10-06-98MAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr
VICE MAYOR: Annando 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: October 6, 1998 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: October 20, 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 appearina in a paid or
remnerated representative capacity before the City Staff, Boards, Committees and the City
Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging
in lobbying activities.
CALL TO ORDER:
A. Invocation:
B. Pledge of Allegiance:
C. Presentation(s):
1. Employee of the Month
2. Introduction of new city employees
3. Parks & Recreation Presentations
ITEMS FOR THE COMMISSION'S CONSIDERATION:
4. Approval of Minutes:
Regular City Commission Minutes - September 15, 1998
5. City Manager's Report:
6. City Attorney's Report:
REGULAR CITY COMMISSION 1
AGENDA - October 6, 1998
CONSENT AGENDA
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $2,600 FOR PURCHASE OF A
COLOR LASER PRINTER AND CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 001 - 2100- 519.6430 OPERATING EQUIPMENT FY
1997 -98
(Administration /Finance Dept.) 3/5
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $2,927.14 FOR PURCHASE
OF 2 COMPUTERS AND ONE MICROSOFT ACCESS DATABASE
SOFTWARE LICENSE FOR THE FINANCE DEPARTMENT, AND
CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 -2100-
519.6430 OPERATING EQUIPMENT, FY 1997 -98
(Administration /Finance Dept.) 3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $55,886.00 TO ATLANTIC
TRUCK CENTER FOR THE PURCHASE OF TWO PICKUP TRUCKS FOR
THE PUBLIC WORKS DEPARTMENT AND CHARGING $29,507.00 OF
SAID DISBURSEMENT TO ACCOUNT NO 1750- 519 -6430,
"LANDSCAPE MAINTENANCE DIVISION - EQUIPMENT OPERATING"
AND $26,379.00 OF SAID DISBURSEMENT TO ACCOUNT NO.
1720 - 534 -6430, "SOLID WASTE DIVISION - EQUIPMENT
OPERATING"
(Administration /Public Works) 3/5
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VARIOUS
VENDORS THAT HAVE BEEN DETERMINED TO CONSISTENTLY OFFER
THE BEST PRICES ON GOODS AND /OR SERVICES USED BY PUBLIC
WORKS AND APPROVING DISBURSEMENT FUNDS TO PAY FOR THESE
GOODS AND /OR SERVICES FROM DIVISIONAL ACCOUNTS AS
APPROPRIATED IN THE 1998/99 FISCAL YEAR BUDGET.
(Administration /Public Works) 3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $17,350.00 TO PIFER
INTERNATIONAL INC. FOR THE PURCHASE OF 3 -WHEEL CUSHMAN
SCOOTER FOR THE PARKING ENFORCEMENT UNIT AND CHARGING
REGULAR CITY COPMMISSION 2
AGENDA - October 6, 1998
$17,350.00 OF SAID DISBURSEMENT TO ACCOUNT NO. 1760 -
519.6430, "MOTOR POOL DIVISION - EQUIPMENT OPERATING-
(Administration/Public Works) 3/5
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH PRECISION
ENVIRONMENTAL LABORATORIES, INC., TO PERFORM ANALYTICAL
TESTING SERVICES, AT A COST NOT TO EXCEED $1,500.00,
AND CHARGING THE DISBURSEMENT TO "STORMWATER TRUST FUND
- CONTRACTUAL SERVICES" ACCOUNT NO. 11- 1730 - 541 -3450,
FISCAL YEAR 1998/99.
(Administration /Public Works) 3/5
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMMISSION ON THE STATUS OF WOMEN; PROVIDING FOR
DISBURSEMENT OF $250.00 FOR FAIRNESS FOR ALL FLORIDIANS
- AMENDMENT NO. 9; $300.00 FOR TEEN PREGNANCY
PREVENTION CENTER, INC.; AND 3) $100.00 FOR THE SOUTH
MIAMI COMMUNITY DEVELOPMENT CORP FROM FISCAL YEAR
1997/98 ACCOUNT NO. 01- 1100 - 511 -9910 ENTITLED SPECIAL
EVENTS.
(Commissioner Russell) 3/5
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMMISSION ON THE STATUS OF WOMEN; APPOINTING JENA K.
JENKINS TO FILL AN UNEXPIRED TERM ENDING JUNE 2, 2000
OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HISTORIC
PRESERVATION BOARD; RE- APPOINTING JOAN YARBOROUGH TO
SERVE FOR A TWO YEAR TERM ENDING OCTOBER 6, 2000 OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GRANTS
ADVISORY BOARD; APPOINTING OMAR RODRIGUEZ TO SERVE FOR
A TWO YEAR TERM ENDING OCTOBER 6, 2000 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CHARTER
REGULAR CITY COMMISSION 3
AGENDA - October 6. 1998
REVIEW COMMISSION; APPOINTING EDWARD W. ENGLISH TO
SERVE FOR A TWO YEAR TERM ENDING OCTOBER 6, 2000 OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $1,200.00 TO ALERT
ALARMS, INC. FOR BURGLARY ALARM MONITORING SERVICES
DURING THE FISCAL YEAR FOR THE PUBLIC WORKS DEPARTMENT
AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1710 -519-
3450, "BUILDING MAINTENANCE DIVISION - CONTRACTUAL
SECURITY."
(Administration /Public Works) 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CREATING A COMMUNITY
REDEVELOPMENT AGENCY ADVISORY BOARD; ESTABLISHING
SECTION 2 -26.2 OF THE CODE OF ORDINANCES; ESTABLISHING
MEMBERSHIP; ESTABLISHING DUTIES AND RESPONSIBILITIES;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND
PROVIDING FOR AN EFFECTIVE DATE. (1't Reading -
September 15, 1998)
(Administration) 3/5
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACILITIES; AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
DELETING SECTION 20- 5.23(B) , ENTITLED "MICROWAVE
ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING
REGULATIONS FOR TELECOMMUNICATION TOWERS AND
ANTENNAS ", PROVIDING FOR INTENT, DEFINITIONS,
APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM
STANDARDS, PERMITTED USE, PROCEDURES FOR SPECIAL USE,
EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND REMOVAL
OF ABANDONED TELECOMMUNICATION FACILITIES; PROVIDING
FOR ORDINANCES IN CONFLICT, SEVERABILITY, INCLUSION IN
THE LAND DEVELOPMENT CODE AND EFFECTIVE DATE.
(Administration /P &Z) 3/5
RESOLUTION (S) PUBLIC HEARING (S)
There are none
REGULAR CITY COMMISSION 4
AGENDA - October 6, 1998
RESOLUTION (S)
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION TO ACCEPT A
$115,000.00 GRANT FOR STORMWATER DRAINAGE
IMPROVEMENTS.
(Administration /Public Works) 3/5
22. 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
ORDINANCE (S) FIRST READING
23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE;
PROVIDING A 45 -DAY EXTENSION OF THE MORATORIUM ON THE
ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF
DEVELOPMENT PERMITS, FOR THE INSTALLATION OF
TELECOMMUNICATION TOWERS AND ANTENNAS, SET FORTH BY
ORDINANCE NO. 2 -98 -1650 AND ORDINANCE NO. 10 -98 -1658,
IN ORDER TO ENABLE TELECOMMUNICATION PROVIDERS TO
SUBMIT PROPAGATION MAPS AND OTHER SUPPORT MATERIALS,
WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR AND
CITY COMMISSION ON JUNE 23, 1998, ALLOWING THE CITY TO
ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL
OF TELECOMMUNICATION FACILITIES; PROVIDING THAT
ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND
EFFECT DURING THE TIME PERIOD OF THE MORATORIUM;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND
AN EFFECTIVE DATE.
(Administration /P &Z) 4/5
24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CREATING SECTION 15 -98,
ENTITLED "CRUISING"; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE
DATE.
(Administration /Police Dept.) 3/5
REGULAR CITY COMMISSION 5
AGENDA - October 6, 1998
25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DELETION
OF THE WORD "VEHICLE" AND THE WORD "PLAINLY" IN
SECTION 15 -82 OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTH MIAMI; CREATING SECTION 15 -82A ENTITLED
"EXCESSIVE NOISE OR MUSIC FROM MOTOR VEHICLES ";
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND
PROVIDING AN EFFECTIVE DATE.
(Administration /Police Dept.) 3/5
26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DELETION
OF SECTIONS 15 -7, CHILD MOLESTATION IN THEATERS -
DEFINITION; PATROL, SECTION 15 -8, CHILD MOLESTATION IN
THEATERS - QUALIFICATIONS OF SPECIAL POLICE;
APPOINTMENT; SECTION 15 -9, CHILD MOLESTATION IN
THEATERS - ARREST AND DETENTION OF SUSPECT, SECTION
15 -10, CHILD MOLESTATION IN THEATERS, SECTIONS OF
THEATER SET ASIDE FOR ADULTS; AUTHORITY TO REFUSE
ADMITTANCE TO ADULT WITHOUT CHILD, SECTION 15 -11,
CHILD MOLESTATION IN THEATERS - AGE REQUIREMENT FOR
ADULT SECTION; PROVISIONS FOR PARENT WITH CHILD,
SECTION 15 -12, CHILD MOLESTATION IN THEATERS - REFUSAL
TO OBEY REGULATIONS; REJECTMENT AND DISPOSITION OF
PATRONS, AND SECTION 15 -13 CHILD MOLESTATION IN
THEATERS - DUTY OF THEATER OPERATOR, OF THE CODE OF
ORDINANCES OF THE CITY SPECIAL POLICE OFFICER;
DELETING THE DUTIES OF A SPECIAL POLICE OFFICER; AND
DELETING THE REQUIREMENT OF HAVING SPECIAL POLICE
OFFICERS IN EVERY AISLE OF EVERY MOVIE THEATER
MATINEE, PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.
(Administration /Police Dept.) 3/5
27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, DELETING SECTION 4 -3,
SEIZURE AND FORFEITURE OF ILLICIT LIQUORS, STILLING
APPARATUS, ETC. OF THE CODE OF ORDINANCES OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE SEIZURE AND
FORFEITURE OF ILLICIT LIQUORS, STILLING APPARATUS,
ETC; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.
(Administration /Police Dept.) 3/5
REGULAR CITY COMMISSION 6
AGENDA - October 6, 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
AGENDA - October 6, 1998
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor & City Commission DATE:
FROM: Charles Scurr f,,,PUBJECT:
City Manage
September 30, 1998 Of
Agenda #
Commission Meeting October 6, 1998
Purchase of Color Laser Printer
Approval is sought through the attached resolution to release funds to purchase a Minolta Page
Works color laser printer. The disbursement of $2,600 will be drawn from encumbered funds in
account number 001 - 2100 - 519.6430 Operating Equipment, Budget FY 1997 -98. The current
balance on this account is $5,634.72.
This printer will satisfy the needs of the Finance Department, as contained in the current
Budget. In addition, it will allow to be installed as a shared network printer, which will enable it to
serve all users connected to the computer network.
CITY OF SOUTH MIAMI
To: Diana Morris Date: September 30, 1998
Assistant City Manager
From: Slaven Kobola, AICP Re: Purchase of New Printer
ISIGIS Coordinator
The purchase of a laser printer for the Finance Department has been scheduled by the Budget 1997 -98
Recommended is a purchase of a Minolta Pageworks color laser printer, which would not only satisfy
needs of the Finance Department, but would allow to be installed as a shared network printer. In addition,
a color laser printer will respond to the already apparent as well as the future needs for color laser printing
by users connected to the computer network.
The purchase of such an upgraded printer is allowed by savings that I have realized during the FY 1997-
98, account number 001 - 2100 - 519.6430 Operating Equipment.
I
RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
3 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE
4 THE SUM OF $ 2,600 FOR PURCHASE OF A COLOR LASER PRINTER, AND
5 CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 2100 - 519.6430
6 OPERATING EQUIPMENT, FY 1997 -98.
7 WHEREAS, there is an apparent need for color laser printer output; and
8 WHEREAS, a Minolta Page Works color laser printer has been evaluated by computer magazines
9 as one of the best buys; and
10 WHEREAS, Minolta Business Systems provided a lowest quote for the printer;
11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
12 THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
13 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $ 2,600 for the
14 Minolta Page Works N color laser printer with 20 MB memory and network card.
15 Section 2. The disbursement shall be charged to Account Number 001- 2100 - 519.6430 Operating
16 Equipment, FY 1997 -98.
17 Section 3. This resolution shall take effect immediately upon approval.
18
19
20
21
22
23
24
25
26
27
PASSED AND ADOPTED this day of
APPROVED:
ATTEST: MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
ILS %3
Minolta Color PageWorks
B tl8 k Sl00006:
@ WR
Minolta Color PageWorks
James Karney
October 21, 1997
Page 1 of 2
SPECIFICATIONS: Legal- capable laser printer; 12 ppm monochrome, 3 ppm color.
Resolution: 600 dpi. Input capacity: 250 sheets standard, 500 sheets maximum. Tested
configuration: $3,080 street.
Minolta Corp.'s Color PageWorks is aimed squarely at the business graphics market, and
it hits the target with solid performance, decent output, easy operation, and the lowest
price of any printer in this roundup.
The basic PageWorks comes with only 4MB of RAM, though the controller's memory
compression technology enables it to handle color business output such as charts and
graphs. For more graphics- intensive use, as with photos, you'll want to boost the RAM
(we tested with 16MB). Also note that the standard bundle lacks built -in networking or
PostScript support, but both of them are available to you as options ($449 list for an
Ethernet card, $529 for the PostScript module).
Setting up the unit is as simple as slipping the four toner cartridges into a carousel and
loading the Windows driv -ers. The drivers' wizard function is excellent, eliminating the
need for custom settings for most users. One unique feature is Minolta's new ink transfer
design, utilizing a solid mass of silicon oil that is melted as needed. All four of the ink
colors are laid down on a transfer roll before the paper starts to move, providing a
straight path that lets the printer handle any type of paper, label, or card stock up to 90-
pound weight.
Registration and alignment were excellent on our output samples, though there was some
banding in our gradient fills. Color on business charts was well saturated, with good
contrast and crisp, clean text. Our Freelance Graphics presentation page (which features
graphics and a photo on a tough -to- reproduce solid background) was crisp, with clean
text, solid fills, and excellent contrast. Photographs were a bit more challenging for the
PageWorks; it tended to oversaturate colors, and shadow areas tended to lack fine detail
and subtle highlights. The printer was an average performer on our color speed tests.
To sum up, the Minolta Color PageWorks is one of the better values in this roundup.
When bundled with some of the optional add -ons, it should suit the needs of most
business users admirably.
Minolta Corp., Mahwah, NJ; 888 - 264 -6658, 201 - 512 -5800; www.minoltaprinters.com.
http://www.zdnet.com/netbuyer/reviews/pcmg/1618/pcmgOO87.htm 09/17/1998
Minolta Color PageWorks
The least - expensive printer we tested, Minolta's Color PageWorks is worth a look.
Page 2 of 2
Copyright (c) 1997 Ziff -Davis Inc. All rights reserved. Reproduction in whole or in part in any form or
medium without express permission of Ziff -Davis Inc. is prohibited. PC Magazine and the PC Magazine
logo are trademarks of Ziff -Davis Inc.
http: / /www.zdnet.com/netbuyer /reviews /pcmg/1618 /pcmg0087.htm 09/17/1998
MINOLTA
Simple, Easy to Use
Convenience Color
Copying, printing
and Scanning, at an
Affordable price
Copier Specs
Performance
First copy
• 63 Seconds color
• 48 seconds black and white
Max. Copy Speed
• 3 copies per minute color
• 12 copies per minute black and
white
1 to 1 Copy speed
• 2 copies per minute with ADF
Scanning Speed
• 27 seconds color
• 11 Seconds black and white
Resolution
• 2400 dpi quality with Minolta's
Color Copying A51C technology
Copier Features
lviagr ii, I(iC7tlfJi I — i\ ,5 - X 2.0
• Multiple copy -1- 99
• Brightness control
• Paper bin Selection
Printer Specs
Performance
• 12 ppm monochrome
• 3 ppm color
• 30,000 pages /month maximum
duty cycle
Less than 90 seconds warm -up
�' clue
Marius Amzand
Resolution
• 600 x 600 dots per inch (dpi)
Media
• Uses plain, copier, bond, and
recycled paper
• Also handles transparencies,
labels, envelopes, letterhead,
Postcards and thick paper
(up to 90117. index)
Capacity
• 400 -sheet input (250
letter /A4 /legal plus 150
multipurpose)
• 250 -sheet output
Fonts
• 35 Intellifont ®,10 TrueType
Memory
• 4 M5 standard, 68 MB maximum
Emulation
• PCL® 5c
• Optional Adobe® PostScript®
Toner Cartridge Life:
• Black: 4,500 pages 0 5%
• Color: 3,500 pages @ 5%
Scanner Specs
• 27 seconds for 81/211 x 11" full
color
• 600 x 300 dpi optical resolution
• Fluorescent scanner lamp
Warranty
• One year limited parts and labor,
on -site service for the printer
• One, year Minolta Exchange for
the Scanner
MIIII
T116 sample was printed on the Minolta Color Fa0eWOrk9 La5er Prlmt5rafTd CF-30 CoplerStatior using COMVII)PAW. For more information, visitourWebsiteatwww .minoitaprinter,,wm
Ad,* l- 888
_,jpta majtamd copmght
ra4am 19,97 MInDlta Co. Ltd. .Osaka,Japan.PageWorks,P.ealTOro and' nvm' s NO Image wecarft Improve' am trademarks andMfls a mglstered trademark ofMkmltaCO .,Lid.
PCF11 7. Fbst'xrlptam mgbtered trademarks of Adobe Systemslncorporated. All othertrademarks aro the pmpertyof their mepeotlV0 campank;e. Irrformatkm con W Irod iyreln b subJectto charge wltlwutrotice.
PCFii97.1 -0
There's
NO image
we can't
improve-
Minolta Business Systems, Inc.
September 30'h,1998
City of South Miami
6130 Sunset Drive
South Miand, Fl .13143
Dear Kathy:
Here is the revised pricing on the Colorpageworks N Printer with 20 MEN memory
and the network card. Start up supplies and installation is included.
The purchase price is $2,600.00.
If you decide to purchase this, please fax over the your purchase order to 30'4-826 -
9294 attention Marius Armand.
Sincerely,
�O rius Amaand
Graphic Systems Specialist
1/� '20va t €: €0 (ClIh7 96. 0€ '44as
09/29/98 12:31:10 CDW-Why Pay RCtdil?-> 3056677906 Page 002
TY
COMPUTER
DISCOUNT
WAREHOUSE
SALES QUOTATION
9-29 _08 ORDER NO.
12:23PM 9322907
Page 2
BILL TO: 1798397
SHIP TO:
CITY OF SOUTH MIAMI
CITY OF SOUTH MIAMI
6130 SUNSET DR
6130 SUNSET DR
ACCTS
PAYABLE
ACCTS PAYABLE
SOUTH
MIAMI FL 33143-5093 SOUTH MIAMI
FL 33-1-43-5093
PHONE# 3056636326
OUST PC# MONTH
QUOTE
-----------------------------------------------------------------
QUOTE
DATE SHIPPED VIA
TERMS SLS RESALE
----------------
NO.
9-29-98
CG
NET 30 Days -Govt/ 1813
------------------------------------------
EDC
QTY ITEM NUMBER/
----------------------------
UNIT UNIT
EXTENDED
CD
ORD DESCRIPTION
PRICE
PRICE
---------------------------------------------------------------------------------
089833
1 089833
EA 2,554.00
2,554.00
MINOLTA CLR
PACDTORKS 12PP14 4MB
088917
1 088917
EA 369.00
369.00
KINGSTON 25614B HP NETSERVER LD PRO
107798
2 107798
EA 57.00
114.00
SIMPLE 32MB
IBM 17 MINOLTA PW 20
INSTAL
I INSTALL
EA .00
.00
INSTALL
SUB-TOTAL
SHIPPING
SALES TAX
TOTAL DUE
3,037.00
51.41
.00
3,C88.41
-200 N. Milwaukee Avenue, Vernon Hills, IL 60061, (847) 465-6000 FAX (647) 465-6800
315 W. Grand Avenue, Chicago, IL 60610, (312) 527-2700 FAX (312) 527-2798
7
From: Pepe Le To: Cathy Vazquez Dale: 9129(98 Time: 2:58:42 PM
t
Page 2 o1 2
BANK REP:
VERIFIED BY:
COMMENTS:
�')ME Page Computer
4665 Melrose Ave.
Los Angeles, CA 90029
(213) 665 -7777 fax (213) 860 -0444
Quote
Name Cathy Vazquez
Company City of South Miami
..................
Address
Date 9x'29/98
PO #
City State . zip...,
Notes
Rep Pepe. ..._ ... . .
Shipping UPS GROUND
Phone Fax (305)667 -7806 .
qty Description
Unit Price TOTAL
.
1 iMinolta Color Pageworks With Ethernet (N0990 -303)
$2,549.00 $2,549.00
2 i32MB Memory Upgrade F /Color Pageworks
$69.00 $138.00
I
I
..._.....
_ .....
SubTotal $2,687.00
Payment Details
Shipping & Handling $100 00 v"
O COD CASHIERS p Prepay
Taxes CA
O COD CO. CHK O RMA
...... .... ... .......
O Credit Card Net 30
TOTAL $2,798.00
TYPE:
CC #
OLD
Expires
WEB:
SHOPPER:
VERIFY
PROCESCR:
REFERRAL:
BANK /PHONE #:
BANK REP:
VERIFIED BY:
COMMENTS:
FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-FAX-F"-FAX-FAX-FAX-FAX-F"-FAX
FROM
CITY OF SOUTH MIAMI
CENTRAL SERVICES DIVISION
6130 SUNSET DRIVE
SOUTH MIAMI, FL. 33143
PHONE: (305) 663-6339 FAX: (305) 667-7806
..... .... . * . ............................ .... .. . . . .- ............. ..
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****IF YOU HAVE ANY QUESTIONS PLEASE CALL ME,****
THANK YOU
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor & City Commission DATE:
FROM: Charles Scurr UBJECT
City Managey' _ f-o�
September 30, 1998 Is
Agenda #
Commission Meeting October 6, 1998
Purchase of Computer Equipment for
Finance and Code Enforcement
Approval is sought through the attached resolution to release funds to purchase 2 new
computers and one additional license of the Microsoft Access database software for the Finance
Department. The disbursement of $2,927.14 will be drawn from encumbered funds in account
number 001 - 2100 - 519.6430 Operating Equipment, Budget FY 1997 -98. The current balance on
this account is $3,034.72.
The existing computers currently used by the Finance Department cannot accommodate new
software and data required for processing of newly assigned tasks. Purchasing is seen as being
more effective than upgrading the existing computers.
0
LYJ
CITY OF SOUTH MIAMI
To: Diana Morris Date: September 30, 1998
Assistant City Manager
From: Slaven Kobola, AICP Re: Purchase of New Computers
IS/GIS Coordinator
The following new users' job assignments require that the existing 486 -based computers be replaced, as
follows:
• Wiener Chalveire, Collection Inspector
The existing 486 -based computer does not have enough processing power and hard drive space to
allow installation of Microsoft Access database software and related files nor to allow installation of
communication software needed for billing processing with the new telephone system.
New computer should include a Pentium processor to allow database processing and a modem to
allow connecting to remote
Proposed is Dell Optiplex Gl with modem ...................... ............................... ......................$1,538.00
Additional Microsoft Access License ....................................................... ............................... $148.14
• Allicia Johnston, Finance Administrative Secretary
The existing 486 -based computer does not have enough processing power and hard drive space to
allow installation of Microsoft Access database software and related files.
New computer should include a Pentium processor to allow database processing.
Proposed is Dell Optiplex GI .......................................... ............................... ......................$1,241.00
TOTAL....................................................................................................... ..............................$ 2,927.14
As the new applications appeared during the year, the purchases of these computers have not been
budgeted. However, these computers could be purchased with savings that I have realized during the FY
1997 -98, account number 001- 2100 - 519.6430 Operating Equipment.
I RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
3 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE
4 THE SUM OF $2,927.14 FOR PURCHASE OF 2 COMPUTERS AND ONE
5 MICROSOFT ACCESS DATABASE SOFTWARE LICENSE FOR THE FINANCE
6 DEPARTMENT, AND CHARGING THE DISBURSEMENT TO ACCOUNT
7 NUMBER 001 - 2100 - 519.6430 OPERATING EQUIPMENT, FY 1997 -98.
8 WHEREAS, the computers in the Finance Department and Code Enforcement division have to be
9 replaced due to their incapability to support the software required by newly added job assignments; and
10 WHEREAS, Dell is a provider under the Florida State Contract 250- 040 -99 -1 and Wareforce is a
11 provider under the Florida State Contract 252- 001 -97 -1;
12 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
13 THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
14 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $ 2,927.14 for
15 the following computer equipment and software:
16 Dell Optiplex G1 ....................................................... ............................... ......................$1,244.00
17 Dell Optiplex GI with modem ................................... ............................... ......................$1,538.00
18 Microsoft Access License .................................................................. ............................... $148.14
19 Section 2. The disbursement shall be charged to Account Number 001 - 2100 - 519.6430 Operating
20 Equipment, FY 1997 -98.
21 Section 3. This resolution shall take effect immediately upon approval.
22 PASSED AND ADOPTED this day of
23
24
25 ATTEST:
26
27 CITY CLERK
28 READ AND APPROVED AS TO FORM
29
30 CITY ATTORNEY
APPROVED:
MAYOR
1998
09/38/98 14:43:88
- >385 663 8457 DELL COMPUTER CORP Page 001
0"L QUOTATION
MR Slavin September 30 1998
CITY OF SOUTH MIAMI
6130 SUNSET DR
DIV OF PURCH FINANCE DEPT
SOUTH MIAMI, FL 33143
SKU #
QTY
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
220 -0528
1
Dell P6350 G1 /L+ Base with
1,241.00
1,241.00
integrated 2MB Video Memory,
integrated 512K Cache, and
integrated WuOL 10/100 Nic
310 -1234
1
WIN95 Spacesaver Quiet Key,
104 Key Keyboard, Factory
Installed
310 -1250
1
Logitec System Mouse,
2 Button , Factory Install
310 -3621
1
Reduced Documentation for
G1 Systems, Factory Install
310 -3641
1
Open Manage Client, West,
No Diskette, Factory Install
311 -0555
1
64MB, Non -ECC, SDRAM, 1DIMM,
G1, Factory Install
320 -3316
1
Monitor Option -None
340 -0718
1
3.5" 1.44 MB Floppy Drive
Factory Install
340 -0830
1
4.3GB, EIDE, G1 (HL), Factory
Install
420 -0172
1
FAT16 File System
Windows 9X /NT
Factory Install
420 -2087
1
Windows 98' English W /CD and
Documentation for Optiplex
Systems, Factory Install
- --
-
For your convenience, we have listed your sales representative, Sales Representative:
your quote number and your customer number which will provide CYNTHIA DflNNELLAN
you with faster service when you are ready to place your order.
Quote #: 21245139
Prices and tax rates are subject to change. Customer #' 3167471
Business and Personal Leasing provided by Dell Financial SeMoes, an independent entity.
Leasing Documentation Fee $55 - — - - -
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 981 -3355 EXT 67643 (800) 433 -9527 SALES REP FAX nv -c
09/30/90 14:43:42 - >305 663 0457 DELL COMPUTER CORP Page OOZ
0"L QUOTATION
MR Slavin September 30 1998
CITY OF SOUTH MIAMI
6130 SUNSET DR
DIV OF PURCH FINANCE DEPT
SOUTH MIAMI, FL 33143
SKU #
QTY
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
430 -0121
1
Passive Expansion Riser for
G1 L Systems, 1 PCI /1Shared/ 1
ISA, Wake up on Lan,
Factory Install
900 -1900
1
SelectCare, Initial Year, Next
.00
.00
Business Day On -Site
Service Contract, BSC*
900 -5112
1
Next Business Day, Parts
.00
.00
Delivery Service,
Years 2 & 3 Included
900 -9006
1
Non- Standard Service Option
.00
.00
Selected
* * * * * * **
0
C #250 - 040 -99 -1
This quote is subject to the terms of
the agreement signed by you and Dell, or
absent such agreement, is subject to the
applicable Dell standard terms of sale.
SUB TOTAL
1,241.00
TAX
.00
SHIPPING &
HANDLING
.00
OTHER
.00
Thank you for calling Dell
TOTAL
$1,241.00
* * * * **
36 MONTH LEASE * * * * **
AMOUNT
FINANCED
1,241.00
For your convenience, we have listed your sales representative, Sales Representative
your quote number and your customer number which will provide CYNTHIA DONNELLAN
you with faster service when you are ready to place your order.
Quote #: 21245139
Prices and tax rates are subject to change. Customer # ' 3167 471
Business and Personal Leasing provided by Dell Financial Services, an independent entity.
Leasing Documentation Fee $55
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 981 -3355 EXT 67643 (800) 433 -9527 SALES REP FAX aEV.c
09/30/90 14 :44:14 -7305 663 0457 DELL COMPUTER CORP Page 003
D"L
QUOTATION
MR Slavin
September 30 1998
CITY OF SOUTH MIAMI
6130 SUNSET DR
DIV OF PURCH FINANCE
DEPT
SOUTH MIAMI, FL 33143
SKU # QTY DESCRIPTION UNIT EXTENDED
PRICE PRICE
MONTHLY PAYMENT 46.17
For your convenience, we have listed your sales representative, Sales Representative:
your quote number and your customer number which will provide CYNTHIA DONNELLAN
you with faster service when you are ready to place your order.
Quote #: 21245139
Prices and tax rates are subject to change. Customer # ' ' 3167471
Business and Personal Leasing provided by Dell Financial Services, an independent entity.
Leasing Documentation Fee $55
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 981 -3355 EXT 67643 (800) 433 -9527 SALES REP FAX RU -C
18/01/98 13:10:34
DELLTRX 5- 10 - >385 663 0457 DELL COMPUTER CORP Page B01
D"L QUOTATION
MR Slavin
CITY OF SOUTH MIAMI
6130 SUNSET DR
DIV OF PURCH FINANCE DEPT
SOUTH MIAMI, FL 33143
October 1 1998
SKU #
QTY
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
220 -0528
1
Dell P6350 G1 /L+ Base with
1,538.00
1,538.00
integrated 2MB Video Memory,
integrated 512K Cache, and
integrated WuOL 10 /100 Nic
310 -1234
1
WIN95 Spacesaver Quiet Key,
104 Key Keyboard, Factory
Installed
310 -1250
1
Logitec System Mouse,
2 Button , Factory Install
310 -3621
1
Reduced Documentation for
G1 Systems, Factory Install
310 -3641
1
Open Manage Client, West,
No Diskette, Factory Install
311 -0555
1
64MB, Non -ECC, SDRAM, 1DIMM,
G1, Factory Install
313 -0520
1
USR Telephony 33.6/56K
Internal Modem
Factory Install
320 -0051
1
Dell 800F Series, 1511, Model
No 828FI with 13.8" Viewable
Image Size, Color Monitor
340 -0718
1
3.5" 1.44 MB Floppy Drive
Factory Install
340 -0830
1
4.3GB, EIRE, G1 (HL), Factory
Install
For your convenience, we have listed your sales representative,
your quote number and your customer number which will provide
you with faster service when you are ready to place your order.
Prices and tax rates are subject to change.
Business and Personal Leasing provided by Dell Financial Services, an independent entity.
Leasing Documentation Fee $55
Sales Representative:
CYNTHIA DONNELLAN
Quote #: 21271302
Customer #: 3167471
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 981 -3355 EXT 67643 (800) 433 -9527 SALES REP FAX
R" -c
18/61/98 13 :11:12 DELLFAX 5- 18 - >365 663 8457 DELL COMPUTER CORP Page BBZ
�Do,64rLL QUOTATION
MR Slavin October 1 1998
CITY OF SOUTH MIAMI
6130 SUNSET DR
DIV OF PURCH FINANCE DEPT
SOUTH MIAMI, FL 33143
SKU #
QTY
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
420 -0172
1
FAT16 File System
Windows 9X /NT
Factory Install
420 -2087
1
Windows 98' English W /CD and
Documentation for Optiplex
Systems, Factory Install
430 -0121
1
Passive Expansion Riser for
G1 L Systems, 1 PCI /1Shared/ 1
ISA, Wake up on Lan,
Factory Install
900 -1900
1
SelectCare, Initial Year, Next
.00
.00
Business Day On -Site
Service Contract, BSC*
900 -5112
1
Next Business Day, Parts
.00
.00
Delivery Service,
Years 2 & 3 Included
900 -9006
1
Non- Standard Service Option
.00
.00
Selected
* * * * * * **
0
C #250- 040 -99 -1
This quote is subject to the terms of
the agreement signed by you and Dell, or
absent such agreement, is subject to the
applicable Dell standard terms of sale.
For your convenience, we have listed your sales representative,
your quote number and your customer number which will provide
you with faster service when you are ready to place your order.
Prices and tax rates are subject to change.
Business and Personal Leasing provided by Dell Financial Services, an independent entity.
Leasing Documentation Fee $55
Sales Representative:
CYNTHIA DONNELLAN
Quote #: 21271302
Customer #: 3167471
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 981 -3355 EXT 67643 (800) 433 -9527 SALES REP FAX RU -C
10/01/98 13:11:44 DELLFAX 5- 18 - >385 663 8457 DELL COMPOTER CORP Page 883
C"L QUOTATION
MR Slavin October 1 1998
CITY OF SOUTH MIAMI
6130 SUNSET DR
DIV OF PURCH FINANCE DEPT
SOUTH MIAMI, FL 33143
SKU # QTYI DESCRIPTION I UNIT I EXTENDED
PRICE PRICE
SUB TOTAL 1,538.00
TAX .00
SHIPPING & HANDLING .00
OTHER .00
Thank you for calling Dell TOTAL $1,538.00
For your convenience, we have listed your sales representative, Sales Representative:
your quote number and your customer number which will provide CYNTHIA DONNELLAN
you with faster service when you are ready to place your order.
Quote #: 21271302
Prices and tax rates are subject to change. Customer # • 3167471
Business and Personal Leasing provided by Dell Financial Services, an independent entity.
Leasing Documentation Fee $55
DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682
(800) 981 -3355 EXT 67643 (800) 433 -9527 SALES REP FAX RFV.c
http://www.wareforce.com/wareforce/clients/sLgsel.htm
State of Florida: Government
Microsoft Price List
FROM
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
Mayor and Commission
Charles D. Scurf
City Manager G� I�
DATE: October 6, 1998
RE: Agenda Item # I?
Approval of expenditure for the
purchase of two pickup trucks for
Public Works' Landscape
Maintenance and Solid Waste
Divisions
The attached resolution seeks approval of a $55,886.00 expenditure to purchase two
pickup trucks to be assigned to the Landscape and Solid Waste Divisions. The Public
Works budget includes funding for these vehicles to replace two 1987 trucks. These
vehicles are used daily in our field operations. At nearly 12 years of age, they are beyond
their useful life.
Funding for this disbursement will come from the following accounts: Account No. 1750-
519 -6430, "Landscape Maintenance Division — Equipment Operating ", which will have a
resulting account balance of $4,940. 00; and no. 1720 -534 -6430, "Solid Waste Division —
Equipment Operating ", which will have a balance of zero.
Low equipment maintenance costs and strong reliability are required to achieve the high
level of service delivery the City aims to provide. An appropriate equipment replacement
program is imperative to achieve our service goals. Therefore, approval of this budgeted
expenditure is recommended.
Attachments
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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48
49
50
51
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $55,886.00 TO ATLANTIC
TRUCK CENTER FOR THE PURCHASE OF TWO
PICKUP TRUCKS FOR THE PUBLIC WORKS
DEPARTMENT AND CHARGING $29,507.00 OF SAID.
DISBURSEMENT TO ACCOUNT NO. 1750 -519 -6430,
"LANDSCAPE MAINTENANCE DIVISION -
EQUIPMENT OPERATING" AND $26,379.00 OF SAID
DISBURSEMENT TO ACCOUNT NO. 1720 -534 -6430,
"SOLID WASTE DIVISION — EQUIPMENT
OPERATING ".
WHEREAS, the City of South Miami Public Works Department has an ongoing
need to replace its vehicles based of their respective life - cycles, and;
WHEREAS, after nearly 12 years of use, two of the pickup trucks used in
everyday field operations are at the end of their useful life, and;
WHEREAS, funding for the purchase of these trucks is included in the
Department's budget for the 1998 -99 fiscal year.
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 quotes
from Atlantic Truck Center based on the State Contract No. 070 - 700 -901.
Full -size Ford pickup with lift -gate (Solid Waste Div.) $26,379.00
Full -size Ford pickup with crew -cab (Landscape Div.) $29,507.00
TOTAL: $55,886.00
Section 2. The City Manager be, and is hereby authorized to disburse the sum of
$55,886.00 to Atlantic Truck Center.
Section 3. That this resolution shall be effective immediately after adoption
thereof.
PASSED AND ADOPTED this 6th day of October, 1998.
APPROVED:
MAYOR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
;x : 43 AM GEORGE -EL I SON FAX NO. 1 407 8623849 P. 6
instrument panel w /dual cupholders /glove box /ashtray /cigar lighter
-pwr point
;mod molded door trim panel -inc: hard armrest, grab handle, reflector
>y /night mirror
,eyed molded cloth headliner
passenger assist handle
sun visors w /LH strap
color -keyed coat hooks
4t door operated dome lamp w /time delay off
,y fabric back panel cover
c SAFETY > >>
ar wheel anti -lock braking system
iver air bag
for -keyed safety belts w /front seat adjustable D -rings
az -note horn
k * * * * * * * * * * * * * * * * * * * * * * ** FAC'T'ORY OPTIONS
rION
DES DESCRIPTION
J Crew Cab 172" XL
7.3L (444) DI VB TURBO- DIESEL ENGINE -inc:
HD alt, dual HD batteries,engine block heater
HD 4 -SPEED ELECTRONIC AUTOMATXC TRANSMISSION �?JeG prc
W /OD
ENGINE BLOCK HEATER *Recommended when Minimum
temp is -10F or below*
kLER 1000# TOMMY LIFT GATE a A(" • vil
kLER STEEL CROSS OVER TOOL BOX a Kc 4 • e .e
Destination Charge
:al
f
ZfI32
'14/98 February 1998
-EFUL ATTENTION IS GIVEN TO ENSURE DATA ACCURACY. CHROME ASSUMES NO RESPONS-
:LITY FOR ERRORS /OMISSIONS. ALL INFORMA'T'ION SUBJECT TO CHANGE wITHOUT NOTICE.
right 1986 -97 chrome Data Corporation. All rights reserved. Page 2
41 AM GEORGE- TLLI50N FAX NO. 1 407 8623848 E. 3
/r point
molded door trim .panel -i.nc: hard armrest, grab handle, reflector
eight mirror
d molded cloth headliner
senger assist handle
visors w /LH atrap
:lor -keyed coat hooks
door operated dome lamp w /time delay off
abric back panel cover
:SAFTTX �»
,r wheel anti -lock braking system
fiver air bag
lox -keyed safety belts w /adjustable D -rings
al -note horn
FACTORY OPTIONS
TION
DES DESCRIPTION
0 Reg Cab 13'19 XL
V 7.3L (444) DX V8 TURDO- DIESEL ENGINE -1nc:
HD alt, dual HD batteries,engine block heater
E HD 4- SPEED ELECTRONIC AUTOMATIC TRANSMISSION aAe. /tip
W /dD
H ENGINE 13LOCK HEATER *Recommended when minimum
temp is -10F or below* f'^/
ALER 1000# TOMMY LIFT GATE VK'
ALER STEEL CROSS OVER TOOL 13OX 0 X
Destination Charge
tal n 26004.00
C%
T 2a
/14/98 February 1998
IEFUL ATTENTION IS GIVEN TO ENSURE DATA ACCURACY. CHROME ASSUMES NO RESPONS-
ILITY FOR ERRORS /OMISSIONS. ALL INFORMATION SUBJECT TO CHANGE WITHOUT NOTICE.
Igight 1986.97 Chrome vata Corporation. All rights reserved. Page 2
SP - T TAI U I 27 AM GHRGR--) KL I SON
0 636 22450
ILI ZA_
im
F1, LAUDERDALE. fl X3335
SALES
(305) 5E7.8220
F A, X N0, 1 4F-17 862H49 p, i
ises stale 'Road U4
VT. LAUDERj),Kj_E, f 33312
"01 ONE; FAXi
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9 -
4h-
ATTENTION
VAX NUMBE
DATEjq- -PAGE
:3
- �9s NUMBER OF
IFROK GEORGE OR DREW ELLISON
FAX NUMBER- 1-407-862-3849
PHONE NUMBER-14D7-862-74D8
JAESSAGE,
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
T 0: Mayor and Commission DATE: October 6, 1998
FROM: Charles D. Scurr RE: Agenda Item # 0
City Manager f,a l� Commission Meeting,
October 6, 1998
Open Purchase Orders to
Various Vendors
The attached resolution seeks the approval of Open PO's for a diverse array of vendors used by
all divisions of the Public Works Department. On two previous occasions in (December, 1996
and November, 1997) the Administration recommended and received approval from Commission
for Open PO's. A copy of the latter resolution is attached for your reference.
The use of open PO's helps to expedite the purchasing process, which often involves delays
associated with the solicitation of price quotes for each individual purchase over $200.00. These
delays have an adverse impact on service delivery and maintenance operations across the board.
Furthermore, the administrative effort and paperwork required to obtain these quotes are
unnecessary given the consistent history of low bid pricing exhibited by many repeat vendors.
Funds equal to or greater than the amounts listed were approved and included in the Fiscal Year
98199 budget.
The vendors listed in the attached resolution have been generally shown to offer the most
competitive prices based on the low price quote procedure applied over the past year. Aside from
cost considerations, the Public Works Department has been generally satisfied with the quality of
the products /services and the speed of delivery provided by these vendors. The list includes a
waterway management service vendor, Allstate Resources Management, (formerly Aquajet, Inc.),
who has demonstrated a high degree of performance, reliability and professionalism over the past
two years. Allstate will continue to provide waterway management for Fuchs Park Lake, and
expand its maintenance to Brewer and Broad Canals.
Approval of the open PO's will significantly enhance the Department's efficiency and the quality
of its service delivery. Approval is recommended.
Attachments
I RESOLUTION:
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE
5 ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO
6 CONSISTENTLY OFFER THE BEST PRICES ON GOODS AND /OR SERVICES USED BY
7 PUBLIC WORKS AND APROVING DISBURSEMENT OF FUNDS TO PAY FOR THESE
8 GOODS AND /OR SERVICES FROM DIVISIONAL ACCOUNTS AS APPROPRIATED IN
9 THE 98/99 FISCAL YEAR BUDGET.
10
11
12 WHEREAS, as part of its centralized purchasing procedures, the City Administration has
13 implemented an open purchase order system to facilitate acquisition of goods and /or services, and;
14
15 WHEREAS, for internal control, the City Manager is recommending that the vendor -
16 specific open purchase orders be issued for a specific amount which is not to be exceeded and which is
17 applicable for a limited time period, and;
18
19 WHEREAS, by means of competitive bid State contracts and /or repeatedly obtaining
20 competitive bids over the course of months and in some cases years, the City Administration has
21 determined that the vendors listed under Section 1 below consistently offer the best prices and product
22 quality on their respective goods and /or services.
23
24 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the
25 CITY OF SOUTH MIAMI, FLORIDA that
26
27 Section l: The City Manager is authorized to issue open purchase orders for the 1998 -1999
28 fiscal year to the following vendors in the amount indicated below for each of them:
29
VENDOR NAME AMOUNT ACCOUNT NUMBER
1. Ace Lawnmower $ 2,000.00 1760 -519 -4680
2. Alayon Air Conditioning $ 3,500.00 1760 -519 -4680
3. All Clean Western Paper & Janitorial Supply $ 2,000.00 1710 -519 -4670
Allstate Resources Management (formerly
Aquajet Lake Services) $10,000.00 1730 -541 -3450
4. American Genuine $ 5,000.00 1760 -519 -5240
5. American Truck Crane (welding) $ 2,000.00 1760 -519 -4680
6. American Truck Crane(parts) $ 3,000.00 1760 -519 -5240
7. Amerilumber Inc. (hardware supplies) $ 2,500.00 1710 -519 -4670
8. Atlantic Paints $ 1,000.00 1760 -519 -5240
9. David Harris Tire $ 1,500.00 1760 -519 -4680
10. Direct Safety Company $ 1,500.00 1730 -519 -4640
11. Evora Nets (truck bed overhead nets) $ 2,000.00 1760 -519 -5240
12. Gables Lincoln Mercury (warranty repairs) $ 1,500.00 1760 -519 -4680
13. Gables Lincoln Mercury (parts) $ 3,500.00 1760 -519 -5240
14. General Welding $ 4,000.00 1760 -519 -4680
15. Genuine Parts Company (NAPA) $ 3,000.00 1760 -519 -5240
16. Global Fluid Connectors $ 3,000.00 1760 -519 -5260
' 1 `Ef ? - 5 ; Mj,:�41 r IJP(:w _g �
Df Res. #228 -97 -10198
+# - VENDOR NAME AMOUNT
/ 06ZCOM Gables Lincoln Mercury (Parts)7t,.53lr
$ 2,000.00
1766 -519 -5240
j063 AmericanGenuincOM
3,000.00
1760 - 519 -5240
/06Y Atlantic Paint & Body (Window & Door Parts)
1,800.00
1760 - 519 -5240
/AIiSPalmetto Truck (Ford Brakes) 0 f99
2,000.00
1760 -519 -5240
/044Jack Lyons (Power Take Off Unit Parts)#17
1,500.00
1760 -519 -5240
iO(WSouth Florida Automotive (Parts) * 7 S/7
3,000.00 '
1760 - 519 -5240
/t?Genuine Parts Company 043
1,500.00
1760 -519 -5240
,vamartino Tires o`9S
11,000.00
1760 -519 -5250
/o70Specia1tY Oil #87
3,000.00
1760 -519 -5230
/07/ Global Industrial (Fittings Hydraulics, etc./
3,000.00
1710 -519 -5260
/07.xGeneral Welding 0/60
3,000.00
1760 -519 -4680
/073American Truck Crane (welding) -0530/
3,000.00
1760-5194680
10711Jam we Ming * 5V7
1,500.00
1760- SI94690
/o ata -state Batteries 0
900.00
1760 -519 -4680
/07bAmc'ican Truck Crane (Heavy Equip. RepairrS)4
2,500.00
1760 -519 -4680
1077 David Harris Tire Service (Outside Labor/Repairsjlbl,000.00
1760- 5194680
/ 078Ace Lawnmower 0157
800.00
1760- 519 -4680
/07'Moral Gables Lincoln Mercury (Deductiblerg!irs)2,000.00 .
1760 -519 -4680
108dPride of Florida ('fires) w'�80
5,000.00 `
1760 -519 -5250
6oua1/.l1 cMetui
Section 2. The disbursement of funds to pay for the open purchase orders be charged to various accounts
determined to be appropriate by the Administration.
Section 3. This resolution shall be effective immediately after adoption.
PASSED AND ADOPTED this 4th day of November 19'
i
READ AND APPROVED AS TO FORM
CITY ATTORNEY f-
COMMISSION VOTE: 5 -0
Mayor Price: Yea
Vice Mayor Robaina: Yea
Commissioner Young: Yea
Commissioner Bethel: Yea
Commissioner Oliveros: Yea
a;3 0E ,6F,77RO, CITY 50 M.T.•:MI PURCH
RESOLUTION NO. 2 Z $- 4 7 -1019 8
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF-'THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN
PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED
TO CONSISTENTLY OFFER THE BEST PRICES ON GOODS AND /OR SERVICES
USED BY THE CITY AND APPROVING DISBURSEMENT OF FUNDS TO PAY FOR
THESE GOODS AND /OR SERVICES FROM APPROPRIATE ACCOUNTS AS
APPROPRIATED IN CURRENT FISCAL YEAR'S BUDGET.
WHEREAS, as part of its centralized purchasing procedures, the City Administration intends to implement
an open purchase order system to facilitate acquisition of goods and/or services, and;
WHEREAS, for internal control, the City Manager is recommending that the vendor specific open
purchase orders be issued for a specific amount which is not to be exceeded and which is applicable for a limited
time period, and;
WHEREAS, by means of repeatedly obtaining competitive bids over the course of months and in some
cases years, the City Administration has determined that the vendors listed under Section I below consistently
offer the best prices and product quality on their respective goods and/or services and wishes to issue open
purchase orders to them.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF
SOUTH MIAMI, FLORIDA that:
ion I. The City Manager is authorized to issue open purchase orders for the 1997 -1998 fiscal year to
the following vendors in the amount indicated below for each of them:
yt�
VENDOR NAME AMOUNT
oS%Grainger (Hardware Supplies) 1.75 S 3,000.00 1710 -519 -4670
jp j3Alayon Air Conditioning •><�'i
3,000.00
1710 -519 -4670
10S#Centrai Supply Inc. (Air Conditioning Repair)ft j 2,400.00
1710 -519 -4670
Q 10Z Gem B Electric Supply Inc! 4.2 +,.
11000.00
1710 - 519 -4670
10.<0 Amerilumber Inc. (Hardware Supplies0/4
2,500.00
1710 -519 -4670
105? Tower Paint O S tv
800.00
1710 -519 -4670
/bS8All Clean Western Paper & Janitorial Supply 2,000.00
1710 - 519 -4670
ioS9Lawrence Plumbing F5Vj
800.00
1710 -519 -4670
1060 O'Gee Paint *ra73 Z,
900.00
1710 -519 -4670
1p`1 Quality Chemical (Janitorial Supplies)O'ia50
4,000.00
1710 -519 -5210
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VENDOR NAME
AMOUNT
ACCOUNT NUMBER
17. Grainger (hardware supplies)
$
3,000.00
1710 -519 -4670
18. Interstate Batteries
$
2,000.00
1760 -519 -5240
19. Jack Lyons ( "Power Take Off' unit parts)
$
3,000.00
1760 -519 -5240
20. Jackie Parker Sod
$
1,000.00
1750 -519 -4625
21. J.A.M Welding
$
2,000.00
1760 -519 -4680
22. Kilowatts Electric Supply
$
1,000.00
1710 -519 -4670
23. Lawrence Plumbing
$
800.00
1710 -519 -4670
24. Lesco, Inc
$
1,500.00
1760 -519 -4680
25. Lory Transmission
$
3,000.00
1760 -519 -4680
26. Mac Tools
$
900.00
1760 -519 -5240
27. Martino Tires
$20,000.00
1760 -519 -5250
28. Noval Air Conditioning, Inc.
$
2,400.00
1710 -519 -4670
29. O'Gee Paint
$
900.00
1710 -519 -4670
30. Palmetto Truck (Ford brakes)
$
4,000.00
1760 -519 -5240
31. Piefer Scooters
$
1,500.00
1760 -519 -5240
32. Plasencia Nursery
$
2,000.00
1750 -519 -4625
33. Power Brake
$
3,000.00
1760 -519 -5240
34. Pride of Florida (tires)
$
5,000.00
1760 -519 -5250
35. Quaker State
$
3,000.00
1760 -519 -5230
36. Quality Chemical (janitorial supplies)
$
4,000.00
1710 -519 -4670
37. S & H Distributors
$
1,500.00
1760 -519 -5260
38. Safelite Glass
$
1,500.00
1760 -519 -4680
39. South Florida Automotive
$
4,000.00
1760 -519 -5240
40. Tower Paint
$
800.00
1710 -519 -4670
41. ZEP
$
1,000.00
1760 -519 -5260
Section 2. The disbursement of funds to pay for the open purchase orders is charged to
various Public Works Division accounts determined to be appropriate by the Administration.
Section 3. This resolution shall be effective immediately after adoption.
PASSED AND ADOPTED this 6th day of October 1998
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
":• yj D11
MAYOR
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: October 6, 1998
FROM: Charles D. Scurr RE: Agenda Item #�
City Manager
fcv Approval of expenditure for
the purchase of a 3 -wheel scooter for
the Parking Enforcement Unit.
The attached resolution seeks approval of a $17,350.00 expenditure for the purchase of a
3 -wheel scooter for the use of the city's parking contractor. The scooter will be utilized
by the parking enforcement unit to cover an expanded enforcement schedule. Funding for
this expenditure is included in Public Works' fiscal year 1998 -99 budget for the Motor
Pool Division.
The price quotation for this equipment was obtained through the vendor's State contract.
Funding for this disbursement will come from Account No. 1760.519.6430, "Motor Pool
Division — Equipment Operating ". The resulting account balance will be $2,500. 00.
Approval of this expenditure is recommended.
Attachments
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $17,350.00 TO PIFER
INTERNATIONAL INC. FOR THE PURCHASE OF 3-
WHEEL CUSHMAN SCOOTER FOR THE PARKING
ENFORCEMENT UNIT AND CHARGING $17,350.00
OF SAID DISBURSEMENT TO ACCOUNT NO.
1760.519.6430, "MOTOR POOL DIVISION -
EQUIPMENT OPERATING ".
WHEREAS, as a result of extended enforcement hours, the City of South Miami
Parking Enforcement Unit will cover an expanded schedule beginning this fiscal year,
and;
WHEREAS, the expanded schedule will require one additional 3 -wheel scooter
for the enforcement personnel, and;
WHEREAS, funding for the purchase of the scooter is included in the
Department's budget for the 1998 -99 fiscal year.
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 Pifer International Inc. based on the State Contract No. 070 - 840 -320.
Cushman On -Road vehicle (3- wheel) $17,350.00
Section 2. The City Manager be, and is hereby authorized to disburse the sum
of $17,350.00 to Pifer International Inc.
Section 3. That this resolution shall take effect immediately after adoption
thereof.
PASSED AND ADOPTED this 6th day of October 1998.
APPROVED:
MAYOR
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
961WEU1 12 31 PIFER, INC. TEL:561- 146-5510 P. 003
, P10-
� Cushman�On.-Road Vehicles
to
t is
CD
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kli
b
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M
1
r ON -ROAD POLICE VEHICLES
• Available wirh mironutic: [ruttianissioa (Model 474)
or m:uur[I rrnn missio►i Vvlodel%454 /404)
Av-iilahlc with Ccm.hman 22 -lip uY
Cushman 27 -h� liquid- cm -aled engines
• Tight chit. le clearance circle,if 17'
• 16-cu ft locking cargo box with 1200 -1b rated
pa ylckid capacity
Wearher -rildu filvrgkiss cal, with locUhle steel ckxxs
• Heater /dcfnvter standaucl tin Mcxle:ls 464/474
• C:[lifivnia emis- isms package optional with
liquid- ccinlml engine
FM
■ ON -ROAD DELIVERY' VEHICLES
• Available with Cuslutian 27 -hp liquid- ct.mled
or C te;hrn:ur 22 -hp air- axiled engine%
• Tghr ourside clearance circle of 17'
• a,er 60 cu fr oaf csargca space with 1200.1h rated
pa id caapUrcity
• All - weather lockable lihergl,t... caah
• C difcnnia emi�.5icros packaw optional with
liquid- c:rxaled L•rlgine
r#
■ ON -ROAD ZEV (ZERO EMISSIONS VEHICLE)
• 72 -volt electric utility vehicle
• Travels up to 39 roph over 40 -60 milts`
• 16-cu h kicking cargo box
• 700.11 rated payload capacity
• PMC controller Provide infinite speed control, sm(xarh
accelenl ion and low speed efficiency
• Heavy -duty chassis with hydraulic drum brakes on all
3 wheels
• Meer.s nr exceetbi applicable CARET and KPA canissituu
smnd.anls
■ ON -ROAD REFUSE VEHICLES
• AvaiL•ihle with Cushman 27 -hp liquid-cooled-
or Cushman 22 -hp sir ccxaled engines
• Tigh[ tmrside clearance circle of 17'
• 2 -cu yd polyethyltme dump box standard or
c►ptiu[tal 1.6•cta yd steel hopper
•
1200,16 rnrLYl Payluad capacity
• Califc[rnia emissions package optional
with liquid- uxaled engine
;A4.
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CUSHMAN
M:wnwn mryt.ndhr opt e..►o mnoSMOrls r71q aprnslor rrW h+=P rt45 Oaawan Ebova; wd&s* p.nbrmance and MnW ern Driven to be the h4til.
txrdr�n�ieryn�ircrrdDrrnunwro [YGCac Fiaaiacgr W). Ourbdobalcrtoranrp &=WVrnaraaaWW5ampuxtkySbracts=
� B(WED) 12:31 PIFER, INIL1 TEL:561 -746 -5510
Florida Statt_QQntract (7ommodity # 070-840 -320
Effective 10/ 1/97 - 9/30/98
P. 002
Make: Cushman
Model: 464
Intended Use: On Road Street Legal Used in Law Enforcement and Security Applications
Brief Description:
3 -wheel with hydraulic brakes, 3 cylinder gas 27hp liquid cooled engine,
fiberglass cab with electric windshield wiper, speedometer, rear view mirrors,
turn signals with emergency flashers, front hi-low beam headlights,
combination rear stop/taillights, dimmer switch, heater /defroster, floor mat,
wMerproof lockable storage compartment, ammeter, fuel gauge, water
temperature gauge, hour meter, horn, seat belt, backrest, front and rear
bumpers, 3 forward /1reverse synchronized transmission, 39mph, radial tires,
parking brake. ,
Color:
Ermine White
Price:
$11,645 ( Southern District)
Approved Options
#070 - 840 -321
2001
Automatic Transmission, 3 speed. Cushman Model 474 includes $3,800.1
cab & steel doors, 31 hp gas engine
5001
Roof Vent for cab ( 886040) 140,
6004
Strobe light 190x/
6005
Electric backup alarm ( 834229) 125. V`
800]
Cloth doors for cab ( 888664 & 888665) 495. v-
8002
Steel doors for cab ( 890515 & 888663) 1,050.
8004
Rear tow hitch ( $91785 ) 45. 1/
Available Factory Installed Accessories not on Contract
53713 Hot-dipped Galvanized Chassis 492.
884610 Power converter set 60.
JSK 4 Jump Start Dead Battery Kit Assist with Cables 175.v`
Ordering Instructions:
Pifer, Inc.
1350Indiantown Road
Jupiter, Florida 33458
Phone # 860 -321 -8374
Fax # 561- 746 -5510
Set -up, delivery, installation, operator & maintenance training, parts & service manuels provided
free of charge.
gIWTD) 12 :31 PIFER, INC. TEL:561- 746-5510 P.002
Available Factory Installed Accessories not on Contract
53713 Hot- dipped Galvanized Chassis 492.
884610 Power converter set 60.
JSK 4 Jump Start Dead Battery Kit Assist with Cables 175.f
Ordering Instructions: Pifer, Inc.
1350 Indiantown Road
Jupiter, Florida 33458
Phone # 860 -321 -8374
Fax # 561- 746 -5510
Set -up, delivery, installation, operator & maintenance training, parts & service manuels provided
free of charge.
7
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Florida State Contract
Commodity # 070 - 840 -320
Effective 10/ 1 /97 -
9/30198 `
Make:
Cushman '
Model:
464
Intended Use:
On Road Street Legal Used in Law Enforcement and Security Applications
Brief Description_
3 -wheel with hydraulic brakes, 3 cylinder gas 27hp liquid cooled engine,
fiberglass cab with electric windshield wiper, speedometer, rear view mirrors,
turn signals with emergency flashers, front hi -low beam headlights,,
combination rear stop/tsillights, dimmer switch, heater /defroster, floor mat,
waterproof lockable storage compartment, ammeter, fuel gauge, water
temperature gauge, hour meter, horn, seat belt, backrest, front and rear
bumpers, 3 forward /] reverse synchronized transmission, 39mph, radial tires,
parking brake. ,
Color:
Ermine White
Price:
511,645 ( Southern District)
AAQroved Options
2001
#070 - 84x321
Automatic Transmission, 3 speed. Cushman Model 474 includes $3,800. p�
cab & steel doors, 31 hp gas engine
5001
Roof Vent for cab ( 886040) 140,
6004
Strobe light 190
6005
Electric backup alarm ( 834229) 125, v-
Soo ]
Cloth doors for cab ( 888664 & 888665 } 495. "
8002
Steel doors for cab ( 890515 & 888663) 1,050.
8004
Rear tow hitch ( 891785 ) 45. ,/
Available Factory Installed Accessories not on Contract
53713 Hot- dipped Galvanized Chassis 492.
884610 Power converter set 60.
JSK 4 Jump Start Dead Battery Kit Assist with Cables 175.f
Ordering Instructions: Pifer, Inc.
1350 Indiantown Road
Jupiter, Florida 33458
Phone # 860 -321 -8374
Fax # 561- 746 -5510
Set -up, delivery, installation, operator & maintenance training, parts & service manuels provided
free of charge.
7
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t:_-21f' 9"O RED► 12:30 PIFER, INC. TEL:561 -746 -5510 P.001
Cf ���• - Pifer International, Inc.
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0=0 SLPPMS SO-IM9 th- WWM sinm 1972
1350 Indiantown Ad. • Route 706 • Jupiter, Florida 33458 - Phone (561) 746 -5321
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e -mail: piter6piter- intemational.6om e-mail: scottj@piter- intemattonal.com
SOniT9 COn ra/ A South Amerk • Bahamas • Cadbboan • Bermuda • Europe
South Florida
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1350 Indiantown Ad. - Aoute 706 - Jupiter. Florida 33458 - Phone (561) 746 -5321
FASSIME MACHINE TRANSMISSION LETTER
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website: www.plfer- intemational.com
TOLL FREE 1- W-324 -8374 Facsimile (561) 746 -5510
e-mail: piler0piter- intemational.6om e-mail: s00ty6pi(er- intamattonaJ,com
Servutg Contra/ d South Ama"' - Bahamas - Caribbean - Bermuda - Europe
South Florida
C��i
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: October 6, 1998
FROM: Charles D. Scurr SUBJECT: Agenda Item # 4
City Manager Commission Meeting,
October 6, 1998
AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO A
CONTRACT WITH PRECISION
ENVIRONMENTAL
LABORATORY, INC., TO
PERFORM ANALYTICAL
TESTING AT A COST NOT TO
EXCEED $1,500.00, FOR FISCAL
YEAR 1998/99.
The attached resolution seeks approval to allow the City Manager to enter into a contract with
Precision Environmental Laboratory, Inc., to perform analytical testing pursuant to the National
Pollutant Discharge Elimination System ( NPDES) permit requirements.
The City of South Miami is required by the United States Environmental Protection Agency
(EPA) to properly maintain and safeguard its stormwater drainage systems pursuant to the Clean
Water Act regulations. One of the NPDES requirements is to test stormwater outfalls for the
presence of "illicit discharges" (i.e., discharges of environmentally hazardous materials such as
waste oil, pesticides, fertilizers, etc.).
Precision Environmental ]Laboratory, Inc., provides testing services for both the State of Florida
and Miami -Dade County. These services are provided under the State Negotiated Agreement
Price Schedule (SNAPS) No. 9911083. The proposed contract with Precision would be based on
that same pricing schedule.
The total expenditure would not exceed $1,500.00, and the disbursement would come from
account No. 11- 1730 -541 -3450 "Stormwater Trust Fund — Contractual Services " for fiscal year
1998199, which has a balance of $40, 000.00 remaining for the year.
Attachment:
Miami -Dade County letter dated 8/5/98 indicating the need for testing
SNAPS Agreement
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH PRECISION
ENVIRONMENTAL LABORATORIES, INC., TO
PERFORM ANALYTICAL TESTING SERVICES, AT
A COST NOT TO EXCEED $1,500.00, AND
CHARGING THE DISBURSEMENT TO
"STORMWATER TRUST FUND -- CONTRACTUAL
SERVICES" ACCOUNT NO. 11- 1730 -541 -34501
FISCAL YEAR 1998/99.
WHEREAS, the United States Environmental Protection Agency (EPA) requires each
municipality to properly maintain and safeguard its stormwater drainage systems pursuant to the
Clean Water Act regulations, and;
WHEREAS, one requirement of the EPA's National Pollutant Discharge Elimination
System (NPDES) permit for the City of South Miami is to perform analytical testing on certain
drainage systems to determine whether illicit connections exist, and;
WHEREAS, Precision Environmental Laboratory, Inc., is a properly licensed firm who
provides testing services to the State of Florida under the State Negotiated Agreement Price
Schedule (SNAPS) No. 9911083.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a contract with
Precision Environmental Laboratory, Inc., to provide all necessary environmental testing
services to satisfy NPDES requirements.
Section 2. The contract with Precision Environmental Laboratory, Inc., is not to
exceed $1,500.00, and shall adopt the State of Florida SNAPS Agreement No. 9911083 pricing.
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PASSED AND ADOPTED this 6th day of October 1998.
ATTEST:
CITY CLERK
INr!_lIr7:'IaIr7:'19��]• r�r] 7
CITY ATTORNEY
APPROVED:
MAYOR
MIAMI -DADE COUNTY, FLORIDA
MIAMI
=-0ADE mtEm&m
67 W -
ENVIRONMENTAL RESOURCES MANAGEMENT
WATER MANAGEMENT DIVISION
STORM WATER AND
FLOODPLAIN ASSESSMENT SECTION
33 S.W. 2nd AVENUE, SUITE 300
August 5, 1998 MIAMI, FLORIDA 33130 -1540
(305) 372 -6888
Mr. Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
RE: NPDES Joint Permit No. 000003, for Miami -Dade County and Joint Permittees
Dear Mr.Scurr:
EPA has informed this Office that the first year Annual Report for the referenced Permit
is currently under review. It has been brought to our attention that certain municipalities
have identified Miami. -Dade County as being responsible for the Dry Weather Flow
screening in their municipality.
We have addressed this issue on several occasions during NPDES meetings, and, for the
record, responsibilities are as follows:
1. Miami -Dade County DERM performs the stormwater monitoring part of the
Permit on behalf of all Joint - Permittees, by virtue of Interlocal Agreements
executed in 1992 between Miami -Dade County and all Joint Applicants. A yearly
stipend is paid by all Permittees to cost -share this requirement. A description of
this Program is listed on Part V, Page 80 of the NPDES Permit.
r.� 2. The Dry Weather Flow screening, which may involve sampling activities, is not a
part of the stormwater monitoring part of the Permit. It is, however, a
requirement of each municipality's Stormwater Management Program, and is the
individual responsibility of every single Joint- Permittee, with the exception of
FDOT, which has executed a separate Agreement for this activity. This
requirement can be found on Pages 20, 21 and 51 of the Permit.
If your Annual Report had incorrectly identified the County as conducting these
activities, it may be to your advantage to immediately conduct this screening and forward
results, while the Report is still under EPA review.
If you have questions on any of this information, please call Gonzalo Montes de Oca, of
my office, at 305- 372 -6880.
Thank you for your help in this matter.
Sincerely,
M. Gambino, Chief
Stormwater and Flood Plain Assessment Section
Ms
Cc: Mr. David Goodin
DEPARTMENT OF MANAGEMENT
SERVICES
4050 Esplanade Way • Tallahassee, Florida 32399 -0950
LAWTON CHILES, GOVERNOR
July 9, 1998
Mr. John Manning
Precision Environmental Laboratory
10200 USA Today Way
Miramar, FL 33025
RE: SNAPS Agreement #9911083
Dear Mr. Manning:
WILLIAM H. LINDNER, SECRETARY
Suite 325
Enclosed is your copy of the executed State Negotiated Agreement Price Schedule (SNAPS) form establishing an
agreement between the State of Florida and your firm for the purchase Analytical Environmental Service.
Sales made under this contract must be furnished to the Department of Management Services State Purchasing
Office at the end of each contract quarter.
10/10/98 01/10/99
04/10/99 07/09/99
Should you not make any sales during the quarter, a negative report must be submitted.
You are reminded the Special condition titled `Responsibilities ", paragraph ( c), The contractor shall furnish
the Department of Management Services State Purchasing Office, a detailed Summary of Sales or Services,
for each purchasing entity, at the end of each contract quarter. The summary shall include: SNAPS number,
contractor's name; total of sales for each commodity sold during the month; total dollar amount of purchases; and
the total of all credits provided to each agency.
Failure to provide this information within thirty (30) calendar days following the end of each quarter shall
result in automatic, unilateral cancellation of the contract by the Department of Management Services State
Purchasing Office.
Should you have any questions please call Gloria Dixon at (850) 921 -2212 or Marie Abrams at (850)487 -6592.
Very truly yours,
Gwen Baker
SNAPS Administrator
GB:ds
Enclosure
w
i�
Recycled Paper
STANDRUS &FROGS MGT Fax :1 - 850 -487 -2442
Jun 3 '98 7 :24 P.01
I -
7'.
State Negotiated AgOesment Price. Schedule
Divlston ol-P.urchasfng • 4050 Esplanade Way • Tallahassee, Florida 32399 -0850
To be 'completed by the. D6vision of Purchasing ^ "
f.Y / ieOrL, FAUl�d0id1VT194 e5�Ci2i1 'SNAPS No.
SNAPS Title: (�,� 1023
i
Effective:. t , f a 1 qc/ * Through: - l— �T 9
Federa P. Employer Identification. Number 65- 0321084 *SPURSorS.S. Number / 1 (224-001
Vendor Nettle Urari si on Environmental Laborator ternetAddressPrecision L @ QOt. cam
i
Vendor Mailing Address .10200 USA Today Way City M xzmar
i.
State Florida Zip 33025 _
Telephone Number (954)431-4550 I Toll.= FreeNumber ( 800') 522-8550
Area to be Served Shat g �J; riP
f�elivery wiil. be 7 days after receiving. order. Warranty N/A
Check boxes) which apply. If yes, describe In space provided.
No
Yes
Product contains recycled content
❑
❑
N / A
Product - provides energy conservation factors
Please see accompanying letter
Product'has envfronmentaily desirable characteristics
!J
❑
N/A
Productcoriaerves resources
❑
® ..Please
see accompanying letter
i
Encourages an emerging, technology
❑
()
P1 asP S ,-Q arrnmpanyi ng 1 ntt-Pr
Posting of5NAP5 Agreement
Proposals with recommended'.awarda wlfl'be postW for review by imarested parties at the location where proposals ware negotiated. and will remain posted for a period ol.72 hours. Fellare iv
file &protest within thq time prescribed in Section 12O.53(5), .Florida SWulos, shall constitute a walveiot proceedings undar Chapter 120, Florida Stamta.s. All proposals accepted by the State
are subyctdo the State's terms and conditions and any and all additional terms and conditions submitted by the proposers are rejected and shall have no force and effect. Posting will be on or
about; r�
i
I eenify that lhia:agro•rnont is.made without prior uAderstanding, or connection with any corporation, film, or.person submitting a proposal for the same materials. cupplias or equipment and is
in affrespects felt and without coliueio9q or.fraud. f agree to abide by all conditions of InIs.proposal and cattily that I am authorized to sign this proposat for the proposer and that the proposer Is
inromplianca�witn a(trequlretrienrs, indluding but not limited to ceriffication requirement•. In submitting a proposal, Ih* proposer offers and agrees that If the proposal is accepted, the proposer
7\!!nhn or State at Florida ali rights, title and interest in and to as causes of action it may paw or hereafter aaauiro undar the Anti-trust Law; of the United Staten
ramg to tho particular com madit]" or OANiraay purvi.tt"d or Acquired by me State of Fronds. At tno Stato'. dlearotlon, :uoh OO.IgnmOnr Ohall ba mado
t chasing nlganey tenders final payment to the proposer.
` l xtaw ....._. 11 . _ W . . ers Sig�lature
n —1---
Proposers Name (Pleas Print)
D>rnuncrr or•MSN�cyr rx r
Aufhori7Pd Signature
V . P . Marketing SERVICES
* / it
TitlQ T 6ats
STANDARDS &PROGS MGT Fax:1- 850 - 487 -2442 Jun 3 '98 7:25 P.02
Purpose:.Unt7er authodry.of Se.Won 287.042(t)(a} and, 2)(a); th4liurpose of thlsproposal Is te- asttitiRsh a neg4 fatsd agreement for the pureness of commodities
orservio990y211 State of Florida agencies a doftreligibI6 users, on an expedited basis, The agreement will provide an opportunity to evaluate, assess and determine
the need, tieneNt and value ofcommoditlas orsetvicesthat conserve resources, are energy efficient, environmentally friendly, contain recycled content, or encourages
an`amergitig technology; and-the feasibility of establishing future state term contracts, through the competitive process. The agreement will also free the eligible users
irom.the necessity of obtaining competi five lquotations for the purchase of these commoditieslaarvleas, up to the limit of Category V,
state agency use of this agreement will root be mandatory,
ordering limits: Total agency wide acquisitions during the tart of the agreement shall not exceed the threshold amount for Category V, except that acqulsitiona.by
agencies with decentralized purchasing lunctlonsahall.be considered on lice basis of s *h purchasing affica that maintains full -time purchasing staff.
NotleeafeldlPi roposai Protest BondingRequlrement: Anypersonwftoflisaanacti onprotestingadeclolonorintandeddeclalonpertainingtocontractsadministered
by the Dfvfsionjor a state agency pursuant to Section 120,53(5)(b), FloridaSlatutes, shall post with the Division or the state agency at the time of filing; the formal written
orotest, a bond payable to the Division or state agency in an amount equal to one perce Int (1%) of the Division's or state agency s estimate of the total volume of,Me
ct
contra or $5,000, wnfchover Is less, whictiband shall be conditioned upon the paymen4i altcosts which may be adjudgsd against him In the administrative hearing
in which the action is brought and in any subsequent appellate court proceeding. For protest of decisions or Intended decisions of time Dlvlsion pertaining to agencies'
requests for approval of exceptional ptirchasea, the bond shall Do In the amount equal to one percent (1 0/.) of the requesting agency's estimate of the contract amount
for the exceptional purchase requested or $5,000, whicheveris less. In lieu of a bond, the Divislonorstate agency may, In eithercase, accept a cashier's check or money
orderin the arocunt of tno bond, f=ailure to fits the proper bond at the time of filing the formal protest, will result in a dental of the protest.
Prlcea,Torrria and f Payment: Firm prices shall boproposedandincludeaitpacking, handling, shipping charges and delivery unless otherwise indicated, The contractor
name and address shown. on invoices must be identloal to the contractor name and address on the purchase order.
(a) ; Taxes: The State of Florida does clot pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See tax exemption number on
face of.purchase orcler of agreement form. This exemption does notapply to purchases of tangibre personal property In the performance of contracts for
the improvement of state -owned real property as defined In Chapter. 192, Florida Statutes. y
(by Invoicing and Payment: Thocontractor shall be paid upon submission ofprdpe rt} ice- rffiadinvoicestolAepurchaseratthe .pricesstiputatedontheagreement
at the time the order is placed, afferdalfveryand acceptance of goods, less deductions if any, as provided, invoices shall eontainthe agreement number,
purchase order number and the contractor's Federal Employer Identification Number. An original and three (3) copies of the invoice shall be submitted.
Failure to follow these instructions may result in delay in processing Invoices for payment.
I
Interest Penalties: Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the contractor's rights and the State agency's
responsibilities concerning interest penalties and time limits for payment of invoices.
Vendor Ombudsman: Vendors prwiding goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has
five (5) working days to inspect arid; approve the goods and services, unless the bid Specifications, purchase order arcontract specifies otherwise. An
ageney.has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter
of the date the invoice Is received or the goods or services are received, Inspected and approved. If a payment Is not available within 40 days, a
sepafate Interest penalty set by the Comptroller pursuant to Section 55.03, F.S., will be due.ano payable, in addition to the invoice amount, to the
vendor. To obtain the applicable interest rate, contact the agency purchasing office, The Interest penalty provision applies after a $S day time period
to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment.
lNoices which have to be returned to a vendor because of vendor preparation errors will result in a delay In the payment. The Invoice payment
requirements do not start until a properly completed Invoice is provided to the agency. A Vendor Ombudsman has been established within the
Department of Banking and Finance. The duties of this individual Include acting as an advocate for vendors who may ba experiencing problems In
obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted at (904) 488.2924 or by calling the State Comptroller's
Hotline, t- 800. 848 -3792. The Division of Purchasing shall review the conditions and circumstances surrounding non- payment, and unless there is a
bona flde dispute, the Divislon may, in writing, authorize the contract supplier to reject and return purchase oniers from said agency until such time as
the agency complies with the provisions of Section 215.422, P.S.
(c) Annual Appropriations: The State of Florida's performance and obligation to Day underthis agreement is contingent upon an annual appropriation by the
Lebislature.
Conflict of Interest: Ttie award hereunder ie subj'9ct to the provisions of Chapter 112, Fforkia Statutes. Proposers must disclose the name of any officer, director,: or
agent who, is also an employee of the State of Florida, or any of Its agencies. Further, all proposers must disclose time name of any State employee who owns, directly
or.indiroctry, an Interest of five percent (5 %) or more In the proposers firm or any of Its branches.
Governmental Plestrictlonsr In the event a p y governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or
performance of the' items offered in this agreement prior to-their delivery, itshaitbe the responsibility of the successful proposer to notify the buyer at once, indicating
in his letterihe'specifiC regufation which required an alteration. The State reserves the right to accept any Such alteration, including any price adjustments Occasioned
thereby, or to cancel the contract at no further exDense to the State,
Inspection, Acceptance and Title: Inspection and acceptance will beat destination unless - otherwise provided. Tide and risk of loss or damage to all items shall,be
the responsibility of the supplier until accepted by the ordering agency, unless less or damage restrits.from negligence by the ordering agency, The contract supplier
shall be responsible for filing, processing and collecting all damage claims. However, to assist him in the expeditious handling of damage claims, the ordering agency
will; record any evidence of visible damage on:all copies of the delivering carriers Bill of Lading; report damage (Visible and Concealed) to the carrier and supplier,
confirming such reports, in writing, Within 15 days Of delivery, requestingmat the carrierinSpectIliedarnagecl merchandisa; and retain the item and its shipping container,
including inner packing material, until inspection is performed by the carrier, and disposition given by the supplier, provide the supplier with a copy of the carriers Bill
of Larjirrg.andidamage inspection repuit
Service and-Warranty; Unless otherwise specified, the proposer shall deffne any warranty service and. replacements that will be provided during and Subsequent 10
this agreement. Proposers must explain on an attached sheet to what extent warranty and service facilities are provided.
samplea� Sahiples of items, when requested by the Division of Purehasfnq, must be ftlrmishad free of expense, within tan (1,0) working days of request, and it not
destroyed may, upon request, be returned at the prapoeer's expense. Each individual sample must be labeled with vroposer's name, manufacturbr -s brand name and .
number, agreement numba(and-Item refarence• Request for return of samples shall be accompanied by instructions which include shipping authorization and name
of cardsr.' It instructions are not received, the commodities shall be disposed of by the State of Florida.
i
i STRNDRRDS &PROGS MIST Fax :1 -850- 487 -2442 Jun 3 '98 7 :26 P.03
J.
NonconfvKmance to Agreertiant Conditk na:.items maybe tested and/or Inspected for. compliance with specifications by the Florida Department of Agricultura and ..
COnaumer. SeMces, or by other appropriate tasting factittles. Should the items fail testing, the State may require the vendor to reimburse the State for costs incurred
by the State Inr connection with the axe ininationor fasting of the commodity including costs relating to transporting the commodity samples to the testing-site, actual
test cosis,'personnel costa and other apouc'abid. costs. The data derived from any tests fqr compliance with specifications are public records and open to examination
thereto in accordance with Chapter 1 l'9( Irlda Statutes. Items delivered that are unsatisfactory may be rejected and ratumed at vendors expense. These Items and
s
item not delivered as per delivery date in p�oposai and/or purchase order may result in p1loposerbeing found in default in which event any and all reprocurement costs
may be charged against the defaulting con ractor, Any violation-of these stipulations ma� also.result in:
(a) Supplier's name being remove from the Division of Purchasing vendor mailing list.
l twrttenapproralottheDlvleionofPUrclaaingumiisuchtlmaasthesuppltar (b) All Staiddepartmentsbeing; advsednot. todebusinesswittrthesuppiterwith i
naimburses -the Slate for all :repiocuramant and cover costs.
Legal Requirements: Applkabla provisions of All-Federal, State; oduntyand local laws, and of alliordlnanees, rules, and regulations shaligovem development, submittal
and evaluation of'all proposals and shall goverrr any and all claims and disputes which may arise between person(s) submitting a proposal response hereto and the
State of Florida, by and through Its officers, employees and authorized representatives, or any other person, natural orolherwise, and laekot knowledge by any proposer
shall' not constitute a cognizable defense against the legal effect thereof.
Advertfaing:.In submitting a proposal, proposer agrees not to use the results therefrom as a part of any commercial advertising.
l
Assignmant:'Any Agreement or Purchase Order Issued pursuant to-thesa negotiations and themontes which may become due. hereunder are not assignable except
with the pforwrittan approval of,the purchaser:
tiabitIty.- Fhe propcseraha11 hold andsavethe State of Florida, its officers, agents, anaemployeas harmless against claims by third parties resulting from the contractor's
breach of thls grsement or negligence.
I
Faoftlllsa:;'Fhe State reserves the right to Inspect the proposers facilities at any limo with prior notice. w,
Rtlnewal*Tho DIvlslon.of Purchasing reserves the option to renew the period of this agreement, or any portion thereof. Renewal of the agreement period shall be by
mutual agreement in writing.
cancellation, j This agreement maybe cancelled In whole orpart byeltherpaRy bywfitten-notice to the other party, The effacfive date of the cancellation will be as stated
in the notice dr on the date of receipt; if the riotrce does hot specify a date certain.
Patents and Royaltlos: The proposer, without exception, shalt Indemnity ;.hoid and save harmless the State and Ila employees from liability of any nature or kind,
Including costland expenses for or on account of any copyrighted, patented, or un• patented invention, process, or article manufactured or supplied by the proposer.
The proposer has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or
data not supplied by contractor or is based solely and exclusively upon the State's alteration ottee article. The State will provide prompt written notification of a claim
of copyrIgk orpat6nt Inf ringement and wilfalibrd the proposer full opportunity to defend the action and control the defense. Further, if such a claim is made or Is pending
the.contractormay, at Its option and expense procure for the State the right to continue use of, replace or modify the article to render it non-infringing. It none of the
alternatives are reasonably available; the State agrees to return the article on request to the contractor and receive reimbursement, If any, as may be determined by
a court of *competent Jurlsdiction. If the proposer uses any design, device, or materlalslcovered by letters, patentor copyright. It Is mutually agreed and understood
without exception that the proposed prices shall include all royalties or costs adaing from the use of such design, device or materials In anyway involved with the work.
Public Recoids: Any material submitted Will ,bacome a public document pursuartt to Section 119.07, Flodda Statutes. This includes material which the proposer might
considerto bey confidential are trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, Florida Statutes.
Price Schedule: The integrity of the approved price schedule must be maintained ataii times. The penalty for violating the approved price schedule will result In default
as described In Nonconformance to Agreement Conditions above. Contractors shall distribute duplication of the price schedule stamped "Approved by
the Divislor of Purchasing."
Ordering :tnetructions: Proposers must Include complete and detailed orderinginsirucbons, Including tneirStatewide Purchasing Subsystem (SPUR$) vendor number
for involcing.dealers, on the form provided.
Public Entity; Crimes: A person oraffiliate who has been placed on the convicted vendor list following a conviction for a public entity, crime may not submit a bid on
a contract to provide any goods•or services to wpublie entity, may not submit a bid on a contract with a public entity for the coiistruetron or repair of a public building:
or public work; may not submit bids on:leases of real propertyto apublic entity, may not be awarded orperform work as a contractor, supplier, subcontractor, orconsultant
under a contract with any public entity, and may not transact business with any public antity In excess of the threshold amount provided in s. 287,017 for CATEGORY
TWO fora pe'lod of 36 months from the date of being placed on the convicted vendor list
I
Responsibilities::,
(aj Pdor to award, the contractorts)Imusi provide probi of commerciality, of the commodity or service being offered; i.e., copies of invoices, purchase orders .
rtiferencas; etc. (evidence that product or service has been marxeted).
(b) I The contractor(s) will be responslble for duplication and distribution of approved and signed agreement and price schedule,
(c) The contractor shall furnish the Division of Purchasing a detailed Summary of Sales or5etvices, for each purchasing entity, at the end of:each contract
gUarter. The summary small Inciudai SNAPS number; contractors name: total of saints for earn commodity sold during the month: total dollar amount of
purchases; and the total of elf credits provided to each agency, Failure to provide this information within thirty (30) calendar days following the
end of each quarter shell lesott In automatic, unilateral cancellation of the contract by the Division of Purchasing.
(d) The Division of Purchasing will provide, at no cost to the contractor, one (1) diskette (Wordperfect 5.1) or one (1) set of mailing labels for the purchasing
offices throughout the State tt'at may be Interested in purchasing the commodity or service being offered. Please Indicate how you require your labels.
Diskette Hard Copy
_ I
STRhlDARDS &PROG.� MGT Fax:1- 850 -487 -2442 Jun 3 '08 7:27
: der1 ' ' nstruc i its
NOTE: ALL ORDE S SHOULD BE .DIRECTED TO:
SPURS V�NQOR�I�I)(vIB R::
i
VENDOR: ' rP iGion E vi r(
STREET AD-DRESS OR P.O-. BOX:
i
CITY, STATE, ZIP: Miramar,
33025
ORDERING FAX No. :. (954)431!-1959
.
P. 04
' REMIT ADDRESS: As above
CITY, STATE;: ZIP:
u�
.,DELfVtRY: DELIVERY WILL BE MADE WITHIN .7 _ DAYS AFTER RECEIPT OF
PURCHASE:ORDER.
TERMS': Two '12) % mPn (1 n) DAYS
PRODUCT IN FOI`tI1JlIATI.ON. DIRECT INQUIRY TO':
NAME AND TITLE: John W. Manning, V.P. Marketing
ADDRESS; 10200 USA Today Way
CITY,• STATE; ZIP: Miramar, FL 33025
TELEPHONE:, (954)431-4550
TOLL FREE No: (son) 5,, c;5n
INTERNET ADDRESS: Precision L @ 0,01_ com
°DESCOIPTION, OF PRODUCT! SERVICE;OFFERED:
Analytical Environmental Services
i
ii
f
PUA 708t (Rov.a/) LLOtQQI
PRECISION ENVIRONMENTAL LABORATORY, INC.
10200 USA Today Way
Miramar, Florida 33025
(954) 431 -4550
INVOICE # 46886
April 23, 1998
Client #MIADAD000307 Submission #: 9804000781
Miami Dade Water /Sewer- Accounts Payable Miami Dade Water /Sewer(Goulds)
P.O. Box 330316 8950 S.W. 232nd Street
Miami, FL 33233 -0316 Goulds ,FL 33190
Attn: Accounts Payable Attn:Karen Wiggins
DESCRIPTION
Project Location: South District Waste Water Treatment Plant.
Project # /ID: Monitor Wells
2uotation
#:134 - Special MDWS Quote: Rev 10/27
?urchase
Order #:S -3914
'List/
Adj
Item Name
Qty
, uoted Ad!
Price
Price
215.1
Calcium
23
47.50
7.50
172.50
236.1
Iron
23
15.00 40
9.00
207.00
300.0
Sulfate
23
20.00 40
12.00
276.00
310.1
Alkalinity, Total (CaCO3) Endpoint 4.3
23
10.00
10.00
230.00
376.1
Sulfide
23
15.00
15.00
345.00
110.4
Chemical oxygen Demand (MID)
23
15.00
15.00
345.00
?.0. #: 9710025B
0
0.00
0.00
0.00
SNAPS
Approved by DMS • State Purchasing
allZ47 .a/
Thank you for selecting Precision Environmental Laboratory.
For technical assistance with your analytical results, or questions
concerning this invoice; contact Customer Service at (954) 431 -4550.
PAYMENT DUE 05/23/98 TOTAL AMOUNT DUE $1,575.50
Customer agrees to provide written notification of any objections to this invoice within ten (10) days of invoice date.
Customer agrees that payment will constitute full acceptance of the invoice as rendered and waiver any future claims
pursuant to the provisions of Section 2 -207 of the Uniform Commercial Code. In the event this account must be placed
for collection the client will be responsible for any and all collection fees,attorney fees,interest and court costs
associated with recovery of the amount due.
PRECISION ENVIRONMENTAL LABORATORY, INC.
10200 USA Today Way
Miramar, Florida 33025
(954) 431 -4550
INVOICE # 46603
April 17, 1998
Client #MIADAD000307 Submission #: 9804000464
Miami Dade Water /Sewer- Accounts Payable Miami Dade Water /Sewer (Goulds)
P.O. Box 330316 8950 S.W. 232nd Street
Miami, FL 33233 -0316 Goulds,FL 33190
Attn: Accounts Payable Attn:Karen Wiggins
DESCRIPTION
Project Location: South District Wastewater Treatment Plant.
Project # /ID: Monitor Wells.
2uotation #:134- Special MDWS Quote: Rev 10/27
?urchase Order #:S -3839
Ctem Name
?15.1 Calcium
?36.1 Iron
300.0 Sulfate
310.1 Alkalinity, Total (CaCO3) Endpoint 4.3
376.1 Sulfide
410.4 Chemical Oxygen Demand (MID)
?.O. #: 9710025D
List/ Adj
Qty :)Quoted Ad! Price Price
26 Ni7.50 7.50 195.00
26 15.00 40 9.00 234.00
26 20.00 40 12.00 312.00
26 10.00 10.00 260.00
26 15.00 15.00 390.00
26 15.00 15.00 390.00
0 0.00 0.00 0.00
SNAPS mm,
APProved by DMS • State Purchasing
Thank you for selecting Precision Environmental Laboratory.
For technical assistance with your analytical results, or questions
concerning this invoice; contact Customer Service at (954) 431 -4550.
PAYMENT DUE 05/17/98 TOTAL AMOUNT DUE $1,781.00
Customer agrees to provide written notification of any objections to this invoice within ten (10) days of invoice date.
Customer agrees that payment will constitute full acceptance of the invoice as rendered and waiver any future claims
pursuant to the provisions of Section 2-207 of the Uniform Commercial Code. In the event this account must be placed
for collection the client will be responsible for any and all collection fees,attorney fees,interest and court costs
associated with recovery of the amount due.
PRECISION ENVIRONMENTAL LABORATORY, INC.
10200 USA Today Way
Miramar, Florida 33025
(954) 431 -4550
INVOICE # 48764
June 2, 1998
Client #MIADAD000307 Submission #: 9805001288
Miami Dade Water /Sewer- Accounts Payable Miami Dade Water /Sewer(Goulds)
P.O. Box 330316 8950 S.W. 232nd Street
Miami, FL 33233 -0316 Goulds,FL 33190
Attn: Accounts Payable Attn:Karen Wiggins
DESCRIPTION
Project Location: South District WWTP
Project # /ID: Black Creek
2uotation #:134 - Special MDWS Quote: Rev 10/27
Purchase Order #:S -4268
List/
Adj
Item Name
Otty
Quote d Ad-i
Price
Price
300.0 Nitrogen, (Nitrate /Nitrite) COMBINED !
7
12.50
12.50
87.50
300.0 Phosphorus, Ortho-
7
412.50
12.50
87.50
365.4 Phosphorus, Total
7
12.50
12.50
87.50
P.O. #: 9710025B
0
0.00
0.00
0.00
SNAPS
Approved by DMS • State purchasing
/�zvlcs7./
Thank you for selecting Precision Environmental Laboratory.
For technical assistance with your analytical results, or questions
concerning this invoice; contact Customer Service at (954) 431 -4550.
PAYMENT DUE 07/02/98 TOTAL AMOUNT DUE $262.50
Customer agrees to provide written notification of any objections to this invoice within ten (10) days of invoice date.
Customer agrees that payment will constitute full acceptance of the invoice as rendered and waiver any future claims
pursuant to the provisions of Section 2 -207 of the Uniform Commercial Code. In the event this account must be placed
for collection the client will be responsible for any and all collection fees,attorney fees,interest and court costs
associated with recovery of the amount due.
PRICING SCHED ULE
LABORATORY SERVICES
VERSION 5.2
(Reflects New 62 -770 Rule)
EFFECTIVE 09/22/97
Phone: (954)
431 -4550
Fax: (954) 431 -1959
NATIONAL TOLL -FREE
1- 800 - LAB -8550
NUMBER:
L) N
► What is a Confirmation Number?
A Confirmation Number is a code assigned to a pre - approved RUSH analysis to reserve spaces on the
instrumentation for that specific project.
► Why does Precision Environmental Use Confirmation Numbers?
We carefully track instrumentation production and know how many samples can be processed per 24-
hour day. When a RUSH is requested, we compare the tests and number of samples being received
to the run load at that time. If we feel comfortable that we can meet the requirements, we assign a
confirmation number and your space is reserved on that autosampler rack. In this way, we don't
promise what we can't deliver.
► Does the Confirmation Number Mean My Analysis Will Never Be Late ?,
We take pride in the fact that thus far in 1997, over 98.8% of all .pre- approved RUSHs met their
deadlines. However there are problems occassionally encountered which may delay us by a day.
These could include... major long -term poweroutage, catastrophic instrumentation breakdown, extreme
contamination requiring special preparation techniques and /or dilution, re- analysis required by Quality
Control due to their desire for extra confirmation.
► How Can Precision Environmental Handle So Many RUSH Analysis?
Our facility operates continuously around the clock, 7 days a week. We also have an extensive and
ever- growing inventory of instrumentation. For example, we have five (5) GC /MS instruments dedicated
to organics analysis. This does not include standard Gas Chromatographs used in the same area.
► Can We Deliver Samr)le Kits To The Lab On Weekends and Late At Night?
Yes, our Sample Custody Department is open all day Saturday and until 11:00 PM on weekdays.
Sunday deliveries can be accepted by ringing the service buzzers at either entrance. For security
purposes, we request you inform us ahead of time of late night and Sunday deliveries whenever
possible.
► It Seems A Number Of Labs Are Advertising Similiar Services These Days, Is That True?
It is said that imitation is the sincerest form of flattery. Precision Environmental has been flattered over
recent years. Since opening, we have offered a number of value -added services never before available
to the lab user. These have included... FREE 24 hour access to lab results via LABTRAX ... FREE sample
bailer rental with a $1.00 cash back when bailer is returned... FREE OSHA and 40 -Hour HazMat Training
to the employees of our regular clients... LIST PRICE for Pre - Approved RUSHs (No More of those
100% Markups! )...etc...
► What Hardware Do I Need To Connect To LABTRAX?
A 486 or higher computer with at least 16MB of RAM. A Hard Drive with at least 10MB of Free Space
R'
available, Windows; and a modem for making the phone connection to our 24 -Hour Network. r`
(We recommend at least a 28,800 Baud Modem for fastest information transfer time).
► How do I visit you on the World Wide Web?
Point your browser to http : / /members.aol.com /PrecisionL to access EPA, DEP, County Agencies,
-
Download files and Receive Lab Discounts.
2
� SNAPS WONIC ANALYSIS (GC-GC/MS) - -.
Purgeable Organics
-
601 +60218021
8010 +20/8021
8270
-
175.00
180.00
Purgeable Halocarbons
-
601/8021
8010/8021
8260 Library
8260 Library
100.00
105.00
Purgeable Aromatics
100.00
602/8021
8020/8021
Search
Search
90.00
95.00
Purgeable Organics by GC /MS
524.2
624/8260
8260
"Tentatively Identified Compounds"
175.00
250.00
275.00
E0B, DBCP
504
8011
8011
50.00
50.00
60.00
Organochlorine Pesticides
505
608
8081
additional
125.00
125.00
150.00
PCBs (ONLY)
508A
608
8082
80.00
80.00
90.00
Nitrogen, Phosphorus & Triazine
Pesticides
507
619
-
125.00
125.00
-
Organophosphorus Pesticides
-
614
8141
-
150.00
175.00
Chlorophenoxy Herbicides
515.1
615
8151
170.00
170.00
195.00
Carbamate Pesticides
531.1
-
-
200.00
-
-
Glyphosate (subcontract)
547
-
- S
125.00
-
Endathall (subcontract)
548
-
125.00
Diquat/Paraquat (subcontract)
549
-
125.0
Chlorination Disinfection Byproducts
(Subcontract)
551
125.00
-
-
Nonhalogenated Solvents
-
8015
8015
-
125.00
150.00
Florida - Petroleum Residual Organics
-
FL -PRO
FL -PRO
100.00
125.00
Mineral Spirits
-
DERM 80158
DERM 80158
-
125.00
125.00
Nitroglycerin
GC -NPD
GC -NPD
GC -NPD
90.00
90.00
90.00
Phenols
-
604*
-
150.00
175.00
Benzidines
-
*
*
-
150.00
175.00
Phthalate Esters
-
606*
*
-
150.00
175.00
Nitrosamines
-
607*
*
-
150.00
175.00
Nitroaromatics and Isophorone
-
609*
'
-
150.00
175.00
Polynuclear Aromatic Hydrocarbons
-
610'
'
-
150.00
175.00
Haloethers
-
611*
'
150.00
175.00
Chlorinated Hydrocarbons
-
612*
*
-
150.00
175.00
S V I til Extractable Cam ounds
PRECISION ENVIRONMENTAL USES NEWER EPA 8021 CAPILLARY COLUMN METHODOLOGY TO ENCOMPASS 601,602.801 '. 0,
AND 8020 METHODS. LIKEWISE, EPA 8260 REPLACES 624/8240. EPA 8270 REPLACES 62518250.
* DENOTES PRECISION ENVIRONMENTAL ROUTINELYANALYZES FORTHESE COMPOUNDS USING EPA625 18270GC /MS METHODOLOGY
WHICH "PROVIDES FOR THE QUALITATIVE AND QUANTITATIVE CONFIRMATION OF RESULTS ":40 CFR 136.
DRINKING WATER CATEGORY IS LIMITED TO EPA SAFE DRINKING WATER & FAC 62 -550 REQUIREMENTS NON - POTABLE WATER
CATEGORY INCLUDES: GROUNDWATERS, SURFACEWATERS, SEAWATERS. AND EFFLUENTS
** "OTHER" CATEGORY INCLUDES: SOILS, SLUDGES, SEDIMENTS, ALL HAZARDOUS WASTES AND OILS.
NORMAL DETECTION LEVEL FOR VOLATILES IN SOIL {excluding CleanFill} IS 0.10 mg /Kg. SPECIFY WHEN LOWER LEVEL IS REQUIRED.
CLEANFILL LEVEL VOLATILES HAVE A DETECTION LEVEL OF 1.0 ug /kg PER INDIVIDUAL COMPOUND.
4
ems- o e e p
525
625/8270
8270
350.00
350.00
375.00
"Tentatively Identified" Compounds"
524.2 Library
8260 Library
8260 Library
100.00
100.00
100.00
(Volatile)
Search
Search
Search
additional
additional
additional
"Tentatively Identified Compounds"
525 Library
8270 Library
8270 Library
100.00
100.00
100.00
(Semi - Volatile)
Search
Search
Search
additional
additional
additional
PRECISION ENVIRONMENTAL USES NEWER EPA 8021 CAPILLARY COLUMN METHODOLOGY TO ENCOMPASS 601,602.801 '. 0,
AND 8020 METHODS. LIKEWISE, EPA 8260 REPLACES 624/8240. EPA 8270 REPLACES 62518250.
* DENOTES PRECISION ENVIRONMENTAL ROUTINELYANALYZES FORTHESE COMPOUNDS USING EPA625 18270GC /MS METHODOLOGY
WHICH "PROVIDES FOR THE QUALITATIVE AND QUANTITATIVE CONFIRMATION OF RESULTS ":40 CFR 136.
DRINKING WATER CATEGORY IS LIMITED TO EPA SAFE DRINKING WATER & FAC 62 -550 REQUIREMENTS NON - POTABLE WATER
CATEGORY INCLUDES: GROUNDWATERS, SURFACEWATERS, SEAWATERS. AND EFFLUENTS
** "OTHER" CATEGORY INCLUDES: SOILS, SLUDGES, SEDIMENTS, ALL HAZARDOUS WASTES AND OILS.
NORMAL DETECTION LEVEL FOR VOLATILES IN SOIL {excluding CleanFill} IS 0.10 mg /Kg. SPECIFY WHEN LOWER LEVEL IS REQUIRED.
CLEANFILL LEVEL VOLATILES HAVE A DETECTION LEVEL OF 1.0 ug /kg PER INDIVIDUAL COMPOUND.
4
A �M� PRINKING WATER, WELLWATER, SEAWATER, SURFACEWATER, EFFLUENTS,
: SOILS, SEDIMENTS, SLUDGES, ALL HAZARDOUS WASTES AND OILS.
Approved by DMS 9 State Purchasing
--'A" /40t�� --, 6
I
-:
TESTME =SHOE] ..
'. .:C;T OF ANfALYSE
INORGAlIIC CONSTITUENT
WTEf
:...OT[ 4ER **
INI�TEt .�.'_
O 1•t- -EER'�#
Nitrite
3001353.2
9210
25.00
40.00. ."
Nitrogen (Ammonia)
350.1
-
25.00
Nitrogen (Keldahl)
351.1
-
35.00
-
Nitrogen (Total)
Combined
-
55.00
-
Odor
140.1
140.1
10.00
15.00
Oil and Grease
See 1664
9071
-
55.00
Oil and Grease, HEM
1664
-
40.00
-
Oxygen, Dissolved
360.1
15.00
-
Paint Filter Liquids Test
-
9095
-
15.00
Percent Solids
see Residue
S160.3
-
20.00
Percent Liquids
-
S160.3
' -
20.00
Percent Water
-
Karl Fischer
-
50.00
PH
150.1
9045
10.00
10.00
Phenols
420.2
9065
30.00
50.00
Phosphorus, O-
300/365.1
-
25.00
-
Phosphorus, Total
365.1
-
'25.00
-
Radium 226 {sub}
903
100.00
-
Radium 228 {sub}
904
100.00
-
Reactivity
40 CFR 261.23
40 CFR 261.23
60.00
75.00
Residue, Total Filterable (rDS)
160.1
15.00
-
Residue, Non - Filterable (rSS)
160.2
15.00
Residue, Total
160.3
15.00
-
Residue, Volatile
160.4
15.00
-
Salinity
SM 2106
-
- --
10.00
-
Silica
370.1
-
25.00
-
Tannin
110.3
-
10.00
-
Specific Gravity (Density)
SM 213E
SM 213E
10.00
20.00
Sulfate
300/375.4
9038
20.00
25.00
Sulfide
376.1
9030
30.00
40.00
,.SOUR.,
APH2710B
APH2710B
30.00
30.00
Temperature
170.1
5.00
Turbidity
180.1
15.00
-
Viscosity
ASTM D88
ASTM 088
30.00
35.00
A �M� PRINKING WATER, WELLWATER, SEAWATER, SURFACEWATER, EFFLUENTS,
: SOILS, SEDIMENTS, SLUDGES, ALL HAZARDOUS WASTES AND OILS.
Approved by DMS 9 State Purchasing
--'A" /40t�� --, 6
I
FREQUENTLY NEEDED PACKAGES
FAC 62 -709:
% Moisture, Total Organic Nitrogen, Total Inorganic
WATER:200 series
995.00
COMPOST Made From
Nitrogen, Total Phosphorus, Total Potassium, Organic
160.3, 351, 353, 365, 7610,
Solid Waste
Matter, Reduction in Organic Matter, PH.
160.4, Calculation, 9045
150.00
* *Reported as Dry Weight **
SOIL•6010 or 7000 series,
FAC 62 -709:
% Moisture, Total Organic Nitrogen, Total Inorganic
9010,9065,8260,8270.8080
1145.00
COMPOST Made From
Nitrogen, Total Phosphorus, Total Potassium,
160.3, 351, 353, 365, 7610,
Solid Waste Other Than
Organic Foreign Matter, Reduction in Organic Matter, pH,
160.4, Calculation, 9045,
180.00
Yard Trash And Manure
Cadmium, Copper, Lead, Nickel, Zinc,
7130, 7210, 7420, 7520,
Statute 503
Fecal Coliform. * *Reported as Dry Weight **
7950, SM 908
280.00
FAC 62 -775: Soil
Arsenic, Barium, Cadmium, Chromium, Lead, Mercury,
6010 or 7000 series
Thermal Treatment
Selenium, Silver, Volatile Organic Aromatics and
8021 -1_1. 8270, PRO, 160.3,
280.00
"Clean -Fill" Criteria
Hafocarbons (LOW LEVEL PURGE METHOD), Polynuclear
5050/9253
460.00
Pre -Burn Parameters
Aromatic, PRO, % Solids, Total Organic Halides
8021, FL -PRO, 5050/9253,
595.00
FAC 62 -770:*
WATER: Lead, PRO, EDB, Volatile Aromatics
WATER:239,2, PRO, 504.1,
490.00
Gas & Kerosene
and Halocarbons, MTBE.
8021, 8270
400.00
Group
Polynuclear Aromatic Hydrocarbons ,
7471, FL -PRO, 8021
TABLE I
SOIL PRO, Volatile Aromatics, Polynuclear Aromatic
SOIL: 8021, 8270, PRO
395.00
DERM
S
Hydrocarbons
1311/7061, 7080, 7130,
FAC 62 -770:*
8 RCRA Metals, Priority Pollutant Volatiies. Priority
WATER: 200 series
825.00
Used Oil
Pollutant Semi- Voiatites,
8260, 8270, PRO
Group
PRO, {Non - Priority Pollutant Organics > 10.00 ppb(est.)
SOIL 6010 or 7000 series,
940.00
TABLE 11
and Similarity Index >0.751
8260, 8270, PRO
1195.00
TCLP RCRA 8 Metals
w/TCLP
FAC 62 -770*
WATER: VOA, VOH, PAH, EDB, Arsenic, Cadmium,
WATER: 8021, 8270, 8011,
590.00
Petroleum 376.301
Chromium, Lead, PRO, CL -, SO4, TDS
200 series, PRO, 380, 160.1
Group
SOIL VOA, VOH, PAH, PRO, Arsenic, Cadmium,
SOIL 8021, 8270, 7000 or
560.00
TARI P in
Chromium. Lead
6010 series, PRO
CFR 122, App. D
Antimony, Arsenic, Beryllium, Cadmium, Chromium,
WATER:200 series
995.00
Priority Pollutants
Copper, Lead, Mercury, Nickel, Selenium, Silver, Thallium,
methods,335.3,420.2,
Zinc, Cyanide, Phenols, Volatile Organics, Semi - Volatile
8260,8270,8080
Organics, Organochlorine
SOIL•6010 or 7000 series,
Pesticides & PCBs
9010,9065,8260,8270.8080
1145.00
CFR 266.40 Waste Oil,
Arsenic, Cadmium, Chromium, Lead, Mercury, Flashpoint,
7000 series, 1010,
Energy Recovery Profile
Halogens, pH
5050/9253,9045
180.00
(with Florida extras)
Statute 503
Percent Solids, Nitrogen, Phosphorus, Arsenic, Cadmium,
160.3, 6010 or 7000 series,
Sludge Analysis
Chromium, Copper, Lead, Mercury, Molybdenum, Nickel,
9045
Potassium, Selenium, Zinc, pH
expressed as dry weight
280.00
RINKER
8 RCRA Metals, Volatile Aromatics and Halocarbons,
6010 or 7000 Series, 7471,
460.00
Pre -Burn Parameters
FL -PRO, Total Organic Halogens
8021, FL -PRO, 5050/9253,
For "Non - Virgin" Add PCB
8080
550.00
TPS /Magnum
8 RCRA Metals, FL -PRO, Volatile Aromatics &
6010 or 7000 Series,
400.00
Pre -Burn Parameters
Halocarbons
7471, FL -PRO, 8021
For "Non Virgin" Add PCBs & TOX Sulfur
8080, 5050/9253, 9038
550,00
DERM
TCLP (Arsenic, Barium, Cadmium, Chromium, Lead,
1311/7061, 7080, 7130,
Clean Backfill Criteria
Mercury, Selenium, Silver, Nickel, Copper. Volatile
7190, 7420, 7471, 7741,
Aromatics and Halocarbons (LOW LEVEL METHOD),
7760, 7520, 7210, 8021 -LL,
Polynuclear Aromatics, PRO, Oil & Grease
8270, PRO, 9071
730.00
Reflects - u e, evasion 09 122(97. Please specify when ultra -tow ziu acewater u o umrts are neeoeo.
Designate Profile Name On Chain Of Custody For Best Prici
NAps-
8 �Aroved bypMS 0 State Purchasing
r:
DRINKING WATER 62 -550 PRICING a ;
(REFLECTS DEP JANUARY 1995 REGULATORY CHANGES)
62- 550.310 PRIMARY STANDARDS
62-550.310 (3)
Turbidity
PWS026
15.00
62550.310 (1)
Inorganics *
PWS030
260.00
62550.310 (1)(a)
Asbestos by TEM. (Subclass of Inorganics)
PWS030a
280.00
62550.310 (2)(a)
Organics- Total Trihalomethanes
PWS027
100.00
62550.310 (2)(b)
Organics- Volatile Organics
, PWS028
175.00
62550.310 (2)(c)
Organics- Pesticides, PCBs & EDB **
I PWS029
1395.00
62- 550.310 (5)
Radiologicals
y; PWS033
290.00
62550.310 (4)
Microbiological
PWS032
30.00
Complete Primary Package
All above w /waivers' **
All Above
1,815.00
62- 550.320 SECONDARY STANDARDS
11 62550.320 1 Secondary Standards ( PWS031 1 250.00 11
62- 550.400 UNREGULATED CONTAMINANTS
62550.405
Group I Unregulated Organics
PWS035
620.00
62550.410
Group II Unregulated Purgeables
PWS034
175.00
62550.415
Group III Unregulated Contaminants
PWS036/37
350.00
COMPLETE 62 -550 PACKAGE PRICE
COMPLETE
62550 PACKAGE
(all of the above items with
applicable F.A.C. waivers)
Primary, Secondary, and Unregulated
Compounds
PWS026 Thru
PWS037
2,500.00
* A statewide waiver by rule to the requirement to monitor for asbestos has been added to Rule 62560.546(1), F.A.C.
Only those systems with known asbestos containing pipes or components are required to monitor for this substance.
** A statewide waiver by rule to the requirement to monitor DIOXIN has been added to Rule 62560.546(2), F.A.C. Only
public water systems using surface water, or systems whose source is declared "under direct influence of surface
water." or ground water wells located within 1.6 km (1.0 mile) of a potential dioxin source are required to monitor for
this contaminant.
If required for your facility, Dioxin by EPA Method 1613............ $350.00 {sub}
If required for your facility, Asbestos by TEM ....... ........................$280.00 {sub}
Specify DEP -Style Report Format Requirement on Submitted Chain of Custody
10
`0 SNAPS am
Approvad byaMS• State Purchasing
LYJ
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 10/2/98
Pao, AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 10/6/98
City Manager Commission on the Status
of Women
The attached resolution sponsored by Commissioner Mary Scott Russell
authorizes the City Manager to disburse a sum not to exceed $650.00 from the
1997/98 Fiscal Year's budget from Account Number 01- 110 - 511 -9910 entitled
Special Events. Disbursement shall be as follows: $250.00 for Fairness for All
Floridians - Amendment No. 9; $300.00 for Teen Pregnancy Prevention Center,
Inc., and 3) $100.00 for the South Miami Community Development Corp.
The object of this organization is to see for every woman privilege equal to her
potential and responsibility; to inspire in women for self - improvement and pride
of being, regardless of race, color, creed or age; to encourage progress; to
preservation of our nation culture and security; to work toward utilization of
capable women in roles of leadership; and to work toward legislation granting
women equality before the law. To accomplish some of these goals $5,000.00
was allocated to the Commission on the Status of Women for Fiscal Year
1997/98.
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48
49
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52
53
54
55
56
57
58
59
60
61
62
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMMISSION ON THE STATUS OF WOMEN; PROVIDING FOR
DISBURSEMENT OF $250.00 FOR FAIRNESS FOR ALL FLORIDIANS
AMENDMENT NO. 9; $300.00 FOR TEEN PREGNANCY
PREVENTION CENTER, INC., AND $100.00 FOR THE SOUTH
MIAMI COMMUNITY DEVELOPMENT CORP FROM FISCAL YEAR
1997/98 ACCOUNT NUMBER 01 -1100- 511 -9910- ENTITLED
SPECIAL EVENTS
WHEREAS, The City of South Miami Commission on the Status of
Women was established by Ordinance No. 7 -97 -1628; and
WHEREAS, the object of this organization is to seek for
every woman privilege equal to her potential and responsibility;
to inspire in women for self- improvement and pride of being,
regardless of race, color, creed or age; to encourage progress;
to encourage women to recognize family environment as fundamental
to preservation of our nation culture and security; to work
toward utilization of capable women in roles of leadership; and
to work toward legislation granting women equality before the
law; and
WHEREAS, to accomplish some of the goals referenced in the
above paragraph $5,000.00 was allocated to the Commission on the
Status of Women for Fiscal Year 1997/98; and
WHEREAS, the Mayor and City Commission wholeheartedly
supports the Commission on the Status of Women for their
commitment by authorizing the following expenditures: $250.00 for
Fairness for All Floridians I Amendment No. 9; $300.00 for Teen
Pregnancy Prevention Center, Inc.; and 100.00 for South Miami
Community Development Corp.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
disburse the sums of: $250.00 to Fairness for All Floridians
Amendment No. 9; $300.00 to Teen Pregnancy Prevention Center,
Inc., and $100.00 to the South Miami Development Corp for a total
amount not to exceed $650.00 from FY 1997/98 budget Account No.
01- 1100 -511 -9910 entitled Special Events.
Section 2. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 6th day of October , 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:
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 10/2/98
AGENDA ITEM #
FROM: Charles D. Scurr . Comm. Mtg. 10/6/98
City Manager Commission on the Status
of Women
The attached resolution sponsored by Mayor Julio Robaina appoints Jena K.
Jenkins to the Commission on the Status of Women to fill an un- expired term
ending June 2, 2000.
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28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMMISSION ON THE STATUS OF WOMEN; APPOINTING JENA K.
JENKINS TO FILL AN UN- EXPIRED TERM ENDING JUNE 2, 2000
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 Jena K.
Jenkins to serve an un- expired term on the Commission on the
Status of Women. This appointment shall expire June 2, 2000 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 Jena K.
Jenkins to the Commission on the Status of Women.
Section 2. The expiration date of this appointment shall
expire June 2, 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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
, 1998.
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 10/2/98
AGENDA ITEM
AS70
FROM: Charles D. Scurr a1#7 Comm. Mtg. 10/6/98
City Manager Historic Preservation
Board
The attached resolution sponsored by Mayor Julio Robaina re-appoints Joan
Yarborough to the Historic Preservation Board for a two year term ending
October 6, 2000.
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48
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HISTORIC
PRESERVATION BOARD; RE- APPOINTING JOAN YARBOROUGH TO
SERVE FOR A TWO YEAR TERM ENDING OCTOBER 61 2000 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 re- appoint Joan
Yarborough to serve on the Historic Preservation Board. This
appointment shall expire October 6, 2000 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 re- appoints Joan
Yarborough to the Historic Preservation Board.
Section 2. The expiration date of this appointment shall
expire October 6, 2000 or until a successor is 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:
MAYOR
, 1998.
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 10/2/98
AGENDA ITEM # 14
FROM: Charles D. Scurr Comm. Mtg. 10/6/98
City Manager Grants Advisory Board
The attached resolution sponsored by Mayor Julio Robaina appoints Omar
Rodriguez to the Grants Advisory Board for a two year term ending October 6,
2000.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GRANTS
ADVISORY BOARD; APPOINTING OMAR RODRIGUEZ TO SERVE FOR
A TWO YEAR TERM ENDING OCTOBER 6, 2000 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 Omar
Rodriguez to serve on the Grants Advisory Board. This
appointment shall expire October 6, 2000 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 Omar
Rodriguez to the Grants Advisory Board.
Section 2. The expiration date of this appointment shall
expire October 6, 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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
, 1998.
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 1012/98
AGENDA ITEM #
FROM: Charles D. Scurr COO Comm. Mtg. 1016/98
City Manager Of Charter Review
Commission
The attached resolution sponsored by Mayor Julio Robaina appoints Edward W.
English to the Charter Review Commission for a two year term ending October
6, 2000.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CHARTER
REVIEW COMMISSION; APPOINTING EDWARD W. ENGLISH TO
SERVE FOR A TWO YEAR TERM ENDING OCTOBER 6, 2000 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 Edward W.
English to serve on the Charter Review Commission. This
appointment shall expire October 6, 2000 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 Edward W.
English to the Charter Review Commission.
Section 2. The expiration date of this appointment shall
expire October 6, 2000 or until a successor is 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:
MAYOR
0 a] R1 � :
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: October 6, 1998
RE: Agenda Item # ff
Approval of expenditure for
Public Works' burglar alarm
monitoring services during for the
98/99 Fiscal Year
The attached resolution seeks approval of a $1,200.00 expenditure for burglar alarm
monitoring services for two separate buildings at the Public Works yard. An alarm
system was installed at the Public Works administration building after a burglary of the
administrative offices in mid - August. The alarm system includes state -of -the -art motion
detectors connected via phone and radio frequency backup to a central station. Also, as a
precautionary measure, an alarm was installed for the building maintenance shop located
at the rear of the Public Works complex.
The price for the burglar alarms purchase and installation included the monitoring service
cost for the balance of the 1997 -98 Fiscal Year. However, the $100 per month fee ($50
per building) for alarm monitoring services for the Fiscal Year 1998 -99 was not part of
that first expenditure request. The amount requested in this resolution will cover the
monitoring service for the full 1998 -99 Fiscal Year, at a total cost of $1,200.00.
Funding for this disbursement will come from Account No. 1710 -519 -3450, "Building
Maintenance Division — Contractual Security ". This account has a current balance of
$3,325. 00 for the fiscal year.
Approval of this expenditure is recommended.
Attachments
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF
$15200.00 TO ALERT ALARMS, INC. FOR
BURGLARY ALARM MONITORING
SERVICES DURING THE FISCAL YEAR FOR
THE PUBLIC WORKS DEPARTMENT AND
CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 1710 -519 -3450, "BUILDING
MAINTENANCE DIVISION - CONTRACTUAL
SECURITY ".
WHEREAS, the City of South Miami Public Works Department
houses tools, supplies, and office equipment in various buildings within its
complex, and;
WHEREAS, a number of burglaries over the past two years strongly
indicate that this complex is targeted by thieves, and;
WHEREAS, an alarm system entailing motion detectors has been
recently installed as a preventive measure against these burglaries, and;
WHEREAS, monitoring services is required from the vendor who
installed the alarm system.
NOW THEREFORE, BE IT RESOLVED by the MAYOR AND
CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and is hereby authorized to disburse
the total sum of $1,200.00 to Alert Alarm Monitoring Services.
Section 2. That this resolution shall be effective immediately after
adoption thereof.
PASSED AND ADOPTED this 6th day of October, 1998.
APPROVED:
MAYOR
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
To: Mayor and Commission Date:
From: Charles Scum a04 Subject:
City Manager J44
October 1, 1998
Agenda Item # J
Comm. Mtg. 10/6/98
CRA Advisory Board
This is the second reading and public hearing for an ordinance relating to establishment of a Community
Redevelopment Agency Advisory Board.
m���'
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and Commission Date: September 8, 1998
Agenda Item # 13
From: Charles Scurr Subject: Comm. Mtg. 9/15/98
City Manager a--tz f'cmn CRA Advisory Board
The attached ordinance is presented for discussion on First Reading. This ordinance
establishes a Community Redevelopment Agency Advisory Board. The Board is to
consist of five members. Two of the five members must reside within the CRA area.
Further, the Advisory Board shall consist of two residents (one within the CRA area and
one outside the CRA area); two business owners; and one member with
banking /finance experience.
The duties of the CRA Advisory Board shall include holding community meetings and
workshops to seek public input regarding CRA programs, plans and goals. The
Advisory Board is created to represent the community and serve in an advisory
capacity to the CRA Board and the Commission. The board must meet at least every
three months, and shall provide regular reports to the CRA Board.
I recommend approval.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CREATING A COMMUNITY
REDEVELOPMENT AGENCY ADVISORY BOARD, ESTABLISHING
SECTION 2 -26.2 OF THE CODE OF ORDINANCES; ESTABLISHING
MEMBERSHIP; ESTABLISHING DUTIES AND RESPONSIBILITIES;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City of South Miami and Miami -Dade County have approved the
South Miami Community Redevelopment Agency in accordance with Chapter 163 F.S.;
and
WHEREAS, The Mayor and the City Commission wish to create a five- member
advisory board to represent the community and to advise the Community
Redevelopment Agency Board and the Mayor and City Commission regarding proposed
plans, programs, projects, and budgets, relating to the South Miami Community
Redevelopment Agency;
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 2 -26.2 of the City Code of Ordinances is hereby established
to read.
(a) Created, composition There is hereby created a community redevelopment
agency advisory board for the city. The Board shall consist of five
members. At least two of the five members shall be residents of the
Community Redevelopment Agency Area, and shall have lived within this
area for a minimum of one year prior to appointment; there shall be:
2 resident representatives (one who resides within the CRA area
and one outside the CRA area)
2 business owners
1 member shall have banking or finance experience
(b) Members of the board shall serve two -year terms, except for the first two
appointed who will serve an initial term of three years. Appointees shall
thereafter serve two -year terms of appointment or until a successor is
appointed, whichever comes first.
(c) Chairman and vice - chairman. The members shall meet promptly and
select a chairman and vice - chairman by a majority vote of the board.
(d) Quorum. A quorum for meeting of the board shall be three -fifths of the
members of the board, and all actions shall require a majority vote of those
members in attendance.
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(e) Duties. The duties of the board shall be as follows:
(1) Meet at least once every three months, with meetings held at
rotating sites within the CRA area or at city hall. The meeting
agenda shall always include comments from the public. The
Chairman of the Advisory Board shall provide a report on meetings
and public input at least every 90 days to the CRA Board.
(2) Conduct periodic community meetings and workshops to solicit
input regarding redevelopment and other programs. There shall be
at least one such meeting per year.
(3) Study and review proposed programs, projects and budgets and
work in an advisory capacity with the South Miami Community
Redevelopment Agency ( SMCRA) Board and the City Commission
in interpreting the needs of the community and the best way in
which the SMCRA can meet those needs within the provisions of
Chapter 163 part III F.S., and the SMCRA Plan.
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 , 1998.
ATTEST:
CITY CLERK
1 st Reading —
2 "d Reading -
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
LYJ
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
From: Charles D. Scurr
City Manager df 4�oe
REQUEST:
Date: October 6, 1998
Agenda Item # 0
Re: Comm. Mtg. 10/06/98 *101716
Second Reading:
Telecommunications Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACILITIES; AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY DELETING SECTION 20- 5.23(B), ENTITLED
"MICROWAVE ANTENNAS," AND CREATING ARTICLE X,
ENTITLED "SITING REGULATIONS FOR
TELECOMMUNICATION TOWERS AND ANTENNAS;"
PROVIDING FOR INTENT, DEFINITIONS, APPLICABILITY,
GENERAL REQUIREMENT AND MINIMUM STANDARDS,
PERMITTED USES, PROCEDURE FOR SPECIAL USE,
EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In 1996, the Congress of the United States adopted the Telecommunications Act, providing for
federal regulation of wireless telecommunications, a technology of wireless voice, video and data
communications systems which requires land -based facilities that impact planning and zoning
concerns in the City of South Miami and throughout the United States.
Pursuant to the Federal Telecommunications Act, the City "shall not prohibit or have the effect
of prohibiting the provision of personal wireless services" or "shall not unreasonably
City Manager's Report: Telecommunication Tower Ordinance
discriminate among providers of functionally equivalent services," but it does retain the ability to
regulate the placement, construction and modification of cellular telephone facilities and other
"personal wireless telecommunications" service facilities.
Currently, the Land Development Code contains antiquated regulations regarding antennas and
wireless communication facilities; therefore, on January 20, 1998, the Mayor & City
Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on
the acceptance and review of applications relating to telecommunication towers in order to
prepare and adopt minimum standards for the location and approval of telecommunication
towers. On June 9, 1998, the Mayor & City Commission adopted a 90 -day extension of the
moratorium, extending the moratorium through October 17, 1998, in order to provide time for
public involvement and the development of the best possible standards.
On June 23, 1998, the Mayor & City Commission and the Planning Board held a joint workshop,
which included staff, telecommunication industry representatives, and citizens, in order to
discuss such standards.
On September 28, 1998, the City Commission and Planning Board held an additional workshop
to discuss the proposed regulations found in the attached ordinance. Although the Planning
Board and staff have worked diligently to create the ordinance, the City would benefit from
further exploration of the complex issues surrounding this item. Additionally, the Mayor & City
Commission requested that the telecommunication industry provide the City with propagation
maps, pictures of existing facilities, and other supplementary information. These materials have
not yet been received and are integral to drafting the best possible regulations. Therefore, an
ordinance has been put on the agenda for first reading, which would extend the existing
telecommunication moratorium an additional 45 days. This time period will allow the
telecommunication industry to submit the requested information, enabling the further refinement
of the attached ordinance.
RECOMMENDATION: Table the Ordinance until November 3,1998.
Attachment:
Proposed Ordinance
City Manager's Report: Telecommunication Tower Ordinance
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 TELECOMMUNICATION FACITIES; AMENDING CHAPTER 20
6 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
7 BY DELETING SECTION 20- 5.23(B), ENTITLED "MICROWAVE
s ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING
9 REGULATIONS FOR TELECOMMUNICATION TOWERS AND
10 ANTENNAS;" PROVIDING FOR INTENT, DEFINITIONS,
11 APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM
12 STANDARDS, PERMITTED USES, PROCEDURE FOR SPECIAL
13 USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
14 REMOVAL OF ABANDONED TELECOMMUNICATION
15 FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
16 SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
17 CODE AND EFFECTIVE DATE.
18
19
20 WHEREAS, the Congress of the United States adopted the Telecommunications
21 Act of 1996, providing for federal regulation of wireless telecommunications, a
22 technology of wireless voice, video and data communications systems, which requires
23 land -based facilities that impact planning and zoning concerns in the City and throughout
24 the United States; and,
25
26 WHEREAS, the Mayor & City Commission find that it is in the public interest to
27 permit the siting of wireless communication towers and antennas within the municipal
28 boundaries; and,
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30 WHEREAS, the City has received, and expects to receive additional, requests
31 from telecommunication service providers to site wireless telecommunication towers and
32 antennas within the municipal boundaries and the City is authorized by federal, state and
33 local law to regulate the siting of such towers and antennas; and,
34
35 WHEREAS, it is the intent of the Mayor and City Commission to provide
36 reasonable accommodation, and to promote and encourage fair and reasonable
37 competition, among telecommunication service providers, or providers of functionally
38 equivalent services, on a neutral and non - discriminatory basis; and,
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40 WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
41 locations in priority order of use and, further, to provide the requirements and standards
42 to permit the siting of wireless telecommunication towers and antennas within the
43 municipal boundaries, with due consideration to the City's comprehensive plan, Land
Page 1 of 17
1 Development Code, existing patterns of development and environmentally sensitive
2 areas, including hurricane preparedness areas; and,
3
4 WHEREAS, by providing regulatory requirements and standards, it is the City's
5 intent to protect and promote the health, safety and welfare of its citizens and residents,
6 the traveling public, and other persons in a manner that will minimize both the number of
7 towers and antennas as well as the adverse visual impact and other potential damage by
s these facilities through encouraging collocation and shared use of new and pre- existing
9 telecommunication facilities, through incentives, careful design, engineering, siting,
lo landscape screening and innovative camouflaging techniques.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14
15 Section 1. Chapter 20 of the Land Development Code of the City of South Miami is
16 amended by deleting Section 20- 5.23(B), entitled "Microwave Antennas."
17
18 Section 2. Chapter 20 of the Land Development Code of the City of South Miami is
19 amended by creating Article X, entitled "Siting Regulations for Telecommunication
2o Towers and Antennas" to read as follows:
21
22 Article X. "SITING REGULATIONS FOR TELECOMMUNICATION
23 TOWERS"
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25 20 -10.1 Intent.
26 The regulations and requirements of this Article are intended to:
27
28 (A) promote the health, safety and general welfare of the citizens by
29 regulating the siting of wireless communication facilities;
30
31 (B) accommodate the growing need and demand for wireless
32 communication services;
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34 (C) provide for the appropriate location and development of wireless
35 communication facilities within the City of South Miami;
36
37 (D) minimize adverse visual effects of wireless communication facilities
38 through careful design, siting, landscape screening and innovative
39 camouflaging techniques;
40
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(E) encourage the location and collocation of antennas on existing
structures thereby minimizing new visual impacts and reducing the
need for additional antenna support structures; and
(F) minimize potential damage to property from telecommunications
towers and telecommunications facilities by requiring such
structures be soundly designed, constructed, modified and
maintained.
20 -10.2 Definitions.
Accessory equipment building — Any building, cabinet or equipment enclosure
constructed for the primary purpose of housing the electronics, backup power, power
generators and other free standing equipment associated with the operation of antennas.
Alternative site — One or more separate locations within the search ring at which a
provider could place its antenna to serve substantially all of the are intended to be served
by the site requiring a special exception. Alternative sites must be available to the
provider on commercially reasonable terms.
Antenna — A transmitting and /or receiving device mounted on a telecommunications
tower, building or structure and used for wireless communication services which radiates
or captures electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunication signals or other communication
signals, including directional antennas, such as panel and microwave dish antennas, and
omni- directional antennas such as whips, but excluding radar antennas, amateur radio
antennas, satellite earth stations, and single- family use of television antennas.
Antenna support structure — A facility that is constructed and designed primarily for the
support of antennas, which include the following types: (i) guyed tower, (ii) lattice tower,
(iii) monopole, and (iv) stealth tower.
Collocation — When more than one FCC licensed provider uses a telecommunication
tower antenna support structure to attach antennas.
Existing structures — Any lawfully constructed man-made structure including but not
limited to antenna support structures, buildings, utility structures, light poles, clock
towers, bell towers, steeples, water towers and the like, which allow for the attachment of
antennas.
FAA — The Federal Aviation Administration.
FCC — The Federal Communications Commission.
Page 3 of 17
1
2 Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy
3 wires and ground anchors.
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5 Lattice tower - A telecommunication tower that consists of vertical and horizontal
6 supports and crossed metal braces, which is usually triangular or square in a cross-
7 section.
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9 Microwave - A dish -like antenna used to link wireless communication services sites
lo together by wireless transmission of voice or data.
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12 Monopole tower - A telecommunication tower consisting of a single pole or spire self -
13 supported by a permanent foundation, and constructed without guy wires and ground
14 anchors.
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16 Panel antenna - An array of antennas designed to concentrate a radio signal in a
17 particular area.
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19 Provider — An FCC licensed communications company.
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21 Roofline —The overall ridge line of the structure which does not include cupolas, elevator
22 towers, clock towers or other features that are permitted to exceed the maximum height
23 of the building.
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25 Search ring — A geographic area in which a provider intends to locate an antenna to serve
26 the provider's coverage area.
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28 Self - support or lattice tower - A telecommunication tower that is constructed without guy
29 wires and ground anchors.
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31 Stealth facility — Any telecommunication facility which is designed to blend into the
32 surrounding environment. Examples of stealth facilities include, but are not limited to,
33 architecturally screened, roof - mounted antennas, antennas integrated into architectural
34 elements, and telecommunication towers designed to look like light poles, power poles or
35 trees.
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37 Stealth tower — A structure designed to support antenna and blend into the existing
38 surroundings.
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40 Telecommunication tower — A guyed, monopole, self - support /lattice tower, or stealth
41 tower constructed as a free- standing structure, containing one or more antennas intended
42 to be used for personal wireless services, telephone, radio or a similar communication
43 service. The term includes, but is not limited to, radio and television transmission towers,
Page 4 of 17
1 microwave towers, common carrier towers, cellular telephone towers and stealth towers.
2 The term does not include a tower that provides only open video services, radar towers,
3 amateur radio support structures licensed by the FCC, or single - family residential use of
4 satellite dishes, television antennas and satellite earth stations installed in accordance
5 with applicable codes.
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7 Whip antenna — A cylindrical antenna that transmits signals in 360 degrees.
8
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10 20 -10.3 Applicability.
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12 (A) All new towers or antennas, and modifications to existing towers and
13 antennas, in the City shall be subject to these regulations, except as provided for in
14 paragraphs 1 and 2, below:
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16 1. These regulations shall not apply to any tower, or installation of any
17 antenna, that is for the use of an open video broadcast -only facility, or is
18 owned and operated by a federally- licensed amateur radio station operator,
19 or is used exclusively for receive -only antennas.
20
21 2. Pre - existing towers and pre- existing antennas shall not be required to meet
22 the requirements of these regulations, except to comply with the
23 requirements of the non - conforming provisions of the Land Development
24 Code.
25
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27 20 -10.4 General Requirements and Minimum Standards.
28
29 (A) Applicants regulated by this Ordinance may request a pre- application
30 conference with the City. Such request shall be submitted with a non - refundable fee of
31 $500.00 to reimburse the City for the cost and fees incurred by the conference.
32
33 (B) Each applicant shall apply to the City for a permit providing the
34 information as required by this Ordinance and a, nonrefundable fee of $1,500 to reimburse
35 the City for the costs of reviewing the application.
36
37 (C) The City shall review the application and determine if the proposed use
38 complies with applicable Sections of this Ordinance and other regulations. Every new
39 telecommunication tower and antenna shall be subject to the following minimum
40 standards:
41
42 1. Lease Required. Any construction, installation or placement of a
43 telecommunications facility on any property owned, leased or
Page 5 of 17
1
otherwise controlled by the City shall require a Lease Agreement
2
executed by the City and the owner of the facility.
3
4
The City may require, as a condition of entering into a Lease
5
Agreement with a telecommunications service provider, the
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dedication of space on the facility for public health, safety and
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communication purposes, as well as property improvement on the
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leased space. Any dedications and improvements shall be negotiated
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prior to execution of the lease.
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2.
Principal or Accessory Use. Towers and antennas may be
12
considered either principal or accessory uses. A different existing
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use of an existing structure on the same lot shall not preclude the
14
installation of a tower or antenna on the same lot.
15
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3.
Lot Size. For purposes of determining whether the installation of a
17
tower or antenna complies with zoning regulations, the dimensions
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of the entire lot shall control, even though the towers or antennas are
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proposed to be located on leased parcels within such lot.
20
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4.
ERPB Review. The Environmental Review and Preservation Board
22
(ERPB) shall review and recommend approval, disapproval or
23
modification on all site plans, projects and specifications relating to
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applications for new telecommunication towers and antennas, and
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modifications to existing towers and antennas. The ERPB's review
26
shall include, but not be limited to, those design criteria specifically
27
enumerated by this ordinance and all other applicable criteria, as
28
outlined by the Land Development Code.
29
30
5.
He_ iaht. All towers shall be as low in height as technologically and
31
economically feasible, provided that no tower shall exceed 150 feet
32
in height.
33
34
6.
Setbacks. Towers must be setback a minimum distance of 110% of
35
the height of the telecommunications tower from the property line.
36
This requirement may be waived by the City Manager.
37
38
7.
Inventory of Existing Sites. Each applicant shall review the City's
39
inventory of existing telecommunications towers, antennas, and
40
approved sites. All requests for sites shall include specific
41
information about the proposed location, height and design of the
42
proposed telecommunications tower, structure, or state of the art
43
technology that does not require the use of new telecommunications
Page 6 of 17
1
towers, or new structures can accommodate, or be modified to
2
accommodate, the applicant's proposed antenna. Evidence
3
submitted to demonstrate that no existing telecommunications tower,
4
structure or state of the art technology is suitable shall consist of any
5
of the following:
6
7
a. An affidavit demonstrating that the applicant made diligent
8
efforts to seek permission to install or collocate the applicant's
9
telecommunications facilities on City -owned telecommunications
10
towers or usable antenna support structures located within a 1/2
11
mile radius of the proposed telecommunications tower site.
12
b. An affidavit demonstrating that the applicant made diligent
13
efforts to install or collocate the applicant's telecommunications
14
facilities on towers or useable antenna support structures owned
15
by other persons located within a 1/2 mile radius of the proposed
16
telecommunications tower site.
17
c. An affidavit demonstrating that existing towers or structures
18
located within the geographic search area as determined by a
19
radio frequency engineer do not have the capacity to provide
20
reasonable technical service consistent with the applicant's
21
technical system, including but not limited to, applicable FCC
22
requirements.
23
d. Existing towers or structures are not of sufficient height to meet
24
applicable FCC requirements.
25
e. Existing towers or structures do not have sufficient structural
26
strength to support applicant's proposed antenna and related
27
equipment.
28
f. The applicant's proposed antenna would cause electromagnetic
29
or radio frequency interference with the antenna on the existing
30
towers or structures, or the antenna on the existing towers or
31
structures could cause interference with the applicant's proposed
32
antenna.
33
g. The fees, cost, or contractual provisions required by the owner in
34
order to share an existing telecommunications tower or structure
35
or to adapt an existing telecommunications tower or structure for
36
sharing are unreasonable[ "unreasonable" means a cost in excess
37
of the cost to construct a new telecommunications tower].
38
h. The applicant demonstrates that there are other limiting factors
39
that render existing towers and structures unsuitable.
40
i. The applicant demonstrates that state of the art technology used
41
in the wireless telecommunications business and within the scope
42
of applicant's FCC license, is unsuitable. Costs of state of the art
43
technology that exceed new telecommunications tower or
Page 7 of 17
antenna development shall not by itself be presumed to render
the technology unsuitable.
j. Any additional information required by the City. If the City does
not accept the full evaluation as provided as accurate, or if the
City disagrees with any part of the evaluation, the City may hire
the appropriate professionals to assess the submitted evaluation
at the applicant's expense.
This information is public record. The City does not warrant or
represent that the information is accurate or that the sites are
available or suitable.
8.
Engineering eering Report. All applicants for new towers and antennas, or
for towers and antennas which are to be modified or reconstructed to
accommodate additional antennas, or for which a special use is
required, must present a certified report by a professional engineer
licensed to practice in the State of Florida, which shall include the
following:
a. A site plan which includes, without limitation, a legal description
of the parent tract and leased parcel, if applicable; on -site and
adjacent land uses and zoning classifications; and, a visual
impact analysis and photo digitalization of the
telecommunications tower and all attachments including
associated buildings and equipment containers, close -up and at
distances of 250 feet and 500 feet from all properties within that
range, or at other points agreed upon in a pre - application
conference.
b. An analysis of any additional impacts on adjacent properties.
c. If applicable, a narrative of why the proposed
telecommunications tower cannot comply with the requirements
as stated in this Section.
d. Type of telecommunications tower and specifics of design.
e. Current wind - loading capacity and projection of wind - loading
capacity using different types of antennas as contemplated by the
applicant. No telecommunications tower shall be permitted to
exceed its wind loading capacity as provided for by the South
Florida Building Code.
f. A statement of non - interference, which states that the
construction and operation of the tower, including reception and
transmission functions, will not interfere with public safety
communication, or with the visual and customary transmission or
Page 8 of 17
I
reception of radio, television, or similar services, as well as other
2
wireless services enjoyed by adjacent properties.
3
g. A statement of compliance with all applicable building codes,
4
associated regulations and safety standards as provided herein.
5
For all towers attached to existing structures, the statement shall
6
include certification that the structure can support the load
7
superimposed by the telecommunications tower. Except where
8
provided herein, all towers shall have the capacity to permit
9
multiple users; at a minimum, monopole towers shall be able to
10
accommodate 2 users and, at a minimum, self - support of lattice
11
or guyed towers shall be able to accommodate 3 users.
12
h. Any additional information deemed by the City to be necessary
13
to assess compliance with this Ordinance.
14
15
9. Collocation. Pursuant to the intent of this Ordinance, collocation of
16
telecommunication antennas by more than one provider on existing
17
telecommunication towers shall take precedence over the
18
construction of new telecommunication towers. Accordingly, in
19
addition to submitting the information required by Section 20-
2 0
10.4(A)(6), each application shall include a written report certified
21
by a professional engineer licensed to practice in the State of
22
Florida, stating:
23
24
a. the geographical service area requirements;
25
b. mechanical or electrical incompatibility;
26
c. any restrictions or limitations of the FCC that would preclude the
27
shared use of the telecommunication tower; and
28
d. any additional information required by the City.
29
3 0
To encourage a reduction in the number of towers that may be
31
required to site antennas in order to meet the City's increasing
32
demand for wireless service, new towers shall be structurally
33
designed to accommodate the collocation of antennas as follows:
34
35
a. All towers over 80 feet and up to 150 feet in height shall be
36
structurally designed to accommodate at least two Providers.
37
38
10. Collocation Incentive. Pursuant to the intent of this Ordinance, the
39
City shall provide the following incentive to service providers:
40
41
a. The review of all applications submitted by providers seeking to
42
collocate on a pre - existing telecommunications tower or to rent
43
space on a proposed new telecommunications tower, shall be
Page 9 of 17
1
completed by the City no more than 30 days following the filing
2
of a completed application as provided in this Ordinance.
3
4
10. Aesthetics. Towers and antennas shall meet the following
5
requirements:
6
7
a. All applications for the installation of new towers, antennas or
s
accessory equipment buildings, or the modification of existing
9
towers, antennas or accessory equipment buildings shall be
10
reviewed by the ERPB as provided in this Code.
11
b. Towers shall either maintain a galvanized steel finish or, if
12
allowed by FAA standards, shall be painted a neutral color to
13
reduce visual obtrusiveness.
14
c. The design of accessory buildings and related structures shall use
15
materials, colors, textures, screening, and landscaping that will
16
blend them into the natural setting and surrounding buildings to
17
minimize visual impact, as determined by the ERPB.
18
d. All telecommunications tower sites must comply with any
19
landscaping requirements of the City Land Development Code
20
and all other applicable aesthetic and safety requirements of the
21
city, and the City may require landscaping in excess of those
22
requirements in order to enhance compatibility with adjacent
23
residential and non - residential land uses.
24
e. If an antenna is installed on a structure other than a tower, the
25
antenna and supporting electrical and mechanical equipment
26
must be of a color that is neutral, identical to, or compatible with
27
the color of the supporting structure, as determined by the ERPB,
28
to make the antenna and related equipment as visually
29
unobtrusive as possible.
30
f. No signals, artificial lights or illumination shall be permitted on
31
any tower or antenna unless required by the FAA. If lighting is
32
required, the lighting alternatives and design chosen must cause
33
the least disturbance to the surrounding views. To the maximum
34
extent possible, lighting shall be oriented away from residential
3 5
districts.
36
37
11. Local, State or Federal Requirements. The construction, operation,
38
maintenance and repair of telecommunications facilities are subject
39
to the regulatory supervision of the City, and shall be performed in
40
compliance with all laws and practices affecting the subject,
41
including, but not limited to, the Land Development Code, building
42
code and safety codes. The construction, operation and repair shall
43
be performed in a manner consistent with the applicable industry
Page 10 of 17
1
standards, including the Electronic Industries Association. All
2
towers and antennas must meet or exceed current standards and
3
regulations of the FAA and the FCC, including emission standards.
4
They must meet the requirements of all federal, state and local
5
government agencies with the authority to regulate towers and
6
antennas prior to issuance of a building permit by the City. If such
7
standards and regulations are changed and require retroactive
8
application, then the owners of the towers and antennas governed by
9
this Ordinance shall bring such facilities into compliance with such
10
revised standards and regulations within six months of their effective
11
date, unless a different compliance schedule is mandated by the
12
controlling agency. Failure to bring towers and antennas into
13
compliance with such revised standards and regulations shall
14
constitute grounds for removal of the tower or antenna at the
15
owner's expense.
16
17
12. Building Codes & Safety Standards.
18
19
a. To ensure the structural integrity of telecommunications towers,
20
the owner shall construct and maintain the telecommunications
21
tower in compliance with the South Florida Building Code, and
22
all other applicable codes and standards, as amended from time
23
to time. A statement shall be submitted to the City by a
24
professional engineer certifying compliance with this subsection
25
upon completion of construction and, or, subsequent
26
modification. Where a pre- existing structure, including light and
27
power poles, is requested to be used as a stealth facility, the
28
facility, and all modifications to it, shall comply with all
29
requirements, as provided in this Ordinance. Following the
30
issuance of a building permit, the City shall require the owner to
31
provide a professional analysis of a soil boring from the base of
32
the telecommunications tower site to assure integrity of
33
foundation.
34
b. The City reserves the right to conduct periodic inspection of
35
telecommunications towers to ensure structural and electrical
36
integrity. If, upon inspection, the City concludes that a tower
37
fails to comply with any building or safety codes and industry
38
construction or maintenance standards, and constitutes a danger
39
to persons or property, then upon notice, the owner of the tower
40
shall have 30 days to bring the tower into compliance. Failure to
41
bring the tower into compliance within 30 days from receipt of
42
notice shall constitute grounds imposing a fine and for removal
43
of the tower or antenna at the owner's expense.
Page 11 of 17
1
2
13.
Si gaage. No signs, including commercial advertising, logo, political
3
signs, flyers, flags, or banners, whether or not posted temporarily,
4
shall be permitted on any part of an antenna or telecommunication
5
tower, except for warning, danger or other signs designed to
6
maintain public safety.
7
8
14.
Security. Telecommunications facilities shall be enclosed by
9
security fencing and shall also be equipped with an appropriate anti -
10
climbing device provided, however, that the City may waive such
11
requirements.
12
13
15.
Measurement. For purposes of measurement, telecommunication
14
tower setbacks and separation distances shall be calculated and
15
applied to facilities located in the City irrespective of municipal and
16
county jurisdictional boundaries.
17
18
16.
Not Essential Services. Towers and antennas shall be regulated and
19
permitted pursuant to this Ordinance and shall not be regulated or
20
permitted as essential services, public utilities or private utilities.
21
22
17.
Franchises and Licenses. Owners and, or, operators of towers or
23
antennas, shall certify that all franchises required by law for the
24
construction or operation of a wireless telecommunication system in
25
the City have been obtained and shall file a copy of all such
26
franchises with the City.
27
28
18.
Inspections, Reports, Fees.
29
30
a. Telecommunication tower owners shall submit a report to the
31
City certifying structural and electrical integrity every two years.
32
The report shall be accompanied by a non - refundable fee of
33
$200.00 to reimburse the City for the cost of review.
34
b. The City may conduct periodic inspection of telecommunications
35
towers, at the owner's expense, to ensure structural and electrical
36
integrity and compliance with the provisions of this Ordinance.
37
The owner of the telecommunications tower may be required by
38
the City to have more frequent inspections should there be an
39
emergency, extraordinary conditions or other reason to believe
40
that the structural and electrical integrity of the
41
telecommunication tower is jeopardized. There shall be a
42
maximum of one inspection per year unless emergency or
43
extraordinary conditions warrant additional inspections.
Page 12 of 17
1
2 19. Bonding. The owner of a telecommunications tower shall prior to
3 commencing construction post a bond equal to an amount no less
4 than $25,000, which bond shall be posted to insure the obligation
5 identified in Section 20 -10.9.
6
7
8 20 -10.5 Permitted Uses
9 The permitted uses shall be divided into those uses which can be approved
lo administratively and those which must be approved pursuant to the special use process.
11
12 (A) The following uses may be approved by the City Manager [or the
13 Manager's designee] after ERPB approval:
14
15 1. Stealth Facilities.
16
17 a. Stealth rooftop or building mounted antennas, not exceeding 25
18 feet above the roofline and 10 feet above the maximum height of
19 the applicable zoning district, shall be permitted as an accessory
20 use in the following zoning districts:
21
22 RM -24 Medium Density Multi - Family
23 MO Medium - Intensity Office
24 SR Specialty Retail
25 TODD Transit - Oriented Development District
26 PI Public /Institutional
27 PR Parks and Recreation
28
29 b. Stealth towers not exceeding 150 feet in height shall be permitted
30 as a principal or accessory use in the following zoning districts:
31
32 RM -24 Medium Density Multi - Family
33 MO Medium - Intensity Office
34 SR Specialty Retail
35 TODD Transit - Oriented Development District
36 PI Public /Institutional
37 PR Parks and Recreation
38
39 c. Upon receipt of the appropriate application, the City Manager, at
40 his or her sole discretion, will determine the application's
41 consistency with the definition of a stealth facility.
42
43 2. Non - Stealth Facilities.
Page 13 of 17
a. Non - Stealth antennas mounted to buildings or rooftops, not
exceeding 15 feet above the roofline and 5 feet above the
maximum height of the applicable zoning district, shall be
permitted as an accessory use in the following zoning districts:
MU -5 /TODD Transit - Oriented Development District
b. Any non - stealth building or rooftop antennas approved
administratively shall only be permitted on buildings in excess of
40 feet in height.
(B) The following uses may be permitted through the special use process:
1. Stealth Facilities.
a. Stealth rooftop or building mounted antennas, not exceeding 15
feet above the roofline and 10 feet above the maximum height of
the applicable zoning district, shall be permitted as an accessory
use pursuant to special use approval in the following zoning
districts:
LO
Low Intensity Office
GR
General Retail
NR
Neighborhood Retail
H
Hospital
PUD
Planned Unit Development
b. Stealth towers not exceeding 80 feet in height shall be permitted
as an accessory use pursuant to special use approval in the
following zoning districts:
H Hospital
PUD Planned Unit Development
c. Upon receipt of the appropriate application, the City Manager, at
his or her sole discretion, will determine the application's
consistency with the definition of a stealth facility.
d. Residential Planned Unit Developments shall not be a permitted
location for telecommunication facilities.
2. Non - Stealth Facilities.
Page 14 of 17
1
2 a. Non - Stealth antennas mounted to buildings or rooftops, not
3 exceeding 15 feet above the roofline and 5 feet above the
4 maximum height of the applicable zoning district, shall be
5 permitted as an accessory use pursuant to special use approval in
6 the following zoning districts:
7
8 RM -24 Medium Density Multi- Family
9 MO Medium- Intensity Office
10 SR Specialty Retail
11 MU- 4/MU -5 /TODD Transit- Oriented Development District
12 PI Public /Institutional
13 PR Parks and Recreation
14
15 b. Any non - stealth building or rooftop antennas permitted pursuant
16 to special use approval shall only be permitted on buildings in
17 excess of 30 feet in height.
18
19 c. Monopoles not exceeding 150 feet in height may be permitted in
20 the following zoning districts pursuant to special use approval:
21
22 PI Public /Institutional
23
24 20 -10.6 Procedure for Special Use.
25
26 Any of the permitted special uses in this Article may be approved and permitted
27 by the City Commission at a public hearing, after a recommendation by the Planning
28 Board, provided that the use complies with the requirements of this Article, Section 20-
2 9 3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use
3o approvals," and any other requirements and conditions the City Commission may
31 consider appropriate and necessary.
32
33
34 20 -10.7 Prohibitions and Exceptions.
35
36 (A) The location of a new antenna in any zoning district other than those
37 districts specified in this section shall be prohibited, except as specified below:
38
39 1. Antenna and or microwave dishes may be located on franchised utility
40 poles or poles owned by the City pursuant to the following regulations:
41
42 a. The utility poles shall be located within public easements or
43 public rights -of -way.
Page 15 of 17
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b. Fees related to utility pole installation:
(1) A license application fee shall be paid
(2) An Engineering permit fee shall be paid if the pole is
replaced to accommodate telecommunications equipment.
(3) An annual Occupational License tax shall be paid.
c. The antenna and, or, dish shall be of a size and placement that is
structurally compatible with the engineering design of the pole
pursuant to the South Florida Building Code and certified by a
registered Engineer.
d. The antenna or dish shall not extend more than 10 feet above the
existing pole height. If the pole is replaced to withstand the
addition of telecommunications equipment, then the same
restriction shall apply except that the utility pole may be 10 feet
higher than the adjacent pole heights.
e. Placement of an antenna and, or, a dish on a utility pole shall
only be on poles owner or operated by a city franchisee or the
City.
f. No commercial advertising shall be allowed on the antenna or
dish.
20 -10.8 Accessory Equipment Building.
Accessory equipment buildings used in conjunction with the operation and
maintenance of Antennas shall be permitted subject to the following requirements:
(A) ERPB approval is required.
(B) Must conform to the applicable zoning district's dimensional standards.
(C) If the site is already occupied by a principal building, the provider shall
attempt to utilize the existing building for its antenna - related equipment. If the provider is
unable to use the existing building, it must provide a report to the City describing the
reasons which disallow it from using the existing building.
(D) Shall be designed, constructed, and installed in compliance with this Code,
the South Florida Building Code, and all other applicable codes.
20 -10.9 Removal of Abandoned Telecommunication "Facilities.
(A) At the time of building permit application, the applicant shall enter into a
contractually enforceable agreement with the City that requires the applicant, or the
owner of the facility, to remove the telecommunication tower structure, at his or her sole
cost, upon its abandonment.
Page 16 of 17
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2.
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(B) In the event the approved use of a telecommunication tower has been
discontinued for a period of 180 consecutive days, the tower shall be deemed to be
abandoned. Determination of the date of abandonment shall be made by the City
Manager, who shall have the power to request documentation and, or, affidavits from the
owner regarding the use.
(C) The City Manager shall provide the owner with written notice, by certified
mail, of an abandonment determination. The failure or refusal by the owner to respond
within 60 days of receipt of the notice shall constitute prima facie evidence that the
telecommunication tower has been abandoned.
(D) If the owner fails to respond or fails to demonstrate that the tower is not
abandoned, the City Manager shall render a finding that the tower is abandoned and the
owner of the antenna shall have an additional 120 days within which to (i) reactivate the
use of the tower or to transfer the tower to another owner who makes actual use of the
tower within the time period, or (ii) dismantle and remove the tower. At the earlier of
121 days from the dated of the entry of a finding of abandonment, without reactivation,
or upon completion of dismantling and removal, any special use approval shall
automatically expire.
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 13th day of October, 1998.
ATTEST:
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Page 17 of 17
= CITY OF SOUTH MIAMI
W7INTER - OFFICE MEMORANDUM
- To: Mayor and City Commission Date: October 6, 1998
Agenda Item #
From: Charles D. Scurr Re: Comm. Mtg. 10/06/98
City Manager Second Reading:
Telecommunications Ordinance
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACILITIES; AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY DELETING SECTION 20- 5.23(B), ENTITLED
"MICROWAVE ANTENNAS," AND CREATING ARTICLE X,
ENTITLED "SITING REGULATIONS FOR
TELECOMMUNICATION TOWERS AND ANTENNAS;"
PROVIDING FOR INTENT, DEFINITIONS, APPLICABILITY,
GENERAL REQUIREMENT AND MINIMUM STANDARDS,
PERMITTED USES, PROCEDURE FOR SPECIAL USE,
EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In 1996, the Congress of the United States adopted the Telecommunications Act, providing for
federal regulation of wireless telecommunications, a technology of wireless voice, video and data
communications systems which requires land -based facilities that impact planning and. zoning
concerns in the City of South Miami and throughout the United States.
Pursuant to the Federal Telecommunications Act, the City "shall not prohibit or have the effect
of prohibiting the provision of personal wireless services" or "shall not unreasonably
City Manager's Report: Telecommunication Tower Ordinance
discriminate among providers of functionally equivalent services," but it does retain the ability to
regulate the placement, construction and modification of cellular telephone facilities and other
"personal wireless telecommunications" service facilities.
Currently, the Land Development Code contains antiquated regulations regarding antennas and
wireless communication facilities; therefore, on January 20, 1998, the Mayor & City
Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on
the acceptance and review of applications relating to telecommunication towers in order to
prepare and adopt minimum standards for the location and approval of telecommunication
towers. On June 9, 1998, the Mayor & City Commission adopted a 90 -day extension of the
moratorium, extending the moratorium through October 17, 1998, in order to provide time for
public involvement and the development of the best possible standards.
On June 23, 1998, the Mayor & City Commission and the Planning Board held a joint workshop,
which included staff, telecommunication industry representatives, and citizens, in order to
discuss such standards.
On September 28, 1998, the City Commission and Planning Board held an additional workshop
to discuss the proposed regulations found in the attached ordinance. Although the Planning
Board and staff have worked diligently to create the ordinance, the City would benefit from
further exploration of the complex issues surrounding this item. Additionally, the Mayor & City
Commission requested that the telecommunication industry provide the City with propagation
maps, pictures of existing facilities, and other supplementary information. These materials have
not yet been received and are integral to drafting the best possible regulations. Therefore, an
ordinance has been put on the agenda for first reading, which would extend the existing
telecommunication moratorium an additional 45 days. This time period will allow the
telecommunication industry to submit the requested information, enabling the further refinement
of the attached ordinance.
RECOMMENDATION: Table the Ordinance until November 3,1998.
Attachment:
Proposed Ordinance
City Manager's Report: Telecommunication Tower Ordinance
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 TELECOMMUNICATION FACITIES; AMENDING CHAPTER 20
6 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
7 BY DELETING SECTION 20- 5.23(B), ENTITLED "MICROWAVE
8 ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING
9 REGULATIONS FOR TELECOMMUNICATION TOWERS AND
10 ANTENNAS;" PROVIDING FOR INTENT, DEFINITIONS,
11 APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM
12 STANDARDS, PERMITTED USES, PROCEDURE FOR SPECIAL
13 USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
14 REMOVAL OF ABANDONED TELECOMMUNICATION
15 FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
16 SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
17 CODE AND EFFECTIVE DATE.
18
20 WHEREAS, the Congress of the United States adopted the Telecommunications
21 Act of 1996, providing for federal regulation of wireless telecommunications, a
22 technology of wireless voice, video and data communications systems, which requires
23 land -based facilities that impact planning and zoning concerns in the City and throughout
24 the United States; and,
25
26 WHEREAS, the Mayor & City Commission find that it is in the public interest to
27 permit the siting of wireless communication towers and antennas within the municipal
28 boundaries; and,
29
30 WHEREAS, the City has received, and expects to receive additional, requests
31 from telecommunication service providers to site wireless telecommunication towers and
32 antennas within the municipal boundaries and the City is authorized by federal, state and
33 local law to regulate the siting of such towers and antennas; and,
34
35 WHEREAS, it is the intent of the Mayor and City Commission to provide
36 reasonable accommodation, and to promote and encourage fair and reasonable
37 competition, among telecommunication service providers, or providers of functionally
38 equivalent services, on a neutral and non - discriminatory basis; and,
39
40 WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
41 locations in priority order of use and, further, to provide the requirements and standards
42 to permit the siting of wireless telecommunication towers and antennas within the
43 municipal boundaries, with due consideration to the City's comprehensive plan, Land
Page 1 of 17
1 Development Code, existing patterns of development and environmentally sensitive
2 areas, including hurricane preparedness areas; and,
3
4 WHEREAS, by providing regulatory requirements and standards, it is the City's
5 intent to protect and promote the health, safety and welfare of its citizens and residents,
6 the traveling public, and other persons in a manner that will minimize both the number of
7 towers and antennas as well as the adverse visual impact and other potential damage by
8 these facilities through encouraging collocation and shared use of new and pre - existing
9 telecommunication facilities, through incentives, careful design, engineering, siting,
lo landscape screening and innovative camouflaging techniques.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14
15 Section 1. Chapter 20 of the Land Development Code of the City of South Miami is
16 amended by deleting Section 20- 5.23(B), entitled "Microwave Antennas."
17
18 Section 2. Chapter 20 of the Land Development Code of the City of South Miami is
19 amended by creating Article X, entitled "Siting Regulations for Telecommunication
2o Towers and Antennas" to read as follows:
21
22 Article X. "SITING REGULATIONS FOR TELECOMMUNICATION
23 TOWERS"
24
25 20 -10.1 Intent.
26 The regulations and requirements of this Article are intended to:
27
28 (A) promote the health, safety and general welfare of the citizens by
29 regulating the siting of wireless communication facilities;
30
31 (B) accommodate the growing need and demand for wireless
32 communication services;
33
34 (C) provide for the appropriate location and development of wireless
35 communication facilities within the City of South Miami;
36
37 (D) minimize adverse visual effects of wireless communication facilities
38 through careful design, siting, landscape screening and innovative
39 camouflaging techniques;
40
Page 2 of 17
1 (E) encourage the location and collocation of antennas on existing
2 structures thereby minimizing new visual impacts and reducing the
3 need for additional antenna support structures; and
4
5 (F) minimize potential damage to property from telecommunications
6 towers and telecommunications facilities by requiring such
7 structures be soundly designed, constructed, modified and
8 maintained.
9
10 20 -10.2 Definitions.
11
12 Accessory equipment building — Any building, cabinet or equipment enclosure
13 constructed for the primary purpose of housing the electronics, backup power, power
14 generators and other free standing equipment associated with the operation of antennas.
15
16 Alternative site — One or more separate locations within the search ring at which a
17 provider could place its antenna to serve substantially all of the are intended to be served
18 by the site requiring a special exception. Alternative sites must be available to the
19 provider on commercially reasonable terms.
20
21 Antenna — A transmitting and /or receiving device mounted on a telecommunications
22 tower, building or structure and used for wireless communication services which radiates
23 or captures electromagnetic waves, digital signals, analog signals, radio frequencies
24 (excluding radar signals), wireless telecommunication signals or other communication
25 signals, including directional antennas, such as panel and microwave dish antennas, and
26 omni- directional antennas such as whips, but excluding radar antennas, amateur radio
27 antennas, satellite earth stations, and single - family use of television antennas.
28
29 Antenna support structure — A facility that is constructed and designed primarily for the
30 support of antennas, which include the following types: (i) guyed tower, (ii) lattice tower,
31 (iii) monopole, and (iv) stealth tower.
32
33 Collocation — When more than one FCC licensed provider uses a telecommunication
34 tower antenna support structure to attach antennas.
35
36 Existing structures — Any lawfully constructed man -made structure including but not
37 limited to antenna support structures, buildings, utility structures, light poles, clock
38 towers, bell towers, steeples, water towers and the like, which allow for the attachment of
39 antennas.
40
41 FAA — The Federal Aviation Administration.
42
43 FCC — The Federal Communications Commission.
Page 3 of 17
1
2 Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy
3 wires and ground anchors.
4
5 Lattice tower - A telecommunication tower that consists of vertical and horizontal
6 supports and crossed metal braces, which is usually triangular or square in a cross -
7 section.
8
9 Microwave - A dish -like antenna used to link wireless communication services sites
10 together by wireless transmission of voice or data.
11
12 Monopole tower - A telecommunication tower consisting of a single pole or spire self-
13 supported by a permanent foundation, and constructed without guy wires and ground
14 anchors.
15
16 Panel antenna - An array of antennas designed to concentrate a radio signal in a
17 particular area.
18
19 Provider — An FCC licensed communications company.
20
21 Roofline —The overall ridge line of the structure which does not include cupolas, elevator
22 towers, clock towers or other features that are permitted to exceed the maximum height
23 of the building.
24
25 Search ring — A geographic area in which a provider intends to locate an antenna to serve
26 the provider's coverage area.
27
28 Self - support or lattice tower - A telecommunication tower that is constructed without guy
29 wires and ground anchors.
30
31 Stealth facility — Any telecommunication facility which is designed to blend into the
32 surrounding environment. Examples of stealth facilities include, but are not limited to,
33 architecturally screened, roof- mounted antennas, antennas integrated into architectural
34 elements, and telecommunication towers designed to look like light poles, power poles or
35 trees.
36
37 Stealth tower — A structure designed to support antenna and blend into the existing
38 surroundings.
39
4o Telecommunication tower — A guyed, monopole, self- support/lattice tower, or stealth
41 tower constructed as a free - standing structure, containing one or more antennas intended
42 to be used for personal wireless services, telephone, radio or a similar communication
43 service. The term includes, but is not limited to, radio and television transmission towers,
Page 4 of 17
1 microwave towers, common carrier towers, cellular telephone towers and stealth towers.
2 The term does not include a tower that provides only open video services, radar towers,
3 amateur radio support structures licensed by the FCC, or single - family residential use of
4 satellite dishes, television antennas and satellite earth stations installed in accordance
5 with applicable codes.
6
7 Whip antenna — A cylindrical antenna that transmits signals in 360 degrees.
s
9
10 20 -10.3 Applicability.
11
12 (A) All new towers or antennas, and modifications to existing towers and
13 antennas, in the City shall be subject to these regulations, except as provided for in
14 paragraphs 1 and 2, below:
15
16 1. These regulations shall not apply to any tower, or installation of any
17 antenna, that is for the use of an open video broadcast -only facility, or is
18 owned and operated by a federally- licensed amateur radio station operator,
19 or is used exclusively for receive -only antennas.
20
21 2. Pre - existing towers and pre - existing antennas shall not be required to meet
22 the requirements of these regulations, except to comply with the
23 requirements of the non - conforming provisions of the Land Development
24 Code.
25
26
27 20 -10.4 General Requirements and Minimum Standards.
2s
29 (A) Applicants regulated by this Ordinance may request a pre - application
30 conference with the City. Such request shall be submitted with a non - refundable fee of
31 $500.00 to reimburse the City for the cost and fees incurred by the conference.
32
33 (B) Each applicant shall apply to the City for a permit providing the
34 information as required by this Ordinance and a nonrefundable fee of $1,500 to reimburse
35 the City for the costs of reviewing the application.
36
37 (C) The City shall review the application and determine if the proposed use
38 complies with applicable Sections of this Ordinance and other regulations. Every new
39 telecommunication tower and antenna shall be subject to the following minimum
40 standards:
41
42 1. Lease Required. Any construction, installation or placement of a
43 telecommunications facility on any property owned, leased or
Page 5 of 17
1
otherwise controlled by the City shall require a Lease Agreement
2
executed by the City and the owner of the facility.
3
4
The City may require, as a condition of entering into a Lease
5
Agreement with a telecommunications service provider, the
6
dedication of space on the facility for public health, safety and
7
communication purposes, as well as property improvement on the
s
leased space. Any dedications and improvements shall be negotiated
9
prior to execution of the lease.
10
11
2.
Principal or Accessory Use. Towers and antennas may be
12
considered either principal or accessory uses. A different existing
13
use of an existing structure on the same lot shall not preclude the
14
installation of a tower or antenna on the same lot.
15
16
3.
Lot Size. For purposes of determining whether the installation of a
17
tower or antenna complies with zoning regulations, the dimensions
18
of the entire lot shall control, even though the towers or antennas are
19
proposed to be located on leased parcels within such lot.
20
21
4.
ERPB Review. The Environmental Review and Preservation Board
22
(ERPB) shall review and recommend approval, disapproval or
23
modification on all site plans, projects and specifications relating to
24
applications for new telecommunication towers and antennas, and
25
modifications to existing towers and antennas. The ERPB's review
26
shall include, but not be limited to, those design criteria specifically
27
enumerated by this ordinance and all other applicable criteria, as
28
outlined by the Land Development Code.
29
30
5.
Hecht. All towers shall be as low in height as technologically and
31
economically feasible, provided that no tower shall exceed 150 feet
32
in height.
33
34
6.
Setbacks. Towers must be setback a minimum distance of 110% of
35
the height of the telecommunications tower from the property line.
36
This requirement may be waived by the City Manager.
37
38
7.
Inventory of Existing Sites. Each applicant shall review the City's
39
inventory of existing telecommunications towers, antennas, and
40
approved sites. All requests for sites shall include specific
41
information about the proposed location, height and design of the
42
proposed telecommunications tower, structure, or state of the art
43
technology that does not require the use of new telecommunications
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towers, or new structures can accommodate, or be modified to
accommodate, the applicant's proposed antenna. Evidence
submitted to demonstrate that no existing telecommunications tower,
structure or state of the art technology is suitable shall consist of any
of the following:
a. An affidavit demonstrating that the applicant made diligent
efforts to seek permission to install or collocate the applicant's
telecommunications facilities on City -owned telecommunications
towers or usable antenna support structures located within a %2
mile radius of the proposed telecommunications tower site.
b. An affidavit demonstrating that the applicant made diligent
efforts to install or collocate the applicant's telecommunications
facilities on towers or useable antenna support structures owned
by other persons located within a 1/2 mile radius of the proposed
telecommunications tower site.
c. An affidavit demonstrating that existing towers or structures
located within the geographic search area as determined by a
radio frequency engineer do not have the capacity to provide
reasonable technical service consistent with the applicant's
technical system, including but not limited to, applicable FCC
requirements.
d. Existing towers or structures are not of sufficient height to meet
applicable FCC requirements.
e. Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related
equipment.
f. The applicant's proposed antenna would cause electromagnetic
or radio frequency interference with the antenna on the existing
towers or structures, or the antenna on the existing towers or
structures could cause interference with the applicant's proposed
antenna.
g. The fees, cost, or contractual provisions required by the owner in
order to share an existing telecommunications tower or structure
or to adapt an existing telecommunications tower or structure for
sharing are unreasonable[ "unreasonable" means a cost in excess
of the cost to construct a new telecommunications tower].
h. The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
i. The applicant demonstrates that state of the art technology used
in the wireless telecommunications business and within the scope
of applicant's FCC license, is unsuitable. Costs of state of the art
technology that exceed new telecommunications tower or
Page 7 of 17
1 antenna development shall not by itself be presumed to render
2 the technology unsuitable.
3 j. Any additional information required by the City. If the City does
4 not accept the full evaluation as provided as accurate, or if the
5 City disagrees with any part of the evaluation, the City may hire
5 the appropriate professionals to assess the submitted evaluation
7 at the applicant's expense.
This information is public record. The City does not warrant or
represent that the information is accurate or that the sites are
available or suitable.
8. Engineering Report. All applicants for new towers and antennas, or
for towers and antennas which are to be modified or reconstructed to
accommodate additional antennas, or for which a special use is
required, must present a certified report by a professional engineer
licensed to practice in the State of Florida, which shall include the
following:
a. A site plan which includes, without limitation, a legal description
of the parent tract and leased parcel, if applicable; on -site and
adjacent land uses and zoning classifications; and, a visual
impact analysis and photo digitalization of the
telecommunications tower and all attachments including
associated buildings and equipment containers, close -up and at
distances of 250 feet and 500 feet from all properties within that
range, or at other points agreed upon in a pre - application
conference.
b. An analysis of any additional impacts on adjacent properties.
c. If applicable, a narrative of why the proposed
telecommunications tower cannot comply with the requirements
as stated in this Section.
d. Type of telecommunications tower and specifics of design.
e. Current wind - loading capacity and projection of wind - loading
capacity using different types of antennas as contemplated by the
applicant. No telecommunications tower shall be permitted to
exceed its wind loading capacity as provided for by the South
Florida Building Code.
f. A statement of non - interference, which states that the
construction and operation of the tower, including reception and
transmission functions, will not interfere with public safety
communication, or with the visual and customary transmission or
Page 8of17
1
reception of radio, television, or similar services, as well as other
2
wireless services enjoyed by adjacent properties.
3
g. A statement of compliance with all applicable building codes,
4
associated regulations and safety standards as provided herein.
5
For all towers attached to existing structures, the statement shall
6
include certification that the structure can support the load
_ 7
superimposed by the telecommunications tower. Except where
8
provided herein, all towers shall have the capacity to permit
9
multiple users; at a minimum, monopole towers shall be able to
10
accommodate 2 users and, at a minimum, self - support of lattice
11
or guyed towers shall be able to accommodate 3 users.
12
h. Any additional information deemed by the City to be necessary
13
to assess compliance with this Ordinance.
