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12-01-92OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING December 1, 1992 7:30 p.m. Next Commission Meeting: 12/8/92 Special Meeting 12/15/92 Regular Meeting A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: D. Items for Commission Consideration: 1. City Manager's Report a. Report and discussion on conditions of City Parks. 2. City Attorney's Report. 3. Approval of Minutes 11/17/92 O$DINANCES - 2ND READING AND PUBLIC HEARING• 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, abandoning that alley commonly known as 41st Street Bird Road Alley and legally described hereinbelow; providing for severability; providing for ordinances in conflict; and providing an effective date. (PB /Administration) 4/5 5. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Ordinance 14 -90 -1454 by declaring a six months' moratorium on charges for permits issued for repairs or reconstruction due to damage caused by Hurricane Andrew. (Mayor)" 4/5 RESOLUTION FOR PUBLIC HEARING: NONE RESOLUTIONS• 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, further implementing the Americans with Disability Act by naming the City Manager as coordinator; by adopting a statement of policy, a transition plan, and a grievance procedure, all previously formulated and attached hereto. (V.M. Cooper /Comm. Bass) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase by the Public Work Department of ten (10) 2 cubic yard sanitation dumpsters for a total price not to exceed $2,790.00, and providing for disbursement from account #1720 -6430: "Solid Waste - Operating Equipment." ORDINANCE - 1ST READING: (Administration) 3/5 NONE 31 k = o TABLED AND /OR DEFERRED: A Resolution denying an appeal by Secisa International Ltd., from a decision of the ERPB re: Signage at Hotel Vila, 5959 SW 71 Street, Miami, FL 33143 (11/17) (1) OFFICIAL AGENDA December 1, 1992 page 2 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 WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OF OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW." ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY COMMONLY KNOWN AS 41ST STREET BIRD ROAD ALLEY AND LEGALLY DESCRIBED HEREINBELOW; PROV ?DING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other place used for travel or any portinn thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS,_ the Administration has recommended the vacating of that alley commonly known as 41st StLvuL BiLd. Road Alley and legally described in the attached Exhibit "A ", as the said alley presently serves no public purpose to the City and will, upon its reversion to the adjacent property owners, constitute additional ad valorem tax revenues to the City; and WHEREAS, therefore, on July 28, 1992, a public hearing was set. for September 1, 1992 at 7 :30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newspetper of general. circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, Ltic City Commission has now completed the public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: section 1. That the alley commonly known as 41st Street Bird Road Alley and legally described in the attached Exhibit "A" within the City of South Miami be, and the same hereby is, abandoned, renounced, and disclaimed by the City of South Miami and shall, pursuant to the plat creating that alley, revert to the ownership of the immediately adlac:ent properties. Section 2. Notice of the adoption of this Ordinance by the - . ConsInsion• shall.- be- published one time, within 3U--:`days following-­- its adoption, in one issue of a newspaper of general circulation published in Dade County. The proof of publication of notice of public hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of such ordinance shall be zecorded in the deed records of Dade County. Section. 3: 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 holding shall in no wav affect the validity of the remaining pozLiuiiu of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section...5,; This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED-this th day of October, 1992. APPROVED: MAYOR ATTEST: CITY READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 µ Staff Report for PB -92 -008 PB -92 -003 Appi46cant: Citv Administration Reauest: Abandcnment of Alley _IZ AL'i S IS The City Administration wishes to close the alley that is located behind L.1len's Drugs. This public right -of -way does not serve as a reaular public thoroughfare. The property will revert to private ownership. RECOMMENDATION Staff recommends approval of Administration's request. PB -92 -008 Bird Road Alley Page 2 of 6 PB-92 -008 r-aae 1: Cc Y 0z current survey �. z =1 l J. nrd Road Alley Page 3 of 6 Paae 2: Copy cf currenz survey --GAL DESORIP::ON: .. n s r lan.1 lying in a port:on Block Z. WESTERF.E_.. MAN,.% ..-,:.:ON ONE AND TWO. according to the . :at thereof as cecc: aer_ Pl.'- BOOK 1S at rage 47 o: the rublic Records Da,:e C ....,ty, 'Florida. more particularly described as f.11owr:. Begin at the Northwest corn -.r '.,t 1:. Black 2. as sncwn on said Flat of WESTERF : ELD MANC iit 3EC': :ON ONE AND . TWO : thence B4uther: y along he West 1 . ne _ : Lot.: 11. 12. 13. 14' Block Z. as shown on t',e af, :.remtntzone-1 Pla•:. a distance of 225.35 feet to the Sout::wesi. cor•r4ar of said Lot 14. Block 2. thence Westerly along the Wr-'9ter.ir :.ext :nsion of the South line of said Lot 14, for a .:istar.- of 1-5.0 feet to the Southeast corner of Lot "5. of El -ck 2. thence Northerly along the East?rl '.t 15 and 10. Block as shown -gin said Plat L: WE .-F. : F..: -: M -NOR r''ECTION ONE AND LWO. :or a distance c" :.25. .Y f -r-t tc� %he N..rtheast corner of said :..:,t 10: thence Easterly %I,�nc -me Easterly extensicn ,�f the North 1.ne of sa:t L, t 1 : ,r .. dist.ince of feet to the ' ;:nt of Begin ^:;..:. AND GAL „ESCRIPTION: For a strip and lying in a port:on of B. ". �ESTERFIELD MANOR CEC'::DN ONE AND �t0, ace47. ng to the hereof as recorded in Plat B..,ok 18 at P of the Publ Records of Dade County. Florida. Begin, at the hwe�t n�r �: L't 1_ link 3. as shown on saic Plat of ERFIrLL MANOR .ON ONE AND TWO: thence Southerly al o the West e o: Lots 11. 12. 13. 14 (Block 3 as shown on t afire t:one-i Plat for a distance of 220.0 feet to the Sout corner .f said Lot 14: thence Westerly along the Weste ension :•f tht• South line ,:)f saia Lit 14 for a dis ce 1 tee,. to The Southeast corner Lot 15 of aid B1, :k �; T ce Northerly 61ong the East l :ne of sai ots 15 an:! 10 or sa Block 3 as shown on said Plat o STERFIELD %IAN(OR SECT.O AND 'NO; for a distance of .0 feet t.: tt.e Northeast. corne f said Lot 10: then asterly a1or.; the Easterly extension the North a of said Lot :j. ::)r a d:stance or 10.0 et to the Point of Beginning. PB -92 -008 Bird Road Alley Page 4 of 6 PB -92 -008 Area man indicating subject properties and mailina area r ��� � ate• CZ L==--- I �tiLl �1 G r�CR -E r� • APPLICANT: OLT j�� m t w k�;L*-m c- j 'JMIRRi � "� I%p RLTERENCE: �� �A► A5�}DO+4 MF-HT or At.w. CITY of SOUTU 1AMAI PUNWIRG 6OARD Comorss S 6WA Orn ...... Chti..... !Ierrinc Ne. rP8 Bird Road Alley Page 6 of 6 AGREEMENT THIS AGREEMENT entered into by and between 79TH STREET CORPORATION, a Florida corporation, hereinafter referred to as the Party of the First Part, and MARY MATTHEWS and ELSIE JACOBS, hereinafter referred to as the Second Parties, WHEREAS, the First Party is the owner of: Lot 10 and Lot 15, in Block 2, WESTERFIELD MANOR SECTION ONE AND TWO, according to the Plat thereof, as recorded in Plat Book 18, at Page 47, of the Public Records of Dade County, Florida, and WHEREAS, the Second Parties are the owners of: Lots 11, 12, 13 and 14 in Block 2, WESTERFIELD MANOR SECTION ONE AND TWO, according to the Plat thereof, as recorded in Plat Book 18, at Page 47, of the Public Records of Dade County, Flor?.da, and WHEREAS, The City of South Miami has sought to abandon the alley lying between the property of the First Party and the property of the Second Parties which is 15 feet in width, hereinafter referred to as the "Alley ", described as follows: Begin at the Northwest corner of Lot 11, Block 2, as shown on said Plat of WESTERFIELD MANOR SECTION ONE AND TWO; thence Southerly along the West line of Lots 11, 12, 13, 14, Block 2, as shown on the aforementioned Plat, a distance of 225.35 feet to the Southwest corner of said Lot 14, Block 2; thence Westerly along the Westerly extension of the South line of said Lot 14, for a distance of 15.0 feet to the Southeast corner of Lot 15, of said Block 2; thence Northerly along the Easterly line of Lot 15 and 10, Block 2 as shown on said Plat of WESTERFIELD MANOR SECTION ONE AND TWO, for a distance of 225.34 feet to. the Northeast corner of said Lot 10; thence Easterly along the Easterly extension of the North line of said Lot 10 for a distance of 15.0 feet to the Point of Beginning, WHEREAS, for a period of over forty years the septic tanks and drain fields serving the property of the Second Parties has been under said Alley, and WHEREAS, The City of South Miami wishes to abandon the Alley and upon abandonment ownership of the Alley will revert to the parties, the East 7 1/2 feet to the Second Parties and the West 7 1/2 feet to the First Party, and WHEREAS, the First Party has no desire to retain ownership of the Alley subject to an easement for maintenance of the First Party's building over said Alley, it is therefore AGREED AS FOLLOWS: 1. That upon abandonment of the Alley, the First Party will convey all right, title and interest to the Alley by Quit - Claim Deed to the Second Parties, retaining unto themselves an easement over and across said Alley for the purpose of repair and maintenance of, and improvements to the First Party's building. 2. Upon conveyance of the Alley to the Second Parties, the Second Parties shall be responsible for the maintenance and ownership thereof. IN WITNESS WHEREOF, we set our hands and seals this V�ek�r- / 6- , 1992. "First Party" 79TH STREET CORPORATION, a Florida corporation ... �� 4;2 y: r. F. R. BATISTA, President "Second Parties" MARY MA r' ELSIE JACOBS 1. 4 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90- 1454 BY DECLARING A SIX MONTHS' MORATORIUM ON CHARGES FOR PERMITS ISSUED FOR REPAIRS OR RECONSTRUCTION DUE TO DAMAGE CAUSED BY HURRICANE ANDREW. WHEREAS, on August 24, 1992, Hurricane Andrew caused wide- spread destruction throughout the City of South Miami, Florida; and WHEREAS, there are many City residents who are still waiting for insurance adjusters and /or for funding from insurance so that they can repair their homes or businesses; and WHEREAS, the Mayor and City Commission therefore wish to not charge for permits issued for repairs or reconstruction due to damage caused by Hurricane Andrew for a period of six months; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The provisions of Ordinance 14 -90 -1454 insofar as they relate to charges for permits issued for repairs or reconstruction due to damage caused by Hurricane Andrew be, and hereby are, declared to be held in moratoria for a period of six months from the e£fmctive date of this Ordinance. Section 2. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competeziL jurisdiction, then said holding shall in no way 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. Sectign 4. This Ordinance shall take effect immediately at the time-of-its passage. 0 PASSED AND ADOPTED this day of November, 1992. ATTEST: CITY CLERK _. READ AND APPROVED AS TO FORM: CITY ATTORNEY " APPROVED: MAYOR 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, FURTHER IMPLEMENTING THE AMERICANS WITH DISABILITY ACT BY NAMING THE CITY MANAGER AS COORDINATOR; BY ADOPTING A STATEMENT OF POLICY, A TRANSITION PLAN, AND A GRIEVANCE PROCEDURE, ALL PREVIOUSLY FORMULATED AND ATTACHED HERETO WHEREAS, Public Law 101 -336, the Americans With Disability Act ( "ADA "), was signed into law on July 26, 1990, in order to orovide "a clear and comprehensive National mandate for the elimination of discrimination against individuals with dis- abilities": and WHEREAS. ADA requires a speci:Eic statement of policy of non- discrimination on the basis of disability with public notice, as well as a transition plan and grievance procedure; and WHEREAS, even before the adoption of this Act, the City of South Miami had adopted a policy of non - discrimination in its employment practices, such that the adoption of regulations pursuant to the ADA is but an extension of previously established policy; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That, in accord with the Americans with Disabilities Act and its goals, the City of South Miami hereby establishes the following policy: Non - Discrimination on the Basis of Disability It is the policy of the City of South Miami, Florida to provide equal accessability to the services of the City Government, including the personnel, health and human services systems for all persons in the community. The City of South Miami does not discriminate on the basis of disability in the admission, or access to, or treatment or employment in, its programs or activities. Section'.. The City Manager be, and hereby is, named ADA Coordinator to administer the aforesaid policy, including providing for dissemination of public notice thereof. Section 3. The grievance procedure previously formulated by the Citv Manager and attached hereto, be, and hereby is, ratified as of the date of its formulation, to -wit: July 26, 1992. Section 4. The transition plan previously formulated by the City Manager and attached hereto, be, and hereby is, ratified as of the date of its formulation, to -wit: July 26, 1992. Section 5. The City Manager be, and hereby is, authorized to promulgate such other reasonable regulations as shall be required to further implement the ADA guidelines and goals within the City of South Miami. Section 6. There shall be established an advisory ADA Committee consisting of-five members to be appointed upon the recommendation of the Mayor, with the consent of the Commission. PASSED AND-ADOPTED this day of December, 1992. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR i� City of South Miami INTER -- OFFICE MEMORANDUM TO• • Mayor and City Co DI►TE: sion November 24, 1992 // ifli7dm 'Hampt FROM: o n suOJEcT• Americans with City Ma Di sabilities Act of 1990 A Resolution has been placed an the December 1, 1992 agenda and when approved it and its attachments will bring the City retroactively in compliance with ADA requirements for: 1. Statement of Policy 2. A Transition Plan 3. And a Grievance Procedure R/593 .......... ..:.sari.. ' :.�icarsre. City of South Miami 6130 Sunset Drive. South Miami, Florida 33143 663 -6300 July 26, 1992 PURL = C NOT = CE C=TY C:) X-1 b S =SS =ON OF THE C =TY OF SOUTH 142AM= FL POLICY O F NON — D 2 S CR = M =NAT 2 ON ON THE BAS Z S (DTP D 2 SAB 2 L 2 T Y It is the policy of the City Commission of the City of South Miami, FL to provide equal accessibility to the services of City Government, including the personnel and health and human services systems, for all persons in the community. City Government does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. - The City Manager has been designated to ensure coordination of compliance with the nondiscrimination requirements contained in section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the City Manager's office. More information about the City's policy of nondiscrimination on the basis of disability can be obtained by contacting the Office of the City Manager at 663 -6338. An Equal Opportunity Employer With A Commitment To Affirmative Action "City of Pleasant Living" 6 City of South Miami 6130 Sunset Drive. South Miami. Florida 33143 663 -6300 July 26, 1992 CITY OF SOUTH MIAMI ADA ACTION PLAN 1. Had legal specialist in ADA conduct two hour seminar on ADA requirements for Department Heads and Division Heads. 2. Provide all employees with ADA information on two occasions. r 3. Provide disability access to tot lot equipment at Dante Fascell Park in 91 -92 fiscal year. 4. Carried out surveys for all downtown streets, to identify missing curb cuts. 5. Added hand rails to west entrance City Hall ramp in 89 -90 fiscal year. 6. Included in 92 -93 .Capital Improvements (see attached from 92- 93 budget for details) to remove barriers in public parks and public buildings. 7. Adopted on February 18, 1992 a Resolution providing for self evaluation of City services and physical facilities. 8. Installed telecommunications device for the deaf (TDD) in April, 1992. TDD can be switched between the Police Department and the City Hall switchboard. ACTIONS TO BE TAKEN BETWEEN OCTOBER 1, 1992 AND SEPTEMBER 30, 1993 Provide the following by October 1, 1993: 1. Disability access to bathrooms at City Hall, Dante Fascell Park, Murray Park and South Miami Field R/592 "City of Pleasant Living" 2. Seventeen wheelchair curb cuts in downtown business district. ACTIONS TO BE TAKEN BETWEEN OCTOBER 1, 1993 AND SEPTEMBER 30, 1994 Provide the following by October 1, 1994: 1. Ramp access to pavilions - Dante Fascell Park 2. Playground disability access - South Miami Field 3. Water fountain access - Brewer Park 4. Ramp to pavilions - Fuchs Park 5. Directly access - Public Works Yard 6. Directly access - Police Station ACTIONS TO BE TAKEN BETWEEN OCTOBER 1, 1994 AND SEPTEMBER 30, 1995 Provide disability access by October 1, 1995 to: 1. Sylva Martin Building 2. City Hall - second floor bathrooms, lobby and Finance Department R/592.1 I .I Septembe: 994, so that an assessment I of its goals achieved can be reviewed. +e should then be able to determine _ program can be successful i• he placing inority = angi5l: and /or Youths in permanent jobs continuing education prior to further funding. If the answer is Positive, then funding 'or can be authorized and goals set with another sunset date of September :0, 1995. We believe that this program can have a positive impact in the community as a whole. The intended results is to de disadvantaged ,Youths with the o provide to become responsible Pportunity members of the community. taxpaying 4. $ .3U - Contribution to Self Insurance Fund - I- is recommended that $30,000 be added to' the level of funding for this Fund. 5• $100,000 - Capital Improvements Committee - The Capital Improvements Committee I recently established by the Commission { has been meeting periodically since %lay of this year and has established as its first priority the implementation of capital improvements needed by the City to coinply with the ADA in providing disability access to city facilities. ADA projects to be funded from this appropriation are: - a. $34,600 - Provide for disability access to the bathrooms at City Hall, Dante Fascell and Murray Parks and South Miami Field. b• $17,000 - Provide 17 wheelchair curb - cuts for access at 17 locations in the Downtown business district. The above two items will cost an esti compliance with ADA requirements. mated $51,600 for ,requested for Capital Improvements Committeenprojects40that 1 _M_ 7-reer corners =o ne r.rcvided Nit:; --amps and c-4rd -cuts for handicapped access (see man): =• 73 STREET & :57 AVENUE - southwest corner 3 74 STREET & 57 AVENUE - northwest corner C 73 STREET & 57 AVENUE - southeast corner 0 74 STREET & 57 AVENUE - northeast corner E 74 STREET & 57 COURT - northwest corner _ 74 STREET & 58 AVENUE - northeast corner G 73 STREET & 58 AVENUE - northwest corner H 73 STREET & 58 AVENUE - southwest corner I 74 STREET & 58 COURT - (south)west corner 73 STREET & 59 AVENUE - northeast corner K 73 STREET & 59 AVENUE - southeast corner L 74 STREET & 59 AVENUE - northeast corner M 73 STREET & 59 AVENUE - northwest corner N 74 STREET & 59- AVENUE - northwest corner 0 74 STREET & 59 COURT - (north)east corner P 73 STREET & 59 COURT - (south)west corner Q 74 STREET & 59 COURT - (north)west corner b v IA kN n as i �• s�41.4 i P, h .. - -1' - J C v L. 1 t� V' -1 J IIJ, "41 v .4 i cl, y �q • +��v1I•�I � h�V�i I � �^ I Q l� � Q •Q I � � � � ! ' Ti t• NL 1� y •gS' M s 1 'V . � Iry t+ mi 1 .► �► •I,�• t i4 J 4L • fir' '��'• �t }• �`� — 1? �.. �Jt .► • 1 „ Lffll. .J- 515.5 (e) RAMPS AND CURB -CUTS The requirements for ramps and curb -cuts are given by Paragraph 515.31d). Note tnat ramps or curb-cuts shall have a maximum siooe of one ;I ^ vertically in 12 inches norizontally, with a maximum rise of S inches. Ramps and curb -cuts snail be provided with nandrads as required, or wn soecifically oermitteo. may nave flared sides in accordance with Sub - paragraph 515.3(dl(101. 1 IZ 3 � W� c Flared sides l i 6• t11G�'� cuae •c l� 1 2 i Q Fig. c: Built -up Curb qua PLANTER OR NON - WALK SURFACE Fig. b: Retumed curb 6. �f f e6'A �u 1 l µ WtpTH 5% .41 Built-up ramp with curb city of South Miami Police Departtent INTER - OFFICE MEMORANDUM TO: All Concerned Perso el FROM: Lt. M. Mills services Division Co nder DATE: June 18, 1992 SUBJECT: Telecommunications Device for the Deaf Effective immediately our Telecommunications Device for the Deaf (TDD) is activated and our Communications Officers are trained in its use, and are prepared to better serve our citizens who may be hearing or speech impaired. Hearing or speech impaired citizens with TDDs are now able to use their device to dial the South Miami Police Department (663 -6316) and communicate via TDD with one of our Communications Officers here at the Police Department. This device is to be used to communicate for the purposes of police, fire or medical emergencies, routine police business, or for the Police Communica- tions Officer to assist the hearing or speech impaired citizen in communicating with other city departments. Example: If a hearing impaired citizen is having a problem with their trash pick -up, has a question concerning building permits, or has a question which they would like to ask the City Manager, they may contact one of those entities by calling our TDD at 663 -6316 from their TDD. The Communications Officer would then communicate with the caller, determine how the city may be of service, and would act as a "middle man" in communicating between . the caller and the appropriate city employee. The city's telephone listing in the local directory, which is due to come out this summer, will reflect the number for the TDD (663- 6316). Department personnel are directed to inform citizens whom they come in contact with of the availability of the TDD, when appropriate. MM /esw cc: City Manager B1 82 831 84 85 as B7 L�J City of South Miami - 6130 Sunset Drive. South Miami. Florida 33143 663 -6300 July 26, 1992 CITY OF SOUTH MIAMI AMERICANS WITH DISABILITY ACT GRIEVANCE PROCEDURE The Americans With Disabilities Act of 1990 requires that any individual who believes that he or she has been discriminated against on the basis of a disability may file a complaint with the appropriate federal agency responsible for enforcement. Department of Justice, 28 CFR Part 35 Section 35.107(b) requires public entities with 50 or more employees to establish grievance procedures for resolving complaints of violation of this part. Complaintants would not be required to exhaust the entity's grievance procedure before filing a complaint. The City of South Miami must adopt and make available for public inspection a grievance procedure in order to comply with the ADA regulations. -- GRIEVANCE PROCEDURE I. 311 complaints regarding access or alleged discrimination shall be submitted in writing to the City Manager for resolution. Within 15 working days, the City Manager shall review the complaint and render a decision. 2. The complaint may appeal the decision of the City Manager to the ADA Compliance Committee, to be appointed by the City Commission. R /511 M-1 "City of Pleasant Living" Grievance con... 3. The Committed shall be charged with hearing complaints, requests, or suggestions from persons with disabilities regarding access to and participation in public facilities, services, activities and functions in the community. The ADA Compliance Committee shall 'near such complaints -a public, after adequate public notice is given, in an unbiased, objective manner. The Committee shall issue a written decision within 30 days of notification. All proceedings of the committee shall be recorded, transcribed and maintained. '+. The decision of the ADA Compliance Committee may be appealed to the City Commission. The appeal shall be heard in an open public hearing. The City Commission shall have 30 days from the date of the appeal to render a decision. The decision of the Commission shall be final. 5. A record of action taken on each request or complaint must be maintained as a part of the records or minutes at each level of the grievance process. 6. The individual's right to prompt and equitable resolution of the complaint must not be impaired by his /her pursuit of other remedies, such as the filing of a complaint with the U.S. Department of Justice or any other appropriate agency. Further, the filing of a law suit in state or federal court can occur at any time. The use of this grievance procedure is not a prerequisite to the pursuit of other remedies. R /511.2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE BY THE PUBLIC WORKS DEPARTMENT OF TEN (10) 2 CUBIC YARD SANITATION DUMPSTERS FOR A TOTAL PRICE NOT TO EXCEED S 2,790.00, AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1720 - 6430: "SOLID WASTE - OPERATING EQUIPMENT ". WHEREAS, oursuant to the 1992 -93 Budget of the City of South Miami, Florida, the Public Works Department was authorized to purchase ten (10) 2 cubic vard sanitation dumpsters; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of S 2,790.00 from Hesco Sales, Inc. 4295 E. filth Avenue, Hialeah, Florida, 33013 oursuant to the following aovernmental bid: Dade Countv number: 1062 - 790. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be, and hereby is, awarded to Hesco Sales, Inc., 4295 E. 11th Avenue, Hialeah, Florida, in an amount not to exceed S 2,790.00 for ten (10) 2 cubic yard sanitation dumpsters. Section 2. That the disbursement be charged to account number 1720 - 6430: "Solid Waste - Operating Equipment ". PASSED AND ADOPTED this th day of November, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY