region? (4) Does the structure contribute significantly to the historic character of a designated district? Supp. No. 2 106 20 -3.3 SOUTH MIA�INII LAND DEVELOPMENT CODE SECTION 20.3.3(D) IU31-145 I i t P = PERhIITTED BY RIGHT S = PERNIITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20 -3.4) PARK = PARKING REQUIREMENTS (See Section 20- 4.4(B)) a = No conditions were adopted Supp. No. 2 30 ZONING DISTRICT R R ft R R R R R R L M N S G I H P P C P USE TYPE S S S S T T M bi O O O R R R I R O A 1 2 3 4 6 9 1 2 N R 8 4 D K PLANNED UNIT DEVEL- OPMENT I ESIDEN- S S S S S S S S S S S S S S S S 8 TL&L USES Dwelling, Single - family P P I P P P P P P S I 17 1 Dwelling, Townhouse P P P I P S P I 17 2 Dwelling, Two - Family P P P S 17 1 Dwelling, Multi - Family P P S P I 17 3 Community Resid Home, 6 or P P P P P P P P P P 1 less Community Resid Home, 7 or P P P P 1 more PUBLIC AND INSTPTUTIONAL USES Adult Congreg Living Facil- I S S( i I S I S 13 1 ity Church. Temple or Syria. III ( I ( S I S S I S I S( I I I S I S 1 6 gogue Convalescent Home 17 I I I P I P I I P I I P I 13 Day Care Center I I P P PIP P P I P I P i P 10 (7 or more children) I Fraternal Organization or S S S S S P P 2 7 Private Club Governmental Administra- I ( p I P I P P P 10 tion Hospital I I ( I I I I I 1 S I Supp. No. 2 30 K. Staff argued that a variance did not seem like the answer. L. Mr. Wiscombe said that new zoning might alleviate Habitat for Humanity's inconsistency with the Cite. M. Staff said that the 15- and 20 -foot requirements were a good move towards consistency. He added that Habitat for Humanity provided affordable housing, which the City needs. and always increases the value of the property they replace. He felt CRA would give adequate time and attention to this issue. N. Ms. Chimelis suggested that the Board draft a letter to CRA to make this a priority. O. Mr. Pages recommended that tonight's minutes and the previous be forwarded to CRA. VI. Fraternal Organizations in the PI zoning district A. Staff recommended granting PI zoning to the Elks' Club through a special use approval because the organization operates much like a church or community organization. B. Mr. Morton recused himself because he is an Elk and might do architectural work on the Lodge depending on the outcome of the club's request. C. Mr. Pages had no objection. E. Mr. Basu asked how the property was zoned PI and what was there before. F. Staff did not know. G. Mr. Basu asked where fraternal organizations were usually allowed. H. Staff responded that most organizations were granted a special use permit for many zones including RM -24 and RS -18. I. Mr. Basu suggested that RM -24 might be a better zoning district for the property than PI. His concern was the use of the property if the property were sold. J. Mr. Pages asked staff to clarify the item. K. Staff explained that the club existed in the current zone through legal non - conformity of the PI district and that their wish to renovate their building and operate a catering a service was not permitted under those conditions. PB Min 06 -30 -98 5 L. Because of the large size of the property. residential zoninu district. N4. qtr. Pales asked 60r a clarification of catering. .,fr. Basll su�z'ested that it be changed to a N. Staff responded that it involved the preparation of food for off -site consumption. 0. Staff said that it would be best to explore changing the property's zoning to Riot -24 and asked for the Board's opinion on the catering issue. P. Mr. Pages said that it was a reasonable suggestion. Q. Mr. Basu was concerned for the impact of the catering on the nearby residences. R. Staff responded that any provisions restricting the catering can be written into the special use permit. S. Staff said the special use variance would be written and sent to the Commission for first reading. VII. Approval of minutes A. Motion: Mr. Wiscombe moved to approve the minutes from May 26, 1998 as presented. Mr. Morton seconded. Vote: Approved:6 Opp osed:0 VIII. Remarks A. Mr. Pages opened the public hearing. B. Mr. Tucker, from the audience, spoke on the telecommunication towers and the infringement on local power by the federal government it represents. C. Mr. Pages closed the public hearing. D. Staff thanked the Board for their insight when discussing the different items. 1. Mr. Pages was also pleased with the process. 2. Mr. Basu mentioned that traffic calming is another issue that should be discussed with candor. IX. Adjournment PB Min 06 -30 -98 6 4. The board briefly discussed the ordinance. V. FRATERNAL ORGANIZATIONS IN THE PI ZONING DISTRICT 1. Mr. Pages asked if anyone in the audience was present to discuss the local .planning agency. the Elks Lodge. and the Telecommunication Towers. 2. Mr. Pages suggested changing the order of the agenda and discussing the Elks Lodge. 3. Staff presented the agenda item concerning the Elks Lodge as an item for discussion. not for vote. 4. Frost Walker signed in for the record to represent the Elks Lodge in their appeal to include fraternal organizations in the PI zoning and to grant them a catering operation license. 5. Mr. Walker added that since the South Miami Elks Lodge has existed at its present location for 40 years with or without the appropriate zoning, the City might as well make the appropriate changes to officially include fraternal organizations in the PI zoning district. 6. The Public hearing was opened. No one had any comments. The public hearing was closed. 7. Mr. Basu questioned why fraternal organizations are not included in the PI zone to begin with if the Elks Lodge already exists within that zone. 8. Staff responded that the area was changed from RM -24 to PI in 1989. 9. Mr. Basu asked if anyone from the Elks Lodge had any insight on that change in order to understand the reason behind the change. 10. Mr. Basu also wanted the Elks Lodge to be more specific about the amount of catering that would take place. 11. Staff pointed out that there are single family residences across the street from the Elks Lodge that might be affected by the operation of a catering service. 12. Mr. Frost said that the Elks Lodge intended to buffer the residences with fencing and landscaping. 13. Mr. Frost also mentioned that the residential area was on the opposite side of the kitchen, where the catering would be taking place. adding that their only plan is to enhance the area not become a detriment to it. PB Min 07 -14 -98 5 14. Mr. Basu explained that a zoning decision was important beyond the intentions of the Elks because they miuht one day choose to sell the property. 15. Mr. Frost said that if the City is worried about the property being sold. they should allow the improvements to be made on their lodge. 16. Mr. Scurr asked why the Elks Lodge considers RM -24 to be down- zoning if it is less restrictive than PI. 17. Mr. Frost responded that it would be difficult to sell property surrounded by a Taco Bell and an Amoco as residential property. 18. Mr. Basu said that it is in the best interest of the City to promote housing through an RM -24 zoning rather than add a category to PI zoning. 19. Mr. Frost asked for the board to restate the status of their application. 20. Staff said that the Elks Lodge had several options in order to obtain their permit. 21. Mr. Frost said that their main concern was the catering permit and that the zoning issue was something that staff brought up. 22. Staff said that catering was not permitted in their zoning district. 23. Mr. Basu said that it was important to define the scope of the catering for concern for the residents nearby. 24. Mr. Frost responded that the improvements they wanted to make were all with the community in mind. 25. Mr. Basu was in agreement, but opined that they must take the people living around the lodge into account. 26. Mr. Pages affirmed that it was the long -term ramifications of a zoning change that concerned the board. 27. Ms. Chimelis said that the size of the kitchen would dictate the scope of the catering if that was a concern. 28. Ms. Chimelis also said that the long -term scope of the club is important. but that this zoning question was an impediment to the speed with which the club can carry out its improvements and that this was probably not the best time to change the long -term zoning. 29. Staff suggested submitting the following to the Mayor and City Commission for approval to PB Min 07 -14 -98 6 expedite the Elks request: (1) Ordinance to admit fraternal organizations in the PI zoning district (2) Ordinance to permit catering services in the PI zoning district (3) Special Use Resolution to allow- the Elks Lodge to operate a catering service. 30. Mr. Basu suggested to consider the options separately and to make the proper restrictions on the catering to keep it in check. 31. Staff reassured the Board that under a special use request all details could be articulated in order for the greatest amount of restrictions to be in place while still allowing the Elks Lodge to operate its catering service. 32. Mr. Pages ended the discussion and concluded that the path was now clear to start working on both the revision of the zoning code to allow fraternal organizations in the PI zoning district and the special use permit for catering that the Elks Lodge requested. V. Approval of Minutes (A). The Board took no vote on minutes at this meeting. VI. Remarks (A). Traffic 1. Mr. Pages inquired about the traffic situation around Shops at Sunset on Bird Road. 2. Staff responded that a group of consultants has been working on studies to alleviate the traffic problems in that area. 3. Staff said that the consultants are scheduled to make a presentation to the City Commission that will provide an overview of some possible solutions. 4. The studies are also targeted towards residential traffic flow through one way streets and/or flashing red lights for which they have received county approval. (B) Staff said that Shops at Sunset are scheduled to open on December 4 rather than October. (C) Staff said that Sunset Drive was scheduled for the end of August. VIII. Adjournment PB Min 07 -14 -98 7 SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, August 11, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages; Mr. Huggins; Ms. Chimelis; Mr. Wiscombe; Mr. Lefley B. Board members absent 1. Mr. Morton; Mr. Basu C. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Public Hearings A. ITEM: PB -98 -01 6 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Huggins read the request into the record. PB Min 08 -11 -98 1 2. Staff presented the item to the Board, stating that the ordinance would enable a fraternal organization or private club to be located in the PI zoning district, pursuant to special use approval. 3. Staff outlined important points to consider, including that only the PI zoning district would be affected and that it would be affected minimally, particularly with the safeguard of the special use process. 4. In reply to Mr. Lefley's inquiry, discussion was held in regard to changing the PI zoning of the subject property to RM -24 zoning, a district that does permit fraternal organization or private club as a special use. 5. Staff noted that the applicant does not consider this change as a viable alternative, as it would involve the time - consuming process of modifying the Comprehensive Plan and then updating the zoning code. 6. Mr. Frost Walker spoke before the Board as a representative; however, he did not sign in for the record. Mr. Walker related background information concerning the Elks Club, including the club's mission and a desire to become more involved in South Miami. 7. Mr. Walker elaborated that the ordinance, by amending the code to allow this use as a (special) use, would reflect the reality of the Elks Club's existence and intent to be an active member of the community. 8. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. Mr. Tucker began by noting that fraternal organizations have been benevolent members of the community for many years. b. Mr. Tucker asked that the City, during its consideration of the proposed ordinance, be cognizant of the future need to handle refuse produced by the activities of such organizations. c. Ms. Cathy McCann, of 5820 SW 87 Street, signed in to speak before the Board. Ms. McCann opened by stating that she was in opposition to the new ordinance. d. Ms. McCann related that the City should consider the long -term implications of permitting such uses in the City's PI zoning districts, and she opined that zoning changes should be contemplated for a purpose or use and not for an applicant. e. Ms. McCann further opined that the RM -24 zoning category would better serve the uses and the City as a whole, and she advised that this consideration, i.e., what is best for the City and not for an applicant, is what the Planning Board should deliberate. PB Min 08 -11 -98 2 f. Staff clarified for the record that it is the PI zoning district being considered and not the I zoning district. 9. Public hearing was closed. 10. The Board continued with review of the application. a. Staff stated the purpose of the PI zoning district, including providing for schools, governmental facilities, utilities, churches, and similar uses. b. Staff related that the critical point to consider is whether the uses under consideration "fall in line" with the purpose of the PI district. c. Mr. Pages asked that staff identify the properties located in the PI district individually, and staff responded that the YMCA, churches, Girl Scout, schools, Elks Club, City Hall, Metrorail, FPL substation, and the senior citizen's center JRE Lee School [note by the editor] are all located in the PI district and could be impacted by the change. d. In regard to discussion on the proposed catering use, Mr. Walker responded that catering should be considered later, under another agenda item. e. Staff noted that the Elks Club represents a legal non - conforming use and a legal non- conforming structure. f. Staff explained that a legal non - conforming use cannot expand the area of its use. g. The Board and staff discussed the history of the Elks Club property, noting that the property had been zoned RM -24 before adoption of the current Comprehensive Plan and Land Development Code. h. Discussion ensued in regard to similarity of uses, particularly involving churches and fraternal organizations, and the Board noted that they do share similar characteristics. i. In response to the Board's request, Ms. McCann spoke in regard to the history and the characteristics, noting that the zoning change from RM -24 to PI may have been done in error and that the institutions and groups, while sharing similar features, also have several dissimilarities. j. Ms. McCann asked the City to be aware of the impact the dissimilarities may have and to recognize that the history of fraternal organizations in South Miami has not always been "agreeable." k. Mr. Pages related that there are a number of issues to explore, including the consideration that the Elks Club was there prior to the zoning changes and that the obligation exists to find a PB Min 08 -11 -98 3 solution to the predicament created by the zoning changes. 1. Mr. Pages continued by noting that institutions and organizations share and provide many of the same functions and benefits, and not allowing fraternal organizations creates an "inconsistency" with allowing churches and other institutions. m. Discussion continued as to the language incorporating private clubs in the ordinance. n. Mr. Pages noted that a concern may be with the private club inclusion, and staff noted that such language may be changed, including language for special use conditions. 11. Motion: Mr. Pages moved approval of the application, (1) with the separation of fraternal organization from private club, allowing fraternal organization as a special use in the PI zoning district; and (2) with the recommendation that staff define the terms fraternal organization and private club for further consideration at the Board's next regularly scheduled meeting. Ms. Chimelis seconded the motion. 12. Vote: Approved: 5 Opposed: 0 B. ITEM: PB -98 -017 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Ms. Chimelis read the request into the record. 2. Staff presented the item to the Board, explaining that the ordinance would allow catering services as an ancillary use to a fraternal organization or private club use, pursuant to special use approval. 3. Staff noted that the catering services are specific to only those fraternal organization or private club uses in the PI zoning district. 4. Staff further noted that "negative impacts" may be involved with the inclusion of catering services, adding that such services are a limited use in the City. 5. Staff asked that the Board consider whether or not enough limitations may be imposed to sufficiently restrict the negative impacts of catering services. PB Min 08 -11 -98 4 6. Mr. Wiscombe related that he had concerns in regard to the impact catering services would have on the quality of life in residential areas closest to those districts permitting such services. 7. Staff noted that there are safeguards built into the process, including Planning Board review, City Commission approval, and possible City Manager revocation. 8. Staff asked that, as the item is presented, the Board consider it in the context of an impact citywide and not just in regard to the Elks Club. 9. Mr. Frost Walker spoke before the Board; however, he did not sign in for the record. 10. Mr. Walker elaborated on the nature of the property, noting that residential uses are within proximity, but not as close as commercial uses, including Taco Bell and Amoco on South Dixie Highway. 11. Mr. Walker maintained that identifying the subject property as residential would not be advisable with commercial uses located nearby. 12. Mr. Wiscombe spoke in regard to future catering services taking place at the property, and Mr. Walker related that the organization does not perceive such services to be a future problem for the area. 13. Mr. Walker explained that it is the organization's hope that the City will rely on its safeguards as tools to limit catering services, when such protections would be necessary. 14. As review continued, Mr. Pages reiterated that the Board consider the application on a citywide basis. 15. Public hearing was opened. a. Ms. Cathy McCann, of 5820 SW 87 Street, signed in to speak before the Board. Ms. McCann opened by emphasizing that a responsibility of the Board is to preserve the quality of life in single - family neighborhoods. b. Ms. McCann asked that as the Planning Board has voted approval on allowing fraternal organizations in the City's PI zoning districts, the Board now consider recommending that no ingress and egress occur in residential neighborhoods. c. The Board and staff noted that such a suggestion would be considered further under the remarks section. d. Ms. McCann continued by opining that the presentation just heard should have been given at another time, as it related to only one property, and that the Planning Board should consider the PB Min 08 -11 -98 5 item on a citywide basis, with respect to any business or any catering service and not just with respect to the Elks Club. e. Ms. McCann stated that she is "vehemently opposed" to allowing a business in PI zoning districts, and she questioned the City Manager's ability to revoke an approval. f. Ms. McCann closed by adding that because an organization wishes to have a business within the PI zoning district, such a desire is insufficient justification to permit it. g. Prior to closing the public hearing, Mr. Pages explained that allowing the Elks Club to proceed was done in order to "flush out" broader issues relating to catering services associated with fraternal organizations. 16. Public hearing was closed. 17. The Board continued with review of the application. a. In response Ms. Chimelis's inquiry regarding if the level of food service would be sufficient for someone without having to cater offsite or to outside interests, Mr. Walker replied that catering services are probably economically necessary for the individual performing cooking services at the Elks Club. b. Mr. Wiscombe explained that he is attempting to examine the item in regard to its impact on PI zoning districts citywide, as citizens are concerned as to the negative effects on surrounding residential areas. c. In regard to discussion on the proposed catering use, staff explained that the important question is whether or not such a use would be appropriate as an ancillary use in PI zoning districts. d. The Board and staff discussed how the Planning Board should proceed with the item, and staff noted that the City Commission is looking for input from both the public and the Board. 18. Motion: Mr. Lefley moved to disapprove the application, as presented. Ms. Chimelis seconded the motion. 19. Vote: Approved: 5 Opposed: 0 C. ITEM: PB -98 -018 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR PB Min 08 -11 -98 6 G. Ms. Chimelis surmised that, for purposes of discussion, a case would involve an establishment where easily - prepared food, such as sandwiches, would be available on a take -out basis, and yet, with limited seating, it would be possible to eat in - without being considered a restaurant. H. As discussion continued, Mr. Pages summarized a major concern of the Board as being the "watering down" of the special use process involving restaurants. I. Staff responded that additional research could be conducted on the subject, and added that there would be no "increasing" or expanding the use to new districts, that only those districts already permitting the restaurant use would be involved. VI. Approval of Minutes A. Minutes from May 12, 1998 1. Motion: Ms. Chimelis moved approval of the minutes from May 12, 1998, as presented. Mr. Wiscombe seconded the motion. 2. Vote: Approved: 5 Opposed: 0 B. Minutes from June 23, 1998 1. Motion: Ms. Chimelis moved approval of the minutes from June 23, 1998, as presented. Mr. Wiscombe seconded the :motion. 2. Vote: Approved: 5 Opposed: 0 C. Minutes from June 30, 1998 1. Motion: Ms. Chimelis moved deferral of the minutes from June 30, 1998, as presented. Mr. Wiscombe seconded the motion. 2. Vote: Approved: 5 Opposed: 0 D. Minutes from July 14., 1998 1. Motion: Mr. Wiscombe moved approval of the minutes from July 14, 1998, as presented. Mr. Huggins seconded the motion. 2. Vote: Approved: 5 Opposed: 0 VII. Remarks A. Remarks from the public a. Ms. Cathy McCann, of 5820 SW 87 Street, spoke before the Board. Ms. McCann asked that PB Min 08 -11 -98 11 the Board make recommendations to the City Commission concerning the special use process in the PI zoning district. b. Ms. McCann reiterated that, as the Board has voted to recommend approval that the fraternal organization use be permitted as a special use in the PI zoning district, the Board transmit recommendations for special use, including the prohibition of ingress and egress to and from residential neighborhoods. c. Ms. McCann also asked that the regulation on the level of noise, such as by time limits, reaching into residential neighborhoods be considered as a recommendation for special use. d. During discussion on regulating noise levels, Mr. Pages suggested that the Planning Board review and perhaps make recommendations for updating the City's noise ordinance. e. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board. In further remarks on the consideration of the deli use, Mr. Tucker cautioned the City on expanding certain uses in general and eateries in particular for various reasons, including economic concerns. B. Remarks from the Board a. In regard to earlier comments involving agenda item PB -98 -018, staff related that the City's Building Department believes the apartment building in question should be demolished due to violations of code. b. Mr. Huggins noted that the building has become a community "eyesore" and should be torn down. c. Staff related that the matter involving the apartment building, including any plans for demolition, had been granted an extension. d. Staff questioned the Board on possibly changing its meeting day from Tuesday to Monday. e. Discussion ensued in regard to changing the meeting day, and Ms. Cathy McCann, former mayor, offered that the meeting day for the Planning Board should remain on Tuesdays. f. Mr. Pages concurred with the discussions held involving agenda item PB -98 -016, fraternal organizations in PI zoning districts, including the suggestion that ingress and egress not occur in and out of residential neighborhoods, except during emergencies only. g. Mr. Pages noted that the representatives for the Elks Lodge had been present during earlier discussion of this matter, particularly when it was so recorded that the discussion would continue under the Remarks section, and yet they had since departed the meeting. PB Min 08 -11 -98 12 h. Discussion of the recommendation continued, and Ms. Chimelis emphasized that such a condition be applied "across the board ". i. Mr. Pages responded that the condition would apply to all fraternal organization usage in PI zoning districts. j. Staff explained that specific special use conditions, that are use specific, are already in place, including such conditions for churches and restaurants. k. Mr. Pages noted for the record that the Board has unanimously agreed that language, relating to the recommendation that ingress and egress associated with fraternal organizations in PI zoning districts not occur in and out of residential neighborhoods, be incorporated into final approvals. VIII. Adjournment A. There being no further business before the Board, the meeting was adjourned. B. Respectfully, 1. Chairperson 2. Board Secretary PB Min 08 -11 -98 13 To: Mayor and City Commission From: Charles D. Scurr City Manager V f", REQUEST: Date: August 26, 1998 Agenda Item # Re: Comm. Mtg. 09/01/98 s,P Catering Services Ancillary Use AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The proposed ordinance would allow catering service as an ancillary use to a fraternal organization or private club located and permitted in the "PI" Public /Institutional zoning district. On August 4, 1998, the City Commission voted 5 -0 to begin the public hearing process in order to receive public comment and further explore the surrounding issues. On August 11, 1998, the Planning Board and members of the public expressed their concerns, which included impacts on residential areas and the use's deviation from the intended purpose of the PI district. The Planning Board voted 5 -0 to disapprove the application. Staff believes that the proposal is problematic because it would introduce a commercial use to a district which basically provides for community service providers. RECOMMENDATION: Disapproval. Attachments: Proposed Ordinance approved at first reading Copy of City Manager's Report, dated July 30, 1998 Excerpt of Planning Board Minutes, June 30, 1998, July 14, 1998, and August 11, 1998 City Manager's Report: Catering Services as an ancillary use in the PI district 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20- 3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission recognize that some permitted uses within the "PI" Public /Institutional Districts may have incidental uses, which involve preparing and serving foods, as exemplified by the cafeteria of a school or museum; and, WHEREAS, on September 1, 1998, the Mayor and City Commission adopted Ordinance No. X, amending the City of South Miami Land Development Code in order to permit the "Fraternal Organization or Private Club" use as a special use within the "PI" Public /Institutional Zoning District; and, Whereas, the Mayor and City Commission wish to encourage a full range of uses, both principal and ancillary, within the appropriate zoning districts in order to enhance the diversity and quality of businesses and services provided within the City of South Miami; and, WHEREAS, in order to enhance the quality and diversity of fraternal organizations and private clubs within the "PI" Public /Institutional zoning district, the Mayor and City Commission wish to permit a "catering service" use as an ancillary use, which is clearly subordinate and coincidental, to a "fraternal organization or private club" use pursuant to Special Use Approval. WHEREAS, on August 11, 1998, the Planning Board voted 7:0 to recommend approval of this ordinance; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1" Reading August 4, 1998: Catering Services Ordinance 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 SECTION 1. That Section 20 -3.4 (B)(2) of the Land Development Code be, and is hereby, amended to include the following changes: (2) FRATERNAL ORGANIZATION OR PRIVATE CLUB (a) All such uses shall be located on a site of not less than one (1) net acre in area. (b) No structure shall be located less than one hundred (100) feet from any adjacent residential district. (c) A catering service use is permitted as an ancillary use, pursuant to special use approval and any conditions required therein, for those fraternal organization or private club uses located in the Public/ Institutional Zoning District. SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1ST day of September, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: 1" Reading August 4, 1998: Catering Services Ordinance MAYOR CITY OF SOUTH MIAMI ® INTER - OFFICE MEMORANDUM To: Mavor and Citv Commission From: Charles D. Scurr City .1 Tanager l� REQUEST: Date: July 30. 1998 Agenda Item # /� Re: Comm. Mtg. 08/04/98 Catering Services Ancillary Use AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL. PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT. AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The proposed ordinance is related to proposed Ordinance No. X, which is also included on this City Commission Agenda. As a result, the item shares much of the same background information. On April 27. 1998, Manuel A Cuadrado, the Exalted Ruler of the South Miami /Coral Gables Elks Lodge, requested that the City of South Miami consider permitting "catering services" in the "PI" Public /Institutional zoning district in order to allow the Lodge located at 6304 SW 78`h Street to operate a catering service on the premises. Mr. Cuadrado explained that the catering services were formerly operated as part of the Coral Gables Lodge, which had been sold due to the merger of the Coral Gables and South Miami Lodges.' Subsequently, the South Miami/Coral Gables Elks Lodge desired to bring the catering services to its location in South Miami. Through later discussions between the Elks and the City, it was also discovered that the proposed addition of catering services was to be coordinated with a major remodeling of the South Miami Lodge. Staffs initial analysis of the request revealed that it could not be permitted under the current regulations of the Land Development Code (LDC) because (1) the Lodge's principal use. "fraternal organization or private club.' is not a permitted use within the PI district. making the Lodge a legal I See attached letter addressed to Mayor and Cite Commission from Mr. Cuadrado. dated April 27. 1998 151 Reading August 4. 1998: Catering Services Ordinance nonconforming use. and. pursuant to Section 20 -4.8 of the LDC. a legal nonconforming use cannot increase its nonconformity through additions. substantial renovations. or expansion of use.' and. (2) a catering service is not a permitted use within the PI zoning district. Thus. a two -step process is required to approve the Lodge's request to permit catering services at its location: (1) the principal use. "fraternal organization or private club" must be a permitted use. and (2) the proposed ancillary use. "catering service.. must be a permitted use. The first step is being addressed by proposed Ordinance No. X; 3 and. if the ordinance is approved. there are two principal methods by which the Lodge's proposed catering service could be permitted. One. the permitted use chart could be amended to permit the catering service use in the PI zoning district outright or as a special use. Two. the "catering service" use could be permitted as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval. The "catering service" use is permitted outright only in the former "I" Intensive Use District. which is now part of TODD. and as a special use in the "SR" Specialty Retail District.' The limited number of zoning districts in which the use is permitted is attributable to the intensive nature of the use. A catering service's association with the preparation and delivery of food can have several negative impacts on a surrounding area. including increased noise and traffic; problems related to the generation of large amounts of garbage, such as litter, odor, and vermin, and compatibility of the use's building with the surrounding physical environment. As a result of these potential negative impacts, staff does not believe that the "catering service" use should be a permitted use in the PI district outright. Additionally, staff does not believe that the "catering service" use should be permitted outright or as a special use in the PI district because the district's purpose "is to provide for schools, governmental facilities. utilities and churches and similar uses..." Thus, permitting the use outright or as a special use would open the door for completely commercial operations, thereby violating the intent and purpose of the district. Lastly, staff does not believe that the "catering service" use should be permitted as an ancillary use to a "fraternal organization or private club" use pursuant to special approval in all of the districts in which the "fraternal organization or private club" use is permitted because the use is permitted in two residential districts.' Therefore, if this option were implemented. there could be catering services operating in residential districts. Instead, staff recommends approving the "catering service" use as an ancillary use to a "fraternal organization or private club" pursuant to special use approval for those *'fraternal organization or private club" uses located in the PI zoning district. Staff believes that an ordinance amending the LDC in order to permit a "catering service" use as an ancillary use to a "fraternal organization or private club" use, pursuant to special use approval, for those "fraternal organization or private club" uses located in the PI zoning district is the most advantageous way to enable the Lodge to move forward with its request for catering service because it ensures that the catering is incidental to the principal use; requires the request to be evaluated and 2 See attached excerpts of Section 20 -4.8 of the LDC. 3 See Ordinance No. X for specific details. 4 Section 20- 3.3(D) of the LDC, entitled "Permitted Use Schedule," only exhibits the use as permitted in the I district, but Section 20 -2.3. entitled "Definitions." explains that it is permitted as a type of restaurant in the SR district. 5 The use is permitted in the RM -18 and RM -24 Districts. 1" Reading August 4. 1998: Catering Services Ordinance conditioned, if necessary, through the special use process: and. by limiting it to an ancillary use to a "fraternal organization or private club use in the PI district. it avoids alloying catering services directly in residential districts. Furthermore. alloying catering services as an ancillary use to fraternal organizations located in the PI district would not deviate from the activities associated with other permitted uses in the PI district. For example. schools have lunchrooms. and churches have spaghetti dinners. City staff brought the item to the Planning Board for preliminary discussion on June 30. 1998, and July 14. 1998.6 On July 14, 1998, after speaking to representatives of the Elks Lodge, the Planning Board advised staff to prepare two separate ordinances. (1) an ordinance amending the LDC in order to allow the "fraternal organization or private club" use as a special use in the PI zoning district and (2) an ordinance amending the LDC in order to permit a catering service use as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval.' This ordinance represents the second of the Planning Board's directives. RECOMMENDATION: Approval to begin the public hearing process. Attachments: Proposed Ordinance for first reading Correspondence dated April 27, 1998 Excerpt of Section 20 -4.8 of the LDC Excerpt of Section 20 -3.3 (D) of the LDC Excerpt of Planning Board Minutes, June 30, 1998, and July 14, 1998 6 See attached excerpted munutes. 7 The ordinance directiv related to the catering service is included in this agenda as a separate item. See Ord. No. X for specific details. 1" Reading August 4. 1998: Catering Services Ordinance I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20- 6 3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING 7 SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR 8 PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING 9 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Mayor and City Commission recognize that some 14 permitted uses within the "PI" Public /Institutional Districts may 15 have incidental uses, which involve preparing and serving foods, 16 as exemplified by the cafeteria of a school or museum; and, 17 18 WHEREAS, on September 1, 1998, the Mayor and City Commission 19 adopted Ordinance No. X, amending the City of South Miami Land 20 Development Code in order to permit the "Fraternal Organization 21 or Private Club" use as a special use within the "PI" 22 Public /Institutional Zoning District; and, 23 24 Whereas, the Mayor and City Commission wish to encourage a 25 full range of uses, both principal and ancillary, within the 26 appropriate zoning districts in order to enhance the diversity 27 and quality of businesses and services provided within the City 28 of South Miami; and, 29 30 WHEREAS, in order to enhance the quality and diversity of 31 fraternal organizations and private clubs within the "PI" 32 Public /Institutional zoning district, the Mayor and City 33 Commission wish to permit a "catering service" use as an 34 ancillary use, which is clearly subordinate and coincidental, to 35 a "fraternal organization or private club" use pursuant to 36 Special Use Approval. 37 38 WHEREAS, on August 11, 1998, the Planning Board voted 7:0 to 39 recommend approval of this ordinance; and, 40 41 WHEREAS, the Mayor and City Commission of the City of South 42 Miami desire to accept the recommendation of the Planning Board. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 45 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1` Readiniz Auaust 4. 1998: Caterinu Services Ordinance 1 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 SECTION 1. That Section 20 -3.4 (B)(2) of the Land Development Code be, and is hereby, amended to include the following changes: (2) FRATERNAL ORGANIZATION OR PRIVATE CLUB (a) All such uses shall be located on a site of not less than one (1) net acre in area. (b) No structure shall be located less than one hundred (100) feet from any adjacent residential district. (c) A catering service use is permitted as an ancillary use, Pursuant to special use approval and any conditions required therein, for those fraternal organization or private club uses located in the Public/ Institutional Zoning District. SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. This ordinance shall take effect immediately at the time of its passage. ATTEST: PASSED AND ADOPTED this 1ST day of September, 1998. ...-OW" CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY I" Reading August 4. 1998: Catering Services Ordinance James A. Cooney Secretary HAND - DELIVERED South iiami/Coral Gables Elks Lodge No. 1676 6304 S.W. 78th Street, Miami, Florida 33143 Telephone (305) 666 -2495 Hon. Julio Robaina, Mayor Hon. Armando Oliveros, Jr., Vice -Mayor Hon. David D. Bethel, Commissioner Hon. Mary Scott Russell, Commissioner Hon. Horace G. Feliu, Commissioner City of South Miami Commission 6130 Sunset Drive South Miami, Florida 33143 Manuel A. Cuadrado Exalted Ruler April 27, 1998 H. RicfSa7dSdu=- Treasurer APR 2 8 1998 ptmi`J.'d6 U!'r');;cL.. Re: Addition To Permitted Use Schedule - For "Pl" Public Institutional Zoning District Located At 6304 S.W. 78th Street Dear Commission Members: On behalf of the members of the South Miami /Coral Gables Elks Lodge, owners of the subject property, I hereby respectfully request that the City Commission consider adding "catering services" to the permitted use schedule for the "PI" Public Institutional zoning district. The nature and extent of the proposed use would be to conduct catering operations as were previously operated in the Coral Gables Lodge building which would include providing lunch for our members and other catering events both within our lodge and at other locations. The hours of operation would range from 8 A.M. to 9 P.M., and on occasions up to seven days a week. As you know, the South Miami /Coral Gables Elks Lodge is composed of more than five hundred (500) members dedicated to charitable, patriotic and community non -profit activities. We have recently appointed committees and are currently formulating plans to further our involvement with various City of South Miami community projects such as the Senior Citizens Home, After School House and Habitat For Humanity, as well the job training and placement programs. 4 . .. ....... .. .. Cidv of South Mlaanl Commission, Anril 27. 1998 e_ We are planning to attend the regular City Commission Meeting scheduled for Tuesday, May 5, 1998, at 7:30 P.M., and hope that you will favorably consider sponsoring the requested change at that time. In the meantime, please feel free to call me at the above number or at my office, (305) 358 -7747, Ext. 200, if you have any questions or would want to speak with any of the members of the Lodge. Thank you in advance for y Manuel A. Cuadrado Exalted Ruler cc: Charles D. Scurr, City Manager Diana Morris, Deputy City Manager APR 2 8 1998 V Bill Mackey, AICP, Director of Planning & Zoning 2 20-4.8 Nonconforming uses and structures. (A) General Regulations. (1) No provision of this Code shall be construed to require a change in the plans, constriction or designated use of any building on which actual construction was lawfully begun prior to the advent of nonconforming use status and upon which construction has been diligently carried out, actual construction being defined to include placement of construction materials in permanent position and fastened in a permanent manner. (2) Expansion, Alteration or Enlargement. (a) A building nonconforming only as to height, area or bulk requirements may be altered or extended only if such alteration or extension does not increase the degree of nonconformity in any respect. (b) Nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere. (c) A nonconforming use of a structure or land shall not be extended or enlarged by addition of other uses of a nature which would generally be prohibited in the district involved. (d) The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for use at the time of passage of this Code. (e) No nonconforming use may be expanded or increased beyond the platted lot or tract upon which such nonconforming use is located. (3) Repairs and Maintenance. (a) Nothing in this Code shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building declared unsafe or unlawful. (b) If a nonconforming structure, or portion thereof, containing a nonconforming use becomes physically unsafe, or unlawful due to lack of repairs and maintenance, and is declared by any authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with district regulations and this Code. (4) Legalization of Nonconforming Use. .(a) No presently illegal use shall be deemed to have been legalized unless such use falls within a use district where the actual use is a conforming use. (b) Uses not legalized by conformity shall remain nonconforming uses where recognized. (c) A nonconforming use in violation of a provision of this Code shall not be validated by the adoption of this Code unless such use complies with the terms of this Code. (5) A use approved as a nonconforming land use shall be considered a conforming use so long as the conditions of approval are met. Supp. ";o. 2 102 16) No buiidi. ^.g or ;and. used for a nonconforming use. which remain vacant and unused for a continuous pericd of six ;6) months. whether or not fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located. For a multi -unit, multi- tenant land or building which constitutes a nonconforming use, vacancy of one t 1) or more units shall have no effect on the rights of the property: owner under this section. unless seventy -five (75) percent or more of the gross floor area shall remain vacant and unused for more than six (6) months, after which period the vacant portion shall not again be used for a noncon. forming purpose and the remaining portions of the Iand or structure shall be brought into conforming use within three (3) years. (7) Any business which holds an occupational license, obtained in compliance with this Code and all other applicable city regulations. shall be deemed a permitted noncon- forming use and shall be allowed to operate at the license fee in effect immediately prior to the effective date of this Code and said fee, as may be amended. (B) Nonconforming Dimensions. (1) A structure which was erected in conformance with the applicable dimensional re- quirements in effect at the time of erection but which at a subsequent date fails to conform to applicable dimensionai requirements due to a change in the zoning map, in the dimensional requirements table or in the text of this Code, may continue to be used for any use permitted in the district in which it is Iocated, subject to the require- ments of this section. (2) The following requirements shall -apply to such structures: (a) Use of such structures shall be consistent with parldng standards applicable on the first date of such use: and tb) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. (C) Existence of Nonconforming Use. (1) The director of building and zoning shall make an initial determination of the exist- ence of a nonconforming use. based upon investigations and affidavits he determines to be necessary. (2) Where there is uncertainty in determining the existence of a nonconforming use, such uncertainty as to the existence of a nonconforming use shall be a question of fact to be considered by the planning board. after public notice and hearing in accordance with this Code and board rules. 3) The intermittent. temporan- or illegal use of Iand or buildings shall not he sufficient to establish the existence of a nonconforming use. 4) The existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. 103 Z0•4.� `lCt. : o :ti1L�k�tiZI i..�'�IL� DEVELOPMENT CJIDE (D) Nonconforming Lots of Record. (1) In any district in which singie- famii_v dwellings are permitted, a single- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code, notwithstanding limitations imposed by other provisions of this Code. (a) Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. (b) This provisions shall apply even though such lot fails to meet the requirements for area or Width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than for area or width, or both, of the lot conform to regulations for the district in which the lot is located. (2) In order to minimize the number of nonconforming lots. if two or more adjoining vacant and platted lots anaror parcels with continuous frontage on a public street in continuous ownership since the time of passage of this Code, and if either or any of such lots or parcels individually isiare too small in any dimension to meet the yard, width and lot area requirements of the district in which they are located, then such group of lots and/or parcels shall be considered as a single lot or several lots of such size as is necessary to met the minimum dimensional requirements of the district. (a) No portion of said parcel shall be used or said in a manner which diminishes compliance with Iot width and area require=ents established by this Code. (b) No division of any parcel shall be made which creates a Iot with width or area below the requirements of this Code. (3) If any person shall have at any time after passage of this Code created a Iot or parcel which fails to conform with the dimensional requirements of the district in which it is located by selling part of a lot, such sale shall have no effect for purposes of this Code and the lots and/or parcels shall still be considered as part of one (1) or more lots. (E) Nonconforming Use of Land. (1) Where at the time of passage of this Code, lawful use of land exists which would not be permitted by regulations imposed by this Code, the use may be continued so long as it remains otherwise lawful, subject to conditions provided herein. (2) Such nonconforming use of land shall be subject to the following conditions: (a) No such nonconforming use shall be enlarged or increased, nor extended to oc- cupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code: (b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use as of the effective date of this Code: �c) No additional structure not conforming to the requirements of this Code shall be erected in connection with such nonconforming use of land. 104 (F) Nonconforming Use of Structures. (1) Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on areas, lot coverage, height, yards, its location on the Iot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the conditions contained herein. (2) Such nonconforming use of structures shall be subject to the following conditions: (a) No nonconforming use may be enlarged or altered in any way which increase its nonconformity but any structure or portion thereof may be altered to decrease its nonconformity; (b) In the event that a nonconforming structure is moved for any reason for any, distance whatever, such structure shall conform to the regulations for the district in which it is located after it is moved; and, (c) Any structure in which a nonconforming use is superseded by a conforming use, shall thereafter conform to district regulations, and the nonconforming use may not be resumed. (G) Damage of a Nonconforming Structure or Use. (1) If a nonconforming structure or use is damaged by more than fifty (50) percent of its replacement value, all of its rights as a nonconforming structure or use shall be terminated. (2) If a nonconforming structure or use is damaged by less than fifty (50) percent of its replacement value, such structure or use may be repaired or reconstructed and used as before the time of damage. Such repair or reconstruction shall be started within sixty (60) calendar days of such damage and shall be completed within twelve (12) months. (H) Continuation of Nonconforming Use. (1) Except as otherwise provided herein, the lawful use of a building existing at the effective date of this Code may be continued, although such use does not conform with this Code. (2) Continuation of a nonconforming use shall be subject to such regulations as the city commission may require for immediate preservation of adjacent property prior to the ultimate removal of the nonconforming use. (I) Change in Nonconforming Use. (1) If no structural alterations are made, a nonconforming use may be changed to another nonconforming use, provided that the new use is within a higher or more restrictive classification than the original use. (2) In the event that a nonconforming use of a building is changed to a conforming use or another nonconforming use of more restricted classification, the use shall not be changed later to a less restrictive classification. 5upp. No. 2 105 (3) Ln the event that a nonconforming use is changed to another nonconforming use of more restricted classification, the prior less restrictive classification shall be consid- ered abandoned. (Ord. No. 9- 90- 1449, 6- 12 -90; Ord. No. 4-93- 1533, 6 -1 -93; Ord. No. 19-96 -1619, §§ 3, 4, 10 -1 -96) 204.9 Historic preservation standards. (A) Historic and Archeological Sites. (1) The Secretary of the Interior's Standards for Historic Preservation Projects: with Guidelines for Applying the Standards, 1979, or as may be updated, and the Metropolitan Dade County historic preservation guidelines shall be used by the board for reviewing projects proposed for designated historic properties and sites or for properties within historic districts. (2) In addition to the above referenced federal and county guidelines, the following shall also be utilized as general standards by the board for determining structures and sites having historic or archeological significance: (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association, and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history-, or (c) Are associated with the lives of persons significant in our past; or (d) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master, or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual dis- tinction; or (e) Have yielded, or are likely to yield information in history or prehistory; or (f) Are listed in the National Historic Register. (B) Demolition of Historic Structures. In addition to all other provisions of this Code, the board shall consider the following standards in evaluating applications for demolition of designated historic structures. (1) Is the structure of such interest or quality that it would reasonably meet national, state or local criteria for designation as an historic or architectural landmark? (2) Is the structure of such design, craftsmanship or material that it could be reproduced only with great difficulty and/or expense? (3) Is the structure one of the last remaining examples of its kind in the area, city, county or region? (4) Does the structure contribute significantly to the historic character of a designated district? Supp. So. 2 106 20 -3.3 Sf„1L7H M-TA J T ,16ND DEVELOPINIM 7 CCDE SECTION 20- 3.3(D) 8:0 Bill P = PERMITTED BY RIGHT S = PERMITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20 -3.4) PARK = PARKING REQUIREMENTS (See Section 20- 4.4(B)) a = No conditions were adopted Adult Congreg Living Facil- ZONING DISTRICT R R R R R R R R R L M N S G I H P P C P USE TYPE S S S S T T M M O O O R R R I I R O A S( 1 2 3 4 6 9 1 2 1 1 6 gogue N R 8 4 Convalescent Home I D K PLANNED UNIT DEVEL- P 13 Day Care Center I I I P I P P I P I P P I P I OPMENT RESIDEN- S S S S S S S S S S S S S S S S 8 TIAL USES Fraternal Organization or I S S S S I S I P I Dwelling, Single - family P P P P P P P P S i ( 17 1 Dwelling, Tbwnhouse Governmental Administra- I P P P P S ( ( I P I P i YPA 17 2 Dwelling, 'two- Family tion P P P S 1 1171 1 Dwelling, Multi -Family I I I I P P S I P 14 5 1 117 3 Community Resid Home, 6 or P P P P P P P P P P 1 less Community Resid Home, 7 or P P P P 1 more PUBLIC AND INSTITUTIONAL USES Adult Congreg Living Facil- I I S S ISI ISI I 13 1 ity Church, Temple or Syna- I I I I I S I S S( S I S( III S I I S I 1 1 6 gogue Convalescent Home I P P P P 13 Day Care Center I I I P I P P I P I P P I P I P P 10 (7 or more children) Fraternal Organization or I S S S S I S I P I 2 7 Private Club Governmental Administra- I ( ( I P I P YPA P 10 tion Hospital I I I I I ( I I I I 14 5 Supp. ,;o. 2 30 K. Staff ar,-,ued that a variance did not seem like the answer. L. Mr. Wiscombe said that new zoninu miuht alleviate Habitat for Humanite's inconsistence v,-ith the Cite. y M. Staff said that the 15- and 20 -foot requirements were a good move towards consistence. He added that Habitat for Humanity provided affordable housing. which the Cite needs. and always increases the value of the property they replace. He felt CRA would `.;ive adequate time and attention to this issue. N. Ms. Chimelis suggested that the Board draft a letter to CRA to make this a priority. O. Mr. Pages recommended that tonight's minutes and the previous be forwarded to CRA. VI. Fraternal Organizations in the PI zoning district A. Staff recommended granting PI zoning to the Elks' Club through a special use approval because the organization operates much like a church or community organization. B. Mr. Morton recused himself because he is an Elk and might do architectural work on the Lodge depending on the outcome of the club's request. C. Mr. Pages had no objection. E. Mr. Basu asked how the property was zoned PI and what was there before. F. Staff did not know. G. Mr. Basu asked where fraternal organizations were usually allowed. H. Staff responded that most organizations were granted a special use permit for many zones including RM -24 and RS -18. I. Mr. Basu suggested that RM -24 might be a better zoning district for the property than PI. His concern was the use of the property if the property were sold. J. Mr. Pages asked staff to clarify the item. K. Staff explained that the club existed in the current zone through legal non - conformity of the PI district and that their wish to renovate their building and operate a catering a service was not permitted under those conditions. PB Min 06 -30 -98 5 L. Because of the larue size of the property. Mr. Basu suggested that it be changed to a residential zoninu district. N4. Mr. Pales asked for a clarification ofcdterinu. N. Staff responded that it invoi% -ed the preparation of food for off -site consumption. O. Staff said that it would be best to explore changing the property*s zoning to RM -24 and asked for the Board's opinion on the catering issue. P. Mr. Paaes said that it was a reasonable suaaestion. Q. Mr. Basu was concerned for the impact of the catering on the nearby residences. R. Staff responded that any provisions restricting the catering can be written into the special use permit. S. Staff said the special use variance would be written and sent to the Commission for first reading. VII. Approval of minutes A. Motion: Mr. Wiscombe moved to approve the minutes from May 26, 1998 as presented. Mr. Morton seconded. Vote: Approved:6 Opposed:0 VIII. Remarks A. Mr. Pages opened the public hearing. B. Mr. Tucker, from the audience, spoke on the telecommunication towers and the infringement on local power by the federal government it represents. C. Mr. Pages closed the public hearing. D. Staff thanked the Board for their insight when discussing the different items. 1. Mr. Pages was also pleased with the process. 2. Mr. Basu mentioned that traffic calming is another issue that should be discussed with. candor. IX. Adjournment PB Min 06 -30 -98 6 4. The board brietli, discussed the ordinance. V. FRATERNAL ORGANIZATIONS IN THE PI ZONING DISTRICT 1. Mr. Pages asked if anyone in the audience was present to discuss the local planning agency. the Elks Lodge. and the Telecommunication Towers. 2. Mr. Pages suggested changing the order of the agenda and discussing the Elks Lodge. 3. Staff presented the agenda item concerning the Elks Lodge as an item for discussion. not for vote. 4. Frost Walker signed in for the record to represent the Elks Lodge in their appeal to include fraternal organizations in the PI zoning and to grant them a catering operation license. 5. Mr. Walker added that since the South Miami Elks Lodge has existed at its present location for 40 years with or without the appropriate zoning, the City might as well make the appropriate changes to officially include fraternal organizations in the PI zoning district. 6. The Public hearing was opened. No one had any comments. The public hearing was closed. 7. Mr. Basu questioned why fraternal organizations are not included in the PI zone to begin with if the Elks Lodge already exists within that zone. 8. Staff responded that the area was changed from RM -24 to PI in 1989. 9. Mr. Basu asked if anyone from the Elks Lodge had any insight on that change in order to understand the reason behind the change. 10. Mr. Basu also wanted the Elks Lodge to be more specific about the amount of catering that would take place. 11. Staff pointed out that there are single family residences across the street from the Elks Lodge that might be affected by the operation of a catering service. 12. Mr. Frost said that the Elks Lodge intended to buffer the residences with fencing and landscaping. 13. Mr. Frost also mentioned that the residential area was on the opposite side of the kitchen. where the catering would be taking place. adding that their only plan is to enhance the area not become a detriment to it. PB Min 07 -14 -98 5 14. Mr. Basu expiained that a zoning decision %vas important beyond the intentions of the Elks because they might one day choose to sell the property. 1 -5. Mr. Frost said that if the City is worried about the property being sold. they should allow the improvements to be made on their lodge. 16. Mr. Scurr asked why the Elks Lodge considers RM -24 to be down - zoning if it is less restrictive than PI. 17. Mr. Frost responded that it would be difficult to sell property surrounded by a Taco Bell and an Amoco as residential property. 18. Mr. Basu said that it is in the best interest of the City to promote housing through an RM -24 zoning rather than add a category to PI zoning. 19. Mr. Frost asked for the board to restate the status of their application. 20. Staff said that the Elks Lodge had several options in order to obtain their permit. 21. Mr. Frost said that their main concern was the catering permit and that the zoning issue was something that staff brought up. 22. Staff said that catering was not permitted in their zoning district. 23. Mr. Basu said that it was important to define the scope of the catering for concern for the residents nearby. 24. Mr. Frost responded that the improvements they wanted to make were all with the community in mind. 25. Mr. Basu was in agreement, but opined that they must take the people living around the lodge into account. 26. Mr. Pages affirmed that it was the long -term ramifications of a zoning change that concerned the board. 27. Ms. Chimelis said. that the size of the kitchen would dictate the scope of the catering if that was a concern. 28. Ms. Chimelis also said that the long -term scope of the club is important. but that this zoning question was an impediment to the speed with which the club can carry out its improvements and that this was probably not the best time to change the long -term zoning. 29. Staff suggested submitting the following to the :Mayor and City Commission for approval to PB Min 07 -14 -98 6 SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, August 11, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages; Mr. Huggins; Ms. Chimelis; Mr. Wiscombe; Mr. Lefley B. Board members absent 1. Mr. Morton; Mr. Basu C. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Public Hearings A. ITEM: PB -98 -016 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Huggins read the request into the record. PB Min 08 -11 -98 2. Staff presented the item to the Board, stating that the ordinance would enable a fraternal organization or private club to be located in the PI zoning district, pursuant to special use approval. 3. Staff outlined important points to consider, including that only the PI zoning district would be affected and that it would be affected minimally, particularly with the safeguard of the special use process. 4. In reply to Mr. Lefley's inquiry, discussion was held in regard to changing the PI zoning of the subject property to RM -24 zoning, a district that does permit fraternal organization or private club as a special use. 5. Staff noted that the applicant does not consider this change as a viable alternative, as it would involve the time - consuming process of modifying the Comprehensive Plan and then updating the zoning code. 6. Mr. Frost Walker spoke before the Board as a representative; however, he did not sign in for the record. Mr. Walker related background information concerning the Elks Club, including the club's mission and a desire to become more involved in South Miami. 7. Mr. Walker elaborated that the ordinance, by amending the code to allow this use as a (special) use, would reflect the reality of the Elks Club's existence and intent to be an active member of the community. 8. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. Mr. Tucker began by noting that fraternal organizations have been benevolent members of the community for many years. b. Mr. Tucker asked that the City, during its consideration of the proposed ordinance, be cognizant of the future need to handle refuse produced by the activities of such organizations. c. Ms. Cathy McCann, of 5820 SW 87 Street, signed in to speak before the Board. Ms. McCann opened by stating that she was in opposition to the new ordinance. d. Ms. McCann related that the City should consider the long -term implications of permitting such uses in the City's PI zoning districts, and she opined that zoning changes should be contemplated for a purpose or use and not for an applicant. e. Ms. McCann further opined that the RM -24 zoning category would better serve the uses and the City as a whole, and she advised that this consideration, i.e., what is best for the City and not for an applicant, is what the Planning Board should deliberate. PB Min 08 -11 -98 2 f. Staff clarified for the record that it is the PI zoning district being considered and not the I zoning district. 9. Public hearing was closed. 10. The Board continued with review of the application. a. Staff stated the purpose of the PI zoning district, including providing for schools, governmental facilities, utilities, churches, and similar uses. b. Staff related that the critical point to consider is whether the uses under consideration "fall in line" with the purpose of the PI district. c. Mr. Pages asked that staff identify the properties located in the PI district individually, and staff responded that the YMCA, churches, Girl Scout, schools, Elks Club, City Hall, Metrorail, FPL substation, and the c°„i^„ citizen's ceHte JRE Lee School [note by the editor] are all located in the PI district and could be impacted by the change. d. In regard to discussion on the proposed catering use, Mr. Walker responded that catering should be considered later, under another agenda item. e. Staff noted that the Elks Club represents a legal non - conforming use and a legal non- conforming structure. f. Staff explained that a legal non - conforming use cannot expand the area of its use. g. The Board and staff discussed the history of the Elks Club property, noting that the property had been zoned RM -24 before adoption of the current Comprehensive Plan and Land Development Code. h. Discussion ensued in regard to similarity of uses, particularly involving churches and fraternal organizations, and the Board noted that they do share similar characteristics. i. In response to the Board's request, Ms. McCann spoke in regard to the history and the characteristics, noting that the zoning change from RM -24 to PI may have been done in error and that the institutions and groups, while sharing similar features, also have several dissimilarities. j. Ms. McCann asked the City to be aware of the impact the dissimilarities may have and to recognize that the history of fraternal organizations in South Miami has not always been "agreeable." k. Mr. Pages related that there are a number of issues to explore, including the consideration that the Elks Club was there prior to the zoning changes and that the obligation exists to find a PB Min 08 -11 -98 3 solution to the predicament created by the zoning changes. 1. Mr. Pages continued by noting that institutions and organizations share and provide many of the same functions and benefits, and not allowing fraternal organizations creates an "inconsistency" with allowing churches and other institutions. m. Discussion continued as to the language incorporating private clubs in the ordinance. n. Mr. Pages noted that a concern may be with the private club inclusion, and staff noted that such language may be changed, including language for special use conditions. 11. Motion: Mr. Pages moved approval of the application, (1) with the separation of fraternal organization from private club, allowing fraternal organization as a special use in the PI zoning district; and (2) with the recommendation that staff define the terms fraternal organization and private club for further consideration at the Board's next regularly scheduled meeting. Ms. Chimelis seconded the motion. 12. Vote: Approved: 5 Opposed: 0 B. ITEM: PB -98 -017 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Ms. Chimelis read the request into the record. 2. Staff presented the item to the Board, explaining that the ordinance would allow catering services as an ancillary use to a fraternal organization or private club use, pursuant to special use approval. 3. Staff noted that the catering services are specific to only those fraternal organization or private club uses in the PI zoning district. 4. Staff further noted that "negative impacts" may be involved with the inclusion of catering services, adding that such services are a limited use in the City. 5. Staff asked that the Board consider whether or not enough limitations may be imposed to sufficiently restrict the negative impacts of catering services. PB Min 08 -11 -98 4 6. Mr. Wiscombe related that he had concerns in regard to the impact catering services would have on the quality of life in residential areas closest to those districts permitting such services. 7. Staff noted that there are safeguards built into the process, including Planning Board review, City Commission approval, and possible City Manager revocation. 8. Staff asked that, as the item is presented, the Board consider it in the context of an impact citywide and not just in regard to the Elks Club. 9. Mr. Frost Walker spoke before the Board; however, he did not sign in for the record. 10. Mr. Walker elaborated on the nature of the property, noting that residential uses are within proximity, but not as close as commercial uses, including Taco Bell and Amoco on South Dixie Highway. 11. Mr. Walker maintained that identifying the subject property as residential would not be advisable with commercial uses located nearby. 12. Mr. Wiscombe spoke in regard to future catering services taking place at the property, and Mr. Walker related that the organization does not perceive such services to be a future problem for the area. 13. Mr. Walker explained that it is the organization's hope that the City will rely on its safeguards as tools to limit catering services, when such protections would be necessary. 14. As review continued, Mr. Pages reiterated that the Board consider the application on a citywide basis. 15. Public hearing was opened. a. Ms. Cathy McCann, of 5820 SW 87 Street, signed in to speak before the Board. Ms. McCann opened by emphasizing. that a responsibility of the Board is to preserve the quality of life in single - family neighborhoods. b. Ms. McCann asked that as the Planning Board has voted approval on allowing fraternal organizations in the City's PI zoning districts, the Board now consider recommending that no ingress and egress occur in residential neighborhoods. c. The Board and staff noted that such a suggestion would be considered further under the remarks section. d. Ms. McCann continued by opining that the presentation just heard should have been given at another time, as it related to only one property, and that the Planning Board should consider the PB Min 08 -11 -98 5 item on a citywide basis, with respect to any business or any catering service and not just with respect to the Elks Club. e. Ms. McCann stated that she is "vehemently opposed" to allowing a business in PI zoning districts, and she questioned the City Manager's ability to revoke an approval. f. Ms. McCann closed by adding that because an organization wishes to have a business within the PI zoning district, such a desire is insufficient justification to permit it. g. Prior to closing the public hearing, Mr. Pages explained that allowing the Elks Club to proceed was done in order to "flush out" broader issues relating to catering services associated with fraternal organizations. 16. Public hearing was closed. 17. The Board continued with review of the application. a. In response Ms. Chimelis's inquiry regarding if the level of food service would be sufficient for someone without having to cater offsite or to outside interests, Mr. Walker replied that catering services are probably economically necessary for the individual performing cooking services at the Elks Club. b. Mr. Wiscombe explained that he is attempting to examine the item in regard to its impact on PI zoning districts citywide, as citizens are concerned as to the negative effects on surrounding residential areas. c. In regard to discussion on the proposed catering use, staff explained that the important question is whether or not such a use would be appropriate as an ancillary use in PI zoning districts. d. The Board and staff discussed how the Planning Board should proceed with the item, and staff noted that the City Commission is looking for input from both the public and the Board. 18. Motion: Mr. Lefley moved to disapprove the application, as presented. Ms. Chimelis seconded the motion. 19. Vote: Approved: 5 Opposed: 0 C. ITEM: PB -98 -018 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR PB Min 08 -11 -98 6 G. Ms. Chimelis surmised that, for purposes of discussion, a case would involve an establishment where easily - prepared food, such as sandwiches, would be available on a take -out basis, and yet, with limited seating, it would be possible to eat in - without being considered a restaurant. H. As discussion continued, Mr. Pages summarized a major concern of the Board as being the "watering down" of the special use process involving restaurants. I. Staff responded that additional research could be conducted on the subject, and added that there would be no "increasing" or expanding the use to new districts, that only those districts already permitting the restaurant use would be involved. VI. Approval of Minutes A. Minutes from May 12, 1998 1. Motion: Ms. Chimelis moved approval of the minutes from May 12, 1998, as presented. Mr. Wiscombe seconded the motion. 2. Vote: Approved: 5 Opposed: 0 B. Minutes from June 23, 1998 1. Motion: Ms. Chimelis moved approval of the minutes from June 23, 1998, as presented. Mr. Wiscombe seconded the motion. 2. Vote: Approved: 5 Opposed: 0 C. Minutes from June 30, 1998 1. Motion: Ms. Chimelis moved deferral of the minutes from June 30, 1998, as presented. Mr. Wiscombe seconded the motion. 2. Vote: Approved: 5 Opposed: 0 D. Minutes from July 14, 1998 1. Motion: Mr. Wiscombe moved approval of the minutes from July 14, 1998, as presented. Mr. Huggins seconded the motion. 2. Vote: Approved: 5 Opposed: 0 VII. Remarks A. Remarks from the public a. Ms. Cathy McCann, of 5820 SW 87 Street, spoke before the Board. Ms. McCann asked that PB Min 08 -11 -98 11 the Board make recommendations to the City Commission concerning the special use process in the PI zoning district. b. Ms. McCann reiterated that, as the Board has voted to recommend approval that the fraternal organization use be permitted as a special use in the PI zoning district, the Board transmit recommendations for special use, including the prohibition of ingress and egress to and from residential neighborhoods. c. Ms. McCann also asked that the regulation on the level of noise, such as by time limits, reaching into residential neighborhoods be considered as a recommendation for special use. d. During discussion on regulating noise levels, Mr. Pages suggested that the Planning Board review and perhaps make recommendations for updating the City's noise ordinance. e. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board. In further remarks on the consideration of the deli use, Mr. Tucker cautioned the City on expanding certain uses in general and eateries in particular for various reasons, including economic concerns. B. Remarks from the Board a. In regard to earlier comments involving agenda item P13-98 -018, staff related that the City's Building Department believes the apartment building in question should be demolished due to violations of code. b. Mr. Huggins noted that the building has become a community "eyesore" and should be torn down. c. Staff related that the matter involving the apartment building, including any plans for demolition, had been granted an extension. d. Staff questioned the Board on possibly changing its meeting day from Tuesday to Monday. e. Discussion ensued in regard to changing the meeting day, and Ms. Cathy McCann, former mayor, offered that the meeting day for the Planning Board should remain on Tuesdays. f. Mr. Pages, concurred with the discussions held involving agenda item P13-98 -016, fraternal organizations in PI zoning districts, including the suggestion that ingress and egress not occur in and out of residential neighborhoods, except during emergencies only. g. Mr. Pages noted that the representatives for the Elks Lodge had been present during earlier discussion of this matter, particularly when it was so recorded that the discussion would continue under the Remarks section, and yet they had since departed the meeting. PB Min 08 -11 -98 12 h. Discussion of the recommendation continued, and Ms. Chimelis emphasized that such a condition be applied "across the board ". i. Mr. Pages responded that the condition would apply to all fraternal organization usage in PI zoning districts. j. Staff explained that specific special use conditions, that are use specific, are already in place, including such conditions for churches and restaurants. k. Mr. Pages noted for the record that the Board has unanimously agreed that language, relating to the recommendation that ingress and egress associated with fraternal organizations in PI zoning districts not occur in and out of residential neighborhoods, be incorporated into final approvals. VIII. Adjournment A. There being no further business before the Board, the meeting was adjourned. B. Respectfully, 1. Chairperson 2. Board Secretary PB Min 08 -11 -98 13 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurf City Manager REQUEST: Date: July 30, 1998 Agenda Item # Re: Comm. Mtg. 08/04/98 Catering Services Ancillary Use AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW CATERING SERVICES AS AN ANCILLARY USE TO A "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE PURSUANT TO SPECIAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The proposed ordinance is related to proposed Ordinance No. X, which is also included on this City Commission Agenda. As a result, the item shares much of the same background information. On April 27, 1998, Manuel A Cuadrado, the Exalted Ruler of the South Miami /Coral Gables Elks Lodge, requested that the City of South Miami consider permitting "catering services" in the "PI" Public /Institutional zoning district in order to allow the Lodge located at 6304 SW 78t11 Street to operate a catering service on the premises. Mr. Cuadrado explained that the catering services were formerly operated as part of the Coral Gables Lodge, which had been sold due to the merger of the Coral Gables and South Miami Lodges.' Subsequently, the South Miami /Coral Gables Elks Lodge desired to bring the catering services to its location in South Miami. Through later discussions between the Elks and the City, it was also discovered that the proposed addition of catering services was to be coordinated with a major remodeling of the South Miami Lodge. Staff's initial analysis of the request revealed that it could not be permitted under the current regulations of the Land Development Code (LDC) because (1) the Lodge's principal use, "fraternal organization or private club," is not a permitted use within the PI district, making the Lodge a legal 1 See attached letter addressed to Mayor and City Commission from Mr. Cuadrado, dated April 27, 1998 1S1 Reading August 4, 1998: Catering Services Ordinance nonconforming use, and, pursuant to Section 20 -4.8 of the LDC, a legal nonconforming use cannot increase its nonconformity through additions, substantial renovations, or expansion of use;Z and, (2) a catering service is not a permitted use within the PI zoning district. Thus, a two -step process is required to approve the Lodge's request to permit catering services at its location: (1) the principal use, "fraternal organization or private club" must be a permitted use, and (2) the proposed ancillary use, "catering service" must be a permitted use. The first step is being addressed by proposed Ordinance No. X;' and, if the ordinance is approved, there are two principal methods by which the Lodge's proposed catering service could be permitted. One, the permitted use chart could be amended to permit the catering service use in the PI zoning district outright or as a special use. Two, the "catering service" use could be permitted as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval. The "catering service" use is permitted outright only in the former "I" Intensive Use District, which is now part of TODD, and as a special use in the "SR" Specialty Retail District! The limited number of zoning districts in which the use is permitted is attributable to the intensive nature of the use. A catering service's association with the preparation and delivery of food can have several negative impacts on a surrounding area, including increased noise and traffic; problems related to the generation of large amounts of garbage, such as litter, odor, and vermin, and compatibility of the use's building with the surrounding physical environment. As a result of these potential negative impacts, staff does not believe that the "catering service" use should be a permitted use in the PI district outright. Additionally, staff does not believe that the "catering service" use should be permitted outright or as a special use in the PI district because the district's purpose "is to provide for schools, governmental facilities, utilities and churches and similar uses..." Thus, permitting the use outright or as a special use would open the door for completely commercial operations, thereby violating the intent and purpose of the district. Lastly, staff does not believe that the "catering service" use should be permitted as an ancillary use to a "fraternal organization or private club" use pursuant to special approval in all of the districts in which the "fraternal organization or private club" use is permitted because the use is permitted in two residential districts! Therefore, if this option were implemented, there could be catering services operating in residential districts. Instead, staff recommends approving the "catering service" use as an ancillary use to a "fraternal organization or private club" pursuant to special use approval for those "fraternal organization or private club" uses located in the PI zoning district. Staff believes that an ordinance amending the LDC in order to permit a "catering service" use as an ancillary use to a "fraternal organization or private club" use, pursuant to special use approval, for those "fraternal organization or private club" uses located in the PI zoning district is the most advantageous way to enable the Lodge to move forward with its request for catering service because it ensures that the catering is incidental to the principal use; requires the request to be evaluated and 2 See attached excerpts of Section 20 -4.8 of the LDC. 3 See Ordinance No. X for specific details. 4 Section 20- 3.3(D) of the LDC, entitled "Permitted Use Schedule," only exhibits the use as permitted in the I district, but Section 20 -2.3, entitled "Definitions," explains that it is permitted as a type of restaurant in the SR district. 5 The use is permitted in the RM -18 and RM -24 Districts. I' Reading August 4, 1998: Catering Services Ordinance conditioned, if necessary, through the special use process; and, by limiting it to an ancillary use to a "fraternal organization or private club" use in the PI district, it avoids allowing catering services directly in residential districts. Furthermore, allowing catering services as an ancillary use to fraternal organizations located in the PI district would not deviate from the activities associated with other permitted uses in the PI district. For example, schools have lunchrooms, and churches have spaghetti dinners. City staff brought the item to the Planning Board for preliminary discussion on June 30, 1998, and July 14, 1998.6 On July 14, 1998, after speaking to representatives of the Elks Lodge, the Planning Board advised staff to prepare two separate ordinances, (1) an ordinance amending the LDC in order to allow the "fraternal organization or private club" use as a special use in the PI zoning district and (2) an ordinance amending the LDC in order to permit a catering service use as an ancillary use to a "fraternal organization or private club" use pursuant to special use approval! This ordinance represents the second of the Planning Board's directives. RECOMMENDATION: Approval to begin the public hearing process. Attachments: Proposed Ordinance for first reading Correspondence dated April 27, 1998 Excerpt of Section 20 -4.8 of the LDC Excerpt of Section 20 -3.3 (D) of the LDC Excerpt of Planning Board Minutes, June 30, 1998, and July 14, 1998 6 See attached excerpted minutes. 7 The ordinance directly related to the catering service is included in this agenda as a separate item. See Ord. No. X for specific details. V Reading August 4, 1998: Catering Services Ordinance CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr W% City Manager V DATE: 8/28/98 AGENDA ITEM # Comm. Mtg. 9/1/98 South Florida Military Museum and Memorial The attached resolution which supports the proposed South Florida Military Museum and Memorial is sponsored by Mayor Julio Robaina. The proposed South Florida Military Museum and Memorial includes many significant attributes including the honoring of America's veterans, the preservation of a historic building, the conservation of endangered lands, and the project's focus upon linking the generations together in knowledge, remembrance, patriotism and respect for the service and sacrifice which has been necessary to insure our nation's freedom. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE PROPOSED 5 SOUTH FLORIDA MILITARY MUSEUM AND MEMORIAL; PROVIDING 6 AN EFFECTIVE DATE. 7 8 9 WHEREAS, the veterans of America's military have provided 10 our nation with invaluable service throughout the entire course 11 of the country's history; and 12 13 WHEREAS, a large and growing population of American military 14 veterans reside in local communities throughout the great State 15 of Florida; and 16 17 WHEREAS, the Richmond Naval Air Station in South Florida, 18 and its last remaining building, its administration building 19 designated Building 25 is a historic site and a fine example of 20 the places where important military service has been rendered 21 here in the State of Florida; and 22 23 WHEREAS, Building 25 at Richmond NAS has been nominated for 24 official status as a National Historic Building, a status to 25 which it is clearly entitled; and 26 27 WHEREAS, the grounds of Building 25 and the surrounding 28 natural areas are historic, and the lands are of vital importance 29 to conservation objectives of the State of Florida and its local 30 communities; and 31 32 WHEREAS, the proposed South Florida Military Museum and 33 Memorial at NAS Richmond includes many significant attributes 34 including the honoring of America's veterans, the preservation of 35 a historic building, the conservation of endangered lands, and 36 the project's focus upon linking the generations together in 37 knowledge, remembrance, patriotism and respect for the service 38 and sacrifice which has been necessary to insure our nation's 39 freedom. 40 41 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 43 44 Section 1. That the City Commission hereby endorses the 45 South Florida Military Museum and Memorial project, and directs 46 that this Resolution shall be forwarded to our representatives in 47 the State and Federal Government. 48 49 Section 2. That all federal, state and local officials 50 are hereby requested and urged to take the necessary steps to 51 clear and resolve any obstacles which may delay or prevent 52 implementation of this project, to designate the site as a 53 national historic site, to preserve Building 25 and its 54 surrounding grounds, and to accomplish the objectives of the 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 project for the benefit of the general public. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 1st day of September , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Feliu: Commissioner Bethel: RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE PROPOSED SOUTH FLORIDA MILITARY MUSEUM AND MEMORIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the veterans of America's military have provided our nation with invaluable service throughout the entire course of the country's history; and WHEREAS, a large and growing population of American military veterans reside in local communities throughout the great State of Florida; and WHEREAS, the Richmond Naval Air Station in South Florida, and its last remaining building, its administration building designated Building 25 is a historic site and a fine example of the places where important military service has been rendered here in the State of Florida; and WHEREAS, Building 25 at Richmond NAS has been nominated for official status as a National Historic Building, a status to which it is clearly entitled; and WHEREAS, the grounds of Building 25 and the surrounding natural areas are historic, and the lands are of vital importance to conservation objectives of the State of Florida and its local communities; and WHEREAS, the proposed South Florida Military Museum and Memorial at NAS Richmond :includes many significant attributes including the honoring of America's veterans, the preservation of a historic building, the conservation of endangered lands, and the project's focus upon linking the generations together in knowledge, remembrance, patriotism and respect for the service and sacrifice which has been necessary to insure our nation's freedom. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby endorses the South Florida Military Museum and Memorial project, and directs that this Resolution shall be forwarded to our representatives in the State and Federal Government. Section 2. That all federal, state and local officials are hereby requested and urged to take the necessary steps to clear and resolve any obstacles which may delay or prevent implementation of this project, to designate the site as a national historic site, to preserve Building 25 and its surrounding grounds, and to accomplish the objectives of the project for the benefit of the general public. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 1st day of September , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Feliu: Commissioner Bethel: T 1 2 1 F AN to All � 4 q ; , -4 difi- 'i Fr. Friends of the South Florida Military Museum and Memorial Please fax issued resolutions to the Friends of the S. F. M. M. M. at 305-949 -9077 Thank youl SAMPLE RESOLUTION IN SUPPORT OF THE PROPOSED G01UT5H FLORIDA MILITARY MUSEUM AND MEMORWL WAFRFAS: the veterans, uf America's military have provided our nation with 'h I P 1 sery re thmLiqhout the entire course of the country's history; A large ancl growing population of American military veterans reside ,-i cnrnmunities 1hroughOUt the great State of Florida; WH""RE.A.S: The Richmond Naval Air Station in South Florida, and its last rurtiaininn building, its administration building designated "Building 25:", Is a military service has .iCtor; sita and a fine example of the places where important mi La lhoe-, relldprt!'d State of F-Jorjd,-�; I WHEREAS: Pvjildinq 26 at Richmond NAS has been nominated for official status r as a Natliolnai Historic Building, a status to which it, is clearly entitled,' WH— REAS, 'rhe grounc-is of Building 25 and the Surrounding natural areas are importance to conservation ob ectives of Lhe uric, and the lands are of vital z3tat_e of Florida and As afire communities; VJHERF'-AS: The proposed South Florida Military Museum and Memorial at NASS RC,hrnond includes many significant attributes Including the honoring of Amprlra's veterans, the preservation of a historic building, the conservation of endangered lands, and the project's focus upon linking the generations together in knrwiedqe, remembrance, patriotism and respect for the service and sacrifice which has been necessary to insure our nation's freedom, T HL-REF ORE, BE IT RESOLVED: That the City of y and through its governing body the City Council, hereby endorses the South Florida Military Museum and Memorial project., and directs that this Resolution shah be forwarded to our representatives in the State and Federal Government, BE IT FURTHER RFSOLVED: that all federal, state and local officials are nereby requested an(i urged to take the necessary steps to clear and resolve any ob..stacles which may delay or prevent Implementation of this proJect, to designate the site as a national hisToric, site, to preserve Building 25 and its surrOUnding grounds, and to accomplish the objec, jes of The project for the benehl of the general public. Z 1"I (') ! ' CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and Commission Date: From: Charles Scurr City Manager August 26, 1998 Agenda Item # Subject: Comm. Mtg. 9/1/98 CRA Consultant This item is brought back to the Commission after being tabled on August 18t. The attached resolution authorizes the City Administration to enter an agreement with Don Delaney, doing business as SDI, Inc., Hobe Sound, Florida, extending and modifying the terms and conditions approved in Resolution #30 -97 -1001. This resolution and the attached modified agreement places Mr. DeLaney on a monthly retainer with the city to provide consulting services to the South Miami Community Redevelopment Agency on a reduced level now that the Plan has been written, submitted and approved by the County Commission. The contract also adds other services targeted to optimize the success of the South Miami CRA. These services include: 1. Recruitment of private redevelopment interests and provision of technical information relating to potential sites within CRA area to assist developers in determining project feasibility. 2. Evaluation of proposed development in terms of goals and objectives for the CRA area, negotiating terms and conditions to ensure maximum financial advantage to the city, and presenting these development possibilities to the city administration, elected officials and public as appropriate. 3. Serve as the negotiator and lobbyist towards the adoption of an acceptable Interlocal Agreement between the Dade County Board of County Commissioners and the South Miami City Commission regarding CRA powers, use of eminent domain, reporting requirements, budget authority and County contributions to the City's TIF trust fund. 4. As CRA Consultant, provide necessary professional guidance and support in the implementation of CRA Plan approved programs and projects in accordance with Florida Statutes, CRA Plan, and Interlocal Agreement — including early Quick Victory projects. 5. Pursue private sector contributions to projects supported by the Mayor, Vice Mayor and Commission to receive tax credits through the state for contributions made by the private sector to Commission - approved projects. 6. In coordination with Mayor Robaina, secure approval of Mayor Penelas and Rene Rodriguez to explore the privatization of the Dade County Housing Authority project located in the SMCRA and to negotiate and secure approval of the necessary interlocal agreement between the Dade County Commission and the City Commission to implement this activity. 7. Prepare Requests for Proposals for redevelopment projects within CRA area, review and evaluate proposals submitted, and make recommendations to the City. 8. Identify potential grant sources, prepare grant applications, present grants to funding sources, lobby approval of grants as appropriate and necessary, to maximize funds available to implement CRA programs and /or use CRA funds to match grant funds. 9. Investigate and assess possible funding sources such as Sunshine State Loan Pool, Florida League of Cities, etc. to expedite the availability of financial resources to implement programs utilizing future TIF funds to secure low interest loan. 10. Represent CRA to community groups and organizations such as Chamber of Commerce, Beacon Council, Miami -Dade County, as assigned, to promote the SMCRA, and its programs, and to enlist support, assistance and coordination in promoting the redevelopment efforts of the City. This coordination of tasks will serve to greatly expand and enhance the resources available to fund CRA programs and projects, and accelerate the community improvements. It is essential that the programs approved in the SMCRA Plan be properly established in accordance with the Interlocal Agreement and with Chapter 163 part III, Florida Statutes. The life of the CRA can extend to 30 years, and failure to properly establish these long -term programs could jeopardize the long -term success of the agency. The South Miami CRA has the potential of being the most successful CRA in Miami - Dade County with the initial tax increment from the Shops at Sunset Place. More than $11,000,000 in tax revenues generated within this community that would otherwise have been used throughout the County will be returned to the city for economic development. This is a tremendous return on the city's investment in creating the CRA. The creation of the agency is almost complete. The task before us now is to ensure that we produce results and effect change. The economic impact this agency can generate is monumental. Its early success will set the stage for its overall success. Staffing will be achieved by assigning 50% of the Deputy City Manager's time to CPA, and continuing to utilize Mr. Delaney as our CRA Consultant. Mr. DeLaney and the Deputy City Manager have established a goal for the SMCRA to generate approximately $500,000 in non -TIF funds for the agency during the first year of the life of the agency. These funds will be generated from alternate public and private funding sources. As you know, the first year TIF revenue will be extremely low. This tax year the assessment within the CRA area has again declined — reinforcing the need for Community Redevelopment. It is important to maintain the momentum and to follow through with the promises made to this community to make some positive economic changes within the CRA area. The CRA's long -term success depends upon our early commitment and our ability to establish and implement the programs we have planned for the community. Mr. DeLaney has conducted one -on -one briefings with each of you regarding the required next steps and the projects that are already underway — including the Quick Victory projects that will be forthcoming. Mr. DeLaney agrees to provide a minimum of 3 days per week to the South Miami Community Redevelopment Agency to complete the final steps in the establishment of the CRA — the negotiation of the Interlocal Agreement with Miami -Dade County, the programs and project implementation phase for this agency, represent the city to private sector development interests, as well as grant/funding applications, presentations, and lobbying services relating to CRA. The monthly retainer fee for Mr. DeLaney is $9,600 per month. This fee will be charged to general ledger account #001 - 0000 - 132.15.00 titled, "Advances to other funds /CRA Prepaid Expenses." In accordance with resolution #204 -98- 10472, expenses incurred by the CRA will be advanced anticipating reimbursement from the Community Redevelopment Agency TIF funds. All related expenses such as printing, secretarial support, printing and copying, travel, lodging, and meal expenses, relating to tasks to be performed under this contract are the responsibility of the Consultant. I recommend approval. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT 6 CONTRACT, AUTHORIZING THE CITY ADMINISTRATION TO EXTEND 7 A CONTRACT WITH DON DELANEY,DBA, SDI, INC., ON A RETAINER 8 BASIS, UNDER TERMS APPROVED BY RESOLUTION # 30- 97- 10001, 9 FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY 10 REDEVELOPMENT AGENCY (CRA) PROGRAM IMPLEMENTATION, 11 TAX INCREMENT FINANCING,GRANT WRITING AND LOBBYING 12 SERVICES RELATED TO CRA, AND OTHER ACTIVITIES RELATED TO 13 THE CITY OF SOUTH MIAMI CRA AT A MONTHLY RETAINER FEE OF 14 $9,600 PER MONTH BEGINNING SEPTEMBER 1998. THE 15 EXPENDITURE WILL BE PAID FROM ACCOUNT # 001 - 0000 - 132 - 15.00, 16 "CRA PREPAID EXPENSES." 17 is WHEREAS, the Mayor and City Commission strongly support the expeditious 19 implementation of the South Miami Community Redevelopment Agency Plan designed 20 and created to bring economic equity to the city's CRA area, and improve the quality of 21 life for those South Miami residents who live within its boundaries; and 22 23 WHEREAS, the Mayor and City Commission recognize that improving the 24 declining tax base in the designated area will benefit the entire community, and can be 25 accomplished if redevelopment efforts are fostered and supported; and 26 27 WHEREAS, the City of South Miami's Community Redevelopment Agency has 28 been created and approved by the Mayor and City Commission, and approved by the 29 Miami -Dade County Board of County Commissioners in accordance with Chapter 163, 30 Part III, Florida Statutes; and 31 32 WHEREAS, the Mayor and City Commission has determined that Mr.Don 33 Delaney, dba SDI, Inc., has provided excellent service under the present contract and 34 possesses unique qualifications and expertise; and 35 36 WHEREAS, the Mayor and City Commission has determined that it is prudent to 37 continue utilizing the professional services of Don DeLaney, dba SDI, Inc., to perform 38 necessary work related to community redevelopment, tax increment financing, pursuit of 39 private sector funding, CRA related grant writing and lobbying services, and other CRA 4o related services as requested by the city; and 41 42 WHEREAS, Don Delaney, dba SDI, Inc., a Consultant with office in Hobe Sound, 43 Florida, possesses the requisite skills, knowledge, expertise and resources to perform 44 the services required; 45 46 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 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 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration is authorized to execute a contract with Don Delaney to provide consulting services on a retainer basis, at the rate of $9,600 per month beginning September 1, 1998, to be paid from account # 001 -0000- 132.15.00, "CRA Prepaid Expenses." Section 2. The terms and conditions of scope of services, compensation and method of payment, termination, and other required terms are contained in the agreement attached hereto. Section 3. 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 , 1998. APPROVED: MAYOR RESOLUTION NO. 204 -98 -10472 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TRANSFER OF FUNDS; AUTHORIZING THE CITY MANAGER TO CREATE A NEW ACCOUNT NUMBER 001- 0000 - 132.15.00 TITLED CRA PREPAID EXPENSES; AUTHORIZING ALL PAST AND FUTURE CRA RELATED EXPENSES CHARGED TO GENERAL FUND BE TRANSFERRED INTO THE NEW ACCOUNT FOR REIMBURSEMENT BY COMMUNITY REDEVELOPMENT AGENCY (CRA) FUND IN THE FUTURE; PROVIDING FOR TERMS OF REIMBURSING THE GENERAL FUND. WHEREAS, the City Commission of South Miami and Miami -Dade County Commission have approved the creation of South Miami Community Redevelopment Agency ( SMCRA); and WHEREAS, in the past, all incidental expenses to the creation of the South Miami Community Redevelopment Agency ( SMCRA) have been charged to the City general fund budget; and WHEREAS, in accordance with Florida State Statute, section 163.387 (6b), these expenses are fully reimbursable with the community redevelopment agency funds; and WHEREAS, the City Administration wishes to establish a process whereby all expenses relating to community redevelopment agency, previously paid from the general fund will be reimbursed by the ( SMCRA) in equal amounts over a five -year period, beginning when sufficient funds are available in the Community Redevelopment Agency Trust Fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI THAT: Section 1. The City. Manager is authorized to gradually transfer the sum of $226,215.94 from the CRA Trust Fund in the future without jeopardizing new CRA programs, when funds are available. This amount represents the SMCRA Consultants for preparing the finding of necessities, the SMCRA plan, and assisting in the approval process. Section 2. The amount referenced in section 1 paragraph above be distributed as follows: $90,815.94 to account 001- 0000 - 369.300, titled "Refund of Prior Year's Expenses" for all CRA related expenses incurred in the 1995/96 and 1996/97 fiscal years. $135,400.00 to account 001- 2100 - 519.9920 titled "Non - Departmental General Contingency" for consulting expenses incurred in the current fiscal year. AGREEMENT THIS AGREEMENT, entered into on July 21, 1998, between: the CITY OF SOUTH MIAMI, FLORIDA, herein after referred to as "City, and DON DELANEY, dba SDI, Inc., a redevelopment and tax increment financing consultant with office located at 8422 S.E. Royal, Street,. Hobe Sound, Florida 33455, hereinafter referred, to as "CONSULTANT." WHEREAS, the CITY desires. the CONSULTANT to assist in the implementation of the approved South Miami Redevelopment Plan ( SMCRA Plan) with supporting programs and a tax- increment trust fund, pursuit of private sector funds, grant writing and lobbying services relating to ORA, assist in review and analysis. of development proposals, and to represent the CITY when appropriate on issues and policies related to CRA. WHEREAS,, the City desires the CONSULTANT to assist in assuring that the CITY complies with all the necessary requirements as set forth in CHAPTER 163, Part III Florida Statutes, and with its adopted Community Redevelopment Plan; and WHEREAS, the CONSULTANT possesses the requisite skills, knowledge, expertise and reseurc -es to perform these services. NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the CITY and the CONSULTANT agree as follows: 1. SCOPE OF SERVICES Al, The CONSULTANT shall. serve in a, technical capacity as required regarding the implementation of the official SMCRA Plan and supporting programs. B. The CONSULTANT shall serve as a technical expert and financial advisor regarding all aspects of redevelopment activities as they relate to the establishment of the tax increment financing mechanism, trust fund, and Redevelopment Bond issues. C. The CONSULTANT shall coordinate activities regarding the Interlocal Agreement between Dade County and the City as well as other relevant taxing districts. D. The CONSULTANT shall prepare any and all resolutions and ordinances necessary for the lnterlocal Agreement, plan recisions, and amendments for submission to the City's legal counsel, city management staff, City Commission, and Miami -Dade County Commission as appropriate. E. The CONSULTANT agrees to provide Redevelopment and Tax Increment services in the manner and extent as determined by the Mayor and Commission and the Office of the City Manager. F. The CONSULTANT agrees to represent the city to private sector development interests, assist in review and analysis of development proposals, and provide presentations relating to potential development within the CRA area as appropriate, and in conjunction with city staff. G- -, The CQN$VJANT shall serve in a technical capacity as required. to identify funding sources, prepare grant/funding applications, in conjunction with city staff, on behalf of the city to improve services and enhance community and economic. development, to. represent the city as appropriate during the grant/funding application process, and serve as lobbyist relating to these grant/funding applications as appropriate. 2. TIME FOR PERFORMANCE The CONSULTANT agrees to perform all services in a timely and diligent manner upon execution Qf this Agreement.. 3. COMPENSATION AND METHOD OF PAYMENT All payments will be made in a timely fashion after receipt of monthly invoice from the CONSULTANT. A. A monthly retainer payment of $9,600.00{ which covers the cost of all travel, lodging, and meal expenses, printing, secretarial services, and phone expenses, for the completion of the tasks to be performed under this contract, shalt be paid by the City beginning the month of August 1998. 4. OWNERSHIP OF DOCUMENTS. Reports, services and other data obtained or prepared in connection with the Agreement are and shall remain the property of the CITY. The CONSULTANT shall have the rights to any and all publication efforts resulting from reports, surveys and other data obtained or prepared in connection with the Agreement. &. TERMINATION This agreement may be terminated by the CITY or CONSULTANT fOF cause. OF by the CITY for convenience, upon thirty (30) days: written notice by the terminating party to the other party of such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date. In the event that the CONSULTANT abandons this AGREEMENT or causes it to be terminated, any applications, maps, work products and reports prepared by CONSULTANT pursuant to this Agreement shall become the property of the CIfiY and shall be delivered by the CONSULTANT to the CITY. 6. NON-DISCRIMINATION The CONSULTANT agrees that it will not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex or national origin, and. to abide by all Federal and State laws regarding non - discrimination. 7. COMPLETENESS AND ACCURACY OF WORM( The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other - documents prepared and compiled under -its obligation pursuant to this Agreement and shall correct at its expense all significant errors or omissions therein which may be disclosed. & PROJECT MANAGER The CONSULTANT'S project manager under this Agreement is Don DeLaney. The CITY'S Project Manager under this Agreement is the Deputy City Manager. Don DeLaney, President SDI, Ind. DATE: WITNESS: FOR THE CONSULTANT FOR CITY TITLE: DATE: WITNESS: FOR THE CITY DATE: DATE: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: August 27, 1998 From: Charles D. Scuff Re: AGENDA ITEM # City Manager Commission meeting Sept. 1, 1998 1997 -98 Budget Amendment. The attached resolution is requesting your authorization for the City Manager to transfer any unencumbered appropriation balance from one department to another in all our budgeted funds for fiscal year 1997 -98, pursuant to Article IV f (1) of the City Charter. For your information, the requested transfer amount for each fund results from projections made by each department and verified by the Finance department using the actual revenue and expenditure figures as of June 1998. For general fund, we have projected expenditure savings of $182,088.00 and revenue overage of $196,648.00 in the 1997 -98 fiscal year budget. The savings have been achieved by means of prudent fiscal management utilized by the City Administration in the ongoing fiscal year, while the additional revenues result partly from aggressive collection and reclassification of prior year expenses to proper accounts. The beginning cash balance for next fiscal year has been adjusted to include the overage and savings expected from this year's budget. Any new savings realized from the current year's budget will be reflected in our end of the year actual cash carryover balance for future budget use. Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 1997 -98 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 1998, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. WHEREAS, Article IV F (1) of the charter of City of South Miami, Florida, provides as follows: At the request of the City Manager and within the last three months of the budget year, the City Commission may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office department to another: and WHEREAS, the City Manager has set forth a series of recommendations in the attached itemized list to transfer line items from one City department to another as of the end of the budget year ending September 30, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the recommendations of the City Manager be, and hereby are, approved and adopted as set forth in the attached itemized list to transfer line items from one city department to another pursuant to the City Charter as of the end of the 1997 -98 budget year. Section 2. That the City Manager be, and hereby is, authorized to take such measures as are necessary to accomplish those transfers. Section 3. That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR CITY OF SOUTH MIAMI BUDGET - 1998/99 PROPOSED BUDGET 4:37 PM8/27/98 PREPARED BY HKO A I B C D E 1 GENERAL FUND - 001 2 OBJECT CODE -0000 3 REVENUE CODE - 03 4 5 6 ADJUSTMENT AMENDED 7 ACCT. ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET 8 NO. 1997 -98 1997 -98 1997 -98 9 10 11.10 -00 AD VALOREM TAXES $3,573,456 0 $3,573,456 11 11.20 -00 DELINQUENT TAXES 40,000 5,000 45,000 12 11.21 -00 PENALTIES & INTEREST 7,000 0 7,000 13 14 TOTAL AD VALOREM TAXES $3,620,456 $5,000 $3,625,456 15 16 FRANCHISE TAXES 17113.10-001 ELECTRICITY $540,000 10,000 $550,000 18 13.20 -00 TELEPHONE 28,000 2,000 30,000 19 13.40 -00 GAS 18,000 2,844 20,844 20 13.50 -00 CABLE T V FRANCHISE 28,000 2,000 30,000 21 22 TOTAL FRANCHISE TAXES $614,000 $16,844 $630,844 23 24 UTILITY TAX 25 14.10 -00 ELECTRICITY $805,000 0 $805,000 26 14.20 -00 TELEPHONE 280,000 20,000 300,000 27114.30-00 WATER 84,000 9,000 93,000 28 14.40 -00 1 GAS 26,000 1,000 27,000 291 i 30 TOTAL UTILITY TAXES $1,195,000 $30,000 $1,225,000 31 32 LICENSES & PERMITS 33 21.10 -00 OCCUPATIONAL LICENSE $230,000 18,000 $248,000 34 21.20 -00 OCCUPATIONAL LICENSE -NE 30,000 (10,000) 20,000 35 22.10 -00 BUILDING PERMITS 275,000 0 275,000 36 29.10 -00 PENALTIES ON OCC LICENSE 6,500 1,500 8,000 37 38 LICENSES & PERMITS $541,500 $9,500 $551,000 39 -TOTAL 40 STATE SHARED TAXES 41 35.10 -11 CIGARETTE TAX $12,250 (1,250) $11,000 42 35.10 -12 REVENUE SHARING 289,293 0 289,293 43135.10-15, BEVERAGE LICENSE 6,200 (200) 6,000 44135.10-1811/2 CENT SALES TAX 510,000 20,000 530,000 45135.49-10 MTR FUEL TAX REFUND 4,100 (3,600) 500 46 35.49 -20 LOCAL OPTION GAS TAX 178,000 0 178,000 47 48 TOTAL STATE SHARED TAXES $999,843 $14,950 $1,014,793 49 THIS PAGE IS PRINTED ON RECYCLED PAPER 4:37 PM8/27/98 PREPARED BY HKO CITY OF SOUTH MIAMI BUDGET - 1998/99 PROPOSED BUDGET 4:37 PM8/27/98 PREPARED BY HKO A B C D E 50 51 --A-- 52 - GENERAL FUND - 01 53 OBJECT CODE - 0000 54 REVENUE CODE-03 55 56 ADJUSTMENT AMENDED 57 ACCT. ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET 58 NO. 1997 -98 1997 -98 1997 -98 59 60 COUNTY REVENUE 61138.20-00 SHARE OF CTY OCC. LICENSE $16,000 0 $16,000 62 63 TOTAL COUNTY REVENUE $16,000 $0 $16,000 64 65 66 67 GENERAL CHARGES 68 41.20 -00 ZONING HEARING FEES $6,500 10,500 $17,000 69 41.30 -00 ENV REV &PRESV BR FEE 4,200 5,800 10,000 70 41.40 -00 MICROFILM SALES 2,500 (1,000) 1,500 71 41.90 -10 B & Z REINSPECTION FEES 5,000 1,000 6,000 72141.90-20 QUALIF FEES - ELECTIONS 800 400 1,200 73141.90-30 CERT. OF USE /OCCUPANCY 25,000 5,000 30,000 74 41.90 -40 CODE ENFORCEMENT FINES 25,000 (15,000) 10,000 75 76 TOTAL GENERAL CHARGES $69,000 $6,700 $75,700 77 _ 78 PUBLIC SAFETY 79 42.10 -10 POLICE SERVICES $35,000 (15,000) $20,000 8o 42.10 -11 POLICE EXTRA DUTY 67,000 (12,000) 55,000 81 821 TOTAL PUBLIC SAFETY $102,000 ($27,000) $75,000 83 84 PHYSICAL CHARGES 88 43.41 -00 SOLID WASTE CHARGES $185,000 (10,000) $175,000 86 43.42 -00 HAULERS PERMIT FEES 15,000 6,000 21,000 87 88 TOTAL PHYSICAL CHARGES $200,000 ($4,000) $196,000 89 90 PARKING SYSTEM 91144.51-00 PERMITS $28,000 12,000 $40,000 92144.52-06 METER FRANCHISE FEES 279,800 20,000 299,800 93 44.53 -00 IVIOLATIONS COLLECTIONS 300,000 (90,000) 210,000 94 95 GROSS PARKING REVENUE $607,800 ($58,000) $549,800 96 less parking contract fee ($139,800) 0 ($139,800) 97 98 NET PARKING REVENUE $468,000 ($58,000) $410,000 99 100 101 RECREATION FEES 102 47.26 -01 TENNIS MEMBERSHIPS -RES. $1,100 (100) $1,000 103 47.26 -10 TENNIS MEMBERSHIP- NON -RE 6,000 1,000 7,000 104 47.26 -20 TENNIS COURT FEES 17,000 (3,000) 14,000 105 47.26 -30 RECREATION FEES 26,000 (6,000) 20,000 106 47.26 -60 CONCESSION STANDS 0 4,500 4,500 107 108 1 TOTAL RECREATION FEES $50,100 ($3,600) $46,500 log _ THIS PAGE IS PRINTED ON RECYCLED PAPER 4:37 PM8/27/98 PREPARED BY HKO CITY OF SOUTH MIAMI BUDGET - 1998/99 PROPOSED BUDGET 4:41 PM8/28/98 PREPARED BY HKO A B C D E 110 111 112 GENERAL FUND - 01 113 OBJECT CODE -0000 114 REVENUE CODE - 03 115 116 ADJUSTMENT AMENDED 117 ACCT. ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET 118 NO. 1997 -98 1997 -98 1997 -98 119 120 FINES & FORFEITURES 121 51.12 -00 METRO COURT FINES $60,000 0 $60,000 122 54.10 -00 BURGLAR ALARM FINES 23,000 9,000 32,000 123 124 TOTAL FINES & FORFEITURES $83,000 $9,000 $92,000 125 126 RENTS & INTEREST 127 61.20 -00 INTEREST INCOME $120,000 40,000 $160,000 00 RENT - FASCELL PARK 7,500 2,500 10,000 00 BUS BENCH ADS 0 2,000 2,000 00 RENT - C.A.A. 22,000 0 22,000 [622 00 RENT -SOUTH MIAMI FIELD 13,000 1,400 14,400 00 RENT -SOUTH MIAMI LIBRARY 0 0 0 -00 RENT S MIA -INT'L BASEBALL 2,000 1,000 3,000 1 TOTAL RENTS & INTEREST $164,500 $46,900 $211,400 136 137 SALES & REIMBURSEMENT 138 66.90 -00 HOSPITAL LANDSCAPE $150,000 0 $150,000 139 69.30 -00 REFUND PRIOR YR'S EXP. 0 90,816 90,816 14o 69.35 -00 PRIOR YEAR'S REVENUE 0 12,318 12,318 141 69.50 -00 REIMB.- WORKERS'COMP. 0 7,220 7,220 69.56 -00 REIMB -PRIOR YR HURCNE EXP 0 0 0 69.92 -01 MISCELLANEOUS- OTHERS 15,000 40,000 55,000 [142 69.92 -10 PARKING ENFORCEMENT 1,700 0 1,700 69.92 -20 GRANT ADMINISTRATN -REIMB 0 0 0 69.92 -25 SUNSET DR MTCE -FDOT REIM 0 0 0 69.92 -50 INSRCE CLAIMS REIMBURSMT 0 0 0 148 81.15 -00 TRSFR FROM WATER & SEWE 60,000 0 60,000 149 82.30 -00 CONTRIBTN -SHOPS AT SUNSE 50,000 0 50,000 150 151 TOTAL SALES & REIMB. $276,700 $150,354 $427,054 152 153 TOTAL GEN. FD REVENUES $8,400,099 $196,648 $8,596,747 CASH CARRYOVER 1,996,114 370,693 2,366,807 [1551 less CONTINGENCY CASH RESERVE (1,000,000) 0 (1,000,000) TOTAL AVAILABLE FUNDS $9,396,213 $567,341 $9,963,554 THIS PAGE IS PRINTED ON RECYCLED PAPER 4:41 PM8/28/98 PREPARED BY HKO CITY OF SOUTH MIAMI BUDGET A B C D E 1 2 ACCT. NO. 1100 1200 1310 1320 1410 1420 1500 1610 1610 1620 1710 1720 1730 1750 1760 1770 1810 1910 2000 2100 AD VALOREM TAXES ADJUSTMENT ADOPTED RECOMMENDED 1997 -98 1997 -98 MILLAGE RATE 6.59 6.59 VALUE OF ONE MILL (BASED ON 570,794 559,198 ASSESSED & PERSONAL PROPERTY) 95% OF 1 MILL (TO ALLOW FOR 542,254 531,238 DELETIONS & DELINQUENCIES) AD VALOREM TAXES (BASED ON 3,573,456 3,500,859 95% OF 1 MILL) DEPARTMENTAL EXPENSES ADJUSTMENT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED 1997 -98 1997 -98 LEGISLATURE -CITY COMMISSION $127,553 $7,027 CITY CLERK 95,774 (486) CITY MANAGER 204,364 12,166 OFFICE SERVICES 130,980 (11,401) FINANCE DEPARTMENT 257,901 (981) NON- DEPARTMENT INSURANCE 563,550 (64,131) CITY ATTORNEY 144,650 15,410 BUILDING & ZONING 0 0 BUILDING DIVISION 354,980 7,676 PLANNING DIVISION 236,064 (26,850) PUBLIC WORKS 2,408,450 (10,386) -BLDG. MAINT 264,914 (9,689) -SOLID WASTE 1,131,682 6,999 - STREET MAINT. 208,946 1,536 - LANDSCAPE MAINT. 201,674 (10,899) - EQUIPMENT MAINT 411,206 (2,495) -OFFC OF DIRECTOR 190,028 4,162 OFFICE OF DEVELOPMENT 104,891 0 POLICE -LAW ENFORCEMENT 3,443,470 (4,831) RECREATION 623,166 (39,549) NON - DEPARTMENTAL EXPENSES 700,421 (65,753) TOTAL EXPENDITURES $9,396,214 ($182,089) AMENDED BUDGET 1997 -98 6.59 559,198 531,238 3,500,859 AMENDED BUDGET 1997 -98 $134,580 95,288 216,530 119,579 256,920 499,419 160,060 0 362,656 209,214 2,398,064 255,225 1,138,681 210,482 190,775 408,711 194,190 104,891 3,438,639 583,617 634,668 $9,214,125 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 F48 CITY OF SOUTH MIAMI BUDGET A B C D E 49 FUND GENERAL DEPARTMENT LEGISLATIVE DIVISION CITY COMMISSION FUNCTION LEGISLATIVE ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 2110 F. I. C. A. 2210 PENSION PLAN -EX COMMISSIONER TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3210 AUDITOR'S FEE 4010 MAYOR'S EXPENSE 4020 COMMISSIONER'S EXPENSE -ONE 4030 COMMISSIONER'S EXPENSE -FOUR 4040 COMMISSIONER'S EXPENSE -THREE 4050 COMMISSIONER'S EXPENSE -TWO 4060 MAYOR'S AUTO ALLOWANCE 4070 TRAVEL & CONFERENCE 4830 KEYS & FLOWERS 4840 TV BROADCSTNG- COMMISSN MTN 5210 SUPPLIES 5410 MEMBERSHIPS & SUBSCRIPTIONS 9910 CONTRIBUTION- SPECIAL EVENTS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 11 00 511 ADOPTED 1997 -98 $25,000 1,913 1,440 $28,353 $28,000 2,400 2,000 2,000 2,000 2,000 500 1,500 4,000 2,500 1,000 3,000 48,300 $99,200 $0 $0 $127,553 5 ADJUSTMENT RECOMMENDED 1997 -98 ($5,000) (383) 0 ($5,383) $0 0 (200) 1,160 0 450 0 0 (1,400) (300) 1,300 1,400 0 $2,410 $10,000 $10,000 $7,027 0 AMENDED BUDGET 1997 -98 $20,000 1,530 1,440 $22,970 $28,000 2,400 1,800 3,160 2,000 2,450 500 1,500 2,600 2,200 2,300 4,400 48,300 $101,610 $10,000 $10,000 $134,580 5 -- 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 CITY OF SOUTH MIAMI BUDGET A B C D E 92 FUND GENERAL DEPARTMENT CITY CLERK DIVISION CITY CLERK FUNCTION EXECUTIVE MANAGEMENT ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1310 SALARIES & WAGES -PART TIME 2110 F. I. C. A. 2220 DEFERRED COMP. CONTRIBUTION 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3450 CONTRACTUAL SERVICES 4060 EMPLOYEE AUTO ALLOWANCE 4070 TRAVEL & CONFERENCE 4080 EDUCATION 4910 LEGAL. AD 4920 ELECTIONS 4930 RECORDING FEES 4950 CODIFICATIONS 5210 SUPPLIES 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 RECORDS RETENTION TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 12 00 512 ADOPTED 1997 -98 $50,000 4,360 4,159 3,000 2,005 $63,524 _ $0 500 2,225 400 18,000 3,500 225 3,000 1,000 400 $29,250 $3,000 $3,000 $95,774 1.5 ADJUSTMENT RECOMMENDED 1997 -98 ($271) (3,360) (278) 0 (92) ($4,001) $2,050 0 (1,958) (285) 4,000 308 0 0 0 (100) $4,015 ($500) ($500) ($486) 0 AMENDED BUDGET 1997 -98 $49,729 1,000 3,881 3,000 1,913 $59,523 $2,050 500 267 115 22,000 3,808 225 3,000 1,000 300 $33,265 $2,500 $2,500 $95,288 1.5 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 CITY OF SOUTH MIAMI BUDGET A I B C D E 135 FUND GENERAL 01 136 DEPARTMENT CITY MANAGER 13 137 DIVISION CITY MANAGER 10 138 FUNCTION EXECUTIVE MANAGEMENT 512 ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 1310 SALARIES & WAGES - PART TIME 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES &SUPPLIES 3160 PRE - EMPLOYMENT PHYSICALS 3450 CONTRACTUAL SERVICES 4060 AUTO ALLOWANCE 4065 CITY MANAGER EXPENSE 4070 TRAVEL & CONFERENCE 4080 EMPLOYEE EDUCATION 4850 ADVERTISING -NON -LEGAL 5210 SUPPLIES 5410 MEMBERSHIPS & SUBSCRIPITIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE 6430 EQUIPMENT- OPERATING TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $118,471 $89 $118,560 25,918 445 26,363 8,736 (8,736) 0 0 0 0 11,714 (627) 11,087 10,525 (2,025) 8,500 0 12,000 2,500 $175,364 ($10,854) $164,510 $1,500 $700 $2,200 2,500 23,000 25,500 4,800 (1,790) 3,010 1,000 0 1,000 1,200 0 1,200 1,000 (500) 500 12,000 0 12,000 2,500 1,500 4,000 1,000 0 1,000 $27,500 $22,910 $50,410 $1,500 $0 $1,500 0 110 110 $1,500 $110 $1,610 $204,364 $12,166 $216,530 3.5 0 3.5 CITY OF SOUTH MIAMI BUDGET FUND GENERAL DEPARTMENT FINANCE DIVISION OFFICE SERVICES FUNCTION FINANCIAL AND ADMINISTRATIVE ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1210 SALARIES & WAGES - REGULAR 1310 SALARIES & WAGES - PART TIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 4070 TRAVEL & CONFERENCE 4110 POSTAGE 4420 LEASE PURCH- POSTAGE MACHINE 4615 MAINT & REP. OFFICE EQUIP 4620 MAINT & REP OPERATING EQUIP 4710 PRINTING /BINDING /PHOTO COPY 4720 PRINTING CONTRACTUAL 5210 SUPPLIES 5220 UNIFORMS 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 13 20 513 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $39,041 $0 $39,041 8,943 0 8,943 3,671 0 3,671 2,005 0 2,005 (4,385) 615 17,000 $53,660 $0 $53,660 $350 ($150) $200 17,000 (2,000) 15,000 4,590 (2,414) 2,176 2,960 40 3,000 5,000 (4,385) 615 17,000 (908) 16,092 2,000 0 2,000 20,000 (1,575) 18,425 200 (14) 186 160 5 165 $69,260 ($11,401) $57,859 $8,060 $0 $8,060 $8,060 $0 $8,060 $130,980 ($11,401) $119,579 1.5 0 1.5 CITY OF SOUTH MIAMI BUDGET FUND GENERAL DEPARTMENT FINANCE DIVISION FINANCIAL & ADMINISTRATION FUNCTION FINANCIAL & ADMINISTRATION ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 1310 SALARIES & WAGES - PART TIME 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 4070 TRAVEL & CONFERENCE 4080 EMPLOYEE EDUCATION 4620 MAINTENANCE - OPERATING EQMT 5210 SUPPLIES 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE TOTAL CAPITAL OUTLAY TOTAL. EXPENDITURES BUDGETED POSITIONS ■ 01 14 10 513 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $98,693 ($95) $981598 111,439 1,769 113,208 0 0 0 500 (100) 400 16,113 121 16,234 12,028 (548) 11,480 ($2,128) $16,550 $238,773 $1,147 $239,920 $900 ($200) $700 1,700 (500) 1,200 6,500 (300) 6,200 8,128 (1,128) 7,000 1,450 0 1,450 $18,678 ($2,128) $16,550 $450 $0 $450 $450 $0 $450 $257,901 ($981) $256,920 6 0 6 CITY OF SOUTH MIAMI BUDGET A B C D E 258 FUND GENERAL DEPARTMENT FINANCE DIVISION INSURANCE FUNCTION OTHER GENERAL GOVT. SERVICES ACCT ACCOUNT CLASSIFICATION NO 2410 WORKERS' COMPENSATION 2510 UNEMPLOYMENT COMPENSATION 4510 PROP'TY & LIABILITY INSURANCE 4520 PUBLIC EMP. BLANKET BOND 4540 BOILER & MACHINERY 4591 POLICE OFFICERS A.D.D. 4592 DEATH BENEFITS FOR PENSION TOTAL SERVICES & SUPPLIES 01 14 20 519 ADOPTED 1997 -98 $273,000 20,000 0 250,000 1,500 2,800 1,250 15,000 $563,550 ADJUSTMENT RECOMMENDED 1997 -98 ($62,105) (10,000) 3,000 13,066 (374) (620) (98) (7,000) ($64,131) AMENDED BUDGET 1997 -98 $210,895 10,000 3,000 263,066 1,126 2,180 1,152 8,000 $499,419 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 CITY OF SOUTH MIAMI BUDGET A B C D E 279 FUND GENERAL DEPARTMENT CITY ATTORNEY DIVISION CITY ATTORNEY FUNCTION LEGAL COUNSEL ACCT ACCOUNT CLASSIFICATION NO SERVICES & SUPPLIES 3120 PROFESSIONAL SERVICES 3410 CONSULTING -LEGAL 3420 CABLE TV FRANCHISE ATTORNEY 3435 CONSULTING -REAL PROPERTY 3440 CONSULTING -LABOR ATTORNEY 3450 CONTRACTUAL SERVICES 4070 TRAVEL & CONFERENCE 5210 SUPPLIES 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 15 00 514 ADOPTED 1997 -98 $75,000 30,000 10,000 12,000 10,000 2,000 2,400 250 1,000 $142,650 $2,000 $2,000 $144,650 ADJUSTMENT RECOMMENDED 1997 -98 $0 33,000 (10,000) (2,000) 0 (1,190) (2,400) 0 0 $17,410 ($2,000) ($2,000) $15,410 AMENDED BUDGET 1997 -98 $75,000 63,000 0 10,000 10,000 _ 810 0 250 1,000 $160,060 $0 $0 $160,060 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 CITY OF SOUTH MIAMI BUDGET A B C D E 314 FUND GENERAL 01 DEPARTMENT BUILDING & ZONING 1610 ACTIVITY BUILDING & ZONING 10 ACCT ACCOUNT CLASSIFICATION ACTUAL NO 1995 -96 SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE $54,012 1210 SALARIES & WAGES - REGULAR 283,457 1410 OVERTIME 1,625 2110 F. I. C. A. 25,927 2310 GROUP HEALTH INSURANCE 18,760 TOTAL PERSONNEL SERVICES $383,781 SERVICES & SUPPLIES 3100 PROFESSIONAL SERVICES $0 3110 PLANNING CONSULTANT 1,546 3150 CONTRACT INSPECTORS 83,484 3450 CONTRACTUAL SERVICES 8,810 3480 MICROFILMING 7,951 4070 TRAVEL & CONFERENCE 3,151 4080 EMPLOYEE- EDUCATION 338 4910 LEGAL ADS(ZONING CHANGES) 6,540 5210 SUPPLIES 11,128 5220 UNIFORMS 780 5410 MEMBERSHIPS & SUBSCRIPTIONS 2,094 TOTAL SERVICES & SUPPLIES $125,823 CAPITAL OUTLAY 6420 EQUIPMENT OFFICE $4,689 6430 EQUIPMENT OPERATING 340 TOTAL CAPITAL OUTLAY $5,029 TOTAL EXPENDITURES $514,632 BUDGETED POSITIONS 0 THIS PAGE IS PRINTED ON RECYCLED PAPER 315 316 317 318 319 320 ADOPTED 321 1995 -96 322 323 $0 324 0 325 0 326 0 327 0 328 329 $0 330 331 332 $0 333 0 334 0 335 0 336 0 337 0 338 0 339 0 340 0 341 0 342 0 343 344 $0 345 346 347 $0 348 0 349 350 $0 351 352 $0 353 354 0 355 356 CITY OF SOUTH MIAMI BUDGET A B C D E 357 358 FUND GENERAL 01 359 DEPARTMENT BUILDING & ZONING 16 360 DIVISION BUILDING 10 361 FUNCTION PROTECTIVE INSPECTIONS 5241 ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3150 CONTRACT INSPECTORS 3450 CONTRACTUAL SERVICES 4070 TRAVEL & CONFERENCE 4080 EMPLOYEE- EDUCATION 4910 LEGAL ADS(ZONING CHANGES) 5210 SUPPLIES 5220 UNIFORMS 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL. SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE 6430 EQUIPMENT OPERATING TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $53,471 $777 $54,248 159,579 715 160,294 0 1,000 1,000 16,298 191 16,489 12,995 (2,917) 10,078 0 1,985 0 $242,343 ($234) $242,109 $104,000 $0 $104,000 2,212 0 2,212 0 356 356 0 7,248 7,248 0 0 0 1,985 0 1,985 0 0 0 710 220 930 $108,907 $7,824 $116,731 $0 $86 $86 3,730 0 3,730 $3,730 86 $3,816 $354,980 $7,676 $362,656 6 0 6 CITY OF SOUTH MIAMI BUDGET FUND GENERAL DEPARTMENT BUILDING & ZONING DIVISION PLANNING & ZONING FUNCTION PROTECTIVE INSPECTIONS ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3100 PROFESSIONAL SERVICES 3450 CONTRACTUAL SERVICES 3480 MICROFILMING 4070 TRAVEL & CONFERENCE 4080 EMPLOYEE- EDUCATION 4910 LEGAL ADS(ZONING CHANGES) 5210 SUPPLIES 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE 6430 EQUIPMENT OPERATING TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS C D E 01 16 20 524 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $50,925 $4,075 $55,000 107,351 (25,429) 81,922 3,002 2,498 5,500 12,338 (1,442) 10,896 10,506 (2,984) 7,522 (5,760) 20,000 3,820 $184,122 ($23,282) $160,840 $5,420 $0 $5,420 5,688 4,312 10,000 3,500 (1,500) 2,000 1,840 (40) 1,800 1,154 0 1,154 25,760 (5,760) 20,000 3,820 (320) 3,500 2,060 (60) 2,000 $49,242. ($3,368) $45.874 $2,700 ($200) $2,500 0 0 0 $2,700 ($200) $2,500 $236,064 ($26,850) $209,214 5 0 5 CITY OF SOUTH MIAMI BUDGET A B C D- - E .O FUND GENERAL DEPARTMENT PUBLIC WORKS DIVISION SUMMARY FUNCTION PHYSICAL ENVIRMNT /GENRL MTCE ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3150 ENGINEERING 3450 CONTRACTUAL - SECURITY 3470 INTERLOCAL AGREEMENT - RECYCL 3610 REFUSE DISPOSAL FEE 4070 TRAVEL & CONFERENCE 4080 EDUCATION 4310 UTILITIES - ELECTRIC 4320 UTILITIES -WATER 4620 MAINT & REP. - OPERATING EQUIP 4625 LANDSCAPE MAINTENANCE 4630 MAINT & REP. -COMM. EQUIP. 4640 MAINT & REP. -STRS & PKWAYS 4650 PARKS & STREETS ELECTRICITY 4670 MAINT & REP.- GROUNDS & STRUCT 4680 MAINT & REP.- OUTSIDE SERVICES 5210 SUPPLIES 5220 UNIFORMS 5230 FUEL & LUB. 5240 PARTS 5250 TIRES 5260 CHEMICALS /SUPPLIES 5270 PERMITS 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 EQUIPMENT OFFICE 6430 EQUIPMENT OPERATING TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES 01 17 XX XXX ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $107,197 $5,307 $112,504 871,547 (9,240) 862,307 46,600 2,800 49,400 78,500 (109) 78,391 70,021 (6,590) 63,431 0 800 53,000 $1,173,865 ($7,832) $1,166,033 $2,000 ($1,000) $1,000 6,500 (500) 6,000 75,000 0 75,000 512,000 15,825 527,825 1,500 (200) 1,300 800 0 800 53,000 (3,000) 50,000 10,000 (4,000) 6,000 4,000 (500) 3,500 20,000 0 20,000 5,700 (1,700) 4,000 4,000 1,000 5,000 81,500 (1,000) 80,500 78,000 0 78,000 52,000 0 52,000 23,700 (2,700) 21,000 11,225 (500) 10,725 84,000 (4,000) 80,000 44,000 2,000 46,000 33,000 0 33,000 7,000 1,000 8,000 1,320 0 1,320 250 0 250 $1,110,495 $725 $1,111,220 $1,075 ($300) $775 109,015 (1,546) 107,469 $110,090 ($1,846) $108,244 $2,394,450 ($8,953) $2,385,497 CITY OF SOUTH MIAMI BUDGET A B C D E 492 FUND GENERAL DEPARTMENT PUBLIC WORKS DIVISION BUILDING MAINTENANCE FUNCTION OTHER GENERAL GOVT. SVCS ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1210 SALARIES & WAGES - REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3450 CONTRACTUAL- SECURITY 4310 UTILITIES- ELECTRIC 4320 UTILITIES -WATER 4620 MAINT & REP.- OPERATING EQUIP 4670 MAINT & REP.- GROUNDS & STRUCT 5210 SUPPLIES 5220 UNIFORMS _ TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 17 10 519 ADOPTED 1997 -98 $103,436 4,000 8,219 8,984 $124,639 $3,500 53,000 10,000 2,000 60,000 10,500 1,200 $140,200 $75 0 $75 $264,914 4 ADJUSTMENT RECOMMENDED 1997 -98 ($1,442) 0 (110) (137) ($1,689) ($500) (3,000) (4,000) (500) 0 0 0 ($8,000) $0 0 $0 ($9,689) 0 AMENDED BUDGET 1997 -98 $101,994 4,000 8,109 8,847 $122,950 $3,000 50,000 6,000 1,500 60,000 10,500 1,200 $132,200 $75 0 $75 $255,225 4 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 CITY OF SOUTH MIAMI BUDGET A I B I C - - - D E 533 FUND GENERAL DEPARTMENT PUBLIC WORKS DIVISION SOLID WASTE COLLECTION FUNCTION PHYSICAL ENVIRONMENT ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1210 SALARIES & WAGES - REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL. PERSONNEL SERVICES SERVICES & SUPPLIES 3470 INTERLOCAL AGREEMENT - RECYCL 3610 REFUSE DISPOSAL FEE 5210 SUPPLIES 5220 UNIFORMS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 17 20 534 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $353,962 ($1,792) $352,170 30,000 (3,000) 27,000 29,434 (427) 29,007 26,061 (2,146) 23,915 $593,825 $439,457 ($7,365) $432,092 $75,000 $0 $75,000 512,000 15,825 527,825 2,700 (200) 2,500 4,125 0 4,125 $593,825 $15,625 $609,450 $98,400 ($1,261) $97,139 $98,400 ($1,261) $97,139 $1,131,682 $6,999 $1,138,681 13 0 13 CITY OF SOUTH MIAMI BUDGET FUND GENERAL DEPARTMENT PUBLIC WORKS DIVISION STREET MAINTENANCE FUNCTION OTHER GENERAL GOVT. SERVICES ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1210 SALARIES & WAGES -REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3150 ENGINEERING 4640 MAINT & REP. -STRS & PARKWAYS 4650 ELECTRICITY 5210 SUPPLIES 5220 UNIFORMS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 17 30 519 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $95,169 $3,075 $98,244 5,000 0 5,000 7,663 235 7,898 6,014 (274) 5,740 0 700 $208,946 $113,846 $3,036 $116,882 $2,000 ($1,000) $1,000 4,000 1,000 5,000 81,500 (1,000) 80,500 3,000 (500) 2,500 700 0 700 $208,946 $1,536 $210,482 $91,200 ($1,500) $89,700 $0 $0 $0 3,900 0 3,900 $3,900 $0 $3,900 $208,946 $1,536 $210,482 3 0 3 CITY OF SOUTH MIAMI BUDGET FUND GENERAL DEPARTMENT PUBLIC WORKS DIVISION LANDSCAPE MAINTENANCE FUNCTION OTHER GENERAL GOVT. SERVICES ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1210 SALARIES & WAGES - REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 4625 LANDSCAPE MAINTENANCE 4670 MAINT & REP -GRDS & STRUCTURE 5210 SUPPLIES 5220 UNIFORMS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS C D 01 17 50 519 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $126,787 ($8,954) $117,833 1,500 3,000 4,500 9,814 (418) 9,396 11,958 (2,527) 9,431 $45,700 $150,059 ($8,899) $141,160 20,000 0 20,000 18,000 0 18,000 6,000 (2,000) 4,000 1,700 0 1,700 $45,700 ($2,000) $43,700 $5,915 $0 $5,915 $5,915 $0 $5,915 $201,674 ($10,899) $190,775 5 0 5 THIS FUNCTION IS FUNDED FROM TWO SOURCES: SOUTH MIAMI HOSPITAL CONTRBT $150,000 AD VALOREM TAXES 68,919 TOTAL $218,919 CITY OF SOUTH MIAMI BUDGET FUND GENERAL DEPARTMENT PUBLIC WORKS DIVISION EQUIPMENT MAINTENANCE FUNCTION OTHER GENERAL GOVT SERVICES ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1210 SALARIES & WAGES - REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 4080 EDUCATION 4620 MAINT & REP.- OPERATING EQUIP 4630 MAINT & REP. -COMM. EQUIP. 4680 MAINT & REP.- OUTSIDE SERVICES 5220 UNIFORMS 5230 FUEL * LUBRICANTS 5240 PARTS 5250 TIRES 5260 CHEMICALS /SUPPLIES TOTAL. SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 17 60 519 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $139,325 ($205) $139,120 5,500 3,000 8,500 11,079 214 11,293 8,502 (586) 7,916 (500) 3,000 84,000 $164,406 $2,423 $166,829 $800 $0 $800 2,000 0 2,000 5,700 (1,700) 4,000 52,000 0 52,000 3,500 (500) 3,000 84,000 (4,000) 80,000 44,000 2,000 46,000 33,000 0 33,000 7,000 1,000 8,000 $232,000 ($3,200) $228,800 $800 ($285) $515 14,000 (1,433) 12,567 $14,800 ($1,718) $13,082 $411,206 ($2,495) $408,711 4 0 4 CITY OF SOUTH MIAMI BUDGET A B C D E con FUND GENERAL DEPARTMENT PUBLIC WORKS DIVISION OFFICE OF THE DIRECTOR FUNCTION OTHER GENERAL GOVT. SERVICES ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3450 CONTRACTUAL SERVICES 4070 TRAVEL & CONFERENCE 5210 SUPPLIES 5270 PERMITS 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS 01 17 70 519 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $107,197 $5,307 $112,504 52,868 78 52,946 600 (200) 400 12,291 397 12,688 8,502 (920) 7,582 $7,570 $181,458 $4,662 $186,120 $3,000 $0 $3,000 1,500 (200) 1,300 1,500 0 1,500 1,320 0 1,320 250 0 250 $7,570 ($200) $7,370 $1,000 ($300) $700 0 0 0 $1,000 ($300) $700 $190,028 $4,162 $194,190 4 0 4 CITY OF SOUTH MIAMI BUDGET A I B C D E 728 FUND GENERAL 01 729 DEPARTMENT OFFICE OF DEVELOPMENT 18 730 DIVISION COMMUNITY DEVELOPMENT 10 731 FUNCTION OTHER ECONOMIC ENVIRONMENT 559 ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3450 CONTRACTUAL SERVICES 4070 TRAVEL & CONFERENCES 4110 TELEPHONE - REGULAR 4310 UTILITIES -ELECTRIC 4320 UTILITIES -WATER 4400 OFFICE RENTAL 4405 COPIER LEASE 4670 MAINT. & REPAIRS - STRUCTURES 5210 SUPPLIES 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT TOTAL EXPENDITURES BUDGETED POSITIONS ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $57,709 $0 $57,709 18,996 0 18,996 5,868 0 5,868 4,010 0 4,010 0 400 6,600 $86,583 $0 $86,583 $420 $0 $420 1,500 0 1,500 2,500 0 2,500 1,500 0 1,500 400 0 400 6,600 0 6,600 1,140 0 1,140 0 0 0 1,140 0 1,140 2,000 0 2,000 17,200 0 17,200 $500 $0 $500 608 0 608 $1,108 $0 $1,108 1104,891 $0 $104,891 2 0 2 CITY OF SOUTH MIAMI BUDGET FUND GENERAL DEPARTMENT PUBLIC SAFETY DIVISION POLICE FUNCTION LAW ENFORCEMENT ACCT NO ACCOUNT CLASSIFICATION SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 1310 SALARIES & WAGES - PART TIME 1410 OVERTIME 1510 SPECIAL PAY - EDUCATION INCEN. 1610 OFF DUTY PAY 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE 2710 HAZARD PAY TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3116 ANNUAL PHYSICALS & DRUG TEST 3450 CONTRACTUAL SERVICES 3490 CRIME PREVENTION PROGRAM 4070 TRAVEL & CONFERENCE 4080 TRAINING & EDUCATION 4410 LEASE PURCHASE 4440 LEASE PURCHASE - TELEPHONE 4620 MAINTENANCE & REP. -EQUIP 4630 MAINT & REP -COMM EQUIP 4670 MAINTENANCE & REP.- STRUCTURE 4940 PRISONER DETENTION 4970 EMPLOYEE TESTING 5010 SPECIAL INVESTIGATIONS 5210 SUPPLIES 5220 UNIFORMS 5410 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS C D E 01 19 10 521 ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $374,918 $13,543 $388,461 2,041,447 (42,094) 1,999,353 22,914 (8,358) 14,556 220,000 30,000 250,000 18,420 1,580 20,000 67,000 0 67,000 210,985 (8) 210,977 129,534 (12,982) 116,552 13,260 (760) 12,500 (500) 500 100 $3,098,478 ($19,079) $3,079,399 $8,845 ($3,830) $5,015 30,016 (16) 30,000 2,750 1,250 4,000 1,000 0 1,000 10,000 0 10,000 4,550 0 4,550 0 2,790 2,790 12,100 4,000 16,100 30,081 (1,581) 28,500 1,000 (500) 500 100 0 100 3,750 3,750 7,500 1,000 3,000 4,000 30,045 (5,350) 24,695 32,910 9,000 41,910 2,000 800 2,800 $170,147 $13,313 $183,460 $5,780 $0 $5,780 169,065 935 170,000 $174,845 $935 $175,780 $3,443,470 ($4,831) $3,438,639 62 0 62 CITY OF SOUTH MIAMI BUDGET A I B C I D E FUND GENERAL 01 DEPARTMENT RECREATION 20 DIVISION PARKS & RECREATION 00 FUNCTION RECREATION ACTIVITIES 572 ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 1210 SALARIES & WAGES - REGULAR 1310 SALARIES & WAGES - PART TIME 1410 OVERTIME 2110 F. I. C. A. 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3130 TENNIS PRO 3450 CONTRACTUAL SERVICES 4070 TRAVEL & CONFERENCE 4340 ELECTRICITY (CITY PARKS) 4620 MAINT & REP - OPERATING EQUIP 4690 MAINT & REP.- TENNIS FACILITY 4820 FOURTH OF JULY FIREWORKS 5110 OUTSIDE SERVICE RENTAL 5210 SUPPLIES 5220 UNIFORMS 5410 MEMBERSHIPS & SUBSCRIPTIONS 5550 SCHOOL PROGRAMS 5610 BASEBALL 5620 SOFTBALL 5621 ADULT SOFTBALL LEAGUES 5630 FOOTBALL 5631 CHEERLEADERS 5635 DANCE /MODELING 5640 BASKETBALL 5641 ADULT BASKETBALL LEAGUES 5650 SOCCER 5660 SPECIAL YOUTH PROGRAMS 5670 SPECIAL RECREATION PROGRAMS 5680 SENIOR CITIZENS PROGRAM TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $50,682 ($8,828) $41,854 <. 183,343 1,447 184,790 '. 54,738 (4,248) 50,490 0 0 0 22,090 (889) 21,201 19,489 (2,800) 16,689 $330,342 ($15,318) $315,024 i $17,000 $0 $17,000 7,344 0 7,344 650 50 700 €. 30,900 (2,000) 28,900 48,400 0 48,400 5,950 4,196 10,146 10,050 4,950 15,000 7,350 (1,000) 6,350 3,160 0 3,160 2,500 0 2,500 7,710 (5,490) 2,220 i 27,000 (2,704) 24,296: 10,645 (9,005) 1,640 3,000 (1,247) 1,753 6,500 (3,500) 3,000 27,000 2,415 29,415 7,239 (2,239) 5,000 5,120 (1,820) 3,300 5,000 (3,000) 2,000 2,400 (775) 1,625 F 1,870 (566) 1,304 15,810 11,971 27,781 1,920 0 1,920 23,480 (8,480) 15,000 $277,998 ($18,244) $259,754 i $651 ($450) $201 14,175 (5,537) 8,638 $14,826 ($5,987) $8,839 $623,166 ($39,549) $583,617 11.5 0.50 121 CITY OF SOUTH MIAMI BUDGET A I B C D E 882 FUND GENERAL 01 883 DEPARTMENT NON - DEPARTMENTAL EXPENSES 21 884 DIVISION NON - DEPARTMENTAL EXPENSES 00 885 FUNCTION OTHER GENERAL GOVT SERVICES 519 ACCT ACCOUNT CLASSIFICATION NO SALARIES & FRINGE BENEFITS 1210 SALARIES &WAGES - REGULAR 1410 SALARIES & WAGES - OVERTIME 2110 F.I.C.A. 2210 PENSION PLAN CONTRIBUTIONS 2220 DEFERRED COMPENSATION CONT 2310 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES 3140 PENSION PLAN - CONSULTANTS 4070 TRAVEL & CONFERENCE 4080 EMPLOYEE EDUCATION 4110 COMMUNICATIONS- TELEPHONE SE 4425 LEASE PURCHASE - POLICE 800 MH 4430 LEASE PURCHASE - PRINTER 4630 MAINTENANCE & REP -COMM EQPT 4633 MAINTCE- COMPUTER NETWORK 4635 MAINT P. C. EQUIPMENT 5510 GENERAL CONTINGENCY 5550 AFTER SCHOOL PROGRAM 5590 LONG RANGE PLANNING 9200 CONTRIBUTION TO INS. FUND 9920 GENERAL CONTINGENCY 9925 FUCHS PARK GRANT MATCHNG FN 9930 64TH AVE PARK LOAN REPAYMENT 9935 COMPUTER NETWORK LOAN REPY 9950 RESERVE FOR REENCUMBRANCES TOTAL SERVICES & SUPPLIES CAPITAL OUTLAY 6420 OFFICE EQUIPMENT 6430 OPERATING EQUIPMENT 6440 ACQUISTN OF PARKING METERS TOTAL EXPENDITURES BUDGETED POSITIONS ADJUSTMENT AMENDED ADOPTED RECOMMENDED BUDGET 1997 -98 1997 -98 1997 -98 $40,993 ($140) $40,853 0 164 164 3,136 2 3,138 145,000 (4,181) 140,819 18,000 (3,000) 15,000 2,005 (211) 1,794 (500) 1,000 15,000 $209,134 ($7,366) $201,768 $14,000 ($1,000) $13,000 1,000 0 1,000 1,000 0 1,000 40,000 0 40,000 25,300 0 25,300 4,015 0 4,015 1,500 (500) 1,000 15,000 0 15,000 10,350 0 10,350 0 0 0 0 0 0 30,000 0 30,000 25,000 0 25,000 80,000 (30,000) 50,000 40,000 0 40,000 35,000 0 35,000 60,000 3,113 63,113 45,000 (30,000) 15,000 $427,165 ($58,387) $368,778 750 0 750 33,372 0 33,372 30,000 0 30,000 $64,122 $0 $64,122 $700,421 ($65,753) $634,668 1 0 1 CITY OF SOUTH MIAMI BUDGET - 1998/99 FISCAL YEAR REVENUE /EXPENSE SUMMARY FUND LOCAL OPTION GAS TRST FUND -2 112 DEPARTMENT PUBLIC WORKS 17 DIVISION STREETS 30 FUNCTION OTHER GENERAL GOVT SERVICES 541 ADJUSTMENT AMENDED ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET NO 1997 48 1997 -98 1997 -98 REVENUES 330.100 INTERGOVERNMENTAL REVENUE $80,000 (5,000) $85,000 335.492 LOCAL OPTION GAS TAX 0 0 0 361.200 INTEREST INCOME 2,000 (2,500) 4,500 CASH CARRY OVER BEGINNING YEAR 147,229 (7,429) 154,658 TOTAL REVENUE $229,229 ($14,929) $244,158 EXPENSES 3450 4640 CONTRACTUAL SERVICES MAINT & REPAIR STRS /PARKWAYS $0 110,000 (91,000) (38,000) $91,000 148,000 6270 INFRASTRUCTURE PROJECTS 10,000 10,000 0 TOTAL GAS FUND EXPENSES $120,000 ($119,000) $239,000 i CASH CARRY OVER END OF YEAR $109,229 $104,071 $5,158 CITY OF SOUTH MIAMI BUDGET - 1998/99 FISCAL YEAR REVENUE /EXPENSE SUMMARY FUND POLICE FORFEITURE - FEDERAL 615 DEPARTMENT POLICE 19 DIVISION POLICE 10 FUNCTION LAW ENFORCEMENT 521 ADJUSTMENT AMENDED ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET NO 1997 -98 1997 -98 1997 -98 REVENUES 330.100 INTERGOVERNMENTAL REVENUES $60,000 60,000 $0 351.100 CONFISCATED REVENUE 5,000 2,785 2,215 351.200 AUCTION REVENUE 200 200 0 361.200 'INTERESTINCOME 1,000 (3,900) 4,900 CASH CARRY OVER BEGINNING YEAR 165,606 0 165,606 TOTAL REVENUE $231,806 $59,085 $172,721 EXPENSES 1410 OVERTIME $5,000 5,000 $0 2110 FICA 383 383 0 3100 PROFESSIONAL SERVICES 5,000 5,000 0 4000 TRAVEL & PER DIEM 1,000 1,000 0 4110 COMM. -TEL. SERVICE 8,000 8,000 0 4400 RENTAL & LEASES 15,000 (4,000) 19,000 4680 MAINTENANCE - OUTSIDE SERVICES 500 0 500 4900 SPECIAL INVESTIGATIONS 1,500 0 1,500 5210 OPERATING SUPPLIES 100 (650) 750 5410 MEMBERSHIPS & SUBSCRIPTIONS 0 0 0 6420 OFFICE EQUIPMENT 0 6430 OPERATING EQUIPMENT 1,000 (22,110) 23,110 9910 IMISCELLANEOUS 100 0 100 9925 REIMBSMNT TO REVOLVING TRST 0 0 0 TOTAL FED FORFEITURE FUND EXPENSI 37,583 (7,377) 44,960 CASH CARRY OVER END OF YEAR 194,223 66,462 127,761 CITY OF SOUTH MIAMI BUDGET - 1998199 FISCAL YEAR REVENUE /EXPENSE SUMMARY FUND REVOLVING TRUST FUND 105 DEPARTMENT CITY MANAGER 13 DIVISION CITY MANAGER 10 FUNCTION EXECUTIVE MANAGEMENT 513 ADJUSTMENT AMENDED ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET NO 1997 -98 1997 -98 1997 -98 REVENUES 361.200 INTEREST INCOME $1,000 $180 $820 361.400 DIVIDENDS INCOME 0 0 0 381.150 _ TRANSFER FROM FORFEITURE FUND 0 0 0 BEGINNING CASH CARRYOVER 19,668 2,760 16,908 TOTAL AVAILABLE FUNDS $203668 $2,940 $17,728 - - - - - -- ------- - - - - - -- - - - - - -- - - - - - -- - - - - - -- EXPENSES - OPERATING 1310 -3152 ADMINISTRATIVE FEES 0 0 0 1310 -6100 LAND ACQUISITION 0 0 0 SUB TOTAL $0 $0 $0 EXPENSES- CONSTRUCTION - PUBLIC WORKS COMPLEX 1710 -3151 P. W. PROFESSIONAL SERVICES 0 0 0 1710 -6550 P. W. BUILDING CONSTRUCTION 0 0 0 SUB TOTAL $0 $0 $0 TOTAL REVOLVING TRUST FUND EXPENSES $0 $0 $0 CASH CARRY OVER END OF YEAR $20,668 $2,940 $17,728 CITY OF SOUTH MIAMI BUDGET - 1998/99 FISCAL YEAR I REVENUE /EXPENSE SUMMARY j FUND SELF INSURANCE FUND 504 DEPARTMENT ATTORNEY 15 DIVISION ATTORNEY 00 FUNCTION LEGAL COUNSEL 514 ADJUSTMENT AMENDED ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMM_E_NDE BUDGET NO 1997 -98 1997 -98 1997 -98 REVENUES 361.200 INTEREST INCOME $4,000 (3,115) $7,115 369.900 INSURANCE CLAIM RECOVERY 1,000 1,000 0 369.920 MISCELLANEOUS -OTHERS 0 0 0 381.200 CONTRIBUTIONS FROM GENRL FUND 25,000 0 25,000 BEGINNING CASH CARRYOVER 109,206 8,283 100,923 TOTAL REVENUE $139,206 $6,168 $133,038 EXPENSES 3100 PROFESSIONAL SERVICES $1,000 1,000 $0 4680 AUTO REPAIRS 5,000 (5,000) 10,000 6430 OPERATING EQUIPMENT 0 (8,100) 8,100 9925 SETTLEMENTS 10,000 5,000 5,000 TOTAL EXPENSES $16,000 ($7,100) $23,100 CASH CARRY OVER END OF YEAR 123,206 13,268 109,938 CITY OF SOUTH MIAMI BUDGET - 1998/99 FISCAL YEAR REVENUE /EXPENSE SUMMARY FUND FORFEITURE FUND -STATE 608 DEPARTMENT POLICE 19 DIVISION POLICE 70 FUNCTION LAW ENFORCEMENT 521' ADJUSTMENT AMENDED ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET NO 1997 -98 1997 -98 1997 -98 REVENUES 330.100 INTERGOVERNMENTAL REVENUES $0 0 $0 351.100 CONFISCATED REVENUE 15,000 (23,000) 38,000 351.200 AUCTION REVENUE 0 (3,809) 3,809 361.200 INTEREST INCOME 0 (892) 892 BEGINNING CASH CARRYOVER 25,651 0 25,651 TOTAL REVENUE $40,651 ($27,701) $68,352 EXPENSES 1210 SALARIES & WAGES- REGULAR $0 0 $0 1410 SALARIES & WAGES - OVERTIME 3,500 3,500 0 2110 FICA 268 268 0 3100 PROFESSIONAL SERVICES 2,500 500 2,000 TRAVEL AVEL & PER DIEM 1,000 1,000 0 4080 EMPLOYEE EDUCATION 0 0 0 4120 COMM: TEL. SERVICE 0 _ 0 0 4310 UTILITIES - ELECTRIC 0 0 1 0 4400 RENTAL & LEASES 11000 500 500 4680 MAINTENANCE - OUTSIDE SERVICES 0 (105) 105 4960 SPECIAL INVESTIGATIONS 6,000 5,000 1,000 5210 OPERATING SUPPLIES 1,000 900 100 6430 OPERATING EQUIPMENT 1,000 1,000 0 9960 MISCELLANEOUS 1,000 (500) 1,500 TOTAL FORFEITURE FUND EXPENSES $17,268 $12,063 $5,205 CASH CARRY OVER END OF YEAR $23,383 ($39,764) $63,147 CITY OF SOUTH MIAMI BUDGET - 1998/99 FISCAL YEAR REVENUE /EXPENSE SUMMARY FUND BOND TRUST FUND - SEWERS 202 DEPARTMENT FINANCE 14 DIVISION FINANCE 10 FUNCTION FINANCE & ADMINISTRATION 513 ADJUSTMENT AMENDED ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET NO 1997 -98 1997 -98 1997 -98 REVENUES 30.100 INTERGOVERNMENTAL REVENUE $0 0 $0 61.200 INTEREST INCOME 6,500 (7,754) 14,254 BEGINNING CASH CARRYOVER 305,783 (5,200) 310,983 TOTAL REVENUE $312,283 ($12,954) $325,237 EXPENSES 7100 BOND PRINCIPAL $0 0 $0 7200 INTEREST EXPENSE 0 0 0 7300 BANKING FEES 1,300 1,300 0 TOTAL EXPENSES $1,300 $1,300 $0 CASH CARRY OVER END OF YEAR $310,983 ($14,254) $325,237 THE FINAL PAYMENT ON THE 1965 AND 1967 BONDS WAS MADE IN JANU CITY OF SOUTH MIAMI BUDGET - 1998/99 FISCAL YEAR REVENUE /EXPENSE SUMMARY FUND STORM WATER DRAIN TRUST 111 DEPARTMENT PUBLIC WORKS 17 DIVISION STREETS 30 FUNCTION OTHER GENERAL GOVT. SERVICES 541 ADJUSTMENT AMENDED ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDE BUDGET NO 1997 -98 1997 -98 1997 -98 REVENUES 30.100 INTERGOVERNMENTAL REVENUE $166,000 (1,000) $167,000 61.200 INTEREST INCOME 2,500 (3,580) 6,080 CASH CARRY OVER BEGINNING YEAR 144,279 (23,555) 167,834 TOTAL REVENUE $312,779 ($28,135) $340,914 EXPENSES 3450 CONTRACTUAL SERVICES $50,000 0 $50,000 4640 MAINT & REPAIR STRS /PARKWAYS 50,000 5,000 45,000 6490 CONSTRUCTION PROJECTS 10,000 10,000 0 9120 STREET SWEEPING TRANSFER -GEN FN 60,000 0 _ 60,000 TOTAL DRAIN FUND EXPENSES $170,000 $15,000 $155,000 CASH CARRY OVER END OF YEAR $142,779 ($43,135) $185,914 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 8/28/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1/98 City Manager Community Relations Board The attached ordinance which amends Section 2- 26.6(a) of the Code of Ordinances increases the Community Relations Board membership from ten to 15 members is sponsored by Mayor Julio Robaina. Since the re- establishment of this Board there was been great interest shown and individuals willing to volunteer their time for the betterment of mankind. The Board's membership is being increased to broaden the diversity and scope of participation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ORDINANCE NO. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2- 26.6(a) OF THE CODE OF ORDINANCES; PROVIDING FOR INCREASE IN MEMBERSHIP; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -26.6 of the City Code of Ordinances creates the Community Relations Board. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 2 -26.6 of the City Code of Ordinances is hereby amended to read. (a) Created; There is hereby created a community relations board for the city. Said board shall consist of fifteen members. The members shall be diverse religious, and ethnic. These individuals shall be selected because of their leadership role in their own groups. 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 this 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 day of ATTEST: APPROVED: CITY CLERK 1St Reading 2nd Reading - READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros Commissioner Feliu: Commissioner Bethel: Commissioner Russell: . 1998. To: Mayor and Commission From: Charles Scurr City Manager CITY OF SOUTH MIAMI Date: September 1, 1998 Agenda Item # Education, Employment and Empowerment Program The attached resolution is sponsored by Commissioner Feliu. As we enter the new millennium and are in the midst of technological and social change, there is an important need in the City of South Miami to foster education, employment and empowerment for and among the young adults of the community. There are a number of major employment generators within the City, such as the Shops at Sunset Place, South Miami Hospital and the construction industry. However, many young people within the community lack the very basic skills necessary to take advantage of these opportunities and become contributing members of the community. The abolishment of welfare will put tremendous strain on the community. The Welfare to Work Program is attempting to address these issues. However, the primary focus of Welfare to Work is on the current portion of the population that is on welfare, which are predominantly women and their children. There exists a critical need to address the education and employment issues related to those persons, primarily young African - American males, who are not eligible to participate in the Welfare to Work programs. The Education, Employment and Empowerment Program being developed by the Wounded Healers, Inc. is addressing these needs. Working cooperatively with the School Board and major local employers the program will help young adults to: • Obtain a High School Diploma; • Learn and develop marketable job skills through on the job training, mentoring and job appreciation; and • Develop positive self esteem and a positive personal ambiance encompassing appropriate attire, personal hygiene, positive behavior and a positive marketable image. It is recommended that the City approve a seed money grant of $5,000. This grant will be matched by the Wounded Healers. This seed money will form the base for the Wounded Healers to obtain similar grants from local businesses in South Miami and Dade County and to operate the program. The concept supporting seed money funding is to have the City act in a facilitating role to help a positive program get off the ground, secure other funding sources and begin implementation. A complete description of the program is attached. Funding is available in Account # 001 -2100 -519 -9920, Non - Departmental General Contingency, which has a current fund balance of $16,000.00. Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANTS; PROVIDING FOR SEED MONEY FUNDING OF THE EDUCATION, EMPLOYMENT AND EMPOWERMENT PROGRAM OF THE WOUNDED HEALERS, INC., APPROVING FUNDING IN AN AMOUNT NOT EXCEEDING $5,000.00 FROM ACCOUNT NUMBER 001 - 2100 -519 -9920, NON - DEPARTMENTAL GENERAL CONTINGENCY WHEREAS, there is an important need in the City of South Miami to foster education and employment fro and among young adults in the African- American community; and WHEREAS, the programs currently available are not reaching the majority of young males within the community; and WHEREAS, the Wounded Healers, Inc. is developing such a program and is need of seed money to get the program started; and WHEREAS, the Mayor and City Commission wish to express their support and provide seed money to help this important program become a reality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby authorizes the City Manager to disburse payment to The Wounded Healers, Inc., as seed money for the Education, Employment and Empowerment Program in an amount not to exceed $5,000.00 from Account # 001 - 2100 -519 -9920, Non - Departmental General Contingency. 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 11C iWIN'Slull vl E-dUCaLLIOD, Emp OVURAIL.. LIRPOWCfMclu T-1 D Dre DY MC LUC v UnGr AiriCall -1-U), C11 I rogtam IN to _'o --i - -- -can adult vl -00�srt file skills. Miaml-113"aake;. C_ Ounty �W- -Itil-L . �W TT--j� 4- 1 _C v 0- W LL) az!6RA vVU 11 pA_UIL;du -;--- �A_I+ _k jl� - __ - _ _ A AMCEtCall allLt-ILS wno reside ni Nuania-Dade UOU .11 LO HIOLI Ifiv, chafiefiges or develODIRO'lMO gainfully employed p0-61LIve L1111 14 Y A_ A T anu DanicroaLliG 4.ALILells� WoUllucu IlCaWIS" Incor-p orate il was estaul sheu M_ 1997 and blas slDCC; CVO,-I-v-eu UILO a QOaIeSCiRl DOCCV nity tha-t e-tic-offiffiD ass es: busirm-sses, murlicipa-li grovemment. comi leaders and othus who I-La7v-e recognized the MIDonance of A Al 4-1- US 1171rougn L1110 OuflIJ- a -lu ImFestmg tim, e arms rcsouf�cs wAll today- - ✓ - I Education, hi—IlDilo—vi'llern. Ernpower-minerit Program. I MS DI-0-DO—Sal i6;OUtams Wauds anuff- descriMLIU113 Lj_ldL arQ XIT considerecil to lbe of aDfO-rleMary 'nlierke;-st Lo idle oundled tied ICTS iii A _Lee -1 -sive I ne CMILCMAS Ol WIS prOvosal are, HILVAILIeU 10i XL U A t review and conslUver-tivii or C v of South Miami. u ial No l Cy S-a-usequenit disclosure of me maLCI n contained hercin is audivitz d. I i Oallim 'Statle ffille In t i is we CAUCT -a ifilew i-Lullicimi71111 and arc in me ffildst ill ;per as ieLlmollogical ai-idl sociall diau -gle. dhete is thliLi 1WIDoina for and need to 'LVS+LCr Ef_df_aCaLiOi7JL F'mp oyment artd Empowermera T%-A WHIOng t ie you g achails 01 LRC IVIlarril-Ijau %-OMMY Corl-RIUMIRY. 1 0 aCil_lCvCsuccess and develop a rfitea lit ng-LU-1 and fewarding VOCaU011. 1 fle r-CluCaLlOrl, lunployment and Lmp O-Werm-ent Program is a consortia mit-lima- t I N,'-- C � to assisLi all rWaUle IN-L-laimi-Ijacle coun ty --ounc; adulis to: Obtain a I-ligh schooll di-MOH7M, x Learn anCil Uevelopinaf is to I ob skil-hS i'moltign CAI Me j 0 u x - trairim- mel-AL01-inur and job appreciation i 0 deVC10-D DOSILIve IS& if -CSteeM aFlu a pOSILIve pCis iia x x awilb-i-ance C-41COMDassing: kppropriwLe -a-L-Lire.. Dersortall. -e lu r--QLaMe A ve Dehavior and aDOSAIN, - mat I-PY-Glefic WSJ i linage. m- I L-- i lo-- 0 4 I tie methou's Mat u LI IA-m L, acc inplISLI ule z In v Wairi s -aussiloll a-LICI 0 V I " Ll V CN al 16; aN lunki w 2�. 14. iu., app piolf-Iliam will bic asseSised 1W SUILabAW .oii%,a-7117LS to '-f-C A - I -twRovir �- + i L -mll-Ig an eiuolliece by the Ed-U, , I Df-am o beco cation x E, muowermern, -Assessmient Center. Furthcel-i-Iii-A-e- am) -D-11-ca nt s 410 pie Df O!afal-11 -v.k'lii L-),-; in formed if -tat Cl-ffOiif!WIIL ob --skill devel-ODUlleiii, IrILCIiT],Z-,Iil:tj' WIG CRIDIONJIMIL a ioma thi�- COrItillgefi-LU DO fil their aca-u-m-ning. aa bl-lah sou oo, dao� L� C, Drogram inligh scilool equivalence -phase. Enrollees be plak-led + ir, an int--3-.1se LV,--La--I irartiersion Dfourarn -Lk-Y 1-0-stier POSIUVC develODIRCMm acciuirui2 ar, education , apositive persollal afflDiall" allu Mafe table lis. ( 'A aboations w `1 11 iarnl- Dade Co-an. Public S-'ChOols- T he Florid-la pia nnieni Of La-boy Lv- Ernplo-yrnei'll -'Seclffi-LY, Ine ")IIODDCS aA NallSet.. i pie AN 0-1 Miami, ibuswiess antra come it:} Icadets will assist in fostermg the erifoiiees- suCCCSSI. i 4 pre--e-4- 0%; intfocluc and N IILCC Marke table j- do s lil's will �4u rs ar I Ves froin meal al Cl ir�-+ Ortal DLjSilleSSeS- �U L;dLO L01 iepresentww Oc an aLl c OR Suit ains. at eveny program enffoi --D-- it is our intent 'to ii suit Lil IVIV V Laul a -1 A th 0 a wi luti 8 months. H12,11 SC-1100 Cup 0111 LI-I program U-1 ve insure 1 1- - IIIL-eli - -- 1 t at even, 6rain uru.Hee t develot) i-narkCIable job slk-las Within v mWILL-Is. every program efffol it IS tile 11-fteElt oli-AfliC organizatiOn thaL, Ilee �- A A---i A I a .. -h acquire and clevetop lob appyeC-liation twoual ciaSsroom H tra-bo WC-10C) training. ment0ring. mt p at-L iSLI vAl iL 0111- UlLerr, d smiWatl0d sessions. 4. it s the, specific Ill-Win of trie orga-7nization ILCJ prepare allu develop each, prograrn eirrollee with a DOSILl-VC- DI-SO-flaffi A a�m iarC;e encof--apassmg: P 1 . a. Personal fily-gie-ne U. Good, grooMM8 ap--- ptopriatte. d. IL OsItivC, SCAL C-stec-l-ft e. ros-ILlve bel-iwvriot Patterns -A 1. 1 flU�MiVe all!WUL; LVVIIIV�W-Ll ILMUION-1-11CARL allU Il itv tlia a t 1011 l lc Success ariu effectiveness ol 111C 1--ld .call 01-11, lii 10- + VIIII,'AlL ErtupO-W-C-1-1-1,1ent ti-I-0--i-l-R-a-Mil 'vN.'Iii Uk;, UCKA hicu in the loillow-l-Ing mairri cr. , OileeS. I . -Pre a rtu DOS! teSl L 01 C411 Z. TUC fluillu f 0 erffollees earning their Iligii- l - �ciit� � I CUMOMS. A. lu E Ifle RUIRMi UX C1110nic.A� �;alllfa CH Icy yuu US a U11CLA lVw�)U L of ,' he fulfl-4ti-Ve. Me nuirwer -I anollecs ac quirwig and cleveloping me DOSI-IL DVe- DJC-_FS0_11aW- alIIOlaFLCC;. Sui-ill-flary it 9 -h d/ b/ a/ UJI 4.� u IIC !jOalU Of I-JiL 16, ' - - is o amt viii P T r c4 i 3 i of �,. T-1 Ly - __l - ills WOURUCU I-IcalCiS. Inkknuorated reSDeCttlaii7y SUDMAS 1-0. co ill ucratlolfl ON., F LIIC %_•_lLY k3l SOUtIll, Miami dtlo c � ulis DfODOSal III SUPD011 01 ThIc EC-FLIC ATT--!,__ Ernpowennientfrogafam. Me vVocuided Healcas- I incoroo rated x 4- A A A - I- f $ and requests a graiii of 2) 0 0.00 to assist with me eve-lo , -0 1p if lemelutati011 TIR, I_UUL;aLA_)Il him to ovu- ent Einpowern-lerit -1-71 �, -ncyr-ii - Thle I-AnpowCerl—IlerlL -FlUt, a, i is a tr JVl_ M; MAIM VC Lh;�1811VU Lv CUMwaLC; affil, uVC100 allu Dil0tcollila-boraw i W- -4--t-ti- urica- cricu flastc- wc CrInf-V Ol I e -,An alien AM an youth Of Miami-Dacle -a. cl %"VU-L-ILV HILO OMMIllillig a ugh schoul diplorn eve!ODirig allu lea-cau'la inaeketabule Job s1b.-Iiis lc-aming allu uv,'Vl6._J0DU7lg vc POSM-1-C personal al—l-lbuia—D-Ce a-lid-I ObLairullig gainlui UDO-111 A CIOMIP-ICUOIL 01 MC; DII 00��t alli. 2A MURK Ul Ul local businesses, --A orgculu-Atioris cuid muividuals -have madle contrIDUt-1011-S to UIC, DrOMMI becaus-e they recC)EMilize Ws iie-cu and Lhte chiallella'CiS t'lla-L T7 T� Er lilt _Lldwcat -cruloyrale-Ant. Ernip0wermern Program, CIE-N LU x � I x