14
15
9. Collocation. Pursuant to the intent of this Ordinance, collocation of
16
telecommunication antennas by more than one provider on existing
17
telecommunication towers shall take precedence over the
18
construction of new telecommunication towers. Accordingly, in
19
addition to submitting the information required by Section 20-
2 0
10.4(A)(6), each application shall include a written report certified
21
by a professional engineer licensed to practice in the State of
22
Florida, stating:
23
24
a. the geographical service area requirements;
25
b. mechanical or electrical incompatibility;
26
c. any restrictions or limitations of the FCC that would preclude the
27
shared use of the telecommunication tower; and
28
d. any additional information required by the City.
29
30
To encourage a reduction in the number of towers that may be
31
required to site antennas in order to meet the City's increasing
32
demand for wireless service, new towers shall be structurally
33
designed to accommodate the collocation of antennas as follows:
34
35
a. All towers over 80 feet and up to 150 feet in height shall be
36
structurally designed to accommodate at least two Providers.
37
38
10. Collocation Incentive. Pursuant to the intent of this Ordinance, the
39
City shall provide the following incentive to service providers:
40
41
a. The review of all applications submitted by providers seeking to
42
collocate on a pre- existing telecommunications tower or to rent
43
space on a proposed new telecommunications tower, shall be
Page 9 of 17
1
completed by the City no more than 30 days following the filing
2
of a completed application as provided in this Ordinance.
3
4
10. Aesthetics. Towers and antennas shall meet the following
5
requirements:
6
_ 7
a. All applications for the installation of new towers, antennas or
8
accessory equipment buildings, or the modification of existing
9
towers, antennas or accessory equipment buildings shall be
10
reviewed by the ERPB as provided in this Code.
11
b. Towers shall either maintain a galvanized steel finish or, if
12
allowed by FAA standards, shall be painted a neutral color to
13
reduce visual obtrusiveness.
14
c. The design of accessory buildings and related structures shall use
15
materials, colors, textures, screening, and landscaping that will
16
blend them into the natural setting and surrounding buildings to
17
minimize visual impact, as determined by the ERPB.
18
d. All telecommunications tower sites must comply with any
19
landscaping requirements of the City Land Development Code
20
and all other applicable aesthetic and safety requirements of the
21
city, and the City may require landscaping in excess of those
22
requirements in order to enhance compatibility with adjacent
23
residential and non - residential land uses.
24
e. If an antenna is installed on a structure other than a tower, the
25
antenna and supporting electrical and mechanical equipment
26
must be of a color that is neutral, identical to, or compatible with
27
the color of the supporting structure, as determined by the ERPB,
28
to make the antenna and related equipment as visually
29
unobtrusive as possible.
30
f. No signals, artificial lights or illumination shall be permitted on
31
any tower or antenna unless required by the FAA. If lighting is
32
required, the lighting alternatives and design chosen must cause
33
the least disturbance to the surrounding views. To the maximum
34
extent possible, lighting shall be oriented away from residential
35
districts.
36
37
11. Local, State or Federal Requirements The construction, operation,
38
maintenance and repair of telecommunications facilities are subject
39
to the regulatory supervision of the City, and shall be performed in
40
compliance with all laws and practices affecting the subject,
41
including, but not limited to, the Land Development Code, building
42
code and safety codes. The construction, operation and repair shall
43
be performed in a manner consistent with the applicable industry
Page 10 of 17
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standards, including the Electronic Industries Association. All
towers and antennas must meet or exceed current standards and
regulations of the FAA and the FCC, including emission standards.
They must meet the requirements of all federal, state and local
government agencies with the authority to regulate towers and
antennas prior to issuance of a building permit by the City. If such
standards and regulations are changed and require retroactive
application, then the owners of the towers and antennas governed by
this Ordinance shall bring such facilities into compliance with such
revised standards and regulations within six months of their effective
date, unless a different compliance schedule is mandated by the
controlling agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall
constitute grounds for removal of the tower or antenna at the
owner's expense.
12. Buildiniz Codes & Safety Standards.
a. To ensure the structural integrity of telecommunications Mowers,
the owner shall construct and maintain the telecommunications
tower in compliance with the South Florida Building Code, and
all other applicable codes and standards, as amended from time
to time. A statement shall be submitted to the City by a
professional engineer certifying compliance with this subsection
upon completion of construction and, or, subsequent
modification. Where a pre- existing structure, including light and
power poles, is requested to be used as a stealth facility, the
facility, and all modifications to it, shall comply with all
requirements, as provided in this Ordinance. Following the
issuance of a building permit, the City shall require the owner to
provide a professional analysis of a soil boring from the base of
the telecommunications tower site to assure integrity of
foundation.
b. The City reserves the right to conduct periodic inspection of
telecommunications towers to ensure structural and electrical
integrity. If, upon inspection, the City concludes that a tower
fails to comply with any building or safety codes and industry
construction or maintenance standards, and constitutes a danger
to persons or property, then upon notice, the owner of the tower
shall have 30 days to bring the tower into compliance. Failure to
bring the tower into compliance within 30 days from receipt of
notice shall constitute grounds imposing a fine and for removal
of the tower or antenna at the owner's expense.
Page 11 of 17
1
2
13.
Signage. No signs, including commercial advertising, logo, political
3
signs, flyers, flags, or banners, whether or not posted temporarily,
4
shall be permitted on any part of an antenna or telecommunication
5
tower, except for warning, danger or other signs designed to
6
maintain public safety.
7
8
14.
Securi1y. Telecommunications facilities shall be enclosed by
9
security fencing and shall also be equipped with an appropriate anti -
10
climbing device provided, however, that the City may waive such
11
requirements.
12
13
15.
Measurement. For purposes of measurement, telecommunication
14
tower setbacks and separation distances shall be calculated and
15
applied to facilities located in the City irrespective of municipal and
16
county jurisdictional boundaries.
17
18
16.
Not Essential Services. Towers and antennas shall be regulated and
19
permitted pursuant to this Ordinance and shall not be regulated or
20
permitted as essential services, public utilities or private utilities.
21
22
17.
Franchises and Licenses. Owners and, or, operators of towers or
23
antennas. shall certify that all franchises required by law for the
24
construction or operation of a wireless telecommunication system in
25
the City have been obtained and shall file a copy of all such
26
franchises with the City.
27
28
18.
Inspections; Reports; Fees.
29
30
a. Telecommunication tower owners shall submit a report to the
31
City certifying structural and electrical integrity every two years.
32
The report shall be accompanied by a non - refundable fee of
33
$200.00 to reimburse the City for the cost of review.
34
b. The City may conduct periodic inspection of telecommunications
35
towers, at the owner's expense, to ensure structural and electrical
36
integrity and compliance with the provisions of this Ordinance.
37
The owner of the telecommunications tower may be required by
38
the City to have more frequent inspections should there be an
39
emergency, extraordinary conditions or other reason to believe
40
that the structural and electrical integrity of the
41
telecommunication tower is jeopardized. There shall be a
42
maximum of one inspection per year unless emergency or
43
extraordinary conditions warrant additional inspections.
Page 12 of 17
1
2 19. Bonding. The owner of a telecommunications tower shall prior to
3 commencing construction post a bond equal to an amount no less
4 than $25,000, which bond shall be posted to insure the obligation
5 identified in Section 20 -10.9.
6
7
8 20 -10.5 Permitted Uses
9 The permitted uses shall be divided into those uses which can be approved
lo administratively and those which must be approved pursuant to the special use process.
11
12 (A) The following uses may be approved by the City Manager [or the
13 Manager's designee] after ERPB approval:
14
15 1. Stealth Facilities.
16
17 a. Stealth rooftop or building mounted antennas, not exceeding 25
18 feet above the roofline and 10 feet above the maximum height of
19 the applicable zoning district, shall be permitted as an accessory
20 use in the following zoning districts:
21
22 RM -24 Medium Density Multi- Family
23 MO Medium - Intensity Office
24 SR Specialty Retail
25 TODD Transit - Oriented Development District
26 PI Public/Institutional
27 PR Parks and Recreation
28
29 b. Stealth towers not exceeding 150 feet in height shall be permitted
30 as a principal or accessory use in the following zoning districts:
31
32 RM -24 Medium Density Multi- Family
33 MO Medium - Intensity Office
34 SR Specialty Retail
35 TODD Transit - Oriented Development District
36 PI Public/Institutional
37 PR Parks and Recreation
38
39 c. Upon receipt of the appropriate application, the City Manager, at
40 his or her sole discretion, will determine the application's
41 consistency with the definition of a stealth facility.
42
43 2. Non- Stealth Facilities.
Page 13 of 17
a. Non - Stealth antennas mounted to buildings or rooftops, not
exceeding 15 feet above the roofline and 5 feet above the
maximum height of the applicable zoning district, shall be
permitted as an accessory use in the following zoning districts:
_ MU -5 /TODD Transit - Oriented Development District
b. Any non - stealth building or rooftop antennas approved
administratively shall only be permitted on buildings in excess of
40 feet in height.
(B) The following uses may be permitted through the special use process:
1. Stealth Facilities.
a. Stealth rooftop or building mounted antennas, not exceeding 15
feet above the roofline and 10 feet above the maximum height of
the applicable zoning district, shall be permitted as an accessory
use pursuant to special use approval in the following zoning
districts:
LO
Low Intensity Office
GR
General Retail
NR
Neighborhood Retail
H
Hospital
PUD
Planned Unit Development
b. Stealth towers not exceeding 80 feet in height shall be permitted
as an accessory use pursuant to special use approval in the
following zoning districts:
H Hospital
PUD Planned Unit Development
c. Upon receipt of the appropriate application, the City Manager, at
his or her sole discretion, will determine the application's
consistency with the definition of a stealth facility.
d. Residential Planned Unit Developments shall not be a permitted
location for telecommunication facilities.
2. Non - Stealth Facilities.
Page 14 of 17
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a. Non - Stealth antennas mounted to buildings or rooftops, not
exceeding 15 feet above the roofline and 5 feet above the
maximum height of the applicable zoning district, shall be
permitted as an accessory use pursuant to special use approval in
the following zoning districts:
RM -24 Medium Density Multi - Family
MO
Medium - Intensity Office
SR
Specialty Retail
MU- 4/MU- 5 /TODDTransit- Oriented Development District
PI
Public/Institutional
PR
Parks and Recreation
b. Any non - stealth building or rooftop antennas permitted pursuant
to special use approval shall only be permitted on buildings in
excess of 30 feet in height.
c. Monopoles not exceeding 150 feet in height may be permitted in
the following zoning districts pursuant to special use approval:
PI Public /Institutional
20 -10.6 Procedure for Special Use.
Any of the permitted special uses in this Article may be approved and permitted
by the City Commission at a public hearing, after a recommendation by the Planning
Board, provided that the use complies with the requirements of this Article, Section 20-
3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use
approvals," and any other requirements and conditions the City Commission may
consider appropriate and necessary.
20 -10.7 Prohibitions and Exceptions.
(A) The location of a new antenna in any zoning district other than those
districts specified in this section shall be prohibited, except as specified below:
1. Antenna and or microwave dishes may be located on franchised utility
poles or poles owned by the City pursuant to the following regulations:
a. The utility poles shall be located within public easements or
public rights -of -way.
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b. Fees related to utility pole installation:
(1) A license application fee shall be paid
(2) An Engineering permit fee shall be paid if the pole is
replaced to accommodate telecommunications equipment.
(3) An annual Occupational License tax shall be paid.
c. The antenna and, or, dish shall be of a size and placement that is
structurally compatible with the engineering design of the pole
pursuant to the South Florida Building Code and certified by a
registered Engineer.
d. The antenna or dish shall not extend more than 10 feet above the
existing pole height. If the pole is replaced to withstand the
addition of telecommunications equipment, then the same
restriction shall apply except that the utility pole may be 10 feet
higher than the adjacent pole heights.
e. Placement of an antenna and, or, a dish on a utility pole shall
only be on poles owner or operated by a city franchisee or the
City.
f. No commercial advertising shall be allowed on the antenna or
dish.
20 -10.8 Accessory Equipment Building.
Accessory equipment buildings used in conjunction with the operation and
maintenance of Antennas shall be permitted subject to the following requirements:
(A) ERPB approval is required.
(B) Must conform to the applicable zoning district's dimensional standards.
(C) If the site is already occupied by a principal building, the provider shall
attempt to utilize the existing building for its antenna- related equipment. If the provider is
unable to use the existing building, it must provide a report to the City describing the
reasons which disallow it from using the existing building.
(D) Shall be designed, constructed, and installed in compliance with this Code,
the South Florida Building Code, and all other applicable codes.
20 -10.9 Removal of Abandoned Telecommunication Facilities.
(A) At the time of building permit application, the applicant shall enter into a
contractually enforceable agreement with the City that requires the applicant, or the
owner of the facility, to remove the telecommunication tower structure, at his or her sole
cost, upon its abandonment.
Page 16 of 17
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(B) In the event the approved use of a telecommunication tower has been
discontinued for a period of 180 consecutive days, the tower shall be deemed to be
abandoned. Determination of the date of abandonment shall be made by the City
Manager, who shall have the power to request documentation and, or, affidavits from the
owner regarding the use.
(C) The City Manager shall provide the owner with written notice, by certified
mail, of an abandonment determination. The failure or refusal by the owner to respond
within 60 days of receipt of the notice shall constitute prima facie evidence that the
telecommunication tower has been abandoned.
(D) If the owner fails to respond or fails to demonstrate that the tower is not
abandoned, the City Manager shall render a finding that the tower is abandoned and the
owner of the antenna shall have an additional 120 days within which to (i) reactivate the
use of the tower or to transfer the tower to another owner who makes actual use of the
tower within the time period, or (ii) dismantle and remove the tower. At the earlier of
121 days from the dated of the entry of a finding of abandonment, without reactivation,
or upon completion of dismantling and removal, any special use approval shall
automatically expire.
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 13th day of October, 1998.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
Page 17 of 17
MAYOR
CITY OF SOUTH MIAMI
vINTER - OFFICE MEMORANDUM
- To: Mayor and City Commission Date: October 6, 1998
Agenda Item #
From: Charles D. Scurr Re: Comm. Mtg. 10/06/98
City Manager Co, Second Reading:
Telecommunications Ordinance
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACILITIES; AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY DELETING SECTION 20- 5.23(B), ENTITLED
"MICROWAVE ANTENNAS," AND CREATING ARTICLE X,
ENTITLED "SITING REGULATIONS FOR
TELECOMMUNICATION TOWERS AND ANTENNAS;"
PROVIDING FOR INTENT, DEFINITIONS, APPLICABILITY,
GENERAL REQUIREMENT AND MINIMUM STANDARDS,
PERMITTED USES, PROCEDURE FOR SPECIAL USE,
EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In 1996, the Congress of the United States adopted the Telecommunications Act, providing for
federal regulation of wireless telecommunications, a technology of wireless voice, video and data
communications systems which requires land -based facilities that impact planning and zoning
concerns in the City of South Miami and throughout the United States.
Pursuant to the Federal Telecommunications Act, the City "shall not prohibit or have the effect
of prohibiting the provision of personal wireless services" or "shall not unreasonably
City Manager's Report: Telecommunication Tower Ordinance
discriminate among providers of functionally equivalent services," but it does retain the ability to
regulate the placement, construction and modification of cellular telephone facilities and other
"personal wireless telecommunications" service facilities.
Currently, the Land Development Code contains antiquated regulations regarding antennas and
wireless communication facilities; therefore, on January 20, 1998, the Mayor & City
- Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on
the acceptance and review of applications relating to telecommunication towers in order to
prepare and adopt minimum standards for the location and approval of telecommunication
towers. On June 9, 1998, the Mayor & City Commission adopted a 90 -day extension of the
moratorium, extending the moratorium through October 17, 1998, in order to provide time for
public involvement and the development of the best possible standards.
On June 23, 1998, the Mayor & City Commission and the Planning Board held a joint workshop,
which included staff, telecommunication industry representatives, and citizens, in order to
discuss such standards.
On September 28, 1998, the City Commission and Planning Board held an additional workshop
to discuss the proposed regulations found in the attached ordinance. Although the Planning
Board and staff have worked diligently to create the ordinance, the City would benefit from
further exploration of the complex issues surrounding this item. Additionally, the Mayor & City
Commission requested that the telecommunication industry provide the City with propagation
maps, pictures of existing facilities, and other supplementary information. These materials have
not yet been received and are integral to drafting the best possible regulations. Therefore, an
ordinance has been put on the agenda for first reading, which would extend the existing
telecommunication moratorium an additional 45 days. This time period will allow the
telecommunication industry to submit the requested information, enabling the further refinement
of the attached ordinance.
RECOMMENDATION: Table the Ordinance until November 3, 1998.
Attachment:
Proposed Ordinance
City Manager's Report: Telecommunication Tower Ordinance
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 TELECOMMUNICATION FACITIES; AMENDING CHAPTER 20
6 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
7 BY DELETING SECTION 20- 5.23(B), ENTITLED 66MICROWAVE
8 ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING
9 REGULATIONS FOR TELECOMMUNICATION TOWERS AND
10 ANTENNAS;" PROVIDING FOR INTENT, DEFINITIONS,
11 APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM
12 STANDARDS, PERMITTED USES, PROCEDURE FOR SPECIAL
13 USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
14 REMOVAL OF ABANDONED TELECOMMUNICATION
15 FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
16 SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
17 CODE AND EFFECTIVE DATE.
18
19
20 WHEREAS, the Congress of the United States adopted the Telecommunications
21 Act of 1996, providing for federal regulation of wireless telecommunications, a
22 technology of wireless voice, video and data communications systems, which requires
23 land -based facilities that impact planning and zoning concerns in the City and throughout
24 the United States; and,
25
26 WHEREAS, the Mayor & City Commission find that it is in the public interest to
27 permit the siting of wireless communication towers and antennas within the municipal
28 boundaries; and,
29
30 WHEREAS, the City has received, and expects to receive additional, requests
31 from telecommunication service providers to site wireless telecommunication towers and
32 antennas within the municipal boundaries and the City is authorized by federal, state and
33 local law to regulate the siting of such towers and antennas; and,
34
35 WHEREAS, it is the intent of the Mayor and City Commission to provide
36 reasonable accommodation, and to promote and encourage fair and reasonable
37 competition. among telecommunication service providers, or providers of functionally
38 equivalent services, on a neutral and non - discriminatory basis; and,
39
40 WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
41 locations in priority order of use and, further, to provide the requirements and standards
42 to permit the siting of wireless telecommunication towers and antennas within the
43 municipal boundaries, with due consideration to the City's comprehensive plan, Land
Page 1 of 17
i Development Code, existing patterns of development and environmentally sensitive
2 areas, including hurricane preparedness areas; and,
3
4 WHEREAS, by providing regulatory requirements and standards, it is the City's
5 intent to protect and promote the health, safety and welfare of its citizens and residents,
6 the traveling public, and other persons in a manner that will minimize both the number of
7 towers and antennas as well as the adverse visual impact and other potential damage by
8 these facilities through encouraging collocation and shared use of new and pre - existing
9 telecommunication facilities, through incentives, careful design, engineering, siting,
lo landscape screening and innovative camouflaging techniques.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14
15 Section 1. Chapter 20 of the Land Development Code of the City of South Miami is
16 amended by deleting Section 20- 5.23(B), entitled "Microwave Antennas."
17
18 Section 2. Chapter 20 of the Land Development Code of the City of South Miami is
19 amended by creating Article X, entitled "Siting Regulations for Telecommunication
2o Towers and Antennas" to read as follows:
21
22 Article X. "SITING REGULATIONS FOR TELECOMMUNICATION
23 TOWERS"
24
25 20 -10.1 Intent.
26 The regulations and requirements of this Article are intended to:
27
28 (A) promote the health, safety and general welfare of the citizens by
29 regulating the siting of wireless communication facilities;
30
31 (B) accommodate the growing need and demand for wireless
32 communication services;
33
34 (C) provide for the appropriate location and development of wireless
35 communication facilities within the City of South Miami;
36
37 (D) minimize adverse visual effects of wireless communication facilities
38 through careful design, siting, landscape screening and innovative
39 camouflaging techniques;
40
Page 2 of 17
1 (E) encourage the location and collocation of antennas on existing
2 structures thereby minimizing new visual impacts and reducing the
3 need for additional antenna support structures; and
4
5 (F) minimize potential damage to property from telecommunications
6 towers and telecommunications facilities by requiring such
7 structures be soundly designed, constructed, modified and
8 maintained.
9
10 20 -10.2 Definitions.
11
12 Accessory equipment building — Any building, cabinet or equipment enclosure
13 constructed for the primary purpose of housing the electronics, backup power, power
14 generators and other free standing equipment associated with the operation of antennas.
15
16 Alternative site — One or more separate locations within the search ring at which a
17 provider could place its antenna to serve substantially all of the are intended to be served
18 by the site requiring a special exception. Alternative sites must be available to the
19 provider on commercially reasonable terms.
20
21 Antenna — A transmitting and /or receiving device mounted on a telecommunications
22 tower, building or structure and used for wireless communication services which radiates
23 or captures electromagnetic waves, digital signals, analog signals, radio frequencies
24 (excluding radar signals), wireless telecommunication signals or other communication
25 signals, including directional antennas, such as panel and microwave dish antennas, and
26 omni - directional antennas such as whips, but excluding radar antennas, amateur radio
27 antennas, satellite earth stations, and single- family use of television antennas.
28
29 Antenna support structure — A facility that is constructed and designed primarily for the
30 support of antennas, which include the following types: (i) guyed tower, (ii) lattice tower,
31 (iii) monopole, and (iv) stealth tower.
32
33 Collocation — When more than one FCC licensed provider uses a telecommunication
34 tower antenna support structure to attach antennas.
35
36 Existing structures — Any lawfully constructed man -made structure including but not
37 limited to antenna support structures, buildings, utility structures, light poles, clock
38 towers, bell towers, steeples, water towers and the like, which allow for the attachment of
39 antennas.
40
41 FAA — The Federal Aviation Administration.
42
43 FCC — The Federal Communications Commission.
Page 3 of 17
1
2 Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy
3 wires and ground anchors.
4
5 Lattice tower - A telecommunication tower that consists of vertical and horizontal
6 supports and crossed metal braces, which is usually triangular or square in a cross-
- 7 section.
8
9 Microwave - A dish -like antenna used to link wireless communication services sites
to together by wireless transmission of voice or data.
11
12 Monopole tower - A telecommunication tower consisting of a single pole or spire self -
13 supported by a permanent foundation, and constructed without guy wires and ground
14 anchors.
15
16 Panel antenna - An array of antennas designed to concentrate a radio signal in a
17 particular area.
18
19 Provider — An FCC licensed communications company.
20
21 Roofline —The overall ridge line of the structure which does not include cupolas, elevator
22 towers, clock towers or other features that are permitted to exceed the maximum height
23 of the building.
24
25 Search ring — A geographic area in which a provider intends to locate an antenna to serve
26 the provider's coverage area.
27
28 Self - support or lattice tower - A telecommunication tower that is constructed without guy
29 wires and ground anchors.
30
31 Stealth facility — Any telecommunication facility which is designed to blend into the
32 surrounding environment. Examples of stealth facilities include, but are not limited to,
33 architecturally screened, roof - mounted antennas, antennas integrated into architectural
34 elements, and telecommunication towers designed to look like light poles, power poles or
35 trees.
36
37 Stealth tower — A structure designed to support antenna and blend into the existing
38 surroundings.
39
40 Telecommunication tower — A guyed, monopole, self- support/lattice tower, or stealth
41 tower constructed as a free - standing structure, containing one or more antennas intended
42 to be used for personal wireless services, telephone, radio or a similar communication
43 service. The term includes, but is not limited to, radio and television transmission towers,
Page 4 of 17
1 microwave towers, common carrier towers, cellular telephone towers and stealth towers.
2 The term does not include a tower that provides only open video services, radar towers,
3 amateur radio support structures licensed by the FCC, or single- family residential use of
4 satellite dishes, television antennas and satellite earth stations installed in accordance
5 with applicable codes.
6
7 Whip antenna — A cylindrical antenna that transmits signals in 360 degrees.
8
9
10 20 -10.3 Applicability.
11
12 (A) All new towers or antennas, and modifications to existing towers and
13 antennas, in the City shall be subject to these regulations, except as provided for in
14 paragraphs 1 and 2, below:
15
16 1. These regulations shall not apply to any tower, or installation of any
17 antenna, that is for the use of an open video broadcast -only facility, or is
18 owned and operated by a federally - licensed amateur radio station operator,
19 or is used exclusively for receive -only antennas.
20
21 2. Pre - existing towers and pre- existing antennas shall not be required to meet
22 the requirements of these regulations, except to comply with the
23 requirements of the non - conforming provisions of the Land Development
24 Code.
25
26
27 20 -10.4 General Requirements and Minimum Standards.
28
29 (A) Applicants regulated by this Ordinance may request a pre - application
30 conference with the City. Such request shall be submitted with a non - refundable fee of
31 $500.00 to reimburse the City for the cost and fees incurred by the conference.
32
33 (B) Each applicant shall apply to the City for a permit providing the
34 information as required by this Ordinance and a nonrefundable fee of $1,500 to reimburse
35 the City for the costs of reviewing the application.
36
37 (C) The City shall review the application and determine if the proposed use
38 complies with applicable Sections of this Ordinance and other regulations. Every new
39 telecommunication tower and antenna shall be subject to the following minimum
40 standards:
41
42 1. Lease Required. Any construction, installation or placement of a
43 telecommunications facility on any property owned, leased or
Page 5 of 17
otherwise controlled by the City shall require a Lease Agreement
executed by the City and the owner of the facility.
The City may require, as a condition of entering into a Lease
Agreement with a telecommunications service provider, the
dedication of space on the facility for public health, safety and
communication purposes, as well as property improvement on the
leased space. Any dedications and improvements shall be negotiated
prior to execution of the lease.
2. Principal or Accessory Use. Towers and antennas may be
considered either principal or accessory uses. A different existing
use of an existing structure on the same lot shall not preclude the
installation of a tower or antenna on the same lot.
3. Lot Size. For purposes of determining whether the installation of a
tower or antenna complies with zoning regulations, the dimensions
of the entire lot shall control, even though the towers or antennas are
proposed to be located on leased parcels within such lot.
4. ERPB Review. The Environmental Review and Preservation Board
(ERPB) shall review and recommend approval, disapproval or
modification on all site plans, projects and specifications relating to
applications for new telecommunication towers and antennas, and
modifications to existing towers and antennas. The ERPB's review
shall include, but not be limited to, those design criteria specifically
enumerated by this ordinance and all other applicable criteria, as
outlined by the Land Development Code.
5. Height. All towers shall be as low in height as technologically and
economically feasible, provided that no tower shall exceed 150 feet
in height.
6. Setbacks. Towers must be setback a minimum distance of 110% of
the height of the telecommunications tower from the property line.
This requirement may be waived by the City Manager.
7. Inventory of Existing Sites. Each applicant shall review the City's
inventory of existing telecommunications towers, antennas, and
approved sites. All requests for sites shall include specific
information about the proposed location, height and design of the
proposed telecommunications tower, structure, or state of the art
technology that does not require the use of new telecommunications
Page 6 of 17
1
towers, or new structures can accommodate, or be modified to
2
accommodate, the applicant's proposed antenna. Evidence
3
submitted to demonstrate that no existing telecommunications tower,
4
structure or state of the art technology is suitable shall consist of any
5
of the following:
6
7
a. An affidavit demonstrating that the applicant made diligent
s
efforts to seek permission to install or collocate the applicant's
9
telecommunications facilities on City -owned telecommunications
10
towers or usable antenna support structures located within a '/z
11
mile radius of the proposed telecommunications tower site.
12
b. An affidavit demonstrating that the applicant made diligent
13
efforts to install or collocate the applicant's telecommunications
14
facilities on towers or useable antenna support structures owned
15
by other persons located within a '/z mile radius of the proposed
16
telecommunications tower site.
17
c. An affidavit demonstrating that existing towers or structures
18
located within the geographic search area as determined by a
19
radio frequency engineer do not have the capacity to provide
20
reasonable technical service consistent with the applicant's
21
technical system, including but not limited to, applicable FCC
22
requirements.
23
d. Existing towers or structures are not of sufficient height to meet
24
applicable FCC requirements.
25
e. Existing towers or structures do not have sufficient structural
26
strength to support applicant's proposed antenna and related
27
equipment.
28
f. The applicant's proposed antenna would cause electromagnetic
29
or radio frequency interference with the antenna on the existing
30
towers or structures, or the antenna on the existing towers or
31
structures could cause interference with the applicant's proposed
32
antenna.
33
g. The fees, cost, or contractual provisions required by the owner in
34
order to share an existing telecommunications tower or structure
35
or to adapt an existing telecommunications tower or structure for
36
sharing are unreasonable[ "unreasonable" means a cost in excess
37
of the cost to construct a new telecommunications tower].
38
h. The applicant demonstrates that there are other limiting factors
39
that render existing towers and structures unsuitable.
40
i. The applicant demonstrates that state of the art technology used
41
in the wireless telecommunications business and within the scope
42
of applicant's FCC license, is unsuitable. Costs of state of the art
43
technology that exceed new telecommunications tower or
Page 7 of 17
antenna development shall not by itself be presumed to render
the technology unsuitable.
j. Any additional information required by the City. If the City does
not accept the full evaluation as provided as accurate, or if the
City disagrees with any part of the evaluation, the City may hire
the appropriate professionals to assess the submitted evaluation
at the applicant's expense.
This information is public record. The City does not warrant or
represent that the information is accurate or that the sites are
available or suitable.
8. Engineering _Report. All applicants for new towers and antennas, or
for towers and antennas which are to be modified or reconstructed to
accommodate additional antennas, or for which a special use is
required, must present a certified report by a professional engineer
licensed to practice in the State of Florida, which shall include the
following:
a. A site plan which includes, without limitation, a legal description
of the parent tract and leased parcel, if applicable; on -site and
adjacent land uses and zoning classifications; and, a visual
impact analysis and photo digitalization of the
telecommunications tower and all attachments including
associated buildings and equipment containers, close -up and at
distances of 250 feet and 500 feet from all properties within that
range, or at other points agreed upon in a pre- application
conference.
b. An analysis of any additional impacts on adjacent properties.
c. If applicable, a narrative of why the proposed
telecommunications tower cannot comply with the requirements
as stated in this Section.
d. Type of telecommunications tower and specifics of design.
e. Current wind - loading capacity and projection of wind - loading
capacity using different types of antennas as contemplated by the
applicant. No telecommunications tower shall be permitted to
exceed its wind loading capacity as provided for by the South
Florida Building Code.
f. A statement of non - interference, which states that the
construction and operation of the tower, including reception and
transmission functions, will not interfere with public safety
communication, or with the visual and customary transmission or
Page 8 of 17
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reception of radio, television, or similar services, as well as other
wireless services enjoyed by adjacent properties.
g. A statement of compliance with all applicable building codes,
associated regulations and safety standards as provided herein.
For all towers attached to existing structures, the statement shall
include certification that the structure can support the load
superimposed by the telecommunications tower. Except where
provided herein, all towers shall have the capacity to permit
multiple users; at a minimum, monopole towers shall be able to
accommodate 2 users and, at a minimum, self - support of lattice
or guyed towers shall be able to accommodate 3 users.
h. Any additional information deemed by the City to be necessary
to assess compliance with this Ordinance.
9. Collocation. Pursuant to the intent of this Ordinance, collocation of
telecommunication antennas by more than one provider on existing
telecommunication towers shall take precedence over the
construction of new telecommunication towers. Accordingly, in
addition to submitting the information required by Section 20-
10.4(A)(6), each application shall include a written report certified
by a professional engineer licensed to practice in the State of
Florida, stating:
10.
a. the geographical service area requirements;
b. mechanical or electrical incompatibility;
c. any restrictions or limitations of the FCC that would preclude the
shared use of the telecommunication tower; and
d. any additional information required by the City.
To encourage a reduction in the number of towers that may be
required to site antennas in order to meet the City's increasing
demand for wireless service, new towers shall be structurally
designed to accommodate the collocation of antennas as follows:
a. All towers over 80 feet and up to 150 feet in height shall be
structurally designed to accommodate at least two Providers.
Collocation Incentive. Pursuant to the intent of this Ordinance, the
City shall provide the following incentive to service providers:
a. The review of all applications submitted by providers seeking to
collocate on a pre - existing telecommunications tower or to rent
space on a proposed new telecommunications tower, shall be
Page 9 of 17
1
completed by the City no more than 30 days following the filing
2
of a completed application as provided in this Ordinance.
3
4
10. Aesthetics. Towers and antennas shall meet the following
5
requirements:
6
_ 7
a. All applications for the installation of new towers, antennas or
s
accessory equipment buildings, or the modification of existing
9
towers, antennas or accessory equipment buildings shall be
10
reviewed by the ERPB as provided in this Code.
11
b. Towers shall either maintain a galvanized steel finish or, if
12
allowed by FAA standards, shall be painted a neutral color to
13
reduce visual obtrusiveness.
14
c. The design of accessory buildings and related structures shall use
15
materials, colors, textures, screening, and landscaping that will
16
blend them into the natural setting and surrounding buildings to
17
minimize visual impact, as determined by the ERPB.
18
d. All telecommunications tower sites must comply with any
19
landscaping requirements of the City Land Development Code
20
and all other applicable aesthetic and safety requirements of the
21
city, and the City may require landscaping in excess of those
22
requirements in order to enhance compatibility with adjacent
23
residential and non - residential land uses.
24
e. If an antenna is installed on a structure other than a tower, the
25
antenna and supporting electrical and mechanical equipment
26
must be of a color that is neutral, identical to, or compatible with
27
the color of the supporting structure, as determined by the ERPB,
28
to make the antenna and related equipment as visually
29
unobtrusive as possible.
30
f. No signals, artificial lights or illumination shall be permitted on
31
any tower or antenna unless required by the FAA. If lighting is
32
required, the lighting alternatives and design chosen must cause
33
the least disturbance to the surrounding views. To the maximum
34
extent possible, lighting shall be oriented away from residential
35
districts.
36
37
11. Local, State or Federal Requirements The construction, operation,
38
maintenance and repair of telecommunications facilities are subject
39
to the regulatory supervision of the City, and shall be performed in
40
compliance with all laws and practices affecting the subject,
41
including, but not limited to, the Land Development Code, building
42
code and safety codes. The construction, operation and repair shall
43
be performed in a manner consistent with the applicable industry
Page 10 of 17
1
standards, including the Electronic Industries Association. All
2
towers and antennas must meet or exceed current standards and
3
regulations of the FAA and the FCC, including emission standards.
4
They must meet the requirements of all federal, state and local
5
government agencies with the authority to regulate towers and
5
antennas prior to issuance of a building permit by the City. If such
_ 7
standards and regulations are changed and require retroactive
s
application, then the owners of the towers and antennas governed by
9
this Ordinance shall bring such facilities into compliance with such
10
revised standards and regulations within six months of their effective
11
date, unless a different compliance schedule is mandated by the
12
controlling agency. Failure to bring towers and antennas into
13
compliance with such revised standards and regulations shall
14
constitute grounds for removal of the tower or antenna at the
15
owner's expense.
12. Buildina Codes & Safety Standards.
a. To ensure the structural integrity of telecommunications towers,
the owner shall construct and maintain the telecommunications
tower in compliance with the South Florida Building Code, and
all other applicable codes and standards, as amended from time
to time. A statement shall be submitted to the City by a
professional engineer certifying compliance with this subsection
upon completion of construction and, or, subsequent
modification. Where a pre- existing structure, including light and
power poles, is requested to be used as a stealth facility, the
facility, and all modifications to it, shall comply with all
requirements, as provided in this Ordinance. Following the
issuance of a building permit, the City shall require the owner to
provide a professional analysis of a soil boring from the base of
the telecommunications tower site to assure integrity of
foundation.
b. The City reserves the right to conduct periodic inspection of
telecommunications towers to ensure structural and electrical
integrity. If, upon inspection, the City concludes that a tower
fails to comply with any building or safety codes and industry
construction or maintenance standards, and constitutes a danger
to persons or property, then upon notice, the owner of the tower
shall have 30 days to bring the tower into compliance. Failure to
bring the tower into compliance within 30 days from receipt of
notice shall constitute grounds imposing a fine and for removal
of the tower or antenna at the owner's expense.
Page 11 of 17
13. Signage. No signs, including commercial advertising, logo, political
signs, flyers, flags, or banners, whether or not posted temporarily,
shall be permitted on any part of an antenna or telecommunication
tower, except for warning, danger or other signs designed to
maintain public safety.
14. Securi1y. Telecommunications facilities shall be enclosed by
security fencing and shall also be equipped with an appropriate anti -
climbing device provided, however, that the City may waive such
requirements.
15. Measurement. For purposes of measurement, telecommunication
tower setbacks and separation distances shall be calculated and
applied to facilities located in the City irrespective of municipal and
county jurisdictional boundaries.
16. Not Essential Services. Towers and antennas shall be regulated and
permitted pursuant to this Ordinance and shall not be regulated or
permitted as essential services, public utilities or private utilities.
17. Franchises and Licenses. Owners and, or, operators of towers or
antennas shall certify that all franchises required by law for the
construction or operation of a wireless telecommunication system in
the City have been obtained and shall file a copy of all such
franchises with the City.
18. Inspections; Reports; Fees.
a. Telecommunication tower owners shall submit a report to the
City certifying structural and electrical integrity every two years.
The report shall be accompanied by a non - refundable fee of
$200.00 to reimburse the City for the cost of review.
b. The City may conduct periodic inspection of telecommunications
towers, at the owner's expense, to ensure structural and electrical
integrity and compliance with the provisions of this Ordinance.
The owner of the telecommunications tower may be required by
the City to have more frequent inspections should there be an
emergency, extraordinary conditions or other reason to believe
that the structural and electrical integrity of the
telecommunication tower is jeopardized. There shall be a
maximum of one inspection per year unless emergency or
extraordinary conditions warrant additional inspections.
Page 12 of 17
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2 19. Bondina. The owner of a telecommunications tower shall prior to
3 commencing construction post a bond equal to an amount no less
4 than $25,000, which bond shall be posted to insure the obligation
5 identified in Section 20 -10.9.
6
7
8 20 -10.5 Permitted Uses
9 The permitted uses shall be divided into those uses which can be approved
lo administratively and those which must be approved pursuant to the special use process.
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12 (A) The following uses may be approved by the City Manager [or the
13 Manager's designee] after ERPB approval:
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15 1. Stealth Facilities.
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17 a.. Stealth rooftop or building mounted antennas, not exceeding 25
18 feet above the roofline and 10 feet above the maximum height of
19 the applicable zoning district, shall be permitted as an accessory
20 use in the following zoning districts:
21
22 RM -24 Medium Density Multi - Family
23 MO Medium - Intensity Office
24 SR Specialty Retail
25 TODD Transit - Oriented Development District
26 PI Public/Institutional
27 PR Parks and Recreation
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29 b. Stealth towers not exceeding 150 feet in height shall be permitted
30 as a principal or accessory use in the following zoning districts:
31
32 RM -24 Medium Density Multi- Family
33 MO Medium - Intensity Office
34 SR Specialty Retail
35 TODD Transit - Oriented Development District
36 PI Public/Institutional
37 PR Parks and Recreation
38
39 c. Upon receipt of the appropriate application, the City Manager, at
40 his or her sole discretion, will determine the application's
41 consistency with the definition of a stealth facility.
42
43 2. Non - Stealth Facilities.
Page 13 of 17
a. Non - Stealth antennas mounted to buildings or rooftops, not
exceeding 15 feet above the roofline and 5 feet above the
maximum height of the applicable zoning district, shall be
permitted as an accessory use in the following zoning districts:
MU -5 /TODD Transit- Oriented Development District
b. Any non - stealth building or rooftop antennas approved
administratively shall only be permitted on buildings in excess of
40 feet in height.
(B) The following uses may be permitted through the special use process:
1. Stealth Facilities.
a. Stealth rooftop or building mounted antennas, not exceeding 15
feet above the roofline and 10 feet above the maximum height of
the applicable zoning district, shall be permitted as an accessory
use pursuant to special use approval in the following zoning
districts:
LO
Low Intensity Office
GR
General Retail
NR
Neighborhood Retail
H
Hospital
PUD
Planned Unit Development
b. Stealth towers not exceeding 80 feet in height shall be permitted
as an accessory use pursuant to special use approval in the
following zoning districts:
H Hospital
PUD Planned Unit Development
c. Upon receipt of the appropriate application, the City Manager, at
his or her sole discretion, will determine the application's
consistency with the definition of a stealth facility.
d. Residential Planned Unit Developments shall not be a permitted
location for telecommunication facilities.
2. Non - Stealth Facilities.
Page 14 of 17
1
2 a. Non - Stealth antennas mounted to buildings or rooftops, not
3 exceeding 15 feet above the roofline and 5 feet above the
4 maximum height of the applicable zoning district, shall be
5 permitted as an accessory use pursuant to special use approval in
6 the following zoning districts:
7
8 RM -24 Medium Density Multi - Family
9 MO Medium - Intensity Office
10 SR Specialty Retail
11 MU- 4/MU -5 /TODD Transit- Oriented Development District
12 PI Public/Institutional
13 PR Parks and Recreation
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15 b. Any non - stealth building or rooftop antennas permitted pursuant
16 to special use approval shall only be permitted on buildings in
17 excess of 30 feet in height.
18
19 c. Monopoles not exceeding 150 feet in height may be permitted in
20 the following zoning districts pursuant to special use approval:
21
22 PI Public/Institutional
23
24 20 -10.6 Procedure for Special Use.
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26 Any of the permitted special uses in this Article may be approved and permitted
27 by the City Commission at a public hearing, after a recommendation by the Planning
28 Board, provided that the use complies with the requirements of this Article, Section 20-
2 9 3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use
3o approvals," and any other requirements and conditions the City Commission may
31 consider appropriate and necessary.
32
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34 20 -10.7 Prohibitions and Exceptions.
35
36 (A) The location of a new antenna in any zoning district other than those
37 districts specified in this section shall be prohibited, except as specified below:
38
39 1. Antenna and or microwave dishes may be located on franchised utility
40 poles or poles owned by the City pursuant to the following regulations:
41
42 a. The utility poles shall be located within public easements or
43 public rights -of -way.
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b. Fees related to utility pole installation:
(1) A license application fee shall be paid
(2) An Engineering permit fee shall be paid if the pole is
replaced to accommodate telecommunications equipment.
(3) An annual Occupational License tax shall be paid.
c. The antenna and, or, dish shall be of a size and placement that is
structurally compatible with the engineering design of the pole
pursuant to the South Florida Building Code and certified by a
registered Engineer.
d. The antenna or dish shall not extend more than 10 feet above the
existing pole height. If the pole is replaced to withstand the
addition of telecommunications equipment, then the same
restriction shall apply except that the utility pole may be 10 feet
higher than the adjacent pole heights.
e. Placement of an antenna and, or, a dish on a utility pole shall
only be on poles owner or operated by a city franchisee or the
City.
f. No commercial advertising shall be allowed on the antenna or
dish.
20 -10.8 Accessory Equipment Building.
Accessory equipment buildings used in conjunction with the operation and
maintenance of Antennas shall be permitted subject to the following requirements:
(A) ERPB approval is required.
(B) Must conform to the applicable zoning district's dimensional standards.
(C) If the site is already occupied by a principal building, the provider shall
attempt to utilize the existing building for its antenna- related equipment. If the provider is
unable to use the existing building, it must provide a report to the City describing the
reasons which disallow it from using the existing building.
(D) Shall be designed, constructed, and installed in compliance with this Code,
the South Florida Building Code, and all other applicable codes.
20 -10.9 Removal of Abandoned Telecommunication Facilities.
(A) At the time of building permit application, the applicant shall enter into a
contractually enforceable agreement with the City that requires the applicant, or the
owner of the facility, to remove the telecommunication tower structure, at his or her sole
cost, upon its abandonment.
Page 16 of 17
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(B) In the event the approved use of a telecommunication tower has been
discontinued for a period of 180 consecutive days, the tower shall be deemed to be
abandoned. Determination of the date of abandonment shall be made by the City
Manager, who shall have the power to request documentation and, or, affidavits from the
owner regarding the use.
(C) The City Manager shall provide the owner with written notice, by certified
mail, of an abandonment determination. The failure or refusal by the owner to respond
within 60 days of receipt of the notice shall constitute prima facie evidence that the
telecommunication tower has been abandoned.
(D) If the owner fails to respond or fails to demonstrate that the tower is not
abandoned, the City Manager shall render a finding that the tower is abandoned and the
owner of the antenna shall have an additional 120 days within which to (i) reactivate the
use of the tower or to transfer the tower to another owner who makes actual use of the
tower within the time period, or (ii) dismantle and remove the tower. At the earlier of
121 days from the dated of the entry of a finding of abandonment, without reactivation,
or upon completion of dismantling and removal, any special use approval shall
automatically expire.
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 13th day of October, 1998.
ATTEST:
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Page 17 of 17
= CITY OF SOUTH MIAMI
vINTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: October 6, 1998
Agenda Item #
From: Charles D. Scurr Re: Comm. Mtg. 10/06/98
City Manager Second Reading:
Telecommunications Ordinance
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACILITIES; AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY DELETING SECTION 20- 5.23(B), ENTITLED
"MICROWAVE ANTENNAS," AND CREATING ARTICLE X,
ENTITLED "SITING REGULATIONS FOR
TELECOMMUNICATION TOWERS AND ANTENNAS;"
PROVIDING FOR INTENT, DEFINITIONS, APPLICABILITY,
GENERAL REQUIREMENT AND MINIMUM STANDARDS,
PERMITTED USES, PROCEDURE FOR SPECIAL USE,
EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In 1996, the Congress of the United States adopted the Telecommunications Act, providing for
federal regulation of wireless telecommunications, a technology of wireless voice, video and data
communications systems which requires land -based facilities that impact planning and zoning
concerns in the City of South Miami and throughout the United States.
Pursuant to the Federal Telecommunications Act, the City "shall not prohibit or have the effect
of prohibiting the provision of personal wireless services" or "shall not unreasonably
City Manager's Report: Telecommunication Tower Ordinance
discriminate among providers of functionally equivalent services," but it does retain the ability to
regulate the placement, construction and modification of cellular telephone facilities and other
"personal wireless telecommunications" service facilities.
Currently, the Land Development Code contains antiquated regulations regarding antennas and
wireless communication facilities; therefore, on January 20, 1998, the Mayor & City
Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on
the acceptance and review of applications relating to telecommunication towers in order to
prepare and adopt minimum standards for the location and approval of telecommunication
towers. On June 9, 1998, the Mayor & City Commission adopted a 90 -day extension of the
moratorium, extending the moratorium through October 17, 1998, in order to provide time for
public involvement and the development of the best possible standards.
On June 23, 1998, the Mayor & City Commission and the Planning Board held a joint workshop,
which included staff, telecommunication industry representatives, and citizens, in order to
discuss such standards.
On September 28, 1998, the City Commission and Planning Board held an additional workshop
to discuss the proposed regulations found in the attached ordinance. Although the Planning
Board and staff have worked diligently to create the ordinance, the City would benefit from
further exploration of the complex issues surrounding this item. Additionally, the Mayor & City
Commission requested that the telecommunication industry provide the City with propagation
maps, pictures of existing facilities, and other supplementary information. These materials have
not yet been received and are integral to drafting the best possible regulations. Therefore, an
ordinance has been put on the agenda for first reading, which would extend the existing
telecommunication moratorium an additional 45 days. This time period will allow the
telecommunication industry to submit the requested information, enabling the further refinement
of the attached ordinance.
RECOMMENDATION: Table the Ordinance until November 3,1998.
Attachment:
Proposed Ordinance
City Manager's Report: Telecommunication Tower Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACITIES; AMENDING CHAPTER 20
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
BY DELETING SECTION 20- 5.23(8), ENTITLED "MICROWAVE
ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING
REGULATIONS FOR TELECOMMUNICATION TOWERS AND
ANTENNAS;" PROVIDING FOR INTENT, DEFINITIONS,
APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM
STANDARDS, PERMITTED USES, PROCEDURE FOR SPECIAL
USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
20 WHEREAS, the Congress of the United States adopted the Telecommunications
21 Act of 1996, providing for federal regulation of wireless telecommunications, a
22 technology of wireless voice, video and data communications systems, which requires
23 land -based facilities that impact planning and zoning concerns in the City and throughout
24 the United States; and,
25
26 WHEREAS, the Mayor & City Commission find that it is in the public interest to
27 permit the siting of wireless communication towers and antennas within the municipal
28 boundaries; and,
29
30 WHEREAS, the City has received, and expects to receive additional, requests
31 from telecommunication service providers to site wireless telecommunication towers and
32 antennas within the municipal boundaries and the City is authorized by federal, state and
33 local law to regulate the siting of such towers and antennas; and,
34
35 WHEREAS, it is the intent of the Mayor and City Commission to provide
36 reasonable accommodation, and to promote and encourage fair and reasonable
37 competition, among telecommunication service providers, or providers of functionally
38 equivalent services, on a neutral and non - discriminatory basis; and,
39
40 WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
41 locations in priority order of use and, further, to provide the requirements and standards
42 to permit the siting of wireless telecommunication towers and antennas within the
43 municipal boundaries, with due consideration to the City's comprehensive plan, Land
Page 1 of 17
i Development Code, existing patterns of development and environmentally sensitive
2 areas, including hurricane preparedness areas; and,
3
4 WHEREAS, by providing regulatory requirements and standards, it is the City's
5 intent to protect and promote the health, safety and welfare of its citizens and residents,
6 the traveling public, and other persons in a manner that will minimize both the number of
7 towers and antennas as well as the adverse visual impact and other potential damage by
a these facilities through encouraging collocation and shared use of new and pre - existing
9 telecommunication facilities, through incentives, careful design, engineering, siting,
lo landscape screening and innovative camouflaging techniques.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14
15 Section 1. Chapter 20 of the Land Development Code of the City of South Miami is
16 amended by deleting Section 20- 5.23(B), entitled "Microwave Antennas."
17
18 Section 2. Chapter 20 of the Land Development Code of the City of South Miami is
19 amended by creating Article X, entitled "Siting Regulations for Telecommunication
2o Towers and Antennas" to read as follows:
21
22 Article X. "SITING REGULATIONS FOR TELECOMMUNICATION
23 TOWERS"
24
25 20 -10.1 Intent.
26 The regulations and requirements of this Article are intended to:
27
28 (A) promote the health, safety and general welfare of the citizens by
29 regulating the siting of wireless communication facilities;
30
31 (B) accommodate the growing need and demand for wireless
32 communication services;
33
34 (C) provide for the appropriate location and development of wireless
35 communication facilities within the City of South Miami;
36
37 (D) minimize adverse visual effects of wireless communication facilities
38 through careful design, siting, landscape screening and innovative
39 camouflaging techniques;
40
Page 2 of 17
1 (E) encourage the location and collocation of antennas on existing
2 structures thereby minimizing new visual impacts and reducing the
3 need for additional antenna support structures; and
4
5 (F) minimize potential damage to property from telecommunications
6 towers and telecommunications facilities by requiring such
7 structures be soundly designed, constructed, modified and
8 maintained.
9
lo 20 -10.2 Definitions.
11
12 Accessory equipment building — Any building, cabinet or equipment enclosure
13 constructed for the primary purpose of housing the electronics, backup power, power
14 generators and other free standing equipment associated with the operation of antennas.
15
16 Alternative site — One or more separate locations within the search ring at which a
17 provider could place its antenna to serve substantially all of the are intended to be served
18 by the site requiring a special exception. Alternative sites must be available to the
19 provider on commercially reasonable terms.
20
21 Antenna — A transmitting and /or receiving device mounted on a telecommunications
22 tower, building or structure and used for wireless communication services which radiates
23 or captures electromagnetic waves, digital signals, analog signals, radio frequencies
24 (excluding radar signals), wireless telecommunication signals or other communication
25 signals, including directional antennas, such as panel and microwave dish antennas, and
26 Omni- directional antennas such as whips, but excluding radar antennas, amateur radio
27 antennas, satellite earth stations, and single- family use of television antennas.
28
29 Antenna support structure — A facility that is constructed and designed primarily for the
30 support of antennas, which include the following types: (i) guyed tower, (ii) lattice tower,
31 (iii) monopole, and (iv) stealth tower.
32
33 Collocation — When more than one FCC licensed provider uses a telecommunication
34 tower antenna support structure to attach antennas.
35
36 Existing structures — Any lawfully constructed man -made structure including but not
37 limited to antenna support structures, buildings, utility structures, light poles, clock
38 towers, bell towers, steeples, water towers and the like, which allow for the attachment of
39 antennas.
40
41 FAA — The Federal Aviation Administration.
42
43 FCC — The Federal Communications Commission.
Page 3 of 17
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Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy
wires and ground anchors.
Lattice tower - A telecommunication tower that consists of vertical and horizontal
supports and crossed metal braces, which is usually triangular or square in a cross -
section.
Microwave - A dish -like antenna used to link wireless communication services sites
together by wireless transmission of voice or data.
Monopole tower - A telecommunication tower consisting of a single pole or spire self -
supported by a permanent foundation, and constructed without guy wires and ground
anchors.
Panel antenna - An array of antennas designed to concentrate a radio signal in a
particular area.
Provider — An FCC licensed communications company.
Roofline —The overall ridge line of the structure which does not include cupolas, elevator
towers, clock towers or other features that are permitted to exceed the maximum height
of the building.
Search ring — A geographic area in which a provider intends to locate an antenna to serve
the provider's coverage area.
Self - support or lattice tower - A telecommunication tower that is constructed without guy
wires and ground anchors.
Stealth facility — Any telecommunication facility which is designed to blend into the
surrounding environment. Examples of stealth facilities include, but are not limited to,
architecturally screened, roof - mounted antennas, antennas integrated into architectural
elements, and telecommunication towers designed to look like light poles, power poles or
trees.
Stealth tower — A structure designed to support antenna and blend into the existing
surroundings.
Telecommunication tower — A guyed, monopole, self - support/lattice tower, or stealth
tower constructed as a free- standing structure, containing one or more antennas intended
to be used for personal wireless services, telephone, radio or a similar communication
service. The term includes, but is not limited to, radio and television transmission towers,
Page 4 of 17
1 microwave towers, common carrier towers, cellular telephone towers and stealth towers.
2 The term does not include a tower that provides only open video services, radar towers,
3 amateur radio support structures licensed by the FCC, or single - family residential use of
4 satellite dishes, television antennas and satellite earth stations installed in accordance
5 with applicable codes.
6
7 Whip antenna — A cylindrical antenna that transmits signals in 360 degrees.
s
9
10 20 -10.3 Applicability.
11
12 (A) All new towers or antennas, and modifications to existing towers and
13 antennas, in the City shall be subject to these regulations, except as provided for in
14 paragraphs 1 and 2, below:
15
16 1. These regulations shall not apply to any tower, or installation of any
17 antenna, that is for the use of an open video broadcast -only facility, or is
18 owned and operated by a federally - licensed amateur radio station operator,
19 or is used exclusively for receive -only antennas.
20
21 2. Pre - existing towers and pre- existing antennas shall not be required to meet
22 the requirements of these regulations, except to comply with the
23 requirements of the non - conforming provisions of the Land Development
24 Code.
25
26
27 20 -10.4 General Requirements and Minimum Standards.
2s
29 (A) Applicants regulated by this Ordinance may request a pre- application
30 conference with the City. Such request shall be submitted with a non - refundable fee of
31 $500.00 to reimburse the City for the cost and fees incurred by the conference.
32
33 (B) Each applicant shall apply to the City for a permit providing the
34 information as required by this Ordinance and a nonrefundable fee of $1,500 to reimburse
35 the City for the costs of reviewing the application.
36
37 (C) The City shall review the application and determine if the proposed use
38 complies with applicable Sections of this Ordinance and other regulations. Every new
39 telecommunication tower and antenna shall be subject to the following minimum
40 standards:
41
42 1. Lease Required. Any construction, installation or placement of a
43 telecommunications facility on any property owned, leased or
Page 5 of 17
otherwise controlled by the City shall require a Lease Agreement
executed by the City and the owner of the facility.
4 The City may require, as a condition of entering into a Lease
5 Agreement with a telecommunications service provider, the
6 dedication of space on the facility for public health, safety and
7 communication purposes, as well as property improvement on the
s leased space. Any dedications and improvements shall be negotiated
9 prior to execution of the lease.
2. Principal or Accessory Use. Towers and antennas may be
considered either principal or accessory uses. A different existing
use of an existing structure on the same lot shall not preclude the
installation of a tower or antenna on the same lot.
3. Lot Size. For purposes of determining whether the installation of a
tower or antenna complies with zoning regulations, the dimensions
of the entire lot shall control, even though the towers or antennas are
proposed to be located on leased parcels within such lot.
4. ERPB Review. The Environmental Review and Preservation Board
(ERPB) shall review and recommend approval, disapproval or
modification on all site plans, projects and specifications relating to
applications for new telecommunication towers and antennas, and
modifications to existing towers and antennas. The ERPB's review
shall include, but not be limited to, those design criteria specifically
enumerated by this ordinance and all other applicable criteria, as
outlined by the Land Development Code.
5. He_ eight. All towers shall be as low in height as technologically and
economically feasible, provided that no tower shall exceed 150 feet
in height.
6. Setbacks. Towers must be setback a minimum distance of 110% of
the height of the telecommunications tower from the property line.
This requirement may be waived by the City Manager.
7. Inventory of Existing Sites. Each applicant shall review the City's
inventory of existing telecommunications towers, antennas, and
approved sites. All requests for sites shall include specific
information about the proposed location, height and design of the
proposed telecommunications tower, structure, or state of the art
technology that does not require the use of new telecommunications
Page 6 of 17
1
towers, or new structures can accommodate, or be modified to
2
accommodate, the applicant's proposed antenna. Evidence
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submitted to demonstrate that no existing telecommunications tower,
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structure or state of the art technology is suitable shall consist of any
5
of the following:
6
_ 7
a. An affidavit demonstrating that the applicant made diligent
8
efforts to seek permission to install or collocate the applicant's
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telecommunications facilities on City -owned telecommunications
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towers or usable antenna support structures located within a 1/2
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mile radius of the proposed telecommunications tower site.
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b. An affidavit demonstrating that the applicant made diligent
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efforts to install or collocate the applicant's telecommunications
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facilities on towers or useable antenna support structures owned
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by other persons located within a 1/2 mile radius of the proposed
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telecommunications tower site.
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c. An affidavit demonstrating that existing towers or structures
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located within the geographic search area as determined by a
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radio frequency engineer do not have the capacity to provide
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reasonable technical service consistent with the applicant's
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technical system, including but not limited to, applicable FCC
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requirements.
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d. Existing towers or structures are not of sufficient height to meet
24
applicable FCC requirements.
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e. Existing towers or structures do not have sufficient structural
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strength to support applicant's proposed antenna and related
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equipment.
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f. The applicant's proposed antenna would cause electromagnetic
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or radio frequency interference with the antenna on the existing
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towers or structures, or the antenna on the existing towers or
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structures could cause interference with the applicant's proposed
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antenna.
33
g. The fees, cost, or contractual provisions required by the owner in
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order to share an existing telecommunications tower or structure
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or to adapt an existing telecommunications tower or structure for
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sharing are unreasonable[ "unreasonable" means a cost in excess
37
of the cost to construct a new telecommunications tower].
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h. The applicant demonstrates that there are other limiting factors
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that render existing towers and structures unsuitable.
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i. The applicant demonstrates that state of the art technology used
41
in the wireless telecommunications business and within the scope
42
of applicant's FCC license, is unsuitable. Costs of state of the art
43
technology that exceed new telecommunications tower or
Page 7 of 17
1 antenna development shall not by itself be presumed to render
2 the technology unsuitable.
3 j. Any additional information required by the City. If the City does
4 not accept the full evaluation as provided as accurate, or if the
5 City disagrees with any part of the evaluation, the City may hire
6 the appropriate professionals to assess the submitted evaluation
7 at the applicant's expense.
This information is public record. The City does not warrant or
represent that the information is accurate or that the sites are
available or suitable.
8. Engineering Report. All applicants for new towers and antennas, or
for towers and antennas which are to be modified or reconstructed to
accommodate additional antennas, or for which a special use is
required, must present a certified report by a professional engineer
licensed to practice in the State of Florida, which shall include the
following:
a. A site plan which includes, without limitation, a legal description
of the parent tract and leased parcel, if applicable; on -site and
adjacent land uses and zoning classifications; and, a visual
impact analysis and photo digitalization of the
telecommunications tower and all attachments including
associated buildings and equipment containers, close -up and at
distances of 250 feet and 500 feet from all properties within that
range, or at other points agreed upon in a pre- application
conference.
b. An analysis of any additional impacts on adjacent properties.
c. If applicable, a narrative of why the proposed
telecommunications tower cannot comply with the requirements
as stated in this Section.
d. Type of telecommunications tower and specifics of design.
e. Current wind - loading capacity and projection of wind - loading
capacity using different types of antennas as contemplated by the
applicant. No telecommunications tower shall be permitted to
exceed its wind loading capacity as provided for by the South
Florida Building Code.
f. A statement of non - interference, which states that the
construction and operation of the tower, including reception and
transmission functions, will not interfere with public safety
communication, or with the visual and customary transmission or
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reception of radio, television, or similar services, as well as other
wireless services enjoyed by adjacent properties.
g. A statement of compliance with all applicable building codes,
associated regulations and safety standards as provided herein.
For all towers attached to existing structures, the statement shall
include certification that the structure can support the load
superimposed by the telecommunications tower. Except where
provided herein, all towers shall have the capacity to permit
multiple users; at a minimum, monopole towers shall be able to
accommodate 2 users and, at a minimum, self - support of lattice
or guyed towers shall be able to accommodate 3 users.
h. Any additional information deemed by the City to be necessary
to assess compliance with this Ordinance.
9. Collocation. Pursuant to the intent of this Ordinance, collocation of
telecommunication antennas by more than one provider on existing
telecommunication towers shall take precedence over the
construction of new telecommunication towers. Accordingly, in
addition to submitting the information required by Section 20-
10.4(A)(6), each application shall include a written report certified
by a professional engineer licensed to practice in the State of
Florida, stating:
a. the geographical service area requirements;
b. mechanical or electrical incompatibility;
c. any restrictions or limitations of the FCC that would preclude the
shared use of the telecommunication tower; and
d. any additional information required by the City.
To encourage a reduction in the number of towers that may be
required to site antennas in order to meet the City's increasing
demand for wireless service, new towers shall be structurally
designed to accommodate the collocation of antennas as follows:
a. All towers over 80 feet and up to 150 feet in height shall be
structurally designed to accommodate at least two Providers.
10. Collocation Incentive. Pursuant to the intent of this Ordinance, the
City shall provide the following incentive to service providers:
a. The review of all applications submitted by providers seeking to
collocate on a pre - existing telecommunications tower or to rent
space on a proposed new telecommunications tower, shall be
Page 9 of 17
1
completed by the City no more than 30 days following the filing
2
of a completed application as provided in this Ordinance.
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10. Aesthetics. Towers and antennas shall meet the following
5
requirements:
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a. All applications for the installation of new towers, antennas or
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accessory equipment buildings, or the modification of existing
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towers, antennas or accessory equipment buildings shall be
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reviewed by the ERPB as provided in this Code.
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b. Towers shall either maintain a galvanized steel finish or, if
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allowed by FAA standards, shall be painted a neutral color to
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reduce visual obtrusiveness.
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c. The design of accessory buildings and related structures shall use
15
materials, colors, textures, screening, and landscaping that will
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blend them into the natural setting and surrounding buildings to
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minimize visual impact, as determined by the ERPB.
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d. All telecommunications tower sites must comply with any
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landscaping requirements of the City Land Development Code
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and all other applicable aesthetic and safety requirements of the
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city, and the City may require landscaping in excess of those
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requirements in order to enhance compatibility with adjacent
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residential and non - residential land uses.
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e. If an antenna is installed on a structure other than a tower, the
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antenna and supporting electrical and mechanical equipment
26
must be of a color that is neutral, identical to, or compatible with
27
the color of the supporting structure, as determined by the ERPB,
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to make the antenna and related equipment as visually
29
unobtrusive as possible.
30
f. No signals, artificial lights or illumination shall be permitted on
31
any tower or antenna unless required by the FAA. If lighting is
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required, the lighting alternatives and design chosen must cause
33
the least disturbance to the surrounding views. To the maximum
34
extent possible, lighting shall be oriented away from residential
3 5
districts.
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11. Local, State or Federal Requirements The construction, operation,
38
maintenance and repair of telecommunications facilities are subject
39
to the regulatory supervision of the City, and shall be performed in
40
compliance with all laws and practices affecting the subject,
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including, but not limited to, the Land Development Code, building
42
code and safety codes. The construction, operation and repair shall
43
be performed in a manner consistent with the applicable industry
Page 10 of 17
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standards, including the Electronic Industries Association. All
towers and antennas must meet or exceed current standards and
regulations of the FAA and the FCC, including emission standards.
They must meet the requirements of all federal, state and local
government agencies with the authority to regulate towers and
antennas prior to issuance of a building permit by the City. If such
standards and regulations are changed and require retroactive
application, then the owners of the towers and antennas governed by
this Ordinance shall bring such facilities into compliance with such
revised standards and regulations within six months of their effective
date, unless a different compliance schedule is mandated by the
controlling agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall
constitute grounds for removal of the tower or antenna at the
owner's expense.
12. Buildina Codes & Safety Standards.
a. To ensure the structural integrity of telecommunications towers,
the owner shall construct and maintain the telecommunications
tower in compliance with the South Florida Building Code, and
all other applicable codes and standards, as amended from time
to time. A statement shall be submitted to the City by a
professional engineer certifying compliance with this subsection
upon completion of construction and, or, subsequent
modification. Where a pre- existing structure, including light and
power poles, is requested to be used as a stealth facility, the
facility, and all modifications to it, shall comply with all
requirements, as provided in this Ordinance. Following the
issuance of a building permit, the City shall require the owner to
provide a professional analysis of a soil boring from the base of
the telecommunications tower site to assure integrity of
foundation.
b. The City reserves the right to conduct periodic inspection of
telecommunications towers to ensure structural and electrical
integrity. If, upon inspection, the City concludes that a tower
fails to comply with any building or safety codes and industry
construction or maintenance standards, and constitutes a danger
to persons or property, then upon notice, the owner of the tower
shall have 30 days to bring the tower into compliance. Failure to
bring the tower into compliance within 30 days from receipt of
notice shall constitute grounds imposing a fine and for removal
of the tower or antenna at the owner's expense.
Page 11 of 17
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13.
Signage. No signs, including commercial advertising, logo, political
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signs, flyers, flags, or banners, whether or not posted temporarily,
4
shall be permitted on any part of an antenna or telecommunication
5
tower, except for warning, danger or other signs designed to
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maintain public safety.
_ 7
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14.
Securi1y. Telecommunications facilities shall be enclosed by
9
security fencing and shall also be equipped with an appropriate anti -
10
climbing device provided, however, that the City may waive such
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requirements.
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15.
Measurement. For purposes of measurement, telecommunication
14
tower setbacks and separation distances shall be calculated and
1s
applied to facilities located in the City irrespective of municipal and
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county jurisdictional boundaries.
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16.
Not Essential Services. Towers and antennas shall be regulated and
19
permitted pursuant to this Ordinance and shall not be regulated or
20
permitted as essential services, public utilities or private utilities.
21
22
17.
Franchises and Licenses. Owners and, or, operators of towers or
23
antennas. shall certify that all franchises required by law for the
24
construction or operation of a wireless telecommunication system in
25
the City have been obtained and shall file a copy of all such
26
franchises with the City.
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18.
Inspections; Reports; Fees.
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a. Telecommunication tower owners shall submit a report 'to the
31
City certifying structural and electrical integrity every two years.
32
The report shall be accompanied by a non - refundable fee of
33
$200.00 to reimburse the City for the cost of review.
34
b. The City may conduct periodic inspection of telecommunications
35
towers, at the owner's expense, to ensure structural and electrical
36
integrity and compliance with the provisions of this Ordinance.
37
The owner of the telecommunications tower may be required by
38
the City to have more frequent inspections should there be an
39
emergency, extraordinary conditions or other reason to believe
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that the structural and electrical integrity of the
41
telecommunication tower is jeopardized. There shall be a
42
maximum of one inspection per year unless emergency or
43
extraordinary conditions warrant additional inspections.
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19. Bonding. The owner of a telecommunications tower shall prior to
commencing construction post a bond equal to an amount no less
than $25,000, which bond shall be posted to insure the obligation
identified in Section 20 -10.9.
20 -10.5 Permitted Uses
The permitted uses shall be divided into those uses which can be approved
administratively and those which must be approved pursuant to the special use process.
(A) The following uses may be approved by the City Manager [or the
Manager's designee] after ERPB approval:
1. Stealth Facilities.
a. Stealth rooftop or building mounted antennas, not exceeding 25
feet above the roofline and 10 feet above the maximum height of
the applicable zoning district, shall be permitted as an accessory
use in the following zoning districts:
RM -24 Medium Density Multi- Family
MO Medium - Intensity Office
SR Specialty Retail
TODD Transit - Oriented Development District
PI Public/Institutional
PR Parks and Recreation
b. Stealth towers not exceeding 150 feet in height shall be permitted
as a principal or accessory use in the following zoning districts:
RM -24 Medium Density Multi - Family
MO
Medium - Intensity Office
SR
Specialty Retail
TODD
Transit- Oriented Development District
PI
Public/Institutional
PR
Parks and Recreation
c. Upon receipt of the appropriate application, the City Manager, at
his or her sole discretion, will determine the application's
consistency with the definition of a stealth facility.
2. Non - Stealth Facilities.
Page 13 of 17
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2 a. Non - Stealth antennas mounted to buildings or rooftops, not
3 exceeding 15 feet above the roofline and 5 feet above the
4 maximum height of the applicable zoning district, shall be
5 permitted as an accessory use in the following zoning districts:
6
7 MU -5 /TODD Transit- Oriented Development District
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9 b. Any non - stealth building or rooftop antennas approved
10 administratively shall only be permitted on buildings in excess of
11 40 feet in height.
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13 (B) The following uses may be permitted through the special use process:
14
15 1. Stealth Facilities.
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17 a. Stealth rooftop or building mounted antennas, not exceeding 15
18 feet above the roofline and 10 feet above the maximum height of
19 the applicable zoning district, shall be permitted as an accessory
20 use pursuant to special use approval in the following zoning
2 1 districts:
22
23 LO Low Intensity Office
24 GR General Retail
25 NR Neighborhood Retail
26 H Hospital
27 PUD Planned Unit Development
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29 b. Stealth towers not exceeding 80 feet in height shall be permitted
30 as an accessory use pursuant to special use approval in the
31 following zoning districts:
32
33 H Hospital
34 PUD Planned Unit Development
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36 c. Upon receipt of the appropriate application, the City Manager, at
37 his or her sole discretion, will determine the application's
38 consistency with the definition of a stealth facility.
39
40 d. Residential Planned Unit Developments shall not be a permitted
41 location for telecommunication facilities.
42
43 2. Non- Stealth Facilities.
Page 14 of 17
it
2 a. Non - Stealth antennas mounted to buildings or rooftops, not
3 exceeding 15 feet above the roofline and 5 feet above the
4 maximum height of the applicable zoning district, shall be
5 permitted as an accessory use pursuant to special use approval in
6 the following zoning districts:
_ 7
8 RM -24 Medium Density Multi- Family
9 MO Medium - Intensity Office
10 SR Specialty Retail
11 MU- 4/MU -5 /TODD Transit- Oriented Development District
12 PI Public /Institutional
13 PR Parks and Recreation
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15 b. Any non - stealth building or rooftop antennas permitted pursuant
16 to special use approval shall only be permitted on buildings in
17 excess of 30 feet in height.
18
19 c. Monopoles not exceeding 150 feet in height may be permitted in
20 the following zoning districts pursuant to special use approval:
21
22 PI Public/Institutional
23
24 20 -10.6 Procedure for Special Use.
25
26 Any of the permitted special uses in this Article may be approved and permitted
27 by the City Commission at a public hearing, after a recommendation by the Planning
28 Board, provided that the use complies with the requirements of this Article, Section 20-
2 9 3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use
3o approvals," and any other requirements and conditions the City Commission may
31 consider appropriate and necessary.
32
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34 20 -10.7 Prohibitions and Exceptions.
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36 (A) The location of a new antenna in any zoning district other than those
37 districts specified in this section shall be prohibited, except as specified below:
38
39 1. Antenna and or microwave dishes may be located on franchised utility
40 poles or poles owned by the City pursuant to the following regulations:
41
42 a. The utility poles shall be located within public easements or
43 public rights -of -way.
Page 15 of 17
1 b. Fees related to utility pole installation:
2 (1) A license application fee shall be paid
3 (2) An Engineering permit fee shall be paid if the pole is
4 replaced to accommodate telecommunications equipment.
5 (3) An annual Occupational License tax shall be paid.
6 c. The antenna and, or, dish shall be of a size and placement that is
7 structurally compatible with the engineering design of the pole
8 pursuant to the South Florida Building Code and certified by a
9 registered Engineer.
10 d. The antenna or dish shall not extend more than 10 feet above the
11 existing pole height. If the pole is replaced to withstand the
12 addition of telecommunications equipment, then the same
13 restriction shall apply except that the utility pole may be 10 feet
14 higher than the adjacent pole heights.
15 e. Placement of an antenna and, or, a dish on a utility pole shall
16 only be on poles owner or operated by a city franchisee or the
17 City.
18 f. No commercial advertising shall be allowed on the antenna or
19 dish.
20
21 20 -10.8 Accessory Equipment Building.
22
23 Accessory equipment buildings used in conjunction with the operation and
24 maintenance of Antennas shall be permitted subject to the following requirements:
25
26 (A) ERPB approval is required.
27
28 (B) Must conform to the applicable zoning district's dimensional standards.
29
30 (C) If the site is already occupied by a principal building, the provider shall
31 attempt to utilize the existing building for its antenna- related equipment. If the provider is
32 unable to use the existing building, it must provide a report to the City describing the
33 reasons which disallow it from using the existing building.
34
35 (D) Shall be designed, constructed, and installed in compliance with this Code,
36 the South Florida Building Code, and all other applicable codes.
37
38 20 -10.9 Removal of Abandoned Telecommunication Facilities.
39
40 (A) At the time of building permit application, the applicant shall enter into a
41 contractually enforceable agreement with the City that requires the applicant, or the
42 owner of the facility, to remove the telecommunication tower structure, at his or her sole
43 cost, upon its abandonment.
Page 16 of 17
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(B) In the event the approved use of a telecommunication tower has been
discontinued for a period of 180 consecutive days, the tower shall be deemed to be
abandoned. Determination of the date of abandonment shall be made by the City
Manager, who shall have the power to request documentation and, or, affidavits from the
owner regarding the use.
(C) The City Manager shall provide the owner with written notice, by certified
mail, of an abandonment determination. The failure or refusal by the owner to respond
within 60 days of receipt of the notice shall constitute prima facie evidence that the
telecommunication tower has been abandoned.
(D) If the owner fails to respond or fails to demonstrate that the tower is not
abandoned, the City Manager shall render a finding that the tower is abandoned and the
owner of the antenna shall have an additional 120 days within which to (i) reactivate the
use of the tower or to transfer the tower to another owner who makes actual use of the
tower within the time period, or (ii) dismantle and remove the tower. At the earlier of
121 days from the dated of the entry of a finding of abandonment, without reactivation,
or upon completion of dismantling and removal, any special use approval shall
automatically expire.
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 13`h day of October, 1998.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
Page 17 of 17
MAYOR
CITY OF SOUTH MIAMI
® INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: October 6, 1998
From: Charles D. Scurr
City Manager lwd ra-100
REQUEST:
Agenda Item # 10 441�7 Re: Comm. Mtg. 10/06/98
Second Reading:
Telecommunications Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACILITIES; AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY DELETING SECTION 20- 5.23(B), ENTITLED
"MICROWAVE ANTENNAS," AND CREATING ARTICLE X.
ENTITLED "SITING REGULATIONS FOR
TELECOMMUNICATION TOWERS AND ANTENNAS;"
PROVIDING FOR INTENT, DEFINITIONS, APPLICABILITY,
GENERAL REQUIREMENT AND MINIMUM STANDARDS,
PERMITTED USES, PROCEDURE FOR SPECIAL USE,
EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In 1996, the Congress of the United States adopted the Telecommunications Act, providing for
federal regulation of wireless telecommunications, a technology of wireless voice, video and data
communications systems which requires land -based facilities that impact planning and zoning
concerns in the City of South Miami and throughout the United States.
Pursuant to the Federal Telecommunications Act, the City "shall not prohibit or have the effect
of prohibiting the provision of personal wireless services" or "shall not unreasonably
City Manager's Report: Telecommunication Tower Ordinance
discriminate among providers of functionally equivalent services," but it does retain the ability to
regulate the placement, construction and modification of cellular telephone facilities and other
"personal wireless telecommunications" service facilities.
Currently, the Land Development Code contains antiquated regulations regarding antennas and
wireless communication facilities; therefore, on January 20, 1998, the Mayor & City
Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on
the acceptance and review of applications relating to telecommunication towers in order to
prepare and adopt minimum standards for the location and approval of telecommunication
towers. On June 9, 1998, the Mayor & City Commission adopted a 90 -day extension of the
moratorium, extending the moratorium through October 17, 1998, in order to provide time for
public involvement and the development of the best possible standards.
On June 23, 1998, the Mayor & City Commission and the Planning Board held a joint workshop,
which included staff, telecommunication industry representatives, and citizens, in order to
discuss such standards.
On September 28, 1998, the City Commission and Planning Board held an additional workshop
to discuss the proposed regulations found in the attached ordinance. Although the Planning
Board and staff have worked diligently to create the ordinance, the City would benefit from
further exploration of the complex issues surrounding this item. Additionally, the Mayor & City
Commission requested that the telecommunication industry provide the City with propagation
maps, pictures of existing facilities, and other supplementary information. These materials have
not yet been received and are integral to drafting the best possible regulations. Therefore, an
ordinance has been put on the agenda for first reading, which would extend the existing
telecommunication moratorium an additional 45 days. This time period will allow the
telecommunication industry to submit the requested information, enabling the further refinement
of the attached ordinance.
RECOMMENDATION: Table the Ordinance until November 3, 1998.
Attachment:
Proposed Ordinance
City Manager's Report: Telecommunication Tower Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
TELECOMMUNICATION FACITIES; AMENDING CHAPTER 20
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE
BY DELETING SECTION 20- 5.23(B), ENTITLED "MICROWAVE
ANTENNAS," AND CREATING ARTICLE X, ENTITLED "SITING
REGULATIONS FOR TELECOMMUNICATION TOWERS AND
ANTENNAS;" PROVIDING FOR INTENT, DEFINITIONS,
APPLICABILITY, GENERAL REQUIREMENT AND MINIMUM
STANDARDS, PERMITTED USES, PROCEDURE FOR SPECIAL
USE, EXCEPTIONS, ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
19
20 WHEREAS, the Congress of the United States adopted the Telecommunications
21 Act of 1996, providing for federal regulation of wireless telecommunications, a
22 technology of wireless voice, video and data communications systems, which requires
23 land -based facilities that impact planning and zoning concerns in the City and throughout
24 the United States; and,
25
26 WHEREAS, the Mayor & City Commission find that it is in the public interest to
27 permit the siting of wireless communication towers and antennas within the municipal
28 boundaries; and,
29
30 WHEREAS, the City has received, and expects to receive additional, requests
31 from telecommunication service providers to site wireless telecommunication towers and
32 antennas within the municipal boundaries and the City is authorized by federal, state and
33 local law to regulate the siting of such towers and antennas; and,
34
35 WHEREAS, it is the intent of the Mayor and City Commission to provide
36 reasonable accommodation, and to promote and encourage fair and reasonable
37 competition, among telecommunication service providers, or providers of functionally
38 equivalent services, on a neutral and non - discriminatory basis; and,
M.11
40 WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
41 locations in priority order of use and, further, to provide the requirements and standards
42 to permit the siting of wireless telecommunication towers and antennas within the
43 municipal boundaries, with due consideration to the City's comprehensive plan, Land
Page 1 of 17
1 Development Code, existing patterns of development and environmentally sensitive
2 areas, including hurricane preparedness areas; and,
3
4 WHEREAS, by providing regulatory requirements and standards, it is the City's
5 intent to protect and promote the health, safety and welfare of its citizens and residents,
6 the traveling public, and other persons in a manner that will minimize both the number of
7 towers and antennas as well as the adverse visual impact and other potential damage by
8 these facilities through encouraging collocation and shared use of new and pre- existing
9 telecommunication facilities, through incentives, careful design, engineering, siting,
lo landscape screening and innovative camouflaging techniques.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14
15 Section 1. Chapter 20 of the Land Development Code of the City of South Miami is
16 amended by deleting Section 20- 5.23(B), entitled "Microwave Antennas."
17
18 Section 2. Chapter 20 of the Land Development Code of the City of South Miami is
19 amended by creating Article X, entitled "Siting Regulations for Telecommunication
2o Towers and Antennas" to read as follows:
21
22 Article X. "SITING REGULATIONS FOR TELECOMMUNICATION
23 TOWERS"
24
25 20 -10.1 Intent.
26 The regulations and requirements of this Article are intended to:
27
28 (A) promote the health, safety and general welfare of the citizens by
29 regulating the siting of wireless communication facilities;
30
31 (B) accommodate the growing need and demand for wireless
32 communication services;
33
34 (C) provide for the appropriate location and development of wireless
35 communication facilities within the City of South Miami;
36
37 (D) minimize adverse visual effects of wireless communication facilities
38 through careful design, siting, landscape screening and innovative
39 camouflaging techniques;
40
Page 2 of 17
1 (E) encourage the location and collocation of antennas on existing
2 structures thereby minimizing new visual impacts and reducing the
3 need for additional antenna support structures; and
4
5 (F) minimize potential damage to property from telecommunications
6 towers and telecommunications facilities by requiring such
7 structures be soundly designed, constructed, modified and
8 maintained.
9
10 20 -10.2 Definitions.
11
12 Accessory equipment building — Any building, cabinet or equipment enclosure
13 constructed for the primary purpose of housing the electronics, backup power, power
14 generators and other free standing equipment associated with the operation of antennas.
15
16 Alternative site — One or more separate locations within the search ring at which a
17 provider could place its antenna to serve substantially all of the are intended to be served
18 by the site requiring a special exception. Alternative sites must be available to the
19 provider on commercially reasonable terms.
20
21 Antenna — A transmitting and /or receiving device mounted on a telecommunications
22 tower, building or structure and used for wireless communication services which radiates
23 or captures electromagnetic waves, digital signals, analog signals, radio frequencies
24 (excluding radar signals), wireless telecommunication signals or other communication
25 signals, including directional antennas, such as panel and microwave dish antennas, and
26 omni- directional antennas such as whips, but excluding radar antennas, amateur radio
27 antennas, satellite earth stations, and single- family use of television antennas.
28
29 Antenna support structure — A facility that is constructed and designed primarily for the
30 support of antennas, which include the following types: (i) guyed tower, (ii) lattice tower,
31 (iii) monopole, and (iv) stealth tower.
32
33 Collocation — When more than one FCC licensed provider uses a telecommunication
34 tower antenna support structure to attach antennas.
35
36 Existing structures - Any lawfully constructed man -made structure including but not
37 limited to antenna support structures, buildings, utility structures, light poles, clock
38 towers, bell towers, steeples, water towers and the like, which allow for the attachment of
39 antennas.
40
41 FAA — The Federal Aviation Administration.
42
43 FCC — The Federal Communications Commission.
Page 3 of 17
1
2 Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy
3 wires and ground anchors.
4
5 Lattice tower - A telecommunication tower that consists of vertical and horizontal
6 supports and crossed metal braces, which is usually triangular or square in a cross-
- 7 section.
8
9 Microwave - A dish -like antenna used to link wireless communication services sites
10 together by wireless transmission of voice or data.
11
12 Monopole tower - A telecommunication tower consisting of a single pole or spire self -
13 supported by a permanent foundation, and constructed without guy wires and ground
14 anchors.
15
16 Panel antenna - An array of antennas designed to concentrate a radio signal in a
17 particular area.
18
19 Provider° — An FCC licensed communications company.
20
21 Roofline —The overall ridge line of the structure which does not include cupolas, elevator
22 towers, clock towers or other features that are permitted to exceed the maximum height
23 of the building.
24
25 Search ring — A geographic area in which a provider intends to locate an antenna to serve
26 the provider's coverage area.
27
28 Self - support or lattice tower - A telecommunication tower that is constructed without guy
29 wires and ground anchors.
30
31 Stealth facility — Any telecommunication facility which is designed to blend into the
32 surrounding environment. Examples of stealth facilities include, but are not limited to,
33 architecturally screened, roof - mounted antennas, antennas integrated into architectural
34 elements, and telecommunication towers designed to look like light poles, power poles or
35 trees.
36
37 Stealth tower — A structure designed to support antenna and blend into the existing
38 surroundings.
39
4o Telecommunication tower — A guyed, monopole, self-support/lattice tower, or stealth
41 tower constructed as a free - standing structure, containing one or more antennas intended
42 to be used for personal wireless services, telephone, radio or a similar communication
43 service. The term includes, but is not limited to, radio and television transmission towers,
Page 4 of 17
1 microwave towers, common carrier towers, cellular telephone towers and stealth towers.
2 The term does not include a tower that provides only open video services, radar towers,
3 amateur radio support structures licensed by the FCC, or single- family residential use of
4 satellite dishes, television antennas and satellite earth stations installed in accordance
5 with applicable codes.
6
7 Whip antenna — A cylindrical antenna that transmits signals in 360 degrees.
8
9
10 20 -10.3 Applicability.
11
12 (A) All new towers or antennas, and modifications to existing towers and
13 antennas, in the City shall be subject to these regulations, except as provided for in
14 paragraphs 1 and 2, below:
15
16 1. These regulations shall not apply to any tower, or installation of any
17 antenna, that is for the use of an open video broadcast -only facility, or is
18 owned and operated by a federally - licensed amateur radio station operator,
19 or is used exclusively for receive -only antennas.
20
21 2. Pre - existing towers and pre- existing antennas shall not be required to meet
22 the requirements of these regulations, except to comply with the
23 requirements of the non - conforming provisions of the Land Development
24 Code.
25
26
27 20 -10.4 General Requirements and Minimum Standards.
28
29 (A) Applicants regulated by this Ordinance may request a pre - application
30 conference with the City. Such request shall be submitted with a non - refundable fee of
31 $500.00 to reimburse the City for the cost and fees incurred by the conference.
32
33 (B) Each applicant shall apply to the City for a permit providing the
34 information as required by this Ordinance and a nonrefundable fee of $1,500 to reimburse
35 the City for the costs of reviewing the application.
36
37 (C) The City shall review the application and determine if the proposed use
38 complies with applicable Sections of this Ordinance and other regulations. Every new
39 telecommunication tower and antenna shall be subject to the following minimum,
40 standards:
41
42 1. Lease Required. Any construction, installation or placement of a
43 telecommunications facility on any property owned, leased or
Page 5 of 17
otherwise controlled by the City shall require a Lease Agreement
executed by the City and the owner of the facility.
4 The City may require, as a condition of entering into a Lease
5 Agreement with a telecommunications service provider, the
6 dedication of space on the facility for public health, safety and
7 communication purposes, as well as property improvement on the
8 leased space. Any dedications and improvements shall be negotiated
9 prior to execution of the lease.
2. Principal or Accessory Use. Towers and antennas may be
considered either principal or accessory uses. A different existing
use of an existing structure on the same lot shall not preclude the
installation of a tower or antenna on the same lot.
3. Lot Size. For purposes of determining whether the installation of a
tower or antenna complies with zoning regulations, the dimensions
of the entire lot shall control, even though the towers or antennas are
proposed to be located on leased parcels within such lot.
4. ERPB Review. The Environmental Review and Preservation Board
(ERPB) shall review and recommend approval, disapproval or
modification on all site plans, projects and specifications relating to
applications for new telecommunication towers and antennas, and
modifications to existing towers and antennas. The ERPB's review
shall include, but not be limited to, those design criteria specifically
enumerated by this ordinance and all other applicable criteria, as
outlined by the Land Development Code.
5. Height. All towers shall be as low in height as technologically and
economically feasible, provided that no tower shall exceed 150 feet
in height.
6. Setbacks. Towers must be setback a minimum distance of 110% of
the height of the telecommunications tower from the property line.
This requirement may be waived by the City Manager.
7. Inventory of Existing Sites. Each applicant shall review the City's
inventory of existing telecommunications towers, antennas, and
approved sites. All requests for sites shall include specific
information about the proposed location, height and design of the
proposed telecommunications tower, structure, or state of the art
technology that does not require the use of new telecommunications
Page 6 of 17
1
towers, or new structures can accommodate, or be modified to
2
accommodate, the applicant's proposed antenna. Evidence
3
submitted to demonstrate that no existing telecommunications tower,
4
structure or state of the art technology is suitable shall consist of any
5
of the following:
6
_ 7
a. An affidavit demonstrating that the applicant made diligent
8
efforts to seek permission to install or collocate the applicant's
9
telecommunications facilities on City -owned telecommunications
10
towers or usable antenna support structures located within a %2
11
mile radius of the proposed telecommunications tower site.
12
b. An affidavit demonstrating that the applicant made diligent
13
efforts to install or collocate the applicant's telecommunications
14
facilities on towers or useable antenna support structures owned
15
by other persons located within a '/2 mile radius of the proposed
16
telecommunications tower site.
17
c. An affidavit demonstrating that existing towers or structures
18
located within the geographic search area as determined by a
19
radio frequency engineer do not have the capacity to provide
20
reasonable technical service consistent with the applicant's
21
technical system, including but not limited to, applicable FCC
22
requirements.
23
d. Existing towers or structures are not of sufficient height to meet
24
applicable FCC requirements.
25
e. Existing towers or structures do not have sufficient structural
26
strength to support applicant's proposed antenna and related
27
equipment.
28
f. The applicant's proposed antenna would cause electromagnetic
29
or radio frequency interference with the antenna on the existing
30
towers or structures, or the antenna on the existing towers or
31
structures could cause interference with the applicant's proposed
32
antenna.
33
g. The fees, cost, or contractual provisions required by the owner in
34
order to share an existing telecommunications tower or structure
35
or to adapt an existing telecommunications tower or structure for
36
sharing are unreasonable[ "unreasonable" means a cost in excess
37
of the cost to construct a new telecommunications tower].
38
h. The applicant demonstrates that there are other limiting factors
39
that render existing towers and structures unsuitable.
40
i. The applicant demonstrates that state of the art technology used
41
in the wireless telecommunications business and within the scope
42
of applicant's FCC license, is unsuitable. Costs of state of the art
43
technology that exceed new telecommunications tower or
Page 7 of 17
antenna development shall not by itself be presumed to render
the technology unsuitable.
j. Any additional information required by the City. If the City does
not accept the full evaluation as provided as accurate, or if the
City disagrees with any part of the evaluation, the City may hire
the appropriate professionals to assess the submitted evaluation
at the applicant's expense.
This information is public record. The City does not warrant or
represent that the information is accurate or that the sites are
available or suitable.
8. Engineering Report. All applicants for new towers and antennas, or
for towers and antennas which are to be modified or reconstructed to
accommodate additional antennas, or for which a special use is
required, must present a certified report by a professional engineer
licensed to practice in the State of Florida, which shall include the
following:
a. A site plan which includes, without limitation, a legal description
of the parent tract and leased parcel, if applicable; on -site and
adjacent land uses and zoning classifications; and, a visual
impact analysis and photo digitalization of the
telecommunications tower and all attachments including
associated buildings and equipment containers, close -up and at
distances of 250 feet and 500 feet from all properties within that
range, or at other points agreed upon in a pre- application
conference.
b. An analysis of any additional impacts on adjacent properties.
c. If applicable, a narrative of why the proposed
telecommunications tower cannot comply with the requirements
as stated in this Section.
d. Type of telecommunications tower and specifics of design.
e. Current wind - loading capacity and projection of wind - loading
capacity using different types of antennas as contemplated by the
applicant. No telecommunications tower shall be permitted to
exceed its wind loading capacity as provided for by the South
Florida Building Code.
f. A statement of non - interference, which states that the
construction and operation of the tower, including reception and
transmission functions, will not interfere with public safety
communication, or with the visual and customary transmission or
Page 8 of 17
1
reception of radio, television, or similar services, as well as other
2
wireless services enjoyed by adjacent properties.
3
g. A statement of compliance with all applicable building codes,
4
associated regulations and safety standards as provided herein.
5
For all towers attached to existing structures, the statement shall
6
include certification that the structure can support the load
_ 7
superimposed by the telecommunications tower. Except where
s
provided herein, all towers shall have the capacity to permit
9
multiple users; at a minimum, monopole towers shall be able to
10
accommodate 2 users and, at a minimum, self - support of lattice
11
or guyed towers shall be able to accommodate 3 users.
12
h. Any additional information deemed by the City to be necessary
13
to assess compliance with this Ordinance.
14
15
9. Collocation. Pursuant to the intent of this Ordinance, collocation of
16
telecommunication antennas by more than one provider on existing
17
telecommunication towers shall take precedence over the
18
construction of new telecommunication towers. Accordingly, in
19
addition to submitting the information required by Section 20-
2 0
10.4(A)(6), each application shall include a written report certified
21
by a professional engineer licensed to practice in the State of
22
Florida, stating:
23
24
a. the geographical service area requirements;
25
b. mechanical or electrical incompatibility;
26
c. any restrictions or limitations of the FCC that would preclude the
27
shared use of the telecommunication tower; and
28
d. any additional information required by the City.
29
30
To encourage a reduction in the number of towers that may be
31
required to site antennas in order to meet the City's increasing
32
demand for wireless service, new towers shall be structurally
33
designed to accommodate the collocation of antennas as follows:
34
35
a. All towers over 80 feet and up to 150 feet in height shall be
36
structurally designed to accommodate at least two Providers.
37
38
10. Collocation Incentive. Pursuant to the intent of this Ordinance, the
39
City shall provide the following incentive to service providers:
40
41
a. The review of all applications submitted by providers seeking to
42
collocate on a pre - existing telecommunications tower or to rent
43
space on a proposed new telecommunications tower, shall be
Page 9 of 17
1
completed by the City no more than 30 days following the filing
2
of a completed application as provided in this Ordinance.
3
4
10. Aesthetics. Towers and antennas shall meet the following
5
requirements:
6
7
a. All applications for the installation of new towers, antennas or
8
accessory equipment buildings, or the modification of existing
9
towers, antennas or accessory equipment buildings shall be
10
reviewed by the ERPB as provided in this Code.
11
b. Towers shall either maintain a galvanized steel finish or, if
12
allowed by FAA standards, shall be painted a neutral color to
13
reduce visual obtrusiveness.
14
c. The design of accessory buildings and related structures shall use
15
materials, colors, textures, screening, and landscaping that will
16
blend them into the natural setting and surrounding buildings to
17
minimize visual impact, as determined by the ERPB.
18
d. All telecommunications tower sites must comply with any
19
landscaping requirements of the City Land Development Code
20
and all other applicable aesthetic and safety requirements of the
21
city, and the City may require landscaping in excess of those
22
requirements in order to enhance compatibility with adjacent
23
residential and non - residential land uses.
24
e. If an antenna is installed on a structure other than a tower, the
25
antenna and supporting electrical and mechanical equipment
26
must be of a color that is neutral, identical to, or compatible with
27
the color of the supporting structure, as determined by the ERPB,
28
to make the antenna and related equipment as visually
29
unobtrusive as possible.
30
f. No signals, artificial lights or illumination shall be permitted on
31
any tower or antenna unless required by the FAA. If lighting is
32
required, the lighting alternatives and design chosen must cause
33
the least disturbance to the surrounding views. To the maximum
34
extent possible, lighting shall be oriented away from residential
35
districts.
36
37
11. Local. State or Federal Requirements The construction, operation,
38
maintenance and repair of telecommunications facilities are subject
39
to the regulatory supervision of the City, and shall be performed in
40
compliance with all laws and practices affecting the subject,
41
including, but not limited to, the Land Development Code, building
42
code and safety codes. The construction, operation and repair shall
43
be performed in a manner consistent with the applicable industry
Page 10 of 17
1
standards, including the Electronic Industries Association. All
2
towers and antennas must meet or exceed current standards and
3
regulations of the FAA and the FCC, including emission standards.
4
They must meet the requirements of all federal, state and local
5
government agencies with the authority to regulate towers and
5
antennas prior to issuance of a building permit by the City. If such
_ 7
standards and regulations are changed and require retroactive
s
application, then the owners of the towers and antennas governed by
9
this Ordinance shall bring such facilities into compliance with such
10
revised standards and regulations within six months of their effective
11
date, unless a different compliance schedule is mandated by the
12
controlling agency. Failure to bring towers and antennas into
13
compliance with such revised standards and regulations shall
14
constitute grounds for removal of the tower or antenna at the
15
owner's expense.
12. Buildiniz Codes & Safety Standards.
a. To ensure the structural integrity of telecommunications towers,
the owner shall construct and maintain the telecommunications
tower in compliance with the South Florida Building Code, and
all other applicable codes and standards, as amended from time
to time. A statement shall be submitted to the City by a
professional engineer certifying compliance with this subsection
upon completion of construction and, or, subsequent
modification. Where a pre- existing structure, including light and
power poles, is requested to be used as a stealth facility, the
facility, and all modifications to it, shall comply with all
requirements, as provided in this Ordinance. Following the
issuance of a building permit, the City shall require the owner to
provide a professional analysis of a soil boring from the base of
the telecommunications tower site to assure integrity of
foundation.
b. The City reserves the right to conduct periodic inspection of
telecommunications towers to ensure structural and electrical
integrity. If, upon inspection, the City concludes that a tower
fails to comply with any building or safety codes and industry
construction or maintenance standards, and constitutes a danger
to persons or property, then upon notice, the owner of the tower
shall have 30 days to bring the tower into compliance. Failure to
bring the tower into compliance within 30 days from receipt of
notice shall constitute grounds imposing a fine and for removal
of the tower or antenna at the owner's expense.
Page 11 of 17
13. Si nna e. No signs, including commercial advertising, logo, political
signs, flyers, flags, or banners, whether or not posted temporarily,
shall be permitted on any part of an antenna or telecommunication
tower, except for warning, danger or other signs designed to
maintain public safety.
14. Securi1y. Telecommunications facilities shall be enclosed by
security fencing and shall also be equipped with an appropriate anti -
climbing device provided, however, that the City may waive such
requirements.
15. Measurement. For purposes of measurement, telecommunication
tower setbacks and separation distances shall be calculated and
applied to facilities located in the City irrespective of municipal and
county jurisdictional boundaries.
16. Not Essential Services. Towers and antennas shall be regulated and
permitted pursuant to this Ordinance and shall not be regulated or
permitted as essential services, public utilities or private utilities.
17. Franchises and Licenses. Owners and, or, operators of towers or
antennas shall certify that all franchises required by law for the
construction or operation of a wireless telecommunication system in
the City have been obtained and shall file a copy of all such
franchises with the City.
18. Inspections; Reports; Fees.
a. Telecommunication tower owners shall submit a report to the
City certifying structural and electrical integrity every two years.
The report shall be accompanied by a non - refundable fee of
$200.00 to reimburse the City for the cost of review.
b. The City may conduct periodic inspection of telecommunications
towers, at the owner's expense, to ensure structural and electrical
integrity and compliance with the provisions of this Ordinance.
The owner of the telecommunications tower may be required by
the City to have more frequent inspections should there be an
emergency, extraordinary conditions or other reason to believe
that the structural and electrical integrity of the
telecommunication tower is jeopardized. There shall be a
maximum of one inspection per year unless emergency or
extraordinary conditions warrant additional inspections.
Page 12 of 17
it
2 19. Bonding. The owner of a telecommunications tower shall prior to
3 commencing construction post a bond equal to an amount no less
4 than $25,000, which bond shall be posted to insure the obligation
5 identified in Section 20 -10.9.
6
7
8 20 -10.5 Permitted Uses
9 The permitted uses shall be divided into those uses which can be approved
1 o administratively and those which must be approved pursuant to the special use process.
11
12 (A) The following uses may be approved by the City Manager [or the
13 Manager's designee] after ERPB approval:
14
15 1. Stealth Facilities.
16
17 a. Stealth rooftop or building mounted antennas, not exceeding 25
18 feet above the roofline and 10 feet above the maximum height of
19 the applicable zoning district, shall be permitted as an accessory
20 use in the following zoning districts:
21
22 RM -24 Medium Density Multi- Family
23 MO Medium - Intensity Office
24 SR Specialty Retail
25 TODD Transit - Oriented Development District
26 PI Public/Institutional
27 PR Parks and Recreation
28
29 b. Stealth towers not exceeding 150 feet in height shall be permitted
30 as a principal or accessory use in the following zoning districts:
31
32 RM -24 Medium Density Multi - Family
33 MO Medium - Intensity Office
34 SR Specialty Retail
35 TODD Transit - Oriented Development District
36 PI Public/Institutional
37 PR Parks and Recreation
38
39 c. Upon receipt of the appropriate application, the City Manager, at
40 his or her sole discretion, will determine the application's
41 consistency with the definition of a stealth facility.
42
43 2. Non- Stealth Facilities.
Page 13 of 17
a. Non - Stealth antennas mounted to buildings or rooftops, not
exceeding 15 feet above the roofline and 5 feet above the
maximum height of the applicable zoning district, shall be
permitted as an accessory use in the following zoning districts:
MU -5 /TODD Transit - Oriented Development District
b. Any non - stealth building or rooftop antennas approved
administratively shall only be permitted on buildings in excess of
40 feet in height.
(B) The following uses may be permitted through the special use process:
1
2.
Stealth Facilities.
a. Stealth rooftop or building mounted antennas, not exceeding 15
feet above the roofline and 10 feet above the maximum height of
the applicable zoning district, shall be permitted as an accessory
use pursuant to special use approval in the following zoning
districts:
LO
Low Intensity Office
GR
General Retail
NR
Neighborhood Retail
H
Hospital
PUD
Planned Unit Development
b. Stealth towers not exceeding 80 feet in height shall be permitted
as an accessory use pursuant to special use approval in the
following zoning districts:
H Hospital
PUD Planned Unit Development
c. Upon receipt of the appropriate application, the City Manager, at
his or her sole discretion, will determine the application's
consistency with the definition of a stealth facility.
d. Residential Planned Unit Developments shall not be a permitted
location for telecommunication facilities.
Non- Stealth Facilities.
Page 14 of 17
1
2 a. Non - Stealth antennas mounted to buildings or rooftops, not
3 exceeding 15 feet above the roofline and 5 feet above the
4 maximum height of the applicable zoning district, shall be
5 permitted as an accessory use pursuant to special use approval in
6 the following zoning districts:
_ 7
8 RM -24 Medium Density Multi - Family
9 MO Medium - Intensity Office
10 SR Specialty Retail
11 MU- 4/MU -5 /TODD Transit- Oriented Development District
12 PI Public/Institutional
13 PR Parks and Recreation
14
15 b. Any non - stealth building or rooftop antennas permitted pursuant
16 to special use approval shall only be permitted on buildings in
17 excess of 30 feet in height.
18
19 c. Monopoles not exceeding 150 feet in height may be permitted in
20 the following zoning districts pursuant to special use approval:
21
22 PI Public/Institutional
23
24 20 -10.6 Procedure for Special Use.
25
26 Any of the permitted special uses in this Article may be approved and permitted
27 by the City Commission at a public hearing, after a recommendation by the Planning
28 Board, provided that the use complies with the requirements of this Article, Section 20-
29 3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use
3o approvals," and any other requirements and conditions the City Commission may
31 consider appropriate and necessary.
32
33
34 20 -10.7 Prohibitions and Exceptions.
35
36 (A) The location of a new antenna in any zoning district other than those
37 districts specified in this section shall be prohibited, except as specified below:
38
39 1. Antenna and or microwave dishes may be located on franchised utility
40 poles or poles owned by the City pursuant to the following regulations:
41
42 a. The utility poles shall be located within public easements or
43 public rights -of -way.
Page 15 of 17
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b. Fees related to utility pole installation:
(1) A license application fee shall be paid
(2) An Engineering permit fee shall be paid if the pole is
replaced to accommodate telecommunications equipment.
(3) An annual Occupational License tax shall be paid.
c. The antenna and, or, dish shall be of a size and placement that is
structurally compatible with the engineering design of the pole
pursuant to the South Florida Building Code and certified by a
registered Engineer.
d. The antenna or dish shall not extend more than 10 feet above the
existing pole height. If the pole is replaced to withstand the
addition of telecommunications equipment, then the same
restriction shall apply except that the utility pole may be 10 feet
higher than the adjacent pole heights.
e. Placement of an antenna and, or, a dish on a utility pole shall
only be on poles owner or operated by a city franchisee or the
City.
f. No commercial advertising shall be allowed on the antenna or
dish.
20 -10.8 Accessory Equipment Building.
Accessory equipment buildings used in conjunction with the operation and
maintenance of Antennas shall be permitted subject to the following requirements:
(A) ERPB approval is required.
(B) Must conform to the applicable zoning district's dimensional standards.
(C) If the site is already occupied by a principal building, the provider shall
attempt to utilize the existing building for its antenna- related equipment. If the provider is
unable to use the existing building, it must provide a report to the City describing the
reasons which disallow it from using the existing building.
(D) Shall be designed, constructed, and installed in compliance with this Code,
the South Florida Building Code, and all other applicable codes.
20 -10.9 Removal of Abandoned Telecommunication Facilities.
(A) At the time of building permit application, the applicant shall enter into a
contractually enforceable agreement with the City that requires the applicant, or the
owner of the facility, to remove the telecommunication tower structure, at his or her sole
cost, upon its abandonment.
Page 16 of 17
1
2 (B) In the event the approved use of a telecommunication tower has been
3 discontinued for a period of 180 consecutive days, the tower shall be deemed to be
4 abandoned. Determination of the date of abandonment shall be made by the City
5 Manager, who shall have the power to request documentation and, or, affidavits from the
6 owner regarding the use.
7
8 (C) The City Manager shall provide the owner with written notice, by certified
9 mail, of an abandonment determination. The failure or refusal by the owner to respond
lo within 60 days of receipt of the notice shall constitute prima facie evidence that the
11 telecommunication tower has been abandoned.
12
13 (D) If the owner fails to respond or fails to demonstrate that the tower is not
14 abandoned, the City Manager shall render a finding that the tower is abandoned and the
15 owner of the antenna shall have an additional 120 days within which to (i) reactivate the
16 use of the tower or to transfer the tower to another owner who makes actual use of the
17 tower within the time period, or (ii) dismantle and remove the tower. At the earlier of
18 121 days from the dated of the entry of a finding of abandonment, without reactivation,
19 or upon completion of dismantling and removal, any special use approval shall
2o automatically expire.
21
22 SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any
23 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
24 shall not affect the validity of the remaining portions of this ordinance.
25
26 SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this
27 ordinance are hereby repealed.
28
29 SECTION 5. This ordinance shall take effect immediately at the time of its passage.
30
31 PASSED AND ADOPTED this 131h day of October, 1998.
32
33
34 ATTEST: APPROVED:
35
36
37
38 CITY CLERK MAYOR
39
4o READ AND APPROVED AS TO FORM:
41
42
43 CITY ATTORNEY
Page 17 of 17
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: October 6, 1998
M: Charles D. Scurr SUBJECT: Agenda Item # 1
FRO g
City Manager Commission Meeting,
October 6, 1998
ralolo AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO A
CONTRACT WITH THE
FLORIDA DEPARTMENT OF
ENVIRONMENTAL
PROTECTION TO ACCEPT A
$115,000.00 GRANT FOR FISCAL
YEAR 1998/99.
The attached resolution seeks approval to allow the City Manager to enter into a contract with
the Florida Department of Environmental Protection (FDEP) to accept a $115,000.00 for
stormwater drainage improvements.
As you know, the City of South Miami requested, and was approved for an Appropriation of
$115,000.00 by the State of Florida during their last legislative session. The appropriation was
to be used exclusively for stormwater drainage improvements.
FDEP is overseeing the disbursement of the Appropriation, and has developed the attached
Contract Agreement #SP487 for this purpose. The agreement will function as a reimbursement
program. Upon completion and payment of the work, the City of South Miami will submit
requests for reimbursement to the FDEP.
A list of the four drainage projects to be reimbursed is included in the attached letter to the FDEP
dated 6/30/98.
Attachments:
Letter to FDEP dated 6/30/98
FDEP Contract Agreement #SP487
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO ACCEPT A $115,000.00 GRANT
FOR STORMWATER DRAINAGE IMPROVEMENTS.
WHEREAS, the City of South Miami was awarded a 1998 State Appropriation in the
amount of $115,000.00 to be used for certain stormwater drainage improvements projects, and;
WHEREAS, the Florida Department of Environmental Protection (FDEP) is overseeing
the State Appropriation, and has developed contract agreement #SP487 for the disbursement of
the funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager and the City Attorney is hereby authorized to sign the
FDEP Contract Agreement #SP487.
PASSED AND ADOPTED this 6h day of October 1998.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Ciao of Souffi Miami
6130 Sunset Drive, South Miami, Florida 33143
June 30, 1998
Gary Swagart, P.E.
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
RE: 1998 Legislative Appropriation
Dear Mr. Swagart:
In response to your Bureau's correspondence dated June 8`h, 1998 (attached for reference), the
following is provided as an "item by item" response:
Question No. l David K. Goodin, Public Works Engineering Inspector, will be the Project
Manager. Fernando J. Rodriguez, Public Works Director, will also
oversee the project. Phone Number: (305) 663 -6350. Address: 4795 SW
75`h Ave., Miami, Florida 33155
Question No. 2 Charles D. Scurr, City Manager, is the authorized representative of the
City Commission to execute agreements, payment requests, and other
necessary documents. Phone number: (305) 663 -6338. Address: 6130
Sunset Drive, South Miami, Florida 33143
Question No. 3 No outside consultants will be used for the drainage projects.
Question No. 4 The Project Manager, the City Manager, and the Finance Director,
Hakeem Oshikoya (6130 Sunset Drive, South Miami, Fl. 33143) should
receive copies of all correspondence.
Question No. 5 The City of South Miami's Federal Employee Id. is 59- 6000431
Question No. 6 The appropriation will be used to fund the stormwater drainage projects
identified in Exhibit II.
/continued . . .
"City of Pleasant Living"
Gar} S«'agart
FDEP Bureau of Water Facilities Funding
June 30, 1998
Page 2 of 2
Question No. 7 The schedule for project completion is provided in Exhibit II
Question No. 8 The funding sources and 25% matching fund amounts are provided in
Exhibit II.
It is our understanding that the 1998 Appropriation functions as a reimbursement program, that
the City shall be reimbursed 75% of allowable project costs up to $115,000.00. Please provide
us with specific instructions on how to apply for the reimbursements.
Should you have any questions or require further information, please do not hesitate to contact
me at (305) 663 -6350.
Ve -t ly yours, i
Tern do J. Rodrig ez
Public Works Director
Attachment:
FDP Letter dated 6/8/98
cc: Charles D. Scurr, City Manager
Hakeem Oshikoya, Finance Director
David K. Goodin, Engineering Technician
Uepar�tment of
FLOR16A
Environmental Protection
Twin Towers Office Building
Lawton Chiles 2600 Blair Scone Road Virginia 9. wecni
Governor Tallahassee. Florida 32399 -2400 Secretary
June 8, 1998
Honorable Tom Cunningham, Mayor
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: 1998 Legislative Appropriation
Dear Mayor Cunningham:
The City of South Miami has been awarded a 1998 State appropriation in the amount of
$115,000 for financial assistance for its public works. The Department of Environmental
Protection has been designated the administrator of the grant funds.
So that we can disburse the funds in a timely, efficient, and auditable manner, please
provide the following information as applicable:
1. The name, address, and phone number of the person who will be the City's
contact person (project manager).
2. The name, address, and phone number of the person who will be authorized
by the City Council to execute any agreements, payment requests or other
documents that may be necessary to complete the project.
3. The name, address, and phone number of the engineering consultant,
appraiser, or other type of consultant retained for the project.
4. The name and address of any persons who should receive copies of any or all
correspondence involved with the project.
5. The Federal Employer Identification number for the City.
6. A concise description of the intended use of the appropriation which is to be
authorized by the City's governing body.
"Protect. Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
Honorable Tom CunninLham. Mayor
June 8. 1998
Page Two
7. A schedule for completing the project including milestones such as procuring
engineering services, making the purchase, submittal of plans and
specifications, site surveys and investigations (such as a water balance),
obtaining any Water Management District, Local, or Department permits,
construction procurement, construction completion, etc. Please indicate
which, if any, of the scheduled activities have been completed.
8. The source(s) and nature of any other funding associated with the project
including any requirements or restrictions, such as local matching funds
requirements, etc., that may apply to the State appropriation.
The Department's representative is:
Gary Swagart, P.E.
Bureau of Water Facilities Funding
2600 Blair Stone Road MS 3505
Tallahassee, FL 32399 -2400
Phone (850) 488 -8163
SUNCOM 278 -8163
If you have any questions or need further information please contact him for assistance.
Si
hi ,�
�I�tt
Be hi1J, E:;�Chief
Bureau of Water acilities Funding
DWBlgfs
CITY OF SOUTH MIAW
1998 State Appropriation
Project List and Schedule
Ranking
Location & Description
Estimated 25% Match
Schedule
1
57th Court improvements
$35,000 $8,750
Design
Jul -98
Installation of French Drains,
Approval
Jul -98
Curb /Gutter, Paved Parking
Construction
Aug -98
Areas, and Landscaping for
Completion
Aug -98
Undeveloped Right -of -way
2
78th Street & 63th Avenue
$40,000 $10,000
Design
Aug -98
Reconstruction of Intersection
Approval
Sep -98
complete with drainage systems
Construction
Oct -98
Completion
Oct -98
3
59th Ave. & 74th Street
$60,000 $15,000
Design
Nov -98
Reconstruction of 1 City Block
Approval
Dec -98
to improve drainage
Construction
Jan -99
Completion
Feb -99
4
6120 Twin Lakes Drive
$20,000 $5,000
Design
Mar -99
Improve Street Drainage and
Approval
Apr -99
Retrofit Positive Outfall for
Construction
May -99
NPDES Pollution Control
Completion
May -99
Subtotals $155,000 $38,750
Total minus 25% match $116,250
TOTAL 1998 Appropriation $115,000 (balance over grant amount to be paid by City)
NOT � The Matching Funds would come from the Stormwater User Fee Trust Fund which is
provided to the City of South Miami by Miami -Dade County through a Stormwater Utility
Interlocal Agreement.
Exhibit 11
(page 1 of 1)
FLOR A
Lawton Chiles
Gover nor
September 22, 1998
Department of
Environmental Protection
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attention: Mr. David K. Goodin
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee. Florida 32399 -2400
Re: Contract SP487 — City of South Miami
Wastewater Management System Improvements
Dear Mr. Goodin:
Vuyini.7 B Wcl'hcr cal
Secret.,ry
Enclosed are two originals of the above - referenced contract. Please have the City Manager sign both
originals as the City's authorized representative and have the City's Attorney sign both originals. Keep
one original for your use and return one signed original to me. Please note the project schedule and
deliverables.
Also enclosed are a Disbursement Request Form, an Engineering Certification Form, and an Authorized
Representative Certification Form. Please use copies of these forms for disbursement requests. The
fiends will be available upon your execution of the contract.
If you have any questions, please call Bhupendra Vora, the Project Manager, at (850) 488 -8163.
Sincerely,
V�J. Ber hi I P�.E., 611ief
ry
Bureau of Water Facilities Funding
DWB /Gfs
Enclosures
cc: Charles D. Scurr — South Miami
Hakeem Oshikoya — South Miami
Mike Bechtold - DEP /West Palm Beach
"Protect. Conserve and Manage Florida's Environment and Natural Resources
Printed on recycled paper.
DEP Contract No. SP487
CONTRACT
THIS CONTRACT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida
32399 -2400 (hereinafter referred to as the "Department ") and the CITY OF SOUTH MIAMI, whose
address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as the
"Contractor "), a governmental entity, to provide services for wastewater management system
improvements.
Inconsideration of the mutual benefits to be derived herefrom, the Department and Contractor do
hereby agree as follows:
The Department does hereby retain the Contractor to perform the wastewater management
services as defined herein and the Contractor does hereby agree to perform such services
upon the terms and conditions set forth in this Contract, Attachment A (Scope of Work),
and all attachments and exhibits named herein which are attached hereto and incorporated
by reference.
2. The Contractor shall be responsible for the performance of all services necessary to develop
deliverables as specified in Attachment A. Any and all equipment, products or materials
necessary to perform these services, or requirements as further stated herein, shall be
supplied by the Contractor, unless otherwise specified herein. The Contractor is responsible
for the professional quality, technical accuracy, timely completion and coordination of all
designs, plans and specifications, addenda, change orders and completion report. The
Contractor shall, without additional compensation, correct or revise any errors, omissions or
other deficiencies in its designs, plans and specifications, addenda, change orders, and final
report.
3. The Contractor shall perform as an independent contractor and not as an agent,
representative, or employee of the Department.
4. As consideration for the services rendered by the Contractor under the terms of this
Contract, the Department shall pay the Contractor on a reimbursement of incurred cost basis
for subcontracted services. Maximum compensation under this Contract shall not exceed
$115,000.
Invoices shall be submitted on a convenient basis, but not more frequently than monthly
and no less frequently than quarterly. Ten percent (10 %) of each invoice (for the payment
of non - construction and construction subcontractors), up to a maximum of ten percent
(10 %) of the total Contract amount ($11,500), shall be withheld until all the deliverables
have been received and accepted by the Department. All bills for amounts due under this
Contract shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof.
A final invoice shall be submitted no later than June 30, 2000.
DEP Contract No. SP487, Page 1 of 8
7. The Contractor shall submit a final report consisting of:
A. Notification of Completion of Construction for Wastewater Facilities
(Department Form No. 62- 600.900(3)1;
B. Record drawings documenting the actual construction; and
C. Performance certification that the constructed project functions as designed.
8. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall
have five (5) working days, unless otherwise specified herein, to inspect and approve the
services for payment; the Department must submit a request for payment to the Florida
Department of Banking and Finance within twenty (20) days; and the Department of
Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the
latter date the invoice is received or services received, inspected, and approved. Invoice
payment requirements do not start until a proper and correct invoice has been received.
Invoices which have to be returned to a contractor for correction(s) will result in a delay in
the payment. A Vendor Ombudsman has been established within the Florida Department of
Banking and Finance who may be contacted if a contractor is experiencing problems in
obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may
be contacted at 850/488 -2924 or 1- 800 - 848 -3792.
9. In accordance with Section 215.422, Florida Statutes, the Department shall pay the
Contractor, interest at a rate as established by Section 55.03(1), Florida Statutes on the
unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days
after receipt of a correct invoice and receipt, inspection, and approval of the goods and
services. Interest payments of less than $1 will not be enforced unless a contractor requests
payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's
Memorandum No. 3 (1997 -98) dated December 3, 1997, has been set at 10% per annum or
.02740% per day. The revised interest rate for each calendar year beyond 1998 for which
the term of this Contract is in effect can be obtained by calling the Department of Banking
and Finance, Vendor Ombudsman at the telephone number provided above or the
Department's Contracts Section at 850/922 -5942.
10. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts
of its employees and agents. However, nothing contained herein shall constitute a waiver
by either party of its sovereign immunity or the provisions of Section 768.28, Florida
Statutes.
11. The Department may terminate this Contract at any time in the event of the failure of the
Contractor to fulfill any of its obligations under this Contract. Prior to termination, the
Department shall provide ten (10) calendar days written notice of its intent to terminate and
shall provide the Contractor an opportunity to consult with the Department regarding the
reason(s) for termination.
DEP Contract No. SP487, Page 3 of 8
'ihe Department may terminate this Contract without cause and for its convenience by
giving thirty (30) calendar days written notice to the Contractor.
Notice shall be sufficient if delivered personally or by certified mail to the address set forth
in paragraph 12.
12. Any and all notices shall be delivered to the parties at the following addresses:
Contractor Department
City of South Miami Department of Environmental Protection
Attn: David K. Goodin Attn: Bhupendra Vora, P.E.
6130 Sunset Drive 2600 Blair Stone Road, MS #3505
South Miami, Florida 33143 Tallahassee, Florida 32399 -2400
13. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Contract
shall be public records and shall be treated in the same manner as other public records are
under general law.
This Contract may be unilaterally canceled by the Department for refusal by the Contractor
to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in
conjunction with this Contract.
14. The Contractor shall maintain books, records and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting
principles consistently applied. The Department, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of this
Contract and for three years following Contract completion. In the event any work is
subcontracted, the Contractor shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
15. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids
appropriations), the Contractor shall provide to the Department an audit of this Contract in
accordance with the rules of the Auditor General promulgated pursuant to Section 11.45,
Florida Statutes. The Department reserves the right to recover costs for failure to comply
with Section 216.349, Florida Statutes.
Copies of the required statement or audit, as applicable, shall be sent to each of the
following within thirteen (13) months after the completion of the Contractor's fiscal year in
which the Contract was completed:
Bhupendra Vora, P.E.
Department of Environmental Protection
Bureau of Water Facilities Funding
2600 Blair Stone Road, MS3505
Tallahassee, Florida 32399 -2400
DEP Contract No. SP487, Page 4 of 8
28. The Contractor, as an independent contractor and not an agent, representative, or employee
of the Department, agrees to carry adequate liability and other appropriate forms of
insurance. The Department shall have no liability except as specifically provided in this
Contract.
29. Upon satisfactory completion of this Contract, the Contractor may retain ownership of the
equipment purchased under this Contract. However, the Contractor shall complete and sign
a Property Reporting Form, DEP 11 -041, provided as Attachment D, and forward it along
with the appropriate invoice to the Department's Contract Manager. The following terms
shall apply:
A. The Contractor shall have use of the equipment for the authorized purposes of the
contractual arrangement as long as the required work is being performed.
B. The Contractor is responsible for the implementation of adequate maintenance
procedures to keep the equipment in good operating condition.
C. The Contractor is responsible for any loss, damage, or theft of, and any loss, damage
or injury caused by the use of, non - expendable personal property or equipment
purchased with state funds and held in his possession for use in a contractual
arrangement with the Department.
30. In accordance with Section 216.347, Florida Statutes, the Contractor is hereby prohibited
from using funds provided by this Contract for the purpose of lobbying the Legislature, the
judicial branch or a state agency.
31. The Department may at any time, by written order designated to be a change order, make
any change in the work within the general scope of this Contract (e.g., specifications, time,
method or manner of performance, requirements, etc.). All change orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change order which causes
an increase or decrease in the Contractor's cost or time shall require formal amendment to
this Contract.
32. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, F.S., for Category Two, for a period of 36 months from the date of being placed
on the convicted vendor list.
33. The Contractor shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department under this Contract. The Contractor acknowledges
that this requirement includes compliance with all applicable federal, state and local health
and safety rules and regulations. The Contractor further agrees to include this provision in
all subcontracts issued as a result of this Contract.
DEP Contract No. SP487, Page 7 of 8
34. This Contract represents the entire agreement of the parties. Any alterations, variations.
changes, modifications or waivers of provisions of this Contract shall only be valid when
they have been reduced to writing, duly signed by each of the parties hereto, and attached to
the original of this Contract, unless otherwise provided herein.
IN WITNESS WI IEREOF, the parties have caused this Contract to be duly executed, the day and
year last written below.
CITY OF SOUTH MIAMI
By:
(Contractor's Authorized Signatory *)
(Print Signatory's Name and Title)
Date:
FEID No.: 59- 6000431
Approved as to form and legality:
City Attorney
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: 2"'CCL -
Dire r, Di on of Water Facilities
or designee
Date: 9/Z Z 1111-g
DEP Contract Manager
DEP Contracts Administrator
Approved as to form and legality:
-- DEP lAttomey
*For contracts with governmental boards /commissions: If someone other than the Chairman signs this Contract, a
resolution, statement or other document authorizing that person to sign the Contract on behalf of the Contractor must
accompany the Contract.
List of attachments /exhibits included as part of this Contract:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Work ( 1 Page)
Attachment B Comptroller's Contract Payment Requirements (1 Page)
Attachment C Chapter 10.600, Rules of the Auditor General (5 Pages)
Attachment D DEP Property Reporting Form, DEP 11-041 (1 Page)
DEP Contract No. SP487, Page 8 of 8
ATTACHMENT A
SCOPE OF WORK
City of South Miami Stormwater Management System Improvement
Description of Work
Design and construct stormwater system improvements at:
• Fifty - seventh Court
• Seventy - eighth Street and Sixty -third Avenue
• Fifty -ninth Avenue and Seventy - fourth Street
• 6120 Twin Lakes Drive
Estimated costs are
1.
Construction
$
100,000
2.
Engineering
$
10,000
3.
Permits
$
5,000
TOTAL PROJECT ESTIMATE
$
115,000
Deliverables
1.
Stormwater System Plans and Specifications
May 1, 1999
2.
Stormwater Permit
May 1, 1999
3.
Bid Documents
May 1, 1999
4.
Final Report
June 1, 2000
DEP Contract SP487, Attachment A, Page 1 of 1
ATTACHMENT B
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being
claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each
piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits
will be based on a specified percentage rather than the actual cost of fringe benefits, then the
calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.06 1, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative
Code, regarding the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,
for subsequent transfer to the State.
(5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a
usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract
involving the State University system or the State Community College system, the agency
receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of
the contract or grant for overhead or indirect cost or any other cost not required for the payment
of direct costs.
0
DEP Contract No. SP487, Attachment B, Page 1 of 1
ATTACHMENT C
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS
UNDER SECTION 216.349, FLORIDA STATUTES
EFFECTIVE 9 -30 -97
DEP Contract No. SP487, Attachment C, Page 1 of 5
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
TABLE OF CONTENTS
Rule
Section No. Description Paqe
PREFACE TO RULES ......... ............................... 2
10.610 DEFINITIONS ...................... ............................... 3
10.620 AUDIT REQUIREMENTS .... ............................... 4
10.630 EFFECTIVE DATE .............. ............................... 4
APPENDIX.......................... ............................... 5
PREFACE TO RULES
Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and
aids appropriations from State agencies. The grants and aids appropriations referred to in Section
216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations
act. The beginning point of any audit required by this section of law should be a determination of
which State moneys received by the auditee are grants and aids appropriations as described
above.
The Auditor General has no authority or responsibility to determine which grants and aids
are covered by this section of the Florida Statutes. Because of responsibilities assigned to the
administering State agency and the Comptroller of the State of Florida, either or both should be
able to assist the auditee in determining which grants and aids come under Section 216.349,
Florida Statutes. The administering State agency should also be consulted regarding any specific
form requirements for the required report and schedule.
These rules apply only to grants made by State agencies from appropriations designated
as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from
sources of money other than those designated as "grants and aids" in a Florida appropriations
act.
There may be occasions when State grants and aids appropriations moneys received
from a State agency include Federal moneys. Certain changes to these rules have been made to
assist State agency Federal award pass- through recipients in their effort to implement new
Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A -133)
while still complying with the Section 216.349, Florida Statutes, requirements. The most significant
change to these rules is the requirement that the auditor conduct an examination in accordance
with AICPA attestation standards and issue an examination attestation report addressing
compliance with the grant requirements.
Since the primary objective of a Section 216.349, Florida Statutes, audit is to determine
the recipient' s compliance with the grant provisions (including a determination of whethd- the
grant funds were used for authorized purposes), an examination conducted in accordance with
AICPA attestation standards should be sufficient to meet this objective. AICPA attestation
standards are not significantly different from AICPA auditing standards and the level of audit work
DEP Contract No. SP487, Attachment C, Page 2 of 5
necessary to meet this objective would not vary significantly whether done as part of an audit or
as part of an attestation engagement. An examination done in accordance with AICPA attestation
standards provides a high level of assurance (i.e., an opinion) and should satisfy the monitoring
needs of pass - through Federal award recipients. Examinations intended to satisfy such monitoring
needs would be limited to the five types of compliance requirements specified in OMB Circular A-
133 for limited scope audits.
Another advantage of an examination conducted in accordance with AICPA attestation
standards is that the auditor' s examination attestation report is essentially the same regardless of
whether or not the grants and aids recipient is a local government, not - for - profit or for - profit
organization, or had a financial statement audit. The use of the same report to satisfy applicable
Federal subrecipient monitoring requirements and /or State grants and aids appropriations audit
requirements should ease administrative burdens
imposed on State agencies.
The basis for determining which Federal award recipients are required to have a Federal
single audit (i.e., amount of Federal awards expended) differs from the basis for determining
which grants and aids recipients are required to provide for an audit pursuant to Section 216.349,
Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal
award recipients required to provide for an audit pursuant to the Federal Single Audit Act must
prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients
required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a
schedule of State financial assistance. Because information required for a schedule of
expenditures of Federal awards differs from that required for a schedule of State financial
assistance, State grants and aids moneys that involve Federal awards will have to be included on
the schedule of expenditures of Federal awards (when that schedule is required pursuant to the
Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State
financial assistance should be footnoted to indicate the extent of duplication of moneys on the two
schedules.
The auditor must determine from the grant agreement and /or inquiries with the granting
agency the level or amount of testing necessary to report on whether or not the expenditures of
the grants were in accordance with all legal and regulatory requirements and that the funds were
not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency.
Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State
requirements at the same time. However, as stated earlier, these rules do require a schedule of
State financial assistance and the auditor' s examination attestation report should refer specifically
to the schedule of State financial assistance. The schedule of State financial assistance should
clearly distinguish State grants and aids moneys from other State financial assistance. Nothing
contained in these rules precludes a State granting agency from imposing requirements that are in
addition to those specified in these rules.
History: New 06 -30 -93 Amended 06- 30 -94, 06- 30 -95, 09 -30 -97
10.610 DEFINITIONS
(1) As used in these Rules, the term:
(a) "Local governmental entity" means a county agency, municipality, or special district or any
other entity (other than a district school board or community college), however styled, that
independently exercises any type of governmental function.
(b) "Nonprofit organization" means any organization which meets the definition of a not -for-
profit organization provided in Financial Accounting Standards Board Statement 116,
Appendix D.
DEP Contract No. SP487, Attachment C, Page 3 of 5
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CITY OF SOUTH MIAMI
To: Mayor and Commission
From: Charles Scurr Cv'"
City Manager
Date: October 6, 1998
Agenda Item # 42 2
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 # 2100 -519 -8310, Non - Departmental Seed Money, which has a
current fund balance of $25,000.00.
The proposal was approved unanimously by the Grants Advisory Committee at their September
23rd Meeting.
Approval is recommended.
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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 # 2100 -519 -8310, Non - Departmental Seed
Money.
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 , 1998.
APPROVED:
Mayor
A
City of South Miami
Grants to Non — Profit Organizations
Grant Application
xxc 1998
(Please submit original and ten (10) copies of this form and attachments)
Organization name: 'Mounded Healers
Street Address:
Mailing Address: 6461 SW 59th Avenue
Phone: (305)665-1991 Fax:
Applicant name:
Co- applicant or other contact:
Project name (please give short description):
Grant amount requested: $5,000.00
City: St:
City. so. Mi a St:
Voice Mail:
Title:
Title:
Zip. 33143
Zip:
Email:
Please see attached information
On a separate sheet kindly provide a history of your organization. Include in your history the
following:
1. Date organization was formed 1997
2. Organization mission and goal(s) see attached information
3. Names and addresses of officers and directors
4. Date of incorporation, if applicable
5. Past activities; include media coverage, acknowledgements and awards n/a
6. Previous grants from City of South Miami n/a
7. Previous grants from other public and private organizations n/a
Please attach a copy of the Internal Revenue Service "Letter of Determination" of the organization's non-
profit status.
Pro'ect Information (provide a description of the project; what it is, who it's for, when it will take place; where it
will take place; and, how it will be produced and conducted)
Please see attached information
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
September 19, 1997
REV WILLIAM J GREEN
ST JOHNS AME CHURCH
6461 SW 59TH PLACE
S MIAMI, FL 33143
The Articles of Incorporation for WOUNDED HEALERS INC. were filed on
September 18, 1997 and assigned document number N97000005337. Please
refer to this number whenever corresponding with this office regarding the above
corporation. The certification you requested is enclosed.
PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS
ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO
DO SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION.
A CORPORATION ANNUAL REPORT MUST BE FILED WITH THIS OFFICE
BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE
CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED
ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL
REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF
YOUR CORPORATION.
A FEDERAL EMPLOYER IDENTIFICATION (FEI) NUMBER MUST BE SHOWN
ON THE ANNUAL REPORT FORM PRIOR TO ITS FILING WITH THIS
OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE
FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1- 800 - 829 -3676
AND REQUEST FORM SS -4.
SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST
NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS
SUCH AS THE ANNUAL REPORT NOTICES REACH YOU.
Should you have any questions regarding corporations, please contact this office
at the address given below.
Beth Register, Corporate Specialist Supervisor
New Filings Section Letter Number: 397A00046559
Division of Corporations - P.O. BOX 6327 - Tallahassee, Florida 32314
i• �e ._-
r Oiaa
Bppartmpnt of -�§ttttp
I certify the attached is a true and correct copy of the Articles of Incorporation of
WOUNDED HEALERS INC., a Florida corporation, filed on
September 18, 1997, as shown by the records of this office.
The document number of this corporation is N97000005337.
CR2EO22 (2 -95)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Nineteenth day of September, 1997
��titz�rtt �_�urt�tzrrt
c ErrEturg ofC tut$
tateof COriaa
Bppartmpnt of Otatp
I certify from the records of this office that WOUNDED HEALERS INC. is a
corporation organized under the laws of the State of Florida, filed on
September 18, 1997.
The document number of this corporation is N97000005337.
I further certify that said corporation has paid all fees and penalties due this office
through December 31, 1997, and its status is active.
further certify that said corporation has not filed Articles of Dissolution.
CR2EO22 (2 -95)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Nineteenth day of September, 1997
�PL`I'PfciiU IIf�t2ItP
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
ATLANTA GA 39901
WOUNDED HEALERS INC
ROSLYN V SUMPTER
6461 SW 59TH PL
MIAMI FL 33143
DATE OF THIS NOTICE: 10 -31 -1997
NUMBER OF THIS NOTICE: CP 575 E
EMPLOYER IDENTIFICATION NUMBER: 65- 0789131
FORM: SS -4
0716922095 0
FOR ASSISTANCE CALL US AT:
1-800- 829 -1040
OR WRITE TO THE ADDRESS
SHOWN AT THE TOP LEFT.
IF YOU WRITE, ATTACH THE
STUB OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER (EIN)
Thank you for your Form SS -4, Application for Employer Identification Number
(EIN). We assigned you EIN 65- 0789131. This EIN will identify your business account,
tax returns, and documents, even if you have no employees. Please keep this notice in
Your permanent records.
Use your complete name and EIN shown above on all federal tax forms, payments,
and related correspondence. If you use any variation in your name or EIN, it may
cause a delay in processing, incorrect information in your account, or cause you to be
assigned more than one EIN.
If you want to receive a ruling or a determination letter recognizing your
organization as tax exempt, you should file Form 1023 /1024, Application for
Recognition of Exemption, with your IRS Key District office. Publication 557, Tax
Exempt Status for Your Organization, is available at most IRS offices and has details
on how you can apply.
Thank you for your cooperation.
Keep this part for your records.
Return this part with any correspondence
so we may identify your account. Please
correct any errors in your name or address.
r�j
CP 575 E (Rev. 7 -97
CP 575 E
0716922095
Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 10 -31 -1997
( ) EMPLOYER IDENTIFICATION NUMBER: 65- 0789131
FORM: SS -4
INTERNAL REVENUE SERVICE
ATLANTA GA 39901
WOUNDED HEALERS INC
ROSLYN V SUMPTER
6461 SW 59TH PL
MIAMI FL 33143
CERTIFICATE OF DESIGNATION OF
REGISTERED AGENUREGISTERED OFFICE
PURSUANT TO THE PROVISIONS OF SECTION 607.0501, FLORIDA STATUTES, THE
UNDERSIGNED CORPORATION, ORGANIZED UNDER THE LAWS OF THE STATE OF
FLORIDA, SUBMITS THE FOLLOWING STATEMENT IN DESIGNATING THE REGISTERED
OFFICE/REGISTERED AGENT, IN THE STATE OF FLORIDA.
1. The name of the corporation is Wounded Healers Inc.
2. The name and address of the registered agent and office is:
Rev. William J. Green Sr.
(NAME)
6461 S.W. 59th Place
(P. O. Box or Mail Drop Box NOT ACCEPTABLE)
South Miami, F1 33143
(CrrY /STATE/Zip)
Having been named as registered agent and to accept service of process for the above stated corporation
at the place designated in this certificate, I hereby accept the appointment as registered agent and agree
to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper
and complete performance of my duties, and I am familiar with and accept the obligations of my position
as registered agent.
Auuust 28, 1997
UNATUfRE) William J . Green Sr. (DATE)
DIVISION OF CORPORATIONS, P. O. BOX 6327, TALLAHASSEE, FL 32314
ARTICLES OF INCORPORATION
The undersigned ineorporator(s), for the purpose of forming a corporation under the Florida Business
Corporation Act, hereby adopts) the following Articles of Incorporazion.
ARTICLE I NAME
The name of the corporation shall be:
Wounded Healers Inc.
ARTICLE II PRINCIPAL OFFICE
The principal place of business and mailing address of this corporation shall be:
St. John A.M.E. Church
6461 S.W. 59th Place
South Miami, F1 33143
ARTICLE III SHARES
The number of shares of stock that this corporation is authorized to have outstanding at any one time is:
ARTICLE IV INITIAL REGISTERED AGENT AND STREET ADDRESS
The name and address of the initial registered agent is:
Rev. William J. Green
6461 Siti 59th Place
South Miami, F1 33143
ARTICLE V INCORPORATOR(S)
See instructions for officers/directors
The name(s) and street address(es) of the incorporator(s) to these Articles of Incorporation is(are):
Rev. William J. Green Sr.
Jonia Williamson -Nicco
Roslyn Sumpter 6461 S.W. 59th Place
Lee Perry South Miami, F1 33143
Julio Robiana
The undersigned incorporator(s) has(have) executed these Articles of Incorporation this
28 day of August 19 97
(An additional article must be added if an effective date is requested.)
William J. Green SR.
Signature
Signature
Notarization is not required
NOTE: Affixing an officer title after a signature of an incorporator does not constitute the
designation of officers.
THE CITY OF SOUTH MIAMI
GRANTS ADVISORY BOARD
The City of South Miami provides funds to support community projects or undertakings
by non -profit groups whose activities would enhance the quality of life for the citizens of the city.
The City of South Miami also encourages the use of available funds and guarantees that all
qualified applicants have a fair and equitable opportunity to apply for any funding available. This
funding will be used specifically to maintain the "Hometown Spirit" in the "City of Pleasant
Living ". All activities should encourage a sense of "neighborliness" and should primarily benefit
the city and its neighborhoods and residents while inviting and welcoming the participation of
visitors to our city in partaking of any of its activities.
It is essential that the monies granted by the South Miami Commission be used to support
the advancement of programs that directly benefit the city and the citizens of South Miami.
Additionally, the process shall be open and competitive. The Grants Advisory Board must
determine in the application process that the program applicant will use this funding in a
responsible manner prior to making their recommendation to the City Commission. It will be the
responsibility of the South Miami City Commission to hold each grant recipient accountable for
any funds given according to the requirements set forth through the application process by
contract. This accountability process will take place through a review of the original grant
guaranteeing that all criteria and goals were met by the applicant.
The City annually allocates special funds to support community undertakings and activities
as a part of is grants program to non -profit organizations. The South Miami Grants Advisory
Board will review and recommend each application to the City Commission. The Board has
established a complete process for review and evaluation for all applicants. The Board will make
its recommendation to the City Commission after determining that the applicant is in compliance
with the established criteria. This recommendation will be used by the City Commission to make
their decision. The final decision on allocations is made solely by the City Commission after
receiving the Advisory Board's recommendation.
Attached is an application package to be completed by all organizations or individuals
applying for fiscal year 1997 -98 grants (beginning October, 1997). A completed application
(including copies specified) must be delivered to the City Clerk's office no later than date
The Board will evaluate the applications and recommend allocation amounts in November and
March. The City Commission's final approval of the allocations recommended will be at these
times.
The Grants Advisory Board is sponsoring two grant- writing workshops (at separate times)
for any individual or organization contemplating the submission of a grant application to the City.
The workshop is free and there is no obligation or requirement for applicants to attend. Please
see the attached flyer with detail on the workshop.
GUIDELINES FOR CULTURAL AND COMMUNITY GRANTS PROGRAM
FY 1997 - 98
A. ELIGIBILITY
Applicants for City funding must be not - for -profit community organizations. Priorities will be
given to those activities that take place within the City of South Miami. However, consideration
may be given to those projects regardless of location which reflect positively on the City's image
and its unique quality of life.
B. SUBMISSION OF APPLICATIONS
Organizations must deliver ten (10) copies of a South Miami City application and all supporting
documents requested to the City Clerk's office at City Hall by
Submittals which are mailed or faxed will not be considered. Applicants must file a completed
application and the supporting documents to include: a brief history of the organization; an IRS
Letter of Determination of Non -Profit Status; a list and brief biography of its principal
volunteers; names and addresses of board members; no more than three (3) one -page letters of
recommendation and any other materials that would enhance their chance of funding. An
applicant must identify any City employees who work for the organization or serve as a board
member. (All supporting documents must be easily identifiable, captioned, fitted, and typed on 8-
1/2" x 11 " size paper.)
Rules, application forms, names of the Grants Advisory Board and staff, shall be made available
upon requesi.
C. REVIEW PROCESS
The decision to recommend funding of grant applications shall be made at Board review meetings.
Applicants may attend the Board review meetings if they so desire. However, there shall be no
oral presentations or involvement of any kind by applicants at the review meeting, unless directly
requested by the Board. The Board's recommendations shall be considered final and applicants
shall be notified by mail of the Board's recommendations. All applications including those
recommended for funding shall be submitted by the Grants Advisory Board as soon as possible to
the City Commission for its final action. All funding recommendations and the Commission's final
approvals are contingent upon availability of such funds in the City budget. Grants approved by
the City Commission carry no commitment for future support beyond the current annual funding
cycle.
D. ALLOWABLE GRANT EXPENDITURES
Grants may be expended for:
♦ Personnel costs related to the proposed program, project or event.
♦ Production costs related to the proposed program, project or event.
♦ Artistic salaries and/or consultant fees.
♦ Equipment rental and expendable materials.
♦ Marketing (promotion and publicity)
♦ Publications
Grant funds may NOT be used for:
♦ "Bricks and mortar" or permanent equipment (permanent equipment necessary for the
proposed project) may be purchased if the purchase price is less than the cost of rental.
♦ Debt reduction.
♦ Hospitality or visitor transportation costs.
♦ Events not open to the public.
E. GENERAL FUNDING EVALUATION CRITERIA
♦ Value of the activity to the City.
♦ Quality and realistic presentation of the activity seeking funding, its goals and anticipated
attendance.
♦ Administrative and/or artistic capability of applicant to organize the project.
♦ Degree of cultural and/or civic outreach of the activity.
♦ Support from other sources, with proof of a minimum $1 to $1 match in the activity's
budget.
F. OBLIGATIONS OF ORGANIZATIONS
A final report about the funded activity, on forms provided to Grantees, shall be required within
60 days of the program's completion. Failure to submit such a report shall make applicants
ineligible for the following year's funding cycle and potentially future cycles.
All funded activities must provide equal access and equal opportunity in employment and services
and may not discriminate on the basis of handicap, race, age, family status, ethnicity, culture,
creed, religion, gender or sexual preference. Grantees must make every effort to comply with the
mandate of the Rehabilitation Act of 1973 including Section 504 of that Act and the Americans
with Disabilities Act.
Projects receiving funds from the City must insert in all promotional, marketing materials and
must include the following credit line:
"WITH THE SUPPORT OF THE CITY OF SOUTH MIAMI"
City of South Miami
Grants to Non — Profit Organizations
Grant Application
1997
(Please submit original and ten (10) copies of this form and attachments)
Organization name:
Street Address: City: St: Zip:
Mailing Address: City: St: Zip:
Phone: Fax: Voice Mail: Email:
Applicant name: Title:
Co- applicant or other contact: Title:
Project name (please give short description):
Grant amount requested:
On a separate sheet kindly provide a history of your organization. Include in your history the
following:
1. Date organization was formed
2. Organization mission and goal(s)
3. Names and addresses of officers and directors
4. Date of incorporation, if applicable
5. Past activities; include media coverage, acknowledgements and awards
6. Previous grants from City of South Miami
7. Previous grants from other public and private organizations
Please attach a copy of the Internal Revenue Service "Letter of Determination" of the organization's non-
profit status.
Project Information (provide a description of the project; what it is, who it's for, when it will take place; where it
will take place; and, how it will be produced and conducted)
Financial Information
Amount of cash grant requested:
Amount of in -kind grant requested:
Amount of Annual Budget (before this grant):
Estimated Project Expenses
CATEGORY
CASH EXPENSE
IN -KIND EXPENSE
SUBTOTAL
Personnel - artistic
$
$
$
Personnel - production
$
$
$
Space Rental
$
$
$
Transportation
$
$
$
Marketing /Publicity
$
$
$
Office supplies /utilities
$
$
$
Equipment rental /purchase
$
$
$
Other cost (please itemize)
$
$
$
Total Expense
$
$
$
Estimated Project Revenues
CATEGORY
CASH
IN -KIND
SUBTOTAL
CONTRIBUTION
Admission
$
$
$
Grants
$
$
$
Corporate
$
$
$
County
$
$
$_
State
$
$
$
Federal
$
$
$
Others
$
$
$
Cash on hand
$
$
$
City grant request
$
$
$
Total Expense
$
$
$
SALARIES
Program Director $30,000 (in kind)
Two clerks $13,000 each $26,000
FRINGE BENEFITS
Social Security (all employees Independctlt cmtra.ct.ors)
.Medicare n/a
Retirement n/a
CONTRACTUAL SERVICES
Auditing Services $1,300
Bookeeping and Payroll Charges $:1,300
Custodial /Environmental Services
$370,00 per month x 12 months = $4,400
Consultant Fees $500,00
Stipend (fior 10 participants)
$5.00 per hour = $50.00 per hour x 40 hours = $2,000.00 per week
x 52 = $104,000,00
OP.EMFING EXPE.NSL±S
Space Rental
$390,00 per Ynonth x 12 months - $4,650 (in kind)
Furniture Purchase $1,200
(desks, chairs, filing cabinets)
Utilities
$200.00 per irionth x *12 mt nd-is = $2,400,00
X ., ; � LEI •U i ; Ire l p, f III '��I , r1.
WXIJJIWIIWIIAL „'r..iiblWEN.,,,]NYYYwWSYWN UI.UNLLX. .�i,n', ...i.
IXIJS�I IwMd�W�tI�d +��A��1�'IEIi'4ldlll�t�
Local ;service
$100,00 per month x ] 2 t7 on l-is = $1200.00
Long distance
$50,00 pur month x 12 x .jionths = $600,00
Office Supplies (in kind)
Equipment Rental $2,000,00
Ir)SMIRICe Property and I_ lability Insurance $3500,00
GRAN TOTAL $1 835080,00
CITY OF SOUTH MIAMI
® INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: October 2, 1998
Agenda Item #
From: Charles D. Scurr Re: Comm. Mtg. 10/06/98
City Manager Moratorium Extension
Relating to Telecomm. Towers
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND
USE; PROVIDING A 45 -DAY EXTENSION OF THE
MORATORIUM ON THE ACCEPTANCE AND REVIEW OF
APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS,
FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS
AND ANTENNAS, SET FORTH BY ORDINANCE NO. 2 -98 -1650
AND ORDINANCE NO. 10 -98 -16589 IN ORDER TO ENABLE
TELECOMMUNICATION ' PROVIDERS TO SUBMIT
PROPAGATION MAPS AND OTHER SUPPORT MATERIALS,
WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR
AND CITY COMMISSION ON JUNE 239 1998, ALLOWING THE
CITY TO ADOPT MINIMUM STANDARDS FOR THE LOCATION
AND APPROVAL OF TELECOMMUNICATION FACILITIES;
PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE
IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE
MORATORIUM; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND & ANAL,YSIS
On January 20, 1998, the Mayor & City Commission adopted Ordinance No. 2 -98 -1650, which
provided for a 180 -day moratorium on the acceptance and review of applications relating to
telecommunication towers in order to prepare and adopt minimum standards for the location and
approval of telecommunication towers.
Due to the loss of key staff members, regulations were not developed within the 180 -day period.
Therefore, on June 9, 1998, the Mayor & City Commission extended the moratorium through October
17, 1998.
Telecommunication Tower Moratorium Extension: 1st Reading October 6, 1998
Although the Planning Board and staff have worked diligently to create regulations, which were
presented to the City Commission for first reading on September 15th and discussed in depth at a public
workshop on September 28th, the City would benefit from further exploration of the complex issues
surrounding these regulations. Additionally, the Mayor & City Commission, following earlier requests
by staff, specifically requested that the telecommunication industry provide the City with propagation
maps and pictures of existing facilities. These materials have not yet been received and are integral to
drafting the best possible regulations.
The proposed ordinance would extend the moratorium until December 1, 1998, allowing the industry
representatives to submit the requested information and enabling the City to develop the best possible
regulations.
RECOMMENDATION: Approval.
Attachment:
Proposed Ordinance
Telecommunication Tower Moratorium Extension: 1st Reading October 6, 1998 2
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE;
6 PROVIDING A 45 -DAY EXTENSION OF THE MORATORIUM ON THE
7 ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF
8 DEVELOPMENT PERMITS, FOR THE INSTALLATION OF
9 TELECOMMUNICATION TOWERS AND ANTENNAS, SET FORTH BY
10 ORDINANCE NO. 2 -98 -1650 AND ORDINANCE NO. 10 -98 -1658,
11 IN ORDER TO ENABLE TELECOMMUNICATION PROVIDERS TO
12 SUBMIT PROPAGATION MAPS AND OTHER SUPPORT MATERIALS,
13 WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR AND CITY
14 COMMISSION ON JUNE 23, 1998, ALLOWING THE CITY TO ADOPT
15 MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF
16 TELECOMMUNICATION FACILITIES; PROVIDING THAT ORDINANCES
17 IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE
18 TIME PERIOD OF THE MORATORIUM; PROVIDING FOR
19 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
20 DATE.
21
22
23 WHEREAS, the Congress of the United States adopted the
24 Telecommunications Act of 1996, providing for federal regulation
25 of wireless telecommunications, a technology of wireless voice,
26 video and data communications systems, which requires land -based
27 facilities that impact planning and zoning concerns in the City
28 of South Miami and throughout the United States; and,
29
30 WHEREAS, the City has received, and expects to receive
31 additional requests from telecommunication service providers to
32 site wireless telecommunication towers and antennas within its
33 municipal boundaries and the City is authorized by federal,
34 state and local law to regulate the siting of such towers and
35 antennas; and,
36
37 WHEREAS, the Mayor and City Commission finds that it is in
38 the public interest to regulate the siting of wireless
39 communication towers and antennas within the municipal
40 boundaries; and,
41
42 WHEREAS, it is the intent of the City Commission to provide
43 reasonable accommodation, and to promote and encourage fair and
44 reasonable competition, among telecommunication service
45 providers, or providers of functionally equivalent services, on
46 a neutral and non - discriminatory basis; and,
47
48 WHEREAS, Ordinance No. 2 -98 -1650 was passed and adopted on
49 January 20, 1998, providing a 180 -day moratorium on acceptance
Telecommunication Tower Moratorium Extension: 1St Reading October 6, 1998 1
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5
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and review of applications, and issuance of development permits,
for the installation of telecommunication towers to enable the
City to adopt minimum standards for the location and
installation of telecommunication towers and antennas, for
establishing the priority order of use and, further, to
encourage the co- location of facilities, in a manner that is
consistent with, and implements, the City's comprehensive plan,
and is compatible with the existing patterns of development in
the City; and,
WHEREAS, on June 9, 1998, due to the loss of the City Staff
members primarily responsible for the development of minimum
standards for telecommunication facilities, the Mayor and City
Commission adopted Ordinance No. 10 -98 -1658, extending the
moratorium until October 17, 1998; and,
WHEREAS, on June 23, 1998, the Mayor and City Commission
held a public workshop with the Planning Board,
telecommunication industry representatives, and members of the
public in order to acquire the necessary input to draft
appropriate regulations; and,
WHEREAS, the Mayor and City Commission, following earlier
requests by staff, specifically requested the telecommunication
industry representatives to provide propagation maps, pictures
of existing telecommunication facilities, and other
supplementary materials; and,
WHEREAS, those materials have not been adequately provided
as of October 1, 1998, effectively impeding the ability of the
Mayor and City Commission to properly evaluate a proposed
ordinance regulating telecommunication facilities in the City of
South Miami; and,
WHEREAS, the Mayor
telecommunication industry
requested propagation ma
telecommunication facilities,
in order to provide the City
regulations regarding the
telecommunication facilities.
and City Commission desire
representative to submit the
Ps, pictures of existing
5Lnd other supplementary materials
with the necessary input to adopt
siting and approval of
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Whereas clauses are incorporated in, and
made a part of, this ordinance.
Telecommunication Tower Moratorium Extension: 1" Reading October 6, 1998 2
I Section 2. The Mayor and City Commission of the City of
2 South Miami hereby declare a 45 -day extension of the moratorium
3 approved on January 20, 1998, as set forth by Ordinance No. 2-
4 98 -1650, and extended on June 9, 1998, as set forth by Ordinance.
5 No. 10 -98 -1658, on all actions relating to acceptance and review
6 of applications, and issuance of development permits, for the
7 installation of telecommunication towers, to enable the City to
8 prepare and adopt minimum standards for the location and
9 approval of telecommunication towers.
10
11 Section 3. The moratorium shall be effective through
12 December 1, 1998, unless extended by the City Commission.
13
14 Section 4. All ordinances, resolutions and parts
15 thereof, in conflict with this extension of the development
16 permit moratorium shall not be in force and effect during the
17 time period of the moratorium.
18
19 Section S. If any section, clause, sentence, or phrase
20 of this ordinance is for any reason held invalid or
21 unconstitutional by a court of competent jurisdiction, the
22 holding shall not affect the validity of the remaining portions
23 of this ordinance.
24
25 Section 6. This ordinance shall take effect immediately
26 at the time of its passage.
27
28 PASSED AND ADOPTED this 20th day of October, 1998.
29
30 ATTEST: APPROVED:
31
32
33 CITY CLERK MAYOR
34
35 READ AND APPROVED AS TO FORM:
36
37
38 CITY ATTORNEY 2nd extension of teleconnunication moratorium.doc
Telecommunication Tower Moratorium Extension: 1St Reading October 6, 1998 3
,491001hm. CITY OF SOUTH MIAMI
W7INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: October 2, 1998
Agenda Item #
From: Charles D. Scurr Re: Comm. Mtg. 10/06/98
City Manager Moratorium Extension
Relating to Telecomm. Towers
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND
USE; PROVIDING A 45 -DAY EXTENSION OF THE
MORATORIUM ON THE ACCEPTANCE AND REVIEW OF
APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS,
FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS
AND ANTENNAS, SET FORTH BY ORDINANCE NO. 2 -98 -1650
AND ORDINANCE NO. 10 -98 -16589 IN ORDER TO ENABLE
TELECOMMUNICATION PROVIDERS TO SUBMIT
PROPAGATION MAPS AND OTHER SUPPORT MATERIALS,
WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR
AND CITY COMMISSION ON JUNE 239 1998, ALLOWING THE
CITY TO ADOPT MINIMUM STANDARDS FOR THE LOCATION
AND APPROVAL OF TELECOMMUNICATION FACILITIES;
PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE
IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE
MORATORIUM; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
On January 20, 1998, the Mayor & City Commission adopted Ordinance No. 2 -98 -1650, which
provided for a 180 -day moratorium on the acceptance and review of applications relating to
telecommunication towers in order to prepare and adopt minimum standards for the location and
approval of telecommunication towers.
Due to the loss of key staff members, regulations were not developed within the 180 -day period.
Therefore, on June 9, 1998, the Mayor & City Commission extended the moratorium through October
17, 1998.
Telecommunication Tower Moratorium Extension: 18t Reading October 6, 1998
Although the Planning Board and staff have worked diligently to create regulations, which were
presented to the City Commission for first reading on September 15th and discussed in depth at a public
workshop on September 281h, the City would benefit from further exploration of the complex issues
surrounding these regulations. Additionally, the Mayor & City Commission, following earlier requests
by staff, specifically requested that the telecommunication industry provide the City with propagation
maps and pictures of existing facilities. These materials have not yet been received and are integral to
drafting the best possible regulations.
The proposed ordinance would extend the moratorium until December 1, 1998, allowing the industry
representatives to submit the requested information and enabling the City to develop the best possible
regulations.
RECOMMENDATION: Approval.
Attachment:
Proposed Ordinance
Telecommunication Tower Moratorium Extension: 1st Reading October 6, 1998 2
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE;
6 PROVIDING A 45 -DAY EXTENSION OF THE MORATORIUM ON THE
7 ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF
8 DEVELOPMENT PERMITS, FOR THE INSTALLATION OF
9 TELECOMMUNICATION TOWERS AND ANTENNAS, SET FORTH BY
10 ORDINANCE NO. 2 -98 -1650 AND ORDINANCE NO. 10 -98 -1658,
11 IN ORDER TO ENABLE TELECOMMUNICATION PROVIDERS TO
12 SUBMIT PROPAGATION MAPS AND OTHER SUPPORT MATERIALS,
13 WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR AND CITY
14 COMMISSION ON JUNE 23, 1998, ALLOWING THE CITY TO ADOPT
15 MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF
16 TELECOMMUNICATION FACILITIES; PROVIDING THAT ORDINANCES
17 IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE
18 TIME PERIOD OF THE MORATORIUM; PROVIDING FOR
19 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
20 DATE.
21
22
23 WHEREAS, the Congress of the United States adopted the
24 Telecommunications Act of 1996, providing for federal regulation
25 of wireless telecommunications, a technology of wireless voice,
26 video and data communications systems, which requires land -based
27 facilities that impact planning and zoning concerns in the City
28 of South Miami and throughout the United States; and,
29
30 WHEREAS, the City has received, and expects to receive
31 additional requests from telecommunication service providers to
32 site wireless telecommunication towers and antennas within its
33 municipal boundaries and the City is authorized by federal,
34 state and local law to regulate the siting of such towers and
35 antennas; and,
36
37 WHEREAS, the Mayor and City Commission finds that it is in
38 the public interest to regulate the siting of wireless
39 communication towers and antennas within the municipal
40 boundaries; and,
41
42 WHEREAS, it is the intent of the City Commission to provide
43 reasonable accommodation, and to promote and encourage fair and
44 reasonable competition, among telecommunication service
45 providers, or providers of functionally equivalent services, on
46 a neutral and non - discriminatory basis; and,
47
48 WHEREAS, Ordinance No, 2 -98 -1650 was passed and adopted on
49 January 20, 1998, providing a 180 -day moratorium on acceptance
Telecommunication Tower Moratorium Extension: 1St Reading October 6, 1998 1
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and review of applications, and issuance of development permits,
for the installation of telecommunication towers to enable the
City to adopt minimum standards for the location and
installation of telecommunication towers and antennas, for
establishing the priority order of use and, further, to
encourage the co- location of facilities, in a manner that is
consistent with, and implements, the City's comprehensive plan,
and is compatible with the existing patterns of development in
the City; and,
WHEREAS, on June 9, 1998, due to the loss of the City Staff
members primarily responsible for the development of minimum
standards for telecommunication facilities, the Mayor and City
Commission adopted Ordinance No. 10 -98 -1658, extending the
moratorium until October 17, 1998; and,
WHEREAS, on June 23, 1998, the Mayor and City Commission
held a public workshop with the Planning Board,
telecommunication industry representatives, and members of the
public in order to acquire the necessary input to draft
appropriate regulations; and,
WHEREAS, the Mayor and City Commission, following earlier
requests by staff, specifically requested the telecommunication
industry representatives to provide propagation maps, pictures
of existing telecommunication facilities, and other
supplementary materials; and,
WHEREAS, those materials have not been adequately provided
as of October 1, 1998, effectively impeding the ability of the
Mayor and City Commission to properly evaluate a proposed
ordinance regulating telecommunication facilities in the City of
South Miami; and,
WHEREAS, the Mayor
telecommunication industry
requested propagation ma
telecommunication facilities,
in order to provide the City
regulations regarding the
telecommunication facilities.
and City Commission desire
representative to submit the
0s, pictures of existing
and other supplementary materials
vith the necessary input to adopt
siting and approval of
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Whereas clauses are incorporated in, and
made a part of, this ordinance.
Telecommunication Tower Moratorium Extension: 18t Reading October 6, 1998 2
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Section 2. The Mayor and City Commission of the City of
South Miami hereby declare a 45 -day extension of the moratorium
approved on January 20, 1998, as set forth by Ordinance No. 2-
98 -1650, and extended on June 9, 1998, as set forth by Ordinance
No. 10 -98 -1658, on all actions relating to acceptance and review
of applications, and issuance of development permits, for the
installation of telecommunication towers, to enable the City to
prepare and adopt minimum standards for the location and
approval of telecommunication towers.
Section 3. The moratorium shall be effective through
December 1, 1998, unless extended by the City Commission.
Section 4. All ordinances, resolutions and parts
thereof, in conflict with this extension of the development
permit moratorium shall not be in force and effect during the
time period of the moratorium.
Section 5. If any section, clause, sentence, or phrase
of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions
of this ordinance.
Section 6. This ordinance shall take effect immediately
at the time of its passage.
PASSED AND ADOPTED this 20th day of October, 1998.
ATTEST:
CITY CLERK
CITY ATTORNEY
APPROVED:
MAYOR
2nd extension of telecommunication moratorium.doc
Telecommunication Tower Moratorium Extension: 1st Reading October 6, 1998 3
TO:
FROM:
SOUTH MIAMI POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
Mayor and City Commission DATE: Sept. 2, 1998
Charles D. Scurr,
City Manager
T?
SUBJ. Agenda Item #
Comm.Mtg. Oct. 6. 1998
Section 4 -3, Code of
Ordinances
-----------------------------------
------------------------------------
Attached is an ordinance repealing Section 4 -3, Seizure and
Forfeiture of Illicit Liquors, Stilling Apparatus, etc. of the Code
of Ordinances of the City of South Miami.
This section deals with the transportation, concealment and /or
manufacture of moonshine whiskey or any components thereof. State
law under Section 562.35, Fla Stat. addresses the same subject. As
such, this ordinance is not necessary. The current ordinance also
provides for deposit of forfeiture proceeds into the general fund,
which is not permissible under Section 932.701 et seq. Fla. Stat.
the Florida Contraband Forfeiture Act.
Your concurrence in the repealing of this obsolete act is
respectfully requested.
CW /gf /esw
SOUTH MIAMI POLICE DEPARTMENT
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: Sept. 1,1998 926
FROM: Charles D. Scurr, SUBJ.Agenda Item
City Manager Comm.Mtg. Oct. 6, 1998
Section Deletions Chapter
15, Code of Ordinances
Attached is an Ordinance pertaining to the deletion of certain
sections of Chapter 15 of the Code of Ordinances of the City of
South Miami.
These deletions are necessary to eliminate the office of special
police officer and the ensuing duties placed upon these persons, as
well as the burden placed upon theater operators as a result of
these sections.
The abolition of this position in its entirety is consistent with
the various state laws governing police officer standards and
training as well as laws governing arrest powers.
Your concurrence is respectfully requested.
CW /gf /esw
SOUTH MIAMI POLICE DEPARTMENT
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission
FROM: Charles D. Scurr,
City Manager
46 Fa.,
DATE: Sept. 2, 1998
Agenda genda Item 112
Comm.Mtg. Oct. 6, 1998
Section 15 -82 and New
Section 15 -82A, Code of
Ordinances
Attached is an Ordinance which creates a new section of the Code of
Ordinances of the City of South Miami. Section 15 -82A deals with
noises and music emitting from motor vehicl.es within city limits.
This Ordinance will limit the volume which a vehicle's radio may be
turned up to a distance of not more than 50 feet. The Ordinance
prohibits a motor vehicle from emitting a loud noise (non - music) in
excess of 100 feet. Further, the new ordinance specifically
excludes vehicles that have not been modified to purposely emit
loud noise, such as garbage trucks, etc. What it will prohibit are
vehicles which have had modifications made to the engine, exhaust
system, etc. for the sole purpose of creating noise.
Section 15 -82 has the word "vehicle" deleted to avoid contradiction
between that section and the new one, and the word "plainly"
deleted to eliminate ambiguity.
Your concurrence is respectfully requested.
CW /gf /esw
Att.
SOUTH MIAMI POLICE DEPARTMENT
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission
FROM: Charles Scurr,
City Manager GI"
DATE: Sept. 17,1998 ;4
SUBJ:Agenda Item #
Comm. Mtg. Oct. 6,1998
Section 15 -98, Code of
Ordinances - Cruising
Attached is an ordinance creating a new section of the Code of
Ordinances of the City of South Miami. This new ordinance deals
with the issue of cruising.
It is anticipated that the downtown area, especially the area
around the Shops at Sunset Place, will generate a tremendous volume
of vehicles and pedestrians. Vital to the success of the downtown
area, as well as to the public safety, is the regulation of traffic
movement and the concurrent need to regulate traffic volume.
This ordinance empowers the Police Department,with established
criteria, to eliminate the negative impact of people driving around
the downtown area with no destination or purpose. It also creates
another law enforcement tool for those who may drive the area with
negative intentions.
Your concurrence is respectfully requested.
CW /gf /esw
Att
TO:
FROM:
SOUTH MIAMI POLICE DEPARTMENT
INTER- OFFICE MEMORANDUM
Mayor and City Commission
Charles Scurr,
City Manager
DATE: Sept. 17,1998
SUBJ.Agenda Item #�
Comm-Mtg. Oct. 6,1998
Section 15 -98, Code of
Ordinances - Cruising
Attached is an ordinance creating a new section of the Code of
Ordinances of the City of South Miami. This new ordinance deals
with the issue of cruising.
It is anticipated that the downtown area, especially the area
around the Shops at Sunset Place, will generate a tremendous volume
of vehicles and pedestrians. Vital to the success of the downtown
area, as well as to the public safety, is the regulation of traffic
movement and the concurrent need to regulate traffic volume.
This ordinance empowers the Police Department,with established
criteria, to eliminate the negative impact of people driving around
the downtown area with no destination or purpose. It also creates
another law enforcement tool for those who may drive the area with
negative intentions.
Your concurrence is respectfully requested.
CW /gf /esw
Att
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, CREATING SECTION 15 -98, EN-
TITLED "CRUISING ";PROVIDING FOR SEVER -
ABILITY;ORDINANCES IN CONFLICT AND PRO-
VIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami's downtown shopping district
has been re- structured to be more pedestrian friendly; and
WHEREAS, growth in the downtown area, including the Shops at
Sunset Place, is expected to generate extremely high levels of
pedestrian traffic and vehicular traffic; and
WHEREAS, an integral part of assuring the safety of residents
and visitors is the smooth and orderly flow of traffic; and
WHEREAS, the volume of traffic to the downtown area
necessitates that certain regulations be enacted for the public
good; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. That Section 15 -98 Cruising, of the Code of
Ordinances of the City of -South Miami be created, as follows:
1. The purpose of this ordinance is to reduce traffic
congestion, excessive noise and pollution promote public safety
and to ensure safe and orderly passage of pedestrians and vehicles
in the Downtown South Miami area.
2. For purposes of this ordinance the following streets
are identified as cruising areas for the purpose of enforcement-
SW 72 Street (Sunset Drive) between US 1 and SW 57
Avenue (Red Road); SW 57 Avenue (Red Road) between US 1 and SW 73
Street: SW 73 Street between SW 57 Avenue (Red Road) and US 1• US
1 between SW 73 Street and SW 57 Avenue (Red Road)• SW 58 Avenue
between US 1 and SW 73 Street; SW 71 Street between US 1 and SW 58
Avenue;
3. Definitions: The following words terms and phrases
when used in this ordinance shall have the meanings ascribed to
them In this section except where the context clearly indicates a
different meaning.
A. Cruising: Unnecessary repetitive driving means
driving a motor vehicle three or more times in any two hour period
between the hours of 12:01 PM (Noon) and 6.00 AM on weekends or
national holidays and after 4.00 PM on Christmas Eve and New Year's
Eve, past a designated traffic control point established by the
1 -2-
2
3 Police Department at or near a place where traffic is congested.
4
5 B. Motor vehicle means any self - propelled device
6 in, upon or by which any person or property is or may be
7 transported or drawn upon a public right -of -way, excepting devices
8 moved by human power or exclusively upon rails or tracks.
9
10 C. National holidays means New Year's Eve
11 commencing at 4:00 PM, New Year's Day, Martin Luther King Day,
12 President's Day, Memorial Day, Independence Day, Labor Day,
13 veterans' Day, Thanksgiving Day, Christmas Eve commencing at 4:00
14 pm and Christmas Day. Unless otherwise specified herein, each
15 national holiday shall begin at 12:01 AM of the date on which it is
16 observed nationally.
17
18 D. Traffic control point means a clearly identified
19 reference point as determined and marked from time to time by the
20 Police Department
21
22 E. Weekend includes all hours between 6:00 PM on
23 Fridays and 6:01 AM on Mondays.
24
25 4. It shall be unlawful to engage in cruising. For
26 purposes of this section, the person having control and /or
27 ownership of a motor vehicle shall be considered the person
28 cruising, without regard as to whether that person was actually
29 driving the motor vehicle each time it passed the traffic control
30 point. Having control or ownership of a motor vehicle means either
31 the owner of the vehicle as stated on the vehicle registration if
32 present in the vehicle at the time of the violation, or if the
33 owner is not present in the vehicle, the person operating the
34 vehicle at the time of the violation of this section.
35
36 5. The prohibition of cruising shall not apply to
37 governmental and emergency vehicles, including but not limited to
38 police and fire vehicles and ambulances when operated for official
39 purposes; dulv licensed public transportation vehicles: vehicles in
40 use for business and /or commercial purposes.
41
42 6. When deemed necessary by the Police Department signs
43 will be erected at the necessary locations within the boundary area
44 to prohibit cruising. Upon observation that a motor vehicle has
45 passed the established warning area twice within a two hour period
46 the vehicle shall be stopped and notice shall be given to the
47 operator and to each passenger that any subsequent operation of the
48 vehicle in the area and /or past the warning point within two hours
49 of the first traversing of the street shall constitute a violation
50 of this section. The notice may be oral or in writing and shall
51 briefly and generally describe the area where cruising is
52 prohibited. No citation shall be issued for a cruising violation
53 unless the motor vehicle has first been stopped and the above
54 described oral or written warning given to the occupants.
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Section 2. If any section, clause, sentence, or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portion of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. The ordinance be effective immediately after the
adoption hereof.
PASSED AND ADOPTED THIS DAY OF ,1998.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR