06-09-92OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
June 9, 1992
7:30 p.m.
Next Resolution:
Next Ordinance:
Next Commission Meeting: 6/21/92
A.
Invocation
B.
Pledge of Allegiance to the Flag of the United
States
of America
C.
Presentations
D.
Items for Commission Consideration:
°►
1. Approval of Minutes: June 2, 1992
2. City Manager's Report
3. City Attorney's, Report
ORDINANCES - 2ND READING AND PUBLIC HEARING:
None
RESOLUTIONS FOR PUBLIC HEARING:
None
PP'Znl IITIONS'
4.
0
5.
0
,5-,o
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida,. appointing Deana Gonzalez as a member
of the Personnel Board of the City of South Miami, to serve
in such capacity until June 1, 1993, or until a successor is
duly appointed and qualified, whichever pccurs first.
—— Rayor-) 3/5
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Administration to
execute a contract for demolition of an unsafe structure at
5738 SW 53rd Terrace, South Miami, Florida with Miguel Rodriguez
Demolition for a total cost not to exceed $1,300.00 as detailed
in the attached proposal and 'charging the disbursement to
account number 2100 -5510 "General Contingency Fund."
(Administration) 3/5
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to enter
into a contract with Hedg -Peth & Gallaher Inc., for real
property appraisal services for the _North three acres of South
Miami Field at 6100 SW 67 Avenue, South Miami, Florida, for a
sum not to exceed $3,500.00; charging the disbursement to
account number 2100- 5510 "Non - Departmental Expenses - General
Contingency Fund."
(Administration) 4/5
k
I
REMARKS:
Fabio Arber, Location Manager for KD Productions, 6600 SW 57 Avenue,
Suite 105, South. Miami, FL 33143 to discuss overnight parking for
the company's production vehicles and trucks �'at their office location
on Mr. Anthony Abraham's property.
J,
DEFERRED AND /OR TABLED:
None
You are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which appeal is based.
Lit
�Q/
7.
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving the final drawings prepared
5_0
by Hatcher, Zeigler and Gunn for the renovation of the City's
Public Works Facility and the City's Police Department Facility.
(Administration) 3/5
8.
A Resolution of the Mayor and City Commission of the City of
South, Miami, Florida, authorizing the City Manager to disburse
the sum of $402.25 representing ,fees incurred for legal re-
,� ®
presentation and conference with RTC Officials by Gregory
Borgo,gnoni of Ruden, Barnett ETAL, regarding the Bakery Centre
application charging the disbursement to account number 2100 -
49'10:' "Comprehensive Special Attorney."
o v� (Administration) 3/5
9.
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $1,422.12 representing fees incurred for legal services
by Gregory Borgognoni of Ruden, Barnett ETAL, in the case of
Mandelstam vs. City of South Miami and Gomez vs. the City of
South Miami (including Court reporting fees in connection with
this case) and charging the disbursement to account number 2100 -
4910: "Comprehensive Special Attorney."
(Administration) 3/5
ORDINANCES - FIRST READING.:
aA)-\_ov,-&ck •r2
10.
An Ordinance of the City of South Miami, Florida, revoking the
existing Chapter 11 Garbage and Trash of the Code of Ordinances
of the City of South 'Miami, Florida, and enacting a new Chapter 11
2
"Sanitation Regulations;" providing for severability; ordinances,
-in conflict; and an effective date.
(Administration) 3/5
REMARKS:
Fabio Arber, Location Manager for KD Productions, 6600 SW 57 Avenue,
Suite 105, South. Miami, FL 33143 to discuss overnight parking for
the company's production vehicles and trucks �'at their office location
on Mr. Anthony Abraham's property.
J,
DEFERRED AND /OR TABLED:
None
You are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which appeal is based.
Lit
�Q/
b,
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING DIANA':GONZALEZ
AS A MEMBER OF THE PERSONNEL BOARD OF THE CITY OF SOUTH
MIAMI, TO SERVE IN SUCH CAPACITY UNTIL JUNE 1, 1993, OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED,
WHICHEVER OCCURS FIRST.
WHEREAS, there presently exists a vacancy on the Personnel
Board of the Citv of South Miami, Florida; and
WHEREAS, it is therefore necessary to appoint a member to
that Board; "
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
Section 1. That DIANA GONZALEZ be, and hereby is, appointed
as a member of the Personnel Board of the City of South Miami,
Florida, to serve in such capacity until June 1, 1993, or until a
successor is duly appointed and qualified, whichever occurs
first.
PASSED AND ADOPTED this th day of June, 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
I MP-
t
�1
h L
Dr. and Mrs. Warren G. Burchell
5400 S.W. 63 Avenue
South Miami, Florida 33155
zr sue° -,-�,
0AY 2
4 %Y MANAGER s OF:Frr�
DS�j •
1
e,
7X Id..,A
5747 S.W. 82 Street
South Miami FL 33143
May 26, 1992
Mr. William F. 'Hampton
City Manager
City of South Miami
6130 Sunset Drive
South Miam4, FL 33143
Dear Mr. on:
Please accept this letter as confirmation of my resignation
from the City of South Miami Planning Board. Furthermore, as
we discussed, if it is the will of the City administration and
the City Commission for me to serve on the Personnel Board I
would be happy to continue to serve the City in that capacity.
I look forward to hearing from you in this regard.
Sincerely,
4
I i t.
ana M. Gonzalez
No 26
'T
7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
ADMINISTRATION TO EXECUTE A CONTRACT FOR DEMOLITION OF
AN UNSAFE STRUCTURE AT 5138 SW 53rd TERRACE, SOUTH
MIAMI, FLORIDA WITH "MIGUEL RODRIGUEZ DEMOLITION FOR A
TOTAL COST NOT TO EXCEED $ lr300.00 AS DETAILED IN THE
ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 2100 -5510 "GENERAL CONTINGENCY FUND ".
WHRREAS, the City Administration has determined that the
siingle family structure at 5738 SW 53rd Terrace, South Miami,
Florida. is an unsafe structure and thus constitutes a danger to
public health and welfare; and
WHEREAS, the Administration has now obtained the attached
proposal from Miguel Rodriguez Demolition, for a total Cost of
3 1, 300.00 as detailed therein pursuant to the following govern-
meat bid: Dade County no. 59232276;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Administration be, and hereby is,
authorized to execute a contract with Miguel Rodriguez Demolition
for the demolition of the single family structure at 5738 SW 53rd
Terrace, south Miami, Florida, for a total cost not to exceed
$ 11300.00.
Section 2. That the disbursement be charged to account no.
2100 -5510 "General Contingency Fund ".
-PASSED AND ADOPTED this daffy of June,, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
A
C
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH HEDG- PETH'&
GALLAHER INC. FOR REAL PROPERTY APPRAISAL SERVICES FOR
THE NORTH THREE ACRES OF SOUTH MIAMI FIELD AT 6100
S.W. 67TH AVENUE, SOUTH MIAMI, FLORIDA, FOR A SUM NOT
TO EXCEED 3,500.00; CHARGING THE DISBURSEMENT TO
ACCOUNT NCI. 2100 -5510 "NON - DEPARTMENTAL EXPENSES
GENERAL CONTINGENCY FUND ".
WHEREAS, the Dade County School Hoard initially shared the
north three acres of South Miami Field with the City of South
Miami upon the basis of School Board use during school hours and
City use thereafter; and
WHEREAS, thereafter the School Board erected structures on
the field, such that shared use was no longer possible; and
WHEREAS, the School Board therefore has appraised the
property as a precedent to making the City an offer to purchase
the property; and
WHEREAS, the City Administration requests authorization to
hire an independent appraiser in order to properly evaluate the
School Board offer;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to enter into a contract with Hedge -Peth & Gallaher
Inc. for Real Property Appraisal Services for the north three
acres of South Miami Field at 6100 S.W. 67th Avenue, South Miami,
Florida, for a sum not to exceed $3,500.00.
SectiQnl2. That the disbursement be Charged to account no.
2100 -5510, "Non - Departmental. Expenses General Contingency Fund ".
6
MAYOR
ATTEST:
CITY CLRRK - --
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE FINAL
DRAWINGS PREPARED BY HATCHER, ZEIGLER AND GUNN FOR THE
RENOVATION OF THE CITY'S PUBLIC WORKS FACILITY AND THE
CITY'S POLICE DEPARTMENT FACILITY
WHEREAS, the City Administration has now received proposed
final drawings from the firm of Hatcher, Zeigler and Gunn for the
renovation of the City's Pubic `Works 'Facility and the City'a
Police Department Facility; and
WHEREAS, the Administration now requests a determination by-
the City Commission as to the acceptability of these drawings;
NOW, THEREFORE, BE IT RESOLVRD BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1, That the City Administration be, and hereby is,
authorized to accept the propoi5ed final drawings of Hatcher,
Zeigler and Gunn for the renovation of the City's Public Works
Facility and the City's Police Department Facility.
PASSED AND ADOPTED this day of June, 1992.
APPROVED:
MAYOR — -
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
k
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 $402.25 REPRESENTING FEES
INCURRED FOR LEGAL REPRESENTATION AND CONFERENCE WITH RTC
OFFICIALS BY GREGORY BORGOGNONI OF RUDEN, BARNETT ET AL,
REGARDING THE BAKERY CENTRE APPLICATION CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 2100 -4910: "COMPREHENSIVE
SPECIAL ATTORNEY."
WHEREAS, by Resolution number 75 -90 -9102 passed May 22,
1990, the City Commission authorized the employment of Gregory
Borgognoni of Ruden, Barnett, et al; and
WHEREAS, the City has now received an invoice for legal
service rendered pursuant to the aforesaid Resolution regarding
the Bakery Centre application for the period ending May 10, 1992
for a total of $402.25
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 $402.25 to Gregory Borgognoni of Ruden,
Barnett, et al for legal services rendered regarding the Bakery
Centre application.
Section 2. That the disbursement be charged to account
number 2100 -4910: "Comprehensive Special Attorney."
PASSED AND ADOPTED this day of June 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
19 CITY ATTORNEY
Client No. CI18371
FEDERAL ID# 59- 1307357
RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ATTORNEYS AT LAW
200 EAST BROWARD BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive May 10, 1992
Miami, Florida 33143 Invoice No. 202150
FOR LEGAI, SERVTCF.S RENDERED IN CONNECTION WITH
le No. 6
kery Center.
07/92 G. Borgognoni 2.2 385.00 Meeting with William Hampton; conference
with RTC Officials.
TOTAL HOURS 2.2
TOTAL FOR SERVICES $385.00
DISBURSEMENTS
Photocopies 4.50
IBC Messenger Service 12.75
DISBURSEMENTS TOTAL $17.25
TOTAL $402.25
,fir •, :.
'.QJ' .._......, it.
MAY 15 1992
. A� SCE C-
INVOICES RENOEREO EY THE FIRM ARE'OtIE AND P AMS UPON THEIR RECEiPf, ON THE FIRST OAY OF EACH MONTH THE RM ANCE OF ANY
INVOKE HENONIFORMOMTHANONEMMONTH04AL1 11311111CIII, Iii
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 $1,422.12 REPRESENTING FEES INCURRED
FOR LEGAL SERVICES BY GREGORY BORGOGNONI OF`RUDEN, BARNETT
ET AL, IN THE CASE OF MANDELSTAM VS. CITY OF SOUTH MIAMI
AND GOMEZ VS. THE CITY OF SOUTH MIAMI (INCLUDING COURT
REPORTING FEES IN CONNECTION WITH THIS CASE) AND CHARGING
THE DISBURSEMENT TO ACCOUNT 'NUMBER 2100 -4910:
"COMPREHENSIVE SPECIAL ATTORNEY."
WHEREAS, by Resolution number 75 -90 -9102 passed May 22,
1990, the City Commission authorized the employment of Gregory
Borgognoni of Ruden, Barnett, et al; and
WHEREAS, the City has now received invoices regarding
Mandelstam et al vs. the City of South Miami and Gomez vs. City
of South Miami for legal services rendered by Gregory Borgognoni
of Ruden, Barnett, et al pursuant to the aforesaid Resolution,
for the period ending May 10, 1992 for a total of $1,422.12.
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 $1,422.12 to Gregory Borgognoni of Ruden,
Barnett, et al for legal services rendered in Mandelstam's
appeal vs. City of South Miami and Gomez vs. City of South Miami.
Section 2. That the disbursement be charged to account
number 2100- 4910: "Comprehensive Special Attorney."
PASSED AND ADOPTED this day of June 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Client No. CI18371
FEDERAL ID#5 &1307357
RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER &RUSSELL, P.A.
ATTORNEYS AT LAW
200 EAST BROWARD BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
CITY OF SOUTH MIAMI, FLORIDA 6
City Hall .. May 10, 1992
6130 Sunset Drive Invoice No. 202151
Miami, Florida 33143
rEi'N,i vl.E I-._
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No. 7
adv. Mandelstam.
04/06/92 K. Klein
04/13/92 B. Juza
04/13/92 K. Klein
04/14/92 B. Juza
04/14/92 K. Klein
04/15/92 K. Klein
04/17/92 K. Klein
04/20/92 K. Klein
.1
.5
.1
.6
.3
.2
.2
.7
04/20/92
G.
Borgognoni
2.1
04/23/92
K.
Klein
.2
04/24/92
K.
Klein
.1
04/25/92
K.
Klein
.4
04/27/92 K. Klein
04/28/92 K. Klein
.1
.5
13.50 File review.
42.50 Telephone call to Appeals clerk regarding
Record on Appeal; conference with Kenneth
Klein.
13.50 Conference with Barbara Juza.
51.00 Telephone calls to Appeals Clerk; telephone
calls to; Third - District Clerk; memorandum
to Kenneth Klein.
40.50 Conference with Barbara Juza; review memo.
27-00 Conference with Greg Borgognoni, Esquire.
27.00 Conference with Greg Borgognoni, Esquire;
telephone conference with the office of
Stanley Price.
94.50 Telephone conference with Stanley Price;
prepare Motion for Extension of Time;
prepare memo to Greg Borgognoni, Esquire,.
367.50 Revise memo; reserach regarding effect on
appeal rights.
27.00 Review correspondence from Stanley Price.
13.50 Telephone conference with Stanley Pric'e.'
54.00 Review Appellees' Response to Motion for
Extension of Time and Order of Third DCA;
prepare memo to Greg Borgognoni, Esquire',.
13.50 Telephone conference with Greg Borgognoni;
telephone conferencelwith Martin Berg.
67.50 Review Motion to Dismiss.
TOTAL HOURS 6.1
TOTAL FOR SERVICES
$852.50
THE 19W W of EACM &MI N`n1E?RALMM CF gun
t
s
Client No. CI18371
FEDERAL ID# 59- 1307357
RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ATTORNEYS AT LAW
200 EAST BROWARD BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
CITY OF SOUTH MIAMI, FLORIDA
.Page 2
May 10, 1992
adv Mandelstam
DISBURSEMENTS
Photocopies 7.25
Clerk of the Circuit Court 78.00
DISBURSEMENTS TOTAL $85.25
TOTAL $937.75
4
3
Client No. CI18371
FEDERAL ID# 59- 1307357
RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ATTORNEYS AT LAW
200 EAST BROWARD BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
CITY OF SOUTH MIAMI, FLORIDA
City Hall May 10, 1992
6130 Sunset Drive Invoice No 202152
Miami, Florida 33143
FCR LEGAL SERVIC'E'S RENWDERED IN CONNECTION v'vITH
ile No. 9
Iv. Gomez.
/23/92 K. Klein .3 40.50 Review pretrial catalogue filed by plaintiff;
review Order of Pre -Trial Instructions.
/24/92 G. Waldman 1.5 202.50 Prepare Motion for Extension of Time to File
Pre -Trial Catalogue; conference with opposing
counsel; draft correspondence to opposing
counsel.
/27/92 K. Klein .2 27.00 Telephone conference with Greg Borgognoni,
Esquire; telephone conference with
J. Fletcher; prepare letter to John Fletcher.
TOTAL HOURS 2.0
TOTAL FOR SERVICES $270.00
DISBURSEMENTS
Long Distance Telephone Calls 2.92
Photocopies 9.75
DISBURSEMENTS TOTAL $12.67
TOTAL $282.67
15
FINANCE DrL
INVOKM #NME M er TM FM AFE ouE AM PAORe UPM TmR REcwr oN nm FwW car of EWH WWM THE eAuwcE OF Awr
RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ATTORNEYS AT LAW
BOCA RATON 701 BRICKELL AVENUE
NAPLES
FORT LAUDERDALE SUITE 1900
SARASOTA
MIAMI BEACH MIAMI, FLORIDA 33131
TALLAHASSEE
(305) 789 -2700
BROWARD LINE (305) 763 -2311
WRITER'S DIRECT DIAL NUMBER
FAX (305) 789 -2793
(305) 789 -2790
April 27, 1992
Mr. William F. Hampton, Manager
City of South Miami
6139 Sunset Drive
South Miami, Florida 33143
Re: Rogelio Gomez and Olga Gomez v. City of South Miami
Case No. 91 -53651
Dear Bill:
Enclosed please find a copy invoice number 10/82588 dated
April 6, 1992, in the amount of $201.70, from H. Allen
Benowitz & Associates in connection with the above referenced
matter. Due to the amount of this bill we are requesting that
you pay it directly. Our new office, policy only allows us to
advance amount of under $150.00.
If you have any questions please contact me.
GPB /Lvh /975
Enels.
i
19
STATEMENT
' umam aoa 373-999
DEPOSITIONS H. - -__— ---- �-z & Associates, '—- Inc. FAX: (mm)3m8-mm
COURT HEARINGS
REGISTERED PROFESSIONAL aapmaxEm �--�--
mosuTxps HOLLYWOOD
ELECTRONIC EDITING - '--''—'~-'^`~^ WEST PALM BEACH
vr000 100 C ~ 46 S.W. 1st '
omrorsnroxNocoIPonm ��}��[.��OIDD/\3��VO �w���"~~� cmpLoYoaI.o.NO.
LITIGATION SUPPORT ------- »9-14x11yr
'
GREGORY BORGOGNONI, ESQ.
RUDEN, BARNETT, MCCLOSKY, �MIT�, (M)
8CHUSTER &
RUSSELL, 1D. A.
701 BRICKELL AVENUE '
19TH FLOOR
MIAMI, FL 33131
Statement of Acco^nt as of 04/06/92
�3/17/92 10/82588 GOMEZ` �OGEL[O V. CITY OF �OUTH MIAMI
Current Over 30 Over 0 Over 90
201.70 0.00 0.00 0.N271
6
����
0
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
REVOKING THE EXISTING CHAPTER 11 GARBAGE AND TRASHII
OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
FLORIDA, AND ENACTING A NEW CHAPTER 11 °SANITATION
REGULATIONS;" PROVIDING FOR SEVERABILITY ORDINANCES
IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the `1tv of :south Miami, Florida has heretofore
e-nacted a Code of Ordinances, which in Chanter 11 thereat provides
cor :he :eaulation of carbaae and trash; and
WHEREAS. since the last codification in
=hanaes n '7tate i.aw and 'tunicinal cractice
,eaulation Int crarbaae and *_rash: and
1970, substantial
have iff ected the
WHEREAS. the Mayor and City Commission therefore wish to amend
the Citv's Code of Ordinances to provide ;.or these changes in law and
aractice:
:IOW. THEREFORE, BE :,T ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The existing Chanter 11 "Garbace and Trash" of the
Code of .Ordinances of the City of South Miami, Florida be, and the
same hereby is, deleted in its entirety and the attached Chanter 11
"Sanitation Regulations" be, and hereby is, enacted.
Section 2. If any section, clause. sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holdinq shall in no
affect the validity of the remaining portions of this Ordinance.
Section -3. All Ordinances or parts of Ordinances in conflict
herewith be, and the same are, hereby repealed.
Section 4. This ordinance shall take effect immediately at the
time of its passage.
- AS�E:� -ND ADOPTED
`;pis _h tiav Df
APPROVED:
'iAYOR
ATTEST:
BEAD AND - ;PROVED AS TO FORM:
(2ITY ATTORNEY
CHAPTER 11
SANITATION REGULATIONS
SECTION 11 -1: DEFINITIONS
The following words and phrases when used in this Chapter shall
have the meaning ascribed to them in this section.
a) CITY MANAGER - shall mean the chief executive officer and
head of the administrative branch of the City or his duly
authorized agent or representative. '
b) GARBAGE - is animal and vegetable waste resulting from
handling, preparing, cooking and serving foods. It
originates primarily in kitchens, stores, markets,
restaurants, and hotels. Composed largely of putrescible
organic matter and its natural moisture content. When
carelessly stored, garbage often becomes a source of food for
rats and other vermin and a breeding place for flies.
c) WASTE CONTAINER - is a container made of galvanized metal,
durable plastic or other similar material capable of
containing garbage, with a capacity of not less than twenty
(20) gallons and not more than, thirty -two (32) gallons and
having the following characteristics: (1) At least two
handles upon the sides or a bail by which it may be lifted.
(2) Sufficient strength for workmen to empty conveniently.
(3) A tight - fitting metal or plastic top with handle, and
constructed to permit the free discharge of its contents.
d) WASTE BAG - is a polyethylene or other heavy -duty plastic
bag, which meets the National Sanitation" Foundation standard
for thickness, 1.5 mills, has a capacity not to exceed
thirty -two gallons, and has a securing mechanism.
4
U
recyclable bottles, non recyclable cans, sweepings and all
other accumulations other than garbage, which are usual to
housekeeping and to the operation of stores, offices and
other business places.
f) YARD TRASH - shall mean leaves, grass cuttings, tree
branches, twigs and tree cuttings. Hedges and tree
trimmings, old flowers and weeds, shrubbery and vines.
g) RECYCLABLE MATERIAL - shall mean any commission designated
material which is capable of being recycled and which,' if
not, would be processed and disposed of as solid waste. The
term ^'recyclable material" shall include green glass, brown
glass and clear glass aluminum and specified plastic
containers, newspaper, phone books.
h) RECYCLING CONTAINER - is a plastic receptacle furnished by
the City only for the purpose of containing recyclable
material as described in Section 11 -1g.
i) LITTER shall mean any form of solid waste that is
indiscriminately deposited on the public right -of -way or
private property.
j) BULKY WASTE WHITE GOODS shall mean discarded furniture,
appliances such as, stoves, water heaters, dryers, bathtubs,
sinks and--any other like items, refrigerators, washing
machines, sofas, chairs, mattresses, and other large items
that may require special handling at the home owners cost.
k) HAZARDOUS WASTE REQUIRING SPECIAL HANDLING - shall mean solid
waste materials which, because of its physical, chemical
infectious, explosive, radioactive, or toxic nature,
requiring specialized handling for safe disposal by licensed
private haulers.
s
1) SOLID WASTE - shall mean garbage, gash, hazardous waste,
or other discarded material, including solid, liquid, semi-
so lid, or contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural or governmental
operations.
SECTION 11 -2: COLLECTION IN THE CITY
All garbage, trash and waste accumulated within the City limits
shall be collected, conveyed, and disposed of by and through the
Department of Public Works of the City or a private licensed
waste collection firm. Private waste collection firms must
supply the City with certification of disposal, in approved land
fill sites each month.
SECTION 11 -3. PERMIT REQIIIRED FOR
a)
COLLECTION AND DISPOSAL;
REGULATION OF LICENSEES.
No person, firm or corporation shall, for a fee, collect,
transport or dispose of any solid waste item within the City
limits without a permit issued by the City. The permit shall
be issued by the City Manager only after determination that
the licensee is capable of complying with the requirements of
this chapter and with all other governing laws and
ordinances, and is subject to suspension or revocation in the
event such regulations and laws are not complied with. The
City shall receive a permit fee of three thousand dollars
($3,000.00) for any permit. Payable on or before October 1
of each year, with said permit expiring September 30 of each
year unless sooner terminated or voluntarily surrendered by
licensee. The permit required by this section shall be in
addition to any occupational license which may be required by
law. Renewals shall be at the fee in existence at the time
of renewal.
S
information and to be accompanied by supporting documents and
such other information as may be required by the Department
from time to time.
c) Name of applicant. In addition to the name of the applicant,
if the applicant is a partnership or corporation, the name(s)
and business address(es) of the principal officers and
stockholders and other persons having any financial or
controlling interest in the partnership or corporation must
be provided. However, if the corporation is a publicly owned
corporation having more than twenty -five (25) shareholders,
then only the names and business addresses of the local
managing officers shall be required.
d) Character of applicant. The applicant for a permit under
this section, if an individual, or in the case of a firm,
corporation, partnership, association or organization, any
person having any controlling or managerial interest therein,
shall be of good moral character. Criminal histories and
finger prints shall be required with all applications.
e) Business history. Whether such applicant has operated a
solid waste collection— removal business in this or another
state, whether a permit or license has ever been revoked or
suspended and the reasons therefore.
f) Existence of business entity. If applicant is a corporation,
applicant shall submit proof of incorporation in good
standing in the state of incorporation and, if a foreign
corporation, applicant shall provide information certifying
that applicant is qualified to do business in the State of
Florida. If applicant is other than a corporation and is
operating under a fictitious name, applicant shall be
required to submit, information that such fictitious name is
registered with State of-Florida Department of State and held
by applicant.
0
El
g) Equipment and method of operation. The applicant for a
permit shall possess equipment capable of providing safe and
efficient services. In making such a determination and
approving the method of operation for each applicant, the
department shall require the following information:
1) The type, number and complete description of all
equipment to be used by the applicant for _providing
service pursuant to this chapter.
2) A statement that applicant
disposal sites for disposing
trash, industrial waste, and sc
applicant collects and removes.
with all applicable State
recycling of waste and garbage.
will use only approved
of all garbage, garden
lid waste material which
Applicant shall comply
requirements regarding
3) The names of customers, the addresses of each location
served, and schedule of rates of the company.
h) Insurance requirements. The applicant for a permit shall
maintain insurance as specified herein and shall furnish a
public liability policy to the department and also file with
the department a certificate of insurance for all policies
written in the applicant's name. The applicant shall carry
in his own name a policy covering his operations in an amount
not less than three hundred thousand dollars ($300,000.00)
per occurrence for bodily injury and fifty thousand dollars
($50,000.00) per occurrence for property damage liability
regarding comprehensive general liability. The applicant
shall carry in his own name a policy covering his operations
in an amount not less than one hundred thousand dollars
($100,000.00) per person, three hundred thousand
dollars($300,000.00) per occurrence, for bodily injury and
fifty thousand dollars ($50,000.00) per occurrence for
property damage liability regarding automobile liability
insurance.
—5 --
C
t
i) The completed application shall be submitted to the
department. Upon receipt of a completed application, the
Director or a designated representative shall review said
application and, if satisfactory in all respects, and after
payment of required fees, the City Manager shall issue the
permit.
j) Should the City Manager deny an application for a permit, he
shall notify the applicant of such denial by certified mail
not later than fourteen (14) days after taking such action.'
k) Should the City Manager issue a permit, the permit for the
collection of solid waste issued under the provisions of this
chapter may not be assigned,or transferred. In the event of
any change in ownership and /or name of the corporation or
partnership, formal notification shall be given the City
within thirty (30) days thereof.
SECTION 11 -4. PREPARATION OF WASTE TO BE COLLECTED
a) All garbage shall be drained and wrapped before depositing
in the waste container.
b) No bundled yard trash may exceed lengths of four (4) feet
nor weigh more than fifty (50) pounds. All yard trash shall
be placed at the curb —side on the right -of -way adjacent to
the owner's property for either tied in bundles collection or
in waste containers. No yard trash will be allowed in waste
bags. Each resident may call for special collection for
bulky waste white goods as described in 11 -1(j) of this
Chapter, and pay a disposal fee of $30.00 for each item
collected. The property owner will be responsible forpayment
of fee -, when items are collected from the right —of —way
adjacent to their property.
n
s
of this Chapter. Yard trash shall be kept separate from
other forms of solid waste when placed at curb -side for
collection.
d) Recyclable material glass and aluminum shall be put
inside the recyclable containers provided by the City and
plastic /paper products shall be placed in paper bags at
curb -side on scheduled collection days.
The containers
shall be the property of the City and shall be replaced only
upon payment of the fee established by the City for
replacement. The contents of the recyclable containers 'ar,e
the property of the City.
e) No person or corporation - shall be allowed to transport into
the City and deposit solid waste for the removal by the city
or private solid waste haulers.
SECTION 11 -5. GARBAGE AND WASTE CONTAINERS
a) Number and size. Each residence may provide up to two
waste containers. These containers maybe used for garbage or
yard trash but not commingled.
b) Approval of containers. Shall meet all requirements of this
Chapter, and are subject to inspection by the Public Works
Department. The owners of containers- which are determined to
be unsafe or unsanitary, will be notified to dispose of or
make them sanitary. Failure to comply will result in such
containers being removed by the Public Works Department.
SECTION 11 -5. DUTY TO DISPOSE OF SOLID WASTE AND PREVENT
ACCUNULATIONS
a) It shall be unlawful for the owner, manager, occupant, lessee
of, or other person responsible for any :lot, parcel or tract
of land in any part of the City to deposit, store, keep, or
maintain, or permit to be deposited stored, kept or
maintained solid waste which is not containerized, except for
-7-
-�• _, -;ter
i
.
the purpose of composting yard trash. Any composting project
shall not cause any obnoxious odors or become a nuisance to
the surrounding area. Such material shall not be kept on any
adjoining public rights -of -way or easements.
b) Service points . Garbage containers and other containerized
waste must be placed at curb -side for collection. Containers
shall be placed" at curb-side the day of collection before
7:00 a.m. and removed within twenty -four (24) hours after the
scheduled collection day.
c) - Citizen Information. From time to time the City will place
informational material on a door hanger regarding service,
such door hangers shall not be construed as hand bills as
stated in Ordinance No. 579, 13, 19- 17 -67.
d) Commercial containers (dum`sters included.) Commercial
containers shall be placed at a location designated by the
Public Works Department for collection. The owner, shall
maintain the area in a safe and sanitary manner.
e) Commercial collection. Commercial collection by the City,
shall be scheduled by the City's Public Works Department and
based on the needs of the establishment requiring the
service.
SECTION 11 -7. COMMERCIAL COLLECTION FEE SCHEDULE
a) The fees for collection of waste from commercial establish-
ments including apartments, hotels and motels from
approvedgarbage' containers as described in this chapter shall
be as set forth herein for the number of containers and
frequency of collection.
1) 30 gallon container:
Class No. Collections per week Monthly fee
6 2 $14.18
7 5 $36.50
-8-
2) Additional for each container above minimum:
Class No. Monthly fee
6 $22.58
7 $22.58
b) The fees for collection of waste from commercial
establishments including 'apartments, hotels and motels from
approved City -owned and privately -owned and maintained bin-
type containers shall be as set forth herein for the capacity
and frequency of collection.
1) One cubic -yard dumpster:
Class No. Collection per week Monthly fee
9 2 $105.30
10 3 155.72
11 5 180.94
2) Two cubic -yard dumpster:
13 2 $146.26
14 3 215.59
15 5 259.72
C) Special waste handling fee.
items is $3,0.00 each:
Box Springs
refrigerator
water heater
Disposal cost for the following
mattress television
washer dryer
furniture
dishwasher
stove
Bulky waste - half truck load (16 cubic yards) $112.50
One truck load (32 cubic yards) $225.00`
SECTION 11 -8. ENFORCEMENT; INSPECTIONS BY CITY
a) The City Manager shall have the authority to enter, at all
reasonable times, upon commercial property for the purpose of
inspecting conditions relating to the enforcement of the
provisions of this Chapter.
b) It shall be a violation of this Chapter for any person, firm
or corporation not authorized by the City Manager to collect
/0 any recyclable items from containers which have been
1 11
9
specifically placed for collection in the recycling program.
It is not the intent of this section to prohibit any
nonprofit organization from soliciting newspapers, cans, or
bottles for the purpose of resource recovery and recycling.
SECTION -11 -9. BILLING; PAYMENT; _DUE DATES
a) Billing for service. In all cases the bill for service under
this Chapter shall be the joint and several liability of and
charged to and paid by the owner of the property for which
the service is rendered. All owners, tenants, users and /or
occupants shall give the City notice thirty (30) days prior
to moving, and shall have the responsibility of terminating
any account with the City.
b) Payment of fees. The fees prescribed in Section 11 -7 are due
and payable on the first day of each month. Such fee shall
become delinquent if not fully paid on or before due date ten
(10) days from the first day of each month.
c) Fractional billing. When services commence during a calendar
month, no charge will be made for periods of ten (10) days or
less in any one month, but eleven (11) days or more shall be
interpreted to mean one month and shall be so charged.
d) Exemption from fees. There shall be no exemptions for the
payment of fees, except that establishments employing and
using the services of a private waste collector holding a
valid permit shall not be liable for the payment of waste
fees as would otherwise be required hereunder so long as such
employment and use continues. No vacancy allowances will be
permitted.
s � %
fees becoming due and payable shall constitute and are hereby
imposed as special assessment liens against the real property
aforesaid and, until fully paid and discharged or barred by
law, shall remain liens of equal rank and dignity with the
lien -of the City ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and claims
in, to or against the real property involved. All delinquent
fees shall bare a penalty of one and one —half per cent per
month from the due date until fully paid. Unpaid and
delinquent fees, together with all penalties imposed thereon,
shall remain and constitute special assessments againsit the
real property involved. Such special assessment liens may be
enforced as provided for enforcement of City ad valorem
taxes, or in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions of Chapter
173, Florida Statutes, or the enforcement of payment thereof
may be accomplished by any other method authorized by law.
b) The City Manager is authorized and directed to execute and
deliver upon request written certificates certifying the
amount of waste fee due upon any parcel of real property
subject to the payment of such fees, or certifying that no
waste fees are due, which certificates shall be binding upon
the City. The City Manager shall make rules and regulations
prescribing uniform procedures governing the administration
of the provision of this Chapter and providing procedures for
the payment of waste liens in periodic installments and the
cancellation of waste liens, which rates and regulations when
approved by resolution of the City Commission and filed in
accordance with the requirements of this Code shall have the
force and effect of law.
-J .._1 tv
KD PRODUCTIONS
6600 SW 57 AVE SUITE 105
SOUTH MIAMI, FL 33143
305 662 4999
i
June 3, 1992
Rosemary Wascura
City of South Miami Clerk's Office
6130 SW 72 Street
South Miami, FL.
305 663 6300
Hello Rosemary:
It was a pleasure talking with you yesterday. KD Productions is
happy to be in South Florida to produce a motion picture entitled,
"Scam." Our production offices are at 6600 'Red Road in South
Miami
We request an appointment on the City Commission's agenda for
Tuesday evening, June 9, 1992. The reason is to discuss overnight
parking for the company's production vehicles and trucks at our
office location on Mr. Anthony Abraham's property.
If you have any questions, please contact me. My digital pager is
p e
M nager