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12-01-92 (2)OFFICIAL AGENDA CITY OF SOUTH Mimi 6130 Sunset Drive REGULAR CITY COMMISSION MEETING December 1, 1992 7:30 pm. 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 ORDINANCES 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) RESOLUTION FOR PUBLIC HEARING: NONE RESOLUTIONS• 4/5 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 p6licy, 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." (Administration) 3/5 ORDINANCE - 1ST READING: NONE -REMARKS: NONE 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) 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." t ., I 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; PROVIDING 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 portion 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 StLuuL 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 i, 1992 at 7:30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newslsdper of general. circulation in Dade County at least two creeks prior to the date stated therein for such hearing; and WHEREAS, L}ic: 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 all ",y, revert to the ownership of the immediately adlarent properties. Section-.7. Notice of the adoption of this Ordinance by the Commission shall be�pubiished one time, wi-ttrin 30 days following= �.40 .� ,.�... F Y' 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 bw Lecorded 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 iuxiydiction, then, said holding shall in no way affect the validity of the remaining portiunc 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 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CI y n'1-'1'ORNEY - _. _.__— th day of October, 1992. APPROVED: MAYOR Y Staff Report for PB -92 -008 PB -9 —003 Applicant: City Administration Reauest: Abandonment of Alley - I4ALiSIS The City Administration wishes to close the alley that is located behind 311en's Drugs. This public right -of -way does not serve as a regular public thoroughfare. The property will revert to private ownership. RECOMMENDATION Staff recommends approval of Administration's request. E aae 1: -cpy at current survey 1 -7� s Or 31 '3C u Slyd Road Alley Page 3 of 6 Page, -d: Copy cr current survey LEGAL DESCRIPTION. L I a n,i lying i n a port . on Block --,. WES7ERF:Z-:__'- MANt-k ONE AND 7WO. according to the --!at thereof as *ecc., ae(-. Pl-'- BOOK 18 at Page 47 of -1 Flor2da. more the Fublic Records .,, Da�,.e C,.,.,ry. particularly described as f_llow�- Begin a-, the Northwest corn-_:- :,-. '.-,,t Block 2. as 5ncwn on Said Flat Of WES7ZRF:ELD MANC)it 3EC7:ON ONE AND .7%,40; thence Souther ly alorig he 'west ".ne f Lo-t.; 11. IZ. 13. 14, BI.Lck 2, as shown on t,e af• :,rem�rit-ici Pla%. a distance of 225-35 feet to the SouT_'4',wesT. co•re­ of said Lot 14, Block 2.1 thence Westerly along the Wc.'sterl,,,-.ext :nsiori of the South line of said Lot 14, fcr- a of 15.0 feet to the Southeast corner of 1-,:;t 15. of Bl:,ck 2. thence 4 T Northerly along the Fas-erl and 10. Block . as shown .:,n said Plat 10'.,NOR '_'ECTION ONE AND 7oiO. ror a distance :" L25. t-: to •.ne N,)rtheast corner of said '_:�t 10; thence Zast,rly i Dmg he Easterly extension *he North I :me of sa, :i I a s t - in c e of 5 - CID feet to _he of Begin-- ANDA NW GAL �EZCRIPTION: For a sti ip Jf and lying in a portion of WESTERFIELD MANOR :_TC'I7:3N ONE AND 7`W0, acct. n q t,7j the thereof as recizrded in Plat B•jok 1F8 at P 47. of the Pub Records of Dade County. Flci'ida. Begin at the hwe s t : o r r,,.,- r c: :rot 1. lock 3. as shown on said Plat of ERFI7:L:) MANOR S ON ONE AND TWO; thence Southerly a- the W'est o� Lots 11. 12. 13, 14 (Block 3 as shown o af,re t:one-i PlaL for a distance o 220.0 feet to the, corner f said Lot 14; thence 6 S f Lt Westerly alortg the Weste ension -.f the South line of saia Lot 14 for a dis ce 1 fee,_ :to .he Southeast corner cf 'Lot 15 of aid B :k e Northerly along the East I :me of- sal ots 15 ar,:II 10 :,r sail Block 3. as shown on said Flat o STERF:ELD MANOR SEC-710 AND 7V-0; for a distance of .0 feet t.) t t. Northeaslt orne f said Lot 10; then asterly alor.j the Eastcrl,/: el i, ters 'i!on the North e� of said Lot j. z or a d:stalrxe or 110.0 et to the Point of Beginning. PB-92-008 Bird Road Alley Page 4 of 6 Area nap indicating subject properties and mailing area v\ d CA r{ � e .n ;tit �''• .... I i i —`7 1I I HAtwg6 TtK�t� APPLICANT: OITA' Az M j w tSTR -ate Ot.i 'NWR% , •y OP REnRENCE! 