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11-04-97MAYOR: Anita M. Price, Ph.D. CITY MANAGER: VICE MAYOR: Julio Robaina CITY ATTORNEY: rOMMISSIONER: Arwando Oliveros, Jr. CITY CLERK: CONF415SIONER: David D. Bethel COMMISSIONER: R. Paul Young, Ed.D. L. Dennis Whitt Earl G. Gallop Ronetta Taylor CITE' COMMISSION AGENDA Regular City Commission Meeting Meeting date: November 4, 1997 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: November 18, 1997 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami. Ordinance No. 6 -66 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentations: ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - October 21, 1997 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - November 4, 1997 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ADOPTION OF CHANGES IN FEDERAL LAW GOVERNING 457 DEFERRED COMPENSATION PLANS. (Administration) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CALLING A GENERAL ELECTION FOR THE CITY OF SOUTH MIAMI, TO ELECT A MAYOR TO SERVE FOR A TWO (2) YEAR TERM AND CITY COMMISSIONER FROM GROUPS I AND IV TO SERVE A FOUR YEAR TERM; SETTING THE DAY, PLACE AND TIME OF THE ELECTION; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO COMPLY, IN CONJUNCTION WITH DADE COUNTY SUPERVISOR OF ELECTIONS ALL APPLICABLE STATE, COUNTY AND MUNICIPAL ELECTION LAWS. (Administration) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE CITY ADMINISTRATION TO DISBURSE THE SUM NOT TO EXCEED $2,500 FOR REMOVAL OF PAVEMENT AT THE S.W. 60TH COURT CUL -DE -SAC, IN ACCORDANCE WITH THE IMPLEMENTATION PROJECTS IN THE SNAPPER CREEK NEIGHBORHOOD PLAN PRELIMINARY CONCEPT; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 12- 1730 - 541.46 -40, "MAINTENANCE AND REPAIRS OF STREETS AND PARKWAYS;" AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /Public Works /P &Z) 3/5 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 $89,579.00 FOR THE PURCHASE OF A REFUSE COLLECTION TRUCK BY THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1720- 534 -6430, OPERATING EQUIPMENT, PACKER TRUCK. (Administration /Public Works) 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 $12,307.00 TO DON REID REGULAR CITY COMMISSION 2 AGENDA - November 9, 1997 FORD, INC., FOR THE PURCHASE OF A PICKUP TRUCK FOR USE BY THE CODE ENFORCEMENT DIVISION OF THE BUILDING AND ZONING DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760- 519 -6430, "EQUIPMENT- OPERATING". (Administration /Code Enforcement) 3/5 9. 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. (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 DISBURSE THE SUM OF $2,651.00 FOR PURCHASE OF COMPUTER NETWORK SERVER'S MEMORY AND HARD DRIVE UPGRADES, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100- 519 -6340, OPERATING EQUIPMENT. (Administration) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY THE REMAINING BALANCE OF $79,598.08 TO PURCHASE THE PROPERTY AT 6820 SW 647H AVENUE FOR THE PURPOSE OF ESTABLISHING A PUBLIC PARK FOR THE USE OF RESIDENTS. THIS EXPENDITURE IS TO BE DRAWN FROM ACCOUNT NUMBER 001 - 0000 - 133.10 -70, DUE FROM FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM. (Administration /Office of Dev.) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INITIATION OF CONTACT THE CITY MANAGER'S OFFICE WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO EXPLORE POSSIBLE FUNDING FOR PROJECTS FOR THE CITY OF SOUTH MIAMI. (Commissioner Oliveros) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSIONS OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; AUTHORIZING THE CITY ATTORNEY TO ENGAGE SMITH BARNEY TO REGULAR CITY COMMISSION 3 AGENDA - November 4, 1997 PERFORM A COMPLIANCE AUDIT OF THE CITY'S FOR A FEE NOT TO EXCEED $5,000; CHARGING THE CITY EMPLOYEE PENSION FUND; PROVIDING DATE. (Administration) PENSION PLAN THE AMOUNT TO AN EFFECTIVE 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING(S) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PERSONNEL SYSTEM, AMENDING CHAPTER 16 -A(a) OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1 -t Reading - October 21, 1997) (Administration) 3/5 RESOLUTION(S) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN EXTENSION OF THE CHARGE OF THE SNAPPER CREEK STEERING COMMITTEE IN ORDER TO PROVIDE AMPLE TIME SO THAT THE COMMITTEE MAY FINALIZE THE SNAPPER CREEK NEIGHBORHOOD PLAN, GUIDE CONSTRUCTION OF SELECT PROJECTS AND DEVELOP REGULATIONS TO IMPLEMENT THE SNAPPER CREEK NEIGHBORHOOD PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. (Mayor Price) 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARGES AGAINST CITY MANAGER L. DENNIS WHITT IN THE CARRYING OUT OF HIS OFFICIAL DUTIES; STATEMENTS MADE BY COMMISSION MEMBERS AND A FORMER PART -TIME TEMPORARY EMPLOYEE AND THE RESULTING PUBLICITY EFFECT IN THE CITY OF SOUTH MIAMI AND DADE COUNTY. (Commissioner Young) 3/5 ORDINANCE(S) FIRST READING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASES; APPROVING A LEASE WITH BELLSOUTH MOBILITY, INC. FOR A PORTION OF DANTE FASCELL PARK FOR THE INSTALLATION AND REGULAR CITY COMMISSION 4 AGENDA - November 4, 1997 OPERATION OF TELECOMMUNICATION FACILITIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Administration) 4/5 PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 5 AGENDA - November 4, 1997 ........... CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: L. ennis Whitt DATE: 10/31/97 AGENDA ITEM # Comm. Mtg. 11/4/97 457 DEFERRED COMPENSATION PLANS The Internal Revenue Code governing 457 deferred compensation plans was recently amended by the United States Congress to include creation of a trust fund to hold all the assets of the plan, and indexing the annual contribution maximum. The attached resolution adopts those changes in Federal Law governing 457 Deferred Compensation Plans. I recommend approval. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ADOPTION OF 5 CHANGES IN FEDERAL LAW GOVERNING 457 DEFERRED 6 COMPENSATION PLANS. 7 8 WHEREAS, the City of South Miami employee deferred compensation plans (Section 9 457) are presently being administered by ICMA Retirement Corporation, Equitable Company, 10 Security First Group, Inc.; and 11 12 WHEREAS, the Internal Revenue Code governing Section 457 deferred compensation 13 plans was recently amended by the United States Congress to include creation of a trust fund to 14 hold all the assets of the plan, and indexing of the annual contribution maximum; and 15 16 WHEREAS, the City Administration wishes to incorporate these changes into City 17 deferred compensation plans by advising our Plan Administrators to adopt the recent amendments. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI: 21 22 Section 1. That the assets of the Plans shall be held in trust, with the City of South Miami 23 serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the 24 assets shall not be diverted to any other purpose. 25 26 Section 2. That the annual contribution maximum shall be indexed to increase in $500.00 27 increments, based on changes in Consumer Price Index. 28 29 Section 3. That the City Manager is authorized to forward this resolution to all our 30 Deferred Compensation Plan Administrators for immediate implementation. 31 32 Section 4. That this resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this day of , 1997. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 READ AND APPROVED AS TO FORM: 42 43 44 CITY ATTORNEY CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 10/31/97 AGENDA ITEM # Soo FROM: L. nannis Whitt Comm. Mtg. 11/4/97 City e / CALLING GENERAL ELECTION The attached resolution calls for the City of South Miami General Election to elect a Mayor to serve for a two (2) year term and Commissioners from Groups I and IV to serve for four (4) year terms to be held Tuesday, February 10, 1998. It further sets the place of the election to be held at the Sylva G. Martin Community Building from 7 :00 a.m., to 7 :00 p.m. In addition, it provides for the qualifying period to start Friday, January 2, 1998 ending Friday, January 9, 1998 at 5:00 p.m., sharp! The close of voter registration books is January 12, 1998. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CALLING A GENERAL ELECTION FOR THE CITY OF SOUTH MIAMI TO ELECT A MAYOR TO SERVE FOR A TWO ( 2 ) YEAR TERM AND CITY COMMISSIONER FROM GROUPS I AND IV TO SERVE FOR A FOUR YEAR TERM; SETTING THE DAY, PLACE AND TIME OF THE ELECTION; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO COMPLY, IN CONJUNCTION WITH DADE COUNTY SUPERVISOR OF ELECTIONS ALL APPLICABLE STATE, COUNTY AND MUNICIPAL ELECTION LAWS. WHEREAS, section 2 of article V, of the city of South Miami charter entitled "Election" provides that the City of South Miami General Elections for the Commission shall be held during the month of February each even numbered year; and WHEREAS, the General Election shall be conducted on a group basis for each member of the City Commission to be elected; and WHEREAS, each Commission seat to be filled at said election shall be designated numerically, and each candidate for the City Commission shall designate in which numerical grouping he or she is to be a candidate; and WHEREAS, upon the close of the polls and the casting of the ballot by the last person then entitled to vote, the Canvassing Committee, comprised of the majority of the Commission and the City Clerk, shall publicly record the results of the election and proceed to tabulate the absentee ballots and certify the results. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. There is hereby called for the City of South Miami, Florida a General Election for Tuesday, February 10, 1998 to elect a Mayor to serve for a two (2) year term as provided by law and City Commissioners from Groups I and IV to serve for a four (4) year term as provided by law. Section 2. Voting shall be conducted at the Sylva G. Martin Community Building, 6130 Sunset Drive, South Miami, Florida. Section 3. The polls shall open precisely at 7:00 a.m., and close precisely at 7:00 p.m., on Tuesday February 10, 1998. Section 4. The qualifying period for this General Election shall open Friday, January 2, 1998 and close Friday, January 9, 1998 at 5:00 p.m., sharp! 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 Section 5. The Election Books shall close Monday, January 12, 1998. Section 6. The City Clerk is hereby authorized and directed to comply in conjunction with Dade County Supervisor of Elections all applicable State, County, and Municipal election laws. Section 7. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: day of APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY , 1997. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 30, 1997 Agenda Item # From: L. D " gs .bC-(/ Re: Comm. Mtg. 11/04/97 City Manager S.W. 60th Court Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $2,500 FOR REMOVAL OF PAVEMENT AT THE S.W. 60TH COURT CUL -DE -SAC, IN ACCORDANCE WITH THE IMPLEMENTATION PROJECTS IN THE SNAPPER CREEK NEIGHBORHOOD PLAN PRELMIMNARY CONCEPT; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 12- 1730 - 541.46 -40, "MAINTENANCE AND REPAIRS OF STREETS AND PARKWAYS;" AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On October 22, 1997, the Snapper Creek Steering Committee unanimously voted to recommend approval to the City Commission of the SW 60th Court cul -de -sac project. This is a cooperative project where Public Works will contract to remove a portion of the asphalt in the center of the cul -de -sac, and residents living around the cul -de -sac will plant oak trees, lay sod and place two park -style benches in the newly created landscaped area at the center of the cul -de -sac. This project initiates implementation of The Snapper Creek Neighborhood Plan Preliminary Concept. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Estimate from Homestead Concrete Drainage, Inc. Drawing of Cul -de -Sac Configuration and Proposed Planting Excerpt page from the Implementation Projects List found in The Snapper Creek Neighborhood Plan Preliminary Concept City Manager's Report: S.W. 60th Court Resolution (Consent Agenda) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $2,500 FOR REMOVAL OF PAVEMENT AT THE S.W. 60TH COURT CUL -DE -SAC, IN ACCORDANCE WITH THE IMPLEMENTATION PROJECTS IN THE SNAPPER CREEK NEIGHBORHOOD PLAN PRELIMINARY CONCEPT; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 12- 1730 - 541.46 -40, "MAINTENANCE AND REPAIRS OF STREETS AND PARKWAYS;" AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, for purchases in excess of $1,000, Article III, §5H of the City Charter requires Commission approval by competitive process from at least three different sources of supply; and, WHEREAS, the above captioned work shall be performed by Homestead Concrete & Drainage, Inc., a contractor, which has been previously approved by the City Commission to install and repair sidewalks and storm drains for the City, based upon a competitive bid contract award; and, WHEREAS, as a result of the Snapper Creek Charrette, the Snapper Creek Steering Committee has identified a "quick victory" project at the S.W. 60th Court cul -de -sac which will involve the donated labor and materials of adjacent homeowners and residents, in conjunction with the City's proposed action herein; and, WHEREAS, the Mayor and City Commission find it is in the public interest to encourage, support and promote projects which involve public and private cooperation, and, especially, projects which implement plans formulated as part of charrette activities, such as The Snapper Creek Neighborhood Plan Preliminary Concept. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: S.W. 60th Court Resolution: November 4, 1997 16 1 2 Section 1. The City Administration is authorized to disburse 3 a sum not to exceed $2,500 to the firm of Homestead Concrete 4 Drainage, Inc., for removal of asphalt and related services at 5 the S.W. 60th Court cul -de -sac in the Snapper Creek Neighborhood. 6 7 8 Section 2. This disbursement shall be charged to expenditure 9 Account Number 12- 1730 - 541.46 -40, entitled "Maintenance and 10 Repairs of Streets and Parkways." 11 12 13 Section 3. This resolution shall take effect immediately 14 upon approval. 15 16 17 PASSED AND ADOPTED this 4th day of November, 1997. 18 19 20 21 ATTEST: APPROVED: 22 23 24 25 26 CITY CLERK MAYOR 27 28 29 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 30 Mayor Price: 31 Vice -Mayor Robaina: 32 Commissioner Oliveros: 33 Commissioner Bethel: 34 CITY ATTORNEY Commissioner Young: 35 36 37 38 c:\ ... \ Snapper Creek \ Cul -de- sac- res.doc 39 S.W. 60th Court Resolution: November 4, 1997 2 6 October 20, 1997 City of South Miami 4795 SW 75 Ave So. Miami, Fl. 33155 AttN: David Goodin Re: Sw 60 Ct -& 82 Street WATER SERVICE & SEWER CONNECTION • ORIVEWAYS * SIDEWALKS • 5LA85 t FLOORS • CURBS it GUTTERS * ASPHALT AVAILABLE SERVING YOU SINGE 1979 LICENSED & INSURED CC#C -861 Our proposal for the above location is as follows: Remove road domoli.tIvn debris, nawcut & placing of 50/50 nand -muck mixture 82250.55 These prices do not include the costs for permita, excavatson or surveying. Sf you have any quvstivns regarding this proposal please contact Alfredo at the office. Sincerely, HOnESTEAD CONCRETE & DRAINAGE, INC. c Linda Dingle Secretary MCI 2 Q X997 PLAN( IN 1 P.O. BOX 1273 • HOMESTEAD, FL 33090 - (305) 248 -9649 - FAX (305) 248 -9650 Proposed Creation of a Landsccped"Arec within the SW 60th Court Cu I -de -sac ocated south of SW 82 Street 8 "Di WatE Bench !d sped Notes 1) The center of the cut -de -sac is to be excavated to a depth of 6" be I ow grade , and rep I aced w i th a 50/50 m ixture of sand and organ ics (muck) . 6 Unimproved Right -of Way Area on SW 60 Avenue • Create a neighborhood meeting place. • Plant shade trees to create a park atmosphere. • Add a mulch path for leisurely strolls between the two streets. • Provide lighting This unimproved right -of -way offers the opportunity to create a little park which would be kept in a natural state with a small path to allow pedestrian access between the two parallel streets. This right -of -way should be designated for pedestrian use only. SW 58 Avenue • Provide four -way stops at the intersections of SW 82 Street and SW 84 Street to help slow traffic down and prevent cut - through traffic. • Create raised, textured intersections at SW 82 Street, SW 84 Street, and SW 86 Street to provide for a change in the driving environment, causing drivers to be more alert. • Reduce road widths. • Reduce turning radii. • Plant street trees. The four -way stop and accented intersections will calm traffic, and give the neighborhood a unified look and feel. SW 60 Court Cul -de -sac • Create a landscaped cul -de -sac in cooperation with the local residents. • Plant shade trees. The improvements to the cul -de -sac on SW 60 Court will create a neighborhood meeting place and provide additional pervious area in a location where ponding frequently occurs. N CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: November 4, 1997 FROM: ZQXT Agenda Item # 1. City Manager Commission Meeting, November 4, 1997 Purchase of a Refuse Collection Truck The attached resolution seeks the approval of the Mayor and Commission to purchase a refuse collection truck (Packer Truck). The active working life for this vehicle averages five (5) to seven (7) years, the City is due to make an acquisition that will keep the stock current and in good working order. Funds for this purchase were included in the recently approved budget and we have been fortunate to locate a vendor that will meet all specifications at a cost that is less than initially projected. Therefore, I recommend that the purchase be approved by the Mayor and City Commission. RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 3 MANAGER TO DISBURSE THE SUM OF $ 89,579.00 FOR THE 4 PURCHASE OF A REFUSE COLLECTION TRUCK BY THE PUBLIC 5 WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO 6 ACCOUNT NO. 1720 -534 -6430, OPERATING EQUIPMENT, PACKER 7 TRUCK. 8 9 WHEREAS, the useful life expectancy of a refuse collection truck, a.k.a. Packer Truck, is five 10 (5) to seven (7) years, and; 11 12 WHEREAS, in order to provide the most cost effective service possible, the City of South Miami 13 must periodically replace refuse collection trucks, and; 14 15 WHEREAS, the City of South Miami has identified Atlantic Ford Truck Sales as a local vendor 16 providing this vehicle under the 1997 -98 State of Florida Contract #070 - 700 -310. 17 18 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the 19 CITY OF SOUTH MIAMI, FLORIDA that: 20 21 Section 1. The City Manager is hereby authorized to disburse the sum of $ 89,579.00 to Atlantic 22 Ford Truck Sales: 23 24 Section 2. The purchase is for one (1) cab and chassis with a twenty -five (25) yard Leach 2R -II 25 body for refuse collection. 26 27 Section 3. This resolution shall be effective immediately after adoption hereof. 28 29 30 PASSED AND ADOPTED this Fourth day of November 1997. 31 APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY i WED 9:H Ali GEORH- ELTISO FAX Na. i 407 $523849 F. 2 S N- 8 0 T R II C R S Time: 30:16 AN page 1 of 1 10/29/1997 ATLANTIC FORD TRUCK SALES,INC. 2565 W. STAVE RD.84 FT. LAUDERDALE FL 33312 1 -954 -587 -8220 FAX: 1 -954- 797 -9720 NO. OF UNITS-* 1 S U N N A R Y Q U O T A T I O N ( Price Level = 901 Model Year = 1999 Version = v3.01U.1.0 ) Model ............................. 101" BBC Mid -Range 6X4 (LT8501) Wheelbase WBm;213 CA =144 AF =75 OAL =320 Engine Cat 3126 Electronic 250 HP 2400 RPM Transmission .............. Allison MD3060CR -P 6 -Speed Electronic Front Axle ............. .....................•• 12000 lb Front Axle Rear Axle .................... 40000 lb Rockwell RT -40 -145 Steel 1S Axle Ratio 6..43 Paint ............ Special White GAWR: Front: 12000 /Rear: 40000 GVWR: Frame: 64000 /Total: 52000 Total Weight Front: 7337 /Rear: 7165 BasePrice ..... ............... ............................... 55056 Option Content ............................. 16691 Miscellaneous Dealer Options .................. I ...... I .......... I.......... 36550 Freight......................... ............................... 875 Total Vehicle Price with Freight 109172 Customer Discount ............. ............................... -19593 Total Equipment Price (Excluding Taxes and Title) ............. 69579 Net Trade Allowance ................. 0 Total Price to the Customer ... ............................... 89579 Comments: 1997 -98 STATE CONTRACT #070 -700 -310 KG REAR VISION CAMERA SYSTEM $1350.00 Dealer Signature Date Customer Signature Date CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: November 4, 1997 FROM: a Agenda Item # City Manager Commission Meeting, November 4, 1997 CODE ENFORCEMENT PICKUP TRUCK - INSPECTORS The resolution attached seeks authorization of a $12,307.00 expenditure for a mid -size pickup truck for use by the Code Enforcement Division of the Building Department. The cost includes a five year /75,000 warranty. This expenditure was approved in this year's budget, and is part of a phased in vehicle replacement program for the Division. The program is intended to lower annual vehicle operation and maintenance costs, as well as increasing the inspectors' effectiveness. I recommend approval of this expenditure. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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 $12,307.00 TO DON REID FORD, INC. FOR THE PURCHASE OF A PICKUP TRUCK FOR USE BY THE CODE ENFORCEMENT DIVISION OF THE BUILDING AND ZONING DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760 -519- 6430, "EQUIPMENT - OPERATING ". WHEREAS, the age of the older vehicles used by Code Enforcement inspectors average over five years, and; WHEREAS, a vehicle replacement program was adopted last fiscal year to improve the operation's efficiency and reduce maintenance costs, and; WHEREAS, funding for this program is included in this fiscal year's Code Enforcement Division budget. 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 a competitive price for a compact pickup truck with extended warranty based on State Contract No. 97 -05 -0915 awarded to Don Reid Ford. Section 2. The City Manager be, and is hereby authorized to disburse the sum of $12,307.00 to Don Reid Ford, Inc. Section 3. That this resolution shall be effective immediately and after adoption hereof PASSED AND ADOPTED this 4th day of November, 1997. ATTEST: READ AND APPROVED AS TO FORM City Attorney APPROVED: Oct -17 -97 09:36A DON REID FORD FLEET 4076474779 P.01 FOOPISH DATE 10/16/97 To CITY OF SOUTH MIAMI Attention of PEDRO Address Quantity PER FSA 97 -05 -0915 SPEC 07 ESP BASE 5/75,000 ESP BASE 5 /100,000 City and State Description 1998 FORD RANGER PTCK —UP 112" WR 3.0 LTR V -6 F,NCINE AUTOMATIC OVERDRIVE TRANSMISSION FACTORY GUAGES POWER STEERING/POWER BRAKES ATR CONDITIONER AM /FM RAD I t) TINTED GLASS VINYL SEAT DOME. LIGHT SPARE TIRE INTERMITTENT WIPERS $710.00 1,355.00 TERMS: Settlement upon Delivery: Cash mechanical condition: ABOVE Price $11,597.00 PER UNIT $11,597.00 and the following described property in present for which a trade allowance of $ N/A will be made. We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance of this pro- posal will not be binding upon us until this proposal is approved heron in writing by an official of Don Reid Ford, Inc. Return of one copy of this proposal and your purchase order or'order number constitutes your official acceptance. Respectfully sub toed P.O. N DON REID R , I ACCEPTED BY ' uAIV rI1tM m^mF >�Y FLEET MANAGER OFF1e1w1, . -d TITU TITI.E- 1875 S. ORLANDO AVE•M=-ANE), FL 32751 •P.O. BOX 9400050MArrLANO. FL.:ta oa -� CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: RE: City Manager November 4, 1997 Agenda Item # Commission Meeting, November 4, 1997 Open Purchase Orders to Various Vendors The attached resolution seeks the approval of Open Purchase Orders for vendors frequently used by all divisions of the Public Works Department. Similar requests were approved by the Commission in July, 1995, June and December, 1996. A copy of the latter resolution is attached for your reference. The use of open purchase orders will expedite the purchasing process, which currently suffers from delays associated with the solicitation of price quotes for each individual purchase. 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. 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 nine months. 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. Approval of these open purchase orders will significantly enhance the Department's efficiency and the quality of its service delivery to the public. Therefore, I recommend that the procedure be approved by the Mayor and City Commission. Attachment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 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 1 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: Section 1. 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: VENDOR NAME Grainger (Hardware Supplies) Alayon Air Conditioning Central Supply Inc. (Air Conditioning Repair) Gem B Electric Supply Inc. Amerilumber Inc. (Hardware Supplies) Tower Paint All Clean Western Paper & Janitorial Supply Lawrence Plumbing O'Gee Paint Quality Chemical (Janitorial Supplies) AMOUNT $ 3,000.00 3,000.00 2,400.00 1,000.00 2,500.00 800.00 2,000.00 800.00 900.00 4,000.00 1710 -519 -4670 1710 -519 -4670 1710 -519 -4670 1710 -519 -4670 1710 -519 -4670 1710 -519 -4670 1710 -519 -4670 1710 -519 -4670 1710 -519 -4670 1710 -519 -5210 D 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 VENDOR NAME AMOUNT Coral Gables Lincoln Mercury (Parts) $ 2,000.00 1760 -519 -5240 American Genuine 3,000.00 1760 -519 -5240 Atlantic Paint & Body (Window & Door Parts) 1,800.00 1760 -519 -5240 Palmetto Truck (Ford Brakes) 2,000.00 1760 -519 -5240 Jack Lyons (Power Take Off Unit Parts) 1,500.00 1760 -519 -5240 South Florida Automotive (Parts) 3,000.00 1760 -519 -5240 Genuine Parts Company 1,500.00 1760 -519 -5240 Martino Tires 11,000.00 1760 -519 -5250 Specialty Oil 3,000.00 1760 -519 -5230 Global Industrial (Fittings Hydraulics, etc.) 3,000.00 1710 -519 -5260 General Welding 3,000.00 1760 -519 -4680 American Truck Crane (welding) 3,000.00 1760 -519 -4680 Jam Welding 1,500.00 1760 -519 -4680 Interstate Batteries 900.00 1760 -519 -4680 American Truck Crane (Heavy Equip. Repair) 2,500.00 1760 -519 -4680 David Harris Tire Service (Outside Labor/Repairs) 1,000.00 1760 -519 -4680 Ace Lawnmower 800.00 1760 -519 -4680 Coral Gables Lincoln Mercury (Deductibles/Repairs)2,000.00 1760 -519 -4680 Pride of Florida (Tires) 5,000.00 1760 -519 -5250 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 1997. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY �l ` CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: October 31, 1997 Agenda Item # 10 From: s Whitt ,/ Subject: Comm. Mtg. 11/4/97 Ci , Computer Upgrades This resolution approves disbursement of funds to Compaq Computer Corporation for the purchase of 32 and 64 MB Memory Expansion kits and two 4.3 GB Pluggable Wide -Ultra SCSI Hard Drives for Compaq Proliant 1500 network server. The cost for the upgrades will be $2,651.00, and will be paid from account # 2100 -519 -6430, Operating Equipment. This item was approved in the current budget. We are purchasing under Florida State Contract # 250- 040 -96 -1. I 2 3 4 5 6 7 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 $2,651.00 FOR PURCHASE OF COMPUTER NETWORK SERVER'S MEMORY AND HARD DRIVE UPGRADES, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -519 -6430, OPERATING EQUIPMENT. 8 WHEREAS, the memory and hard drive upgrades upgrade for the computer network server 9 are needed in order to accommodate additional users in the network without causing performance 10 degradation, as well as to allow the proposed network operating system software upgrade to 11 Windows NT 4.0; and 12 WHEREAS, the upgrade for the computer network server have been proposed and 13 approved in the Budget 1997 -98; and; 14 WHEREAS, the upgrades have to be purchased from Compaq in order to keep the server 15 under warranty; and 16 WHEREAS, Compaq Computer Corporation, Government- Education - Medical Sales, is a 17 provider under the Florida state Contract 250- 040 -96 -1; 18 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 19 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 20 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $2,651.00 21 to Compaq Computer Corporation for the purchase of 32- and 64 -MB Memory Expansion Kits and 22 two 4.3 -GB Pluggable Wide -Ultra SCSI Hard Drive for Compaq Proliant 1500 network server. 23 24 25 26 27 Section 2. The disbursement shall be charged to Account Number 2100 -519 -6430, Operating Equipment. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 28 29 3o ATTEST: 31 32 33 34 35 CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR i0TA m v CITY OF SOUTH MIAMI To: Diana Morris Date: October 29, 1997 Assistant City Manager From: Slaven Kobola, AICP Re: Computer Network — Server Upgrades ISIGIS Manager The following hardware upgrades for the Compaq Proliant 1500 server are required in order to the following reasons: • To allow accommodation of additional users in the network (Public Works, Parks & Recreation Departments and one additional computer in the City Clerk's Office) without causing performance degradation. • To allow the proposed network operating system software upgrade to Windows NT 4.0. The resulting server's memory increase to 128 MB and hard drive capacity to 5.3 GB (mirrored for security) will provide resources to support the loads resulting from the accommodation of 33 users and newly proposed operating system. The server's random access memory (RAM) is currently 32 MB, which has provided acceptable performance during the initial setup with 18 users, and even for the current setup with 24 users. However, some delays have been noticed during usage, which required that the memory be upgraded. The server's hard drive is currently 90% filled as a result of the initially installed files and already implemented extensions of the system (incorporation of the computers in the City Manager's and City Clerk's offices). As a temporary solution, some files have been transferred off the server's hard drive in order to keep the space at the current level, which is the minimum required for the server's processing (to accommodate the swap file). �i.1 GEM DIRECT — COMPAQ 10/28/1987 15:10 PAGE 3/3 RightFAX Compaq Computer Corporation - 20555 State Highway 249 - MC 5 80401 - Houston, TX 77070 Government - Education - Medical Sales PRICE QUOTATION Page 1ofI Quote Number: GA21364 Slaven Kobola October 28, 9997 City of South Miami Provided by: Katrina Timmons Contract: Florida State (250 - 040- 96 -09) Product availability and product discontinuation is subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number from this quote on the corresponding purchase order. Part No. Description QtY. Unit Cost Extension 169170 -001 32- Megabyte Memory Expansion Kit (2x16MB /60ns) 1 $237.00 $237.00 169171 -001 64- Megabyte Memory Expansion Kit (2x32MB /60ns) 1 $472.00 $472.00 272577 -001 4.3- Gigabyte Pluggable Wide -Ultra SCSI Hard Drive 2 $971.00 $1,942.00 (1 -inch) Note: Slaven, l appologize for the delay in providing this quote. Please call if you have any questions. Ki TOTAL PRICE $29651.00 1 Note: This item is not included on the current contract. 2 Note: This item has been discontinued. Note: Options are not installed. Hardware warranties are extended only to the original owner. Notebooks carry a world wide warranty, all other products are warranted in the US only. Sales taxes added where applicable. Freight is FOB Destination. If you should have questions regarding this quotation or need any other assistance, please contact me at Compaq GEM Sales, 1- 800- 727 -2472 , FAX 1- 800 -826 -2329 to CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: M or and Commission From: L. Dennis Whitt City Manager Date: October 31, 1997 Agenda Item # I I Subject: Comm. Mtg. 11/4/97 Purchase of Park Property This resolution authorizes the City Manager disburse payment of $79,598.08, the remaining balance for property located at 6820 SW 64b Avenue (the park site) for the establishment of an open space park. The City of south Miami was awarded a grant in the amount of up to $100,000.00 from the State of Florida Recreation Development Assistance Program to be used toward the purchase of the park site. This grant is available as reimbursement to the City following disbursement of the funds for the purchase. OCT-31-,:-;7 FR I 16:28 OFFICE OF DEVELOPMENT 305 655 0381 P.03 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 2 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 3 CITY MANAGER TO PAY THE REMAINING BALANCE OF 4 $79,598.08 TO PURCHASE THE PROPERTY AT 6820 SW 64TH 5 AVENUE FOR THE PURPOSE OF ESTABLISHING A PUBLIC PARK 6 FOR THE USE OF RESIDENTS. THIS EXPENDITURE IS TO BE 7 DRAWN FROM ACCOUNT NUMBER 001 - 0000 - 133.10 -70, DUE 8 FROM FLORIDA RECREATION DEVELOPMENT ASSISTANCE 9 PROGRAM. 10 11 WHEREAS, pursuant to Resolution No. 211 -96 -9965, adopted as of December 2, 12 1996 (the "Open Space Park Resolution"), the Commission authorized the negotiation and 13 purchase of property located at 6820 SW 64th Avenue (the "Park Site') for the purpose 14 of establishing an open space park; and 15 16 WHEREAS, the City of South Miami was awarded a grant in the amount of up to 17 $100,000.00 from the State of Florida Recreation Development Assistance Program (the 18 "State Grant ") to be used toward the purchase of the Park Site; and 19 20 WHEREAS, the proceeds of the State Grant are available solely on a 21 reimbursement basis and for expenditures made on or prior to October 30, 1997; and 22 23 WHEREAS, the current outstanding balance of the purchase price of the Park Site 24 is an amount equal to ($79,598.53). 25 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section L The City Commission approves the expenditure of $79,598.58 from 31 Account #001 - 0000 - 133.10 -70, for the balance payment of the Park Site, and to facilitate 32 reimbursement form the State Grant. 33 34 Section 27 This resolution shall take effect immediately upon approval. 35 36 PASSED AND ADOPTED this 4th day of November, 1997. 37 38 ATTEST: APPROVED: 39 40 41 CITY CLERK MAYOR 42 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: October 31, 1997 Agenda Item # lj From: L. ,,j /;� J Subject: Comm. Mtg. 1114 97 Ci Manager SFWMD as funding source for Improvement Projects This resolution authorizes and directs the City Manager to initiate discussion with the South Florida Water Management District regarding the possible funding of improvement projects for the City of South Miami. This resolution was requested by Commissioner Oliveras. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 N RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INITIATION OF CONTACT THE CITY MANAGER'S OFFICE WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO EXPLORE POSSIBLE FUNDING FOR PROJECTS FOR THE CITY OF SOUTH Miami. WHEREAS, the Mayor and Commission are interested in exploring potential funding sources for necessary and needed projects to improve services and infrastructure within the city; and WHEREAS, South Florida Water Management District currently has funds available for qualifying municipal projects; and WHEREAS, the Mayor and Commission wish to have the City Manager's Office initiate discussion with staff from South Florida Water Management District regarding funding of improvement projects for the City. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized to contact, or to direct staff to contact the South Florida Water Management District with an effort to secure funding for required or needed improvement projects for the City. Section 2. upon approval. This resolution shall take effect immediately PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 1 1997. _ CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 295 1997 Fs From: Earl G. Gallop � Re: Resolution authorizing City Attorney to engage Smith Barney to audit pension plan. Statement of the problem: The city conunission is required to exercise due diligence in the management of pension funds. The pension plan has not been audited for compliance with laws for several years. In addition, the performance of the investment plan leas not been evaluated. Peter Bermont, of the Bermont Group at Smith Barney, submitted a proposal, at my request, to perform a compliance audit and performance evaluation for a. cost not to exceed $51000. The proposal is responsive to my directions. The firm will identify any deficiencies and under - performance of investments, and will make recommendations as may be ,appropriate. i expect that Smith Barney will give professional, unbiased advice concerning the performance of the investment plan. The work will be performed before the end of the year. A copy of the October 9 proposal and SOQ are attached, hi response to Commissioner Young's direction at the October 21 city commission meeting, in the event the consultant advises that the invested funds are under - performing, I will solicit proposals from qualified finncial advisors for an investment program. Recommendation: Approve the resolution authorizing the City Attorney to engage Smith Barney to perform the work. R RESOLUTION NO. 2 A RESOLUTION O THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; 4 AUTHORIZING TI IE CITY ATTORNEY TO ENGAGE SMITH BARNEY 5 TO PERFORM A COMPLIANCE AUDIT OF THE CITY'S PENSION 6 PLAN FOR A FEE NOT TO EXCEED $5,000; CHARGING THE AMOUNT 7 TO THE CITY EMPLOYEE PENSION FUND; PROVIDING AN 8 EFFECTIVE DATE. a WHEREAS, the Mayorand City Commission ofthe City of South Miami periodically 10 direct that City financial functions be audited for compliance with applicable laws; and, 11 WHEREAS, the Mayor and City Commission directed the City Attorney to submit 12 a proposal by a qualified turn for performing a compliance audit of the City's pension plaid 11 and to evaluate the performance of the investment program; and, 14 WHEREAS,, the City Attorney submitted a proposal by :smith Barney to perform the 5 work. 15 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 18 Section I. The proposal by Smith Banley, Inc., dated October 9, 1997, to perform 19 a compliance audit of the City's pension plan and to evaluate the performance of the 20 investment program is approved and the City Attorney is authorized to engage the tinrr for 21 a cost not to exceed `)i5,000.00, 22 Section 22_ Charges incurred For the work will he charged to the City Employee 23 Pension Fund, 24 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this _ day of_, 1997. 2 ATTEST: 3 4 CITY CLERIC 5 READ AND APPROVED AS TO FORM: CITY ATTORNEY � � +mithUarnov.�L:; APPROVED- MAYOR /3 MM4 A Maz*af aavakn(>0up'1' Octobar 9, 1997 Mr. Earl Oallop, ass. City attorney City of south Miami. 6134 sunset Drive South Mari( FL 33143 near Marl: 3qs ipr `1'te i BS:i16 ^•T•N1y@8Sr11Qi tt3 2C5-677-11C'.' t SClv"- 327 -46V This Letter is to propose that the City of South Miami retain the services of Smith Barney, Inc. for the p+urpcoe of evaluating the City's Pension System. our rib jective would be to evaluate the fcllowing areas: - Performance meamur*mant of the current adviser. -prudent, and 4?thlcal standards compliance. - COMPIianae with current Laws and Rules. - Proper Investm$nt Objectives being in placa and adhered to. go would avail ot3rse1ves of your Currsasttt advisors, The Wyatt wllson Co., and Invesco Capital Management. Our fee would bsa at the ruts of $250.60 per hour. We would hops not to axceed the annual billings Of $5,000. The first y1ear billing$, .however, gcuLd be in excess of that amount. Aa you may recall, we did the original restructuring of the Pension pl4n. 1 look forward to hearing form you 000ln. Very aruly yours, Peter L. Serment PLB /1q Sl IJt ; SAHNLY IN"', a ' J AvEfl11t, e,Vh i;O(;r, Viam;. FL 33139• "794 FAN 305437J'�"j2 cr jy • cp R 0 S. No . COL In. �0 IWIL tA ka CL ` CD > .CL hh,, RM N " � CD cn CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: October 31, 1997 Agenda Item # , From: i� ,� . /,;_ , Subject: Comm. Mtg. 11/4/9 City Manager Ordinance — Exempt Service This ordinance is presented for second reading. It was approved for first reading on October 23, 1997. This ordinance amends Chapter 16 -A (a) of the Code of Ordinances relating to Exempt Services. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PERSONELL SYSTEM, AMENDING CHAPTER 16 -A (a) OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABIL,ITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission shall establish a civil service system or a merit system covering and embracing the salaried employees of the City of South Miami, except where in conflict with any other provision of the City of South Miami Charter, and WHEREAS, the City Manager has the duty to appoint and when necessary for the good of the City remove any non - elective officers or employees of the City (excepting those authorized to be appointed and removed by the City Commission), providing such removal does not conflict with Civil service provisions, and NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Section 16A -3(a) is amended to read as follows: (a) Exempt service. The exempt service shall include the following: (1) All elected officials and members of boards, committees and commissions. (2) The City Manager, all assistant city managers, and all administrative assistants and secretaries to the forgoing. Department director, deputy directors, assistant directors, division directors, agency heads, program directors and all immediate assistants and all secretaries to the foregoing and commission appointees. (3) Volunteer personnel and personnel appointed to service without pay. (4) Consultants and counsel rendering temporary profession service. (5) Such position involving seasonal or part-time employment, or which consists of unskilled work, as may be specifically placed in the exempt service by the personnel rules. (6) Employees of the police department with the rank of police commander, Lieutenant, Captain, Major or Deputy Chief of Police. Section 2. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of this remaining portion of this ordinance. repealed. Section 3. All ordinances or parts of ordinances in conflict with the provision of this ordinance are hereby Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1997. ATTEST; APPROVED; CITY CLERK MAYOR 1St Reading - 2" d Reading - READ AND APPROVED AS TO FORM: CITY ATTORNEY Iq a 16A -3 SOUTH MIAMI CODE § 16A -3 Sec. 16A -3. Classified and exempt service designated and de- Uneated. All offices and positions of the city are divided into the classified service and the exempt service. (a) Exempt service. The exempt service shall include the following: (1) All elected officials and members of boards and commissions. (2) The city manager, administrative heads of de- partments and council appointees. (3) Volunteer personnel and personnel appointed to serve without pay. (4) Consultants and counsel rendering temporary pro- fessional service. (5) Such positions involving seasonal or part -time em- ployment, or which consist of unskilled work, as may be specifically placed in the exempt service by the personnel rules. (b) Classified service. The classified service shall include all other positions in the city service that are not specifically placed in the exempt service by this chap- ter. When this chapter becomes effective, all persons then hold- ing positions included in the classified service: (1) Shall have permanent status if they had such status prior to the passage of this chapter-, or (2) Shall continue to serve their probationary period if it was in effect at the time of passage of this chapter. The class in which each employee shall have status shall be determined in the manner provided in Article 5, Sec. 1 [sec- tion 16A -11 of this Code] . The following previsions of this chapter apply only to the classified ser v r- ua:ess otherwise specifically provided. ( Ord. No. 383. Ai t. 12. „ 1 -6, 7-16-57; Ord. No. 572, § 2, 9 -5 -67) Amendment not- _(1;•,;. No. 572, § 2, adopted Sept. 5, 1967, amended § 16A 31 a) t =) to read as hereir set out. Formerly the various heads of departments and en'.'r,ril appointees were enumerated. 230.2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING NOVEMBER 4, 1997 in the ....................XXXXX ................. Court, ......................... was published in said newspaper in the issues of Oct 24, 1997 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid n r promised any pe irm corporation any disco , rebate, commies' or fund fo the purpose of secu ' g thf� advertise 14o ublicati n in the said 24 Ur:;"-- er - "" " ........day o . ..... ............................... ....... 19...... (SEAL) OAP, JANETT LLERENA z /' t1 Cotar>nssi014 NUMBER Octelma V. Fe rel - I1 known tgM-6 g 0 0 4 My COMMISSION EXPIRES FoG ctO JUNE 23,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, November 4,1997 beginning at 7:30 p.m., in the City.Commission.Chambers, 6130 Sunset Drive., to consider the following described ordinance(s): AN. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PERSONNEL SYSTEM, AMENDMENT CHAPTER 16-A (A) OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE; Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the City Man- agers Office at: 663 -6338. ALL interested parties are invited to attend and will be heard.' Ronetta Taylor, CMC City Clerk City of South Miami. 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 proceed- ings, and that for such purpose, affected person may need to. ensure that a verbatim record of the proceedings is made which record in- dudes the testimony and evidence upon which the appear is to be based. . 10/24 97.3- 102404M CITY OF SOUTH MIAMI WOW INTER- (YFFIO",E MEMORANDUM To: Mayor and Commission Date: October 31, 1997 Agenda Item # From: . y.- ,/ -'�,"� Subject: Comm. Mtg. 11/419 City Manager Ordinance -- Exempt Service This ordinance is presented for second reading. It was approved for first reading on October 23, 1997. This ordinance airtends Chapter 16 -A (a) of the Code of Ordinances relating to Exempt Services. 16A -3 SOUTH MIAMI CODE § 16A Sec. 16A -3. Classified ,� *ad exempt service designated and de- lineated. All offices and positions of the city are divided into the classified service and the exempt service. (a) Exempt service. The exempt service shall include the following (1) All elected officials and members of boards and commissions. (2) The city manager, administrative heads of de- partments and council appointees. (3) Volunteer personnel and personnel appointed to serve ` without pay. (4) Consultants and counsel rendering temporary pro- fessional service. (5) Such positions involving seasonal or part -time em- ployment, or which consist of unskilled work, as may be specifically placed in the exempt service by the personnel rules. (b) Classified service. The classified service shall include all other positions in the city service that are not specifically placed in the exempt service by this chap- ter. When this chapter becomes effective, all persons then hold- ing positions included in the classified service: (1) Shall have permanent status if they had such status prior to the passage of this chapter; or (2) Shall continue to serve their probationary period if it was in effect at the time of passage of this chapter. The class in which each employee shall have status shall be determined in the manner provided in Article 5, Sec. 1 (sec- tion 16A -11 of this Code] . The following provisions of this chapter apply only to the classified server, u,,:ess otherwise specifically provided. (Ord. No. 383, Ai t. =. ti § 1---6, 7-16-57; Ord. No. 572, § 2, 9 -5 -67) Amendment no, — Csr.:. No. i72, § 2, adopted Sept. 5, 1967, amended § 16A '; (a) ('') to read as hereir. set out. Formerly the various heads of departments :end cwrreil appointees were enumerated. 24 4itnn. No 230.2 11.. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 30, 1997 � Agenda Item # From: Re: Comm. Mtg. 11/04/97 City Manager G��"° Snapper Creek Extension RE VEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN EXTENSION OF THE CHARGE OF THE SNAPPER CREEK STEERING COMMITTEE, IN ORDER TO PROVIDE AMPLE TIME SO THAT THE COMMITTEE MAY FINALIZE THE SNAPPER CREEK NEIGHBORHOOD PLAN, GUIDE CONSTRUCTION OF SELECT PROJECTS AND DEVELOP REGULATIONS TO IMPLEMENT THE SNAPPER CREEK NEIGHBORHOOD PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On March 18, 1997, the City Commission voted to create the Charrette Steering Committee for the Snapper Creek Neighborhood. This committee's duties have not been completed; however, the committee's charge expires December 15 ,1997. The attached resolution proposes to extend this charge to December 31, 1998, so that duties may be completed. This resolution is presented at the request of the Mayor. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption City Manager's Report: Snapper Creek Extension 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN EXTENSION OF THE CHARGE OF THE SNAPPER CREEK STEERING COMMITTEE, IN ORDER TO PROVIDE AMPLE TIME SO THAT THE COMMITTEE MAY FINALIZE THE SNAPPER CREEK NEIGHBORHOOD PLAN, GUIDE CONSTRUCTION OF SELECT PROJECTS AND DEVELOP REGULATIONS TO IMPLEMENT THE SNAPPER CREEK NEIGHBORHOOD PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 18, 1997, the City Commission created the "Snapper Creek" Charrette Steering Committee, in order to: 1) offer direction and leadership for all activities, 2) prepare a final budget for Commission approval, 3) prepare and implement a final plan of action, and 4) oversee implementation of all charrette activities; and, WHEREAS, on August 5, 1997, the City Commission voted to accept The Snapper Creek Neighborhood Plan Preliminary Concept which calls for various implementation projects and studies; and, WHEREAS, the City Commission finds that it is in the public interest to provide for the implementation of projects and the completion of studies, as recommended in the Preliminary Concept. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Snapper Creek Charrette Steering Committee's charge is hereby extended to December 31st, 1998, in order to provide ample time so that the Steering Committee may finalize The Snapper Creek Neighborhood Plan, guide the construction of select projects, and develop regulations which will implement the results of The Snapper Creek Neighborhood Plan. Section 2. This resolution shall take effect immediately upon approval. Snapper Creek Extension Resolution: November 4, 1997 /s 1 2 PASSED AND ADOPTED this 4th day of November, 1997. 3 4 5 ATTEST: 6 7 8 9 10 CITY CLERK 11 12 13 READ AND APPROVED AS TO FORM: 14 15 16 17 18 CITY ATTORNEY 19 20 21 22 a :\ \ Snapper creek \ Steering - Res #4.doc APPROVED: MAYOR COMMISSION VOTE: Mayor Price: Vice -Mayor Robaina: Commissioner Oliveros: Commissioner Young: Commissioner Bethel: Snapper Creek Extension Resolution: November 4, 1997 N 0 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 10/31/97 AGENDA ITEM # FROM: L. Pennis Whitt Comm. Mtg. 11/4/97 City n CITY MANAGER'S ��� OFFICE The Attached resolution is sponsored by Commissioner Young and ask that the duties and decisions of the city manager be allowed due time to be formed and performed. It also ask that charges and vague assertions by two Commission members be withheld until the courts of proper jurisdiction rules. It further endorse that the people of South Miami be the beneficiaries of the Commission's sound words and decisions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARGES AGAINST CITY MANAGER L. DENNIS WHITT IN THE CARRYING OUT OF HIS OFFICIAL DUTIES; STATEMENTS MADE BY COMMISSION MEMBERS AND A FORMER PART -TIME TEMPORARY EMPLOYEE AND THE RESULTING PUBLICITY EFFECT IN THE CITY OF SOUTH MIAMI AND DADE COUNTY. WHEREAS, there have been questions raised dealing with the 1997 -98 budget and the allocation of dollars to certain uses; and WHEREAS, there have been criticisms by two Commission members regarding the decisions made by the city manager; and WHEREAS, there have been unsubstantiated claims made by a former part -time temporary employee against the city manager; and WHEREAS, there have been repeated incessant demands for the city manager to be suspended with pay due to the claims of said former part -time employee; and WHEREAS, there has been negative, harmful destructive publicity on a weekly and continuing basis; and WHEREAS, there remains the insistent and constant necessities by two commissioners to take away the knowledge and total capacity of the city manager to deal with the city's all - consuming business at the most crucial time in the development of the city of South Miami; and WHEREAS, there have been assertions allegations, hearsay and unending rumors persisting in and around the city during the past eight months; and WHEREAS, there have been legal filings against parties on at least two sides, and dealing with a variety of accounts; and WHEREAS, the on -going daily responsibility process emanating from the city manager's office are regularly being unduly interfered with; and WHEREAS, the cumulative effect of these happenings ultimately affects the well -being of the citizens of the city of South Miami; and WHEREAS, the concerns for the welfare of all the citizens of South Miami are inherent in the Commission's Oath of Office; and WHEREAS, the law of the citizens of South Miami is that of laws not of unfounded and unjudged court matters; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, the several filings with the courts are pending, their hearings not having been held; and WHEREAS, the total benefit of the people of South Miami resides in the court's decisions related to them. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the duties and decisions of the city manager be allowed due time to be formed and performed. Section 2. That at every Commission meeting charges and vague assertions be withheld until the courts of proper jurisdiction rules. Section 3. That the people of South Miami be the beneficiaries of the Commission's sound words and decisions. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1997. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY CITY OF SOUTH MIAMI INTER - OFFICE MEMORMUM To: Mayor and City Commission From: Earl G. Gallop Date: October 31, 1997 I Re: Proposed lease with BellSouth Subject: BellSouth Mobility, Inc. proposes to lease a portion of Dante Fascell Park. for an initial teen of 20 years for the installation and use of a 1.20 foot telecommunications pole acid related facilities. We are in the process of negotiating and revising the proposed lease. The attached lease contains revisions which special counsel for the city has included at my direction. Negotiations will. continue between first and second readings of the proposed ordinance. The proposed lease must be adopted., if approved by the commission, by ordinance and by a 415 vote. Recommendation: Approve the proposed ordinance on first reading with the knowledge that negotiations will continue. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASES; 4 APPROVING A LEASE. WITH BELLSOUTH MOBILITY, INC. FOR A 5 PORTION OF DANTE FASCELL PARR. FOR THE INSTALLATION AND 6 OPERATION OF TELECOMMUNICATION FACILITIES; PROVIDING 7 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN B EFFECTIVE DATE, 9 WHEREAS, representatives ofthe City of South Miami and BellSouth Mobility, Inc,, 10 have negotiated a proposed lease for a portion of the Dante Fascell Park for the location and 1.1 operation of 120 foot monopole, antennas, accessory building and access for an initial term 12 of 20 years, with two 5 -year renewal terms; and, 13 WHEREAS, the proposed lease provides for co- location of facilities to minimize 14 the proliferation of telecommunication facilities in the city, for adequate safeguards and 15 security for performance, for adequate screening of the facilities from public view and for 16 payment of substantial consideration for the use of public laird; and, 17 WHEREAS, the Mayor and City Commission believe that it is in the public interest 18 to enter into the lease with BellSouth, Inc. 19 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 21 Section l.. The Lease Agreement between the City of South. Miami and BellSouth 22 Mobility, Inc., which is annexed and made a part of this ordinance, is approved. The City 23 Manager is authorized to, and shall, execute the agreement on behalf of the city. 24 Section 22. If any section, clause, sentence, or phrase of this ordinance is for any 25 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 26 not affect the validity of the remaining portions of this ordinance. 27 Section 3. All ordinances or parts of ordinances in conflict with the provisions of 28 this ordinance are hereby repealed. 29 Section 4. This ordinance shall tale effect immediately at the time of its passage, 1 PASSED AND ADOPTED this _ day of , 1996. 2 ATTEST: APPROVED: 3 4 CITY CLERK. MAYOR 5 READ AND APPROVED AS TO FORM: 7 CITY ATTORNEY bellsouth lease.ord z MATTHEW L. LEIOCW17Z 5VITE 141,0 JOSEPH A. SCL15LE SUNTRLIST INTERNATIONAL CENTER ILA L. FELD EDWARD 3. HAMMERMAN' ONE 5OUTHEA5T THIRD 'AVCnUE MARJORIE S. GARCIArPEDROSA MIAMI, FLORIDA 33131,1715 'APMtrrr,A TO PENN- •YLVANIA BAR ONLY TILEPHONE (3O5) 530-J3ZZ TELECOPIER (305) 530 -534t7 October 31, 1997 Via Facsimile (305) 663 -6348 Ronetta Taylor City Clerk City of South Miami 6130 Sunset Drive ,South Miami, FL 33143 5UITE ,200 2000 L STREET, N.W- WA`;HINGTON, P.C. RPO36 Re: City of South Miami, Florida /Proposed BellSouth Mobility crease Attachment to ,Agenda Item for November 4,199T Commission Meeting Dear Ms. Taylor: Per the request of City Attorney Earl G. Gallop, Esq., attached please find a draft of the aforementioned lease to be attached to the agenda item he is preparing for the Commission's consideration at its regular meeting on November 4, 1997. Please feel free to Contact either Mr_ Gallop or myself if you have any additional questions in this regard. cc: Earl G. Gallop, Esq. Enclosure /nz Sincerely, r one M. Fagan !!/ I; INZ% SOutllMidm'i�TowerLe, AselLBth :ratTmylov- CvrLtrTowLrLwseW IthBollSouthl OBl.wpd f01,�0'd 6� f 161fE101 101" ��Td111�iaSi �` Avow DRAFT DATE: 10/29/97 LEASE AGREEMENT BETWEEN THE CITY OF SOUTH NUAMI, FLORIDA AND BELLSOUTH MOBILITY, INC. THIS LEASE AGREEMENT (the "Agreement "), made and entered into this the of , 1997 by and between: CITY OF SOUTH MIAMI, FLORIDA a municipal corporation 6130 Sunset Drive South Miami, Florida 33143 (Hereinafter referred to as "CITY") and BELLSOUTH MOBILITY, INC- 5201 Corigress Avenue Boca Raton, Florida 334$7 (Hereinafter referred to as "TENANT") day WHEREAS, CITY is the owner of a certain real property located in the City of South. Miami, Dade County, Florida, known as Dante Fascell Park (the "Property"); and WHEREAS, TENANT desires to lease a portion of the Property to construct, maintain and operate a communications facility; and WHEREAS, CITY" staff recommends that TENANT lease a portion of the Property; and WHEREAS, the City Commission concurs with the recommendation of staff and deems it in the best interest of the City of South Miami to lease a portion of the property to TENANT; wid WHEREAS, CITY and TENANT have negotiated an understanding for the leasing of a portion of the Property; and WHEREAS, CITY and TENANT desire to reduce their understanding to writing; now, therefore, IN CONSIDERATION of Ten ($10.00) Dollars, in hand paid by TENANT to CITY'', as well as the mutual covenants hereinafter exchanged, the parties agrees as follows: �IU1�00'd (1��LI !��'i£101 S�ZVu�O�u� Z�I1�0�1�7 Llbn O y0� Section 1. Real ProRerty to Be Leased. 1.01 CITY shall lease to TENANT that certain parcel of the Property as more particularly described in Exhibit ",A" attached hereto, situated in the City of South Miami, Bade County, Florida, together with the nonexclusive right for ingress and egress, seven (7) days a week, twenty - four (24) hours a day, on foot or motor vehicles, including trucks, and for installation and maintenance of utility wires, cables, conduits and pipes. Section 2. Duties and Responsibilities of Tenant. 2.02 TENANT shall use the Property for the purpose of constructing, maintaining and operating a communications facility and uses incidental thereto, consisting of a monopole not to exceed 120 ft. (the "Pole„), antennas, a building or buildings, as necessary Dow or in the future, to shelter its telecommunications equipment, and to meet TENANT's telecommunications needs as described in the Site Plan attached to this Agreement as Exhibit "B" (collectively the "Facilities ")_ The Site plan shall be drawn to scale to reflect, without limitation, the parent tract (the Property) and leased parcel, on -site and adjacent land use, Master Plan classification of the site, a visual impact analysis and photo digitalization of the tower and all attachments including associated buildings and equipment containers at the property line, as well as at a distance of two hundred fifty (250) feet and five hundred (500) feet from all properties within that range_ TENANT upon the approval of CITY may modify its Facilities; said approval shall not be unreasonably withheld by CITY. 2.03 Tenant agrees that the proposed Pole will be designed and constructed to accommodate an additional Tenant (the "Co- Locator ") so long as the Co- Locator's equipment to be mounted on the Pole has the same or less wind loading effect than Tenant. Any Co- Locator shall enter into a separate Agreement with the CITY for ground space. Tenant shall enter into a Co- Location Agreement With Co- Locator for leasing space on the Pale. Tenant shall charge rent at prevailing market rates and shall re-coup a pro -rata share of, its capital costs of building the Facility from the Co- Locator. Notwithstanding the above, Tenant's obligation to design and construct the Pale to accornmodate a Co- Locator shall not apply if the CITY requires the Pole to be stealthed. 2.04 At the tower site, the design of the buildings and related structure shall, to the extent possible, use materials, colors, texture, screeruing and landscaping that will blend them into the :natural setting and surrounding buildings, (if any), to minimize the visual impact. The towers site must comply with any landscaping requirements of the City's Land Development Code and all other applicable requirements of the CITY, and the CITY may require landscaping in excess of those requirerneum in order to enhance compatibility with adjacent residential and non - residential land uses. All landscaping shall be properly maintained to ensure good health and viability at the operator's expense. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound consisting of the telecommunications tower and antennas, backhaul network and any structure or equipment cabinet unless otherwise authorized by 2 M :: l ZB /I� /O! LIIIh117�II.`I� � I b 6 OIa �,0 Ic im? the CITY. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. 2.05 TENANT shall be responsible for soil borings and similar tests which may be required as a condition of construction and for all expenses related to its improvements which may thereafter be constructed upon Property. CITY grants TENANT the right to use adjoining and adjacent property owned by CITY as is reasonably required during construction and installation of TENANT' improvements upon the provision of at least seven (7) days written notice to the CITY". The TENANT further agrees that the adjoining and adjacent property will be returned in the same condition as existed prior to TENANT'S use of said properties during construction and installation of TENANT'S improvements. 2.06 TENANT shall maintain the parcel of the Property as defined in Exhibit A, attached hereto, in a reasonable condition and meet all requirements imposed by ordinances of the City of South Miami and Dade County, Florida. 2.07 TENANT shall furnish, to its unmanned equipment shelter, electric service for tbe, operation of TENANT's telecommunications equipment. TENANT shall be solely liable for electricity expenses relating to its installation and equipment; TENANT' electrical service shall be separately metered, and 'TENANT shall be responsible for all costs associated with metering, including the cost of installing any meter. 2.08 TENANT shall submit all required fees and applications for permits to the applicable CITY and/or County departments for review and approval. 2.9 TENANT, upon termination of this Agreement, shall, within ninety (90) days, remove its personal property and fixtures from the Property. At CITY's option, when this Agreement is terminated and upon CITY's advance written notice to TENANT, TENANT will leave the foundation, security fence and Pole, to become property of the CITY. If such time for removal causes TENANT to remain on the property after termination of this Agreement, TENANT shall pay rent at the then existing annual rate or on the existing month's pro stated basis, until such time as the removal, of personal property and fixtures axe completed. 2.10 Upon the completion of the Tower's construction, the TENANT shall establish a cash security fund, or provide the CITY with an irrevocable letter of credit in the same amount or bond, to secure the payment of removing an antenna or tower that has been determined to be abandoned, in the event the operator is not in compliance with Section 10. The amount to be provided for each tower shall. be Twenty -Five Thousand Dollars ($25,000.00); the amount for each antenna array shall be Five Thousand Dollars ($5,000.00). 2.11 TENANT shall keep the Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by or for TENANT during the term of the Lease and any extension. thereto. TENANT shall within twenty (20) days following TENANT's 3 knowledge of the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which CITE' permits TENANT to perforrtx on the Property shall be deezmed to be for the use and benefit of CITY so that no mechanics or other lien shall be allowed against the estate of CITY by reason of its consent to such work. CITY shall have the light to post notices that it is not responsible for payment for any such Fork. 2.12 CITY hereby grants TENANT as a primary inducement to the TENANT's entering into this Agreement, the first priority right to construct and operate its Facilities on that parcel of the Property described in Exhibit A. From time to time, the CITY may grant to itself and to other entities the right to operate wireless communications facilities on abutting parcels on the Property or an adjoini Section 4. ,Acknowledement, 4.01 CITY and TENANT acknowledge that TENA.NT's ability to use that Property designated in Exhibit A, is contingent upon TENANT obtaining, after the execution of this Agreement, all the certificates, permits and other approvals that are required by any federal, state and/or local authorities. In the event that any certificate, permit or approval issued to TENANT is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority, so that TENANT is unable to use the Property for its intended purpose, TENANT shall have the right to terminate this Agreement pursuant to Section 7.01 and shall be entitled to a refund from the CITY of any prepaid rent as of the date of termination. 4.02 TENANT shall, subsequent to the construction of its Facilities, during the term of this Agreement, have the right to terminate this Agreement without cause, provided that TENANT provides CITY with one (1) year's prior notice of the last day of occupancy ( "Terndnation ?ate ") in writing in accordance with Section 16 herein. 4.03 Prior to the submittal of the application for the required building permit(s), TENANT shall have the right to perform or caused to be performed and shall have completed an assessment of the parcel defined in Exhibit A and the adjacent areas of the Property in order to determine whether such are contaminated by hazardous substances or pollutants. If the assessment reveals the presence of hazardous substances or pollutants beyond levels acceptable to the TENANT under applicable environmental laws, TENANT shall have the right to terminate this Agreement pursuant to Section 7.01. Upon approval of the lease, the TENANT shall be responsible for any cosh or damages by hazardous substances or pollution caused or created by the TENANT on or in the parcel of the Property described in Exhibit A, or the adjacent areas thereto throughout the term of the Lease. Said obligation sha.0 survive the term of the Lease or any extension thereof. 4.04 CITY covenants that CITY has good and sufficient title and interest to the Property and has full authority to enter into and execute this ,Agreement. CITY further covenants that there are no other liens, judgments or impediments of title on the Property. Section 5. Tenn of Aer. eement. 5.01 This ,Agreement is effective upon execution hereof, for a terra of twenty (20) years (the "Initial Term ") with two (2) five (5) year renewal terms (the "Renewal Term ") which shall occur automatically unless either party delivers written notice to the other party of its intention not to renew at least six (6) months prior to the expiration of the applicable term. Section 6. Consideration. 6.01 'Within thirty (30) days after the issuance of a Certificate of Use and Occupancy for the Facilities, CITY shall be paid the aroount of Four Hundred Thousand and No /100 (Dollars) 5 ($400,000.00) for the entire Initial Term. 6.02 Annual rent for the year of the Renewal Term, if applicable, shall be first five percent (5 %) over and above the annualized rent paid during the initial term (the "Renewal Rental ")_ The Renewal Rental shall be increased five percent (5%) over the prior year's rental during each year of any renewal period. The Renewal Rental shall be paid in monthly installments commencing on the first day of the month and each month thereafter. 6.03 This is a net -net -net lease and TENANT shall pay taxes, including Florida state sales tax, real estate taxes assessed against TENANT's property, utility charges, cost of maintenance, and all other charges and expenses associated with the TENANT's use of the demJsed premises of this Lease. This Agreement being a taxable event, shall. have Florida state sales tax, as may be adjusted from time to tame, added to payments outlined above. Section 7. Termination. 7.01 pursuant to Sections 4.01 and 4.03 of this Agreement, the 'TENANT may terminate this Agreement by providing a ten (10) calendar day written notice after signing of this Agreement. 7.02 Should TENANT default under any of the terms of this Agreement, CITY may terminate this Agreement by providing a ninety (90) calendar day written notice to TENANT; however TENANT shall be given the opportunity to correct any default withizl forty-five (45) calendar days of receipt of written notice, This Agreement shall not be terminated if such default is of a nature that it cannot be cured in forty -five (45) calendar days and TENANT is diligently proceeding to cure such defect. Section 8. Indemnification. 8.01 General Indemnification: TENANT agrees to indemnify, save and hold harmless and defend CITY, its City Commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with or because of the use and occupancy of the Property by TENANT or its officers, agents, employees or independent contractors under this Agreement or the breach of this Agreement by TENANT. Pursuant to its liability, TENANT shall pay all claims, losses, liens, settlements or judgments, of any nature whatsoever, in connection therewith, including, but not limited to, paralegal fees, attorney's fees and costs to defend all claims or suits, including attorney's fees on appeal in the name of CITY when applicable, and shall pay all costs and judgments which may issue thereon at both the trial and appellate levels. Such indemnification shall not be limited to the amount of compzehensive general liability insurance which TENANT is required to obtain under this Agreement. This indemnify shall zaot apply to any claims arising from an act of gross negligence of intentional misconduct of the indemnified party. 8.02 Nothing contained herein is intended nor shall be construed to waive CITY's rights 0 r101800'd ���LI Z6!I£IOI S��V1�i0SS�' Z11MO�I�7 �;�� 0� 0� and immunities under the common law of Florida Statutes 768.28, as amended from time to time. Section 9. Insurance. 9.01 The TENANT shall not commence work under this Agreement until he has obtained all insurance required under this section and such insurance has been approved by the Risk Manager of the CITY nor shall the TENANT allow any Contractor to commence work under its contract with TENANT until all similar such insurance required to of the Contractor has been obtained and approved. 9.02 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the .Disk Manager prior to the commencement of the work. These Certificates shall list the CITY as an additional insured and shall contain a provision that coverages afforded under these policies will not be canceled until prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business tinder the laws of the State of Florida. 9.03 Financial Ratings must be no Iess than "A" and Class X respectively in the latest edition of "Bests Ivey Rating Guide ", published by A.M. Best Guide. 9.04 Insurance required for the construction and installation of the facilities shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed. 9.05 Required Insurance 9.05.1 Comprehensive General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products /completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability- Bodily Injury 1. Each Occurrence $3,000,000 1 Annual Aggregate $3,000,000 Property Damage 1. Each Occurrence $3,000,000 1 Annual Aggregate $3,000,000 Personal injury Annual Aggregate $3,000,D00 Property Damage Liability Insurance shall include Coverage for the following hazards: X - explosion, C- collapse, U - underground. 7 JOHM0'd b� Ll Z6r'I£IOI S�Z�ISOSS� cLIi109I�� �lb0 OS'r 50�, 9.05.2 Workers Compensation insurance shat) be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the TENANT shall required the Contractor and Subcontractors similarly to provide Workers Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the TENANT. The TENANT and his contractors and subcontractors shall maintain during the life of this policy Employers Liability insurance. The following limits must be maintained: Workers Compensation Statutory Employer's Liability $500,000 per occurrence 9.05.3 Comprehensive Auto Uability Bodily Injury 1. Each Occuuence $3,000,000 2. Annual Aggregate $3,000,000 Property :Damage I. Each Occurrence $3,000,000 2. Annual Aggregate $3,000,000 Coverage shall include owned, hired and non owned vehicles_ 9.05.4 In the event the insurance cent ificate(s) provided hereunder indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the TENANT shall furnish, at least thirty (30) days prior to the expiration, of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect: The TENANT shall not continue to work pursuant to this contract, unless all required insurance remains in full force and effect. 9.06 TENANT's contractor skull hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this Agreement and name the CITY as an additional insured under their policy. Section 10. Assiunnnent. 10.01 This Agreement may not be sold, subleased, assigned or transferred at any time without the prior written consent of the CITY; which consent shall not be unreasonably withheld or delayed. This provision will not preclude TENANT from allowing other parties to co- locate on the Pole, so long as this ,Agreement is in effect. 8 �fQIClO'd ���LI 61f£lQI S31N OM 111IM I31 Section 11. +Com2liance witbLaws. 11.01 TENANT shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the Urdted States of America, State of Florida, City of South Miami and of any other public authority which may be applicable. Section 12. Governing Law: Venue. 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 12.02 Any clam, objection or dispute arising out of the terms of this Agreement shall be litigated in Dade County, Florida. Section 13. Insolvency. 13.01 In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy ,Act or any other statute of any state relating to insolvency or the protection of rights of creditors, or become subject to rehabilitation, then, at the option of the other party and immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 14. Entire A reement. 14.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof, superseding all prior communications between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties_ The failure of a party to seep redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election, but the same shall continue and remain in full force and effect. Section 15. Severability. 15.01 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. 0 Section 16, Notices. 16.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested or by facsimile transmission with certification of transtnission to the receiving party, to the following persons and addresses: City: City Manager City of South Miami 6130 Sunset Thrive South Miami, Florida 33143 With a copy to: Earl Gallop, Esq. City Attorney 61,30 Sunset Thrive. South Miami, Florida 33143 Tenant: BELLSOUTH MOBILITY, INC. 5202 Congress Avenue Baca Raton, Florida 33457 Attn: Real Estate and Construction Manager Section 17. Other Provisions. 17.01 Should the CITY, at any time during the term of this Agreement, decide to sell all or party of the Property to a purchaser other than TENANT, such sale shall be under and subject to this Agreement and TENANT's rights hereunder, and any sale by the CITY" of the ,portion of this Property underlying the right: -of -way herein granted shall be under surd subject to the right of the TENANT in and to such right -of -way. 17.02 If the whole of the Property, or such portion thereof as will make the Property unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease form the time when possession thereof is taken by public authorities, and rental skull be accounted for as between CITY and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of CITY and TENANT hereunder. Nothing in this provision shall be construed to U nit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT'S leasehold interest hereunder. In the event of a termination under this section, CITY shall reimburse TENANT all prepaid rent as of the date of termination. 17.03 CITY covenants that TENANT, on paying the rent and performing the covenants, 10 S�Z'�!uOSS� ZZI�1081�7 vi�6 �?; J0 sham peaceably and quietly have, hold and enjoy the Property. 17.04 Attorncys° pees. Note: City's standard language provided will be inserted here. Section X$. Public Records. 18.01 CITY and TENANT agree that a copy of this Agreement shall be recorded in the Public Records of Dade County, Florida, -upon execution of this Agreement. The cost for recordation shall be paid by the TENANT. ]I / —No& �1P /;IQ'd Z�-Zf Z611�i0i S���I�O�SV 2ZIIh08I�'f �1�6 ��,r y IN WITNESS WHEREOF, the parities hereto have caused these presents to be executed, the day and year fiat above written. ATTEST: CITY OF SOUTH MIAMI, FLORIDA Ronetta Taylor, City Clem Anna Price, Mayor Approved as to Farm: Earl Gallop, City Attorney TENANT Signed, sealed and delivered BELLSQUTH MOBILITY, INC. in the presence ol'_ I '10OTLI c ,I "i/11M0 By, — Title: 12 S�Z�I��SS� z111'108i�7 /17 STATE OF FLORIDA ) )SS COUNTY OF DADE ) I HEREBY CERTIFY that on this _ day of , 1997, before me personally appeared , to me personally known to be the individual who executed the Foregoing instrument and acknowledged before me that he/she executed the same for the purposes therein express on behalf of 14e/she is personally known to me or produced as identification. Notary Public, .State of Florida Print Name: Comr i.ssion No.: Commission Expires: STATE OF GEORGIA } )SS COUNTY OF FULTON } I 'HER BY CERTIFY that on this day of —__ -, 19__,_, before me personally appeared _ _ _ of BellSouth Mobility Inc, a Georgia corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. NOTARY PUBLIC, State of Florida Print Narue: Commission No.: Commission Expires : — 13 0� 61 OSS'd ��I�108I�7 S Do you want a Bell South Mobility tower in Dante Fascell Park? The South Miami City Commission is in favor of it. Let's not let them sell our park away from us. LOOK AT THE BELL SOUTH TOWER BEHIND WINN -DIRE AT GALLOWAY & SUNSET AND VISUALIZE THIS MONSTROSITY IN THE PARK! Come to the Commission meeting on Tuesday, November 4th and speak against this sellout of our treasured park. When will the next piece of the park be sold? Is the city so poor they can't turn down this offer? If we continue in this manner, we will soon be another Hialeah in looks and leadership. SHOW THEM THAT WE THE PEOPLE HAVE A VOICE AND WANT TO BE HEARD. GO TO THE MEETING WITH YOUR NEIGHBORS. A concerned resident aAL IAOA S Ail ZI, pit, �1 V Ile, u )AAo� sq i �,Ubf / .1t,�; , y I S�, 005/ 5�10 si S 7-" 5-7/ 5� 3/ Sel- s8 ,;Aj n Z s �- xk s� 3K Sw u 57--- 5k 71 S4) e,3 6L � 4� - -- �i - - 5W- 5 1 . dY -,j fC4 F72z- f�- 44 lklewl 5S/9-01- S7 G7 - - -- - - -- -- Goal s ._. - -- � -� -�' - -_ ___.____ �_ �'�1 _ _ S c,� _ -_�'�� .� �;_ - -- s7c i4bJ -j+ -7v -73 7yt Do you want a Bell South Mobility tower in Dante Fascell Park? The South Miami City Commission is in favor of it. Let's not let them sell our park away from us. LOOK AT THE BELL SOUTH TOWER BEHIND WINN -DIXE AT GALLOWAY & SUNSET AND VISUALIZE THIS MONSTROSITY IN THE PARK! Come to the Commission meeting on Tuesday, November 4th and speak against this sellout of our treasured park. When will the next piece of the park be sold? Is the city so poor they can't turn down this offer? If we continue in this manner, we will soon be another Hialeah in looks and leadership. SHOW THEM THAT WE THE PEOPLE HAVE A VOICE AND WANT TO BE HEARD. GO TO THE MEETING WITH YOUR NEIGHBORS. A concerned resident LL-v ,� 4( eK Lee,( �YACO_ SEQ I IT, 15Y 3 L F7 dg`�TLL 0-/v ao /da-7,tzc 14 44 C oa- U4 � c- la� C§� L"/)q / jam; , y I S�, 005/ -5G -O 8/ S T- 005/ �-7w �/ 5el- s-q -5-2,j ,s-s F- Z -SOL- S2 3( Sw L? >7`- S86 / �L{J 9's & 580 / 6t) Oy &,.r 5k 11 S4) e3 S'� I -ens �. ���b F �: _ _. W-4 J �!� - -- -- - - --- 5 7 y 7 5 w S4 ov 4-j�zo 7f( _ Nov -04 -97 03 :25P WHB Insurance 305 670 9699 P.01 INSOURCE, INC. Telephone: (305) 670-6111 Pennekamp & Soto Insurance Facsimile: (305) 670 -9699 Thomas & Cook Insurance WATS: (800) 273 -4433 Worley, Humphrey, Ball & Lyons FAX TRANSMITTAL DATE: November 4, 1997 TO: Department of Building and Zoning City of South Miami COMPANY: FAX NO.: 666 -4591 FROM: J. Hayes Worley, Jr. NO. OF PAGES (INCLUDING COVER SHEET): 1 RE: Dante Fascell Park COMMENTS: I am writing to you to express my opposition to the proposed Bell South Mobility tower to be constructed in Dante Fascell Park. The construction of the tower within the park would destroy the beauty of the park. I am in agreement with my neighbors who argue that the South Miami City Commission should not allow the construction of a Bell South Mobility tower at this location. Sincerely, la, - J. Hayes Worley, Jr. 5800 SW 84 Street South Miami, FL 33143 If you have received this facsimile in error, please immediately notify us by telephone. P. O. Box 561567, Miami, FL 33256 -1567 / 9500 S. Dadeland Blvd., Suite 200, Miami, FL 33156 -2866