01-18-94Y
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
REGULAR CITY COMMISSION MEETING
January 18, 1994
7:30 p.m.
e
v
Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of
America
C. Presentations:
D. Items for Commission Consideration:
1) Approval of Minutes - 12/21/93 and 1/4/94
2) City Manager's report
3) City Attorney's report
ORDINANCE-- 2ND READING AND PUBLIC HEARING:
None
RESOLUTIONS FOR PUBLIC HEARING:
None
RESOLUTION•
4. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $3,299.99 representing fees incurred for legal
services by Leibowitz and Spencer regarding the City's Cable
Television Franchise Renewal request and for advice regarding
Federal Cable Television Statutes and charging the
disbursement to Account Number 2100 -3420: "Consultant - Cable
TV Franchise."
(Administration) 3/5
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of 228 trophies
and plaques from the Sports Center, Inc., for a total price
not to exceed $2,046.00 by the Recreation Department and
charging the disbursement to Account No. 2000 -5630 "Recreation
Football."
(Administration) 3/5
6. A Resolution of the City of South Miami, Florida, issuing the
Mayor's proclamation declaring a Special City Election to be
held in conjunction with the Regular City Election on Tuesday,
February 8th, 1994, in the Dade County Library, 6000 Sunset
Drive, South Miami, Florida, for the purpose of a Regular
Election to elect a Mayor and City Commissioners from Group I
and Group II and a Special Election to submit a separate
ballot question shall Article II, Section 6 B (3) of the
Charter of the City of South Miami be amended to require
reading of only the title of Ordinances: designating the place
of voting, the time of opening and closing of the polls,
naming the Clerk of the Election, Deputy Clerk of the
Election, Deputy Sheriff of the Election and inspectors of the
Election and other personnel.
(City Attorney Berg) 3/5
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida for the City's Police Department for
purchase of an access control security system, and authorizing
an expenditure not to exceed $26,120.00 to Atek System Group;
charging the disbursement to Account No. 08 -1911 -4670
"Forfeiture Fund."
(Administration) 3/5
OFFICIAL AGENDA
January 18, 1994
page 2
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida denying an appeal by Scott D. Stewart, on
behalf of the business known as "Mommy Please" from an
Administrative decision denying issuance of a development
permit for proposed commercial shutters for the property
commonly known as 5838 SW 73 Street, South Miami, Florida.
(Administration) 3/5
9. An ordinance of the Mayor and City Commission of the City of
South Miami, Florida, designating the place of polling, date
and time of a Special City Election to be held in conjunction
with a Regular City Election on February 8, 1994.
(City Attorney Berg) 3/5
REMARKS:
none
PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC
TFNAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY 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 CONSTITUTE CONSENT BY THE CITY
FOR THE INTRODUCTION OR ADMISSION OF OTHERWISE INADMISSIBLE OR
IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS
NOT OTHERWISE ALLOWED BY LAW.
RESOLUTION NO.
r: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $3,299.99 REPRESENTING
FEES INCURRED FOR LEGAL SERVICES BY LEIBOWITZ AND
SPENCER REGARDING THE CITY'S CABLE TELEVISION FRANCHISE
RENEWAL REQUEST AND FOR ADVICE REGARDING FEDERAL CABLE
TELEVISION STATUTES AND CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 2100 -3420: "CONSULTANT - CABLE TV
FRANCHISE."
WHEREAS, by Resolution number 67 -93 -9811 passed April
27, 1993 the City Commission authorized the City Administration
to enter into a contract with the law firm of LEIBOWITZ and
SPENCER as Special Counsel regarding Cable Television and the
Franchise Renewal Request; and
WHEREAS, the City has now received invoices for legal
services rendered pursuant to the aforesaid Resolution in the
amount of $3,299.99.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is,
authorized to disburse the sum of $3,299.99 to LEIBOWITZ and
SPENCER for legal services rendered regarding the City's Cable
Television Franchise Renewal Request.
Section 2. That the disbursement be charged to account
number 2100 -3420: "Consultant -Cable TV Franchise."
PASSED AND ADOPTED this day of January, 1994
APPROVED:
MAYOR
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
VFAI
LEIBOwITZ & SPENCER
PARTNERSHIP OF PPOFESSIONAL C: RPORATICNS
- ATTNEw L. LEIBOWITZ. PA.
SUITE 1450
..OMN M SPENCER. PC.'
SUNBANK INTERNATIONAL CENTER
.OSEPI+ A. BELISLE
CNE SOUTHEAST T-IRO AVENUE
':rCCUNSEL
SANFORD L. SOHRER
MIAMI, FLORIDA 7313/1715
'ELEPWONE (305) 530.1322
NOT ADMITTED TO
-ELECOPIER (305) 530 • 9417
FLORIDA BAR
SOUTH MIAMI, CITY OF
6130 SUNSET DRIVE
SOUTH ).MIAMI FL 33143
ATTN: WILLIAM HAMPTON
CABLE TELEVISION
SUITE 500
000 CONNECTICUT AVENUE. N W.
. ASNINGTON. D.C. 20036
Page 1
12/16/93
Account No: 7404 -OOM
Statement No: 7
10/27/93 Telephone conference with Cathy Christensen -
leave message re:need to obtain her comments on
customer service
10/29/93 Conference with Joe Belisle; Telephone conference
with Terry Bienstock; Conference with Matt
Leibowitz re:Terry Bienstock
11/01/93 Update CATV projects; Draft letter to Cathy
Christensen; Review cable satellite response; Fax
to Bill Hampton and Martin Berg re:cable
satellite response; Study response of cable
satellite; Conference with Matt Leibowitz re:
cable satellite letter; Telephone conferences
with Bill Hampton and Cathy Christensen re:
November 16th agenda
1_1/02/93 Draft letter to Cathv Christensen . D
'1/12/93 Study fax from Bill Hampton; Telephone conference).•
with Elba re:rate complaint; Draft letter to
Cathy Christensen; Fax to William Hampton and '��� 17
Martin Berg re:changes in the value mart
locations; Conference -with Matt Leibowitz.
11/15/93 Review ordinances and complaint; Draft letter to
Cathy Christensen; Telephone conferences with
MATTHEW L. LEIBOWITZ. P.A.
JOHN M. SPENCER. P.C.
JOSEPH A. BELISLE
OFCOUNSEL
SANFORD L. BOHRER
NOT ADMITTED TO
FLORIDA BAR
LEIBOWITZ & SPENCER
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
SUITE 1450
SUNBANK INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
MIAMI, FLORIDA 33131.1715
TELEPHONE (305) 530. 1322
T£LECOPIER (305) 530.9417
SOUTH MIAMI, CITY OF
6130 SUNSET DRIVE
S OL 1-:H MIAMI FL 33143
ATT:i: WILLIAM HAMPTON
CABLE TELEVISION
Account Balance from Previous Statement
12/02/93 Payment
Balance Due
SUITE 500
1000 CONNECTICUT AVENUE. N.w.
WASHINGTON. D.C. 200315
Page 1
12/16/93
Account No: 7404 -OOM
Statement No: 6
9578.94
- 7593.17
$1,985.77
11(g%Vq'k1
ciTi S oe�
SOUTH MIAMI, CITY OF
CABLE TELEVISION
William Hampton re:cable agenda, Cathy
Christensen and Martin Berg;
Page 2
12/16/93
Account No: 7404 -OOM
Statement No: 7
11/16/93 Finalize letter to Cathy Christensen re:rate
freeze violations; Telephone conference with
Cathy Christensen; Draft letter to Terry
Bienstock re:data on cable satellite affiliates
and to Cathy Christensen re:draft customer
service ordinance
11/19/93 Review rate freeze inquiries
For Current Services Rendered
Attorney
Matthew L. Leibowitz
Joseph A. Belisle
Recapitulation
-------- - - - - --
Hours Hourly Rate
0.42 $ 250.00
5.88 $ 190.00
Long Distance Calls
Postage
Delivery /Express
Telecopying
Photocopying
Total Expenses Thru 11/25/93
Total Current Work
Account Balance from Previous Statement
Balance Due
9.00 1222.20
Total
$105.00
$1,117.20
12.02
10.30
14.20
20.00
35.50
92.02
_.._._. _._.. 1314.22
1985.77
$3,299.99
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF 22a TROPHIES AND 45 PLAQUES FROM THE SPORTS CENTER,
INC., FOR A TOTAL PRICE NOT TO EXCEED 9 2,046.00 BY THE
RECREATION DEPARTMENT AND CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 2000 -5630 "RECREATION - FOOTBALL ".
WHEREAS, pursuant to the 1993 -94 Budget of the City of South
Miami, Florida, the City Recreation Department was authorized to
Purchase trophies and plaques for the football /cheerleader
program; and
WHEREAS, the City Administration has now obtained at least
three bids and recommends The Sports Center vith a total cost of
8 2,046.00 for a total of 228 trophies and 45 plaques as the
lowest responsible bidder;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be, and hereby is,
awarded to The Sports Center in an amount not to exceed
S 2,046.00 for 228 trophies and 45 plaques.
Section 2. That the disbursement be charged to account no.
2000 -5630 "Recreation - Football ".
PASSED AND ADOPTED this th day of January, 1994.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
5
41 Citij Df5mit h i
INTER — OFFICE MEMORANDUM
Mr. William F. Hampton °ATL: 1 -4 -84
City Manager
Bids for purchase of
Jim Cowen Trophies & plagues for
SRO n Parks & Recreation Director sua�c =- Football /Cheerleader Programs
Attached please find 3 bids for the purchase of trophies and plaques for the City
sponsored Football /Cheerleader program.
The following is a list of vendors who bid and a breakdown of the costs.
Vendors Total bids
The Sports Center,Inc. $2,046.00
Dolphin World Trophies $2,949.00
L &M Engraving & Trophy Co. $3,571.35
I am recommending that the bid be awarded to 'The Sports Center, Inc.'
s
JAN��199�
C1Z'I �NpGEg' S OFFICE
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, ISSUING THE
MAYOR'S PROCLAMATION DECLARING A SPECIAL CITY ELECTION TO BE
HELD IN CONJUNCTION WITH THE REGULAR CITY ELECTION ON TUESDAY,
FEBRUARY 8TH, 1994, IN THE DADE COUNTY LIBRARY, 6000 SUNSET
DRIVE, SOUTH MIAMI, FLORIDA, FOR THE PURPOSE OF A REGULAR
ELECTION TO ELECT A MAYOR AND CITY COMMISSIONERS FROM GROUP I
AND GROUP II AND A SPECIAL ELECTION TO SUBMIT A SEPARATE
BALLOT QUESTION SHALL ARTICLE II, SECTION 6 B (3) OF THE
CHARTER OF THE CITY OF SOUTH MIAMI BE AMENDED TO REQUIRE
READING OF ONLY THE TITLE OF ORDINANCES; DESIGNATING THE PLACE
OF VOTING, THE TIME OF OPENING AND CLOSING OF THE POLLS,
NAMING THE CLERK OF THE ELECTION, DEPUTY CLERK OF THE
ELECTION, DEPUTY SHERIFF OF THE ELECTION AND INSPECTORS OF THE
ELECTION AND OTHER PERSONNEL.
WHEREAS, the City Charter and the City Code of Ordinances
provide that the City Commission shall designate the polling place,
Clerk of Election, Deputy Clerk of Election, Deputy Sheriff of
Election, Inspector of Election and Election personnel, ballot
questions to be voted upon and opening and closing times of the
polls;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there will be a Regular City Election on
Tuesday, February 8th, 1994, in the Dade County Library, 6000
Sunset Drive, South Miami, Florida, at which time the Regular
Election will be to elect a Mayor to serve a two year term as
provided by law and Commissioners from Group I and Group II to
serve a four year term as provided by law. The candidates are as
follows:
Mayor: Neil Carver
Cathy McCann
Commissioner: Armando Oliveros, Jr.
Group I Paul Young
Commissioner: Betty Banks
Group II Tom Cunningham
Sharon L. Lindsay
Section 2. That the Special Election shall be held to submit
a separate ballot question as follows:
Shall
city
only
Article II, Section 6 B (3)
of South Miami be amended to
the title of the ordinances?
Yes No
of the Charter of the
require reading of
Section 3. Personnel for the Election shall be as follows:
Clerk: Gloria Stinger Deputy Clerk: Aurther Abraham
Deputy Sheriff: Guy Taylor Inspectors: Betty Filippi, Willie
Mae Robinson, Lois Marinoff, Theodore Marinoff, Gerladine Williams,
Ritta Hogan, Jerry C. Brown, Juanita Henderson, Anna Schultzel,
Jude Bagatti and Helen Carter.
Section 4. The polling place shall be open from 7:00 A.M.
until 7:00 P.M. as prescribed by law.
PASSED AND ADOPTED this 18th day of January, 1994.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA FOR THE CITY'S POLICE
DEPARTMENT FOR PURCHASE OF AN ACCESS CONTROL SECURITY
SYSTEM, AND AUTHORIZING AN EXPENDITURE NOT TO EXCEED
S 26,120.00 TO ATEK SYSTEM GROUP; CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 08- 1911 -4670 "FORFEITURE
FUND ".
WHEREAS, Florida Statute 932.704 (3) (a) authorizes inter
alia exoenditure of forfeited property proceeds "for . . . other
law enforcement purposes as the . . . yuverning body of the
municipality deems appropriate"; and
WHEREAS, the City Commission heretofore authorized the
renovation of the existing Police Department facility; and
WHEREAS, the Police Department thereafter determined it was
necessary to install a security access system, which would secure
both the facility's perimeter, as well as interior areas
designated for limited access, under a system which would meet
and maintain accreditation standards; and
WHEREAS, the availability of this enhanced system was
discovered and presented to the City by the security contractor
for the new police facility security installation. The system
or000sed for the South Miami Police Department would be connected
to a host redundant system located in the communications
department of the Coral Gables Police Department. This interface
with the Coral Gables Police Department, at their encouragement
via our mutual aid agreement, will enable the City of South Miami
to operate a state of the art Access Control System completely
autonomous of the Gables and at the same time takinct advantage of
the Coral Gables system, which cost in excess of $ 500,000.00..
If the City of South Miami were to install a similar system in
its facility without taking advantage of interfacing the existing
Coral Gables system, the cost would exceed S 90,000.00; and
WHEREAS, the Police Department has obtained a low bid for
this security access system of S 26,120.00 from ATEK System
7
Group, pursuant to the following governmcciL bid: City of Coral
Gables 621521; and
WHEREAS, the Chief of Police has previouslY certified the
reauested disbursements comply with the provisions of the
aforesaid Florida Statute;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Citv Administration be, and hereby is,
authorized to expend a sum not to exceed $ 26,120,00 for a
securitv access system for the new police department facility at
Citv Hall from Atek System Group.
Section 2. That the disbursement be charged to account no.
08- 1911 -4670 "Forfeiture Fund."
PASSED AND ADOPTED this th day Df January, 1994.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
q 2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL BY SCOTT
D. STEWART, ON BEHALF OF THE BUSINESS KNOWN AS "MOMMY
PLEASE," FROM AN ADMINISTRATIVE DECISION DENYING
ISSUANCE OF A DEVELOPMENT PERMIT FOR PROPOSED
COMMERCIAL SHUTTERS FOR THE PROPERTY COMMONLY KNOWN AS
5838 S.W. 73 STREET, SOUTH MIAMI, FLORIDA 33143
WHEREAS, Scott D. Stewart, on behalf of the business known
as "Mommy Please ", requested issuance of a development permit for
the installation of commercial shutters for the property commonly
known as 5828 S.W. 73 Street, South Miami, Florida 33143; and
WHEREAS, the request required appearance before the
Environmental Review and Preservation Board (ERPB) pursuant to
Section 20 -7.3 (F) of the Land Development Code of the City of
South Miami, Florida as an application for a development permit
not conforming to Hometown District pre - approved architectural
standards; and
WHEREAS, the ERPB at its Meeting of November 2, 1993 voted
4 -1 to recommend denial of the proposed commercial shutters; and
WHEREAS, the Building and Zoning Department has agreed with
the recommendation of the ERPB and denied issuance of a
development permit for the proposed commercial shutters; and
WHEREAS, Section 20 -6 (E)(1) of the Land Development Code of
the City of South Miami, Florida, provides that "[tlhe City
Commission shall serve as the appellate body for all appeals of
administrative decisions "; and
WHEREAS, the City Commission has now heard and considered
the appeal by Scott D. Stewart, on behalf of the business known
as "Mommy Please ", and the arguments and documents (if any
submitted) by the appellant and by the City Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the appeal of Scott D. Stewart, on behalf
of the business known as "Mammy Please ", from an administrative
decision denying issuance of a development permit for the
9
NAME:
7545531 47ALCO'
CRU of South Mtarni
APPLICATION
To be heard
REGULAR CITY COMMISS 10 "+ MEETING
ADDRESS: f3g Z ', I�t ',
371 -L g obi
DATE :
TELEPHONE NUMBER DURING BUSINESS HOURS: 6. 6; ' W�. 7��'�`r��/
State reason for which you want to be neard: Dp�l -�
ho t,
k6Einv Y1 4 60'0 IZL% 0 (���2
z
ADDRESS OF PROPERTY : .113
Would you like to meet with a Commissioner: Yes No
Circle the name of the Commis i e
Cathy McCann homas Todd Cooper
Mayor Vice -Mayor
Neil Carver Ann B. Bass
Commissioner Commissioner
Betty Banks
Commissioner
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, DESIGNATING THE PLACE OF POLLING, DATE
AND TIME OF A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION
WITH A REGULAR CITY ELECTION ON- FEBRUARY 8, 1994.
WHEREAS, the City Charter provides for the regular City
election to be held during February of each even year; and
WHEREAS, the City of South Miami will hold a special election
in conjunction with the regular election; and
WHEREAS, the Code of Ordinances of the City provides that the
City Commission shall designate the polling place, date and time of
the City elections.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there will be a special election of the City
held in conjunction with the regular election of the City on
Tuesday, February 8, 1994, at the Dade County Library, 6000 Sunset
Drive, South Miami, Florida.
Section 2. That the, polling place for said regular and
special election of the City will be open from 7:00 A.M. until 7:00
P.M. as prescribed by law.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
0
day of
APPROVED:
MAYOR
, 1994.