Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
05-03-94
u Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY CON NUSSION AGENDA Regular City Commission Meeting Meeting date: May 3, 1994 6130 sunset Drive, So. Miami, FL Next Meeting date: May 17, 1994 Phone: (305) 663 -6340 PURSUANT TO FLA STAT. 266.0105, 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 CONSTITUTE 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 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Opening B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - April 19, 1994 2) City Mangers Report 3) City Attorneys Report ORDINANCES - SECOND READING AND PUBLIC HEARING �s 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, repealing Article II, Sections 19A -31 through 19A -52, of the Code of Ordinances, providing for the Regulation of Tree Removal; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) 3/5 RESOLUTIONS FOR PUBLIC HEARING none RESOLUTIONS 5. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida regarding service of food and non- alcoholic beverages during fund - raising events by churches, synagogues, mosques, and temples. . n 4_ (?, / j (Administration) 4/5 6. A Resolution of the Mayor and City Commission of the City of Y Y Y South Miami, Florida, urging the Dade County Commission to amend the South Florida Building Code to exempt historic Cuban tile from the testing and product control requirements of the code for structures which had this historic material applied when originally constructed and to otherwise generally encourage its salvage and reapplication to such structures; directing the City Clerk to forward a copy of this resolution and to communicate the position of the City to the Dade County Manager and members of the Board of County Commissioners. (Administration by request) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $171.00 representing fees incurred for legal services by Stein & Warfman, P.A., regarding the case of Dade Heritage and Potamkin vs. Dade County seeking a Court Restraint Order on demolition of Dorn House $876.00 representing costs by Dade County in connection to this case and charging the disbursements to Account No. 09- 1100 -9970; "Dorn House - Expenses." 46- q , `'i % q `,� /� (Mayor Carver) 3/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to obtain emergency repairs for the City Commission Chamber Sound System, from Charlie Duff, Inc. at a cost not to exceed $1,735.00 and charging the disbursement to Account No. 2100- 5510; "General Fund Contingency." (Mayor Carver) 3/5 May 3, 1994 page 2 RESOLUTIONS 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the expenditure by the Police Department for the purchase of 24 Vey Blinds from Blinds Beautiful, Inc. in an amount not to exceed $1,558.70 under County Bid #1016 and charging the disbursement to Public Works Account No. 1710 -4670; "Maintenance and Repairs- Grounds and Buildings." 4 P ! 4-- qlrl4q (PD /Administration) 3/5 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement to continue the City's participation in the meals for the elderly program. q _ q 4 q,7,1 S-'D (Rec /Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing a waiver of bid procedures for the City's Public Works Department purchase of repairs to garbage truck No. 21 -41 upon the basis that General Welding Services, the only company that can do this repair right away and avoid disruption in garbage collection service to our citizens, authorizing the expenditure of a sum not to exceed $1,965.00 for these repairs; charging the disbursement to Account No. 1760 -4680 "Outside Labor." yL� (PW /Adaministration) 3/5 12. A Resolution of the'ayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to award a bid to Homestead Concrete & Drywall, Inc., as the low bidder in the amount of $170,000 for the Dorn Avenue reconstruction project pursuant to the Hometown Plan; charging the following amounts to the accounts indicated: $30,000 Account No. 2100- 6440: "Capital Improvements- Sr District;" $75,000 Account No. 1730 -4640: "Gas Tax Trust Fund - Transportation Improvements;" $65,000 Account No. 1730 -4640: "Stormwater Drainage Trust Fund Maintenance and Repair of Streets Drainage." .- (Administration) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, retroactive approval of work performed by Dade County Park and Recreation on April 20, 1994 and completed in five days regarding the unsafe four drainage boxes problem at South Miami Field, authorizing the City Manager to pay Dade County Park and Recreation Department an amount not to exceed $6,134.00 and charging the disbursement to Public Works' Account No. 1710 -4670; "Maintenance and Repairs - Grounds & Structures." (Rec /Administration) 3/5 May 3, 1994 page 3 RESOLUTIONS 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $942.50 for Signage and Graphic Services by Tom Graboski Associates, Inc., for Photographic reprinting of newspaper article by South Miami Blueprint, Inc. and charging the disbursements to Account No. 09- 1100 -9980; "Dorn Avenue Trust Fund Expenses." q44 ^ `(City Attorney Gallop) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving the attached collective bargaining agreement between the City of South Miami and the Police Benevolent Association (PBA) , which agreement provides for 5% across the board salary increase effective June 1, 1994; 3% across the board salary increase effective October 1, 1994, beginning January 1, 1995, a limit of six -sick leave days in any given year that may be counted in work week for overtime. (Administration) 3/5 ORDINANCES - FIRST READING 16. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Subsection 4 -2(A), of the Code of Ordinances, providing distance requirements pertaining to the manufacture, sale and distribution of alcoholic beverages, to eliminate the 500' distance requirement between nightclubs, bars and lunges and the 300' distance requirement between restaurants in retail and commercial zoning districts of the City of South Miami; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) 4/5 17. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Section 15 -32, of the Code of Ordinances, providing for games of chance, to allow games of chance when held as a fund raising event for not for profit organizations, one time a year only, when issued a permit by the City Manager; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Cunningham) 4/5 none May 3, 1994 page 4 REMARKS a t G Lj � C 2 TY O F SOUTH M2 AM= © INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: ''William a on City Manager Background: Date: April 25, 1994 Re: 5/3/94 Commission Agenda - Item # 4 Repeal of Tree Ordinance Sections 19A -31 through 19A -52 Dade County has a County -wide Tree Ordinance which is enforced within the cities, unless a city opts to enact its own tree ordinance. On January 21, 1992 the City of South Miami enacted its own Tree Ordinance, to be enforced by existing Building and Zoning staff. Both, City & County Tree Ordinances are attached. Upon repeal of the City Ordinance, the County Ordinance will become effective in South Miami with essentially the same protection for trees as was provided by the City Ordinance. The Building and Zoning Director believes and I concur, that by utilizing the County Ordinance and expert County staff we can provide a higher level tree protection and propagation for our City. Recommendation: 1. Advantage to City: The County's uniform Tree Ordinance will be enforced in South Miami by Dade County DERM and its expert tree staff. 2. Disadvantages to city: None 3. Staff recommends approval of this Resolution. 4. Repeals Article II, Sections 19A -31 through 19A -52 of the City Code. Attachments WFH:er carac aril own r I i C ='2'Y OF SOUTH M=A.M= INTER - OFFICE MEMORANDUM To: William Hampton City Manager From: Dean L. Mimms, AICP Dir., Bldg., Zoning & Comm. Dev. Date: Apr. 25, 1994 Re: Repeal of Tree Ordinance Staff has met with Dade County DERM subsequent to the March 15, 1994 City Commission meeting at which time an ordinance repealing the City's tree ordinance was reviewed (and deferred to May 3, 1994). Attached is a memo from Bill Mackey to you which describes the March 28, 1994 meeting with DERM and which discusses major differences between the City's tree ordinance and the County's. DLM /ds cc: Bill Mackey, Planner z ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA REPEALING ARTICLE II, SECTIONS 19A -31 THROUGH 19A -52, OF THE CODE OF ORDINANCES, PROVIDING FOR THE REGULATION OF TREE REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted ordinance no. 4 -92- 1499 on January 21, 1992, providing for the regulation of tree removal, which amended article II, sections 19A -31 through 19A -43, of the code of ordinances; WHEREAS, the subject matter is also regulated under article III, sections 24 -60 through 24 -60.9, of the Metropolitan Dade County Code; WHEREAS, the Mayor and the City Commission find that it is desirable to eliminate concurrent regulation of the subject matter by both the City of South Miami and by Dade County. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That article II, sections 19A -31 through 19A- 43, of the code of ordinances is hereby repealed. Section 2. That the director of the Building, Zoning and Community Development Department is directed to coordinate with the Metropolitan Dade County Department of Environmental Resources Management (DERM) for the enforcement of article III, sections 24- 60 through 24 -60.9, of the Metropolitan Dade County code within the municipal boundaries of the City of South Miami. 3 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect upon the written certification by the director of the Building, Zoning and Community Development Department that DERM will enforce the applicable provisions of county code within the city. PASSED AND ADOPTED this day of , 1994. ATTEST: CITY CLERK Rosemary J. Wascura READ AND APPROVED AS TO FORM: CITY ATTORNEY Earl G. Gallop treerpl.ord 0 APPROVED: MAYOR Neil Carver CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: William F. Hampton Date: March 29, 1994 City Manager From: Bill Mackey Re: Meeting on March 28, 1994 Planner " Members of Dade County DERM On March 28, 1994, Eric T. Myers, Chief of Upland & Freshwater Resources Section, Dade County DERM and Lori K. Davis, Biologist, Dade County DERM, met with you and I to discuss enforcement of the Dade County Tree Ordinance and the effects of rescission of the City's Tree Ordinance under review by our City Commission. The following issues were discussed concerning this matter. The City has adopted its own Tree Ordinance and is, therefore, responsible for the enforcement of both its own ordinance and the Metro -Dade County Tree Ordinance. The City's adopted ordinance must, at a minimum, meet the standards of the County Ordinance. In the event that the City Tree Ordinance does not meet the standards of the Metro -Dade County Tree Ordinance, the County Ordinance must be enforced. The City may adopt (and has adopted) more restrictive provisions. Major differences are outlined. Both ordinances require permitting and replacement for the removal of all trees with specific exemptions; however, these exemptions do differ. The net result is that the City's Tree Ordinance requires single- family residential property owners to pay for permitting and the replacement of all trees on their properties that are over 8 inches in diameter (any small tree), while under the County Tree Ordinance, only trees that are equal to or greater than 18 inches in diameter require permitting and subsequent replacement (except for ficus trees). Under the County Ordinance ficus trees may be removed without any permit or replacement required for single - family residences. The City Tree Ordinance provides a list of five "noxious" trees which are exempted from permitting for removal. The Dade County Tree Ordinance exempts 11 species from permitting. The City's Ordinance is deficient in that it does not encourage the removal (via permitting exemption) of all 11 species of undesirable trees. In addition, the City Tree Ordinance is inconsistent by requiring replacement of "exempted" noxious trees over 8 inches in diameter, thereby nullifying incentives to remove pest trees. The City Tree Ordinance provides restrictions against destroying trees by prohibiting a method of trimming termed "hat- racking" (appearance of the trimmed tree is like a hat - rack); regulations prohibit the trimming of any branches greater than three inches in diameter. Measurement of trimmed branches with no regard to the actual result of necessary pruning is not an effective means for the preservation and management of trees. Enforcement of the Dade County Tree Ordinance by DERM professional staff allows for a more comprehensive evaluation of complaints regarding excessive tree trimming, as opposed to the measurement of trimmed branches. County regulations prohibit the "effective destruction" of trees; thus, actual damage is determined by overall, expert evaluation. The City is very interested in providing the maximum level of service concerning permitting. Permit applications will be available at South Miami City Hall and will be transmitted via fax to DERM offices downtown for review and evaluation. Some applicants (mostly large -scale projects) may need to submit plans directly to the DERM offices located at 33 S.W. 2nd Avenue; however, many County applicants are already making applications via the fax and telephone for DERM permit approvals. The County believes there is "no reason for trees to be a crisis ". Concern for level of service includes permit fees. The City collects a $40 permit fee for tree removal on any property. The County residential permit fee is $50 plus $5 per tree removed; the County commercial permit fee is $75 plus $5 per tree removed. When necessary a $25 inspection fee is charged by the County for on -site visits. Most single - family residential applications require one or two inspections, if photographs are not utilized. Although County permit fees are greater than City permit fees, the level of service rendered will be superior. In addition, the frequency of tree permit applications for single- family residential properties will be greatly reduced, due to the permit exemptions under the County Tree Ordinance discussed earlier. In conclusion, the County Tree Ordinance has effectively created a system that preserves existing trees and increases the planting of trees throughout the County. The Metro -Dade County Department of Environmental Resources Management is professionally staffed, willing and able to cooperate with the City of South Miami in order to effectively and efficiently enforce and administer the County Tree Ordinance within the jurisdictional boundaries of the City of South Miami on behalf of and in the interest of the City. The City Manager highly recommends this course of action on the basis that it is both reasonable and rational. cc: Eric T. Myers, Chief Upland & Freshwater Resources Section Department of Environmental Resources Management Lori K. Davis, Biologist Department of Environmental Resources Management Dean L. Mimms, AICP Director of Building, Zoning & Community Development Department I G ORDINANCE NO. 4-92-1499 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF sOuTH MIAMI, FLORIDA; AMENDING THE TREE COMMITTEE ORDINANCE BY PROVIDING FURTHRR DEFINITIONS; INCREASING MINIMUM HEIGHT OF RZPLAC2XZNT TREKS TO 8 FEET; PROVIDING FOR LIABILITY FOR REPLACEMENT AND /OR MWX1R COSTS OF UP TO 61,000.00 DZR TRIM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCLS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 6 -91 -1471 passed on March 5, 1991 the City of south Miami enacted a Tree Ordinance; and WHEREAS, thereafter the Tree Committee established thereunder has recommended certain modifications to the Ordinance as set forth in the following proposed amended Ordinance; and WHEREAS, the Mayo% and City Commission wish to adopt the suggested modifications to the Tree Committee Ordinance; NOM, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Datinitions. Street Trees: "Street trees" are hazain defined as trees, on land lying between property lines on either side of all streets, avenues, or ways within the City. Park Trees: "Park Trees" are herein defined as trees, in public parks, and all areas owned by the City, and /or to which the public has free access. Residential and Commercial Trees: "Residential and commercial trees" are herein defined as trees, on private residential and commercial property within the City. Specimen TrSR„ "Specimen Tree" shall mean a tree with any individual trunk which has a DIN (diameter breast height) of eight inches or greater, exclusive of all trees listed as "roxiops" on the approved tree list of the City. DBH shall mean the diameter of a tree's trunk measured et a point four and one - half feet above the ground suzfaca. 7 Canopy _ an .R11olacement Canopy— "Canopy" shall mean the average diameter of a tree's 11mb spread. "Replacement canopy" shall mean the anticipated canopy of a replacement tree or trees when fully grown. It may be cumulative i.e. two trees that are expected to grow to a mature width of 25 feet may be used to replace a single 50 foot tree. Section 2. Creation and Establishment. The Tree Committee for the City of South Miami, Florida, shall consist of five members, residents of this City, who shall be appointed by the Mayor with the approval of the Commission. Section 3. Term of Office. The term of the five persons to be appointed by the Mayor with the consent of the Commission shall be for two years, except the term of three members of the first committee shall be for only one year. In the event that a vacancy shall occur during the term of any member, his /her successor shall be appointed for the unexpired portion of the term. Section 4. Compensation. Members of the Committee shall serve without compensation. Section 5. Duties and Responsibilities. It shall be the responsibility of the Committee to study, investigate, counsel, and develop and /or update annually, and prepare a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs In parks, along street and in other public areas. Such plan will be presented annually to the City Commission and upon their acceptance and approval shall constA tute the off -icial comprehensive city tree plan —for"' the City. The Tree Committee shall make recommendations with respect to preservation and care of trees on residential and commercial property, and shall at the request of the City Commission and administration review all matters which relate to the interpretation of applicable regulations and code violations, and euhmit recommendations. The Committee shall annually review 2 Z. N the established Official Tree List for recommended additions and deletions, and shall submit its findings to the Commission. The Committee shall act only in an advisory capacity and the City Commission is not bound by their recommendations. Section 6. operation. The Committee shall choose its own Chair and Vice -Chair and regulations and keep minutes of its findings. A malority of the members shall be a quorum for the transaction of business. Section 7. Minimum Standards. The City of South Miami shall adopt as minimum standards, except as herein stated, and shall enforce the Code of Metropolitan Dade County, Florida, Ordinance No. 89 -8, Section 8CC -10 (relating to Code Enforcement), and the Metropolitan Dade County Environmental Drolection ordinancxx, excluding Section 24-60.8. Application for permits, requests for variances and extensions of time, and payments of penalties and fines as ordained by the County ordinances shall be to the City of South Miami. The Commission of the City of South Miami may enact such additional regulations and ceyulrements for the preservations of the trees and environment as they may dean necessary. Section 8. Official Tree List. The attached list constituter the Official Tree List for South Miami, Florida. Species included on the "noxious tree list" shall not be planted under any circumstances in South Miami. approved tree species in the lint shall be used for planting as follows: Public Lands: All future Street and Park tree species planted in-the Clty o #-South Miami ;;e_.to.be _selected from..the Official tree List. Residential: The City shall permit the planting of trees on residential property without a permit or further review, so long as no tree included in the Noxious Tree List is utilized. CommercW .dp,d.Residential: all landscape plans as required by applicable building codes, and all tree removal and replace- 3 3- 7 ment plans submitted to the City specifying trees not on the Official List, shall be reviewed by the Tree Committee and recom- mendations, if any, shall be made to the Commission and /or City administration for consideration. Section 9. Tree Removal. Removal of any specimen tree (of eight Inches diameter, DBH) or greater, including trees on the "noxious list ", shall be permitted only if potential replacement canopy is planted on the same property, or other property within the City of South Miami. Replacement trees must be a minimum of Right fmwt in height with a trunk caliper of two inches. Section U, Tree Removal Permit. a Tree Removal Permit shall be required for the removal or relocation of any specimen tree. The City of South Miami shall charge a fee per residential luL, vdlld fut 90 days during which an unlimited number of trees may be moved or removed, so long as other provisions of this ordinance are met. The City administration shall have approval authority. Removal of non - specimen trees and "noxious trees" from the yard area of an existing residence shall be exempt from tree removal permits, so long as replacement of removed canopy is observed. Section 11.. Spacing. The spacing of Street Trees will be in accordance with the three species size - classes listed in the Official Tree List attached to this ordinance no trees may be closer together than the following: Small Trees, lb feet; Medium Tress, 25 feet; and Large Trees. 40 feet; except in special plantings approved by the City upon review and recommendations of the Tree Committee. Section 12. Distance from Curb and Sidewalk. The distance Street Trees may be planted from curbs and curb -lines and side- walks will be in accordance with the three species size classes listed in this Ordinance► and no tree may be planted closed to any curb or sidewalk than the following: Small Trees, two feet; Medium Trees, three feet; and Large T=ees, five feat, 4 4L- /O Section 13. Distance from Street Corners and Fireplugs. No Street Tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curb - lines. No street tree shall be planted closer than 20 feet of any fireplug. Section 14. Public Tree Cara. The City shall have the right to plant, prune, maintain and remove treez, plants and shrubs within the lines of all streets, alley, avenues, lanes, squares and public grounds, as may be necessary to Insure public awfety or to preserve or enhance the aesthetic environment and beauty of such public grounds. The City Tree Committee shall review the need for removal of any tree or part thereof on public or commercial property, and make recommendations to the City, with respect to trees in an unsafe condition or which by reason of its nature is injurious to severs, electric power lines, water lines or other public improvements, or is affected with injurious fungus, insect or other pests. Private individuals shall not plant or landscape Public lands, not remove, move or prune roots or tree limbs in excess of 2" (two inches) in diameter without a permit from the City of South Miami. Section 15. Distance from Utility Easement. Ho street tree other than that listed as small or medium in the official List of this ordinance may be planted under or within 20 lateral feet, except for palm trees, which may be planted within 15 feet, of any overhead utility easement or over or within five lateral feet of any underground water line, sewer lkne, transmission line or other utility. Section 16. Hatracking Prohibited. It shall be unlawful for any person, firm, or City Department to top or "hatrack" any street, park, commercial, and residential tree. Topping or "hatracking" In defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other 5 /I causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section at the determination of the City, and where time permits, upon review and recommendation of the Tree Cnmmittee. Where necessary to severely prune a tree, topping and pruninq should be done in stages. ,section 17, Dead, Diseased or Noxious Tree Removal on Private Property. The City shall have the right to cause the tanoval of any dead, diseased or noxious tress on private property within the City, when such trees constitute an imminent hazard to life and /or property, or harbor insects ox disease which constitute a potential threat to other trees within the City. Upon the recommendation of the City Tree Committee, the City will notify in writing the owners of such trees. Removal shall be done by Said owners at their own expense within three months after the date of service of notice. In the event of failure of owners to comply with such notice, the City shall have the authority to remove such trees and charge the cost of removal to the owner. Section 18_, Removal of Stumps. All stumps of street and commercial. trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. In the interest of environmental conservation, park and residential property are permitted to leave tree trunks standing for the benefit of nesting birds. Section 19, Arborist's License ',.and Bond. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the City limits without first applying for and procuring a license. The license fee shall be $ 25.00 annually in advance; provided, however, that no license shall be tequired of any public service compony or City employee doing such work in the pursuit of their public service endeavors. Before any license shall be-issued, each applicant shall first file evidence of possession of 6 4 liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000.00 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors an herein described. Tree services and azborists shall he issued, prior to or at the time of license issuance, a copy of The National Arborist Association pamphlets titled "Fine Pruning ", "Standard Pruning ", "Hazard Pruning ", and "Crown Reduction Pruning ", (Copyright 1989) and approved for distribution by N. A. A. by the City of South Miami. Failure to comply with approved pruning and trimming standards and with all nthmr provisions of this Ordinance, will result in a fine of up to 6250.00 per day, per tree and /or loss of license. section 20. Hazardous Practices. It shall be unlawful to root prune or othezvize destroy the root system of a tree by any means, including construction site preparation, so as to cause the decline or death of the tree or to cause it to become unstable and a hazard in high winds. The exception to this rule would be to root prune for safe removal to another site with appropriate reduction of canopy to lessen the stress of the move or to protect utilities, structures, or slabs. Section 21. Time Limits and Care of Replacement Trees. Except at new construction sites, all required replacement trees as specified in this ordinance shall be planted within 90 days. Trena shall remain under the care of the entity or person respon- sible for the planting for a period of one year. Any tree that dies or becomes nonviable within one year shall be replaced according to the standards set forth in this Ordinance. Trees removed for new construction shall be replaced as specified in this ordinance, except the time limit shall be extended until the completinn of construction, but shall be completed prior to the issuannw of a certificate of occupancy. Preservation of Specimen Trees and Native Trees shall be given top priority. 7 /3 Section 22, Fine. Any person violating Sections 9, 19, 15, 16, 18, 19 and 20 of this Ordinance shall be subject to a fine of up to 5250.00 per day per tree at the discretion of the Code Enforcement Board. Section 23. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent iurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 2q,,_ All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 25. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 2_1 th day of January 1992. APPROVEDs MAYOR AT T: (4'j� r �" I&, CI L READ ANn APPROVED AS TO FORMS CITY ATTORNEY 8 J�/- Eli CITY OF SOUTH MIAMI TREE LIST Parks. Streets and Commercial Medium and 5=11 Non - Native (Exoticl Trees (less than 30' overall) Botanical 'game Common Name Max. Size Rate Carambola 30' x 20' M Lipstick Tree 15' x 10' M Lady of the night 10' x 5' M Jamaca Jasmine 15' x 10' M Caesalpinia mexicana Dwarf Poinciana 15' x 10' M Caesalpinia pulcnerima Dwarf Poinciana 15' x 10' F Cassia- surattensis Scrambled Egg Tree 20' x 15' F Cassia beareana Bear's Cassia 20' x 15' M Clerodendrum minanassae Tube Tree 10' x 5' M Clusia guttifera Small leaf Clusia 25' x 20' M Varies Varies M Cordia boissieri White Texas Olive 25' x 20' M Eriobotrya jawnia Loquat 20' x 15' M Jatracha hastata Red Jatropha 15' x 10' F Lagerstroemia indica 0 Crape Myrtle 20' x 10' M Moringa oleifera Horseradish Tree 20' x 15' M Tropical Dogwood 10' x 5' M Murraya paniculata Orange Jasmine 15' x 15' M Jerusalem Thorn 20' x 15' M Frangipani Tree 25' x 20' M Psidium littorale Catteya Guava 15' x 10' M Sabinea carinalis Carib Wood 15' x 10' M Senna polyphylla Twin Senn& 15' x 10' S Sesbania grandiflora Hummingbird Tree 25' x 20' M Tabebuia caraiba # Yellow Tabebuia 20' x 15' M Large Non - Native (Exotic) Trees (more than 30' overall) **Sowax ceiba i Red Silk Cotton 100'+ F **8ombax pentandra 1 Great Bombax Tree 1001+ F Bulnesia arbora * Yellow Vera 50' x 30' M Cassia fistula (Yellow) * Golden Shower 60' x 30' M Cassia javonica (Pink) Pink Poinciana 50' x 50' M Pink /Yellow Shower 50' x 50' M **Ceiba pentandra or so. Kapok Tree 90' x 50' M **Chorisia neciosa 0 Pink Chorisia 60' x 40' M Star Apple 50' x 30' M Yellow Buttercup 40' x 20' M Various species 301+ F **Oelonix regia *+ Royal Poinciana 50' x 50' F Jacaranda acutifolia Jacaranda 50' x 30' M Lagerstroemia speciosa d Tree Crape Myrtle 50' x 30' S Lonchocarpus violaceous Lancepod 30' x 20' M_ Lysiloma sabicu Weepingq Sabicu - -• -� - 40'•k 20' M Manilkara zapota -- Sawdil1& 80' x 40' M Pachira aquatics Guiana Chestnut 40' x 30' M Peltophorum dubium * Yellow Poinciana 70' x 40' F Pimento dioica * Allspice 40' x 15' M Podocarpus gracilior • Weeping Podocarpus 60' x 30' M Pongama pinnata *t Pongam 40' x 30' M Shaving Brush Tree 40' x 30' F African Tulip Tree 60' x 20' F Tabebuia hetemPhylla * Pink Tabebuia 40' x 20' M Tabebuia sp. Various Species 30'+ M %S CITY OF SOUTH MIAMI TREE LIST page 2 Larce Native Trees (more than 30' overall) Ecosystem: Pinelana or Hammock Botanical Name Common Name Max. Size Rate Bumeiia salicifolia med.* Willow Rustic 40' x 20' M Bursera simaruoa * Gunoo Limbo 50' x 40' F Canella winterana med. Wild Cinnamon 40' x 30' S Chrysophylum oliviforme med.* Satinleaf 40' x 20' M Conocarpus erectus* Green Buttonwood. 60' x 40' F Cocoloba uvifera * Seagrape 40' x 30 M Cocoloba diversifolia * Pigeon Plum 40' x 20' M Cordia Sebestena med. * Orange Geiger 40' x 30' S Clusia rosea med. Signature Tree 50' x 50' M Exothea paniculata Inkwood 40' x 30' M Ficus citrifolia Short Leaf Fig 50' x 40' F Guaoira longifolia med. Biolly 40' x 30' M Ilex cassine med. * Dahoon Holly 40' x 20' M Licaria Triandra med. Gulf Licaria 40' x 30' M Matichodencron foetidissium Mastic 80' x 60' F Pinus eliottii "Densa" Parks Dade County Pine 80' x 40' M Piscidia piscipula d Jamaca Dogwood 40' x 30' F Lysiloma latisiliqua *d Wild Tamarind 60' x 40 F Quercus virginiana * Live Oak 80' x 80' S Simarouba glauca * Paradise Tree 60' x 40' F Swietenia mahogoni * Mahogany Tree 60' x 40' M Ecosystem: Wetland of edge of fresh water body Note: All species should be researched for their soil and nutrient tolerances and specific site reoairemen . All species listed should be matched their, ecosystems- * Indicates CemmV Available Ball 3 Burlap 101+ S Slow Cra ft Rate YAM= a Mth fttea rust .shade" ;uitablm for parks:amdLlarwanes- 1b Red Maple 80' x 40' F Ficus citrifolia Short Leaf Fig 50' x 40' F Ficus aurea Strangler Fig. 80' x 80' F Fraxinus caroliniana Pop Ash 60' x 40' F Ilex cassine * Dahoon Holly 40' x 20' M Magnolia virginiana Sweet Bay 40' x 20' M Paurotis wightii Paurotis Palm 40' x 20' M Bald Cypress 90' x 40' M Sabal palmetto * Sabal Palm 60' x 12' M Roystonea regia * Royal Palm 90' x 20' M Medium 6 Small Native Trees (less than 30' overall) Acacia farneseana Sweet Acacia 20' x 20' F Ateramnus lucidus Crabwood 20' x 10' M Calyptranthes pollens Spicewood 20' x 10' M Calyptranthes.zuzygium Myrtle -of- the -River 20' x 10' M Capparis cynaph allophora Jamaca Caper ' 20' x 10' M Conocarpus erectus "sericeaus' Silver Buttonwood 25' x 20' M Eugenia axillaris White Stopper 20' x 10' M Eugenia confusa Red Stopper 25' x 1S' S Eugenia foetida Spanish Stopper 20' x 10' M Juniperus silicicola Southern Red Cedar 25' x 20' " Guaiacum sanctum Lignua Vitae 15' x 10' M Krugiodendron ferreum Black Ironwood 25' x 15' M Myrica cerifern wax Myrtle 20' x 15' M Myrcianthes fragrans Simpson Stopper 20' x 10' M Myrsine floridana Myrsine 20' x 10' M Picraania penta dra Bittarbush 15' x 10' M Pithecellobiva guadalupense Blackhead 20' x 15' M Coralia boissieri Texas Mild Olive M Capparis cynophalophora Jamican Caper M Note: All species should be researched for their soil and nutrient tolerances and specific site reoairemen . All species listed should be matched their, ecosystems- * Indicates CemmV Available Ball 3 Burlap 101+ S Slow Cra ft Rate YAM= a Mth fttea rust .shade" ;uitablm for parks:amdLlarwanes- 1b CITY OF SOUTH MIAMI TREE LIST Parks, Streets and Commercial Page 3 NOXIOUS TREES Common name Botanical name ** Bischofia Bischofia javanica Umbrella Tree Brassia actinophylla Brazilian Pepper Schinus trebinthifolius Melaleuca Melaleuca leucadendrum Australian Pine Casuarina equisetifolia %7 Amended alternate Agen ::a ::e:: ::Z-2(b) 2 -21 -89 CFD:::A.ICE NO. 89 -8 CRDINANCE THE CCCE C: ISE :RC ?CL :.AN :ADE COUNTY, - 'CF' ^A, SVC: :C %;S 8CC -10 (RELAT- I.IG T = O CODE ... G3C�IdE.J_; , 24 -2, 24_3, 24_5, 24 -48, 24 -ug -and 24 -57 OF THE METROPOLITAN _A" CCL.ITY _ - :.V- RCNMnN ^.h.. - RCT° -C"_ON CRDI- ':CE TO DECLARATION GISLAT_7E INTENT; DEFIN. :CPIS; DUT'ES AIID POWERS [OF THE DIRECTOR OF THE DEPARTMENT CF ENVIRONMEI:TAL RESOURCES MANAGEMEENTJ; '.'AR =ANCES AND EXTE!IST_CNS OF :144, TOR COMPL -'- ANCE; PROCEDURE GOVERNING VARIANCES AND EXTENSIONS OF TIME; AND CIVIL LIABILITY; JOINT AND SEVERAL LIABILITY); CREATING SECTIONS 24 -60 THROUGH 24 -60.9 OF THE CODE OF METROPOL TAN DADE COUNTY, FLORIDA (RELATING TO TREE AND FOREST RESOURCES PROTECTION STANDARDS; PROVIDING FOR PERMITS FOR TREE REMOVAL AND RELOCATION AND EXEMPTIONS; PROVIDING FRCCEDURES AND FACTORS FOR EVALU- ATING PERMIT APPLICATIONS; PROVIDING• STAN- DARDS FOR REPLACEMENT, PROTECTION, AND RELO- CATION OF TREES; PROVIDING FOR CONDITIONS OF PERMIT ISSUANCE AND COMPLIANCE WITH PERMIT CONDITIONS; ESTABLISHING A TREE TRUST FUND AND CREATING A TREE AND FOREST RESOURCES ADVISORY COMMITTEE; PROVIDING FOR COLLECTION OF FEES); REPEALING DADE COUNTY ORDINANCE NO. 88 -95 (RELATING TO STANDARDS FOR REMOVAL AND RELOCATION OF TREES); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA: Section 1. Section 8CC -10 of the Code ofl Metropolitan Dade County, of rida, is hereby amended as follows: Sec. 8CC -10. Schedule of Civil Penalties. it i Reference Code Description of Civil Number Section Violation Penalty ;G4 458.86 204 24 -60 Failure to properly $100.00 secure permit or non- compliance with permit conditions. Section 2. Section 24 -2 of the Code of Metropolitan Dade County, r orida is hereby amended*as follows: Sec. 24 -2. Declaration of legislative intent. e e e The Board further finds it necessary to maintain within Dade County a freshwater wetlands management program for•the purposes of providing adequate water levels, flood control, water conservation, protection of water quality and recharge to the Biscayne Aquifer, and prevention of saltwater --------------------- 1 Words stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are new in effect and remain unchanged. Amended Alternate ngenaa :'e^ 2(5' ?age ::o. intrusion; for tte maintenance of the biological = ntegr ::;; of freshwater wetlands '^ lade County; _or the protecticn cf the interrelated natural functions bet:aeen Cade Ccurty's we: lands and the natural systems -n Everglades Naticnal ?ark.; for managing freshwater wetland resources in accord- ance :t -th environmental standards and management - =teris as rs -= .::ended by the Dade County Comprehensive :evelopment Master flan and Chapter 339, of the Code of Metropolitan :.ade County, Florida, as amended from time to time; -and providing for cooperation with Federal, State, and local agencies and authorities. The Board finds it recessar• to establish fer nade County a free and Forest esources Program for the purpose o: protecting, preserving and replacing tree car.cz ore - serving natural forest communities Including associated understory, providing protection for specimen -size trees and environmentally - sensitive tree resources, conserving rare, endan ered threatened and endemic species, protecting historical y-significant tree resources, promoting the reservation of subtro -cal vegetation and unique or unusual s ecies rovi in or wildlife habitat maintaining the natural character o f neignborhoods, preserving the natural diversity of species, promoting environmentally -sound aesthetics and providingfor Improved environmental ualit by recognizing the numerous beneficial effects of trees including improvements to air quality, ma ntenance o land areas essential to surface water management and aquifer recnar a reduction of heat and noise o ut -on rater oral ever conservat on an rov s on o s a e an h sica and s cnoio ical benefits to the people of ade County by enhancing urban development). This program shall be a minimum standard and shall a 1 to both the -ncor orated and unincorporated areas, and In the unincorporated areas_ shall be enforced by the Department of Environmental Resources REagement, and in the incorporated areas shall be enforced by the municipali ties unless the County is notified by a municipality, in the form of a letter from an official of the municipality or by resolution that the Municipality -desires the County to enforce the county tree munici alit ma establish and enforce its own ordinance provided such ordinance is equivalent to or more stringent than t e provls ons of this ordinance. # # # Section 3. Section 24 -3 of the Code of Metropolitan Dade County is hereby amended as follows: Sec. 24 -3. Definitions. In construing the provisions of this chapter, where the context will permit and no definition is provided herein, the definitions provided in Chapter 403 Florida Statutes, as may be amended from time to time, and in rules and regu- lations promulgated thereunder, as may be amended from time to time, shall apply. The following words and phrases when used in this chapter shall have the meanings ascribed to them in this section: (42) Nuisance shall mean and include the use of any property, facilities, equipment, processes, products or compounds, or the commission of any acts or any work that causes or materially contributes to: %q Amended Alternate Agenda :ten NIc. 2 (b) Page NO - 3 (f) Adverse environmental immact to environmentally - sensitive tree resources. (g) Cumulative adverse environmental inpact to envircnmentally- sensitive tree resources. ( ) Drip line shall mean an imaginary vertical line extending from the outermost horizontal circumference of a tree's ( ) Tree removal shall mean directly or indirectly cutting down destroy ng, removing or relocating, or effectively destroy- In (through damaging, trimming, authorizing or allowing-the cutting down, destroying, removing, moving or damaging of any tree. ) Developed land shall mean land upon which structures or facilities have been constructed. ) Diameter breast height (DBH) shall mean the diameter of a tree's trunk measured at a point four and one-half Z47) f t above the ground surface. (_ ) Site plan shall mean a drawing having a scale sufficient to provide the o ow-1T ing information: location of all proposed or existing buildings, septic tanks utility easements fences walls, areas drivewa s access roads setbacks. an anv other site dbe oDment. r. lant with a or with an_ or greater trees:, (a) All trees listed in Section 24- 60(4)(f)._ (b) Non- native fruit trees that are cultivated or xrown for the specific ur ose o producing edible fruit Including, but not limited to mangos, avocados or species o citrus. (c) Species of the genus Ficua. (d) All multitrunk trees in the palm family, except Acoe orrhaphe wrightii and phoenix reclinata which have a minimum overall height of fifteen (15) feet. Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant species that are typically associated with a natural forest community. Effectively destroy shall mean the cutting, trimming, or damaging of a tree's trunk branch or root system to the extent that the-tree is no longer viable. Botanical garden shall mean any publicly -owned real property used for the cultivation o Dlants for disDlav or scientific ( ) Development shall mean any proposed activity or material change in the use or character of land, including, but not r1r.,ited to, the placement of any structure, utility, fill, an Amended Alternate Asenda :tem :ro. 2 (b) Page No. 4 or site improvement on land, and any act which requires a building permit. ( ) Bona fide agricultural purposes shall mean good faith commercial or domestic agricultural use of the land. in determining whether the use of the land for agricultural purposes is bona fide the following factors as set forte in Section :y,. 1 Florida Statutes and as amended from time to time), though non- exclusive, shall be taken into con- sideration: (1) The length of time the land has been so utilized; (2) Whether the use has been continuous; (3) The purchase price paid; (4) Size, as it relates to specific agricultural use; (5) Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance_ with accepted commercial agricultural practices, including, without limitation, fertIlIzIng, lImIng, _ tilling, mowing, reforesting, and other accepted agricultural practices; (6) Whether such land is under lease and, if so, the effective date length, terms and conditions of the ease; an (T) Such other factors as may from time to time become applicable. ( ) Natural Forest Community shall mean all stands of trees designated as Natural Forest Communities on the llade cout• atural Forest Community s an a rove b the oarn d of County Commissioners, pursuant to Resolution No. R -17 - These ma s ma be revised from time to time b resolution in order to re ect current conditions an to nsure that, at a minimum, the canopy and understory of designated natural forest communities are dominated by native lent s ecies as e ne herein. a eoartment shall eve uate the o owing 1) The reatened 5 ecies the sh Commission ist o d ned, rare or endemic it -of Endangered and ame and Fresh Water •ed and Potentially .orida. or the Dade County Comprehensive Develo ment Master lan List 01w Endangered, Threatened, are and ndemic Plants in Dade County. t (2) Overall plant species diversity of the site. (3) Size of the trees. (4) Size of the site. (5) Wildlife habitat value of the site. (6) Geological features of the site. (T) Percentage of the site covered by exotic _(non- native) species. S/ Amended Alternate Agenda _tem No. 2(b) Page i:o. 5 Within 120 days of the effective date of this ordinance, the Department shall develop a quantitative evaluation fors Incorporating the above factors to be used in evaluating natural forest cotrmunit�; sites, and stall include a minimum quantitative threshold standard for inclusion on the revised natural forest community maps. Said evaluation £orm may be sised from time to time as appropriate , ana shat= be reviewed and approved b the :ree and Forest resources Committee prior to its ut ization. Upon completion of the review of the existing natural forest community maps, the irector shall recommend to the Board of County Commissioners that only those sites which meet the minimum quantitative threshold standard established in the above- described evaluation form be maintained on the list and that all other sites be deleted. This shall not preclude the further addition of sites to the maps. The Director shall also recommend to the Board of Count ommissioners that all applicable boun ar changes a made to ail remaining sites. S ) Prescribed burning shall mean the process of periodic deliberate burning or a p ne and in a ccntro lied manner, taking into consideration weather and understory moisture ccr,aitions for the ur oses of malntainin the pineland in a natural condition and or the promotion of pine regen- eration. ( ) Native plant species shall mean a plant species with a geographic distribution indigenous to all or part of Dade County. Plants which are described as being native to Dade county in bornical manuals such as but not limited to A Flora of ropical Florida" by Lo ng an akela and the Biology of Trees Native to Tropical Florida by P.B. omlinson are native_21ant species within the meaning of this definition. Plant species which have been introduced into Dade Countv by man are not native plant species. ( ) Dominance shall mean the species or group of species havin the largest total number of individuals in the canopy and /or understory within a defined area. ( ) Canopy shall mean those_ trees which constitute the tallest layer within a forest. ( ) Tree survey shall mean a drawing overlaid directly upon the site plan sufficient to provide the following in ormation (1) the location, plotted by accurate techniques, in re- lation to all proposed development, of all existing trees which are proposed to be destroyed, relocated or preserved, (2) the common and scientific name of each tree, (3) the DBH of each tree, or if a multiple trunk tree, the sum DBH for all trunks, and (4) an estimate of the height of the canopy. ( ) Highway shall mean any public thoroughfare, including streets, designed for motor vehicles. 021z Amended Alternate Agenda _tem NO. 2(b) Page No. 6 ( ) Landscape replacement clan shall mean a drawing ccntairing proposed tree removal, Free replacement planting, tree relocation and preservation areas. ( ) Forest management plan shall mean a document which specifies tre techniques that will be implemented to maintai. and preserve an individual natural forest community. ( ) Natural ¢rade shall mean the ground elevation of a property prier to the placement of any fill on the site. ( ) Protective barrier shall mean a temporary fence or other structure built to restrict passage into an area surrounding a tree or stand of trees for the purpose of preventing any disturbance to the roots, trunk or branches of the tree or trees. ( ) Canopy coverage shall mean the areal extent of ground ulthin the drip line of a tree. ( ) Root ball shall mean a group of roots extending from the base of a tree trunk that must be intact when relocating a tree in order to promote survival of the tree. ( ) State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund established under Florida Statutes C a ter 75 as amended from time to time for the purposes of purchasing environmentally - sensitive and. ( ) Dade County Nursery Report shall mean a monthly, published bulletin listing availability of trees prices of trees and stock of many ma or nurseries in Dade County which is prepared by the Florida Nurserymen and Growers Association. ( ) Owner- builder shall mean (an) owner(s) in fee who construct (s) no more than one s ng e- ami y or duplex residence er year for personal use and occupancy by said owner (s), and not intended for sale. ( ) Environmentally - sensitive tree resources shall mean a specimen tree natural forest community, or any other tree or trees that subs y tantial contribute (s) to the aesthetics of an area an w ch are not exempted rom permit requirements under Section 24-60.4(f). ( ) Florida No. 1 grade or equivalent shall mean the classifica- tion of the quality of a nur.sery plant as published in Grades and Standards for 9-ursery Plants, Part II F orida Department of Agriculture and Consumer Services, Division of Plant Industry. ( ) Nonviable shall mean not capable of existing and continuing to provide the biological or aesthetic qualities associated with a healthy, functioning tree resource. ( ) State - approved plant nursery shall mean a business actively engaged in propagati n rowan maintainin and selling tree s ecies that has been .icensed to con uct such business by the State of Florida or Dade County. ( ) Affected tree shall mean any tree which shall be or already has been, removed, relocated, or a festively destroyed, I hereby requiring a permit pursuant to this ordinance. ( ) Relocated tree shall mean a tree which has been transplanted ursuant to this ordinance and which continues to be viable at east one year after transDlantinx. a3 • - Amended Alternate Agenda Ttem Nc. 2(b) ?age No. ? Firebreak shall mean an area of bare ground no more than ten 1 feet in width 1n a forest which has been created to prevent the spreading of wild fires. ( ) :nee well shall mean a soil retainin structure des' ;cned to maintain. the exisLlrg natural ¢round elevation beneath a tree to oreserve the tree wnen the surroundinx area 1s __ed to raise the ground elevation. Tree wells shall have a minimum radius of three -feet from the trunk of the tree and a maximum radius of ten (10 ) feet from the trunk of the tree. ( } 1990 Urban Development Boundary shall mean the line estab- _ished b the Dade county Board county Commissioners on u v 1 by Ora. di-9d delineatiniz the approved urban ordinance from time to time. Replacement tree shall mean a shade tree, small tree, or palm tree required to be planted pursuant to the provisions of this ordinance. Bona fide fruit grove shall mean a grove of fruit trees specifically lanted to produce edible fruit for commercial purposes or 7or personal consumption by the owner. Bona fide tree nursery shall mean an nursery where trees are either planted In the ground or grown in containers for commercial u oses. ontainer nurseries which only provide trees which are ess than three feet in height overall shall not be considered tree nurseries pursuant to this Ordinance. Shrub shall mean aself- supporting woody perennial plant of low to medium height_ characterized b multiple stems and m branches continuous ro the base. ( ) Ground cover shall mean plants, other than turf grass, norma. y reac Ing an avers a maximum height of not more than twenty-four 2 inches at maturity. Section 4. Section 24 -5 of the Code of Metropolitan Dade County, or a is hereby amended as follows: Sec. 24 -5. Same -- Duties and powers. The. duties, functions, powers and responsibilities, of the director, environmental resources management, shall include the following: s t • 43d� -* i�o- Q�' a�ao�nv�tt- et-- �t�e- �rCw +tLsiorre-- o•�- ChafrOer -2•b�T -Coin e�- ?4ai�t�opo�4�Qa- ➢aio- Cow�tryT (31) The Board of County Commissioners hereby authorizes the establish ent or a count -wide Tree an Forest e- sources rogram, an vests in the Director o the Department of Environmental Resources Management the tering said program includes, but is nct limited to, the power to: a gal or the be nance for t )rest Resoi Ltions with: s and re ulations 0 ounty Commis - administration of Program, all such ieclared policies. . n.. 1 . ......_. __._..._..._. ___._..__,, ...... Amended Alternate Agenda :ter.. "0- 2 (b) Page No. 2 owers and authorities ranted b the Dade Count Hard of County Commissioners) having the force and effect of law and being enforceable under Section -55 with penalties and liabilities set forth under Sections 24-56 and 24-57 of this code; (b) Require permits under the provisions of Section 24-00, and set permit fees or the removal of trees and understor where applicable, in unin- corporated areas o Dade County and municipalities in which this ordinance is enforced by the Depart- ment of Environmental Resources Management. (c) Limit and control the removal of trees and understory in unincorporated areas of ade ourt•, and municipalities in which this ordinance is en orced b• the a artment o Environmental Resources ana ement under the provisions of Section in order to preserve as many native trees and their understory and desirable non - native trees as possible. (d) If the provisions of Section 24 -60 or the pro- visions of a tree ordinance passed ry a munic- i a it are not Ede uate enforced by a MunIc:: ipality, or If the municipal ordinance does not meet the minimum standards of this ordinance and it is the a artment s intent to administer eMt on in said municipality, then the Director of the Department shall notify the municipality by certified letter of the e artmenT s Intent and 0110 the mun c a it s receipt of the letter,- the Department shall enforce the ordinance within the municipality. (e)' Require preparation and implementation of management plang for-natural forest communities res ntly owned or managed by a e County or those which are acquired by ade County in the future. All said management plans shall be submitted to the Department for approval within two years of the effective date or this ordinance or within one year after acquisition. (f) Review the existing Dade County Natural Forest_ CommunitZ Maps and make recommendations to the Board of ount Commissioners concerning the a dition to or deletion o -specific sites from said maps. Modify the boundaries of existing natural forest communities, as indicated on the aforementioned maps, when it is determined that the approved boundaries no longer accurately reflect the boundaries of a natural forest community, as defined herein. Section 5. Section 24 -48 of the Code of Metropolitan Dade County is hereby amended as follows: Sec. 24 -48. Variances and extensions of time for compliance. r f The above provisions for obtalnin a variance sha not a to a ications or variances from the re ulatIons o Cha ter 2 - 0 which are provided for as follo ws. Any person desiring to do tree or understor removal work which is not in accordance with the regulations of Chapter 2 - 0 Amended Alternate Agenda :tem Nc. 2 (b) Page No. 9 may apply to the environmental quality control board for a variance from such regulations in accordance with the orcvisions of Secticr. 2 -++9. The environmental quality control board shall have the power and authority to grant such variances on a case -by -case basis only where it is afftr- matively established by competent factual data and information that a literal application or enforce- ment of the re u ations would result in unneces- sary hardship other than economical, and the relief granted would not be contrary to the o_ublic interest but will do substantial tustica. Section 6. Chapter 24 -49 of the Code of Metropolitan Dade County is hereby amended as follows: Sec. 24 -49. Procedure governing variances and extensions of time. Applications for variances or extensions of time for compliance with this Chapter shall be filed with the director, environmental resources management, in substantially the form prescribed therefor. The director, environmental resources management, shall make written recommendations concerning such applications and promptly file the records with the environmental quality control board. Upon request by any applicant for a variance rom the regulations or a ter - 0 the Tree and Forest Resources Advisory Committee shall also make written recommendations concerning such applications an rom t e the recommen- dations with the environmental quality control board. The director, .environmental resources management, may initiate and file with the board an application for variance or extension. Upon receipt of an application and the recommendations of the director, environmental resources management, and upon receipt of the recommen- dations of the Tree and Forest Resources Advisor Committee, where aulicable the board shall promptly hold a public he ar ng upon the appli- cation, after publication of notice of the hear- ing. a i i Section 7. Section 24 -57 of the Code of Metropolitan Dade County is hereby amended as follows: Sec. 24 -57. Civil Liability; Joint and Several Liability. (e) The following sums recoverable by the county shall be deposited in a separate county fund: e • # (7) Notwithstanding subsections (e)(1) through (6) hereinabove, any sums recoverable by the count• pursuant to any of the foregoing provisions c! Chapter 24 of the Code of Metropolitan Dade County 4P-M (g) Whenever a violation of this chapter occurs or exists, Amended Alternate Agenda _tem Na. 2(b) Page No. 10 or has occurred or existed, any person, individually or otherwise, who has -a legal, beneficial, or equitable interest in the facility or instrumentality causing or contributing to the violation, or who has a legal, beneficial, or equitable interest in the real property upon which such ;aalllty- ear - i- - "_- ooa4ed violation occurs or exists, or has occurred or existed, shall be ,Jointly and severally liable for said violation regardless of fault and regardless of knowledge of the violation. This provision shall be construed to impose Joint and severable liability, regardless of fault and regardless of knowledge of the violation,, upon all persons, individually or otherwise, who, although said ersons ma no longer kavlRg have any such legal, bene icial or equitable interest in said facility or instrumentality or real property, did have such an interest at any time during which such violation existed or occurred or continued to exist or to occur. This provision shall be liberally construed and shall be retroactively applied to protect the public health, safety, and welfare and to accomplish the purposes of this chapter. a r (j) Each tree that is not exempt under this chapter and is unlawfully -e ect ve estro ed or removed shall constitute a se arate vio ation of this chapter for which liability shall attach in accordance with the provisions or ection an Section 24-60 an �- ees destro a or a ect ve destro destroyed b an Act o od sha not constitute a violation of this chapter. (k) In assessing damages for tree(s) or understory unlawful y remove , the value or the tree s _ or understory shall a based u on the cost o the tree s or understory an a costs associated w th p7anting. At a minimum, the value of the tree (s) or understory, Includinx the cost of antin shall be two 2 times the current —wholesale price of the tree (s) or under3tory based upon the largest available size or actual size of the tree (3) or understory removed whichever is smaller, as set forth in recognized nursery publications. Section 8. Sec. 24 -60 of the Code of Metropolitan Dade County, orida is hereby created as follows: Sec. 24 -60. Permits for tree removal and relocation, improperly issued permits, violation of permit conditions, exemptions from tree removal permits; mortgagee exemption from liability. (1) It shall be unlawful for any person, unless otherwise permitted by the terms of this ordinance, to do tree removal work or to effectively destroy any tree, or to effectively destroy any understory in a natural forest community,_ without first obtaining a permit from the Department. (2) No municipal or county official shall issue a .,ree removal permit that does not comply with the rovisions of this ordinance. Any such permit shall be void. (3_)3t shall be unlawful for any person to violate or not comply with any o the conditions o a� adze County tree removal hermit. V Amended Alternate Agenda item No. 2(b) Page No. 11 (4) The following activities are exempt from tree removal permits: (a) Removal of trees within the yard area of an existing sine e- amily residence, provided the trees are r,ct within a natural forest community, and are not specimen trees or mangrove trees. This exer..cticn does not apply to trees which are growinR on County• right -of -ways ad.toining existing (b) Removal of trees for the construction of a new single - family residence, provided-that: 1. The lot is one (1) acre or less in size (43,560 square e-e if an AU zoned of or one -half acre or less in size 21,7 0 square feet), for any other zoned lot; and 2. The lot is being developed as the principal residence of the owner -bui er; and 3. The lot is not within an area designated as natural forest community_; and 4. The trees are not specimen trees or mangrove trees. (c) Removal of any dead tree. (d) Removal of trees within state - approved plant tl of trees for th and operation of a tree nursery, excen subsequent revis siring to e c ring ror e or int =ent, mainte- grove or bona proposed tree rest community the natural forest proposed tree removal as defined herein. Any trees pursuant to this tten approval from the mmeneement of anv suCF, f) Removal of any of the following tree species: 1. Melaleuca quinquenervia (cajeput or paperbar tree). 2. Casuarina'•spp. (Australian pine, beefwood ). 3. Schinus terebinthlfolius (Brazilian e 211:t provided it is not within a natura forest community, in which case a permit shall be required, but 'all_ a lication and permit fees shall be waived by the Department. _ 4. Bischofia javanica (bishopwood)._ ffAM Amended Alternate Agenda :tam No. 2(b) Page No. 12 5. Ricinus communis (castorbean). 6. Psidium Quajava (guava). 7. Albezzia lebbek (woman's tongue). 8. Acacia auriculaeformis (earleaf acacia). Q. Schefflera actinophylla (Queensland Umbrella Tree). 10. Araucaria heterophylla (Norfolk Island Pine). 11. Metapium toxiferum (poison wood), provided it is not within a natural forest communit in which case a shall e required ut all application and permit fees shall be waived by the Department. (g) Removal of any tree which has been destroyed or effectively destroyed by an Act of God o b acts outside o the control o an person individual'_ or otherwise who has or had a e a beneficial or equitable interest in the real property upon which such tree is located which acts could not have been prevented by the exercise of reasonable care by any such person, individually or otherwise who has or had a legal, beneficial or e u to a nterest m e real property upon which such tree is located. where a tree has been destroyed or effectively destroyed by acts outside of the control of a person who has or had a legal, beneficial or equitable nterest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by suc per3on, this provision s a e construed to i ose Joint and several liability upon the person(s) destroying or effective14 destroying deatroying such tree and to exempt from liability for such destruction or efrectIve destruction the erson who has or had a le al beneficial or a uita a interest in the real property upon which such tree is located. h Removal of any trees located upon p operty which is defined in Section 24.3 as coastal wetlands or freshwater wetlands. Said trees shall only be subject to the provisions of Section 24-56. (5) Any mortgagee with respect to property upon which any violation of this tree ordinance has occurred shall not be liable for such violation unless, 2rior to said violation, said mortgagee has foreclosed upon said property or participated in the management- or control of said ro ert or unless said mortgagee has effected or cause t e tree ordinance violations occurring on said property. (6) Notwithstanding the provisions of Section 24 -57(g) here n act ons or omissions constituting a vialation of this Ordinance occurred at a time when the completed actions or omissions were not prohibited by law, such completed actions or omissions shall not ccnstitute a violation of this Ordinance. ,?-1 Amended Alternate Azenda Item Na. 2 (b) Page No. 13 Section g. Sec. 24 -60.1 of the Code of Metropolitan Dade County is hereby created as follows: Section 24 -60.1 Permits generally. Tree removal permits are required for the removal cr rele- caticn of any tree not specifically exempted under Section Z -- Q (u). he Department shall provide permit application forms which shall be used by permit applicants._ An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. =f the permit applicant is a lessee or agent of the owner, a statement from the owner of the property Indicating that the owner has no ob,�ection to the proposed tree remove she be submitte with the app -ca- tion. The permit applicant shall submit to the Department_a cam leted application form. Permit application forms shall be accompanied by two sets of site plans which are subject to review and approval by the Department. The site plan shall include the locations of all existing tree resources and all ro osed structures or uti_ities which may require removal or relocation of trees. The Department may require that said plans be prepared by either a landscape architect architect or an engineer re istered in the State of orida. ff the submitted site plan does not provide sufficient information to determine which trees will be affected by the proposed development, the Department may reouire that a tree survey or the site be prepared and Section 10. Section 24 -60.2 of the Code of Metropolitan Dade County is hereby created as follows: Sec. 24 -60.2 Review and evaluation of permit applications, A review of each completed tree removal permit application shall be conducted _b Z the Department. This review and all actions taken by the Department under the rovisions of this ordinance she a conducted under a standard o reasonable- ness using best available practices from biology. botany, forestry, andsca a architecture and other relevant fields. [In nn i.nrnint of a emmnlntPd nermit annlication. the portion of a natural forest community, speclmen trees or any other trees subject to the provisions o this ordinance as follows: (A) If a site contains any portion of a natural forest community, then the rovisions o Secti7n- 24-60.2(l) shall apply. f any person is in doubt as to whether a particular property has been designated as a natural forest community, said person may request a written determination from the Department. Said written determination shall state whether or not a particular property has been so designated by t Dade County commission in the forest communit ma s under Resolution 17 and shall be re aced by the Department within twenty 0 days of receipt of said request. Any property owner of a designated natural forest community site may request that the Department verify the designated boundaries of a specific natural forest communit site or ma request that a specific site be a ete rpm the approved natural forest communii ma s. Re uests for verification o the designated boundaries of a 36 Amended Alternate Agenda Item Nc. 2(b) Page No. 14 s ecific natural forest community site or the deletion of a specific site from the approved maps shall be made in writing to the Department. Uoon receipt of such requests, Departmental staff shall ir.s ect the site and make a determination whether the approved boundaries accurately reflect the current boundaries of a natural forest community as defined herein or whether a site should be deleted Prom the approved maps. it is determined that the approved boundaries of a specific natural forest community site are no ion er accurate the Director or his desi nee sha mods • the approved boundary of the natural forest communit . One co of the modified boundar sha be urnished to the son who originated the request with n th rty days o receipt of the original request and another copy shall be made ermanntl available at the e artment or re e erence by the public. If it is determined that a specific natural forest _ community site in its entiret no longer meets the definition or a natural orest communit as defined herein. the Director shal recommend to the Board of C nty Commissioners that the site be de eted from the approved natural forest community, maps. (B) If a site contains any s ecimen trees, then the provisions o Section 2 -b�T shall apply. (C) If there are trees present on a site other than any port on o a_ natura forest community or s "ecimen trees_ then the ren acement orovisions or The standards to be applied in reviewing tree removal permit ane ications involvine natural forest communities or (I.) Natural Forest Communities Standards. (A) Upon receipt of an application for tree or understory removal work in a natural forest community, Departmental staff _shall verify that the—sitecurrently meets the definition of a natural forest community as defined herein. Departmental staff determine that a site no longer meets the definition. of a natural forest community, then the Direbtor shall recommend to the Board of County Commissioners that the site be deleted from the natural forest communit ma s. Upon approval h resolution o the Board of Count Commissioners the site will no lon er be sub ect to the provisions of Section 2 - 0.2 I , but may nevertheless be subject to the provisions of Sections 2 - 0.2 II and 24-60.4. In the event that Departmental staff determine that the site currently meets the definition of a natural forest community as defined herein but the boundary line shown on the approved maps no longer accurately reflects the boundary of a natural forest community as defined herein, the boundary_ of the natural forest community as shown on the approves 31 Amended Alternate Agenda Item No. 2(b) ?age No. 15 maps shall be modified by the Director or his designee._ One cop:) of the modified boundary shall be furnished to the property owner and another copy shall be made permanently available at the Department for reference oy -.I-.e public. If the boundaries of a natural forest communi ty are o a led, only that area encompassed within 'r: modif_ed boundary of the natural forest community shall be subject to the provisions of this section. 1. Except as rovided for in Section 24 -60.2 A below, a permit shall not be issued to clear more than ten ercent T10 of the canopy and understory o any hardwood hammock natural forest community or more than twenty percent 20 of the caner and understory of an pine land natural orest communit provi- ded said sites are five acres or greater. If a site has a total area of less than five acres and the natural forest community , covers all or a portion o the site a permit may be issued to clear up to one -half z acre within a hammock natural forest communi- ty and up to one acre within a pinelanEf natural forest community, only if the clear- Ing of te percent 1 or twenty percent 0 , respectively, does not allow some use of the property. 2. The remaining portions of all natural forest community sites, outside or the areas where tree and understory removal have been permitted by the Dep artment shall be deemed reserve areas and shall be left in a natural state. Additional clearing of trees or understory shall be prohibited in these reserve areas exce t as authorized b other provisions o th a or nance. firebreaks or ineland natural forest community reserves shall e e tte and the total area encom ease b the firebreaks (u to a maximum of ten percent 10 of the natural forest community site shal_1__not be included In rho rnra area vh eh . nermitted to be clear_ ed. pursuant to Section 24- bU.1ll)lA) 1 and 3. Required dedicated public right-of-ways and required public utility easements in pineland and hammock natural forest communities shall be excluded u to a maxims ten percent 10 of the natural forest community site from the total areas permitted to be cleared ursuant to Section 2 - 0.2 A 1 and 3. The criteria for getermininE which portion of a natural forest community shall be preserved are as follows: (a) Whether the preservation area affords maximum protection to rare, threatened and endangered species. (b) Whether the preservation area affords maximum rotection to areas of high w1 ife utilization such as, but rot limited to, nesting or breeding areas. (c) Whether the preservation area is located to minimize the number of trees and understory ve etation that is to be removed and disturbed for development. 3Z a Amended Alternate Agenda _ter.. '!C. 2(b) Page Yo. A (d) Whether the preservation area is located to protect the geological and arcnaeoiogical value of :he site. (e) Whether the preservation area is located contiguous with another .natural forest community. 3_Permits for tree and understory removals within natural forest communities that 'ire Issued in accordance with Section 24- 0.2 A 1 and 2 above shall not require an tree or understory replacement. As an a ternative to Section 2 - A 1 above. a permit may be issued to clear up to an additional ten percent 10% of a pineland natural community, provided that tree and understory replacement are a requirement of the permit. Said tree and understory replacement shall provide for the replacement of one hundred percent 100 canopy coverage equal to the square footage of the additonal area to be cleared regardless of the actual tree can o containe therein to account for the replacement of the trees and understory, ursuant to the provisions of Section 4. Any permit issued for the removal of trees and understorZ within a natural forest community shall include a speci c recuire- ass ror the salve in or native rant mater a s within the area wh ch is permitted to be cleared. However, any person desirous of salvaging lant materials must first have authorization from the permittee or owner o the property, which authorization shall not be unreasonably withheld. The Department shall maintain a list of persons interested in salvaging native plant materials and shall notify them immediately upon issuance of such a permit. Alternatives to the provisions of Section 24 -60.2 A In order to provide for unique design consi erations or the rep requirements in 24-60.2(1)( 3 above, and to address natural forest community sites which are within the 1990 Urban evelo ment Boundary, the fol7lowing shall app . 1. Alternative tree and understory replacement plans may be submitted or projects which require mitt ation pursuant to Section 2 - 0.2 I A above that are outside of the 1990 Urban Development Boundary. Said alternative plan shall be prepared by a landsca a architect or other individual knowledgeable in the field of natural area restoration, and shall indicate the deviations from the standard requirement and justification for approval. 2. Alternative tree and understory replacment and preservation plans may be submitted for projects which affect natural forest communi- ties which are located within the 1990 Urban Development ?oundar and which cannot meet the express terms o Section 2 -60.2 I A . 32 Amended Alternate Agenda Item ,"o. 2 (.b Page "to. 17 In such cases, the applicant shall have the Turdden of demonstrating that a proposed cro,;ect meets the 'intent of this ordinance and that the provisions of Section 2 -bC.2 -1;A ) cannot be met. (a) At a minimum, an alternative tree and understory replacement and preservation plan shall inc ude: 1) A statement sealed by a landscape architect registered in the State or-PT ri a that indicates that he has prepared the submitted plan and that the intent of this ordinance can effectively e met through the submission of an alternative plan; provided, however, if the pro ect on y encompasses a single ami y res ence w t ane ary alR natural area recto (2) The proposed location of all vege- tation preservation and re lantin s (consisting exc usively of native s ecies a ro ert lines, and a proposed or existing struc- tures, driveways and utility easements; and b) Approval of the plan shall be determined by the Department. The Department shall consider the following factors In evaluating the alternative preservation plan: (1) Whether the proposed plan preserves a portion of the natural forest community. (2) Whether the proposed plan provides or on -site or off -site replanting, including understory replanting. (3) Whether the proposed plan provides for an eguitab a contribution to the Dade County Tree Preservation Trust Fund when the minimum reservation standards of Section 24-60.2(1777 are not met. (II) Specimen Trees Standards. J/ F Amended Alternate Agenda Item No. 2(b) Page No. 18 1. Size and configuration of the property. 2. Size and configuration of any proposed develop- ment. 3. _Location of the tree relative to any proposed development. 4. Whether or not the tree car. be preserved under the proposed plan or any alternative plan. 5. Health, condition and aesthetic qualities of the tree. 6. Whether the tree poses a threat to persons or property. Alternate plans If u on review of the factors enumerated in Section 2 - A the Department determines that a specimen tree cannot reasonably be preserved under the proposed plan, then the applicant shall provide an alternate tan when feasible which shat include preservation o the specimen tree and U-esign alterations consistent with the sco a and intent of the initial - ro osed plan. Alterations consistent with the sco a and Intent of the initial - ro osed plan may nc ude, but shall not be limited to: 1. An adjustment of building orientation on a site. 2. An adjustment of lot lines within a site proposal or more than one lot when said adjustment will not cause an unreasonable loss of usable space. An app cant shall have the burden of proof in the Removal of Specimen Trees If relocation of the specimen tree is not feasible, due to the size, health, location species or any other factor then a permit may be issued for removal, and tree replacement shall be required. Replacement Requirements for Stiecimen Trees - As a condition of the issuance of a tree removal permit for the removal of a specimen, tree, tree replacement requirements shall be twice those specified in Section 2 - 0. C In the event that replacement is not feasible on -site then alternative off -site re lacement sha be required, or, as a last alternative there MI be a contribution to the Dade county-Tree _rust Fund for the full value of the replacement trees. Notwithstanding the above, there shall also be an equitable contribution to the Dade Count • Tree Trust Fund for the irreplaceable loss of the aesthetic and environmental contributions of the specimen tree (s) according to the contribution schedule established by the co o2 County Commissioners_ pursuant to Section (F) Exemptions from Specimen Tree Replacement Amended Alternate Agenda Item ISo. 2 (b) Page No. 15 Requirements - An applicant may be exem t frcm the replacement requirements of Section 24-60.2(11)(E), but subJect to the tree replacement requirements in Section 24- 60.4(I1)(C), under the following circumstances: 1 Uoon submittal of a statement from a 1?ndsca e architect registered in the State of elorida which indicates that a specimen tree, due to disease condition, growth habit or any other reasonable botanical £actor does not provide the aesthetic Sr environmental contribution associated with a specimen tree. s Said statement shall include the specific reason or the claimed exemption from the provisions of Section 2 - 0.0 II . 2. When preservation of the specimen tree would cause a foreseeable risk to property. .When a site contains more than one specimen tree, and 50 or more of the existinS specimen trees and at least 50 of the existing specimen tree canopy area is preserved. Section 11. Section 24 -60.3 of the Code of Metropolitan Dade County is hereby created as follows: Section 24 -60.3. Preliminary review of projects involving tree removal or relocation. The Department shall review and comment on the following actions: any application for zoning relief which requires a u is tie ring before the Dade County 4onIng Appeals oar or the Board or ounty omm ssioners; applications for plat approval; administrative site plan review; applications for approval of develo ment plans by the Developmental impact Committee and the South Florida Regional Planning Councll. proposed plans for new roadways or improvements to highway design projects; proposed plans for new public park and recrea't�ona areas and other ou is ac131ties. .his review required under Section 24 -b0 and whether the following standards. when app cab e, are adhered to: (A) Any proposed action that does not involve specimen trees or development in a natural forest community sh=abe sub ect to the replacement standards in Section 24-60.4. (B) Development within natural forest communities or involving specimen trees: 1. If it is determined that the proposed development site is within a natural forest community or involves removal of a s ecimen tree the standards set forth in Section 2126 0.2 shall apply. Proposed site actions that are not in accordance with said standards shall receive a recommendation of denial from the Department. 2. Notwithstanding anX provision of this Code no count• or municipal officer, agent, employee or board steal 1 aRRrove, grant or issue any building permit, certl-ricate or use and occupancy except for changes in ownership), platting action (final at waiver of at or equivalent municipal platting action ) or zoning action reauiring a public hearing before the Dade County Zoning Appeals Board or the Board of County Commissioners for anv land use involvin¢ division of oronerty 3 Amended Alternate Agenda ::em ,lo. 2 (b) Page No. 20 into parcels less than five (5) acres within natural forest communities without obtaining the prior written recommendation of the DERM or his designee. The LIERM or his designee shai_ issue his written reco:mendation of approval only if the GERM, cr his designee determines that a reservation area a ulvaIent in size to the minimum reservation area re wired or the site under Section 2a- .2 I has been designated orior to the proposed action. Section 12. Section 24 -60.4 of the Code of Metropolitan Dade County is hereby created as follows: Section 24 -60.4. Replacement requirements for tree removal. (I) Tree Replacement Requirements As a condition of the Issuance or a tree removal permit, the permittee s a e required to re lace trees that are authorized to be removed under the provisions of this ordinance. The number of trees and number of s ecies o trees required or re lacement shall be determined accor ng to the procedures contained herein. When the replacement canopy area exceeds ten thousand (10,000) square feet, reRlacement shall be descri e in a lands ca a replacement plan which shall meet the minimum requirements of Section 24-60.4(111), and no tree removal permit shall be issued until said plan has been annr�ove - dv t e enartment. excent as Broviclea in sectioR A) The following are exempt from this Section: 1. All tree removal activities included in Section 2. All tree removal permits affecting natural forest community sites which meet the s ecific reserva- tion requirements of ection .2 A 1 and 2. 3. Trees which have been successfully relocated pursuant to Section 24-60.6.. (B) Natural Forest Community Replacement Requirements: 1. Pursuant to Section 24- 60.2(l)(A)3, tree and understor 're lacement for pineland natural forest communities shall nc u e the following: a. All species 2ropoBed for reRlanting shall be native to Dade County's pine ands. R Amended Alternate Agenda Item No. 2(b) Page No. 21 (c) The diversity of understory and ground cover species crovided shall be maximized to the greatest extent possible based on availabi- lity of materials. (d) An eighty percent (80x) survival rate after one 1 year shall be guaranteed for all ineland natural forest community replacement plantings. 2. As an alternative to Section 24- 60.4(I)(B)l above, a monetary contribution equal to the cost of the re acement ants labor costs for installation an survival rate guarantee costs, may be made to county-owned property or to purchase pinelands preservation purposes. other applications for the removal of trees or er3tory within natural forest communities which t the requirements of ections 2 -60.2 A l or Section —'24b .2(lT sha 1 not require tree or understory replacement. step 3: Determinin required to be plani required for replacem impact and the catego; area. The following to for determining the r trees. Category of Replacement .ree• Shade Tree 1 Shade ree 2 number of replacement trees L tote number of trees shall be based on the area of of replacement tree selected by 3lacement tree shall compensate ree canopX lost in the in pact e shall be used as a standard equired number of replacement Portion of Impact Area that each replacement tree compensates for in square feet: a Amended Alternate Agenda Item No. 2(b) Page No. 22 Palm Tree 1 300 Palm Tree 100 ma ree O Any combination of shade trees Palm trees,_ or small g e ees shall be acc tab a re acement rovided the tots number of trees from a replacement categories compensate for the lost canopy. ?n the event that a replacement tree actually has more canopy covers a at the time o planting than the amount of credit allowed under the tree replacement ormula above. then the covers a provided ty the re lacement tree at the time of planting. The applicant snail submit a list o proposed replacement trees on a form provided by the Department exae t when the total number of replacement trees excee s twenty, and then the applicant steal e required to submit a landscape replacement plan consistent with the provisions of Section 24-60.4(11 I . Proposed replacement Mats or plans are subject to �epartmental approval. The Liepartment shall approve proposed re lacement trees that are consistent with the Stan ar s o ect on 2 - . to Minimum species diversity standards - wh more than ten k 10 trees are required to anted in accordance with the provisions of th Section, a diversity of species shall be require The number of species to be planted shall be bas on the overall number of trees required. ; applicant shall be required to meet the followl minimum diversity standards: Required Number Minimum Number of of Trees Species 11 -20 2 31 Amended Alternate Agenda Item :10. 2(b) Page No. Z3 21 4 or more b Permittees shall not be required to plant in excess of six b s ecies. The number of trees of each species planted shall be proportional to the number of species required. A minimum of 50% of all replacement trees lanted shall be native to ade County. However, when native trees are removed a replacement trees shall be native species. As 'an La ternative to the minimum species diversity required herein. an applicant may propose an alternative species diversity in an alterna- tive (F) Step 6: Minimum standards for replacement trees. 1. All re lacement trees shall have a minimum .quality of a Florida No. 1 grade or I better. 2. The Department shall maintain a list of species or each category of replacement tree. s -st may a amended rom time to time as necessary. Replacement tree heights shall be determined by overall height measured from where t e tree meets the ground to the top -moat branch. (a) All category 1 replacement shade trees snail be a minimum or twelve 12) reet in height at the t-1-m-e-67 =panting and at maturit y should have a canopy coverage 0 0 square feet under normal growing conditions. (b) All category 2_replacement shade trees shall be a minimum of eight feet in height at the time of planting and at matur t should haLe a canopy coverage 0 0 square ME er normal growing conditions. (c) All category 1 replacement palm trees shall have a minimum height of ten 10 feet at the time of lantin and at maturity shoul have a cano covera e 0 300 square eet under normal growing conditions. (d) All _category 2 replacement palm trees shall have a minimum height of three 3 feet at the time of planting and at maturity shou d have a canopy coverage of 100 square feet under normal growing conditions. (e) All replacement small trees shall have a minimum height of six feet at the time of planting and at maturity should have a canopy coverage of 200 square feet under normal growing conditions. L�0 Amended Alternate Agenda item ',o. 2(b) Page No. 24 (A) The number of trees, number of species of trees, and size of trees proposed for planting shall be consistent with Section 24-60.4(11). (B) The applicant shall submit a site plan that 'includes the -,,.-c posed re lacement locations of al re lacement antincs and tree relocations. a ro ert• nes an all prcposed_ and existing -structures, driveways and utility easements. (C) The canopy spread of any tree that is proposed for preservation shall be shown on the plan. Where a portion of the canopy of a tree-- or trees shall be Alternatives to the provisioi 24- b0.4(III) Instead of ursuant to the provisions an applicant ma trees • or propose a unique reasonable assurance that t intent to maintain tree canoe (A) Alternative Landscape Er an exce tion to th 2 - .4 , and in orde exceptional or unique . of the trees, a notation s is of Sections 24- 60.4(II) o relocate e cement elan - requirements orovidee rFr meet the ex ress terms of Section 24- 60.4(II) an a0l3licant maY submit an alternative landsca a enhance- ment an. s an alternative to the requirements in - Section , tree replacement credit may be ranted or anting shrubs r o round covers based upon the following table, rovi ed however, that a minimum of fifty percent 0 of the required canopy replacement is achieved by usin shade trees and palm trees as required by Section 2 - C . Cate5ory of Tree Alternative Portion of Impact Area Shrub or around Cover: that each tree alter- native shrub, or ground cover compensates for in square feet: Shrub 1 (including small alms) 60 Shrub 2 0round.Cover 30 1. All category 1 tree alternative shrubs shall be a minimum of two 2 feet in height at the time of �antlnx and at maturity should have a canopy coverage of square feet under normal growing conditions. 2. All category 2 tree alternative shrubs or ground covers shall have a root system sufficient to sustain growth and at maturity should have a canopy coverage of 10 - 2 square feet under -n-o-r-m—al growing conditions. The applicant shall have the burden of demonstrating that a design meets the intent of this ordinance. At a minimum an alternative —landscape enhancement plan shall 'include without imitation: 1. A statement re ared b a landscape architect re stere _n the state or Florida, which Indicates that the intent of this ordinance can be 77—fectively met throu h the submission of :he alternative design; andp 2. A site plan, prepared by a landscape architect Amended Alternate Agenda Item No. 2(b) Page No. 25 registered in the State of Florida, that includes the proposed location, scientific name or description of all vegetation to be preserved or planted, _all _p_roperty lines, and all proposed or existing structures, riyeways and ut'i'lity easements: and 3. A tabulation that identifies an deviations from the requirements o ection 2 - 0. and explicitly provides tree replacement alternatives. (C) The Department shall approve an alternative landscape enhancement plan when: 1. The design preserves and incorporates existing vegetation; an 2. The design exceeds the minimum requirements or e u va ent of ection (0) Preservation credit for relocated trees - Permittees who s� u�u relocate trees shall receive full credit for t e -r-elocated trees and the tree replacement requirements herein shall not apply to such relocated trees. All relocated trees shall meet the standards set .orth in Section 13, Section 24 -60.5 of the Code of Metropolitan Dade County is hereby created as follows: Sec. 24 -60.5. Tree Protection Requirements During Construction.. (I) During site development, protection requirements for trees designated for preservation under an approved tree removal permit be placed around each tree rotected tree cluster or reservation area unless a lesser stance is specified by the Department. Protective barriers shall be a minimum of our feet above ground level and sball be constructed of wood lastic or metal and shall remain in place until development is completed and the Department has authorized their removal. Protective barriers shall be in place prior to the start of any construction. (B) Understory plants within protective barriers shall be protected. (C) No excess soil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers, nor shall there be disposal of any waste material such as oalnts. oils. solvents, asphalt, concrete, mortar or any otner material harmful to trees or understory plants within the areas surrounded by protective barriers. D) Trees shall be braced in such a fashion as to not scar_,_ penetrate, perforate or otherwise inflict damage to :::e tree. E) Natural grade shall be maintained within protective barri- ers. in the event that the natural grade of the site is changed as a result of site development such that the safety /" Amended Alternate Agenda item NO- 2 (h Page No. 26 (F) Underground utility lines shall be placed outside the areas surrounded by _ protective barriers. if said placement is not possible, disturbance shall be minimized tti using techniques such as tunnelling or overhead utility lines. (G) Fences and walls shall be constructed tc avoid disturbance to ar. protected tree.. Post holes and trenches located close to trees sha be dug by nand and adjusted as necessary, using techniques such as discontinuous footings, to avoid damage to major roots. II. Exce tions to the provisions of Section 24-60.5(1) - Exceptions to the requirements of Section 24-60-757-17 shall be approved only when the permittee receives specific written authorization from the DERM or his-designee. The DERM or his designee shall not Issue his written approval unless the DERM or his designee deter- mines that the affected tree (s) car. be adeguately protected without meeting the requirements o 24-60.5(l), or due to exce t ona c rcumstances t is not practical or reasonable to meet the requirements of Section 24-60.5(l). _III_. _Noncompliance_ -_ If the requirements of Section 24 -60.5 (l)(A ) through 0 are not adhered to by the permittee and the trees are ';ffectively destro•ed then all such trees shall be re laced according to the stan ar s o ection in addition to being suOJect to the penalty pro-Mion3 of ect ons 24-55, 24-56 and 2 -57 of the Code of Metropolitan Dade County. Section 14. Section 24 -60.6 of the Code of Metropolitan Dade County is hereby created as follows: Sec. 24 -60.6. Tree relocation standards. Tree relocation standards - The relocation of anx tree that is subject to the provisions of this or nanee shall be consistent with the following minimum standards: (A) Trees other than palms: 2. After root severing, ade prior to replanting to ens A ter root severing and p shall be watered a minim wee uate time shall be allowed ure survival of the tree(s). rior to relocation, tree (s) um of twice weekly. After e watered a minimum of twice e established. tation of the tree the root .ons o the tree shall be win or injury._ 4. Any tree that dies or becomes nonviable within one year of relocation shall be replaced according to the standards set forth in Section - 0. L . (H) Palms: 1. A ball of earth at least one foot from the base of the tree shall be move with the tree. 2. Fronds shall be securely tied around the bud prior to relocation and shall remain securely tied around the bud during the entire relocation process and for a minimum of one week after relocation. q3 Amended Alternate Agenda Item No. 2R Page No. 27 3. The bud shall be protected from damage or inlury during relocation. 4. Any Palm that dies or becomes nonviable within cne year of relocation shall be replaced according to the Section 15. Section 24 -60.7 of the Code of Metropolitan Dade County is hereby created as follows: Sec. 24 -60.7. Permit issuance confirmation of Natural Forest Community Ma2s, existing permits, approvals and Consent Agreements. (I) The Department shall deny an application, or approve an application an Issue a perm t subject to con Lions, limitations or restrictions), for the activity proposed under the Permit application, provided: (A) The required application fee and permit fee is submitted to Metropolitan Dade County. (B) A performance bond, if required, has been posted - As a condition of ssu ng a tree removal permit, the Department mmmay re ulre the posting of a performance bond to guarantee compliance with all other con tons imitations and restrictions of the tree removal permit the permitted activit including, without limitation planting of all re u red re acement trees. The bond shall be equivalent to one hundred 1 percent of the estimated cost of the ermitted activity and may be in the form of a Letter of Credit, Surety, Cash, or Certificate of eposit. All performance bonds shall remain in force for a minimum of either one year after the actual completion date of the permitted activity to ensure that anZ rep lanted trees which perish are re ace or unt v a t of all replanted trees has been achieved whichever occurs last. However, at the discretion o the DERM or his desirnee_ Performance (C) All required Rlans or covenants are submitted and are in compliance with the standards herein. All permits shall clearly soecifv all conditions, limitations and snail acxnowleage tnat ne rully understands and agrees to comply with all said conditions. limitations or restrictions by signing (IV) The Natural Forest Community Mans approved by the Board of Count•: Commissioners an December 12, 1984, by Resolution yo. 1764 -6u, all tree removal oerMi ts issued pursuant to Chapter 2 B Department approvals, and all Consent Agreements executed in order to resolve alle ed violations of Chapter 26B of the Code of Metropolitan Dade County, Florida, are hereby confirmed and snall remain in full force and effect, and all conditions, restrictions and limitations contained therein shall continue to_apply, and compliance therewith shall be enforceable pursuant to the provisions of this chapter. Section 16. Section 24 -60.8 of the Code of Metropolitan Dade County is hereby created as follows: 17 Amended Alternate Agenda Item No. 2(b) Page :;o. 28 Sec. 24 -60.8. Tree Trust ?und and Tree and ?crest Resources Advisory Committee. Creation of the Tree Trust Fund - There is hereby created a Tree Trust Fund, the purpose of which 1s to accuire, protect and maintain natural forest communities in Dade Ccunty and to -.!ant trees on pubic property. Creation of the Tree and Forest Resources Advisory Committee - .e Tree and Forest Resources Advisory Committee is hereby established for the purpose of providing the oard of County Commissioners with recommendations reeardin¢ the Tree Trust ?und. e ,f office and organ .ce of all appointe ire at the same t m ee shall be as rol ed for a term of or anted for a term o shall be a olnti ments to fil any ialnder of the unexi serve witnout. compensation necessary expenses incurred official duties, in accord approval of the County Manage shall a necessary to take shall constitute a quorum. Meetin s and authority - The 0 one 1 publicly-advert committee shall have the au to the Board of Count Comm relating to the :ree rust have the authority to mak regarding epartmenta poi c and shall review and a ro form which the epartment s forest communities. In committee shall have the au to the environmental qua variance requests made puts forest community site addit tion - In order that the terms members of the committee shall the n t a a ointments to the a: seven members sha= be ear and six members shall :wo ears. Thereafter, all or a term o two 2 ears. aney on the board shall be for ed term of office. The members ct a chairman and such other cessary or desirable, who shall oard. Appointed members shall but shall be reimbursed for in the per ormance o :heir ance with County policy, upon r. A ma orit vote of a cuorum any act on. even memoers committee shall hold a minimum 'ised meeting per year. The thority to make recommendations issioners concerning an matter Fund. a committee shall also e recommendations to the ]ER.M ies relating to this ordinance, ve the evaluation ha use for evaluating natural addition u on request, -he thority to make recommendations lity control board concerning uant to this ordinance, natural ions or deletions and natural .ne modifications being oroocsed y Amended Alternate Agenda Item ::o. 2 (b) Page No. 29 (.-II)Disbursement and Maintenance of the Tree Trust Fund - Monies obtained for the Tree Trust Fund shall be disbursed for the acquisition, maintenance, management and protection of natural forest communities, or for planting trees on o_ubl'_c ro ertj . Such monies may be used as a matching fund contribution towards the ac uisit on of natural forest communities in Dade County in association with other public land ac uisition programs, such as but not limited to the State of Florida. Conservation and Recreational Lands Trust Fund. Said trust fund shall be kept and maintained in trust by the oard or 'd—ounty Commissioners solely for the ur oses set forth in this ect on in a separate an segregate d un o the ount which shall not be commin a with other count unds unti disbursed or an authorized purpose pursuant to th s Section. Disbursement from the Tree Trust Fund shall require approval by -resolution of the Board ounty Commissioners. provided. however. that any the necessi.t or a roval a ro riation or action or an Kina b the oard of Count Commissioners. rior to a rovin disbursements the Board of Countx Commissioners shall consider t e recommendations of the County Manager and the Tree and Forest esources v sory Committee. The County manager, prior to making any such recommendations, shall consider the rec- ommendations of the Department pertaining to the proposed disbursement(s) ffor—the—acquisition of natural forest communities or lanting or trees .on,* public property.. The, f rn-ance -rector is hereby authorized to eata sh•t a ree Trust Fund and to receive and .disburse monies in accordance- with t e rovisions, of this Section. (TV) Sources of monies for the Tree Trust Fund - Said Tree Trust _Fund shall consist of the following monies: (C) _ Contributions in lieu of, or in conjunction with, the replacement planting provisions of Section 24-60.4(11). The Department shall collect funds designated for the Free Trust Fund when the replacement planting requirements of Section 24-60.4(11) cannot be met, and in accordance with Section 24-60.2 I E). I T_nterest. Unless otherwise restricted by the terms and conditions of a particular grant, gift, appropriation or 'a location, all interest earned by the investment of all monies in the Tree Trust Fund shall be disbursed by resolution of the Board of County Commissioners for any project authorized consistent with Section 2 - 0. . .rust fund monies shall be Invested only in accordance with the laws pertaining to .he investment of county funds. I) Decisions to grant or deny tree removal ermits shall be made without Consideration o the existence o this fund or of.ers 0 Amended Alternate Agenda Item NO. 2(b) Page No. 30 Section 17. Section 24 -60.9 of the Code of Metropolitan Oade County is created as follows: Sec. 24 -60.9. Permit fees - Schedule. .he Dade County Department of Environmental Resources Management shall charge and collect application and permit fees and trust fund contributions at the rates established by se orate administrative order which shall not become of ective until approved by the Board of County Commissioners. ,applications frcm government agencies for tree removals in areas dedicated to oub Ic use may. in the discretion of the Lon be exenDted from Section 18. Ordinance No. 88 -95 of the Code of Metropolitan Dade County, Florida, adopted October 4, 1988, is hereby repealed in its entirety. Section 19. If any section, subsection, sentence, clause or provis on or this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 20. It. is the intention of the Hoard of County Commis- sioners, and it is hereby ordained, that the provisions of this ordinance shall become. and-be made a part of the Code of Metropolitan Dade. County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. Section 21. This ordinance shall become effective ten (10) days after the date of its enactment. PASSED AND ADOPTED: FEE 21 )!q Approved by County Attorney as to form and legal sufficiency. 2AG Prepared by.: r-/— 79 STATE OF FLORIDA) COUNTY OF DADE ) I, RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dade County, Florida, and Ex- Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of ORDINANCE OR SECTION (s) of CODE of Dade County, Florida, as appears of record. 1. ORDINANCE NO. gg_g , adopted by the said Board of County Commissioners at its meeting held on February 21 ,19 89. The effective date of this ORDINANCE is: Ten (101 days after the date of its enactment. 2. SECTION(s) of CODE of Dade County, Florida. SAID SECTION(s) are /were,•.in full force and effect as of: IN WITNESS WHEREOF, I'have hereunto set my hand and official seal on this 1St _day of March A. D. 19_V_. SEAL OPQ; O 2 COUNTY m ; 00 0 0 P t •J 1 RICHARD P. BRINKER, Ex- Officio Clerk Board of C unty Commissioners Dade Coin, Florida _ / Depu y' ClepC „ BOARD OF COUNTY COMMISSIONERS DADE COUNTY, FLORIDA 79 A_ T7 cl�=TY (OF SOUTH M=AM:E INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: liam ./Hampton City Manager N Background Date: April 15, 1994 Re: 4/19/94 Commission Agenda - Item ##8 Fund Raising - Sale Of Food to General Public By Churches, Synagogues, Mosques and Temples on Outside Grounds As reported previously a citizen complained that a church was illegally selling food to the general public from its outside grounds. We determined that our code did not permit churches, synagogues, mosques and temples to sell food to the general public from outside grounds. The church involved voluntarily ceased sales. The attached Ordinance permits churches, synagogues, mosques and temples to have fund raising sales of food to the general public from their outside grounds. Further, the Ordinance requires each church, synagogue, mosque and temple to obtain a three day $25 temporary permit from the Health Department when holding such sales. This Ordinance leaves the regulation of any food sale activities inside churches, synagogues, mosques and temples exclusively with Dade County and the Health Department where such regulation has always been. Recommendation: 1. Advantaae to Citv: churches, synagogues, fund raising purposes South Miami when said and temples obtain a Health Department. Public sale of food from mosques and temples grounds for will clearly be permitted in churches, synagogues, mosques temporary $25 permit from the 2. Disadvantages to City: None 3. Staff recommends adoption of the Ordinance. 4. This Ordinance refers to chapter 10D -B of the Florida Administrative code and Article I, Section 14B -11 of the Dade County Code. J RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA REGARDING SERVICE OF FOOD AND NON - ALCOHOLIC BEVERAGES DURING FUND - RAISING EVENTS BY CHURCHES, SYNAGOGUES, MOSQUES, AND TEMPLES. WHEREAS, sponsoring fund - raising events is part of the traditional charitable, community functions of churches, synagogues, mosques, and temples; WHEREAS, service of food and non - alcoholic beverages is a traditional and desirable function during such fund - raising events; WHEREAS, Chapter 1OD -13 of the Florida Administrative Code and Article I, Section 14B -1.1, et seq. of the Metropolitan Dade County Code establishes minimum standards for hygiene for public food service establishments, and provide for permits for temporary food service, and for enforcement; and, WHEREAS, it is desirable for the Mayor and the City Commission to state the city's policy regarding enforcement of Chapter 1OD -13 of the Florida Administrative Code and Article I, Section 14B -11, et seq. of the Dade County code. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Churches, synagogues, mosques, and temples shall meet the applicable minimum standards for hygiene for public food service establishments established in Chapter 1OD -13 of the Florida Administrative Code and Article I, Section 14B -11, et seq. of the Metropolitan Dade County Code. Section 2. It shall be the code enforcement responsibility of the city to determine that churches, synagogues, mosques, and temples have secured a temporary food service permit from the Dade County Department of Health or the state Division of Health -when food and beverages are advertised outdoors for public consumption. Section 3. If, upon personal inspection, a code inspector finds food hygiene violations the inspector shall report the violations to the Director of the Dade County Department of Public Health pursuant to Section 14B -16 of the Dade County code. 7 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY church.res day of , 1994 APPROVED: MAYOR y SENT BY: cN 4 -14 -94 ;12:14PM ; BAILEY HUNT4(305) 663 -6345 ;h 4 V.. 31 P. 741 FOOD HYGMNE IOD -13= cosi ,Wtiaul or has •a utility co,mnection that disc.onatects quickly; or has a flexlbk utility connection line of sufficient length to permit -the equipment to. be moved for meaning of the urn. (14) "Employee" — Any person working In or for* a food service establishment who angages in food preparation or selviM.who transpwu food or food of mainers, or who comma In contact with any utensil or equipment. (ta) "Eguiptnent" All stovers, ranges, hood., meatbloeb, . tables, counters, - cabinets, ttefklprators, ..freezers, ' sinks, dishwashing machines, steam tables and datilar items, • bier'' tban utensi* nsod irk the operation of a food garners establishment. 1 .(16) "Extensively remodeled". — For the purpose of this • Chapter, . the tam Outopeively remodeled weans structural ohanges.to an existing ortablishmaat which coats is exom of St) percxnt of the asneved value of the facility as determined by the county pr4erty appmlser. (17) "Fbwd -food establishment" — A food service establishment 4blab operates at a specific location and is cann+a.W to electrical.' water; .and sewage disposal - systems. (18) "Food" — Any raw,. cooked or promised in ible substance, ice,. beverage or Ingredient used or intended for use in whole, or in part, for human ooaawmptioa. '(19) "Food - contact surfaoa" — Surfam. of equipment find ut" with which food normally ogames m contact, and those surfaces from which food may drains, drip or splash back onto surfitcos normally In ==wt with food. ' (20) "Food ' service establishment" -- Any &W ft as described in this detlnitkon, where food is prepared and. intended for individual portion aervioe, and includes the site at which-individual portions are provided. The terns includes nay such facility ragerdlesa of whether consumption is on or off the premises and n* dim of wh6iha tbere h a charge for the food. The term' Includes detention facilities, child Caro facilities, schools, iustitntiomr, civic or • fraternal. dorganisattians and bats and lounges. The term does not include paivate homes where food is prepared or served for - individual family consumption; nor does. the term include churches, synapgna, or ' other not - for- y"firt rellgiaus arganiaatbm as ' long as ' ' theca crganhatiow serve only their members and pub And do not advntiss food or drink for public, consumption, or any facdlity';:or establishment pe mittad or llcsaeW,' under Chapter. Soo or Chapter 309, M; nor does the term incfade any theater, If the primary use is as a theater and if patron sa, is limited to food Items customarily served. to the admitton of -thaters,. such as popcorn, hot dcg.s; soft drinks, .nachos and'cbeae, and pre-packaged sank Items. . (21) "Frozen food" — Any item of food or food product hooded for human consumption which boea•proeosvmd >�! freo:inig, . (22) ,`Y3arbae" — 'Food yasto Eenerated ca savage premises that is not disposed of Omagh the vage disposal system. The term also includes solid waste such sa discarded containers or wrappers that are contaminated with food waste, ,(23) "Hermetically'. sealed . container " — A container de aped and intended to be secure against the entry of microorgaaisms to maintain the commaraal sterility of its. oontonts after P►'ocasiag. ' (24), "Hot water" -- For the purpoaa of this chapter, hot water means a water temperature of 100 degrees Fahrenheit or above. • (25) "Indirect waste connection" -- An. indirect waste coanwAion. is a .liquid waste pipe that is connected with the sawmv system thmpah an= gap or air break, (26) - "Kitchcowara" All multi -use utensils other than-tableware. (27)' "Limited food service establishment- Any establish mat with a food service operuim, so limited by the typo and quantity foods prepared and the equipment ululated; that it poses a leaser dope of risk to the public`s health, and, for the purpose of fear, roqub= loan time to monitor. The term includes small seasonally. operated coroessiors ataads at schools, satellite Idtahens that dispense catered meals and s�im"s facilities. (28) "Manager" — An individual who has direct Authority, control or ►upeavWM over employees engaged in the storage, preparation, .display and serving of food to the public (29) "Meat" Food which is intended for human consumption and is dertred or pmpared, in whole or is part, from animal tisane, camp* such articles which are only used formediaimal purpoaos and are used by the modlassl or allied p vftssiions. (30) "Miebrrtnded" -- Food shall be oomaldared to be misbranded: ' (a) If in packaged form it lades • a lat6l containing the name and place of basins of the manufacturer, packer, or disuiWton or an accurate statement of the contents; or .(b) If it is offend for sale under the name of another food; or (c) If it purports to be or Is ropreterited as a food 'for which a definition and standard of Identity has been prescribed and it is not. (3 1) "Nonfood;-contact surface" Exposed surfaces of .equipment otter than food.aontact . surfaod. - .. ' '- (32) "Operator" - Ashy individual, association, public b� ypriva � eagaQged In the stora ja, ' preparation, display, or =Mng • of food to the public. This torn also induda the owner.. operator, ' keeper, proprietor, hence, a:alstant `-'-' —"/- -1 agent, or empkurM of a food aorioo establishment. . (33) . "$adzgodl • -- Items that are bottled, canned, cartoned, bagged, or securely wrapped. (34). "Perishable food" —Any food of such type . or in. such cvnditien as may spoil; that floods whidr are in hermetically MW COaprlaora processed: by beat at other means to praysmt spoilage aW icy packsgod, dehydatad, dry or. powder ed foods so iow in moisture coeatent as to I in1�Mill nn lITY 1 I i I -,--- - ,,...�...' -�• SENT BY: 4-14-94 ;12:15PM BAILEY HUNT - x(305) 663-6345 FOOD AND rWD SERV= ZUABL1WWWM ARTICLE LINGENERAL !' 14B-1-44•10. RawrVOL ARTICLE IL NmvnWM STANDARDS OF ]jyGUW FOR PUBLIC FOOD SERVICE Ow. 10-11. Purpo• The purpose of this arddi ii -to thither Protect the health, safety, .and. general wedwe of the con- suniing public in food service,establishmeats.in Dade County, Vlorid& (Ord. No. 78.60, k-1, 64-78) Sao. 14B•12, DeftafflaC& Sm 14B•8. Permit requbed. No person, firm or•corporation shall operate a public -food service establishment within Dade County, Florida; without first obtaining and main• tainin8 a valid permit or written approval from the Dade County-Dopartnioht of Public Health or State. Division of Health. SuCh Pmnii5 BW be wn* mo udy &splayed'and shall be issued only - iftw inspft*i n of the pzwniw of such public food .ervic.e.tabHshment by a do ly authorised repro- sentati*e of tile' D" Cdunty Dep�meat- of Health*,- If wish inspection reveals that'the public food service establiihinent is' is violation of County •health ordinances or statutes-of the State of Florida, or ar► regulation of the Division bf Health of the Department of Health and Rehabilitative ' Services, such pirndtx *hall not be issued until the violation is owfttod- Tba- provixions,.Of this section iha,11 not' be w plicable until October 1, 1978: rA (a) For the puqvm of this article; the term (n mn 7-q.60 Ca 6.6-73) • ,•public food service establishment" is defined Sm 148A8.1. Fe" herebY. to mean emy'buffftig. or portion :of a. The following 'fees shall be charged -and Col- buildifig,'vehicle (mototized or noumotOrizOA', le cted. by the Dade County Department of Public wagon or mabdo fwd uj* that is maintained,and H"Ith for, inspection,. permitting and certifiew. operated u a place, whore food "or drink is flan as provided ibr in th#s, art}c1e: rqplaay served an&or sold to the pubKa .establishments lbr human consumption, kaluffing, but not lim. (a) Food ited* azwre4ascat, c%6tsr* lubchroom, lunch, (restauxants)". counter Or sods finintain, fiod'servim establish- 0-80 mate ................. $.25.00 ment, foid.procensing0lant,or food outlet;. Far the purpogag of this. awwiml, the phram "food service establishment," 11jbbd pm6moingplant".and "food outlet" mean and include tho." establishments Gn similarly deflited•in Ch%*n 10D.18, IOD-1 and 1M15, Florida Ad-4-4'stndye Code, (b) - For the Purposes of this articles, the term Idtchm' I islleflued hereby to mean the orea of a public food service estahmshment.where food is• prepared or cooked or stand for futam Prepare tion or cooking. (e).' For the - purposes of this: ardc* the terms. Uspodis and #4in4pOCejoeare defined hereby to mam open to the view of authorized persons, at any time -daring wa*ing hours. `UvecdW in chides the &MHiy to phat%sa�t' th's kiteb an area. (brd• No..7340, 12, 6-6.78; Orel. No. 7• 0 1, 31-60 seats ................. Over 60 seats ....... 25.00 (b) Grooerin and meat markets 25.00 (c) Mobile food services units 25.00 (a) Temporary thodservice ....... 25.00 (e) Take out food service (no seats) 25,00 (f). Food proceming plants ...... . 25.00 (g) . Public wboWs and public in- - sdtL&tjjons# .............. No rem (h).. Certifiesticn of f6cd for expert 50.0.0 (Ord. No. 76-72, #40 7-20-78) Sao. 148.14L TrinOw of Permits. No public food- servico establishment permit shall be tranxfi=vWQ hvjn aneL{1) person, firm or 2123 11 1116-1 1 11 f I --I f ti SENT BY: ; 4 -14 -94 ;12 :16PM ; i 18.14 =8 COUN'l'Y CODE corporation until representatives of the Dade County Department of Public Health are notitled. (Ord. No. 7960, 0 4, 6 -b.78) Sao. 1413 -IL Approval of enema. . No construction, eadenzian or alteration of a public food service establishment sha lI take place before the owner and operator have submitted c6m• Plata plans for said • establishment ehoaing ex- iatf69 and proposed *Mut and'" puns. have reosived written approval by the Dade County De. parttneut of -Public ,Health. (Ord. No. 7M0, if $, 6 -E-78i Sec. 1413-16. linforosmaeeat. It shall bo the responsibility of the Director. of the Dade Co Department of Public Reath or his rep ==taative to onforce the prav%efoae of this article throughout the entire county. (Ord. No. 7&80, 10, 6.&73) 8eo. 14H -17. RevoaAgan 13t' ermits. The'Daade County Department of Public Health shall make inspeoti of all public food service establishmenM within Dads County and should it be determined that a violation of may provision of any State statute, regulation adopted thereunder or Dade County orftanoe is being maintained therein, said Department of Public Health shall, Siva the owner Or .operator of such food eetablish- went rsa isorable lima by official notim, within which to correct such violation. Should the violation continue bWond the time specified within the ofl'lcial notice,• the said public fbod ssrviot eeteblishmeat permit maybe remaked by the Department of public H%gth. The Diieetor of the Department of public Health or *his deputy appointed-hr such purpose shu'S.be the hearing oX*w to .conduct •a hearing on revoeatiata of the permit. Ud hearing shall' be hold after tau (1d) days' nodoe in w►ntWq to the owner or operator, a sved b re&t@zW Or oetifled mail., (Ord. No, 78-6o, iI 7, B.6 M BAILEY HUNT4(305) 663 -6345 ;# 6 See. 14&18. -Power to oloee. Il' in the opinion'of the Director of the Health' Department and.the County-Manager or bier des• ignee following either inspection or hearing 92 set forth in Section 14 &17 above, conditions of a food establishment represent an immediate threat to the life'or health of the: patrons and/or employees because of conditions having to do with :.. (a) • Source of food supply; {b) Wholesomeness of food; (c) Food a torags,practices; (d) Temperatures at which foods are stored; (e) Preparation of food;. M Displs ► and serving of food; (8J Reuse of food; (h) Fadstence of toxic materials; W Dishwaahing facilities;. (j) Presence of disease in personnel; W Presence of vermin; (1) Contaminated water; (m) Disposal of garbage and refuse; (n) Sewage facilities; and such conditions canijot' be immediately rem. edisd or the proprietor refuses to remedy the Con• ditions: immediately, the establishment shall be ordered to close by action of the Health Depart. meat. The establishment shall retrain closed until the condition or conditions which caused the do- sure.no longer exist. (Ord. No. 78.60, $ 8, 6.6.73) .0ec. 148.18. Penalties wind rearediss. Any person violating any provision of this ar. title shall be deemed griliy of a violation and punished as provided by law. it such violation be continuing, each dab's violation' shall be- a sepw rate offense. The violation of a" of the provisions of this article may also be "A teid by i*tiietion, including a dory i4unction. {Ord. No. 78-60, $.f3, 6.6.73) 2124 . >s ^Ill'11 I I''�ii' II lill�I I ll• I II I I 1 11 i ...- ..�.�....e1�i�nuni To: From: - r=r= (DIP SOUTH M2AM= ® INTER - OFFICE MEMORANDUM Mayor and City Commission Date: April 29, 1994 Ad/ .illia H on Re:5/3/94 Commission Agenda - City Ma ger Item #6 Exemption of Historic Cuban Tile From Product Control & Testing Requirements of So. FL Building Code Background: A tile known as Cuban Tile was used for roofs in Dade County during early 1900's. The State Division of Historical Resources and Dade Heritage Trust have endorsed this type of roofing used in our early days as Historical Cuban Tile. To reuse the old Cuban Tile for re- roofing on new roofs is not currently permitted by the South Florida Building Code requirements for product control and testing. Accordingly, the attached Resolution urges the County Commission to exempt Historic Cuban Tile from the product control and testing requirements of the South Florida Building Code. Recommendation: 1. Advantage to City: Historic Cuban Tile may be used on roofs in the City if the South Florida Building Code is amended. 2. Disadvantages to city: None 3. This Resolution is sponsored by request. 4. This Resolution would, if adopted by Dade County, amend Chapter 34 of the South Florida Building Code. WFH:er rcubawk RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE DADE COUNTY COMMISSION TO AMEND THE SOUTH FLORIDA BUILDING CODE TO EXEMPT HISTORIC CUBAN TILE FROM THE TESTING AND PRODUCT CONTROL REQUIREMENTS OF THE CODE FOR STRUCTURES WHICH HAD THIS HISTORIC MATERIAL APPLIED WHEN ORIGINALLY CONSTRUCTED AND TO OTHERWISE GENERALLY ENCOURAGE ITS SALVAGE AND REAPPLICATION TO SUCH STRUCTURES; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION AND TO COMMUNICATE THE POSITION OF THE CITY TO THE DADE COUNTY MANAGER AND MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS. WHEREAS, roof treatment represents one of he most significant character - defining features of the Mediterranean Revival Style of architecture which was so popular in South Florida during the 1920's and 19301s; and WHEREAS, original builders and architects in South Florida utilized antique, hand -made, clay barrel tile which, as recently reported by the Miami Herald has been historically documented to be almost three centuries old; and WHEREAS, in the aftermath of Hurricane Andrew and the availability of insurance proceeds, many unknowledgable owners and contractors are tragically discarding and replacing historic cuban tile without any consideration for salvage and reapplication; and WHEREAS, except in buildings specifically designated "historic" as defined in 104.10 of the South Florida Building Code, owners of structures which are historic but not designated as such, who would otherwise wish to salvage and reapply historic cuban tile and technically unable to do so because of the testing and product control requirements for roof tile contained in Chapter 34 of the South Florida Building Code which does not provide for exceptions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 The City of South Miami City Commission hereby urges the Dade County Commission to amend the South Florida Building Coded to exempt historic Cuban tile from the product control and testing requirements of said Code and to encourage the salvage and reapplication of such tile for structures which were originally constructed with this material. 1 R. Section 2. The City Clerk is hereby directed to forward a copy of this resolution which communicates the position of this Commission to the Dade County manager and to the individual members of the Dade County Commission. PASSED AND ADOPTED this ATTEST: ROSEMARY WASCURA, CITY CLERK READ AND APPROVED AS TO FORM: EARL GALLOP, CITY ATTORNEY 2 day of , 1994. APPROVED; NEIL CARVER, MAYOR April 5, 1994 Dade County Board of Metro -Dade Center 111 NW First Street Suite 220 Miami, Florida 33128 FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building 500 South Bronough Tallahassee. Florida 32399 -o25o Directoi s Office Telecopier Number (FAX) (904) 488-1480 (904) 488 -3353 County Commissioners Re: Reuse of Antique Cuban /Spanish Roof Tile on Structures which Bore This Material When Originally Built Dear Commissioners: I am writing to confirm the support of this office for the philosophy and execution of salvaging and reusing antique roof tiles on historic buildings. These tiles, which were brought to South Florida from Cuba in the formative period of Dade and Broward Counties have long served as substantial roof covering and can be expected: to continue to do so. Historic preservation is founded on the principal that historic building fabric can and should be retained in the process of building rehabilitation. Indeed, we define rehabilitation "as the process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions and - features of the property which are significant to its historic, architectural and cultural values." The Secretary of the Interior's Standagdg for Rehabilitation and Guidelines for Rehabilitaj;ing Historic Buildings which is the national guide for these matters, states in its introduction, In -terms of specific project work, preservation of the building and its historic character is based on the assumption that (1) the historic materials and features and their unique craftsmanship are of primary importance and that (2), in consequence they will be retained, protected, and repaired in the process of rehabilitation to the greatest extent possible, not removed and replaced with materials and features which appear to be historic, but which are - in fact - new. The tiles in question, therefore, from the historic preservation standpoint, should be reused as often as possible in the re- roQfing of 6 Archaeological Research Florida Folklife Proorarns Fiktnric Prrcrrvation Museurn of Florida Hictory Dade County Board of County Commissioners April 5, 1994 Page two buildings previously . em2loying them as a covering. We support the use of stringent application methods to insure their stability during high winds. We believe it important to note the small failure rate of these tiles during hurricane Andrew due to their superior qualities. In sum, we urge all of those who are reviewing the decision as to whether to consider the reuse of these antique tiles appropriate, to give considerable weight to their past performance and to the aforesaid preservation philosophy, which encourages the retention of original materials. very truly yours, Walter S. Marder, AIA Preservation Architect !oric Preservation Center Southeast 121h Terrace mi. Florida 33131 mc,. 305 / 356 -9572 SUBJECT• .: 305 / 358.1162 TITLE• ►44 E'KE'S . ;dell 0Ylh l.. %kltall RESVLI' ED: � ire Nr,.welst 'b A. 1.h8tllY ,ke 1're�iienl nanwT.-w .urer .111 D. I a Roue darn YGrrenll;a 'til' }tF_S lrrinlnna „f 1S, Canrwr Nhv ricitl. 11.111 H01.. H]Mdlan nh L. Hmdoo Jattlt+s t Jahrl,oa e Jude 10, l0kawn ryl I i veuy t McnJel v moo? fh1K MMilias � Pardo ,cite Cwdc �aarcl Ralph qKt Swn h Nnsa .) Tiluholan VISORS leal An11r1XKwn n Aoddiha inch cl my n Ounion th ratan .ph Z Firming I (:rove nard Clod" sward Klenberg ,ey L4ttnull Jay Mathew. ky Raper Sfutkov •a Madre Marks Heniumiee Reid .uld q. Slonkit ll :n u¢Uh'1onl ra Valdes•FaoH rr Re,wlsiait FosW -+dtnl ;hael Maxwell 1tL+SOLU7I0IN Historic Clay Tile Roofs "Resolution to Amend the South Florida Building Code to Permit the Salvage and Reapplication of Historic Cuban Tile by Exempting it from the Product Control and Testing Requirement Currently Imposed on All Roofing Materials" Passed Unanimously, at a Specially Called Meeting of the Executive Board, March 25, 1994 DADE HERITAGE TRUST, INC., a not - for-profit organization, chartered in the State of Florida, inter its hands of its President, Elizabeth L. Metcalft, hereby resolves that: A meeting of its Executive Board of Trustees of said corporation was held on 25th day of March , 1994, to consider the following resolution to wit: BE IT RESOLVED: The official position of Dade Heritage Trust regarding the above subject is as follows: 1. Dade Heritage Trust, Inc., supports and endorses the proposed ordinance (attached) dated 3!21/94 to amend the South Florida Building Code relating to the salvage and reinstallation of historic Cuban file roofs. 2. Further, the Dade Heritage Trust urges the support of all governmental agencies, bodies, and jurisdictions subject to such code to adopt this proposed amendment, and will participate in activities, presentations, and solicitations that may be required to implement its adoption by such entities. 3. Dade Heritage Trust commends the leadership and initiative taken by the Miami Shores Neighborhood Association in the development, promotion and adoption of this amendment and offers its full and complete assistance in the activities and efforts required for its adoption. THIS MOTION, duly made and seconded, IN WITNESS WHEREOF, I have hereunto this 25th day of March . 1994. -t Pre+ldml hurl W. Bcernaa /) JJ tc b" quite Yubrolgrh L .Weal r*mw Elizabeth L. Metcalf, President anaret C. Cook F%40' was approved by a vote of UNANIMOUSLY set my hand in Miami, Dade County, Florida, on O Jody Ve gia, Secr To: Honorable Date: March 21, Page: 2 Mayor and Msmbsrs of the 1994 6,z City C v built. Under its current provisions, a.li roofing materials, without exception, are subject to product control and testing requirements. Cuban tile, however, has more than amply proven itself over the test of time, and is deserving of preferential treatment. Without any accommodation, these treasures are now, one after another, being needlessly and Qy +-p tically d st:royed, only to end up in our landii11 s. The flurry of re-roofing activity caused by Hurricane Andrew, and the availability of ?nuance proceeds, is responsible for the loss of this ancient the at su alarming rate, resulting in at significant loss to Dade County's h_i_ntnric and architectural heritage. A least one structure, constructed with historic Cuban tile, and presently under consideration for historic designation, i.e., the Rosello residence, risks the loss of this the in the City of South Miami, and there are likely mmy more. An exemption to the product control and testing requirements of the South Florida Building Code for historic Cuban the is urgently needed now. Attached is a VmRoaed resolut:i.on for the consideration of the City Commission. It is hoped that the City Coi sion will accept the recommendation of the Environmental Review & Preservation Hoard and the Administ-rAtion and urge the Dade County Commission to so amend the Building Code. no u I 1 40, To: Honorable Mayor and Members of the City C s From: City Manager Subject: ordinance Amending the South Florida Building Code to Provide an Exemption from the Tdsting and Product Control Requirements of the Code for Historic Cuban Tile Date: April 22, 1994 At its meeting of March. 15, 1994, the Environmental Review & Preservation Board passed a motion to recommend that the City Commission adopt a Resolution endaraing the concept of amending the South Florida Building Code to exempt "historic Cuban tile' from the testing and product control requirements of the Code, and instructing the City Manager to communicate the City's position to the Dade County Commission. The Environmental Review & Preservation Board and the Administration believe that the roof treatment represents one of the most significant character- defining features of the Mediterranean Revival Style of architecture so popular in south Florida during the 19201r. and 301s, and that. it was the design intention of the famous architects and developers of the time to utilize "antique" Cuban tile. Illustrative is the fo3lowi.ng historic quote relating to the development of the neighboring City of Coral Gables: . . . that which f i rat' st=Lkes any eye are roofs, and the roofs of Coral Cables are like fine old oriental rugs. Most of them are of Spanish the moulded by hand over the naked thighs of worlman. now long dead. Cuban roofs, torn from r- rambling convents and rained haciendas, them pa1-t**.*-na bi erid d, their colors softened by tropic sim and weather, have been relaid here and they are a delight to behold. [Beach, the __Miracle of Coral Cables, George E. Ma-za=i k, 1926] As recently reported in the Miami Herald (Home & .Desigp, Sunday, January 23, 1994), this unique roof tile has been documented to be almost' three. cent -uzies old. Currently, the South Florida 'Building Code does not permit historic Cuban the to be re, nsta- ted, even to strictures which originally utilized this authentic roofing matarial when first 0 Adsorb. = CMrrW OF SOUTH M22-`_-14= INTER- OFFICE MEMORANDUM To: Mayor and City ssion From:i�lliamr Hampton city ager Background: Date: Anri'_ 27, 1994 Re: 5/3/94 Commission Agenda - Item = Dorn House Trust Fund - Legal and Dade County Administrative Expenses On December 30, 1993, the Dade Heritage Trust, inc. and Alan Potamkin, filed a "Complaint for Declaratory and Injunctive Relief" in Circuit Court against the _Metro -Dade Unsafe Structures Board and Dade Countv. The City of South Miami was and is not a party to this legal action. (See attached). / I am informed that on February 25, 1994 the plaintiffs and defendants in the above described case executed a "Stipulation for Agreement." Again, the City of South Miami was and is not a party to this legal action. Ms. Susan Redding is requesting the City =o authorize the expenditure of $1,047 from the Dorn souse Trust Fund established by the Commission September 21, 9993 for the purpose of receiving private donations to move the Dorn House from Unincorporated Dade County to the City of South Miami. As of April 27, 1994 there has been a total of $18,798.42 in private donations to the Trust Fund. $171.00 will pay part of the legal fees to Stein & Warfman, P.A. for representing Dade Heritage Trust, Inc. and Alan Potamkin v. Metro -Dade Unsafe Structures Boardi et al. $876.00 will be paid to Metro Dade County's Building & Zoning Department for the County's administrative costs in connection with this case. Section 2.(a) of the "Stipulation for Agreement" provides that "the plaintiffs, and others, intend to move the structure on the subject property commonly known as the Dorn House, to a location in South Miami, Florida with 120 days from the date this Stipulation is approved and adopted by the court. 11 I have been informed that the Stipulation was approved by the court on February 25, _994. Accordingly, the structure would have to be moved to South Miami by June 25, 1994. Recommendation: 1. Advantage to City: Tt is difficult to state an advantage to the City because the Commission has not yet determined public policy regarding the City's involvement with this project. 2. Disadvantaaes to Citv: The following should be considered: - Should the City be involved in this project. - Should public or private property be used for relocation - If public property is to be used, where? 3. This Resolution was placed on the agenda at the direction of the Commission. 4. This Resolution Is pursuant to City policy established at the workshop of April 19, 1994. WFH:er r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZ:NG T: ?E CITY MANAGER TO DISBURSE THE SUM OF $171.00 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY STEIN & WARFMAN, P.A., REGARDING THE CASE OF DADE HERITAGE AND POTAMKIN VS. DADE COUNTY SEEKING A COURT RESTRAINT ORDER ON DEMOLITION OF DORN HOUSE $876.00 REPRESENTING COSTS BY DADE COUNTY IN CONNECTION TO THIS CASE AND CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 09 -1100 -9970; "DORN HOUSE - EXPENSES." WHEREAS, by Resolution no. 120 -93 -9358 passed September 21, 1993, the City Commission established the Dorn House Trust Fund for the receipt and disbursement of donated funds to be used for the moving, renovation, and refurbishing of the Dorn House; and WHEREAS, the City has now received the following invoices for payment: a) $171.00 from Stein & Warfman, P.A. for legal services rendered in the case cf Dade Heritage and Potamkin -rs . Dade Count_; seeking a Court restraint order on demolition of the Dorn House. b) $876.00 from Dade County Building and Zoning representing the County's administrative costs in connection with this case. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 7 SECTION 1. The City Manager be, and hereby is, authorized to disburse the sum of $171.00 to Stein & Warfman, P.A. for legal services rendered regarding above reference case and $876.00 to Dade County Building and Zoning Department for administrative costs incurred regarding this case. SECTION 2. That the disbursements be charged to account number 09- 1100 -9970, "Dorn House - -- =enses." PASSED AND ADOPTED this day cf May, 1993. APPROVED: Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 1• . 0 7" i ?t`f 3 DADt .ZERiTM TRUST, INC. MM ALAV POTANKIN, plaintiff as, v. METRO -DADS UNXA= STRUCTURES 'BOARD ' mm ME C=TY, FLORIDA, I-A- :X THE' CIRCUIT GCtMT Or' THE IITIV JUDICIAL CIRCUIT :.N ;,BiD FOR' DADS COLm= a V=RZDA GUNRATL JUAISDX=:= CUB Bo. Florida Bar No. 385026 OR F1 NA-L Defendants . �+t Dads 82ritage T".UZt, Lric. ("Dade 8eritags r=ust") and Alan Potamkin ( "Pota kiM "), by and through their undersigned attorneys . hereby sue Matro -bade Unsafe Structures Board ("meats structures Board") and Dads County, Florida, and allege are follower This in an action for declaratory and ? ,�unczive relief-, :ado Esritage Trust is a rots- for -proti t • corporation dedicated to preservinq and restoring she con=nity's historic rroperties. The cbject of the corporation's present efforts, and the subject of this litigation is the uordan- roster -Dora House ( "Darn Rouse "). Mr. Potamkin owns the Dorn.House4 2. In short p the Unsafe at=ctures Board slated the Dorn House =or demolition beaause it was an unsate structure. Despite the tact that the Dora House was suboaptntly secured, the defendants are.prooeediaq with demolition. At present, sutticient fads have bern: rsissd to move the Dorn Some- to .another location. Alan.- PotaMkin -. and_ tft;.: Daft, 8aritage . Rust:- rsq=ot:. thay.L ttu - coots.'• ,� � enjoin the demolition of the Darn Hausa so that. the property may- be saved and moved to anothsr'location. �ASxL1ZCTtp1! �!D• Vl1US' 3. This action involves damages �A* excess of S 15, 000'. 40 plaintiff Dade. Heritup- Trust is a not -tor- profit corporation organized under the laws at Florida. Its operations arar.. headquartered - in the 1908 .022io• • of Surgery of Dr. saves M• Jackson, Dada County Is pioneer. doctor, located. in Miami, i*iorida. S. The Dorn House was• built circa 1910 and .4x onye of the I ast - Maining exWles of pioneer architecture in the south m4=4 nrea6 it is. an excellent example of wood, ' rame vernacular architecture. in Dade County trca the turn of the century. saving the Dorn House is vitally important to preservinq a portion of the unique history of Dade. C=tyI ?Icrida. 64 p3.aintift Alan Potamkin is over the . age of 21 yeers, old and is a resident of Dade- County Piorfda. Is owns the Dorn 8ouss. 7. Defendant unsafe Struct=es Hoard is a quasi - judicial Board opsrazinq eider the, authority of Dade County, T+orida. S.• Defendant Dads County is. a municipality which has delegated its authority pertaining to the regulation of unsafe structures - to the defendant Board. 2' P�c� �►ssaa�►zsowa� 91 The Dorn House is located at 4550 sunset :rive, Miami, Florida. 10. On approximately July :4, :993, the Dnsate sttuotvges Board ruled that -the Dora House created an. unsafe condition. The Soard ordered the owner• to canto= the- structurw to the South. Florida Buildsaq Code or *Is* the property would be destroyed. case No. DC93 -OOSOU (Unsafe Structures Boardl- 11. Subsequently-, the: property was secured- and repaired so that it no Zoager was a danger to any persons in-the co==nity. 12. In addition, the Do= Rouse, and underlying property, was subsequently purahased by Alan Patamkize M.T. Potamkin has greatly aaainted the proservationiats' ettorts to preserve and relocate the Dorn Hour•. 13. Despits the fact that the-Darn House no longer presents a danger to anyone, in the comrnt:rity, there presently Ls; no statutory mschanism for the Unsafe Structures Board to rescind its order providinq for demolition. 14. Ott: approximately October- 25, 1993, the Metro -Dade Preservation Board unanimously passed a resolution to the ftxate. Structures Stmt and Board request aq that the defendant - Board delay demolstion of the Dora.xous•. 15. Tha City of South Miami has passed a zeeclution eupportiaQ.a relocation sits. 10: At the present time, Dade. CaUnty intends. to demolish the 7 3 Zorn rouse at Zhu earliest opportunity. 17. Tt would be extremely untortunate' and unfair I! Dada county prooeeda.With demolition while funding and resources exist to relocate the Dorn House in order to preserve this unique- portiot of Dada County's history.. 'T� �lfi'I�TR�T2V� dRnlR' ViOI:ATl9 Mlee+�!! n: T.�.. 18. The.plaintiffs reallege and incorporate by reference- the allegations contained in paragraphs 1 -17,' above.. 19. The dafeadanz Board's decision is - arbitrary and not supported by substaatial evidence. 20.. The Administrative Order found 4hat whe Dorn House presented a danger to-the public. 21. :'here is no evidence to supporteu finding that the Dorn House presents a danger to the pubic. 2Z. Accordingly, the Administrativa.Order should be quashed. as w A=XQN -MR flZCLRltRMRT 23. The plaiutiff.s'reallege and incorporate by ratftence the allogatioa■ contained -in paragraphs 1 =17, above. 26, Plaiutitt potamkin!s property is.. affected by. the exintancs and actions of dotendant Unsafe Structures Board. 25'. The. ordinance • doom not empoinr, , the - detendant . Board to demolish buildings which-do not prevent a threat to the public. 21. According1yr the plaiatifts seek a declaration that the Board. has excaeded� the saopv- of its lawful authority. x 4 x =a 1,3A2 R,ELZZ, 27. The plaintiffs rsallege and incorporate by. reference the allegations contained in paragraphs 1 -17, above. 28. Bawd on. the changrd circumstances in the oonditiaa of the Dorn House, it is no longer equitable !or the. adMiZistrative order to have prospective . applsaatioa. 29. Accordingly, MNe Admfafatrative Demolition Order Issued by the Unsafe Strictures Board iz Case, No. X93 -005OU should he vacated. . CDm rove va�a►xrvz! �azse or !► asrz�,. 30. The plaintiffs realloge and Lacozporats. by reference the allegations contained. in paragraphs 1 -17, above. 31. The Unsafe- Structures Board was formed, im parts to protect .ha citizens of Dade County* :rom ti:nsafe stractuxes. 32. Since the Dorn Souse is no longer an unsafe structure, Dade County in without the authority to demolish the: structure. LMA1L -- . . RZOMT YO!! R LIzr wvMU oRB, the plaint:. +a request that the Court: I . issue a declaratory judgment declazinq that defendant tlnsafs Struaturss 8aard is nat wupvwered to order the demolition of the ,Dorn 8ousel. 2. issue an. iajunoti*n enjoining the detendaats !r= demoll.shinq the Dora Rouse; 3.. quash the demolition order issued by defendant Dnsato strucures Board in Case No. DC93 -0036U (Unaate Structures Board); atid 1. Grant such other and further rellat as this Court deems just cad proper. Respeottully submitted, sam & Wes, -P.A. . atickeil. Bay 09five Tower. 1001.so. Bayshare Driva� Suits 2706 b(i.aatii,, ylorida 331,31 Telephone No. (3051 358 -2233 By act L. war: mac,. Hsq.. 6 /a rang tax transmittal memo 70 1.,01a a + 3 :).pt. ax' 1 TES CIRCUZT COURT OF RE :ITH t tCIn C.:Rcu= 1N AND .6702t. DADS uvudTY, FLORIDA GEM= u JRIQDZCT:Ol� CASE NO =2 IMRITAGB TRUST, :21C. AaD..ALAN P0TAJm2lt, Plaintiffs, v. HMO -DADS UNSM STRUCT'MW. -BOARD AND DADS couawY, FLORIDA, Defendants. Plaintiffs Dade Heritage Trust, wne. ("Dade H6ritagr Trust") and Alan Potamkizt ( "Potemkin ") r and datendants Metro -Dade Unsafe Structures Board ; "Unsafe Structures Board ") and Dada County, Florida, by and through their undersigned attorneys, heraby.set !orth below the terms-of their Stipulation for Settlement of the dispute which is the subject of this cause, and stove this Court for an order ratifying this Stipulation and diamissinq this case. The parties stipulate and.agresi 1. Plaintiffs -agrse that this Stipulation. for Settlement sets forth the last and fina;i recourse in-thia matter And hereby waives any and all rights and remedies, judicial and administrative,.i.n connection with the subject property and the structures located thereon (the "Structure "), excepting the retaining of this Court s jurisdiction to enforce the terms and conditions of this agree=W tt*. a.... Pledatiffs- agvew as: follows +� (a) Me- plaiatiffx;, intumi. to mores_ the ! i structure on the eubjevt property, czzamoniy known as the "'Gorr. House,,, to a location -in South Miami* norida, within . 120 days from the date that this Stipulation =s approved and adopted by the Court. (b) The glainti:ts agree that no Person shall inhabit the structure. (al Plaintitt Dad* Heritage Trait shall on or before the date this' stipulation for - Sattlemeaz :s executed by all of the parties pay to Metropolitan Dade County by certilied•check made payable to ,Metropolitans Dads County Building and. Zoninq Department" the stun of ! representing the County's Administrative costs, in connection with this case. hs check shall be sent to the following.a►ddresst Metropolitan Dads. County Uasate structures. Baotioa Bvildinq and Zoninq Dspax=ent 140 M. rlagler Street Quite 1602 Miamit Florida 33130 3. Provided all of the. terms of this Stipulation are :compilad with, Dads County, its agents, servants, and employees, and those persons in active concert or participation with them, who reasive actual knowledge of this order by personal servias or cthsrw►ise, will ref=aiu from .demciishinq the Structure between they present and 120 days after this Stipulation- is approved and• adopted approved by the Court. 41 In the *eat that any of the conditions of. this Stipulation are not met, the Strnatuze small, be demolished. 5 Challenge • is Waived to the.. order_ . of ths. Uhsata sttuatares Board c=GGS2d nq . then. Btsaateze._ 1, . � JIC1C1r. 6. upon the Courts approval of .this. Stipulation, tri: Cause shall stand dismiaasd, excepting this Court's :atertion of ;urisdiation to eotoce the terms and ond:.:ona a# this stipulation. VIE' m=RE, the - partisof through their respective counsel, have executed this Stipulation on the dates indicated below. ?OR PLA=Zrr8 % Scott L. Wat A, 3sg. DATE FOR DEFENDUTS : LA Auqupto E.. Mai "ll Assistant County Attorney. �V 01W From: - C =TY OF SOUTH i�i2AM= INTER- OFFICE MEMORANDUM Mayor and Citnmmiss J Willia, /Hampton City Manager Background: Date: April 27, 1994 Re: 5/3/94 Commission Agenda - Item # 8 Emergency Repair of Commission Chambers' Sound System As you know the sound system for both, the Commission Chambers and Channel 5 broadcast has been deteriorating in quality for some time. Inspection of the system revealed that the major piece of equipment (i.e. the amplifier) needed for quality sound has failed due to old age and use. Accordingly, due to the urgent nature of the situation I have ordered the work to begin the modernization and repair of the system. The sound you will hear Tuesday night is a jury rigged system to get us through Tuesday night. If the attached Resolution is approved the permanent work will commence Wednesday morning, May 4. Recommendation: 1. Advantage to City: By installing the new system, citizens, in the Chambers and at home will be able to clearly hear quality sound and accordingly, be able to follow our Commission meetings. 2. Disadvantages to city: None 3. City Manager recommends approval of this Resolution. 4. This Resolution conforms to City policy regarding the purchase of urgent services. WFH:er a:repcham sW �` I RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO OBTAIN EMERGENCY REPAIRS FOR THE CITY COMMISSION CHAMBER SOUND SYSTEM, FROM CHARLIE DUFF, INC. AT A COST NOT TO EXCEED $1,735.00 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100- 5510; "GENERAL FUND CONTINGENCY." WHEREAS, the quality of the loudspeaker sound for both the Commission Chambers and television broadcast of meetings has deteriorated; and WHEREAS, it has been determined that the existing amplifier has failed due to age and use; and WHEREAS, Charlie Duff, Inc. was available to quickly place the system back on line so that our citizens may clearly hear all that is discussed at Commission meetings. 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 obtain emergency repairs to the Commission sound system at a cost of $1,735.00 from Charlie Duff, Inc. SECTION 2. That said repairs will include a new amplifier with equalizer, sound equipment, voice enunciator and clarity, rewire all speakers. SECTION 3. That the disbursement be charged to account no.2100 -5510; "General Fund Contingency." jF 1i PASSED AND ADOPTED this day of May, 1993. ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 8 APPROVED: Neil Carver Mayor - C 2 TY O F S OUTH M 2AM = ® INTER - OFFICE MEMORANDUM Mayor and City Commis.S a e: _ Dri'- 26, 1994 From: eam 8. pt .. on Re: /3/94 Commission Agenda - City Manageri,, Item # 9 Purchase of Vertical Blinds for New Police Station County Bid List #1016 Background The renovation of the new Police Station Ls nearing completion. The second floor of the building has had a new modern window system installed. In order to block out bright sunlight, new vertical blinds need to be installed on the 24 windows. Recommendation: i. Advantage to City: The installation of blinds will create a proper working environment for employees by permitting them to block out bright sunlight. 2. D"isadvantaQes to city: :lone Staff recommends approval of Resolution. 4. This proposed purchase is pursuant to Article =2I, Section 5, paragraph H. of the City Charter. WFH:er �e+.s kr pa 0 r 0 RESOLUTION NO. A RESOLUTION CF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZI_TG THE EXPENDIT'„RE BY THE POLICE DEPARTMENT FOR THE PURCHASE CF 24 VERTICAL BLINDS FROM BLINDS BEAUTIFUL, INC. IN AN AMOUNT NOT TO EXCEED $1,558.70 UNDER COUNTY BID ?#1016 AND CHARGING THE DISBURSEMENT TO PUBLIC WORKS ACCOUNT NO. 1710 -4670; "MAINTENANCE AND REPAIRS - GROUNDS AND BUILDINGS." WHEREAS, the renovation of the Police Department =s nearing completion; and WHEREAS, the new :windows installed on the second f_cor are in need of •zertical blinds to block out bright sunlight and enhance employee working conditions; and WHEREAS, the City may purchase the necessary blinds under County Bid #1016. :dOW, 7-1EREFORE, SE IT RESOLVED BY THE MAYOR AND C-ITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That a purchase order is hereby awarded to Blinds Beautiful, Inc. in an amount not to exceed $1,558.70 for the purchase of twenty -four vertical blinds for the new Police Department building. z 9 SECTION 2. That the disbursement be charged to T blic Works account number 1710 -4670; "Maintenance and Repairs - Grounds and Buildings." PASSED AND ADOPTED this day of May, 1994 ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Eari G. Gallop City Attorney APPROVED: Neil Carver Mayor CSTY OF SOUTH M=AM2 ® INTER- OFFICE MEMORANDUM To: Mayor and Cit f � From: i'llia�m City Ma Backaround: Date: April 27, 1994 on Re: 5/3/94 Commission Agenda - Item #Contract With Dade County - Meals For The Elderly Program For a number of years the Recreation Department has participated in the Meals for the Elderly Program, by providing a full -time coordinator at the South Miami Senior Center (a Dade County Hud facility). In addition to the food program, this City employee is also responsible for providing the seniors: Arts and Crafts, English and nutrition classes, transportation to the grocery store, doctor's office visits and planned outings, etc. This City employee also, delivers the homebound meals to the 30 eligible recipients each week. The Elderly Meals Program provides meals five -days a week, Monday through Friday. The cost to the City to provide this worthy program is estimated at $25,000 annually /0 Daily Weekly Annual 1. Regular meals from Dade County 65 325 16,900 2. Special diet meals from South Miami Hospital 13 65 3,380 3. Homebound meals from Dade County 30 150 7.800 Total meals served 108 - - - -- ----- 540 - - -- - - -- 28,080 - - - -- - - - -- The cost to the City to provide this worthy program is estimated at $25,000 annually /0 Recommendation: 1. Advantage to City: Continuation of this program will allow the City to provide 28,080 meals to senior citizens who might otherwise go without. 2. Disadvantages to city: None 3. Staff recommends approval of the attached contract. 4. This Resolution is required so the City Manager may execute the attached contract on behalf of the City. WFH:er a: DC meals pgm RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTINUE THE CITY'S PARTICIPATION IN THE MEALS FOR THE ELDERLY PROGRAM. WHEREAS, the City of South Miami participates with Dade County in the Community Action Agency's Meals for the Elderly Program; and WHEREAS, in order to continue participation in this program, the City Administration has recommended the execution of a renewal agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That a the City Manager is hereby authorized to execute the Renewal of Agreement attached hereto as " "Exhibit i" to continue the City's participation in the Meals for the Elderly Program. PASSED AND ADOPTED this day of May, 1994 APPROVED: Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 10 3 METROPOLITAN DADE COUNTY, FLORIDA METRO -DADE April 14, 1994 William Hampton City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Hampton: COMMUNITY ACTION AGENCY Elderly Programs Division 395 N.W. 1st STREET MIAMI, FLORIDA 33128 -1698 (305) 347 -4654 FAX (305) 347 -4661 Enclosed for your review and signature is the contract between the City of South Miami and Metro Dade County Community Action Agency for meal service at the South Miami Senior building. If there are questions or if additional information is needed, please contact me at 347 - 464.9. Sincerely Brenda R. Meals for 10 yours\, Jones, Director the Elderly Program RENEWAL OF AGREEMENT This Renewal of Agreement is entered into this day of , 19 , in Miami, Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the State of Florida (COUNTY), Community Action Agency (CAA), 395 NW First Street, Miami, Florida 33128 and the City of South miami, a political subdivision of the State of Florida, 6130 Sunset Drive, South Miami, Florida 33143 (SOUTH MIAMI), and provides the terms and conditions pursuant to which SOUTH MIAMI shall continue participating in CAA's Meals for Elderly Program (PROGRAM). WHEREAS, Resolution No. 934 -93 authorized the County Manager to receive, expend and subcontract for Older American Act, Title III -C grant funds of the Older Americans Act received through the Area Agency on Aging for Dade and Monroe Counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; WHEREAS, SOUTH MIAMI desires to continue participating in CAA' s Meals for Elderly PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI facility, 6701 SW 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: Page 1 of 6 /0 S 1.1 SOUTH MIAMI agrees: a. To make available to CAA Meals for the Elderly PROGRAM participants the dining room, kitchen and restrooms of the facility, Monday through Friday, except holidays, from 8:30 A.M. until 2:00 P.M.; b. To provide maintenance services, daily and on an as needed basis; C. To provide tables, chairs and other furnishings as required for the operation of the PROGRAM; d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD); f. To provide items pertinent to the serving, preparing and cleaning up after serving meals, such as: garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide and /or arrange for at least one staff person to conduct food service and non -food service activities for PROGRAM participants, such as: nutrition, education, outreach, crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide services and items as specified in Section 1.1 ( a through g) of this Agreement at no cost to the COUNTY, CAA or the PROGRAM. Page 2 of 6 1.2 The COUNTY agrees: a. To provide and pay directly to the vendor the cost for up to a maximum of sixty -five (65) meals served daily, Monday through Friday, except holidays throughout the term of this Agreement; and b. That CAA will provide assistance in obtaining staff from community resources (community schools, Dade County's Schools, Miami Dade Community College, etc.) to provide PROGRAM participants with non -food service activities such as: lectures, volunteers, crafts, music, discussion groups, exercise, etc. 1.3 The COUNTY and SOUTH MIAMI both agree: a. That every notice required under this Agreement shall be in writing directed to the parties at their respective addresses as follows: As to the COUNTY: Dorothy J. Davis Executive Director Community Action Agency 395 NW First Street Miami, Florida 33128 As to SOUTH MIAMI: William Hampton, City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 C. That this Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail- return receipt requested; Page 3 of 6 d. That this Agreement shall become effective January 1, 1994 and shall continue through December 31, 1994. This Agreement may be renewed for additional one year periods, subject to approval by the COUNTY, SOUTH MIAMI, and CAA; e. That this Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and SOUTH MIAMI; f. SOUTH MIAMI, subject to the limitations and liabilities imposed by law, agrees to indemnify and save the COUNTY harmless, from any and all claims, liability, losses and causes of action which may arise out of SOUTH MIAMI Is negligence in the fulfillment of this Agreement. SOUTH MIAMI, shall pay all claims and losses of any nature whatsoever in connection therewith and,shall defend all suits, in the name of the COUNTY when applicable, and shall pay all costs and judgments which may` issue thereon; g. The COUNTY, subject to the limitations and liabilities imposed by law, agrees to indemnify and save SOUTH MIAMI, harmless, from any and all claims liability, losses and causes of action which may arise out of the COUNTY's negligence in the fulfillment of this Agreement. The COUNTY shall pay all claims and losses of any nature in connection therewith, and shall defend all suits, in the name of SOUTH MIAMI when applicable, and shall pay all costs and judgments which may issue thereon; and Page 4 of 6 ro 9 h. That SOUTH MIAMI shall abide by Chapter 11, A, Article III, Section 21 through 23 of the County Code, applicable to non - discrimination in employment. SOUTH MIAMI also agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 ( 42 USC 2000 D &E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race, color, sex religious background, ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment. It is expressly understood that upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate said Agreement. SOUTH MIAMI further agrees to abide and be governed by Section 504, of the Rehabilitation Act of 1990 which prohibits discrimination on the basis of handicap, and The Americans with Disabilities Act of 1990 which prohibits discrimination against qualified persons with disabilities. Page 5 of 6 10 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials the day and year first written above. CITY OF SOUTH MIAMI CITY MANAGER CITY CLERK CITY MAYOR SEAL METROPOLITAN DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS COUNTY MANAGER HARVEY RUVIN, CLERK DEPUTY CLERK Approved by County Attorney as to form and legal sufficiency. Page 6 of 6 /0 �0 To: From: r� i CITY OF SOUTH i�I =AM= ® INTER - OFFICE MEMORANDUM Mayor and City Commission Z,wi`il.ian 7_. ,Hampton City Manager Background: Date: April 25, _994 Re: 5/3/94 Commission Agenda - Item ill Emergency Repairs to Garbage Truck #21 -41 The City owns three garbage packer trucks, of which two are assigned to the two routes and the third is used as a spare. When one truck is down and the spare is assigned to a regular route, sanitation has no backup packer. Should one of these trucks break down, we will have difficulties in collecting all residents and commercial scheduled for that day. In the past such a situation has occurred and we have, through our contacts at Dade County been able to borrow a County packer truck and collect garbage on schedule. On one occasion when two of our three packer trucks broke down at the same time we were able to borrow two County trucks. I don't believe its a good operational situation to be relying on another agency.. Accordingly, Mr. Patterson recommend these repairs as critical time wise, and I concur. Recommendation: 1. Advantage to City: Immediate repair of packer No. 21- 41 will assure that the Sanitation Division will have three operational packer trucks. 2. Disadvantages to city: None 3. Staff recommends approval of this Resolution. 4. This purchase is pursuant to City policy regarding the need for critical services. Attachments WFH:er cwubu RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING A WAIVER OF BID PROCEDURES FOR THE CITY'S PUBLIC WORKS DEPARTMENT PURCHASE OF REPAIRS TO GARBAGE TRUCK NO. 21 -41 UPON THE BASIS THAT GENERAL WELDING SERVICES, THE ONLY COMPANY THAT CAN DO THIS REPAIR RIGHT AWAY AND AVOID DISRUPTION IN GARBAGE COLLECTION SERVICE TO OUR CITIZENS. AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $1,965.00 FOR THESE REPAIRS; CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760 -4680 "OUTSIDE LABOR." WHEREAS, garbage truck no.21 -41 is in need of repairs, such as; replacement of tail gate channel, install new bushing, remove and repair two hydraulic cylinder carriers, install four new steel pin carrier, remove and repair one hydraulic cylinder tail gate and install wood between truck body and chasis; and WHEREAS, pursuant to the 1993 -94 Budget of the City of South Miami, Florida, the Public Works Department was authorized to purchase repair services; and WHEREAS, the results of the administration's inquiry have been that General Welding Services, Inc. would do the repairs right away and avoid a disruption in garbage collection service. 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 $1,965.00 to General Welding Services, Inc. for the repairs of garbage truck no. 21 -41. Section 2. That the disbursement be charged to account number 1760 -6480, "Outside Labor." PASSED AND ADOPTED this day of May, 1993. APPROVED Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney it � v City of South Miami To: William Hampton City Manager zt-�- F'R0M: arance Person P.W. Director INTER — OFFICE MEMORANDUM DATE: 14 Apr 94 SUBJECT: Repairs to vehicle 21 -41 Herewith please find the necessary information to place on the next available agenda repairs tb vehicle 21 -41. General Welding is the only company available that can to do this repair right away so this truck can be put back in service with no disruption in service to our citizens. ITEM: Repair garbage truck number 21 -41 replace tail gate channel where the carrier main cylinder are attached. Fabricate and install new bushings. Restore to working condition. Re- move and repair two hydraulic cylinder carriers. Install four new steel pins cylinder carrier re- move and repair one hydaulic cylinder tail gate. Install wood between truck body and chasis. This repair is needed to restore this garbage truck back to useful life and to maintain our regular garbage collection. VENDOR: General Welding Services, Inc. 8115 N.W. 56th Street Miami, Fl 33166 CONTACT PERSON: Jose COST: $1,965.00 Account of be charged 1760 -4680 II T - CITY CF SOUTM NI =2sm= INTER - OFFICE MEMORANDUM To: Mayor and City Comm ' te: April 27, 1994 Wf 'M 11-am V.1 From: i /� ampton Re: 5/3/94 Commission Agenda - City man 'er Item #12 Construction Bid ` Award Dorn Ave (SW 59 Ave) To Homestead Concrete & Drywall, Inc. $170,000 Background: The City administration has been fast tracking the Dorn Ave (SW 59 Ave) reconstruction project. I am please to inform you that we are ready to award the construction contract and through creative financing the project is funded 100 %. There were three alternates: Alternate I. Basic project with brick pavers in the driving lanes. Alternate II. Asphalt paving in the driving lanes. Alternate III. Concrete pavers in the driving lanes. We believe that concrete pavers are the best selection among the three alternates because concrete pavers provide the most stability for the driving lanes over the long run and is more appealing than asphalt. It is recommend that this project be funded as follows: a) $30,000 budgeted in the General Fund for SR District projects. b) $75,000 from the Gas Tax Trust Fund c) $65,000 from the Stormwater Drainage Trust Fund. 12, The four contractors submitting bids were: CONTRACTOR ALTERNATE I ALTERNATE II rLTERNATE III H.C. & Drywall $ 170,000 $ 31,250 $ 170,000 Marks Brothers 330,050 330,050 333,050 P.J. Contractors 217,510 211,810 214,500 PNM Corp 229,350 211,354 227,350 Recommendation: 1. Advantage to City: By awarding this contract, the City will have demonstrated its commitment to the merchants and homeowners regarding its policy in revamping and invigorating the SR District. 2. Disadvantages to City: None 3. The City Manager recommends approval of this contract. 4. This Resolution implements the first phase of the Commission approved Hometown plan. WFH:er a:OornbiO !Z z RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD A BID TO HOMESTEAD CONCRETE & DRYWALL, INC., AS THE LOW BIDDER IN THE AMOUNT OF $170,000 FOR THE DORN AVE RECONSTRUCTION PROJECT PURSUANT TO THE HOMETOWN PLAN; CHARGING THE FOLLOWING AMOUNTS TO THE ACCOUNTS INDICATED: $30,000 ACCOUNT NO. 2100-6440: "CAPITAL IMPROVEMENTS- SR DISTRICT "; $75,000 ACCOUNT NO. 1730 -4640: "GAS TAX TRUST FUND - TRANSPORTATION IMPROVEMENTS "; $65,000 ACCOUNT NO. 1730 -4640: "STORMWATER DRAINAGE TRUST FUND - MAINTENANCE & REPAIR OF STREETS DRAINAGE." WHEREAS, The approved Hometown Plan provides for pedestrian friendly facilities and a reduction of the traffic on the streets; and WHEREAS, the first phase of the overall improvements to the SR District is the reconstruction of Dorn Ave. (SW 59 Ave); and WHEREAS, the City has received construction bids from four qualified bidders of which Homestead Concrete & Drywall, Inc. is the low bidder; and WHEREAS, the City Manager recommends awarding the low bidder Homestead Concrete & Drywall, Inc. a construction contract of $170,000 which is Alternate III in the bid document; and WHEREAS, funds for this project are available in the General Fund, Gas Tax Trust Fund, and Stormwater Drainage Trust Fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the City Manager be authorized to award /4 1 a contract to the low bidder, Homestead Concrete & Drywall, Inc. for $170,000 for the reconstruction of Dorn Ave. (SW 59 Ave). SECTION 2. That $30,000 of this contract be charged to the General Fund account Number 2100 -6440; "Capital Improvements - SR District." Section 3. That $75,000 of this contract be charged to the Gas Tax Trust Fund Account Number 1730 -4640; "Transportation Improvements." Section 4. That $65,000 of this contract be charged to the Stormwater Drainage Trust Fund, Account Number 1730 -4640; "Maintenance and Repair of Streets Drainage." PASSED AND ADOPTED this day of May, 1993. APPROVED: Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney To: From: S C =TY OF SOUTH .lei =AM= ® INTER- OFFICE MEMORANDUM Mayor and City Commission �lliamG Hampton City Manager Background: Date: April 27, 1994 Re: 5/3/94 Commission Agenda - Item #13 Elimination of Potential Hazard - Four Drainage Boxes South Miami Field As you know, there are four drainage boxes utilized to drain the playing area of South Miami field. Due to the nature of the boxes original installation, a potential hazard existed for individuals on the playing field. We have contracted with the Dade County Parks and Recreation Department to upgrade and install a drainage system which will provide both, excellent field drainage and not pose a hazard to those using the playing field. Recommendation: 1. Advantage to City: A potentially hazardous situation will be removed from south Miami Field. 2. Disadvantages to City: None 3. Recreation staff recommends approval of this Resolution. 4. This Resolution is pursuant to City policy regarding purchase of urgent services. WFH:er a:o ra image swN RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RETROACTIVE APPROVAL OF WORK PERFORMED BY DADE COUNTY PARK AND RECREATION ON APRIL 20, 1994 AND COMPLETED IN FIVE DAYS REGARDING THE UNSAFE FOUR DRAINAGE BOXES PROBLEM AT SOUTH MIAMI FIELD. AUTHORIZING THE CITY MANAGER TO PAY DADE COUNTY PARK AND RECREATION DEPARTMENT AN AMOUNT NOT TO EXCEED $6,134.00 AND CHARGING THE DISBURSEMENT TO PUBLIC WORKS' ACCOUNT NO. 1710 -4670; "MAINTENANCE & REPAIRS - GROUNDS & STRUCTURES." WHEREAS, it has been determined that the four drainage boxes at South Miami Field posed a hazard to individuals participating in games at that site; and WHEREAS, due to the urgency of eliminating said hazard, the City sought the advice and guidance of the Dade County Park and Recreation Department because of that Department's expertise in these matters; and WHEREAS, Dade County offered its maintenance crews at a cost of $6,134.00 to eliminate the playing field hazards; and WHEREAS, due to the urgency of the situation work was ordered to begin Wednesday, April 20, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the City Manager be, and hereby is, authorized to pay Dade County Park and Recreation Department an amount not to exceed $6,134.00. SECTION 2. That the disbursement be charged to Public Works Department account no. 1710 -4670; "Maintenance & Repairs - Grounds & Structures." 13 z PASSED AND ADOPTED this day of May, 1994 APPROVED: ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney /3 Neil Carver Mayor 3 J~ CITY tDF S©UTM vi21_4&M2 ® INTER— OFFICE MEMORANDUM To: Mayor and City Comm' Date: ADrii 15, 1994 From: - William E. Hampton Re: Drainage Boxes South Miami City Manager Field 13 Pursuant to Commissioners' concerns regarding the unsafe four drainage boxes at South Miami Fieid, = Nave initiated the following: 1. Work will commence Wednesday _'.ors Z0, 1994 and be completed in five days. 2. Work will be performed by the Dade County Park and Recreation Department. 3. This work is considered urgent. Accordingly, a Resolution requesting retroactive approval will be placed on the May 3, 1994 City Commission agenda. 4. We believe the Countv's estimated cost of $6,134 is reasonable for this type of work. WFH:er _ C2TY +OF SOUTH �i =AM= © INTER - OFFICE MEMORANDUM To: :Mayor and Cit fission Date: April 27, 1994 From: .,ALIliam F/! ampton Re: 5/3/94 C mmission Agenda - City Mana er Item #1 Dorn Ave. Trust Fund - Expenditures Background: Cn March 15, 1994 the Commission established the Dorn Ave. Trust Fund for the purpose of receiving private donations to underwrite some of the expenses in the reconstruction of Dorn Ave. between Sunset Drive and SW 73rd St. The attached Resolution authorizes the expenditure of $1,153.38 from the trust fund for brochures, advertising, printing, :nailing etc. The amount of private contributions to the Trust Fund as of April 27, 1994 is $2,984.73. Recommendation: 1. Advantage =o City: The bills incurred :.v Susan Redding i. the sale of bricks and publicity for -he Dorn Avenue project will be paid. 2. Disadvantages to City: None 3. The City Manager Resolution. 4. This Resolution established by the April 5, 1994. WFH:er a:0o�e�exp recommends approval of this iS pursuant to City policy Commission at its workshop on 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 $942.50 FOR SIGNAGE AND GRAPHIC SERVICES BY TOM GRABOSKI ASSOCIATES, INC., FOR PHOTOGRAPHIC REPRINTING OF NEWSPAPER ARTICLE BY SOUTH MIAMI BLUEPRINT, INC. AND CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 09 -1100 -9980; "DORN AVENUE TRUST FUND EXPENSES." WHEREAS, by Resolution no. 23 -94 -9426 passed March 15, 1994, the City Commission established the established the Dorn Avenue Trust Fund for the receipt and disbursement of privately donated funds for the recommended improvements to SW 59 Avenue. WHEREAS, the City has now received several invoices from the below listed companies for services performed relative to aforesaid resolution regarding the sale of bricks to the publ =c. - Tom Graboski Associates, Inc. for signage and graphic services in the amount of $942.50. - Sunset Quickprint =or printing of "Thank you Cards" in the amount of $187.88. - South Miami Blueprint, Inc. for photographic - reprinting of newspaper article in Dorn family - history in the amount of $33.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: /j4 SECTION 1. The City Manager be, and hereby is, authorized to disburse the following: - $ 942.50 to Tom Graboski Associates, Inc. - 187.88 to Sunset Quickprint, Inc. - 33.00 to South Miami Blueprint, Inc. $1,163.38 SECTION 2. That the disbursements be charged to account number 09- 1100 -9980; "Dorn Avenue Trust Fund." PASSED AND ADOPTED this d �ot lay, l� APPROVED : `� ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 141 Neil Carver Mavor To: From: /so - CICTY ®F SOUTH ivI2A1�= ® INTER- OFFICE 14EMORANDUM Mayor and City Commission WYlli.am F/ mpton City Manager Background: Date: April 26, 1994 Re: 5/3/94 Commission Agenda - Item #15 1993/1994 -95 PBA Collective Bargaining Agreement A 1993- 94/1994 -95 Contract has been agreed to by the PBA and the City Manager. The details of this Agreement were included in my April 8, 1994 memorandum which is attached. Recommendation: 1. Advantage to City: The City will have a Collective Bargaining Agreement with the PBA which will cover wages through September 30, 1995. The 8% increase for Police Officers and Sergeants will benefit existing employees and also make our salary ranges more competitive for recruiting purposes. 2. Disadvantages to city: None 3. The City Manager recommends approval of the 1993- 94/1994-95 PBA Contract. 4. This Resolution is pursuant to the attached Collective Bargaining Agreement between South Miami and the PBA. WFH:er rcoi mpbs RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE ATTACHED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE POLICE BENEVOLENT ASSOCIATION (PBA), WHICH AGREEMENT PROVIDES FOR 501 ACROSS THE BOARD SALARY INCREASE EFFECTIVE JUNE 1, 1994; 31 ACROSS THE BOARD SALARY INCREASE EFFECTIVE OCTOBER 1, 1994. BEGINNING JANUARY 1, 1995, A LIMIT OF SIX -SICK LEAVE DAYS IN ANY GIVEN YEAR THAT MAY BE COUNTED IN WORK WEEK FOR OVERTIME. WHEREAS, the City Manager and the PEA have reached a Collective Bargaining Agreement for the 1993 -94 fiscal year; and WHEREAS, this agreement also covers the 1994 -95 fiscal year; and WHEREAS, the PEA members ratified this Agreement by a vote of 32 -10 on April 6, 1994; and WHEREAS, this Agreement provides for: a) So across the board salary increase effective June 1, 1994. b) 3% across the Board salary increase effective October 1, 1994. c) Beginning January 1, 1995, in any given year when an Officer exceeds six -sick leave days, daily overtime and sick leave will not count in work week for overtime. Ea WHEREAS, the City Manager recommends that City Commission approve the aforesaid Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the City Manager implement the attached Collective Bargaining Agreement as approved. SECTION 2. That PBA Bargaining Unit members pay range be adjusted in accordance with this Agreement, and beginning January 1, 1995, in any given calendar year when members of the Collective Bargaining Unit exceed six -sick leave days, daily overtime, and sick leave will not count in work week for overtime. PASSED AND ADOPTED this day of May, 1993. APPROVED: Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney = C =TY +OF SOUTH �I =A.M2 ® INTER- OFFICE MEMORANDUM To: Mavor and Cit�7 scion L From: lillia Hampton City Manager Date: April 3, _994 Re: PBA Collective Bargaining The attached letter was received today, Friday, April ?, 1994. 1 recommend the followincr: a� The City cease all Speciai Master activity b) That the City accept the Union's ratification vote and prepare the new contract for execution. c) Recap of agreement: 1) 5% across the board effective June 1, 1994 2) 3% across the board effective Oct. 1, 1994 3) During any calendar year, beginning Jan. 1, 1995 when an officer exceeds six -sick leave days, daily overtime and sick leave will not count in work week for overtime. d` HisrarV: December 1993 - the Union voted down 6/1/94, 30 10/1/94 and complete removal of sick leave and daily overtime in the work week. - March 1994 - the Union voted down 50 6/1/94, 3% 10/1/94 and removal of sick leave and daily overtime after 6 sick days in calendar year. - April 1994 - Union approved items voted down in March 1994. - Union also rejected at bargaining table a 3 year contract i.e. 50 6/1/94, 30 10/1/94, 5% 10/1/95 and complete elimination of sick leave in the work week and daily overtime. -i U1 VI Ln N U7 n Ln w w (A OI UI U Ln UI Ln I OI N ?I I m o r 1 n m y m 0 1 m a o a o o I y n a n m n �1 +� m - m m n of x _ 73 1 (.n m x m x m m a = I --1 x c7 "n m J J 1 a xm a a ;.7j m ' N (J L) W L) I :J i n m o n i c m o .. ai am►r..yc xma xm> .ma xma =m> .ma 'r mnn i mam -=i�mo C t N i a O O K O N N N N N N N N N 1 n Z -1 "N ' N A N 11) N Li /1 L) N A r.. A w r V T A r 0 T N . a m m = b W 91 O B— D1 w C1 L) A. N W LA F+ N(n r I x m UTAN D1 AD) 11 W m m V A 0 b.0 J Ili D1 mN> N b L) �4 N t9 O A Q V r to D1 N V N N LA r O N N •- N L) .- N A N In A N N A .� r' . . . . . ID V B N Ln A A W Ln — N T �• J N ,., N w w : 9 N .) A LJ1 J N C1 b B V N N N N 0 N N _0 v 'r N N N (.J N N A N N . N N cn r N V N (. V A 9 UI C1 b V Cl V N C1 CD O V :+ m b J L) D1 V ... Ut N N Ln L9 w W W= V v - N N N N N N N d 0 N N A N N A N N A N J N W A A b b N Pr G A In b O V A D] D7 J .- �7 m A 91 N V Ln w w �D m V v V F+ A N N N N N N N U/ u1 N •" N W N N A N N A N N A N N UI U' Q1 ..; r m A r bNm NQ1 L: 13A JmID Cl %D N m V w %1 N Q1 A CD m Cl V .� V LA i L] t•. V N N U1 iD CD -1 V V r 9 r N .n lJ1 N N N N U1 N r N w N N A N N A N N U1 N N Ut I - C) T w m t„1 V N A D] ID 'S to N O O m b V W CD co B V 71 V V (n %J 3 r 0 OD A LO Ln W w %J j r 9— N N O A P dip /3 3— -1 Ln N N U1 U1 -11 r N W W 0 N UI N Ut V j = I Uf I -rl l O � r C) mZ ov O m > o > o r o n m a +1 c`'1 a c - > --I m — r.. m m r DI T (n Q) 1 I a•*t0 r. �>. mr -I > > m c� m ►, -e C7 >- n f+ -i m 0 • -I =MIc to m a o n N N N N N N N N N N N i O m a n c n z -i •rN•A �J �-P V �Oi P►+P tD rA ©►+N ., 01yi0'C� W om veal cam c. waN c rs.• vm�- U1 —1 to rn In rnm U1 A UI N w W N P V A A A Ui V N Q+ m :7 to > NP W ^'P tD V U1 Q) U1 V NNU1 ' -4 'I OS n c, a m n N N n .� n m rn z n m •--N N r UfW --UT N Nd ��.N.d I— .a tD t0 W .b. N '' U1 r C tD .� m W 9 Ut Ut '7 V a A ,A. N V N Q*i � O V 7 W Q) -7 .. In al V a N N N :1 W W •.! v1 -n N N N N N 0 to ) •`r1 r N W N A N N .A r 0 N N C. •'- N .a W N ►'° N Q1 r N V N W V A N.�T 9 LPN VNQI PA V .amP ... 0p U1 V N N U1 'v1 W W J co V D N N N IA N N W N N N N" N N A LJ fj 7NA NQN►- N V N W Va amlp P V W V N Q1 P A V J P co 71 V r ID W V V V r+ 1 N N N r a N N IA A N IA .s N tD U1 I ': TW 0l N V N W -4 b. Pm cn IAN V W Co P A V .7 P CO CI V 1-- V U1 to U1 W W ID CD V V V N N to N N N N N N N > N W N N A N to N N (fi N N I.71 I G7 V---T N►�O� W rP .sr U1N W mz aPm � avN co E) AV m W •'SAN tTV I m a tD M V V V r A r N N a .A, C1 i J� fG/ r N Ul Ln 9 (-iJI W W p i-- U U1 Ln U1 f.7 V to m O i m a > co [ o > C1 > 0 M m m +� «. r .7 n uo :N *f m a r > _ > - - a m m m U LJ W W W W r Un 0% M Q1 1 I mmvc-) >a I mc7(m� -� xm> =W x(D> xm> ma xa> r =3- -Climo m x / m x .-1 -n -4 x H C N -i xm =(!1 W a ^Jba N N N N N N U) N N 0 N •D C7 a :'7 x N N ► N N r N W /A W �••� N A N N A I x --1 .- _ a aY�D i$%YJ mYm lD .-m ma.N I OMI Q+ i'����_•. �(ND(n W OAN W AN L.) Ln NQ1r ' UN7 L'' .41 0 W W lD W A -+ T V A O A LA V N Q) m a m N m N N r Cn J W V V N Ql UI V N N UI •- j --1 '+1 0 3 m n m n 1n m m 0 �� m •.�N W �.nW �-NA N NA V Na --I «. C' T r2 :D UlW W LA V M JN .V mw W CD T W �- 'D m A Cn V N 01 T V O — w J Ln lD U1 W Q1 CA V N N U1 L. W W N O !'7 Uf N �•- N W N A N N .� N (A A U N A L7 N A T VI W N cn N V N V A T.AB T (Dm VNT T m V aQJm -- (P T T N N N Ln U1 w W W co J W N N 0 •A N N N N N •J 'D -- N W N N A N b A N W W B T Q1 A N V N W V A .'a m CD lT l9N C1 V W CD s V ?DDCD J112 © (D co B a UI Li w tD T V J V r A 111 U1 N N lQ N N 1D � .n � N ID A N 1A U1 �7 r N r r 1f N �-- Q� CJ ►•- m d .- .--W V lD Vm W V A co CD Q1%DN J V W N UI m A m in Q1 V ►- � V UI TAB a AN tDm V J V r 9►-N L7 ! 7 N UI N .n ID N N N 1D > J1 W N N A N N A N N N N UI 0 G7 p r V W r J W ►•- m -a �-- �-- UI N W ! m x mA(it m Wm Amm a)WhJ a) 0) m= W N A CD a1 V r .'a V Ln V V— i 9 V tD 01 m N N V V� O 1-- N N m A Q1 i To: From: - C2TY OF SOUTH MX2&M= INTER - OFFICE MEMORANDUM Mayor and City Commission m�Hampton City Man ger Background: Date: April 29, 1994 Re: 5/3/94 Commission Agenda - Item #16 Removal of Distance Requirements Alcoholic Beverages The current distance requirements between establishments that serve alcoholic beverages precludes any new establishment from obtaining a license for on- premises consumption within the Hometown District. From discussion with many restaurateurs, the financial feasibility of any new establishment is very limited by such regulations which prohibit the sale of alcoholic beverages (especially, wine and beer) which usually subsidizes food sales. Removal of the distance requirements between establishments will foster and encourage development in the Hometown District of new restaurant uses and the resulting economic activity associated with these establishments. Once again the City demonstrates its willingness to remove burdensome regulations and cooperate with the business community in the promotion and economic rejuvenation of our downtown, as envisioned in the Hometown Plan. Recommendation: 1. Advantage to City: The removal of artificial distance barriers for alcohol beverage businesses may create more walk about activity in the Hometown District which will benefit our retail stores. 2. Disadvantages to city: None 3. This Ordinance is sponsored by Mayor Carver. 4. This Ordinance amends Section 4 -2(A) of the City Code. WFH:er ,mimh bcy NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SUBSECTION 4 -2(A), OF THE CODE OR ORDINANCES, PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES, TO ELIMINATE THE 500' DISTANCE REQUIREMENT BETWEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 300' DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted Ordinance Number 128, section 2, on September 24, 1940, and the ordinance has been amended various times, to provide for the regulation of the manufacture, sale and distribution of alcoholic beverages; and, WHEREAS, the restrictions are codified in the Code of Ordinances as Section 4 -2; and, WHEREAS, Subsection 4- 2(a)(3) provides distance limitations between licensed establishments and other land uses; and, WHEREAS, the distance limitations prohibit the location of nightclubs, bars and lounges within 500' of each other, and it prohibits the location of licensed restaurants within 300' of each other; and, WHEREAS, the Mayor and the City Commission find that it is desirable to eliminate the referenced distance limitations for nightclubs, bars, lounges, and for restaurants located in retail and commercial zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The distance matrix that is incorporated by reference into Paragraph (3) of Subsection 4 -2(a) is amended as follows: In the columns for the categories for Restaurants, Bars /Lounges and Nightclub delete the spacing requirements in their entirety. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY bev.ord , day of_ APPROVED: MAYOR , 1994. 4.2 SOUTH MIAMI CODE § 4.2 sasn 8urru10Ju00uoN sja;lsuq so.rojs affuyoud sjax.rururadn S - .. aJOjs �JaoOJ� gnloj q�;r� sa8unol/sJEg SjrluJnBjSa� lerjcraprsa� o° o c o to Wn to to loogos Jo gojn qj o to to vl� to Wn to c H o � oc as z C7 cn a C7 z Supp. No. 46 48 i C =TY OF SOUTH MX2!&M2 © INTER- OFFICE MEMORANDUM To: Mayor and Cit mn[ission Date: April 28, 1994 From: illiam kF. Hampton Re: 5/3/94 Commission Agenda City Maliager Item #_17 Games of Chance For Fund Raising - Non - Profit Organizations Non - profit organizations have traditionally employed games of chance for fund raising events. The profits from this activity are used to further services to the Community. The existing City Code does not permit such activity. 1. Advantage to City: Non - profit organizations will be able to sponsor games of chance for annual fund raising events. 2. Disadvantages to city: None This Resolution is sponsored by Commissioner Cunningham. 4. This Resolution amends Section 15 -30 of the City Code. WFH:er ,:per /7 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY Cpl►QQSSION OF THE CITY OF SORTS MIAMI, FLORIDA AMENDING SECTION 15 -32, OF THE CODE OR ORDINANCES, PROVIDING FOR GAMES OF CHANCE, TO ALLOW GAMES OF CHANCE WHEN HELD AS A FUND RAISING EVENT FOR NOT FOR PROFIT ORGANIZATIONS, ONE TIME A YEAR ONLY, WHEN ISSUED A PERMIT BY THE CITY MRAGBR; PROVIDING FOR SEVHRABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted Section 15 -32, entitled Games of Chance, by Ordinance Number 297, on April 20, 1954; and, WHEREAS, the ordinance prohibits not for profit organizations from conducting games of chance in fund raising events; and, WHEREAS, there are many worthwhile organizations within the City of South Miami which are not for profit and which depend on annual fund raising events in order to provide services to the community; and, WHEREAS, it is the desire of the Mayor and the City Commission to allow these organizations to employ lawful games of chance during annual fund raising events. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SORTS MIAMI, FLORIDA: Section 1. Section 15 -32 of the Code of Ordinances is amended as follows: It shall be unlawful for any person in the city to play or engage in any game of cards, dice, roulette, fare, bolita or any other game of chance, whether related to the above enumerated games or not, by any device whatsoever, for money or other thing of value. It shall not be unlawful for any not for profit organization that is currently exempt from the payment of federal income taxes to employ a game of chance in connection with a fund raising event; provided, that (I) the game of chance is otherwise lawful under Florida and federal law; (2) the funds raised by the event are committed to a bona fide community facility or service:, (3l the event occurs not more than one time in any calendar year; and. (4) the organization applies for and is issued a permit by the City Manager prior to the event. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Lundrsq.osd day of , 1994. APPROVED: MAYOR TO: Mayor and Commission FROM: City Clerk RE: Agenda items from Commissioner Cunningham DATE: April 28, 1994 The attached resolutions will be brought from the floor by Commissioner Cunningham at the request of South Miami Alliance for Youth at the Commission meeting of May 3, 1994. /rjw attachments cc: City Manager City Attorney RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, EXPRESSING SUPPORT OF MEASURES NECESSARY TO BUILD AND CONSTRUCT A COMMUNITY YOUTH /ADULT ACTIVITIES CENTER. WHEREAS, The City Commission of the City of South Miami is supportive of measures to promote and provide a wholesome and balanced environment for its citizens, adults and youth; and WHEREAS, community relations, cohesiveness and involvement form a solid foundation within the Hometown Concept in order to make a difference in youth crime, homelessness, teen pregnancy and drug abuse; and WHEREAS, the City of South Miami has a long- standing need for a facility that will facilitate a wide variety of activities, services and programs designed to address the aforementioned concerns; and WHEREAS, such a facility would further enhance and develop the existing parks and recreation system as well as raise the standard of living of the citizens of South Miami. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commissioner of the City of South Miami, Florida, expresses support of measures necessary to build and construct a community /youth activities center. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: NEIL CARVER, MAYOR ROSEMARY WASCURA, CITY CLERK RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING MEASURES TO UPGRADE AND REDEVELOP THE CITY'S PARKS AND RECREATION SYSTEM. WHEREAS, the City of South Miami's Parks and Recreation Department has long served the common recreational and social interests of its citizens and the youth of the community; and WHEREAS, this park and recreation system has long maintained the high standards in its operation and achievements which form an incentive for cultural and community, enhancing bonding among the residents; and WHEREAS, outside factors, which include normal depreciation, increased crime, increased social biases, ineffective operational functions and changing times, as well as changing needs, have eroded the effectiveness of the existing recreational system and have resulted in the deterioration of the existing facilities; and WHEREAS, this depreciation and deterioration further compound existing safety related concerns, i.e. sanitation, rain and lightning, crowd control and containment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission of the City of South Miami is supportive of definite and time certain measures to upgrade and redevelop its existing parks and recreation system so that it may better meet the needs of today and the challenges of the future. PASSED AND ADOPTED this ATTEST: ROSEMARY WASCURA, CITY CLERK day of May, 1994. NEIL CARVER, MAYOR April 5, 1994 Dade County Board of Metro -Dade Center 111 NW First Street Suite 220 Miami, Florida 33128 FLORIDA DEPARTMENT OF STATE Jiro Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building 500 South Bronough Tallahassee, Florida 32399 -0250 Director's Office Telecopier Number (FAX) (904) 488 -1480 (904) 488 -3353 County Commissioners Re: Reuse of Antique Cuban /Spanish Roof Tile on Structures Which Bore This Material When Originally Built Dear Commissioners: I am writing to confirm the support of this office for the philosophy and execution of salvaging and reusing antique roof tiles on historic buildings. These tiles, which were brought to South Florida from Cuba in the formative period of Dade and Broward Counties have long served as substantial roof covering and can be expected to continue to do so. Historic preservation is founded on the principal that historic building fabric can and should be retained in the process of building rehabilitation. Indeed, we define rehabilitation "as the process of returning a property to a state of utility through repair or alter4tion which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values." The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings which is the national guide for these matters, states in its introduction, In terms of specific project work, preservation of the building and its historic character is based on the assumption that (1).the historic materials and features and their unique craftsmanship are of primary importance and that (2), in consequence they will be retained, protected, and repaired in the process of rehabilitation to the greatest extent possible, not removed and replaced with materials and features which appear to be historic, but which are - in fact - new. The tiles in question, therefore, from the historic preservation standpoint, should be reused as often as possible in the re- roofing of Archaeological Research Florida Folklife Programs Historic Preservation Museum of Florida History S 0 Dade County Board of County Commissioners April 5, 1994 - Page two buildings previously employing them as a covering. We support the use of stringent application methods to insure their stability during high winds. We believe it important to note the small failure rate of these tiles during hurricane Andrew due to their superior qualities. In sum, we urge all of those who are reviewing the decision as to whether to consider the reuse of these antique tiles appropriate, to give considerable weight to their past performance and to the aforesaid preservation philosophy, which encourages the retention of original materials. Very truly yours, Walter S. Marder, AIA Preservation Architect J J -94 -172 3/17/94 z ' = =V RESOLUTION No. 94— 16 5 A RESOLUTION OF THE CITY OF MIAMI COMMISSION URGING THE DADE COUNTY COMMISSION TO AMEND THE SOUTH FLORIDA BUILDING CODE TO EXEMPT HISTORIC CUBAN TILE FROM THE TESTING AND PRODUCT CONTROL REQUIREMENTS OF THE CODE FOR STRUCTURES WHICH HAD THIS HISTORIC MATERIAL APPLIED WHEN ORIGINALLY CONSTRUCTED AND TO OTHERWISE GENERALLY ENCOURAGE ITS SALVAGE AND REAPPLICATION TO SUCH STRUCTURES; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING TO FORWARD A COPY OF THIS RESOLUTION TO JOAQUIN AVINO, DADE COUNTY MANAGER, AND MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS. WHEREAS, the roof treatment represents one of the most signifioant charaoter- defining features of the Mediterranean Revival Style of arohiteoture so popular in South Florida, and espeoially in the historio distriots of the City of Miami, during the 1920's and 1930'x; and WHEREAS, the developers and arohiteots, both during the real estate boom era of the mid to late 1920's, and oontinuing through the 1930'x-, utilized antique handmade olay barrel tile; and WHEREAS, as reoently reported by the Miami Herald (Home 9 Design, Sunday, January 23, 1994), this tile has been historioally dooumented to be almost three oenturies old; and CrrrT COKMMON MEETING OF MAR 2 4 1994 Remaudw N& 94— 165 WHEREAS, many of the structures built in the City of Miami during the 1920's and 1930's still have their original roof treatments, making their installations well over 60 years old; and WHEREAS, as a result of Hurricane Andrew, and the availability of insurance proceeds, many unknowledgable owners and contractors are tragically discarding and replacing historic Cuban the without any consideration for salvage and reapplication, as occurred most notably this year to the historic Nunilly mansion in the Morningside Historic District; and WHEREAS, except in the case of " historio buildings" defined under Section 104.10 of the. South Florida Building Code (hereinafter the "SFBC "), i.e., locally or nationally designated historio properties, which are few, owners who would otherwise wish to salvage and reapply historio Cuban tile are technically unable to do so because of the testing and product control requirements for roof the contained in Chapter 34 of the SFBC, which does not provide for ans exceptions; and WHEREAS, historic Cuban tile, when applied and installed as otherwise provided in the SFBC onto structures which utilized this unique roofing material when originally constructed has, more than amply proven itself through the test of time, justifying an exemption from the strictures of testing and product control presently required of other new barrel roof the of contemporary manufacture; and WHEREAS, the needless discarding of historic Cuban the is resulting in a significant lose to the historic and architectural heritage of the City of Miami, and Dade County in general; and WHEREAS, the preferred means of roof restoration or rehabilitation is salvage and reapplication of historic Cuban tile that replicates the original installation; and WHEREAS, the Historic and Environmental Preservation Board has recommended that this Commission adopt a Resolution requesting the Dade County Commission to amend the South Florida Building Code in this manner and to communicate the position of the City of Miami to the Dade County Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City of Miami Commission hereby urges the Dade County Commission to amend the South Florida Building Code to exempt historic Cuban the from the product control and testing requirements of said Code, and to encourage the salvage and reapplication of such tile, for structures which were originally constructed with this material. Section 3. The City Manager is hereby directed to instruct the Director of the Planning, Building and Zoning Department to forward a copy of this Resolution to Joaquin Avino, Dade County Manager, and members of the Board of Count'7 Commissioners. Section 4. This Resolution shall become effective immediately upon its adoption. °4- 165 I PASSED AND ADOPTED this 24th day of March 1994. S PHEN P. CUftM. MAYOR, ATT MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: JIILIB ?BeRU- ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A .' QTJrXN J S , III CITY ATTO JOB:kd:oe :X4190 94- 165