1R•1� ArA Comoras As Sewn o- Aw-� Dsn......Chk..... PB -92 -008 Bird Road Alley Page 6 of 6 e 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, Florida, 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 al! ong 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 l.Yi"o--t- / L , 1992. "First Party" 79TH STREET CORPORATION, a Florida corporation F. R. BATISTA, President "Second Parties" MARY MA ELSIE JACOBS 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 PPRMITS 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 ddiusters 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, HE 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 re=tuLruction 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 effective 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 competenL 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. Section 4._ This Ordinance shall take effect immediately at the time of its passa9e. PASSED AND ADOPTED this day of November, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY f 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 a'aainst individuals with dis- abilities ": and WHEREAS! ADA requires a specific statement of Dolicy 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 emolovment Dractices, 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 2. The City Manager be, and hereby is, named ADA Coordinator to administer the aforesaid policy, including orovidinq 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 oromulaate such other reasonable regulations as shall be reouired 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 2 a Cite of South Miami INTER —OFFICE MEMORANDUM TO: Mayor and City Co sion PATE: November 24, 199 2 FROM. illiam Pgge ampton susJ6cT: Americans with City Ma Disabilities Act of 1990 A Resolution has been placed on the December 1, 1992 agenda and when approved it and its attachments will bring the City retroactively in with ADA requirements for: 1. Statement of Policy 2. A Transition Plan 3. And a Grievance Procedure R/593 City of South Miami 6130 Sunset Drive. South Miami, Florida 33143 663 -6300 July 26, 1992 .PURL =C NOTSCE GSTY COMM =SS2ON OF THE C=TY OF SOUTH M=OM= FL POL=CY OF NON— D?_SCR2M2NAT2ON ON THE BAS20 COIF D =SAB =L =T� 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 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. 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 TkKEN 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 6 r�� 9 September 3 0, 1994, so that an assessment of its goals achieved can be reviewed. We should then be able t :determine the program can be successful in _angi :bIv placing minority youths in permanent lobs and /or continuing education prior to further funding._ If the answer is positive, then funding for 1994 -95 can be authorized and goals set with another sunset date of September 30, 1995. We believe that this program can have a positive impact in the community as a whole. The intended results is to provide disadvantaged youths with the opportunity to become responsible, productive taxpaying members of the community. 4. $ 30,000 - Contribution to Self Insurance Fund - It 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 recently established by the Commission has been meeting periodically since '.Say of this year and has established as its first priority the implementation of capital improvements needed by the City to comply 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. IThe above two items will cost an estimated $51,600 for 'compliance with ADA requirements. The remaining $48,400 is i requested for Capital Improvements Committee 'projects that 1 7-reet corners _o ne croviaed with ramps and curb -cuts for zandicapped access (see mapj: �. 73 STREET & 57 AVENUE - southwest corner 3 74 STREET & 57 AVENUE - northwest corner - C 73 STREET & 57 AVENUE - southeast corner D 74 STREET & 57 AVENUE - 'northeast corner E 74 STREET & 57 COURT - northwest corner r 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 mew.?. � }���, � X1.1 41 —.7'— J 7A • 4 7`- 011 ell: .7 0 A I r "iL iL - n '..7 .4 Q P. Or u- SVSS1e! RAMPS AND CURB -CUTS The requirements for ramps and curd -cuts are given by Paragraph 515.3(d). Note that ramps or curb -cuts snail have a maximum slope of one .ncr vertically in 12 inches horizontally, with a maximum rise of 8 inches. Ramps ana cure -cuts shall be proviaeo With hanarads as regwrea, or where soecificaliv oermmeo, may have flared sides in accoraance with Sub- oaragraph,515.3(d)(10). / 12 t� %A1 3W,OjH t Flg. L Flared sides 6• MIG c; 'c 1[� t I i F_t�cc Built -up curb l 60 R PLANTER OR NON- WALK SURFACE ---+ Fig. t Retumed curb 6• H% BUR Ci,, • HKst+ 6 1 CV Fig. d: Built -up rang with curb TO: FROM: city of South Miami Police Department INTER- OFFICE MEMORANDUM All Concerned VeRCander Lt. M. Mills Services Divisio 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, en appropriate. ,\ M1K/ esw cc: City Manager 81� 82 B31 84 85 Be, 87 o 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 1. All complaints regarding access or shall be submitted in writing to resolution. Within 15 working days, review the complaint and render a deci 2. The complaint may appeal the decision the ADA Compliance Committee, to be Commission. R /5ll "City of Pleasant Living" alleged discrimination the City Manager for the City Manager shall sion. of the City Manager to appointed by the City 3 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 is 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 COMM CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING BY THE PUBLIC WORKS DEPARTMENT OF TEN (10) SANITATION DUMPSTERS -FOR A TOTAL PRICE NOT S 2,790.00, AND PROVIDING FOR DISBURSEMENT NUMBER 172 - 6430: "SOLID WASTE- OPERATING [SSION OF THE THE PURCHASE 2 CUBIC YARD TO EXCEED FROM ACCOUNT EQUIPMENT" WHEREAS, pursuant to the 19,92 -93 Budget of the City of South Miami, Florida, the Public Works Department was authorized to ourchase ten (10) 2 cubic yard 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. 11th Avenue, Hialeah, Florida,_ 33013 pursuant to the following governmental 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 5 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. ' ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 4 OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING December 1, 1992 Next Commission Meeting: 7:30 p.m. 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 ORDINANCES - 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." (Administration) 3/5 ORDINANCE 1ST READING: NONE REMARKS: NONE 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) a } r 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." r 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; PROVIDING FOR 9EVERARILITY; 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 -gray, road, highway or other place used for travel or any portion 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 41,t StLuct Bird 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 newspexper of general circulation in Dade County at least two reeks 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 thn same hereby is, abandoned, renounced, and disclaimed by the City of South Miami and shall, pursuant to the plat creating that_allry, revert to the ownership of the immediately ad-iacent properties. Section 2. Notice of the adoption of this ordinance by the 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 anv section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent iuxisdiction, then said holding shall in no way affect the validity of the remaining pozLluuL; of this Ordinance. Section 9_. 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. ATTEST: CITY ChERK ­ -__.___.. READ AND APPROVED AS TO FORM: CI -Ty All- 6RNEy - _.__ _.__� APPROVED: MAYOR 2 staff Report for PB -42 -008' PB -92' -003 App- licant: Citv'Administration Request: Abandonment of Alley �idAL i � TS The City Administration wishes to close the alley_that is located behind .11en's Drugs. This public right -of- way -does not serve as a regular public Thoroughfare. The property will revert to private ownership RECCMIMENDATION Staff recommends approval of Administration's request. :age l: �cpy or current survey --,_- 3C 0C Or u S><' PB-92 -008 BIrd -.Road Alley Page 3 of 6 Page 2: cony c� current survev -.GAL DESCRIPTION: ;. a s- -r:c ` lanA lying Ina portion f Block 2 . WESTERF 'Z:.;, MAN,_ K ON ONE AND TWO according to the ?I at thereof as ceco. aec Pl_ BobA IS at Page 47 ,it the 'Public Records :,: D.a�ze C _.,ty. ='lori,ia. more particularly 'described as f_11uw�:;. Begin at :he Northwest ccrn..r of :,mot .. -. Block 2, as sncwn on said Fiat of WEST::RF : ELD MANC ,i� 3EC7':ON ONE AND . TWO : thence Buuther : j along • he 'west . nt _4 Lot.: 11. 1Z. 13 14 B1,�ck Z. as shown on tl,e at-:,remcr,tzone-1 Pla%. a distance of 225.35 feet to the Sout.,west. corr;er of said Lot 14, Block 2. thence Westerly along the Wc.'ster.ir:.e: t !nsiori of the South line of said L,:t 14. for a .:fists:,:_ cf 15.`0 feet to the Southeast corner of L.:)t 15. of bl _.ck 2. thence Northerly along the E.as erl.. 11:. t 15 and I.C. Blocx 2 as shown :,n said Plat M NOR ''7-CTION' -ONE AND TWO. for a distance ' ?5 . 4 f r -t C c� %he N�)rtheast corner of said `.ot 10: thence E3st,rly i D'na he Easterly extension of the_Ncrth 1:ne of sa:� �r distance of :5.0 feet tc the int o: Beginn AND GAL DESCRIPTION: For a stiip :,. and lying in a portion of B, 3. 7reo TERFIE LD MANOR CECT 7) :ON ONE AND 0, accc. ng to the f as 'recorded in Flat 2.4ok 18 at P 47, of the Publ Records of Dade 1.ounty. Florida. Begin 3t the hwest :ornt -r' L,:ot 1. lick 3. as shown on said Plat of ERFIELD MANOR S ON OTIE AND TWO: thence Southerly a the west l e o� Lots 11 12. 13. 14 ('Block 3 as shown on t af, re tionE•�' Plat for a distance of 220.0 -feet to the 5 u corner ,f said Lot 14: thence Westerly along the Weste erasion f th- South line of saic Lot 14 for a d s ce f 1 fee,- to the Southeast corner of Lot 15 of aid BI .k 3: ce Northerly along the East l :ne' of- sai ots - 5 an: 10 �r 'sa Block 3. as shown on said Flat o STERFIELD 9ANCaR .ECTIO AND 7 O. for a distance of .0 feet t.) tt.,t Northeast corne f said Lot 10 then asterly alor.j the Easterly extension the North a of said Lot ) . ' t Dr a' distance or 10.0 et to the Point of Beginning. PB -92 -008 Bird Road Alley Paqe 4 of 6 o ^m'fl'ISr• T fP•. Y I Area map indicating subject properties and mailing area 1 v� 1� HAtwg6 11PPL2CAQfT: OL,v' �pM�1✓��1T1OnJ OWWR: 1 1%p lmnRz=: T I" ;�QoqA comoass A5A Doti MEN1 o- . L h aace : �V4.�1..1't'�. . Dzn ...... chx..... CITY at MUTU 141AM) Pi`kliMING 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, Florida, 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 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 Vt / L , 1992. "First Party" 79TH STREET CORPORATION, a Florida corporation B F. R. BATISTA, President "Second Parties" v" 1 MARY MATTHEW EISIE JACOBS (. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIAA,` 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 I. 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 effective 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 Competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance Sgction 3.. All Ordinances or pants 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. x CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 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 P©LICY,`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 Drovide "a clear and comprehensive National mandate for the elimination of discrimination against individuals with dis- abilities",- and WHEREAS? ADA recuires a specific 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 oursuant 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. u . Section 2. The City Manacter be, and hereby is, named ADA Coordinator to administer the aforesaid policv, including providing for dissemination of public notice thereof. Section 3. -_ The grievance__ procedure 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 4. The transition plan previously formulated by the City Manaaer 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 A#D_ADOPTED this day of December, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY City of South Miami INTER—OFFICE MEMORANDUM TO• • Mayor and City Co sion DATE: November 24, 1992 FROM!. - i/illiim. 'H.amp on suejECT: Americans with City Ma ger Disabilities Act of 1990 A "Resolution has been placed on 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 Citu Of South Miami 6130 Sunset Drive, South Miami, Florida 33143 663 -6300 July 26, 1992 PURL =C NOT =CE C=TY COMMTSS =ON OF THE C2TY OF SOUTH M =AM= , FL POL2CY OF NON —D =SCR =M =NAT2ON ON THE BASIS OF DSSAB =L2TY 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" 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. 3. Provide Fascell disability access to tot lot equipment at Dante Park is 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" t a 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 ac -cess by October 1, 1995 to: 1. Sylva Martin Building 2. City Hall second floor bathrooms, lobby and Finance Department R/592.1 6 Ia Septemoee 30, 1994, so that an assessment of its goals achieved can be reviewed. We should then be able to determine :: the program can be successful in tangib1, placing minority youths in permanent jobs and /or continuing education prior to further funding. If the answer is positive, then funding for } 1994 -95 can be authorized and goals set with another sunset date of September 30, 1995. We believe that this program can y have a positive impact in the community as 1 a whole. The intended results is to provide disadvantaged youths with the opportunity to become responsible, productive taxpaying members of the community.' 4. $ 30,000 - Contribution to Self Insurance Fund - It is recommended that $30,000 be added to the level of funding for this Fund. i 3. $100,000 - Capital Improvements Committee - t The Capital Improvements Committee recently established by the Commission 'has been meeting periodically since May of this year and has established as its first priority the implementation of capital improvements needed by the City to comply 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. iThe above- two items will cost an estimated $51,600 for compliance with ADA requirements. The remaining $48,400 is ,requested for Capital Improvements-Committee projects that t 1 . , r street corners :c be rrovided with ramps and curb -cuts for Zandicapped access (see map): 73 STREET -& 57 AVENUE - southwest corner 3 74 STREET & 57 AVENUE - northwest corner C 73 STREET & 57 AVENUE - southeast corner D 74 STREET & 57 AVENUE - northeast corner E 74 STREET & 57 COURT - northwest corner F 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 i -74 STREET & 59 COURT - (north)west corner �I sir .... I 1, � N C• J IVA c, J M - J315.5(c) RAMPS AND CURB -CUTS The reclutrements for ramps and curo -cuts are given by Paragraph 515.3(d). Note that ramps or curb -cuts shall have a maximum slope of one ;n, vertically in 12 inches norizontaliv, with a maximum rise of 8 inches. Ramps ana curo -cuts shall be provided with hanora +Is as re4u+rea. or wne x soecificativ oermrtted. may have flared sides in accordance with Sub - paragraph 515.3(d)(10). I 12 I� 3 Ml �101H �-' c I 1✓ 51,.!j Fiared sides 6• Ht� cuae 'IAA I� 1� I i 1 5%.S Bulk -up curb 6ca c< lop GV 1✓i PLANTER OR NON- W10TH WALK SURFACE --y Fig. b: Retumed curb c r anti J, qq 6. 0% CV Fig. d: Built -up ramp with curb City of South Xiami Police Department INTER - OFFICE MEMORANDUM TO: All Concerned Perso el FROM: Lt. M. Mills Services Division co ander 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 Fact 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. ,\ MK/ esw cc: City Manager 81 82 83, 84 85 87 Citu 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. Complainfants 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. All complaints regarding access or shall be submitted in writing to resolution. Within 15 working days, review the complaint and render a deci 2. The complaint may appeal the decision the ADA Compliance Committee, to be Commission. R/511 "City of Pleasant LMng" alleged discrimination the City Manager for the City Manager shall sion. of the City Manager to appointed by the City Jrievance 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 Compiance Committee sha11 hear such complaints is public, after adequate public notice is Given, in an unbiased, objective manner. The Committee shall issue a' written derision 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/51.1.2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISS'I "ON 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 21790.00, AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1720 - 6430: "SOLID WASTE - OPERATING EQUIPMENT". WHEREAS, pursuant 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. 11th Avenue, Hialeah, Florida, 33013 oursuant to the following Governmental 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. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR cf.0 C41 6",(f OFFICIAL AGENDA CITY OF SOUTH MIAMI` 6130 Sunset Drive REGULAR CITY COMMISSION MEETING December 1, 1992 Next Commission Meeting: 7:30 p.m. 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 - -- - -- -- - - - - - - -- - -- -- - �_ _ ...... ®q I� f An Ordinance of the Mayor and City ommission of the City of South Miami, Florida, abandoning that alley commonly known as 4 1st Street Bird Road Alley and legally described hereinbelow; roviding for severability; providing for ordinances in conflict; and providing an effective a e An Ordinance of the Mayor and City Co isson 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. X9°0 RESOLUTION FOR PUBLIC HEARING: � NONE RESOLUTIONS• s s /--I- 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. l - �- 9s-�l 1 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: NONE REMARKS: NONE 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) 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." i I 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; PROVTDING FOR SEVRRABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has the poorer to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other place used for travel or any portion 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 StLuuL 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 ad3acent property owners, constitute additional ad valorem tax revenues to the City; and WHEREAS, therefore, on July 28, 1992, a public hearing was sell- for September 1, 1992 at 7:30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newspaper of general. circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, Lhu 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 adlacent properties. Section-2. Notice of the adoption of this ,ordinance by the Commission shall be- =published one time, Wittrin 30- days following -M` #7 T S 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 zecoraed 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 iuxisdiction, then said holding shall in no way affect the validity of the remaining pozLiuuL; of this Ordinance. Section 4. All Ordinancee 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 CLERK �~ READ AND APPROVED AS TO FORM: CITY AT"PORNEY PB— X32 --00 CS Aopiicant: City Administration Reauest: Abandonment of Alley Stars Report for PB -92 -008 i4ALY S i S The City Administration wishes to close the alley_that is located behind a len's Drugs. This public right -of -way does not serve as a regular public :ftoroughfare. The property will revert to private ownership. ECCMIMENDATTON Staff recommends aonroval of Administration's request. 3 PB-92 -008 acre '- : �cpy of current survev s o .. - a � R - - Hlyd Road Alley Page 3 of 6 t :.c.uAL DESCRIPTION: : -lock . WESTERF: to the Fiat thereof as of the Fubl is Recordsr particularly described Paae 2: conv ct current survey a s' r-,.; lar -i lying in a portion MANS r. :...:ON ONE AND TWO, according zoo: aet P 1 - -. Hoop IS at Page 47 Da�,e C ....,cy. , '1 orl,1a . more as f.11ow::;. Beg:,n at the Northwest orn_: :.;,t : _ Block Z. as snrwn on said Flat of WES*77_RF:'ZL1D MANC,it SEC —ION ONE AND.740: thence uuther y along , he .pest nt � : Lot.: 11. 1Z 13. 14, BI.Lck -4. as shown on 1'e af, :,remcsit.one-i Pla%. a distance of 225.:;5 feet to the Soutr.wess cor",,e. of said Lot 14 Hlocx 2: thence Westerly along the Wr'ster.i .. .ext :nsiori o'f the South line of said Lit 14, fcr 'a ,istar_ cf ;.5.0 feet to the Southeast corner of'Lzit 15. cf :.1;d B1_ck 2. thence Northerly clang the E.is:.e,rl 1 15 and 10 . Blocx 2 as snown -n said Plat WE.' E '.. -._D '.r`-NOR ''ECiyON ONE AND 740. :or a distance --- _25. 4 f tc, -.he- N.�rtheast corner of said :-ot 10: thence Fa9te -rly s: ,ng � -e Ezsterly extenszcr. .fie tiDrth l.ne of sa:t _ : :.r _ tist.ince cf 15.2 feet -Ye .. - rnt of ANA GAL DESCRIPTION: For a strip :. and lying in a port :on of B. WESTERFIELD MANOR CEC::3N ONE AND 7WO. accc• ng to the thereof as recorded in Plat ..ok 16 at P 47. of the Publ Records of Dade t"ounty. Florida. Begin at the hwest _,:r o: Ltit .. lock 3. as shown on s a i s Plat o f ERF I ZU MANOR S . ON ONE AND TWO thence Southerly al the lveec 1 e o: Lots 11 12 13. 14 tBlock 3 as shown on t af,. re t :one•: Plat for a _ cistance of 220.0 feet to the _Sout corner .f said Lot 14; thence Westeriy along the Weste ensign f tht• South . ine :�f saia '" t 14 for a dis ce 1 fee to the Southeast corner o :?.ot 1.5 of aid B1 =k -a Northerly a long the East line of sal ots 15 an ! or s`a Black 3, as shown on said Plat o STERFIELD MANOR SECT.O AND 7 O; f or a distance of .0 feet tr tt.. Northeast corne f said Lot 10., then asterly a1o:., the Easterly extension the North a of said Lot : j. t :)r a d:st,ar,ce or 10.0 at to the Point of Beginning. PB -92-008 Bird Road Alley Page 4 of 6 PH- 92 -ao8 hrea mam indicating subject properties and mailing area ........ .. of a I �I�IL�N(s �t1 %m* fmrcn =: �'i�.a aA�L� comorss O At L Seale L rf u n Orn ...... Chk..... CITY or MU T M U 1A1!11� `` 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, Florida, 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 y` L 1992. "First Party" "Second Parties" 79TH STREET CORPORATION, a Florida corporation �" 1 MARY MATTHEWP By:. F. R. BATISTA, President ELSIE JACOBS ORIDI RpAT/CE tan. 1 n_g2_i�2o 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 FFRMITS ISSUED FOR REPAIRS OR RECONSTRUCTION DUE TO DAitaaE 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 recQubLruction 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 effective 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 competecit 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. Section 4. This Ordinance shall take effect immediately at the time of its passage. - ....., T- - - PASSEn AND AnnpT7D this l th day of December , 1992. READ AND APPROVED AS TO FORM: ATTORNEY nTY APPROVED: KAYOR RESOLUTION NO. A RESOLUTION Cr 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 comorehensive National mandate for the elimination of discrimination against individuals with dis- abilities".; and WHEREAS. ADA requires a specific 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 adooted a policy of non - discrimination in its emplovment practices, such that the adoption of regulations oursuant to the ADA is but an extension of previously established policv; 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, of access to, or treatment or employment inr.its, programs or activities. Section 2. The Citv Manager �e, and hereby is, named ADA Coordinator to administer the aforesaid oolicv, 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 Citv Manager and attached hereto, be, and hereby is, ratified as of the date of its formulation, to -wit: July 25, 1992. Section 5. The City Manager be, and hereby is, authorized to oromulaate such other reasonable revulations as shall be required to further implement, the ADA guidelines and goals within the Citv 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 Mavor, with the consent of the Commission. PASSED AND-ADOPTED this day of December, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Ciao of South Miami INTER — OFFICE MEMORANDUM ro: Mayor and City Co sion DATE: November -24, 1992 _.. i FROM, . lliam "Ramp n - susJECr: Americans with City Ma g e r Disabilities Act of 1990 A "Resolution has been placed on the December 1, 1992 agenda and when approved it and its attachments will bring the City retroactively in compliance with ADA requirements for: I. Statement of Policy 2. A Transition Plan 3. And a Grievance Procedure R/593 s Citu of South Miami 6130 Sunset Drive. South Miami, Florida 3-1143 663 -6300 July 26, 1992 PUBL = C NOT= CE C2TY CO1�S2SS =0N OF THE C = TY OF SOUTH M =AM= , FL POL = C Y O F NON - D =SCR = M 2 NAT = ON ON THE BAS2S OF D2SAB =L, =Z+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 ar7- .rrsrt. Ciao of South m ami 6130 Sunset Drive. South Miami, Florida 33143 663 -6300 CITY OF SOUTH MIAMI ADA ACTION PLAN July 26, 1992 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. 3. Provide disability access---to-tot lot equipment at Dante Fascell Park iz 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 TALEN BETWEEN OCTOBER 1, 1992 AND SEPTEMBER 30, 1993 Provide the following by October 1, 1993: I. Disability access to bathrooms at City Hall, Dante Fascell Park, Murray Park and South Miami Field R/592 "City of Pleasant Laving„ 2. Seventeen wheeichair 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 4 September _ � of i 1994, ;o that an assessment ,.s goals achieved can be revi ewe �e should then be able program can �0 determine :he be successful is _a'ngibI placing -ainority youths and /or Youths in permanent lobs further funding.- continuing education- prior to If the answer is positive, then funding `or 1994 -95 can be authorized and goals set with another sunset 1995. date of September 0� We believe that this program can have a positive impact in the community a whole. The intended results is to • as disadvantaged provide youths with the opportunity to become responsible members of productive taxpaying the community. 4• $ 30,000 $ 10000 Contribution to Self Insurance Fund - It is recommended that $30,000 be added to the level of funding for this Fund. - Capital Improvements Committee - The Capital Improvements Committee recently established by the Commission has been meeting periodically since May of this year and has established as its first priority the implementation of capital improvements needed by the City to comply with the ADA in disability access Providing ADA projects to beo funded f from itthis 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 compliance with ADA requirements. an estimated - $51,600 for requested for Capital Improvements Committeeaing ects 0 is projects that CLUAM _ =ree t corners ee r=viclecl .N itft = amos and zsrb -cuts for handicapped access (see map) : 73 STREET & 57 AVENUE - southwest corner 3 14 STREET & 57 AVENUE - northwest corner C 73 STREET & 57 AVENUE - southeast corner 74 STREET & 57 AVENUE - northeast corner L 74 STREET & 57 COURT - northwest corner 74 STREET & 58 AVENUE - northeast corner G 73 STREET & 58 AVENUE - northwest corner 3 73 STREET & 58 AVENUE - southwest corner T 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 lk4 4W ,4 Za -k Pit M a mr .3- 515.51e1 RAMPS AND Wpg.CUTS e • The requirements for ramps ano curo -cuts are given ov Paragraph 515.3(d). Note that ramps or curd -cuts shall have a maximum slope of one :ncn verticaily in 12 inches nonzontally, with a maximum rise of 8 inches. Ramps and curd -cuts shall be proviaeo with nanarads as requueo. or wnere soecifically oermrttea. may nave flarea stoes in accordance with Sub- oaragraon 515.31d1(10). 1 ,i cud I✓ — �a Fig. a: Flared sides 6• H1GH c�ae •c 112 12 Fig. c. Built -up anb .i� r✓ ,y' � �6 E 3` Mrs PLANTER OR NON - W10TH WALK SURFACE --+ 51k Retumed curb i 6 r� � 6• Ham, , cv �I 5%.t Buik -up nmp with curb City of South Kiasii Police Departuent INTER - OFFICE MEMORANDUM TO: All Concerned Personnel FROM: Lt. M. Mills services Division cc nder DATE: %tine 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. MK/ esw cc: City Manager 81'� 82. 83 84 85� Be 87 4�, . - 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 against on - has been discriminated 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) re uires public entities with 50 or more employees to establish q procedures for resolving complaints of violation of thisgpa,rt. 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 1• All complaints regarding access or shall be submitted in writing to resolution. Within 15 working days, review the complaint and render a deci 2• '"he complaint may appeal the decision the ADA Compliance Committee, to be Commission. R /511 "City of Pleasant Living„ alleged discrimination the City Manager for the City Manager shall sion. of the City Manager to appointed by the City ♦ Y 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 shad hear such complaints is public, after adequate public notice is riven, 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. 4. 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. 3. A record of action taken on each request or complaint must be maintained as a part of the `records or minutes at each revel 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 rA 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 Td EXCEED S 2,790.00, AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1720 - 6430: "SOLID WASTE - OPERATING EQUIPMENT ". WHEREAS, pursuant to the 1992 -93 Budget of the City of South Miami, Florida, the Public Works - Department was authorized to purchase ten (10) 2 cubic yard 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. 429,5 E. 11th Avenue, Hialeah, Florida, 33013 pursuant to the following governmental 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. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR