The URL can be used to link to this page

03-18-03- Mill. CITY COMMISSION AGENDA City Commission Meeting Meeting dates March 18, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 1, 2003 Phone: (305) 663- 6340' Time: 7:30 PM` City of South Miami Ordinance No 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City action. "City" .action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not,-for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER A. Roll Call B. Invocation C. Pledge of Allegiance D. Presentation(s)(7:00 p.m.) a. Junior Commission For Women Presentation? b Proclamation - Baptist.Health Systems Day I c,. Proclamation - Mario F. Rodriguez Day ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: REGULAR CITY COMMISSION : 1 AGENDA - March 18, 2003' 1. Approval of Minutes' - February 18, 2003 2 City Manager's ;Report (a) Report on implementation of residential parking permit program. (b) Report from the City Manager Search Committee (c) Report ,on Northside TrafficPlan /Study (oral report) 3. City Attorney's Report (a) PERC order certifying collective bargaining unit for lieutenants and captains (b) ;Status of appeal in proceeding for award of attorney's fees in NRA v. CSM (c )Report on negotiations for purchase of Hammock House property from Van Smiths (d) Report on potential clairrr by MRP properties (e) EEOC position statement in Hampton v. CSM and demand for settlement [see written report] (0 Anduiza complaint to Fla. Comm'n on Human Relations /request by agency to attend mediation conference [see written report] PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE APRIL 1, 2003 CITY COMMISSION MEETING TO APRIL 22, 2003; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP` FIGUEREDO P.A. IN THE AMOUNT OF $11,000.16; CHARGING $756.50 TO ACCOUNT NO. 1500- 514 - 3435, REAL PROPERTY /FORECLOSURE; CHARGING $8,685.66 TO ACCOUNT NO.` 1500 -514 -3410, LEGAL SERVICES,; NON= RETAINER; CHARGING' $560.00 TO ACCOUNT NO. 001 -0000- 132 - 2040, 73RD STREET PARKING GARAGE LOAN; CHARGING $232.50 TO ACCOUNT NO. 608 -1910- 521 -3100, PROFESSIONAL, SERVICES, FORFEITURES AND CHARGING $765.50 TO ACCOUNT NO. 1500-514-3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) ORDINANCE (S) SECOND'. READING PUBLIC HEARING (S) 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES AND CHANGING THE HOURS OF CONSTRUCTION NOISE, PROVIDING FOR SEVERABILITY; PROVIDING FOR REGULAR CITY COMMISSION 2 AGENDA — March 18, 2003 "';T -;3 r'�g. ,"[',,. , ss '::,"'= c,<;'- �;'��`+�r �i'p ^,�-° . - ^,�. -3• _ r.'�: .�, �;aa , . }r°yr'a, t?�..;; .e",5u?r±.;, �, ,., ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE (lit Reading- February 18, 2003) 3/5 (City Manager) 7 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE ENFORCEMENT; REPEALING °IN ITS ENTIRETY SECTION 2 -24 OF THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT BOARD"; CREATING A NEW SECTION 2 -24 ENTITLED "SPECIAL MASTER "; INCLUDING QUALIFICATIONS, POWERS OF AND COMPENSATION OF SPECIAL MASTERS; REVISING SECTION 2 -25, ENTITLED "CODE ENFORCEMENT PROCEDURES " ;' PROVIDING FOR APPEALS OF CODE ENFORCEMENT VIOLATIONS TO SPECIAL MASTER; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading March 4,' 2003) 3/5 (City Manager) RESOLUTION (S)/PUBLIC HEARING (S) None RESOLUTION (S) B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER, CITY ATTORNEY AND CITY CLERK; ESTABLISHING GUIDELINES FOR EFFECTIVE' COMMUNICATION WITH ELECTED OFFICIALS;' PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner McCrea)' 9. A' RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE CITY MANAGER TO PREPARE APPROPRIATE AMENDMENTS TO CITY CODE CHAPTER 16 "PENSIONS" IN ORDER TO PROVIDE RE "TIREMENT INCENTIVES AND TO USE ANTICIPATED: SAVINGS TO RESTORE THE RANK OF POLICE OFFICERS AFFECTED BY BUDGETARY REORGANIZATION: PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO HIRE ONE NEW POSITION FOR THE PURPOSE OF STAFFING THE MULTI- PURPOSE. CENTER; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE SNAPPER CREEK ANNE- XATION APPLICATION; REQUESTING THE MIAMI -DADE REGULAR CITY COMMISSION 3 AGENDA - March 18, 2003 Arm BOARD OF COUNTY COMMISSIONERS NOT IMPLEMENT THE PROPOSED RESIDENTIAL MITIGATION FEE SO THAT MAXIMUM' FUNDS CAN BE INVESTED IN SERVICE IMPROVEMENTS AND CAPITAL PROJECTS IN THE ANNEXATION AREA; PROVIDING AN EFFECTIVE DATE. (City Manager) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA RELATING TO LOAN REPAYMENT; AUTHORIZING THE CITY' MANAGER TO USE UP TO AN AMOUNT NOT EXCEEDING $267,112.50 AS NEXT PAYMENT FOR THE $6.5 MILLION' PARKING GARAGE LOAN SCHEDULED FOR MAY 1 2003; PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 13. A RESOLUTION OF THE MAYOR AND -CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,. AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR FINAL DESIGN AND BID PHASE FOR DOWNTOWN IMPROVEMENTS, PHASE II, IN AN AMOUNT OF NINETY -TWO THOUSAND EIGHT HUNDRED NINETY DOLLARS, ($92,,890.00) TO BE CHARGED TO U.S. DEPARTMENT' OF HOUSING AND URBAN DEVELOPMENT (HUD) ECONOMIC DEVELOPMENT INITIATIVE GRANT ;' PROVIDING AN EFFECTIVE DATE.`' 3/5 (City Manager) 14`. A RESOLUTION OF THE MAYOR 'AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS,, AUTHORIZING' THE CITY MANAGER TO ENTER INTO A CONTRACT WITH T.J. PAVEMENT' CORP. FOR AN AMOUNT OF $20,000 AND WITH DISBURSEMENT TO COME FROM "LOCAL OPTION GAS TRUST FUND ACCOUNT NUMBER 112- 1730 -541 -4640 "MAINTENANCE AND REPAIR STREETS AND PARKWAYS "; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager), 15. A RESOLUTION OF THE MAYOR 'AND ''CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF INTENT TO PURCHASE REAL ESTATE FOR THE ACQUISITION OF THE HAMMOCK HOUSE AND ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AS REQUIRED TO PROCEED WITH THE ACQUISITION OF THE HAMMOCK I HOUSE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE; AND PROVIDING AN EFFECTIVE DATE. 3/5- (City Manager)' 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COMMISSION 4 AGENDA - March 18, 2003 MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE SERIES 02 CONTRACT WITH THE OFFICE OF SAFE NEIGHBORHOOD PARKS (SNP) FOR THE HAMMOCK HOUSE,_ ACQUISITION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 17. A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING A GRANT FROM THE LAND AND WATER CONSERVATION FUND (LWCF) IN THE AMOUNT OF '$100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) ORDINANCE (S) FIRST READING (S) None SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A' MAJORITY VOTE OF THE COMMISSION. COMMISSION REMARKS PURSUANT TO FLA STATUTES 286:0105, "THE 'CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL, ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH- RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAN. �I REGULAR CITY COMMISSION rj AGENDA March 18, 2003 �,�i,,, „""*,°'.:;�i, ..".�,+?r`.'�+„�f s.' , �.�,— �°^r,m ,.. 3.'^_ '; ".-r,. r.- `,:ta-s .*r..."°..c , �„ a ;:u:"' ?r:., n ^ A r^S:. .:�,.,'s'" .°.�i �': , -- �e�„•.:.a - r. -- 'INCOR PORATEO - , �� 1927: L O R 10 2001 TO: Honorable Mayor, Vice Mayor DATE: March 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manage RE: Implementation of the Residential Parking Program Pursuant to the Commission's request to designate residential controlled parking areas under City Ordinance No. 10 -86- 1255, the City administration has identified and designated two specific locations to implement the controlled parking program between the hours of 8:00 AM and 5:30 PM everyday. The designated areas include S.W. 74 Terrace between 57th Court and 58th Avenue and S.W. 58th Avenue from 74 Terrace south to 76 Street. These areas will be monitored for compliance by erecting new parking signs. South Miami residents and their visitors will be able to park their vehicles once the registered resident has affixed a city decal to the rear bumper of their car. For guests and visitors, residents will be required to obtain a temporary parking (hang tag) permit. The temporary permits will be assessed a fee of five dollars per week, and may be requested for a maximum of two- weeks at a time. The revenue generated from the fee will be used to recover some of the costs related to the parking program. The existing ordinance requires City Commission consent to 'charging a fee for the temporary permit. Individuals who violate the city ordinance will be fined for - illegal` parking. In addition, violators will be responsible for towing and storing expenses in the event their vehicles are towed. Revoked parking permits must be removed within five days of written notification and the resident may be excluded from the residential parking privilege program from six months to a year. Recommendation °It is recommended that the City Commission approve a $5.00 charge for the issuance of a weekly temporary hanging tag. Attachment: Ord. No. 10 -86 -1255 SAY /OMC I ORDINANCE NO. 10 -86 -1255 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA; TO DESIGNATE CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ELIGIBILITY' AND "CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ISSUANCE OF SPECIAL PARKING PERMITS UPON APPLICATION; PROVIDING_ PRIVILEGES' AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby finds and declares that -it'is in the best interest of the residents of the City to reduce vehicular congestion on residential streets and to facili- tate the efficient movement of traffic by providing for residen- tial parking preference during certain hours of the day within certain areas meeting, the criteria hereinafter set forth; that residential permit parking regulation is necessary to promote the health,' safety and welfare of the residents' of the City by providing adequate parking spaces adjacent to or close by their places of residence; that it is in the public interest to reduce hazardous traffic conditions resulting from the use of streets located within congested residential areas for the parking of vehicles by persons using such residential areas to gain access to other places to protect those areas from excessive noise; to protect the residents of those areas from unreasonable burdens in gaining access to their residences; to preserve the character of those areas as residential districts to promote efficiency in the maintenance of these streets in a clean and safe condition; to preserve the value of the property in those areas; to preserve the safety of children and other pedestrians and to promote traf- fic safety, clean air and the comfort, health, convenience and welfare of the inhabitants of the City. Whenever in this division the words hereinafter defined are used they shall, unless the context requires otherwise, be deemed to have the following meanings: Commuter vehicle means a motor vehicle parked in a residen- tial area by a person who is not a resident of the designated residential area. Controlled parking residential area means a contiguous or nearly contiguous area containing' streets or parts thereof pri- marily abutted by property which has a specific residential zone- um designation on the official zoning map of the City and which is designated for restricted residential parking by the City Manager, or his designee, pursuant to criteria and procedures`es- tablished herein. Fiscal Year means the period beginning and ending of the following year. Resident means a person who owns or leases real ,property within a residential area and who maintains either a voting resi- dence or bona fide occupancy, or both, at that address. Residential parking permit means a special permit issued hereunder for the privilege of parking on a street designated as a "controlled parking residential area." Section 2. Upon approval of the City manager, and after fol- lowing the procedures hereinafter set forth, the director of the traffic engineering department, through his authorized represen- tative in the police department, is hereby authorized' to desig- nate "controlled parking residential area" by appropriate signs and the recording thereof on an appropriate City map or plat in which the parking of vehicles may be restricted on public streets at certain times during the day only to vehicles bearing a valid residential parking permit issued pursuant to the terms of this division. This authority shall be in _ addition to any other authority of the City to regulate the times and conditions of motor vehicle parking on public streets. Section 3. Eligibility and criteria for establishing con- trolled parking residential areas is hereby 'set forth: (`a) A residentially zoned area shall be deemed eligible for designation as a controlled parking residential area for residential permit parking `if, parking_' therein is im- pacted by commuter vehicles between 8:00 a.m. and 5:30 P.M. of any day: (b) In- determining whether an area identified as impacted and eligible for residential permit parking shall' be designated as a controlled parking residential area, the following factors shall be considered. 2 (1) The local needs with respect to clean air and en- vironment in residental areas. (2) The possibility of a reduction in total vehicle miles driven in the _City. (3) The likelihood of alleviating traffic congestion, illegal parking and related health and safety hazards. (4) The proximity of public transportation to the resi- dential area. (5) The desire and need of the residents for residen- tial permit parking. (6) The need for parking regulation to maintain the - residential character of neighborhoods. Section 4. Procedure for determining; controlled parking' residential areas is hereby set forth: i (a) In order to determine whether 'a particular area should - i be designated as a controlled parking residential area, the _City Commission can request, or the City manager may conduct, upon his own initiative or upon a petition of a i majority < of the households on a proposed residential block addressed to the City manager, a study to deter i mine if the proposed area meets the criteria set forth above. - Following the study, the City manager shall determine whether to designate the proposed area under consideration as a controlled parking residential area } or to remove the designation in the case of a previously established controlled parking residential area. The City Commission may also request the City manager to designate an area as a controlled' parking residential; area based upon a study previously conducted, if the criteria set forth above are met. (b) When the City manager finds the criteria to 'designate have been met in a controlled parking residential area, he shall cause the regulation to be recorded upon an,ap- propriate map of the City and retained permanently in the office of the City clerk. In addition, the City i _ I 3 i manager shall cause 'parking signs to be erected -upon public streets in the area, indicating the times, loca- tions and conditions upon which parking shall be by per- mit only. When an area has been approved, designated and posted as a controlled parking residential area, it shall be unlawful and a violation of this division to parka commuter vehicle in an area restricted to decal parking only without having `a valid residential parking permit affixed on the left rear bumper of the vehicle. Section 5. Issuance of special' parking permits upon applica- tion is hereby set forth: (a) Following the official designation of a controlled park- ing residential area, the City shall issue appropriate residential parking permits to qualifying applicants. Upon application a permit shall be issued' only to the owner or operator of a motor vehicle who resides in the controlled parking residential area in which he resides. (b)- The application for a permit shall contain the name of the owner or operator of the motor vehicle, residential address, the motor vehicle's make, model and "registra- tion number. The motor vehicle's registration 'may, at the discretion_ of the Finance Dept., be required to be presented at the time of making said application in or- der to verify the contents thereof. In the event the vehicle is registered at an address other than the local residence, the applicant shall provide other sufficient proof, acceptable to the department of management show- ing residency' within the controlled residential parking area. The permit shall be valid for a "fiscal year" as hereinabove defined and shall be renewed for each suc- cessive fiscal. year.' After the initial permit has been issued, any renewal thereof. shall be affixed to the vehicle no later than the applicable current 'fiscal year. 4 Section 6. Privileges and restrictions on residential park- ing permits is hereby set forth: (a) The holder of a residential parking permit shall be per- mitted to stand or park a, motor vehicle displaying the permit and operated by him/her in the designated resi- dential controlled parking area during such times and places as the parking of motor vehicles therein is permitted. While a vehicle for which a residential parking permit has been issued is so parked, such permit shall be 'permanently affixed on the left rear bumper of the vehicle. A residential parking permit shall not guarantee or reserve to the holder of same a parking space within a designated controlled parking residential area. (b) A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking a motor vehicle is prohibited or set aside for specific types of vehicles, nor exempt the holder from the observance of any traffic regulation within the 'con- trolled parking residential "area. (c) No person other than the permittee named thereon shall use the residential parking permit or display it on a vehicle operated or parked, and any such use or display by a person other than the permittee shall constitute a- violation of this article by the permittee and by the person who so used or displayed such parking permit. (d) It shall constitute 'a violation of this division for any , person to falsely represent himself as eligible for a residential parking permit or to furnish any false in- formation in an application to the Finance Dept., in or- der to obtain a residential parking permit. (e) The Finance Dept. is authorized to revoke the residen- tial parking permit of any permittee found to be in vi- olation of this division and, upon written notification 'thereof, the permittee shall surrender such permit to i 5 the City manager. Failure, when so requested, to sur- render a residential parking permit so revoked shall constitute 'a violation of this division. (f) Any permit issued hereunder is nontransferable to another person or another vehicle. (g) The Finance Department is authorized to make provision for the issuance of temporary parking permits to bona fide visitors of residents of a designated controlled' parking residential area. Section 7. A fee shall be imposed for the issuance of the temporary permit in an amount approved by the City Commission to recover costs related to the parking program. Whoever violates the provisions of this division shall be penalized pursuant to the provisions of this Code relating to vi- olation of municipal ordinances and persons illegally parked pur- suant to the terms of this division shall be fined in the manner presently provided in the City for illegal parking and their vehicles may be towed and stored at their expense. Section 8. If any section, sentence, clause 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 effect the validity of the remaining portions of this ordinance Section 9. It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the South Miami City Code; and that the sections of this ordi- nance may be renumbered or relettered and the word "ordinance" may be changed to "section" "article" or such other appropriate i word or phrase in order to accomplish such intentions. Section 10. This ordinance shall take effect immediately at the time of its passage. i 6 ORDINANCE NO. 10 -86 -1255 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA; TO DESIGNATE CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL AREAS; PROVIDING ISSUANCE OF SPECIAL PARKING PERMITS 'UPON APPLICATION; PROVIDING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES'. BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby finds and declares that it is in the best interest of the residents of the City to reduce vehicular congestion on residential streets and to facili- tate the efficient movement of traffic by providing for residen- tial parking preference during certain hours of the day within certain areas meeting the criteria hereinafter set forth that residential permit parking regulation is necessary to promote the health, safety and welfare of the residents of the City by providing adequate parking spaces adjacent to or close by their places of residence; that it is in the public interest to reduce hazardous traffic conditions resulting from the use of streets located within congested residential areas for the parking of vehicles by persons using such residential areas to gain access to other places; to protect those areas from excessive noise; to protect the residents of those areas from unreasonable burdens in gaining access to their residences; to preserve the character of those areas as residential districts; to promote efficiency in the maintenance of these streets in a.clean and safe condition; to preserve the value of the property in those areas; to preserve the safety of children and other pedestrians and to promote traf- fic safety, clean air and the comfort, health, convenience and welfare of the inhabitants of the City. Whenever in this division the words hereinafter defined are used they shall, unless the context requires otherwise, be deemed to have the following meanings:` Commuter vehicle means a motor vehicle parked in a residen tial area by a person who is not a resident of the designated residential area. Controlled parking residential area means a contiguous or nearly contiguous area containing streets, or parts thereof pri- marily abutted by property which has a specific residential zone designation on the official zoning map of the City and which is designated for restricted residential parking by the City Manager, or his designee, pursuant to criteria and procedures es- tablished herein: Fiscal Year means the period beginning and ending of the following year: Resident means a person who owns or leases real property within a residential area and who maintains either a voting resi- dence or bona fide occupancy, or.both, at that address Residential parking permit means a special permit issued hereunder for the privilege of parking on a street designated as a "controlled parking residential area." Section 2. Upon approval of the City manager, and after fol- lowing the procedures hereinafter set forth, the director of the traffic` engineering department, through his authorized represen- tative in the police department, is hereby authorized" to desig- nate "controlled parking residential area" by appropriate signs and the recording thereof on an appropriate City map or plat in which the parking of vehicles may be restricted on public streets at 'certain times during the day only to vehicles bearing a valid residential parking permit issued pursuant to the terms of this division. This authority shall be in addition to any other authority of the City to regulate the times and conditions of motor vehicle parking on public streets. Section 3. Eligibility and criteria for establishing con- trolled parking residential areas is hereby set forth: (a) A residentially zoned area shall be deemed eligible for designation as a controlled parking residential area for residential permit parking if, parking therein is im- pacted by commuter_vehicles between 8:00 a.m. and 5:30 p.m. of any day. (b)' In determining whether an area identified as impacted and eligible for residential permit parking shall be designated as a- controlled parking residential area, the following factors shall be considered 2 (1) The local needs with respect to clean air and en- vironment in residental areas. (2) The possibility of a reduction in total vehicle miles driven in the City. (3) The likelihood of alleviating traffic congestion, illegal parking and related health and safety hazards. (4) The proximity of public transportation to the resi- dential area (5), The desire and need of the residents for residen- tial permit parking. (6) The need for parking regulation to maintain the residential character of neighborhoods. Section 4. Procedure for determining controlled parking residential areas is hereby; set forth: (a) In' order to determine whether a particular area should be designated as a controlled parking residential < area, the City Commission can request, or the City manager may conduct, upon his own initiative or upon a petition of a majority of the households on a proposed residential block addressed to the City manager, _a study to deter- mine if the proposed area meets the criteria set forth above. Following the study, the City manager shall determine whether to designate the proposed area under consideration as a controlled parking' residential area or to remove the designation in the case of a- previously established controlled parking residential area. The City Commission may also request the City manager to designate an area as a controlled parking residential area based upon -a study previously conducted, if the criteria set forth above are met. (b), When the City- manager finds the criteria to designate have been met in a controlled parking residential area, he shall cause the regulation to be recorded upon an ap- propriate map of the City and retained permanently in the office of the City clerk. In addition, the City 3 .i ... manager shall cause parking signs to be erected upon public streets in the area, indicating the times, loca- tions and conditions upon which parking shall be by per- mit only. When an area has been approved, designated and posted as a controlled parking residential area, it shall be unlawful and a violation of this division to parka commuter vehicle in an area restricted to decal parking, only without having ,a valid residential parking permit affixed on the left rear bumper of the vehicle. Section S. Issuance of special parking permits upon applica- tion is hereby set forth: (a) Following the official designation of a controlled park- ing residential' area, the City shall; issue appropriate residential parking permits to qualifying applicants. Upon application a permit shall be issued only to the owner or operator of a motor vehicle who resides in the controlled parking residential area in which he resides. (b), The application for a permit shall contain the name of the owner or operator of the motor vehicle, residential address, the motor vehicle's make, model and registra- tion number. The motor vehicle's registration may,; at the discretion of the Finance Dept., be required to be presented at the time of making said application in or- der to verify the contents thereof. In the event the vehicle is registered at an address other than the local residence,` the applicant shall provide other sufficient proof, acceptable to the department of management show- ing residency within the controlled residential parking area. The permit shall be valid for a "fiscal year" as hereinabove defined and shall be renewed for each suc- cessive fiscal year. After the initial permit has been issued, any renewal thereof shall be affixed to the vehicle no later than the applicable, current fiscal year. 4 Section 6. Privileges and restrictions on residential park- ing permits is hereby set forth: (a) The holder of a residential parking permit shall be per- mitted to stand or park a motor vehicle displaying the permit and operated by him /her in the designated resi- dential controlled parking area during such times and places as the parking of motor vehicles therein is permitted. While a vehicle for which a residential parking permit has been issued is so; parked, such permit shall be permanently affixed , on the left 'rear bumper of the vehicle. -,A residential parking permit shall not guarantee or reserve to the holder of same a parking space within a designated controlled parking residential area: (b) A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking a motor vehicle is prohibited or set aside for specific types of vehicles, nor exempt the holder from the observance of any traffic regulation within the con- trolled parking residential area. (c) No - person other than the permittee named thereon shall use the residential' parking permit or display it on a vehicle operated or parked, and any such use or display by -a person other than the permittee shall constitute a violation, of this article by the permittee and by the person who so used or displayed such parking permit. (d) It shall constitute 'a violation of this division for any person to falsely represent himself as eligible for a residential parking permit or to furnish any false in- formation in an application to the Finance Dept., in or- der to obtain a residential parking permit: (e) The Finance Dept. is authorized to revoke the residen- tial parking permit of any permittee found to be in vi- olation of this division and, upon written notification thereof, the permittee shall surrender such permit to 5 - the City manager. Failure, when so requested, to sur- render a residential parking permit so revoked shall constitute a` violation of this division. (f) Any permit issued hereunder is nontransferable to another person or another vehicle. (g) The Finance Department is authorized to make provision for the issuance of temporary parking permits to bona fide visitors of residents of a designated controlled parking residential area. Section 7. A fee shall be imposed for the issuance of the temporary permit in an amount approved by the City Commission to recover costs related to the parking program. Whoever violates the provisions of this division shall be penalized pursuant to the provisions of this Code relating to vi- olation of municipal ordinances and persons illegally parked ' pur- suant to the terms of this division shall be fined in the manner presently provided in the City for illegal parking and their vehicles may be towed and stored at their expense. Section' 8. If any section, sentence, clause 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 effect the validity of the remaining portions of this ordinance Section' 9. It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the South Miami City Code and that the sections of this ordi- nance may be renumbered or relettered and the word "ordinance" may be changed to "section ", "article" or such other appropriate word or phrase in order to accomplish such intentions. Section 10 This ordinance shall take effect immediately at the time of its passage. 6 R e'OUT South M aml ANAeftaMY o� �r CITY OF SOUTH MIAMI INCORPORATED 'I 927 �t o RXv Excellence, Integrity, Inclusion ry 20:0 TO: Honorable Mayor, Vice Mayor DATE: March 18, 2003 &.:City Commission ...FROM:. Jeanette Enrizo ITEM No. HR Manager RE: City Manager Ad On Friday, March 14, 2003, the City Manager Selection Advisory Committee met to discuss and review the criteria to be set to place ads for the City Manager position. Several advertisements were reviewed and the attached job advertisement is being recommended for your review and approval. The following documents are attached hereto: • Job Ad — draft. • City Manager Comparable Wage Survey. • Copies of City Manager contracts from other cities (i.e. we are awaiting contracts from other municipalities to be distributed upon receipt). • Ads for City Manager from other cities /towns comparable to the City of South Miami. Ms. Newman and myself will be in the Commission Meeting to answer any questions regarding the specifications made on the advertisement. Please advise if you have suggestions or revisions to the ad. CITY OF SOUTH MIAMI (DRAFT) "All America City" Job Opening City Manager Summary The City of South Miami incorporated in 1927 and with a diverse population of 10,700 residents is one of the oldest and most dynamic small cities. Led by a dedicated, hands -on government, South Miami encompasses 2.4 square miles, with a traditional downtown area which has been revitalized in recent years by an influx of national and local retailers. Within this distinct "All America City" as recognized by the National Civic League, lies the Community Redevelopment Area. Primarily a minority community consisting of lower income residents, it encompasses 189 acres, and faces a number of distressing socioeconomic conditions. There is a tremendous potential for reinvestment and redevelopment, and the City of South Miami has >created the South Miami Community Redevelopment Agency to make this potential a reality. The City of South Miami is committed to continue to provide the highest "quality of life and municipal services for our community, our residents, merchants, businesses, visitors and employees. ! Description of Job i u Represents the City Council with employees, community groups, individual members of the public and other governmental agencies. Develops and recommends programs to assure the economic development and financial vitality of the City of South Miami. Develops, recommends, and implements policies, program planning, fiscal management, administration and operations of all City functions, programs and services. j Experience/Educational Requirements The ideal candidate for the City Manager position will have the following educational ro back und and experience: background • Bachelor's Degree required. • Master's in Public Administration or Business Administration or Finance and /or related field and /or a combination of education and experience is highly desired. • Previous experience as a City Manager or Asst. City Manager a plus.. Lj Emphasis will be placed on governmental accounting, budgeting, finance and management of employees. Li A minimum of 5 years of successful management experience in municipal government, business and or related organization. ❑ Knowledge of Florida municipal laws and regulations desirable. ❑ Expertise in redevelopment and infrastructure required. ❑ Experience in human resources /labor relations and negotiations. o Experience in grant administration/writing a plus. Skills /Abilities Must possess strong oral communication and written skills. ❑ Strong financial, personnel and effective management skills. o Ability to maintain effective work relationships with City Officials, Citizens and Employees. ❑ Strong leadership skills. Computer proficiency required. Salary Starting salary negotiable, depending on qualifications, estimated annual ` salary $100,000 + / -. The Process If interested in pursuing this exciting career opportunity, please submit a resume with current salary information and three professional references to: I j City of South Miami j Human Resources Department j 6130 Sunset Drive, South Miami, Florida 33143 305- 668 -2515 personnel@cityofsouthmiami.net Equal Opportunity Employer' I i i R 4 i 1 zzm A=NmzmK_mn O O C1 40 a— 0 7 0 Ct Or a i r co) d) r a1 N N = C1 CD 3. O " CL m IM O N =r : p1 O to O to O M O -a ,c cn 4h.46 w-h -4 o ivo�o "�nooe0000�o 000000x- °00 000 X000 0 O w °o N 3 O OOD O CO O L" >W OOD N CSC O 0 0'O O N O O v O O r'3 CflOO' O O A O r f z 0 m 0 0 a �M 'm C) w G) °m Ch c m NA City Central City Central CjtV Broward City rth West City Y Dade South City of No rth fast City of West Centra City of North Centr City Of West Centra City of C City of West Centra Cit of Y Broward City of „W est Centra ClearwaterCity Central Clermont Dade South Clewiston Central:- Cocoa Broward; Coconut Broward Coconut Dade South Collier Dade South Collier Broward Cooper Dade South oral Gables Broward Coral Springs, North West Crestview Central Crystal West Centra Dade West C Centra Dade City,City Broward Davis Central Daytona Central Daytona NA Daytona Broward Deerfield � North West Defuniak Central Deland P Beach Delray Beach al Deltona North West Destin, City Central Dundee West Centra Dunedin, North East' Dunnellon Central Edgewater COI tral Edge wood North West Escambia North West Escambia Central Eustis.- NA Eustis, City North East Flagler Beach Dade South Florida City Broward Fort Lauderdale Dade South Fort Myers North West IFort Walton of Ft. Pierce of Indian Harbour o f Lae ales of Lauderhill of Milton Naples Palm Pinellas Park Quincy Sarasota South Daytona South Pasadena Tamarac of Beach Creek r--I,, City „of County Count y Government City ', Cit River, City of of Beach Beach Shores, City Beach, Cit y... Beach Springs City- of'+ City of County Civil Service County Utilities Authority of Beach Beach ._.__::: :........... - .�_..._......._ "- - - -- - - - --- -- - - - - IIS49 i_- " = _ _ ..:_.=:_:.-._....,._....__:.:_.: ::.___............_............ _- _.__......_ . __....__.m.._ ....._ -- - - - - __..........._ __ .............. _..... .. .. - -� _.._ - ` - .`....T...'... :::.:._ ..__ .. : ............... --- -- .r_ ._ :: _......... of - -- - ................. -- :::...:...:.:..::. Bo and - ...::.....:::_ . —_.:._ .:: .:._.. -,. ._.:: ::_- __:.:_:::.,._::_ ::;=__ : - .=::. . --. :. -.- :_:::..:::.:_ ::_..:_:::.; :.-• : = ... - .......:.. - _.........._ .: _ ..D ---- -_1� :_. . - _ _: - .... ..... - ; - - - � -_ _ iEl ME _ -. ` =f7 - _ _ :.- = _ � � :..._�..:,:. _-:- -� a i North West East Central West Centra Dade South No rth East Central al Okaloosa - _.,_..._._....... ' "" �. _ ............... - - -" - =- -__ =- - - - - -- - - -_ -= -- -- - ,.,...,._ ::_:.,_::._ ................. - - - - - - i.. �" •' _" - _ -- _ _.._.......__ ......... - - - -'_ -- `- - — - -- -• - - -- .._ ....... ........_. _._.... ___..,:, _ _ :::::::........ . -- _ Okeechobee` Oldsmar op. Locka, 0 a -lock Orange City al Orange County Centr al Orange County Government North East Orange Park Central Orlando Utilities Commission' central Orlando, City of Central Ormond Beach Central Osceola County Centr al Osceola County BOCC Central Oviedo Palm Beach Pahokee North East Palatka Central Palm ;Bay, City of Palm Beach Palm Beach County Palm Beach ]Palm Beach County Clerk of Court Palm Beach Pal 'County m Beach � Sheriff's Offs Palm Beach Palm, `Beat h Count Tax Collector for [Palm Beach Palm each Gardens Palm Beach Palm Beach, Town of Central Palm Shores _.._ : ..::....::.:... Palm Beach Palm Springs West Centra Palmetto, City of North West Panama City North West Panama City Beach , Broward Parkland , City of Broward Pembroke Pines _ North West Pensacola West Centra Pinellas Co. G ovt- Unified Pers.S West Centra Pinellas County ' HE MEN Mml West Centra Temple Terrace City of -5. " Pal Beach Te'uesta :.:._ ....._ :.:. __,. s __: ::::_.::::_:::_ _:._.. _ .::_.:_:_:._.:.::-.- __- .:........::......._......._._ ................ Central Titusville — __:.:.: _..... ... _...._ ......... ......---- .-- ._..............__ ...._ _..... West Centra Treasure Island, City of ...... - ......:.. __.::.:....____:_: - Central Umatilla .:...... -_:: r_.:__ r; =:: -; -::-_ .-_;:_- - :_._.._._.�....... North East Utah Transit Authority Y _ _.- _....._ ._... _..........._...._........... _._..._.... _ - - -- _ " ' - - -- .. North No rt Val raiso ........... -__: - _ — . _-- _ - - - -= - - - ...= ....- .............. _ . West Centra Venice City of Y _='= _�= '_h::_? .............. ....- East Central Vero Beach _::::: _..._._._...- - ..._._ -= # ......... _.:..;- Dade South Village of Pinecrest :-_ Central Volusia Count BOGC - .......... . _ _ ....._._..._._. West Central Wauchula, Palm Beach Wellington, Village of :......_.:._..._::" ._.r_.:.-_: : __ .............._..�_.__ .._..... _,. Central West Melbourne ..,.. ____::...._.. --.... .._..__:..:__..- :::::::::::::::::::_: ::_:_- :.. ....... ::- :::.::::_..:. Dade South West Miami. - - -.. - -- .._..., .... _ Palm Beach West Palm Beach -- ... -... _.. =..., .__::_::= _::.::_:_: Bro and Weston - West Wewa k _.: �_North ................._... .... _ .................._. _ . _.__._.. North Centra White Springs _.......__... ,..__.._...__ .............._ .. .._ ......... . - __ --- _ _ ......::..::.:- :_.: °___ - .. .............. Central ` Windermere . - _ ......... _:::::::::::- := ::-::...... _._........_. :._. _ Central Winter Garden z_.........__._..._..... ____.._...... ........., ....:...:..... ._ .._..........._ .0% = .:.::.... , - - Central ' Winter Haven ...... -_ ::. . . .. :.:.. Central Winter Park _ 9_ :.::..: :::::..::---- ..,..._::..:_ - -_•: Central Winter Springs _ _. . .._ .. : ..: _ -- :..._..........: . . .._ .. ._ ...................... Centra Ze h rhills .._._ ...... .: ._._._— ... _ .................. _ ..... _m ' = _-_;West = { MI[)...:.. ....; Niltl .' .::. NI3X AVERAGES 73929.913 94114.76 105382.21 103800.25 MEDIAN 76748 98470 107614.5 102244 NOTES: AVERAGE & MEDIAN -- If any of the values in these rows appear as "###", you nee To do this, select the 2 rows and click FORMAT/ COLUMNS / AUTOFIT SELECTIO FROM CITY OF MIAMI SPRINGS HR DEPT, FAX NO. 305- 505 -5022 Mar. 14 2003 04:15PM P2 4 RESOLUTION 2002 -317 A RESOLUTION APPOINTING MARIA V. � DAVIS ' CITY' MANAGER OF THE CITY OF MIAMI SPRINGS ESTABLISHING '; , CONDITIONS OF EMPLOYIMiENT, SALARY ; AND BENEFITS WHEREAS, the City Council of the City of Mian -, Springs voted at a regular meeting on December 11, 2001, to appoint Maria V. Davis as 'interim City Manager of the City or Miami Springs, effective - December 17 2001 through her appointment as City Manager; and thereafter to appoint Maria V. Davis to the position Of City Manager, effective January 14,2002; and WHEREAS, Maria. V. Davis has considered the fallowing terms and conditions and salary relating to the office of City Manager, and has accepted same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS, FLORIDA: See. 1; That Maria V. Davis, hereafter referred to as DAVIS, be and she is hereby cOnfirrned as City Manager of the City of Miami Springs,; hereafter referred to as CITY, from the effective date of January 14, 2002. See. 2: For the period January 14, 2002 thrmugh September 30, 2002 and each fiscal year thereafter, DAVIS shall receive the salary and benefits established for the City Manager's positions in the current budget and each annual budget thereafter, and the benefits provided herein. The base salary shall be $95,000 per year. DAVIS will also be entitled to receive the same annual cost of living adjustment granted to all other erriployecs. Sec. 3: After the annual evaluation and upon a. rote of confidence each October as required by the City Charter,-, DAVIs shall be provided a merit increase, the amount to be determined' at the discretion of Council. Sec, 4: The CITY shall self-insure or otherwise provide and pay for professional liability insurance to fully defend, inde=ify and hold harmless DAVIS against any and all claims, demands, suits, actions or proceedings of any kind or nature, arising out oft1 a performance of duties and responsibilities as City Manager. Resolution loo. 2002.3176 FROM CITY OF MIAMI SPR i PrjS HR DEPT, FAX NO. 305--905-5022 Mar. 14 2003 04 :15PM P3 Sec. 5: The CITY agrees to continue to budget and pay the protessional dues and subscriptions, travel and living expenses related to professional and official travel, mactings, atld participation in national, state, and local associations ; and organizations, necessary and desirable for the good of the City of Miami Springs and for professional participation and continued growth and advancement, subject to prior Council approval. Sete. 6: The CITY agrees to pay or reimburse job affiliated expenses incurred by DAVIS in the conduct of CITY business; and provide a $430.00 per mouth vehicle allowance Sec. 7: DAVIS shall be Credited with 18 drays of annual leave each fiscal 'year, commencing January 14, 2002 and on October 1 each fiscal year thereafter; and shall be entitled to carry forward all unused accrued leave from year to year. DAVIS shall further be credited with any and all side lemv accrued during her prior employment with the CITY. Sec. S; The CITY shalt contribute 15.00% of DAVIS' base salary stated herein ($95,000) into the International City Management Association Retirement Corporation 401 Qualified Pension flan during the team of Davis', employment as City Manager commencing December 17, 2001. Sec. 9: The CITY shall provide to DAVIS 401 A Benefits at the rate of 15.00% of her Public Services Directoes salary ($$0;767.00), commencing October 1, 2001 ' through December 15, 2001. Sec, 10: Until such time as a Public Services Director is hired by the CITY, DAVIS shall fulfill all duties and responsibilities associated with that position and shall recaive a stipend per pay period of S576.00, said stipend representing'' the amount of $15,000 annually, Sec. 11. If DAVIS is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond all accrued leave, the CITY shill have the option to terminate this Agraeanent, subject to the severance pay requirements. DAVIS shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits. Sec. 12: DAVIS agrees to serve at the pleasure of the City Council for an indefin$te term and recognizes the Council's right to tettnirzte the City Managers tea of employrne —nt with or without cause. The CITE'' a; grees to provide DAVIS with at least eirty (30) days written notice of such termination, upon the 2 Resolution No. 2002 -3176 FROM CITY OF M I W I SPRINGS HR DEPT. FR}; NO. : 305-805-5222 Mar. 14 2003 04:16PM P4 expiration of which I)AVIS shall receive a cash lump sUm equivalent to sick leave, vacation, ninety (90N) days base salary, in addition to any accmcd holidays, corcapensatary time and ether accrued benefits upon termination. Tn the event the City Council should desire the Manager to terminate days ase to ninety (90) immediately, a lamp sum cash payment equivalent salary shall be paid to DAVIS upon the effective date of termination, in addition to any accrued side leave, vacation, holidays, compensatory time and other accrued benefits upon termination. Should the City Manager during the term of her active employment be Sec. 13: convicted of felony by a duly constituted court of law, the CITY shall not be obligated to provide the above severance pay upon termination. Sec, 14; DAVIS agrees to give at least thirty ( 30 ) days written notice of her intention to resign, unless a lesser time is determined by mutual agreement. Upon effective date of resignation, DAVIS shall be compensated for any accrued sick. Dave, vacation, holidays, compensatory time and other accrued benefits, however, DAVIS shall not receive any additional severance or separation pay as a consequence of resigning the position of City Manager. Sec. 15: It is und=stor d. by the CITY and DAVIS that this Agreement and its provisions shall remain in full force and effect until® or unless, a new is by either party and is renegotiated on terms and Agreemmt requested conditions mutually agreeable to'botb parties, except as to salary which shall be periodically adjusted by annual budget adoption, or as otherwise authorized by the City Council, but which. will not be reduced during, the term of this Agreement. Sec. 16: All other benefits provided to DAVIS or to the position of city Manager shall be continued on the same basis as previously provided unless specifically amended sir modified by the City Council, but which will not be reduced during the term of this Ag ement< Sec, 17: Other than provided herein, DAVIS, as City Manager, shall be subject to such terms, conditions and duties or responsibilities as are provided by the Charter and Ordinances of the city of Miami Springs or as may hereai�er be enacted by the City Council, Resolution No. 2002 -3176 FROM CITY OF MIAMI SPRINGS HR DEPT. FRX' NO. 305- 805 -5e22 Mar. 14 2003 04:17PM P5 OPTED b the City Council of the City of Miami Springs, Florida this 14th day PASSED AND Y of January, 2002 The motion t® adopt the f Oregoing resolution was offered by: ouncilwonian seconded by: �ounci'_wv a ultcsal and an roll call the following vote ensued: Vi. e Mayor Caudle aye Councilwoman Fulton M ye0! councilwoman fJR=On "aye9, Councilman'Youtigs s9 e11 Mayor Wheeler Richard L. Wheeler' Mayor ATTEST: chIC Ma i ells, `qty Clerk 4 Resolution. No. 2002 -3176 mnR 14 2003 2:45PM HP LRSERJET 3200 p.4 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AME NT TO EMPLOYMENT AGREEMENT is made and entered into this day of November, 1996, between the Village of Key Biscayne (tht "Villager) and C. Samuel Kissinger (the "Employee "). WHEREAS, on February 25, 1992, the parties entered into the Employment Agreement (the "Agreement") providing the terms and conditions of Employeers employment as Village Manager of Village; and WHEREAS, the parties desire to amend the Agreement as provided in this First Amendment to Employment Agreement (the "Amendment to Agreement ") ; and WHEREAS, the .Agreement, as amended herein, shall constitute the Amended Agreement. NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN THE VILLAGE AND EMPLOYEE AGREE THAT THE AGREEMENT IS HEREBY :AMENDEn, AS PROVIDED IN PARTS A -C: P & That Section 2 of the Agreement entitled "Term of Employment "is hereby amended to read, in its entirety, as follows SECTION 2. TERM OF EMPLOYMENT (A) Employee's term of employment shall be for a period of three (3) years from November 19, 1996 until November 18, ,1999, unless terminated as provided in the Amended Agreement. Sax (6) menthe prior to the expiration of this Amended Agreement, the Village Council and the Employee shall meet to discuss the renegotiation or renewal of this Amended Agreement if requested by either; party, (B) Nothing in the Amended Agreement shall prevent, limit or otherwis6: interfere with the right of the village Council to terminate the services of Employee at any time, subject only to the provisions set forth in - Section 3 of the Amended. Agreement (C) Nothing in the Amended Agreement Shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from the position of Village Manager, subject only to the provisions set forth in Section 4 of the Amended Agreement. EMI B that Section 3 of the Agreement entitled 9°Termination by village and Severance Ray" is 'hereby amended, to read, in its entirety, es follows: SECTION 3. TERMINATION BY VILLAGE AM SEVERANCE PAY (A) in the event that the Employee is terminated by the MAR 14 2003 2 :46PM HP LRSERJET 8200 p.5 `pillage Council during the first or second year of the three- year term of this Amended Agreement, at which time Employee is ready, --' willing, able and continually available to perform has duties' under this Amended Agreement, the Village agrees to pay Employee a lump- sum cash payment 'equal to twelve: months aggregate salary. in the event that the Employee is terminated during the last one -year period of the 'three -year term of this Amended Agreement, at which time Employee is ready, will'iaag,�, able and 'continually available to perform his duties under this Amended Agreement, the amount of such lump sum cash payment shall be pro rated in accordance with the number of days remaining in the unexpired tern of the Amended Agreement; provided however, that the applicable lump sum' cash payment shall not be less than the _equivalent of six (S) months aggregate salary. (B) In the event that the Employee is terminated because of conduct unbecoming a public official, including but not limited to criminal conduct, the Village shall have no obligation to pay the' aggregate severance sum' designated in subparagraph (A) above. If Employee°s.emp.oycr.ent is terminated pursuant to this subparagraph (B ), then the Village shall pay to Employee all accrued' compensation due to the Employee as of the date of termination. After the payment described in the immediately` preceding sentence of this subparagraph E, the Tillage shall have no further, obligation to Employee pursuant to the Amended Agreement. PARS The Agreement is emended by revising all references to -� the "Board, of Trustees" to read "Village Council". VILLAGE AND EMPLOYEE FURTHER AGREE that except as to Section 5 of the Agreement :entitled "Salary",' which has been adjusted by the Village Council, and as amended ''by this Amendment to Agreement, that certain Employment Agreement of February 25, 1992, ` shall' remain in full force and effect.:` IN WITNESS WHEREOF, the Village of Key Biscayne as 'Village and C. Samuel Kissinger., as Employee, `have caused this Agreement to be signed and executed, in duplicate, the day and year first written above VILLAGE OF FEY BISCAYNE C. SAMUEL KISSINGER VI LRG OUN IxB3TS .7 By. MA R +� S?�M7EL K SIi I LLAT: GE CLERK 2 4,o- MnR 14 2003 2: 47PMM HP LASERJET 3200 P.6 s EMPLOYMWr AGREEMENT THIS AGREEMENT is made and entered into this d'.Sth day }of Februaury', 1992, between the VIUAGE GP KEY BISCAYNE (hereinafter the VILL4GE ) and C. SAMUEL KISSINGER (hereinafter the " EMPLOYEE% pursuant to the following terms and conditions: A. WHEREAS, the VILLAGE wishes to employ the services of C. SAMUII. KISSINGER as Village Manager of the VILLAGE OF KEY BISCAYNE; and B. WHEREAS, the VILLAGE and EMPLOYEE desire to provide for certain procedures, benefits and requirements regarding the employment of EMPLOYEE by the VILLAGE; and C. WHEREAS, EMPLOYEE wishes to accept employment as Village Manager of said VILLAGE under the ,terms and conditions set forth herein. NOW THEREFORE in consideration Of the mutual promises and covenants contained herein the VILLAGE and EMPLOYEE agree to the following; SEC'i1ON L. DIMES VILLAGE agrees to employ C. SAMUEL KISSINGER. as the Village Manager of the VILLAGE OF KEY BISCAYNE to perform the duties and exercise the power as prescribed by the. Village Charter and Village Corte, and to perform such other legally permissible and proper duties and functions as assigned by the Village Board. of Trustees freom time to tune. SEC'nON 2 OF EMi (A) EMPLOYEE'S term of employment ` is indefinite, subject to the conditions contained herein, and shall commence on March 2, 1992. (E) Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Board of Trustees to terminate the services of EMPLOYEE at any time, subject only to the provisions set Barth in SECTION 3 of this agreement. (C) Nothing in this Agreament shall Prevent; limit or 6therw se interfere with the right of EMPLOYEE to resign ' at any time from the position of 'Village Manager, subject only- to the provisions set forth in SECTION 4 of this agreement.'. SECTION 3. TERMINATION RY VILLAGE AND SEVERANCE PAY (A) In the event EMPLOYEE is terminated by the Board... of Trustees during -such time that EMPLOYEE is willing aria able to perform his duties under this agreement, the Village agrees to pad' EMPLOYEE a dump sum cash 1 MAR 14 2003 2 %48PM HP LSSERJET 3200 p.7 payment equal to three (3) months aggregate salary. The EMPLOYEE would also receive payment for any accrued vacation and sick leave in accordance with the Village's policies governing other employees. The lump sum cash payment shall be made with in fifteen (15) working days of ` termination. After the payment described above, the VILLAGE shall have no further financial obligation to B4PLOYEE pursuant to this Agreement. (B) In the event EMPLOYEE is terminated because of conduct unbecoming a public official, including but not limited to criminal conduct, or is terminated because of failure to perforce at a level acceptable to the Board of Trustees, the VILLAGE shall have no obligation to pay the aggregate severannce sum designated in subparagrap'b (A) above. Pursuant to this Agreement, '°failure to perform" shall mean a written finding by the Board of Trustees. If EMPLOYEE's employment is terminated pursuant to this subsection, then the VILLAGE shall pay to EMPLOYS ail accrued compensation due to the EMPLOYEE as of the date of termination. Auer the payment described in the immediately preceding sentence, the VILLAGE shall have no further financial obligation to: EMPLOYEE pursuant to this Agreement. SECTION 4 TERMINATION BY EMPLOYEE In the event EMPLOYEE voluntarily resigns his positid6' With the Village, then EN PLOYEE shall give she Board of Trustees at least one month written notice in advance, unless waived at the sole discretion of the Board of Trustees. EMPIAYBE shalt not be entitled to receive severance pay. SECTION S. SALARY (A). The initial salary of EMPLOYEE shall be $82,500, 'which shall be payable in installments at the same time as other employees of the Village are paid . (B) The Board of Trustees agrees to evaluate the performance of the E%IPLOYEE to determine any adjustment in annual salary and /or benefits at least once annually, pursuant to the terms of SECTION 5 of this Agreement. Any adjustment In said annual salary and /car benefits shall be based -upon the results of the performance evaluations SECTION 6. PERFORMANCE E tALUATIoN (A) The VILLAGE may review and evaluate the performance of the EMPLOYEE at least once annually. Said review and evaluation shall be in accordance with procedures developed jointly' by the VILLAGE and the EMPLOYEE. �.... _:. (B) Annually, the Board of Trustees and MAPLOYEE shall define goals and performance objectives that they determine necessaryl for the proper operation of the VILLAGE and in the attainment of the Board of Trustee's policy objectives and shall" further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annml operating and capital budgets and appropriati6fa provided, Z MRR 14 2003 2: 4SPM HP LASERJET 32170 p.8 SECTION 7. HOURS OF WORK EMPLOYEE agrees to remain in the exclusive employ of the Village of Key Biscayne and shall, not accept any other employment during the terms of this Agreement. 'EMPLOYEE further agrees to devote that amount of time and energy which is reasonably necessary for EMPLOYEE to faithfully perform his duties under this Agreement. SECTION 8. AUTOMOBILE The VILLAGE shall pay EMPLOYEE a monthly transportation allowance in the amount of $400.00 for use of his private automobile in furtherance of his duties. SECTION 9. RETIRFMENT/DEFERRED COMPENSATION (A) The VILLAGE shall contribute into a retirement program chosen by EMPLOYEE- in an annual amount of 9% of annual salary. (B) If EMPLOYEE desires to participate in the ICMA deferred compensation programs, the Vi GE agrees to execute all necessary documents or agreements provided by the 1CMA Retirement Corporation and contribute into the ICMA deferred compensation programs on behalf of EMPLOYEE at the level provided in paragraph (A) above. SECTION 16. INSURANCE AND INDBMMCAT10N The VILLAGE agrges to pay EMPLOYEE an insurance allowance of $81300, payable March 1, 1993. In the event EMPLOYEE is terminated prior to March 1, 1993, EMPLOYE sball'be entitled to a payment by the VILLAGE equal to S692.00 for each month of employment. After March ;1, 1993, the VILLAGE agrees to provide an allowance to EMPLOYEE to pay the costs of PLOYEE's current insurance I benefits, including health,:: disability and . life insurance, its an amount not to exceed $9,800 annually. EMPLOYEE agrees that the Village shall have no further obligation to provide rather insurance benefits to EMPLOYEE during the term', of this Agreement. SECTION i 1. VACA-11ON, SICK LAVE AND HOUDA"YS Commencing upon the effective date of this agreement, EMPLOYEE shall accrue vacation time at the rate of 1.7 days per month and sick leave at the rats of 1 clay per month. EMPLOYEE shall be entitled to holidays at the same rate as other employees of the Village. - EMPLOYEE shall not -use - -more- thaa -5 rata �rmrA °- Y _..._. days consecutively without prior approval of the Beard of Trustees. EMPLOYEE may accumulate up to 40 days of unused vacation time. Accumuia.-ted'v aeatiad time in excess of 40 days shall be forfeited. by FNPIDYEE SECTION 12. PROFESSIONAL DEVELOPMENT (A) Subject to Village policy, State law and subparagraph (C) below, the - VILLAGE agrees to pay the reasonable professional dues and subscriptions of EMPLOYEE necessary for his continuation and participation as a member in national, regional, state and local professional associations and organizations MAR 14 2003 2a51PM I HP LASERJET 2207 P.9 necessary and desirable for his continued professional participation, growth and advancement, and for the good of the VILLAGE. EMPLOYEE shall not hold office in any local, state, regional or stational professional association or organization without prior approval of the Board of Trustees. (B) Subject to Village policy, State laws and subparagraph (C) below, the VILLAGE agrees to pay the travel and subsistence expenses of EMPLOYE for reasonable professional and official travel, meetings and occasions adequate to continue the professional, development of EMPLOYEE and to adequately pursue necessary official and other functions of the VILLAGE, including but not limited to the annual conference of the Florida City and County Manager's Association (F MA) (C) The Board of Trustees shall approve in each yearly budget a. certain amount that may be expended by the` EMPLOYEE for those items listed in subparagraphs (A) and (B)' above, in accordance with then existing Village policy. Nothing contained herein shall require the VILLAGE to include in the budget enough money to pay for all or any of the items listed in subparagraphs (A) and (B) above. (D) Subject to Village policy and State law, the VILLAGE agrees to pay, the travel and subsistence expenses of EMPLOYEE to attend the annual conference of the International City Management Association ('iCMA). S1 ON 13. MOVING/RELOCATION' EXPENSES The VILLAGE shall provide a one time lump sum allowance to the EMPLOYEE In the amount of $5,000.00 for moving and relocation expenses. SEC110N 14. RESIDENCY EMPLOYEE agrees to permanently reside within the Incorporated limits of the Village of Key Biscayne during the term of this Agreement, and shall assume permanent residency not later than six months after the effective date of this Agreement. SECTION 15. NOTICE Notices pursuant to this Agreement shall be given by certified mail through United States Postal Service delivery, addressed as follow. VILLAGE Mayor and Members of the Board of Trustees Village of Key Biscayne with copy to 'Village Attorney EMPLOYEE C. Samuel Kissinger Village Manager MRR 14 2003 2 :52PM HP LSSERJET 3200 P e SECTION _Lbe OTHER TMM AND CONDITIONS (A) if any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect, ( B) - The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed .`as a waiver of any subsequent breach by that party. (C) The rights and obligations herein granted are ,personal in nature and cannot be transferred by the EMPLOYEE except as provided in any benefits, including without limitation, retirement, disability and death benefits. (I7) This Agreement contains the entire agreement of the parties. It may not be changed orally, ' but only by an agreement in writing signed by the parties hereto, (E) This Agreement shall be governed by Florida lame and any litigation which may arise from this Agreement stall be ,filed and litigated in Dade County, Florida. IN Wn NNESS ` EREOla, the Village; of Key Biscayne as VILLAGE and C. Samuel Kissinger as EMPLOYEF, have caused this Agreement to be signed and executed, in duplicate, the day and year 'first written above: VILLAGE OF KEY BISCAYNE C. SAMUEL KISSINGEit BY iii! BOARD OF TRUSTEES MAYO V 11AGE' Ci:ERI� APPROVED AS TO FORM: m� VIU AT-VRNV i �_ r * MAR 14 2003 2:44PM HP LRSERJET 3200 P.2 SECOND AMENDMENT TO EMPLOYMENT AGREE THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 3rd day of August, 1999, between the Village of Key Biscayne (the "Village") and C. Samuel Kissinger (tile "Brnpldyee "); WHEREAS, on February 25, 1992, the parties entered into the Employment Agreement (the < 'Agreement") providing the terms and conditions of Employee's employment as Village Manager of Village and amended the Agreement on November 19 1996; and WHEREAS, the parties desire to amend the Agreement as provided in this Second Amendment to Employment Agreement (the "Amendment to Agreement "); and WHEREAS, the Agreement, as amended herein, shall constitute the Amended Agreement. NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE VILLAGE AND EMPLOYEE AGREE THAT THE AGREEMENT IS HEREBY AMENDED, AS PROVIDED IN PARTS A -D PART A. That Section 2(A) of the Agreement entitled "Term of Employment" is hereby amended to read as follows:' SECTION 2, TERM OF EMPLOYMENT (A) Employee's term of employment shall be from November 19, 1996 until January 26, 2001, unless terminated as provided, in the Amended Agreement. Six (6) months prior to the expiration of this Amended Agreement, the Village Council and the Employee shall meet to discuss the re- negotiation or renewal of this Amended .Agreement if requested by either party. PART B. That Section 3 of the Agreement entitled "Termination. by Village and Severance Pay' is hereby amended, to read, in its entirety, as follows: (A) In the event that the Employee is terminated by the Village Council during, the term of employment extension provided by this Second Amendment to Agreement, at which time Employee is ready, willing, able and continually available to perform his duties under this Amended Agreement, the Village agrees to pay Employee a lump -sum cash payment equal to six months aggregate salary. (B) In the event that the Employee is terminated because of conduct unbecoming a public official, including but riot limited to criminal conduct, the Village shall have no obligation to pay the aggregate severance sumo designated in subparagraph (A) above. =t'c^t 17771` k,., v MnR 14 2003 2a45PM HP LASERJET 3300 P.3 APPROVED As To FORM: VILLAGE ATTORNEY 103001Oamendment.n26 r ,1 3 P. 32/Oe i � �aL ck 26 em SL Olp. figo 4 lap ep m. N6 n ., . Vin'' ® ? �, a jai' P. F of q 1, UR Rif go, .n s IP M 1111i Z ., . Vin'' ® ? �, a jai' P. F of q 1, UR Rif go, .n MAR— 2-2003 16:45 NATIONAL LEAGUE OF CITIES P . 03,,02 .",,," uY,ai "O.Y,ORV"y ,ray,/GWp MW in. his ,augural address. improving member of the Working Groin on excttmg tune for the Department of-biate educatioxx and public eafety, vtrhiab he Homeland Security. ■ and I look forwxd to Governor Bush and the citizens of Xt' onda, Thin position also invoiv�ln; anwuguw a mange, ;raat writ r%v and employee rela• labor rriadonsfcoliective bang staff of five (Wbunt City Cuumelors. :lions to; City of Euv ice, Arta; Jaoaes Strong 91174111M IRMAgemel CI City , ProseQdor aemd are wiminiytretive ' 1). Ewwn, M w, P.O. lid" 147, ground, buditetingle4tat imp position). Adslliionalls. this Position cuun _ Etuaice, NM SOZ31. All material must progrenirninFg skills; and prior df,nateq outakle kwal ' service;. Qualified be rc ve ve-d no Iater dw close of busi• ersperience in a :aatailor aiad to Rates: 512.dfe pu:r line. Aticr tlu c ins i r- %wr- thrth >rtdividualsvn�i stave ai jurfs Doctorate, ten ness F 7,,2t- 0. An information Visit www.da.rniddktown.ri.us fo dons (no copy chanine. tik k or more ykial'! of jutreisively responsM packet may be obWned by writing or caEl• Information.'&!nd resurm, &a W. top. is free. Inafionw may be spread ble loges) experience 4m*fe ably within a Wig and S prnft altaiYal rcfetEnr[S [C ow-T three muntht or kess Municipal successlul written and Diblrt, )human Resourm it DtwWw; Week before the first irmr- ,govt), oral communication 16; t�>tppTiLwce working with budget; knowledge of 1t+CAk+fEttsF.hi�1VT ASSB�iAN1 t City of Long Beach, Calif. %iauy' M149 month- mo FAA Main Row N6ddlrs (19842 Orr IFA47C so 4014411w lion. Mlcra" office. Mistxmoi Star License ly, IAw ex- 61lent beneSta. The one -year empll to huraaQUCttatucee�ci Torms€ NIAshur reserves the right to to Practice IA* surd license to Practice required. ?lt r xnd Isu•Fedcral w prcWwe4 t]c ned to attract, develop and reudn innovative ind'r s. in lcaa gUv tuwft.rLus. 'Appiicxttian ctom , 3 /lydcry nnYlanyadvcrutingdeenedunsuiuiale. 01* open ads will be accepted, court cover letter and resume to DabFu Ca'aukg. ertunenk ba ins on juiy 1,; 24x1, Apps' going as resumc s recuive:d� 1101' NWI M;11"tiscia4; 04py to; claarsifiotl Human Pwmrrav xrector, City of In&penddenee, 223 No, IVMCat wriail, gaits must have cciattipk k d requir4 nla tar a master's c twvo in public atdrdniw U RMN b1FV'EWPMF.'N"r Adverli;;ing; Sales Man ag ar, Nation's hjdtpcndente, MU 64(A, 0. You muy tration, bugnest4 administration or a me at- TOR; City of Ilion Ruug;a- Citica Wwidy, 1301 Perimyi lvaarda Ave. also view the sub posting on tar wcb:;ile: ed Wd -by July 1. 2(M. For more Infor. east Baton Rouge, The City N.W., Washington, D.C. 20004. www cLindt'tx:ndencc:.mo,u minion, call (,,Wd) 57(W415. For a ciet.Ued Itougo-Parish of I ° ;d Heaton Rn f description of the prrag ;ratrs, visit 4uciraittt: ermmtFnt is seokdns; qualiflc:d f rAX aadvertieting crap!' In, Nation's CITY DEB. l unioe Masi ° - wway.ci tom cac}e.w.uatlhr /ettipdoy for the, ganyitirn of urban Dm (;jtiA warkly at (242) W.W.3, to the co, -Ifae community of Eanice, New Mrx- we%/nuww.htm App3cadon m.°aWrWs Director in the Office of Co auention of Laus aTuraner; ICD, which is locawd In }her rail fields of niust be postmarked W F:rida%jXmuuy envelopment. This unclassified E-mail advertising ca to, aNdack i South�ea€tern Near Mc�m, is ivukirg for a pr'rA%,iional to III the newly created 31, 2t . EOE. is responsible for planning, t' X1,11 t and Dycrwm�lx Wtli 1.YQn1e,org, pasilion of "City Manager" Eunice is a TO" ADMIN1167MTOW yawn of operations of the City-Parish' sans)) comaauinity of 21•aU0 plus residgn%, Middletown, Rhode bland, Salary: Cut"- tlf ?ME, E.. G' and HOP'V4A P The city government has Zit full-time= memurate with b round and expen- S:appor!;e Housing Progran employees acid operator's on a $1,354,000 ence. The Town of MlildleIn'" (pops a" under the Contintlutn of Cue, as general fund budget and a ^p969,000 'don 17,3,'4) is t ellcinag a dynamic, highly iudon Aasi ncc Pro 910M and Ci'N COUNSELOR: The City of lndt water /s+ewrer fund budget. 71W salary range is $sU,t)04 to $70,(W Ii1it;2r`i:. nencod innovative professional to teed a municipal vrRatti�ticn sari( uvo;r S Mad. Rehab, component t2f Tr)ial ranrua] budget of appruxkrn' pende-mce, Mo. (115,s,X.i4 pnpj is se4kinirf por�son for the highly visible poAtion of Eunice is looking for s City Nia eager with .25 ull tiinc' municipal and rava:r idl4 ,r a tniklion, RcrluiROS arkiog ltaaov City coon sales Ind"Venijov -e is a n1hriv- at least a bachelor's deli in uXwLrn- mental accounting, public adnainbatration sonaal employees. The co rcnt Coral P)ind budget is $47 milliewL The severs. I lI1A f5t'aSgri'-aM4 grant co, activities, aYffkbrdab ss housing, or ingg suburb is the Karaeuus City County metropolitan area. and the fourth or a closely relaked Wd. A minknum of ' member lawn Council appoints the Town AdminWrator who is responsible mwnication skills, aba7'aty to estau largest cdtty in Miasvrark, I he City of Inds five, years of prop es&e atitnintnrahve experience is required with ;seven yew for saki aapect3 of Towm Goverment malt Wig +effective working rela', with local state and federal agF rn, txrtdr•.ncr carp oYn ricer 1100 full time unplrayees. This position involves advts- cxponcr= preferred. Emphaa:is v,m be placed on gr vernsmitail accounting, bud- ad>r nistradon, Town depsttmeftta )nude Foice, Futi, Public- Works, Sew cr, and the lJublic:. Desired Quali:, Saoheber, degreer and anaintt, ing the eery Mirager and City Council in : •oruian with City gxalkic , prraetvlvrc� geting and finance, grant writing and ,Parka; acrd liecr+'ation, Labrary Semior Center Finance, Plannirm and Sanitation- g�d��t�(dottrae in, bueancw dtrbpr! ptanr:ir mul applkabk.lama;. In addition, thi€ ga Y;i- em l ee relations The City lUiataagt r Poy ty will report directly to the Mayor. Th "PAY, glees a 13achebr'sa degree in vlalic U or administration, related field atnd or twdterasive Bosse biLryes tint following departments Within thu: orgaaaizcaation: Community please send a current, rturr>s:, three let admusiAmdon or rclttted field, Masters experience in urban renewrr:d, ca Development, Police, 11re, thiman itinance, ters of recoisnnendadon and a nama&c that detalls your professional expereara degree preferred, mttumum,:5 y=%, uses- mshhj mm;a&4nent experience. Muk tivveisapmEmt, rdffcrrdabkc: Iron directly rolaled fie): .ncluding,; Rmiou x:t:s, Power & light, Watts; wax- -r Pollution Control. Public and/or abilities as they relate to govern powsc*ss Krongr leadership and interper- W supervisory expericrte+y (i Wiark Health and Parks & Recreation. mental accounting, budgeting and 11tartal /tommunicsation skills, expertise in any equivaaknt binadon azf Mary: , and experience. 596,9111, auusw�lly (deperlulk%ag on gaaaiif f Xco-llent Benefits �'askatse: Hei MAXIMUS �•••�••w•��... '. 1YF1PAYf.'® d7Yi8Gi.{iFJdr.a�SYE77dEl+iQPL£ : arrlq eF Norin_Roberts Tile a + 'c ctrlvt R e;umr>r pubieym 6cm11etfing rgouaault On4adl AnWaaft Rya. o & i4as w4mrAnt 10474 Santa Hunica Blvd., Suite LUS Inknottkm T & LAS Arttrla� , CA 90025 . tirg ant�arssnn Matragtei • Ct naprr tarl/a8! 4nd 00 a-Ap 7kaWng Tol. (310) 475 -SWI I Fax (i1u) 47;, -AW17 CALLWRCwUW6Mrmx email: t i�1,sa LaanlAkd f u<nw+ddY kd Aatanna. Grt+eA* 3W !AO N. -W 11Raat4 swk t13, Laity leek El 61M . w ebsite: vm mixkmus,c om mo 5: a -carat - rxx ergs) j TEL OM 211440015 -I sees .. RA,am • FAM K l . c- awry nrwpeo wbro 3M A' "T du'tAwie EICNM 1wC!` UMM1: i1'l'ls UMA ° MST l Mesh, -13 -2003 16:46 NATIONAL LEAGUE OF. C I T I EE P.04/08 M1 persistent banters to self -Su Cieney, Local rill have an opportunity el m a senior ;nanaVr /KdmW s mv,,,. A [icy experts and prncti- � Bachelors degree with more relcmt discum cutting -edge °eience may be aca,tatabie. ,nc suc. , for poverty reduction, 5 cessful candidaty will have: demonsttUd °e plarinere also want pl e*edence with n:anagemer►t of major municipal infrastructure prOgrams. �e t ce the need for a e hmnan resource managenie�+t/law and welfare and work Rom, ,$12,M per line, After, threx inser, develaoiag /op ag with per - mdw. Congress it like Welfare Reauthcr tune (rnSS copy ch t s? 9 the fiourtiz inner• sotanel k2derslvtZ. te= building and a6asfi lion is ime. insertions med not ba con, developmeAt slos are considered eve- i a up run n 2pp1, semtive, but may be t�omd ovtr three c;ally important, Knowledge of grant is aced ettperk"ce w �r��j ivals or organizations mK'nths or le"6' processes neeessary, demonstrating succesdui interactions Ye t the public sued private pu Dsi dUw; Week before the .fimt miler- with caw and Federal f gnus agen4des j if! 1fQVe Ai+g�7+�l1CM As ae Aiiw is lax, of nv i i" : 41< AI1f +ilOtliUl�.bRY11�lf'ASdPk7WiWBi. Y /1V�•,�. %at have an interest in ti nn.o is hifihly desirabld:. A.rtQel p'u°e has a A4sy welfare sv.d 4'v4r1t#'oriee gent policy and pro- Term, Publisher reserves the right to or /Council form of government and the reject day ad vertisieg deemed unsuibme. sumo =satin will report to the i+"ii• ...�.. _ rkould plan to attend- r, Bedame Only often a& wip lre =epwd. 1VlrL $�"a �& annual s ovd g 44tw'c'�r1 ',tIOA and S6$,GOt1, dePariC 1° •,• w 2iF9[xCn hopes to attract o.re froth, diverse Mani ' to Clouged on a rknix' and crodentials, The Vrl- YSales of Ali fir€ 6 on Equal Cit�sad'ttrni- � o,�y tw u m ee :,� si a �- se 'The leaadug SUPT ` of Enterprise Wk jncludi.ng community Advertising M waver, Nation's Cideq Weekly, 1301 Ftmms9lvat4 .,kve. , ty Employer. Applications may be Buildln$, Englseering Departments the+ rganiaations, unions, ?s, state and 1=1 gov- N.�?, Washir gran. D.C. 20OU requeow tor and forwaMdedta of — — Angers p:1. B" 6101, Ano Fire. product range Supports InUlttple dOPArt community Colleges, FAX maimed copy to; Nation's 1+iX 87710, ATIN: Office of thevu- ��+vi yd�� tr'aC6iA�' tlii9# includes , development agencies, cities weekly at (20::} e263W. to the bW CierL C ing l&ietm Anpvt 30, permits, lleenses, eI11t1pi$itlts, code cafd cd or an 4 atirrns, and attention of Larva T +sruer. 1999, &001'.lwi. of tL Ins. •F,frt gl advertising copy toe 1731 W. Walaiut Ave, Visali conference schedule weeldy2nic -org. _ SSM27.1 voice f two general semions 40 workshops covering to t* to AWr 1�Idwd'fSdu»t'limtise LAW EWOAL'FOM bra toAasci^ttyNs WWW, t1U4coM see: �f topics, ahoy several leg- � Tda era IFwdm:hv L yrzacy tnini gs. =ATI • Cgpp,ui�Y M11*a T»>�A "u srrxedorn� 4 16.1E BEs Angc1 shop topics included V1ZdAGF� ttD SutCia� lea etliillP 11YasC $dbei + poverty reduction under 'Fire, NX The Village of Angel Fire * teb�isti a S++.M t • twrs„ea'r„i axe Aaau�, Ow P 8 C,or, een Vie. Aaopee rforce Investment .fit; sstilds candidates for the sides of Vil• tags Admftnistrrator i atitlitiattsmerit have a •r ,,;' „ w 9 higlher education as a a Master's degree in PublkE Adiruni tm toil tbska r++taxe ®mist, v�►.�le ' a g UM of poverty, tion or �e*uvalent ftclpbe and at least 703440300 Fax: 703. 739.5533 Web J41a* accessing supports for yam. dense atthe muitcipal less draw v 1, families; state and local initia- I have worked; ■ appraachfng' employers a K rM ershipae; axed ; rural job creation. ;onjunction with the conference, WOW will Women at Work Awards evening dif° October I0, `i`he fli=rav Gallery of wMadveSearrfx'h Staff 1 rrr�dttlC►}axatt'na�tt � ` l�ttrN�i vest - s theme—Women, of rush r Safely Simi onnium. Building Paths HwlWd CMICAGO orntc btsdep+nl$erlce —raat 140 N. Wsaa leegdm >soad, Loict Ble .hrates the women of the at aim' highlights oppor- i` n affi,!!il7f ObS" Shcot li t0 ensure that women in t mil iennium reach theirs n City Administrator ?noel. Women at Work Awards population 16,880 (Salary $60.$75,000 plus bensAts). iiw lY The Mercer nng visibility to the r9eeponsible pr`frrssdonal work in the adu aistmtion of mum pail i aced courage of women operations. Ueldug individual with strong leadership, tummunica- Csnsu'kams To KamW see overcome treat obsta- �Clli$v4� a=ir IR tTfldlt� tion and interpersonal skills, Requires a >be helors degree in public or business administration with severs to tea years experience, For . Oppwnv aamdAr airso eirStudies • Execia . C owdon aw d;�GxrltJicc Wr; stu&rs • P ate° W r niaadiatsmrset fields, ppi#lixartian astd jdsb dQSariptfan GorrtaCtt City Auditoes Office, 205 2nd Avenue, ]` W, Mand en, ND W664 or Dell (7dFl } t37 10, Fax 15"s film *"WV*JU,swdra to �,�,, c.�, a �nran honor therm its role inod- (701) 7-32 Deadline for filing applications Ai7gmt01, IM, The S- 11.Oa3- MrMJ999•4749 fie k new ',generation- co on City of Mandturts an gq� opportunity employer- X4011; d erence, Concludes ATLANTA • F,An LANSING • SA ;` �-�_ v ... trx."5r ��, pn R.. r.� 2 .,•�^� � �r w,. .� ma,r«s, -E� .,+air MAR-- 13 -20W 16:49 NATIONAL LEAGUE OF CITIES P. 06.f09 _ -r•• ••••,•••• • ,•••• ya•. .� «ar+ vvv++owsw as !l4L�b.Bfd1ClCfli� i FV.Y. walls to take advantage of the storeima.org. to $250,15 vacation days, 12 tick days. 13 north of Memphis, Tenn„ third class city. CrTy I'd ANNElb City of Terrell Tile D�ta�t n 201 E yt paid holidays and an excellent re«rerrtettt Job re9kes strong leader4up, cotnmuni- C' of - Terrell is I S6 Plan- Tlx: W51tion is open until filled. cation aad ihte pt Terrell, TJl 751641, or call orm rug rivo ca icy of resume, a cover i ter ex ative�levet per3onai skills; ai cant appliCIt ons /resuffts for the position of 60. 8.'00 AMr5:DD F.M., CST IN, P s ricwe ire urban local Olt/ Pta wr to nay (including ctirreni Mary), prod of eduw government; sound knowleiigt of liaaaat- dinate ilea aCtivides the p direct aatd Boor• d�naj ieiformadoa. Posted: F &hrua� cadnn and Bye professional references ta: cial dM- M. City of $ , P m merlt qty and eco- siun, Jab reaporislbilitiea; include the. , ur relations bons apmtrta and +employee %pair enfOrceettaetnt of and subdivision COHMlJ1AR`Y DF VEd.ilpM ea nri , FL 3. Oakland W Parts D /v, lic relations ess atmi Prefix degree its Ordinances, land use and development DMECW # ftiversw. mnois.'l'!sR Swlzrlse, >'Y 33331. EOM. MlFiI]/lt resume with co letter r , cO �tturVroas• trams rtatioa and �e of Rive.rside '(pop 890(f) it., creel CrN MANAG1E M Sikretlton, Mo . resume with cover utter and a arc es capital ImPrOveffieras prosranuni:'ag, Min. 4uAded Candidates for "ft 'Am time i (l tl,{M40) Salary tlt ld , excs l t to the Oface of the or, C4v of fte• Imm quaftsdons irlctude a Barbelor's tion of Coromunk Develoinnent 0 f �- '6 managers since 1961, -member °°' 105 Ewt C;,+e�cr St„ Degree in Urban Planning or related bays; tor. ltiver�de >'aiRynallS' Ple�� by f Council elected at -large for $-year stag- MO resume amep by 2150 nail five yearly of ira•easingly responsible ; erick law C31a*ed, weirs an eattergr xrred termk S9M+ aperatinp; budgets 1217 c�'seee erplail or to rt if experience in urban planning including well- rounded professional. Require H, tall.Gme employee -% locatetP 134 Wade~ �` paatlr to jtuae 8, 20t)0, three of atdnaiaistrative��t� wpervi. u+ufh r,f [1 >u:3s Ma. 1Lnti 19ti rr;ilra. Email: %k3Wra2 @ldd,not, Fax: 573.171- spry responsibility, W2ry taegodable. 4526. EEO Enapivyea Apply MY of Terrell, Personnel + Y G 40P W bid 0 Voc (")"M Ott Sri Gowrmauts Where Governmeoft Sen Swpim 101 3S3$136 3 P.O. Box 935 � tilltle9, The City of Mesas, is a ive, innovative murucipalii<y sers�iiag LK 50393.3504 a communk of owh r 390,000, we are w®king qualified individuals FhOne: 5154401 444 * Fax 515.440.1443 to pTvide administrative &MceM to d@p&tr=t heads to caara• Email: mate department lgedes &i ri serve nn a management t4eam to 1-1 1111� asteipl, the City Manager in developing, pluming & implementing r 71-1:111111 goa]a & objectives tam meet Operational n of the City. brief man• w � ' ``S a f�' 4 � � n7e=.nt +9�1.1$ilatti8r'8 of Concern t0 :ttyetrrrB t�vper action; Coordinate ' i r,.. a PreparalUGA of annuA bud"; reNdew restrlta of majW studim. l.. s caardinatee the l Pa li re>Eports re endat as; & eana• *, l ° fer writ, government oils �g Plans & Priorities fa ewtr a $Z�t rn & planned programs. Fleas visit tsar website at ° itY ty1 ti, q t ; 4 } • i i 4 l i wwvr ea.ffieaa.ax.uaa for more iraformatiofx on the City of l,&Met and p+}tr�axnip' t ' ii P +• moo rqp kenAve ben4tS paekage that we offer,' lfpoclai�injbpea>liagg, y �`4Qe}ilt r taegte. ? R, +�; 1.: be in Pubhc Or Businese .A� ministrati= or a 4"aEiF�'Xi�k�}er�5l.related field � M 3 s i g * $10 years eaelsezieaac6 in m'un;cd al 1 eut imitiops with atuthoraty for P n�ageym • ' f^ r: t 5^ , ° ,, 1 r ' a..' arslinati program darecttons �& budget admiWstration, or far l , 3, & supa vision or such funedons * Mmter•b Deane? in Public Or EucittipssA*dinietratiou or a relat• ed field & senior level experience in a comparable 6A- service d'ty w preferred us A City of Mesa application is required, Applicaati. WjU i►� a=pt. sc• saaCe' ; ; "�+ ad 511a tilrota�a a121O0. •sxra+nm4te- Applicationji are Available at., wk"masa'a"s (bteea ErrplaYment, Job Openings) ? Apply to City of 1M7t&a 20 E. Mains, Sf Suite #250 P.O. lkx 11458, Mersa, AZ 85211 -1466 Z0FJAAE -- e•""�'`"� f� ��r , � r ,<::� , F {SFr s rF . ,,. a�fi a��,�.� -nets, MAR-13-2003 NATIONAL P. mciy T, 2001 � ■ � 177 weriaments, and non- gages in order to operate their mechatsim far local g= +r appropriate money for public ,o provide the rmurces buildings in the .,private mar. ai partnership by pmjvtd.ing housing program if they know n they partnerships that ket. FLR 425_ provides assia- two federal doilanc frr evvey the federal government will acce ury to address tance to Stated for operating dollar; a state spendr to p>;'0- provide a substantial share of rdable housing crisis. costa, capital espemditures, grams to save afFordai+e hvug- the cost. the rent rises in real debt restructuring, and acqui- it g stock. MR. Ilt� ,a]LMI They bill, which currently ,rioss, Malay owners of sition of projects with H DI localities to target the �tiile'te has 4e co masara is similar trr 4W sicted and insured pro- insured ,mortgages, Section -$ and tailor their corm rep 8 a measure introduced in the her opt-out of Section g contracts, and resident owner- to the needs of ttty r like 106th Cones by former Rep- :s when their terns ship, juurisd ctiona. The h tipe °s that resentativm Brake Vento (A- )r prepay their wort- i king of public inure n uxi- :elleanl. coffammicauclis sled ,al ski Hlrint{ raW, W.000 p Send ryey=sunae by Mw ,5, M1iTV$n l .rW 1tr , 111adt1 M Cltiee,' 13tai 1'wn N.W,, WasWolgan, DC. 1E • Vdim DE W TX JOB C PPOR- SU1:LM. FOR MEVt7It1- WOMEN (10.0.). I.O.H. index in iocal imv€'mment for abic from top thlR&!s>FjC'i114ent to :mid Ontry.levO vacnncle:s. i e�xt•.chlent re,YlkiimRUlt And Publiradon re=hing thou, 1Qridcl and women in munic, meat, lA Ili °weekly bulletin i by NLC.,1CM1A and wyetai The legislation sets up a �; a �,' * �' prominent tiati*tW wavciadom For titer irdormatian cd 202/962&w. serttl vaiwxles or ants tw J,Ct 4CMAw 797 Nnartil t f�rl� Awn w NE, iNq , EL 20002-1. states will be more *: :Lu ; to � # ♦ � The mdmm e�Fi.]/mJ`on�Ciq+.� = AjL,. mw; 4I �0. �71� �" -'"'^F � �� C7R*ra Ca!�'snja�al+a a ,drywedlawor►aki�lNWleivtt> arfs 11Ragioc etd3 �� ear 4RRfe. 7'h r Ci6v ■ tio�i$ #A ettirle=plgzo., roe s.%d � +>a ►a r ptrnelble far herilting; dik co -d4 of C'n, 4a»o►rialit pwidna re]adarl>: grid, ompkwMA deparumat iSCW& lic Sa iRWfigmg "�, +n da6r RW wricm OWlbr t,4=Wi4m rleauk Mbxd W. t li a w.$ ,iepsce o_w_taiesble. cot$ Awai�i "Vii " for Ap `e�ion �, 0 E offigg q400pAjftr2d9.Njlj& Reed union a CA 5�4W r3 i , 1 ens lasiomm- Cai}•�t�4tr1 ). ■ l ► /y+'��' a wmp_r''`•',,� aft a. ccWturakLdi_veerse tR is �q �Ra Locand in use San ns�d c{iu�max� �r �nl�. Lirl�a Cisy is llxa�gvnara e.S'$e4 syC'4fcrtts! read K end eery i?Gis 41C i� �r111110it OA X44 will 6 sppwAwd by ?ho Cisw+eii "A iA a01®ae dys R1edte -LAt 44a 01she ahak4d 6W a tMah nnad of dicegcare, radnm and vkue4 cried tick raker, and bans emilmt arse bauda B.A. ht Public AAWAlsir4on cr a � 29, 2 J • q� U N' Quo G ; r, " � '• °'�r a of ' 8-ruir UWE TRMOM DAMAGE TO +i M RME OF y( Ult UML. th, linexWeNe anti +s wm ble Trime*eze Tree CA arils made from recycled plan. Avail In 3 lie, die. *S1.4'i anchr S in. & al.; each, volume discounu; avail". For mtm: ftttormetion mtatat.'t us at our Web �p WWW ,d31p@a8. R.Alam =10ftimemaxom Ted, 1400-641. MI. Fwa T- 450.242.2071. , we uair•Bwrchtr il>RsarWi�zsrent Ca utrano 'fuma"agom+asi �ementtUtlsrnaFWA9 siet' y sigma psneadat 9® r 17r fi�trQd! dAc� /tiilldr},"tYrri °tr1 rldarll�Y • �k°PCHer1Me 3� &rG'11 * $rYGfr 1l: i}fiWitY.IC • CnruppaReritalaA C1.r'dre +r�ee.rlr +,rlSt7.rt hat+ PYisptiadaev +7 +UtititFStNN`irrs a00 I= " J•3ftll C iR+nezArl punlwrratr kd §.,x+ ,11 W Cewdo5 a Road. Ut# 234 100 N. wouk4w i�a, Lads lllali9E, � a 1b911 &t&►akar O.Vi p .0 tM 5udd te, Nw Meuw87341 TSIL($� FAX !!d!'B.M!! f ?TWj59d•t34p3A£A!f ?yfll FV '!'+'' (51+5) Rlfd•4Sdtl•hk�{ GSjtti6 -a27C : '•i►(ftP {:1pfLrr*r Wif0V,,ToR 4 "41 S.Aiait: rxa it ±wlewi+PtvrR:rnws ATLAMA FA j f !.A N?4t144 SANTA PE - W0904+u"MN + . 110lp nl , rt .•ilkv .+asfi 4 z I I I I_ .; 4 C E R A L D FLOCK / f i ,ware g ASSOCIATES, �V� I I ' g� � i3mlg Rjoedence in aver 00 rec uicmeltnt since. I ciV .SUS drx%d goved" r8Nwint.4 ha ,�C41 itE tiR w s. z tl I Iil t iir tt l . I 'ifew rechniral as.ThlANC4 I ' t ,' Spocialnuhi g in Qt'iros. CGunties, TOTAL P.0B MA;-13-20W 16:49 NATIONAL LEAGUE OF CITIES E , 07 /ee x to support its youth. its 2. Strengthen. community to was suceeadtil in sparking new : The Search Institute aijor strategic gowe this support youth and families, interest in the asset develop- is one of the leading research mde have been to reduce 3. Strum the capacity of axmeint approach to building centers on youth development violence and improve parents and families to support healthy youth, as well as provid- and is the foremost authority on achievement. The city's their ehildren.; ing more fuel to already esiab -- methods of asset development work for Action irtcorpo- 4. Engage children, youth lished asset development orient- t1nta& strength-based assess - m assets approach and and young adults in a ?ctompre- ed programming. Dr. Munoz, in meet. For mareinibirmation,vis- xagrams and activities for headve approach to leaming. an effort to convey the impor- it duw webaAa at wwwsearch- in the holistic context of S. promote the health, well- tans of having a nationwide ' itstituts.org or call them at l- and corrmuz ity. It builds ness and selfety of children and stake in youth development 300 -888- 7328. ie many successM Initia youth. said, "If we all agree that the For more information on wdels and activities in the 6. Support youth and young youth of this abundant nation Hampton's initiatives, contact I highlights the challenges adults who are at high ride fbr have the inalienable might to Cindy Carlsen at ed. Boston °s Youth I vel- fading to acre the goals of grow lip healthy, theta. we must c lsona@tYty.hamptoa,va.us or Framework defnes six youth devWop entt. begin to r ah across the aisle in (757) 727 - 1380. For more infor- a oallaborative eftft to lend our matim on Boston's initiatives, � time, energy, and !deals to this contact Terry Mogul at Mm and expand moat impntant ear" rymogund,bwstoax.m,a.vs or s commitment to youth. In su inzwy, the workshop (617) 635 -3140. ■ ED$;'�AND PROFESSIONAL DIREC, �RT:�� WAM 1HW.dt,CiM City Of There will > no January i. ence, Mo. is king an indi�id• nslbie fur managing the opera 2001 Natien "s Cities 'Weekly. The r" twintenmee of the d:hve 90`7 next i will be'pe6liatted Jsnu- 8, not, HaFpy lkudmya. F05510P 76 make Tamp the b" ph=tolive, WWk=dVLV gion. Bachelor's Ekigroe;n ,. � y r P -Via -• t - public k art, envi ork openn+Ga . cma&ky- Qwtt . mace or related field + b ,yrs, citymaullor a aspemsory CaWHy nmwll tormwater w&ms and/or pro raterstied management print rologir. �,ay.n.�d� b d$rantic models, airing, ?YNF acrd federal •+ mts cable (kcal, state, and federal ettal laws, regulatioay ad per - 37%k9W. Dag testing. &-nd a the I wmi ftsources -D"L, ltral Police Bldg,, W iV Memo ndep- 'MO ixM. FAX (916) SOE. ,a rtartt lot? N. Wookepra Rord. site �uE1, z ti" -16% &dwy FMIP $13-%0W$15-510W The ;City of Tempe (pop, IC900DO, wltgt: wt of the Rbenix Metropolitan area, nui s- t *aids own chaYadw as home to the Tostitos F*sta BmvL Tempe °Town Uke on the Flo S*& and with a dynamic dcvmtown arm that indwles Arizon State Unwerttyi The ideal acrd date wild demonstrate a hietary of writes with conuouril im to develop consensus and establleh'sad relationships v thin diverse population& Candidates should poem eight yem of resporaNe maslagentent egerienre for a medium m aa�ita�ticn, iuCludi7g at least three yCars of rxper°+eru� clr�Y(in!{ wa!h Bpe�Cia� wd at romm and diverse WNW ex,66m.A, BacWoe, Degrm Nate-es preferred. City of Tempe - (480) 35049279 :emu cY If-help mmils ,• >b1l'tware & services iP mast Cost# l government... � e ve Acacia 4 tlta powd automatlen *War for Planning, Building and Enginearfng ty�i TLi.°Or��tif M 2,StitJl,x ^ul lrat'Prrsm$�n1s have do"aft nationwide Warded by more titan 300 agencies to streamline re+tai qtr ypter operations and provide ttetter service to citizens. + Gf;t' for technlr.•ai a.fsisturst;e . �' dtsfOatsst ems, sa• 'ware!, and semices, For ■ Pelmif Procesong Contact ue at A tTa w))LI4 1011 I rit our mob site+, rya' 1,6' usi race • Srraw4 ruhscrrpti4 +n nptaor,i a inspection laansg8tn8nt o-Yraul lnft►,t�aecela.COm ,. , -,, •, , •:,^ .., .. � t7eta MginYpn;arseA wsww:aocefe.aary ' f"T,'z*+ ».x' .c:c �.cr 3f" _-� y dra ee i-:.: ,3r.;�, • , � r: r „P c;ra, ?'s4 ..T„v -t '�it`eT `ih, .: . �-�'i , w1 `x ^nex�z'F -emu -_.� _ , ,-'k: , `BAR -13 -2003 1E:4E 1NATIONAL LEAGUE OF CITIES ,. r-•... ---- — d.,.....,y, -., l nuem. vvu+sa.R4V &� 41+ f.AM4,{,IJlLIl7t1�4.• ��i• #+A• walls to t&e advantage of the stam. =it,org. to $250,15 v don days, 12 sick days, 13 north of Memphis, Term.; third class city, CffY M, City of Terrell. 'ibe Dqwften4 241 FM Nasb $l paid holidays and an excellent retirement ,job req s Wong leadership, commutni- City of Terrell is accepting "Terneti IX 75160, or rail (s2) plan. 'lire ptrsitian is open until filled. orlon and uttetptirsottal "; sigtufuant apple- 4ans/resuni es for the position of W 800 AX-5:00 P.M, "CST tar ; Send two copies of resume, a cover letter mwcutive4evel ewe in urban loco City Pb=Qr to marwxe, direct and odor- tionxl snformatlan. Posted, Febrm (including currr_nt salary), Proof of edu• gavernmentt sound knowledge of Acura• dints the :invitees of iii;. planni *V dive° M. ciai n and five proterssi=4 referem-es tea: vial management, a rtumu ty and eco. lion. ,join reep osibil ties, include thv ' City of Sunrise, PeFw and Departs nemic domlopmem and employee /pub- eidorcmuent of zoning and subdivision COMM0r17 Y DEVELf1PW raa.-aai, 95M W. Oakland Park' Bhd., Iic reladons Wwortam Prefix degree in grdivances, laird use and development DIREt° M ItKmkle. Minot, kits Sunnse, FL 33351. WE M/F'/D/V, pubtic/buWness adminbusSon. Submk rrzuktions, (aamsportation pl aan ng and Inge of Riverslde (pop. 4900) le wi reawne- with cover lesser and referams capital improvements programming. Min• qualifier) candidates for ft tall tiara i CITY MANAGER Sikeston, Mo. to the Office of the MWar, CIW c Ske- Imurn gLWIfications include a Bachelor`s tide 0( Community Developmegt 1)i (12,000) Salary DOQ/E. excellent, beae, 260a, 105 East tier St„ SheoWn, Degree in UTfx st ftwing or related field; tor ltivvr", originally plmum by P rata: 6 manager: singe 1961, .5- membex Mo 63801 by JMW 2% 2000, Ftlil five yeas of increasingly responsible erick Law 0hrmed, seeks an eneM Council elem�d at -large for 3-year stag resume accepted via ema or facsimile if experience in urn pkning Including well rounded prafessionai. Require a gyred terms: $9104 operating budget; 120 bard coley received p5or to line 2, 2D00, three ycAi of adminisimtIve anti aupervi• full -time entl,lcayees� located 130 mi En0j.. %stodeldd,not, Fssc: 57$471• sory responsibility, Salary negotiable. uwth of S t scab c Mo. And 130 n6lcs. 1529. EE0 Employer. Apply Chy of Terrell, Personnel me paM 7, a Gib bidf?ovf.co�! r �� MIMI" 1 Ser' G"enmwts Of Mak Arlom ,we ors $141,3531413613" Prooftty tD a Nw&awi& Aud6m City of Mesa is a progmaive, ii=wntive mi nicINItysetving P.O. Bolas 83504 • DeS ea 1A 503'93 3504 a c=muzlitY cfcv r ,000- We aft seeking qualified ind viduah Phone., 515-440-1444 9 Far 515- 440.1443 to Wmde administrative direatim to departzomt beads to Vii• BSI hi 1aov.c fR hate departmentabjectives de serve an a management team to assist, the City Fes, g & impleat'tez�a* Manager era levels a & objaclavea tca Ott operational needs of tite City; lakief man• aP meut 0111 matters of kern to auseure proper action; coordinate the PmPa ra rL of annual budgets- • f' ' ; 4 1t 1.,. ,+. . # • ' s lr ! ' ..- p 'c 1 l c _ rf 1 w L { { A , l il 'ti : ,t r ,� + - '! , r r 3 .f[ \ , : ,.; . . $$ d f1 ' , ;' .. tI , . 9 y (t '# ' 'x'y u � 4 l , ,I t ti AJJ , jj & t yp, . 0. budgets;re v iew results *f major ajor a..t.uaw, fir with 90VOrn nt offil regardin g f p•jWm�W)gV}Y ing & P Programs. Pleae visit our website at of re p its & m endstn;dcon • g � 1 • �':a ^�! +i.4 t +' www.ri.m"&aa.tas fpr MOM information on the City of Maas and r 1 ±0� is tsver. P' a stESe4 r'�g p °' 1 ....; the caan .hensWe package that we ctf'ar. Slraceeli l?spyin" ti'r EPA ?fs 1d! Xid.,fE:; Ibis po&Wm requires Ba&elt gi D99M in Ptsbhc or $tusinesa AdlnY tration or a #: D: related field i taor atNa#n� �c •eta �+7p' y yy * 8.14 yes etperiroeinmunidpa t management positions with authority for program directions & t mini adstj 8t1c1ri , or for Coordination & supe:visa®n of such ;Function s * wee in Public or EusiAm Administration or a relat- ed field &senior level eapetience in a comparable Putt =service bty �nrte lr Va is pre+P� A C' of Mesa application is L it S ti req ad, Applications will be accept- ad 511100 thMugh 612M. AAppliostions are available at: ftbNorm wwwrci,masa -U,us (11000 EMPloyrment, Job OperningH) Apply to City of Moo P rAmIlel, P.O. ��,yylVM�a�i@n Stir Stone 250 O Elm 1 Me , AZ 85211-1466 EOWAAE FLC- Datagram Page 6 of 11 precautions of the work place; ability to plan, direct and supervise the work of subordinates; ability to have effective relationships with the public; ability to supervise; ability to prepare written reports and keep records; skill in the use of hand and power tools; skill in communications both orally and in writing; skill in operating light to heavy equipment. Education and experience: high school diploma or GED equivalent and five years experience in a public works environment with three years at a supervisory level. Computer experience with word processing and spreadsheets desirable. A comparable amount of training, education or experience can be substituted for minimum qualifications. Licenses, certificates or registrations: class B Florida commercial driver's license and good driving record for the last five years. Required dress: uniforms and equipment as supplied by the city. Hard -soled leather work shoes provided by employee. Send cover letter and resume to Lyndon Bonner, City Manager, City of Bunnell, P.O. Box 756, Bunnell, FL 32110 -0756. Phone: (386) 437- 7500. Police Chief — City of Cocoa. Startingsaiaryrange: $65,000 - $71,000 annually. The City of Cocoa, a diverse coastal community in central Brevard County with a population of 16,500, is seeking an innovative and energetic leader to become the next police chief of Cocoa. The department, consisting of 96 staff, has 71 sworn police officers. The budget for the Police Department is $6.5 million. The city is seeking a candidate who is a strong advocate for community policing, community /business relations and crime prevention. Superior administrative, financial, budgeting, operation and employee relation skills are required. ' Must have proven experience in modern public safety planning, organizational development, customer service, labor relations /negotiations and community interaction skills. A bachelor's degree in criminal justice, public administration, public policy, business or related field required; MPA or similar advanced degree a plus; completion of advanced police leadership training programs, such as FBI Academy, Southern 'Police Institute or similar programs required. The successful candidate must have 15 years of progressively responsible police experience, with a minimum of five years in management as a senior law enforcement officer in a complex municipal setting, or an equivalent combination of training and experience. Candidates must have a diverse background in all aspects of police administration. Must be able to obtain Florida certification; as a law enforcement officer within 12 months of appointment. Must live within city limits as a condition of employment., The City of Cocoa has a competitive compensation package and benefits. If interested,, please submit a resume, not to exceed 10 pages with attachments, no later than March 17, 2003, to: City of Cocoa, Human Resources, 603 Brevard Avenue, Cocoa, FL 32922. We are an equal opportunity employer. City Attorney — City of Dade City. City of 6,200, residents in west central Florida. Part-time attorney reports to 5- member commission including mayor. Duties include attending commission meetings, advising city on legal issues, drafting legal documents and representing city in litigation. Minimum qualifications include membership in the Florida Bar. Municipal legal experience preferred. Salary to be determined by commission. Send seven copies of resume and references by April 4, 2003, to: Jim Class, City Clerk/Finance Director, City of Dade City, P.O. Box 1355, Dade City, FL 33526 -1355, City Manager — City of Dade City. City of 6,200 residents in west central Florida. Manager reports to 5- member commission, including mayor. City provides water, ''sewer, fire and police services, with a current budget of $9.8 million. Minimum qualifications include baccalaureate degree in public administration, business administration or other related fields, plus at least five years of progressively responsible municipal' management experience as a city manager or assistant city manager and /or a proven track record in private- sector - related management. http://www.flcities.com/datagram/02142003.asp 3/13/03 , -.1w 7 � t 17'T- f,,7, � � ��r«�- `j4 ..;,- ,°r�-_n •;. �.. m.� �,- ,rs,s�rP�.. , .. �. � .� �, sir= 3=°ry ±.,. !-, FLC- Datagram Page 7 of 11 Graduate degree preferred. Salary to be determined by commission. Send seven copies of resume, salary history and references by March 21, 2003, to: Jim Class, City Clerk/Finance Director, City of Dade City, P.O. Box 1355, Dade City, FL 33526 -1355. Village Manager — Village of El Portal. Salary range: $55,000 - $60,000, DOQ. Closing date: 'February 28, 2003. (pop. 3,000). New position. - Fire Chief - City of Flagler Beach. Salary range. $32,500 - $47,000 depending on experience. pop. 5,400 permanent; 7,000 seasonal. Coastal full- service city in North Florida. Seeking fire chief to manage fire and safety services (no ambulance transport), 28 volunteers and two paid firefighters. Strong leadership and command experience required supplemented by education in fire science administration. To request application packet and job description, please call Sandi Bolser, Office of City Manager, at (386) 517 -2000, ext. 224. Application deadline is Friday, February 28, 2003. Director of Office of Management and Budget — City of Oakland Park. Sa /aryrange. $47,123.02 - '$75,333.26 (salary negotiable DOQ /E). Exempt, contract position. The director of office of management and budget works under the direction of the city manager and the assistant city manager and is responsible for hands -on preparation of the annual operating and capital budgets, budget monitoring, annual and mid -year budget and revenue projections, assisting departments with establishing performance objectives and directing and managing subordinate; personnel. Minimum requirements: minimum five years experience in governmental financial administration with at least two years in a budget function. Must have a minimum three years supervisory experience. Master's degree, C.P.A., internal audit or assistant city manager's experience may be substituted for one year budget experience. Good skills in various software applications including Microsoft products; Power Point, Access and Excel highly desirable. Application can be downloaded from the city's Web site at Send completed application and resume to: Human Resources /Risk Management Department, City of Oakland Park, 3650 N.E. 12th Avenue, Oakland Park, FL 33334. Position open until filled. Screening of applicants will begin immediately. All resumes and attachments will be considered public documents subject to the Florida Sunshine Law. City is an equal opportunity employer. Minority candidates are encouraged to apply. Budget Officer — City of Palm Bay. Salaryrange. $41,628 - $58,279 annually. City of Palm Bay seeks a budget officer for administration of the city Budget Division. Graduation from an accredited college or university with a bachelor's degree in accounting, business administration or a related field, and five to seven years of budgetary accounting experience, preferably in a governmental setting. Must have a valid Florida driver's license with an acceptable driving record. Will assist the city manager and City Council in preparing and implementing the $110.5 million annual budget. Responsible for analyzing the fiscal impact of budget amendments and transfers; supervises the work of budget analyst. Deadline: Friday, February 28,'2003, by 5:00 p.m: All applicants must complete the application form in the City of Palm Bay, Human Resources Department, 120 Malabar Road, S.E., Palm Bay, FL 32907 (form and detailed information available at www.palmbayflorida.org). Drug Free Workplace /EOE /M /F /D /V. City Clerk -City of Palmetto. Salary.• $50,796. (pop. 13,000) The City: of Palmetto is accepting applications and resumes for a city clerk. This position is a http:// www. flcities .com/datagram/02142003.asp 3/13/03 FLC- Datagram Page 8 of 11 responsible department head position appointed by the mayor and approved by 4/5 vote of the City Council for a period of one year. (Subject to reappointment on a yearly basis.) Supervises City Hall departments. Prepares city financial statement. Knowledge of the principles and methods of public administration; knowledge of organization, functions and 'problems of municipal government. Knowledge of the principles and methods of public finances. Requires bachelor's degree in pubic administration, business, accounting or closely related field. Requires five years experience as a deputy city clerk or three years as a city clerk "plus municipal clerk (CMC) certification. Required to pass physical and drug test. Open until filled. Resumes should be submitted to the Human Resources Director, P.O. Box 1209, 516 8th Avenue W., Palmetto, FL 34220 - 1209, faxed to (941)`723 -4576 or e- mailed to sjomes @palmettoflorg. EOE /Drug Free Workplace. County Manager - Polk County. Polk County seeks an experienced leader to assume the responsibilities of county manager. This position is head of the administrative branch of a charter county government, responsible to the Board of County Commissioners (BoCC) for the proper administration of all affairs of the county. Administers and carries out the directives and policies of the BoCC. Provides administrative assistance to the BoCC and is responsible for the administration of all departments, divisions and offices of county government. Qualified applicants' must possess the following: graduation from an accredited 4 -year college /university with a degree in public administration, business administration or a related field, supplemented by professional training courses in management techniques. Must have five years of progressively responsible experience in management. Must maintain residency in Polk County during the tenure of office and shall not engage in any other business or occupation. Valid driver's license required Salary : negotiable, depending on qualifications. Apply to: Polk County BoCC, Attn: Percy Harden, P.O. Box 9005, Drawer CA03, Bartow, FL 33831. Phone: (863),534 -6030. Fax: (863) "534 -6534. Visit our Web site at to complete an application online or to download an employment application, which may be mailed or faxed to the address above. Resumes may be e- mailed to sherhookerwpo /k- countynet. Community Planner /Project Assessment Professional Powell, Fragala, and Associates, Inc. Salary range: $45,000 - $51,000 DOQ. We seek a community planner /project assessment professional to develop and implement a comprehensive program to assess socio- cultural impacts of public transportation projects. Applicants must be able to identify and measure and analyze social, economic, land use, aesthetic, relocation and civil rights impacts. Applicants will also develop /administer statewide training for this project. Ability to work independently, NEPA documentation' and FDOT Public Involvement experience highly desirable. Minimum requirements: BA in urban planning or closely related field. Superior communication skills a must. Successful applicants should have at least four years experience. A master's degree may substitute for up to two years experience. Minimum computer skills: Microsoft Office, 'Microsoft Outlook and Internet proficiency. Experience with ArcView GIS and AutoCad is helpful. All replies are held in strictest' confidence. Indicate position desired on resume. Send resume, salary history and three references to: Administrative Manager, Powell, Fragala, and Associates, Inc., P.O. Box 7399, Lakeland, FL 33807 -6467. E- mailed and faxed materials will not be accepted. Relocation assistance available. Resumes are accepted until March 28, 2003: Community Planner /Public Involvement Professional- Powell, Fragala, and Associates, Inc. Salary range. $40,000 - $47,000 DOQ. We seek a public outreach /involvement professional. Must be organized, efficient, iexcellent communicator. Must have demonstrated experience working with neighborhood groups and consensus building, and ability to help public articulate vision, goals and 'values. Ability to work independently, NEPA documentation and FDOT Public Involvement experience highly desirable. Minimum requirements: BA in communications (not PR), psychology, planning or closely related field. Superior oral /written communication skills a must.' Successful applicants should have at least four years experience http:// www. flcities .com/datagram/02142003.asp 3/13/03 ��.,. FLC- Datagram Page 9 of 11 in the public involvement field (FDOT PD &E workshop, public notice, public involvement requirements). A master's degree may substitute for up to two years experience. Minimum computer skills: Microsoft Office, Quark (PC) Adobe PageMaker, Microsoft Publisher, Microsoft Outlook and Internet proficiency. Lakeland, Florida, community planning organization located between the Gulf of Mexico and Disney World, Powell, Fragala, and Associates, Inc. offers a great location, competitive salary, comprehensive benefits and a friendly and professional working environment with tremendous growth potential. All replies are held in strictest confidence. Indicate position desired on resume. Send resume, salary history and three references to: Administrative Manager, Powell, Fragala, and Associates, Inc., P.O: Box 7399, Lakeland, FL 33807 -6467. E- mailed and faxed materials will not be accepted. Relocation assistance available. Resumes are accepted until March 28, 2003. Building Official — 'Town, of St. Leo. Notice is hereby given that the Town of St. Leo will receive sealed proposals until 7:00 p.m., Monday, March 10, 2003. Proposals will be opened and publicly; read in the commission room, Town Hall, State Road 52, P.O. Box 2479, St. Leo, FL, 33574. Proposal will be for: building official for the Town of St. Leo. The building official will work part -time as needed on a per 'project basis. The building official will contract with the town for building plan review and building inspection services, as an independent contractor. He /she must have the required qualifications to inspect buildings, issue building permits and issue certificates of occupancy. These qualifications must be set forth in the proposal. Except for the providing of office space at the Town Hall, the Town of St. Leo will not financially supplement the cost of operating the building office. All proposals shall contain a proposed building inspection fee schedule for all inspections and services designated in Town of St. Leo Ordinance #00 -07. All applicants will be bonded to perform work as deemed necessary, the Town of St. Leo will retain 5 percent of all permitting fees. The commission reserves the right to reject any and all bids, with or without cause, to waive any technicality and negotiate any proposal and to accept that bid which in its opinion is in the town's best interest. The town's accepting of a proposal will be announced no later than 11:59 p.m., April 14, 2003. The proposals are binding on respective proposing parties until April 15, 2003. Six copies of the proposal may be given or sent to the town clerk at the above address. Proposals must be sealed and marked "proposal for building official" on the outside of the envelope. Copies of Town of St. Leo Ordinance #00 -07 will be available at no cost at Town Hall after the date of publication of this request. Finance Director - City of Starke. The City of Starke, population 5,500, an equal opportunity employer, has an immediate opening for a finance director. Salary DOQ and DOE. Excellent benefit package. This position requires a security background check and drug screening. Qualifications: a bachelor's degree from an accredited college or university with a major in accounting supplemented by two years of experience in the design, installation and maintenance of or procedures and government accounting system. CPA license' preferred. Personal computer skills are required. Munis accounting software knowledge a plus. Call Linda Johns at (904) 964 -5027, fax '(904) 964 -3998 or a -mail JjobnsCc�c oofstarke.orgor &Nst?cityofstarke,aTgfor a detailed job description. Applicants should submit a cover letter and resume to Bradford Career Center, 609 N. Orange Street, Starke, FL 32092. Phone: (904) 964 -8092. Note: position open until filled. (See the January 31 2003,' issue of the Datagram for full copy of the ads below.) Building Official - City of Alachua. (pop. 6,300) Salary: $37,080 - $55,620 DOQ. Open until filled. Assistant County Manager for Community Services — Bay County. (pop.' 150,000) Salary: $54,142 - `$95,721 DOQ. Assistant City Attorney City of Bonita Springs. (pop. 38,003) Salary: DOE. -Open until filled.: 3/13/03 FLC- Datagram Page 5 of 12 0009. Phone: (386) 462 -1231, fax: (386) 462 -1985. Position open until filled. EOE /DFWP. Assistant County Manager for Community Services — Bay County. Salaryrange; $54,142 - $95,721 annually DOQ. (pop. 150,000) Highly responsible, advanced professional, technical and administrative work in the direction of the Bay County Board of County Commissioners' departments of leisure services, public works, traffic engineering and utility services. Requires bachelor's degree in civil engineering and 10 years progressively responsible managerial experience at the level of division head or above. Current Florida professional engineer (P.E.) registration as issued by the State of Florida Board of Professional Engineers preferred. Information may be obtained from, and resumes submitted to: Bay County Office of Human Resources, 810 W. 11th Street, Panama City, FL 32401; (850) 784 -4055; ses� w /bchr. pi fsv f,us EOE, Drug Free Workplace. Assistant City Attorney - City of Bonita Springs. (incorporated 2000) To provide a wide range of legal services including land use transactions, code enforcement, legal research, preparing legislation and legal opinions, and occasional litigation. Must be a member of the Florida Bar. Salary commensurate with experience. Please send resume with a cover letter to Audrey E. Vance, City Attorney, City of Bonita Springs, 9220 Bonita Beach Road, Suite 111, Bonita Springs, FL 34135. Applications will be accepted until the position is filled. Assistant County Administrator — Charlotte County. Salary range. $64,085 - $92,923. Join Charlotte County's team! Located on Florida's Gulf Coast between Fort Myers and Sarasota, ours is a friendly, thriving community of over 140,000 in population, excellent schools and affordable housing. Charlotte County's government fosters community consensus and pledges accountability in the delivery of public services. The county has over 1,000 employees providing for the full complement of municipal services to county residents. The assistant county administrator (ACA) is responsible for organizing, directing and coordinating major initiatives, including capital projects, economic development programs and community support services. This position is one of two ACAs and is responsible for the oversight of various departments and activities, oversees the agenda process and facilitates information flow to the administrator. The ACA represents Charlotte County and the administrator at 'a variety of dealings and proceedings and acts as county representative to agencies,,committees or boards. Candidate must possess considerable progressive relevant experience and hold a bachelor's` degree from an accredited college or university with major course work in public administration, business administration or related field. Visit' us on the Web at : w_, char%itecountyfLcony Apply to Charlotte County Human Resources, 18500 Murdock Circle, Room 140, Port Charlotte, FL 33948. Fax: (941) 743 - 1254! You may also e-mail your resume to , Yvette .hamiltonL@charlottefl.com.An Equal Opportunity Employer. City Manager — City of Clewiston. Salary range; $50,000 - $70,000 plus benefits. (pop. 6,500) Four managers since 1963. Chief administrative official for the city. Directs and coordinates administration of city government in accordance with the policies determined by the 5- member city commission elected at large. The city's current budget is $18 million; 115 full -time employees; full- service city. Must possess skills and abilities including but not limited to: public works, fiscal management and intergovernmental relation experience; superior organization management and consensus- building skills; ability to formulate, submit and administer budgets; proficient in the use of computers and able to function in a sophisticated computer environment. Must be able to keep the City Commission fully advised as to its financial condition and forecast future needs of the city. Minimum qualifications: a bachelor's degree required, master's degree preferred, from an accredited college or university in public administration, government, accounting, business, administration or related field and three years of professional experience as a city manager or related field with high level' of management and supervisory experience. http:// www. flcities .com/datagram/01312003.asp 3/13/03 —^— a--�rms°r.-*,..,. ° ,., .a "^ ^ ". s `;4.ar•?,: ';°' P111,111 77 "'°,. FLC- Datagram Page 6 of 12 Submit resume, cover letter and five professional references to Interim City Manager Iva Pittman, City of Clewiston, 115 W. Ventura Avenue, Clewiston, FL 33440. Position is open until filled. Under Florida Public Records Law, resumes are subject to disclosure. EOE /ADA /DFWP. Director of Public Works and Utilities — City of Dunedin: Salary range: $70,202 - $101,793: Population 37,000. Responsible for all divisions of the Public Works Department including: engineering, wastewater, water, streets, stormwater, facilities, solid waste, traffic control and fleet services, which employ approximately 165 employees. Requires master's degree in civil engineering or other relevant field supplemented by a minimum of 10 years of progressively responsible experience in the field of engineering, seven of which have been in a supervisory capacity, or an equivalent combination of education, training and experience that provides the required knowledge, skills and abilities. P.E. license preferred. Apply by March 28, 2003, at City of Dunedin, Division of Human Resources, 750 Milwaukee Avenue, Dunedin, FL 34698. Phone: (727) 298 - 3040.. Fax: (727) 298 -3052. Web site: www.a`.dunednX.us.'EOE M /F /D /V DFWP. Utilities Director City of Fernandina Beach. Salary range; $53,496 - $77,569 annually DOQ. Historic Fernandina Beach, ,a pleasant and progressive coastal community, is accepting applications for the position of utilities director. Responsible managerial position, directing water and wastewater programs. Interacts with engineers, developers, policy makers and the general public to gather data for formulating policies, methodologies, procedures and long -range plans for division. Prepares and submits written and oral reports to the city manager. Has ultimate responsibility for field operations. Reviews developer plans and specifications, and leads and /or attends staff conferences, meetings and related events. College, degree in engineering or directly related discipline, and a minimum of five years of experience in water and wastewater utility operations including at least two years in management of a system of at least 5,000 customers. Florida operator certifications in water and wastewater treatment a plus. Experience in development of business plans and long -range planning for utilities essential', requirement. Knowledgeable of `water management district and DEP rules and regulations, as well as utility construction standards. Forward resumes to:; City of Fernandina Beach, Human Resources Department, Attn: UD, 204 Ash Street, Fernandina Beach, FL 32034. Fax: (904) 277 -7316. E -mail: npittman gfbfl.org. Equal Employment Opportunity Employer. Town Manager — Town of Golden Beach. Proposed salary range; $70,000 - $80,000 plus benefits. The Town of Golden Beach is seeking a highly qualified professional to serve as town manager. Appointed by a 5- member elected council. Qualifications: BA /BS degree in public administration or related field, experience in local government and intergovernmental knowledge. The ideal candidate will have excellent written and oral communication skills. Grant experience a plus. Send cover letter, resume and five references by February 3, 2003, to the Town Clerk, Town of Golden Beach, One Golden Beach Drive, Golden Beach, FL 33160. Assistant County Administrator — Hillsborough County. Salary range $94,952 - $142,438. Seeking a high level executive to play a key role in Hillsborough County's continuance as one of the premier local governments in the country. The assistant county administrator will be a leader who will serve in a forward- looking, results- oriented organization committed to quality services. The position functions as a catalyst and facilitator across the core departments of community improvement, fire rescue, parks and recreation, planning and growth, public works, solid waste and water; includes over 3,000 employees; , annual operating budget of $370 million. Hillsborough County is a highly involved community; the assistant county administrator will proactively identify and address issues raised by citizens and work in partnership with county agencies to solve both major and minor systemic issues that concern the community, as well as i tY 9 major y ty, monitor the county's various master plans and provide oversight of the capital improvements program. Ideal http:// www. fleities .corn/datagrarn/01312003.asp 3/13/03 ,`r'%� °w ,;,1 ^; —��a—,;;�`m`� ��:. .�,,:aa M, ; FLC- Datagram Page 7 of 12 candidates will need a high level of energy and commitment to new professional challenges and achievements; possess a degree, master's preferred, in business /public administration, political science, planning or related field, seven years experience including five years at the senior management level in local government; experience must include demonstrated tangible results. Interested applicants should forward a letter of interest, resume and five references to: Sharon Wall, Director, Human Resources' Department, Executive Recruitment, P.O. Box 1110, Tampa, FL 33601. Submit by March 10, 2003, to assure consideration. Under Florida Statutes, all applications received are public records and as such must be made available upon request. vr<wwhi11s oro g county.org. AA /EOE /Drug, Free Workplace. Internal Performance Auditor'- Hillsborough County. Salary range. $94,952 - $142,438. To advise the Board of County Commissioners, assist the Board of County Commissioners in conducting continuing studies of the operation of county programs and services, and serve as a budget analyst for the Board of County Commissioners. The county internal performance auditor shall be a certified public accountant holding an active license to practice public accountancy in the State of Florida,' or shall be qualified by education and experience in governmental accounting, internal performance auditing;, practice and fiscal controls. The county internal performance auditor shall not engage in any other business or occupation. Qualified applicants,' send a letter of interest, resume and five work- related references to Hillsborough County, Human Resources Department, Executive Recruitment, P.O. Box 1110, Tampa, FL 33601. Submit by March 10, 2003, to assure consideration. Under Florida Statutes, all applications received are public records' and as such must be made available upon request. wwwvhillsborowhcountyorg. AA/EOE /Drug Free Workplace. Environmental Services Director — Lake County. Salary range:; $64,604 - $103,355, and extremely competitive package of benefits.' Lake County, a local government located in Central Florida near Orlando, is seeking an environmental services director. This is a high profile, professional and managerial position that contributes directly to the achievement of the strategic goals of the county. More specifically, this position leads a department with a fiscal year 2002 -2003 budget in excess of $300 million, and 15 professionals and 41 support staff who provide essential services in solid waste management (including landfill operations), recycling, natural resources (including water- resource management) and environmental compliance. The optimal candidate will be a seasoned manager with a record of increasingly responsible environmental experience with local government in multi - jurisdictional environments. Some experience in Florida is preferred. The candidate will have a' proven track record of effectively interacting with professional and support staff, elected and appointed officials, planning and compliance agencies at all governmental levels, environmental interest> groups and the public at large. Strong analytical and consensus - building skills will be required. A bachelor's degree in environmental management, public administration or other related discipline is required. A master's degree is preferred. This position will remain open until filled. To apply, please send both a cover letter and a resume to: Lake County Board of County Commissioners, Office of Human Resources; 315 W. Main Street, P.O. Box 7800, Tavares, FL 32778 - 7800. Fax: (352) 343 - 9883 °. E- mail: ;hriobs9o,le.fl.us. Applicants are advised that all submitted materials are subject to public disclosure under Florida's Public Records Act. An Equal Opportunity Employer. City Manager — City of Lake Worth. Salary range: $90,000 - $130,000, DOQ. (pop. 30,500) Incorporated in 1913. Four managers since 1984. The incumbent is retiring after eight years as manager. This vibrant, historic` community with a real downtown is located in coastal Palm Beach County in Southeast Florida, and is ethnically diverse with a focus on the arts and culture. It is full- service city including in -house trash collection, library, golf course, cemetery, municipal, beach, pool and water, sewer and electric utilities. The city has a total budget of $86 million - $29 million in the general fund, $15 million in water and sewer and $42 million in electric. With 551 full -time and 66 part -time employees, this city http:// www. flcities .com /datagrain/01312003.asp 3/13/03 FLC- Datagram Page 8 of 12 occupies 5.5 square miles. If you like challenges, Lake Worth is the place for you. There are six bargaining units that cover everyone except the very top managers, and the contracts expire this year. Resources are, limited and the streets and water /sewer utility infrastructure will soon need to be upgraded. The city is governed by a mayor and four commissioners who serve staggered 2 -year terms - three of them are up for re- election this March. On a positive note, the condition of the city has improved dramatically over the past six years; the downtown area is busy, new restaurants and stores have opened and few stores are vacant. And the commission truly wants the best for the city. Still redevelopment is key to the city's continued success and an element of the population is resistant to change. The ideal candidate will have at least 10 years of public sector experience; have served as a manager or assistant in a community of at least 15,000; have a track record in redevelopment; a master's in public administration or related field; possess strong communications, financial and management skills; and display a common -sense approach to government. Bilingual in English and Spanish is a plus as is a `demonstrated track record in affordable housing and neighborhood' revitalization. Florida experience is preferred but not essential.` Forward resume to Colin Baenziger of Colin Baenziger & Associates at 6aenz_rgeradelphinet before February 21, 2003. Questions should be addressed to Colin Baenziger at (561) 793 - .2624. Under the Florida Public Records Act, all applications are subject to public disclosure. Equal Opportunity Employer and minorities are 'encouraged to apply. Manager is required to reside in the city. City; Planner — City of Margate. Salary depends on qualifications Margate, population 55,000, located in northwest Broward County seeks qualified candidate to perform skilled professional planning and land development work. Identifies issues /problems, researches and gathers data, analyzes alternatives and provides recommendations for implementing, zoning changes, development plans and other projects that comply with city planning initiatives and applicable development codes, comprehensive plan, redevelopment plans, county, regional and state statutes. May perform generalized work in several planning areas such as land use and regulations, neighborhood redevelopment, natural' resources, transportation and housing programs. Requirements: 4 -year degree in planning, urban and regional development or related field with two years professional planning experience for a municipal or similar public sector organization. Possession of master's degree in planning `'or related field desirable. An equivalent combination of education, training and experience may be substituted. To apply: send resume to City of Margate, Human Resources Department, 5790 Margate' Boulevard, Margate, FL 33063; (954) 972 -6454, or visit our Web site at www.margatefl.cQm. Open until filled. Management and Budget Director — City of Miami Beach. Salaryrange. $74,514 - $120,347 annually, commensurate with experience. The city provides a progressive benefits package. The City of Miami Beach (88,000 pop.) is a vibrant, historic community with a highly complex, full - service organization. The city has continued to develop a diversified economic base, strong business partnerships and a highly active and involved citizenry. We are seeking an innovative, dynamic, professional administrator to fill the position of management and budget director. The successful candidate will demonstrate experience in the development and implementation of both operating and capital improvement program multi -fund budgets for large complex governmental entities, as well as strong experience in the development and evaluation of performance measures. The candidate' should have experience in management, efficiency and improvement analysis, as well as in directing special projects and conducting' research for recommendations on budget policy formulation, planning strategy and program evaluation. This is highly responsible professional financial work of considerable difficulty involving the preparation and maintenance of the city's operating budget; fiscal, budgetary and general management analysis; development and evaluation of performance measures; efficiency reviews for program improvement, and assistance to the city manager, chief financial officer and the various department and division directors. Experience in developing innovative sound budgetary approaches to fiscal challenges, variance analysis, projection methodologies and the identification' and analysis of operational efficiencies is highly desirable; in addition to knowledge of theoretical basis of various' budgeting and performance measurement techniques, and a strong and broad knowledge of management and organizational principles and practices. Education and experience: a bachelor's degree in public or http:// www. flcities .com/datagram/01312003.asp 3/13/03 FLC- Datagram Page 11 of 12 (See the January 15, 2003, issue of the Datagram for full copy of the ads below.) Building Official - City of Cape Canaveral. (pop. 8,941) Salary: $39,395 - $54,850 negotiable. Closing date: February 7, 2003. Deputy City Manager - City of Daytona Beach. (pop. 65,000) Salary: $69,198 - $121,120 negotiable DOQ/E. Closing date: February 28, 2003. Chief of Police - City of Deland. (pop. 18,200) Salary: $51,000 - $75,000. Open until filled. Chief of Police - City of Haines City. (pop. 13,434) Salary: $51,306 - $71,829 DOQ/E City Manager - City of Lake Alfred. (pop. 389 ) ,Sa I Salary: $ 51.500. Closing date: February 14 , 2003 at 12:00 p.m. ' Community Development Director (3-10) - City of Largo. (pop. 74,000) Salary: up to $80,000 DOQ. Open until filled. Principal Planner - North Central Florida Regional Planning Council. Salary: $41,953. Closing date: 5:00 p.m., February 28, 2003. j Assistant to the Town Manager -Town of Palm Beach. (pop. 10,000) Salary $48,087 - $73,692; starting $48,087 - $62,450. Open until filled. City Clerk - City of Palmetto. (pop. 1,0,151);Open until filled. Police', Chief City of Trenton. (pop. 1,357) Salary: $30,000 - $40,000 DOE. Closing date: February 14, 2003. (See the December 31, 2002, issue of the Datagram for full copy of the ads below.) Water and Wastewater Utilities Supervisor - City of Bunnell. (pop. 2,133) Salary: DOQ. Anticipated hire date: March 1, 2003. Library Director - City of Fort Walton Beach. (pop. 22,037) Salary,: $18.46 - $32.37 /hour DOQ. Open until filled. Code Enforcement Manager - City of Gainesville. (pop. 97,693) Salary': $41,556 - $62,492. Open until filled. (See the December 16, 2002, issue of the Datagram for full copy of the ads below.) City Attorney Services - City of Alachua. (pop. 6,300) Assistant Public Works Director - City of Live Oak. (pop. 6,500) Salary: $41,700. Open until filled: Senior Planner - City of North Port. (pop. 27,448) Salary: $37,418.99 - $56,127.97. Community Development Director - City of Oakland Park. (pop. 31,715) Salary: $60,321.47 - $96,432.95 DOQ/E. Open until filled. Assistant Public Works Director - City of South Daytona. (pop. 12,910) Salary: $40,220 - $50,339 DOQ. Development Supervisor- City of Titusville: (pop. 41,376); Salary:. $44,4291- $50,000. Open until filled. Senior Planner - City of Titusville. (pop. 41,376) Salary: $38,688 - $45,000. Open until filled. Assistant Fire Chief - City of Valparaiso. (pop. 6,429) Salary: $21,000 - $30;900 DOE. Closing date: February 15, 2003. ii (See the November 15, 2002, issue of the Datagram for full copy of the ads below.) City Engineer - City of Greenacres. http:// www. ficities .com/datagram/01312003.asp 3/13/03 ,,-- �i:m^. .:... d,..i. -,.. T. T .. ... : _.",-.- -- �^...a7-r. ^,rr71 •re�.:r'a,. rr�$. :,' �?r,s i.�'�"�:.'?':,""''Z�'"`°;. `- r�;s��,�a,�- ,;� °;-."� �. . ;, tea, s,i,.:: .^;+F,. - ... r^= FLC- Datagram Page 6 of 11 Completion of a city application and a valid Florida driver's license are required for all positions. The City of Fort Walton Beach is a Drug -Free Workplace. EOE /ADA /V. Manager, Intergovernmental Relations — Hillsborough County. Salary range: $60,340 - $90,521. The Office of Public Affairs is responsible for developing and coordinating the federal and state legislative program and fostering relations with municipalities and governmental entities. The manager of intergovernmental relations reports to the public affairs officer and serves as a primary representative of the Board of County Commissioners and county administrator to elected and appointed officials on issues of interest to the county. Position will assist in developing policy recommendations on intergovernmental /other issues. Responsibilities include collecting and organizing; legislative proposals and responses from staff, monitoring pending legislation, communicating issues to staff and delegations. Seeking an enthusiastic and personable ambassador for the county; one who thrives under pressure, a skilled negotiator with an analytical mind and the ability to understand complex legal, factual and financial concepts and to communicate succinctly to elected and appointed officials and county staff; an individual with a thorough knowledge of the legislative process, federal, state and local programs, laws and regulatory requirements; the ability to promote the goals of the County Commission at the federal, state and local levels, to increase county , resources through grants and to enhance public awareness and access to county services, programs' and activities. Position requires a bachelor's degree, master's preferred, in public administration, political' science or a related field and at least five years of progressively responsible related, experience. Desire candidate with local government experience. Hillsborough County provides exceptional benefits to management employees. Interested applicants, forward a letter of interest and resume to: Human Resources, Executive Recruitment, P.O. Box 1110, Tampa, FL 33601. Resumes will be accepted through close of business on November 8, 2002. Web site: www.hA15b oroughcount . rg. AA /EOE /Drug Free Workplace: Financial Systems Manager — Town of Manalapan. Salary range. $41,000 - $48,000. Performs highly responsible technical accounting and supervisory work in the financial management and , fiscal control activities of the town. :, Works under the supervision of the town manager. Considerable knowledge of governmental' accounting, auditing and financial reporting requirements. Experience in administering employee benefits and risk management preferred. Working knowledge of payroll, accounts payable and receivables. Considerable knowledge of budgetary, accounting and reporting systems. Proficient in Microsoft Office. Knowledge of Munis software desirable. Must possess accredited 4 -year college or university degree in accounting, finance, business 0' r public administration, or a closely related field, or five years of progressively responsible municipal accounting or finance work. Any equivalent combination of education and experience may substitute.' Send resume to Town of Manalapan, 600 S. Ocean Boulevard, Manalapan, FL 33462, e -mail townhaLl9manala an. or fax (561) 585 -9336. Must be received no later than 5:00 p.m. November 15, 2002. City Manager — City of Marianna. Salaiy range: `$55,000 - $75,000, along with competitive benefits. The City of Marianna, population approximately 7,000, is seeking applications for the position of city manager. The city has a commission /manager form of government with approximately 225' employees and an operating budget of approximately $31 million. Minimum requirements are a bachelor's degree in public administration, business administration or related field with experience in local government or other management. A complete job description is available upon request. Send resume, no later than November 15, 2002, to Daniele Pippin, City Clerk/Interim City Manager, City of Marianna, P.O. Box 936, Marianna, FL 32447, with a copy to Frank E. Bondurant, City Attorney, P.O. Box 1508, Marianna, FL 32447. Planner III - City of Oakland Park. http:// www. flcities .com/datagram/10312002.asp 3/13/03 17 7 FLC- Datagram Page 7of11 Salary range: $42,691.13,- $68,248.21. Bachelor's degree in planning, landscape architecture, architecture or related field is required with a minimum of five years experience in urban planning and at least two years in a supervisory capacity. Master's degree preferred. AICP preferred. Submit application (download from Web site: wawmoa land a fl.org) with resume to: Human Resources, City of Oakland Park, 3650 N.E. 12 Avenue, Oakland Park, FL 33334. Position open until filled. EEOE Recreation and Parks Director - City of Palm Coast. Salary $41,977- $65,060. The City of Palm Coast, an Equal Opportunity and Drug Free Workplace, is now hiring a recreation and parks director . Requires a'bachelor's degree in recreation administration, parks administration or public administration and five years experience in municipal parks and recreation programs. Position coordinates and directs a diversified year round, citywide parks and recreation program for the City of Palm Coast (incorporated 1999). Includes the management of the community center, various fields, parks and open spaces. The city has 417 acres of parklands with ''53 acres developed and 200 acres planned for development. Knowledge of the principles and practices of maintenance, construction, and use of public buildings and park facilities and community recreation needs and resources a must. An application must be completed and returned to be considered for the position. Applications available at City of Palm Coast, 264 Palm Coast Parkway, Palm Coast, FL 32137 or mmini cvast.f/.us E -mail hmonrison ci.palm- coastf/us For additional information contact Carol Goewey: phone (386) 447 -4255. Traffic Engineering Division Director - Polk County. Starting salary. $74,000 - $81,000, DOQ. ; Generous fringe benefits. The Traffic Engineering Division: the traffic engineering division director reports to the transportation department director, who in turn, reports to the county manager. The Traffic Engineering Division produces and maintains traffic signs, signals and pavement markings for the Polk County road system to allow traffic to move safely and efficiently. The Traffic Engineering Division has a traffic engineer and a traffic operations manager, who report directly to the division director. A traffic signs supervisor, traffic marking supervisor, and traffic signal supervisor and their respective staffs report to the traffic operations manager. The division has approximately 50 full -time employees. The traffic engineering division director has direct responsibility for all division operations. This scope of work includes strategic planning; asset management; monitoring of operations; assessment and enhancement of operational plans and procedures; review of engineering plans as they pertain to safe and efficient traffic flow; personnel management; and interfacing with citizens, community organizations, elected officials, and other governmental agencies. The community: Polk County is at the geographic center of Florida and encompasses more than 2,000 square miles. The current population of Polk County is approximately 500,000, and it continues to experience significant growth with the character of the county transitioning from rural to urban. In addition to the county seat of Bartow, major metropolitan areas include the greater Lakeland area (pop. 190,000) and the greater Winter Haven area (pop, 150,000). Polk County boasts a number of recreational and cultural amenities that contribute to a high quality of life. Polk County is home to the spring training` operations of two major league baseball teams, Cypress Gardens, Fantasy of Flight, Polk Community College, a branch campus of the University of South Florida, several private colleges, a number of community theatres and museums, a symphony orchestra, and numerous' special events. Polk County also has a large number of lakes, sports fields, recreation complexes and parks which provide many opportunities for passive and active recreational activities. There are more than 60 golf courses, including municipal courses in the major cities. Polk County is traversed by the Interstate 4 high- tech corridor and is less than one hour from the two larger metropolitan areas of Orlando and Tampa. Current challenges /goals: Polk County's growth in population and ongoing transition from rural to urban character create challenges for the Transportation Department and the Traffic Engineering Division. The Polk County Transportation Department has been challenged to provide an expanded program for transportation improvements in the ;county. For years, the department operated on minimal' resources and was in a posture of reacting to critical needs rather than anticipatory planning. To meet these challenges, the department is in the process of increasing its planning, communication and management capacities, toward the end of http:// www. flcities .com/datagram/10312002.asp 3/13/03 FLC- Datagram Page 10 of 11 studies /reports relating to zoning, transportation, long -range current planning or comprehensive planning issues /strategies. Conducts related research as needed. Reviews public /private development proposals and makes recommendations to the planning administrator in accordance with city codes, ordinances, and adopted plans. Assists in providing staff review /comments of site plans as necessary. Assists in making public presentations to various boards, commissions and the general public. Attends various board, commission and public body meetings on planning related issues as required. Conducts field work as necessary related to redevelopment, current planning, long -range planning and comprehensive planning. Performs related work as necessary. Minimum qualifications for education and /or experience: bachelor's degree in urban regional planning, landscape architecture, public administration or a directly related field with two years experience required. Preference will be given to candidates with a master's degree in a related field and one year of experience. Municipal experience preferred in one or more areas of planning, redevelopment, current planning or comprehensive planning. Experience with microcomputers desired. Physical /special requirements: must possess a valid Florida operator's license. Subject to emergency call -out during off -duty hours and on weekends as required. May be required to visit construction sites and enter semi- constructed buildings on occasion for planning purposes. This activity requires walking on uneven terrain, climbing stairs, bending and stooping. The City of Titusville is an equal` opportunity employer that does not discriminate on the basis of race, color, creed, national origin, sex or disability. As part of our commitment to a drug -free workplace, a job applicant is offered employment conditional upon successfully passing a drug test. Refusal to take the test, or failure to pass the test according to minimum standards, is cause for disqualification. If you become employed with the city, you may be required to again submit to a drug test as requested. Your refusal or failure to pass the test according to minimum standards, will result in your termination. The city will provide reasonable accommodations necessary to applicants with disabilities preventing them from completing a city application form. Please contact the human resources coordinator immediately if you need a special accommodation. An Equal Opportunity Employer. Interested applicants must submit a completed employment application to the Human Resources Department, 555`S. Washington Avenue, Titusville, FL 32796 prior to the closing date.' Verification of required licenses /credentials must be submitted with the employment application. Preferences of appointment will be given to eligible veterans and spouses of veterans (FS295). Notice: The job opportunity notice is a summary listing of the qualifications for a position and should not be construed as an all- inclusive list of the minimum qualifications required for a position. A complete job description for each vacant position is available for review at the Human Resources Department Monday through' Friday, 8:00 a.m. - 5:00 p.m. Closing date: open until filled. Job line: (321) 383 -4395. TDD: (321) 383 -5706. City Hall: (321)383- 5775. October 15, 2002 Building Official — City of Anna Maria. (pop. 1,876) Salary: DOQ, DFW, EOE. Open until filled. Utilities Director —;City of Bushnell. (pop. 2,358) Salary: DOE. Utilities Manager - City of Flagier Beach. (pop. 5,000) Salary: $43,946 - $59,018. Open until filled. Assistant Finance Director — City of Inverness. (pop. 6,925) Salary: $31,587 - $45,801 DOQ. Open until filled. Fire Chief — City of Lighthouse Point.= (pop. 10,767) Salary: DOQ. Open until filled. City Manager — City of Marathon. (pop. 11,500) Salary: $85,000 - $125,000 DOQ. Closing date: November 8, 2002. Assistant City Manager - City of Miami Beach. (pop. 88,000) Salary: $95,600 - $154,404. Open until filled. Fire Marshal — City of Miami Beach. (pop. 88,000): Salary; $74,514 - $120,347. Open until filled. http:// www. fleities .com/datagram/'10312002.asp 3/13/03 mm MR,..,: --� FLC- Datagram Page 11 of 11 Special Assistant to the City Manager — City of Miami Beach. (pop. 88,000) Salary: $68,576 - $110,753. Open until filled. City Manager — City of North Miami. ' (pop. 60,000) Salary: $140,000 - $155,000 DOQ. Closing date: November 8, 2002. Planning Director Town of Oakland. (pop. 1,350) Salary: $35,000 - $37,000. Open until filled. Risk Manager — City of Port Orange. (pop. 44,738) Chief of Police — Village of Royal Palm Beach. (pop. 21,523) Salary: $76,843 - $113,275. Closing date: 5:00 p.m., December 2, 2002. Human Resource Officer /Labor Relations, Village Manager Office — Village of Royal Palm Beach. (pop. 21,523) Salary: $51,612.03 $76,082.61. Closing; date: November 18, 2002, 5:00 pm. Building Official — City of Tavares. (pop. 9,750) Salary: $38,000 - $54,944. Open until filled. Finance Director City of Wauchula. (pop. 3,560) Salary: ;$37,600 - $54,600. September 30, 2002 Building and Zoning Official -City of Inverness. (pop. 6,925) Salary: negotiable. Open until filled. Director of Finance — Town of Melbourne Beach. (pop. 3,400) Salary: negotiable. Open until filled. Deputy Chief of Police — City of Temple Terrace. (pop. 21,000) Salary: $46,259 - $69,388.' County Engineer (2104A) — Volusia County. Salary: DOQ. Open until filled. September 16, 2002 Public Works Director -'City of Minneola. (pop. 4,000) Salary: to $50,000 DOQ. Open until filled. Building /Zoning Official — City of Quincy. (pop. 7,796) Salary: $36,046 - $54,080. Open until filled. May 15, 2002 Planning and Zoning Director City of Minneola. (pop. 4,000) Salary: $35,000 - $42,000. 301 S. Bronough St., PO Box 1757, Tallahassee, Fl. 32302 (800) 342 -8112 fax: (850) 222 -3806 Suncom 278 -5331 125 East Colonial Dr., PO Box 530065, Orlando, Fl. 32853 (800) 445 -6248 fax: (407) 425 -9378 Suncom 344 -0720 All rights reserved Florida League of Cities, Inc 1922 -2003 http:// www. flcities .com/datagram/10312002.asp 3/13/03 CareerslnGovernment.com Clearinghouse of Jobs in Government, Education and the Puhl Page 1 of 2 WOL'yP VIEW Not mbr Yet? rch W J s Resources a.rftrs City Manager _ °� ».. Have Ques ufts? m contact Ids stew Pw Organization: City of Rohnert Park j WS BY ate Title: City Manager Summary: The Mayor and City Council of Rohnert Park are seeking a City Manager who is ',a sound fiscal manager with experience in economic development intergovernmental relations. land -use, employee relations, technology, and environmental issues; who is prepared to guide the City through growth in the next 20 years, which is anticipated to add 10,000 people to the current population. The City Manager is responsible for the administrative operation of the City, and for ensuring that the City is provided with desired and mandated' services in an effective, cost- efficient manner. The ideal candidate will be :accessible, responsive, creative and an effective public leader. Description: The individual selected... • ;Represents the City Council with employees, community groups, individual members of the public and other governmental agencies. • Develops and recommends programs -to assure the economic development and financial vitality of the City of Rohnert Park. • Develops, recommends and implements policies, program plannirrg, fiscal management, administration and operations of all City functions, programs, and services. • Serves as the City's representative on a variety of boards and commissions. Requirements: EXPERIENCE & EDUCATIONAL REQUIREMENT The ideal candidate for the City Manager position will have the following educational background and experience: http:// www. careersingovernment .com/index.cfm ?page jobView &jobID =3761 3/11/03 CareersInGovernment.com - Clearinghouse of Jobs in Government, Education and the Puhl Page 2 of 2 : A Bachelor's Degree in Public Administration or a related field is required • A Master's Degree in Business Administration or Public Administration is highly desirable • Prier experience as a City Manager or Assistant City Manager Special THE PROCESS Instructions: If interested in pursuing this exciting career opportunity, please submit a resume with current salary information and five professional references to: s CITY OF'ROHNERT PARK 4 Mayor Vicki Vidak- Martinez 6750 Commerce Boulevard s Rohnert Park, CA 9492$ Please direct any inquiries to ,Acting City Manager Steve Donley at 707.588.2212 �- sdonley @rpcity.org' or visit the City's website at www.rpeity.org for more information. - Job Category: City Administration Management & Professional Location: 6750 Commerce Blvd City: Rohnert Park State: California Zip: 94928 Country: UNITED STATES Phone: 797- 588 -2212 Fax: 797- 588 -2274 Email:: sdonley @rpcity.org Job Type: Contract Job Level: Management Salary: Negotiable Apply By PST - February 18, 2003 Date: RN &C s x Send mail to info @careersingovemment.comwith questions or comments about this web site. Copyright@ 2€ 01 CareersinGovernment,'Inc. All rights reserved. Patent Pending. Terms & Conditions Privacy Statement Hosting byThird'Coast Networks http:// www. careersingovemment.com/index.cf n ?page jobView &jobID =3761 3/11/03 Commission- Manager Form of Government Page 1 of 4 People & Offices People Records Programs GF Offices About the Commission/Manager Form of Government THE COMMISSIONIMANAGER FORM OF GOVERNMENT The Mayor and City Commission are the only policy making body of the city. To help in this process, they receive recommendations from the various boards and commissions as well as the City Manager. The City Manager is designated to direct the day to day' operations of the City which carry out the policies of the City Commission. The City Manager is helped in this task by staff and the heads of the departments. There are nine departments in the City of Great Falls besides the City Manager's office. These are: City Attorney, City /County Planning, Community Development, Fiscal Services, Fire/Rescue, Parks & Recreation, Police, and Public Works. Each department is headed by a director whose job is to organize and direct the operations of the various divisions under his/her control: City Court is under the direction of the City Judge who is independently elected and does not report to either the City Manager or the City Commission. However, the receipts portion of Muniepal Court falls under the direction of Fiscal Control. The City Clerk reports directly to the City Manager. The Mayor and City Commission develops policy and the City Manager develops the best method of carrying out the policy with the department heads. The department head, with his/her staff, carries out the task by determining how to allocate funds, manpower and materials within the budget approved by the City Commission. THE WORK OF THE CITY COMMISSION Conscientious commissioners, as representatives of the community, can render better service if they know their duties, are aware of their responsibilities, and are ever mindful of the best methods of carrying out their trust. Unlike some other systems of local government where the commission exercises less than half of the municipal powers, the mayor and commission under this plan completely dominate the governmental establishment, select and control the chief manager and enjoy all the importance and responsibility of a board of directors. The mayor and commission are responsible for making certain that a capable manager administers the affairs of the city. The manager makes recommendations to the commission on municipal policies. Determination of Policy The people elect the city commission. The city commission determines the policies of the city government and appoints, directs and, if necessary, removes the city manager. In determining policy, commissioners do their best to represent their constituents. All phases http: / /www.ci. great - falls. mt. us /people_offices/board's commissions /com manage_gov.htm' 3/11/03 Commission- Manager Form of Government Page 2 of 4 of the job involve, in one way or another, the determination of policy. ; The city manager can help the commission a great deal in studying and determining municipal policies. For example, one of the most important; problems facing a city government each year is the budget. The city manager gathers the information and prepares the budget, which the commission studies, revises as necessary, and then adopts. The city; manager puts the budget into effect and carries it out.` I What is meant by the determination of policy? Basically, it is the process of deciding what j is to be done. The commission should not confuse this with how a program is to be administered, which is the job of the city manager. In its simplest terms, "what to do" is policy making, "how to do it" is administration. In determining policy, the commission must come to a decision,; authorize its implementation and bear full responsibility for the results. Thus, the commission must hold the manager responsible for administering policy decisions properly. In any legislative body, the determination of policy takes the form of passing a law. City commission laws are ordinances or resolutions. An ordinance has the force of law and usually includes what remedies will be made if the law is not followed. A resolution reflects the intent of the commission. How does the commission arrive at these policy decisions? Briefly, there are four steps in the process: 1. Determining what is needed. Many sources of information are available -- commissioner' observations, requests of individual citizens or citizens' groups' and the recommendations of the city manager. Increasingly, city governments have established various mechanisms for obtaining citizen' input through advisory committees, and have panels and neighborhood councils. Where these exist, they can provide valuable guidance for commissioners. 2. Determining the will of the people. In some cases, the proposed program may have been a major issue in a recent election. Otherwise, the view of interest groups, discussions with individuals and the commissioner's reactions as 'a citizen must be evaluated. 3. Determining what can be done, financially and practically. Here the advice of technical experts -- the city manager and the staff -- should be considered carefully. 4. Taking action -- passing, modifying or defeating an ordinance or resolution. The city manager and the commission must work as a team in a spirit of mutual confidence an cooperation. Supervision of Administration The second major part of the commission's job is general responsibility for requiring j effective administrative action through the city manager. The manager receives all questions or criticisms which the commission may have concerning the execution of ordinances or performance of duty. i If something goes wrong, the manager stands responsible to the commission. For example, if the commission (or a single member)' has a complaint or question about the http: / /www.ci.. great - falls .mt.us /people_officesiboards commissions /corn manage_gov.htm 3/11/03 a h.. Commission- Manager Form of Government Page 3 of 4 administration of a loading ordinance by the police department, it should not contact the police officer concerned, or even the chief of police, but should present the complaint to the city manager. Then if the situation is not remedied, the manager must answer for it. The commission must, therefore, develop a working relationship with the manager. First, the commission is responsible for selecting a capable city manager; second, for seeing that the manager has a chance to administer policy properly; and third, for evaluating administrative accomplishments. Selection of a City Manager How does the commission go about selecting a city manager? It is a difficult task since the position of city manager is one with which the average commissioner will have had no previous experience. Before an intelligent selection can be made, commissioners must know something about the job they are trying to fill. What is a city manager supposed to do? How will time be spent? The person is an administrator; more than that a public administrator, working for a governmental unit or, to go beyond the word governmental, for the people of the community. The city manager is the chief administrative officer, whose task is to make certain that the work of government is carried out at a high level of competence, that the democratic controls over policy imposed by the city commission are transmitted to the administrative employees, and that the city receives adequate advice on the technical implications of its decisions. Administrative officials of a city do not pave its streets, put out its fires or, prevent crime - laborers, firefighters and police officers are hired to do that. Nevertheless, the reason that there is a chief administrative officer is to make sure that the persons responsible for performing these very tangible and definite services do their work well and in such a way that their respective efforts are coordinated to achieve the best overall results. It is not easy to specify qualifications for a competent city manager. To some, these will vary with the size and nature of the city, including its type of and `plans _for development. The commission should, in the beginning, make at least a tentative decision regarding qualification of training, experience and personality. Moreover, it is advisable that the commission reach an early agreement on the procedure to be used in making the selection. The International City Management Association QCMA) can provide a current directory of all city managers and administrators. In addition, on request from responsible representatives of the city government, the association will furnish brief statements of the experience and training of specific applicants. The association also lists cities and manager and administrator vacancies in its bi- weekly ICMA Newsletter, with details of salary and qualifications. Most state leagues of municipalities are also able to provide helpful information to communities wishing to hire managers or administrators. Many city commissions rely on three standard procedures for rating candidates: an application form, personal investigation and an oral interview. From the application, information is gained regarding age, education and experience. The personal investigation http: / /www.ci. great - falls .mt.us /people_offices/boards commissions /com manage_gov.htm 3/11/03 Commission- Manager Form of Government Page 4 of 4 makes possible a check on the candidate's integrity and an appraisal of previous work. This may require only a check with references by letter or phone, or it may lead to a visit to the city where the applicant has served or is serving. The commission should be very thorough on this point. In the oral interview, opportunity is given for an appraisal of such traits as force, tact, personal appearance and sense of humor. Here also, since it is probably the one time before the actual appointment that the manager and commission will see each other, they should reach agreement or understanding on a variety of topics of mutual interest -- major local problems, the division of responsibility . between the commission and manager, attitude towards assistants for the manager, political conditions and other matters either stated or implied. Commissions generally select individuals who have served as managers or administrators in other cities or as administrative assistants. During recent years, more than half of all newly appointed city managers and administrators have had such backgrounds. The next largest` group of appointments has come from other public administrative positions such as finance officers, city clerks and other city department heads. Generally, less than 10 percent of the city managers or administrators appointed in any year come from non - governmental positions. Several universities now offer graduate programs in public administration and many cities have tended to require such an educational background. As commissions are primarily interested in applicants' training in municipal administration; appointments, generally are made without regard to place of residence. About three- fourths: of all managers or administrators appointed in recent years have been from other cities. When the selection is finally made, it should, if at all possible, be unanimous. If this is not the case and the commission offers the job on a split vote, the person should be informed, as this may be a factor in the decision whether or not to accept. Some will not take a job offered on a split vote; others are intrigued by the challenge it implies. In any case, honest difference openly aired leads to mutual confidence and respect. Both the commission and the manager should clearly understand that the appointment is for an indefinite term and that the manager will serve at the pleasure of the commission. See Also: Commission Mission Statement, Goals and Objectives Home => People & Offices => City Commission Last Modified: Tuesday, 2 Wan-2003 11:49:19 MST http: / /www.eigreat- falls .mt.us /people_offices/boards commissions /com manage_gov.htm 3/11/03 CITY OF SOUTH MIAMI South Miami Excellence, Integrity, Inclusion INCORPORATED 1927 S p Rip , 2.00:1 TO: Honorable Mayor, Vice Mayor DATE: March 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager Rescheduling City Commission meeting RESOLUTION or ORDINANCE A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE APRIL 1, 2003 CITY COMMISSION MEETING TO APRIL 22, 2003; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached resolution, sponsored by Mayor Feliu provides for the rescheduling of the Tuesday, April 1, 2003 City Commission meeting to Tuesday, April 22, 2003. Section 2 -2.1 of the City of South Miami Code of Ordinances provides that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted by a, majority of the entire membership of the City Conmission. It has become necessary to reschedule the City Commission meeting normally: scheduled for Tuesday, April 1, 2003 due to the City's participation during Dade Days in Tallahassee, Florida, April 1 -3, 2003. This resolution would reschedule the City Commission from Tuesday, April 1, 2003 to Tuesday, April 22, 2003. RECOMMENDATION Approval Attachments: HGFfrt 1 RESOLUTION NO. 2 3 A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY 5 COMMISSION MEETING; RESCHEDULING THE APRIL < 1, 2003 6 CITY COMMISSION MEETING TO APRIL 22, 2003; PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, Section 2 -2.1 "of the City of South Miami Code of Ordinances 10 provides that the City Commission shall hold regular meetings at 7:30 p.m., on the first 11 and third Tuesdays except for June and July; and 12 13 WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also 14 provides that regular meetings may be otherwise postponed, cancelled or reset only by 15 Resolution adopted by a majority of the entire membership of the City Commission; and 16 17 WHEREAS, due to the City's participation during Dade Days in Tallahassee, 18 Florida, April 1 -3, 2003 the Mayor and City Commission desire to reschedule its regular 19 scheduled meeting of Tuesday, April 1, 2003 to Tuesday, April 22, 2003. 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 23 24 Section 1. The regular City «Commission meeting for Tuesday, April 1, 2003 25 has been rescheduled to Tuesday, April 22, 2003. 26 27 Section 2. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED this day of - , 2003: 30 31: ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 Commission Vote: 37 READ AND APPROVED AS TO FORM: Mayor Feliu: 38' Vice Mayor Russell: 39 Commissioner Wiscombe: 40 CITY ATTORNEY Commissioner Bethel: 41 Commissioner McCrea: 42 Additions shown by underlining and deletions shown by evefstrik4ng. NAGINGALLOPFIGUEREDO" Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 March 13, 2003 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida '33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending February 28 2003, in the amount of $11,000.16, and requisition no. 126. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate & Contracts Prof I Services $ 352.50 Statement No. 13489 dated 03107103 Disbursements 0.00 Total Due 352.50 0022 -023 Parking Garage Contract Prof I Services $ 560.00 Statement No. 13491 dated 03107103 Disbursements 0.00 Total Due 560.00 0022 -027 Bruce v. CSM Code `Enforcement Prof I Services $ 430.00 Statement No. 13492 dated 03/07/03 Disbursements 335.50 Total Due 765.50 0022 -034 CSM v. Third Group Mortgage Prof I Services $ 390.00 Statement No. 13493 dated 03107103 Disbursements 14.00 Total Due 404.00 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI March 13, 2003 Page 2 of 3 0022 -046 Merrick v City of South Miami ProfI Services ; $ 105.00 Statement No. 13484 dated 03107103 Disbursements 0.00 Total Due 105.00 0022 -061 NRA, et al. V. City of South Miami Prof I Services $ 1,050:00 Statement No. 13496 dated 03 107103 Disbursements 10.00 Total Due 1,060.00 0022 -094 Officer Darby Wagner Arbitration Prof I Services $ 402.50 Statement No. 13497 dated 03107103 Disbursements ' 0.00 Total Due 402.50 0022 -101 Hampton. Pre- Determination Prof I Services $ 1,067.50 Statement No. 13499 dated 03107103 Disbursements - 164.57 Total Due 902.93 1 i 0022 -113 Forfeiture of 1991Nissan 300zx' Prof 1 Services $ 232.50 Statement No. 13502 dated 03107103 Disbursements 0.00 i Total Due 232.50 0022 -119 Deborah Benfield Arbitration Prof 1 Services $ I 4,742.50 Statement No. 13503 dated 03107103 Disbursements 62.53 Total Due 4,807.73 0022 -123 Labor — PBA Police Lieutenants and Prof I Services $ I 262.50 Captains Disbursements 0.00 Statement No. 13505 dated 03107103 Total Due 262.50 0022'' -124 Maria Anduiza - EEOC Claim Prof I Services $ ', 45.00 Statement No. 13506 dated 03107103 Disbursements 0.00 Total Due 45.00 0022 -125 John Hampton - EEOC Claim Prof I Services 157.50` Statement No. 13507 dated 03107103 Disbursements 0.00 Total Due 157.50 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI March 13, 2003 Page 3 of 3 0022 -126 Deborah Benfield — EEOC Claim Prof 1 Services $ 942.50 Statement No. 13508 dated 03107103 Disbursements 0.00 Total Due 942.50 CURRENT TOTAL DUE $ 119000.16 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG :daj Enclosures cc: Mayor and City Commission I I RESOLUTION NO 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $11,000.16 CHARGING $756.50 TO ACCOUNT NO. 1500- 514 8 3435, REAL PROPERTY/FORECLOSURE; CHARGING 9 $8,685.66 TO ACCOUNT NO. 1500- 514 -3410, LEGAL 10 SERVICES, NON - RETAINER; CHARGING $560.00 TO 11 ACCOUNT NO. 001- 0000 - 132 - 2040, 73 STREET PARKING' 12 GARAGE LOAN; CHARGING $232.50 TO ACCOUNT NO.` 608 - 13 1910- 521 - 3100, 'PROFESSIONAL SERVICES, FORFEITURES; 14 AND CHARGING $765.5.0 TO ACCOUNT NO. 1500- 514 - 3452,' 15 CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of South Miami approved 18 Resolution No. 99- 94- 9500, as amended by Resolution No. 217 -97- 10187, 19 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 20 21 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 22 for legal services rendered, and costs advanced, for the period ending 23 February 28 2003, in the amount of $11,000.16; and,` 24 25 WHEREAS, the City Attorney recommends payment of the attached 26 invoices. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF 'SOUTH MIAMI, FLORIDA: 30 31 Section 1 The invoices for attorneys' fees and costs received from 32 Nagin Gallop Figueredo, P.A., in the total amount of $11,000.16, are approved for 33 payment and charging $756.50 to account no. 1500- 514 -3435, real 34 estate /foreclosure; charging $8,685.66 to account no. 1500 -514- 3410, legal, non- 35 retainer; charging $560.00 to account no. 001 - 0000 -132 -2040, 73rd Street Parking 36 Garage Loan Account; charging $232.50 to account no. 608 -1910- 521 =3100, 37 professional services, forfeitures; and charging $765.50 to account no. 1500 -514- 38 3452, code enforcement. 39 40 Section 2. This resolution shall take effect "immediately upon approval. 41 Additions shown byunderlinin and deletions shown by everstfikiffg. l Page 2 of 2 2 PASSED AND ADOPTED this day of March, 2003. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR' 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 Mell6100 \Documents \0022 \DAJ \17262.doc 21 i 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Page 2 of 2 Item No. Quantity Description and Specifications Account Number Unit Price Total 1 2 Real Estate /Foreclosure 1500 -514 -3435 $756.50 $756.50 2 9 Legal, Non - Retainer 1500 -514 -3410 $8,685.66 $8,685.66 3 1 Forfeitures 608- 1910 - 521 -3100 $232.50 $232.50 4 1 73` Street Parking Garage Loan Account 001- 0000 - 132 -2040 $560.00 $560.00 5 1 Code Enforcement 1500 -514 -3452 $765.50 $765.50 TOTAL ' $11,000.16 j Purchase Order No. I Terms /Discount I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Finance Director Matter ID: 0022 -002 City of South Miami Real Estate & Contracts ` 6130 Sunset Drive Statement No. 13489 City of South Miami, FL 33143 Hours Amount 02/25/2003 EAB Prepared for and attended P &Z Board meeting, which was 2.00 300.00 canceled due to lack of quorum. 02/25/2003 EGG Prepared for planning board meeting. 0.30 52.50 Total Professional Services 352.50 Rate Summary Eve A. Boutsis 2.00 hours at $150.00 /hr 300.00 Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Total hours: 2.30 Payments 07/15/2002 Payment Ck #37713 2,462.50 02/13/2003 Payment Ck #39867 900.00 03/05/2003 Payment Ck#40208 3,247.50' Sub -total ,Payments: 6,610.001 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1,5% per month will be charged if payment is not received within 30 days. '� „aE7"r ..t.;..r,.— ...o` --.. ��. .». x�' r3 ?�.n;?.r ,yF"'�'- ,4 "- €^+5'?..,u'��x "71src'- �'..,?�''i=, ,•.,�, anc",�— "[�f;.`1a „�;;a .< w+. _:^�,.m"�.,as^.,r.% ,a'ru., < a Nagin Gallop Fig ueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -002 Statement No.: 13489 Page: 2 For Professional Services 352.50 For Disbursements incurred 0.00 Current Balance: 352.50 Previous Balance: 6,610.00 Payments - Thank you 6,610.00 Total Due 352.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment "is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2003 Hakeem Oshikoya Matter ID: 0022 -003 Finance Director Williamson Foreclosure City of South Miami 6130 Sunset Drive Statement No. 13490 City of South Miami, FL 33143 Payments 07/15/2002 Payment Ck #37713 229.02 02113/2003 Payment Ck #39867 48.00 Sub -total Payments: - 277.02 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 244.02 Payments - Thank you 277.02 Total Due -33.00 To be properly credited, please indicate Statement Number on your remittance check. i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate' of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGVEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353; Facsimile: (305) 854- 5351 - Hakeem Oshikoya March 7, 2003 Finance Director ' Matter ID: 0022 -023 City of South Miami Parking garage contract 6130 Sunset Drive Statement No. 13491 City of South Miami, FL 33143 Amount Hours - 02/03/2003 LRF Telephone conference with Mark Richman regarding site layout; 0.50 87.50 conference with Eve Boutsis regarding overview of parking garage project for audit letter. 02/04/200.3 LRF Meeting with Mark Richman to discuss alternate site plans for 1.20 210.00 purposes of initiating settlement` negotiations. 02/07/2003 LRF Reviewed the acting city manager's memorandum regarding status ' 0.70 122.50 report on Richman negotiations; conferred with iMr. Youkilis regarding same. 02/25/2003 LRF Conference with Earl Gallop regarding attorney report requested by 0.80 140.00 the City Commission for the City of South Miami concerning MRP's project related expenditures. Total Professional Services 560.00 Rate Summary Luis R. Figueredo 3.20 hours at $175.00/hr 560.00` Total hours: 3.20 Payments 02/13/2003 Payment Ck #39867 2,465.00 07/15/2002 payment Ck#37713 11,807.50 Sub- total Payments: 14,272.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 13491 Page: 2 For Professional Services 560.00 For Disbursements Incurred 0.00 Current Balance: _560.00 Previous Balance: 16,705.00 Payments - Thank you 14,272.50 Total Due 2,992.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854- 5353 facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Finance Director Matter ID: -0022 -027 City of South Miami Bruce v. Code Enforcement 6130 Sunset Drive Statement No. 13492 City of South Miami, FL 33143 Hours Amount 02/06/2003 MDS' Analyzed proposed settlement agreement. Preformed modifications 0.50 87.50 to proposed settlement agreement. 02/20/2003 EAB Attention to Bruce matter; and prepared facsimile corrrespondence 0.30 45.00 to Ms. Eva Rosa regarding' city's August 2002 liens issued against " Bruce' property. 02/20/2003 EGG Instructions to litigation team regarding trial preparation needs. 0.40 70.00 02/20/2003 MDS Prepared modified settlement proposal for matter. 0.50 87.50 02/21/2003 MDS Prepared letter to mediator in regards to modifications to proposed ' 0.80 140.00 Settlement Agreement. Total Professional Services' 430.00 Rate Summary Eve A. Boutsis 0.30 hours at $150.00 /hr 45.00 Earl G. Gallop 0.40` hours at $17500/hr 70.00 Michael D. Spivack 1.80 hours at $175.00/hr 315.00 Total hours: 2.50 Expenses Mileage 3.00 Parking Charge 16.50 02/27/2003 Court reporter 316.00 Sub -total Expenses: 335.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 13492 Page: 2 Payments 02/13/2003 Payment Ck#39867 542.50 07/15/2002 Payment Ck #37713 1,178.25 Sub -total Payments: 1,720.75 For Professional Services 430.00 For Disbursements Incurred 335.50 Current Balance: 765.50 , Previous Balance: 3,928.75 Payments - Thank you 1,720.75 Total Due; 2,973.50 To be properly; credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGVEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2003 Hakeem Oshikoya Matter ID: 0022 -034 Finance Director CSM v. Third Group Mortgage, City of South Miami 6130 Sunset Drive Statement No. 13493 City of South Miami, FL 33143 Hours Amount 02/1912003 EAB Meeting with Mr. Orlando Martinez; drafted and obtained executed 0.30 45.00 release of liens. 02/20/2003 EAB Prepared suggestion of mootness and motion to dismiss due to 0.70 105.00 satisfaction of lien.: 02/20/2003 JMP Filed the CSM Notice of Suggestion of Mootness and Motion to 0.75 15.00 Dismiss to the clerk and delivered a release of lien to be recorded to the Recording Department. 02/27/2003 EAB Attended hearing on Beta G's summary final judgment motion. 1.50 225.00 Total Professional Services 390.00 Rate Summary Eve A. Boutsis 2.50 hours at $150.00 /hr 375.00 Jennifer M. Penichet 0.75 hours at $ 20.00 /hr 15.00 Total hours: 3.25 Expenses Mileage 1.50 Parking Charge 2.00 02/20/2003 Recording Fee 10.50 Sub -total Expenses: 14.00 Payments 02/13/2003 Payment Ck #39867 45.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate' of 1.5% per month will be charged if payment is not received within 30 days: ,. .;.f,"'ja" , . � +.. ,. ... „ '�"° +^ ;.,— .- na- .,'*°_T.•�°'^'"..:5 ee ..,.. .:a t, .�„ �°� r'?5�., h � �'�+v„ —.; r'a', +�"`3 :"C.'� �' Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter 1D: 0022 -034 Statement No.: 13493 Page: 2 07/15/2002 Payment Ck #37713 875.12 03105/2003 Payment Ck#40208 105.00 Sub -total Payments: 1,025.12 For Professional Services 390.00 For Disbursements Incurred 14.00 Current Balancer 404.00 Previous Balance: 1,250.12 'Payments - Thank you 1,025.12 Total Due 629.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ",,"i^;a "�P,n .'�: .....x .,. .,, .., �"'"�,,w.,; -• .r,,,.T ,...,. e.-,, .. ..°a�-n.:5'�"�cT"e�;'e?"'"„, .; .i�r�.,,,"�'y%:*�'i�n „��: �,. r ash. .s..,rrU, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Matter ID: 0022 -046 Finance Director Merrick v. City of South. Miami City of South Miami 6130 Sunset Drive' Statement No. 13494 City of South Miami, FL 33143 Hours Amount 02/26/2003 EGG Reviewed settlement agreement and June 26 2002 memo from 0.60 105.00 capt. Ross regarding consultation with Fla. Div. of Retirement; evaluated options to implement retirement provision of settlement agreement: Total Professional Services 105.00 Rate Summary - Earl G. Gallop 0.60 hours at $175.00/hr 105.00 Total hours: 0.60 Payments 07/15/2002 Payment Ck #37713 1,443.65 Sub -total Payments: 1,443.65 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days; �,-Tx . ,-.z, °", ° ., i., ,''3 '1 °t€e .,, `; ,E,�` 'x", ' "ua",?f' ", ,-= r; ,r ;ro.{;aF '` a,3'"n,ww.r^ry rR=r.• sra re!..ra.s .,, a tom. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 13494 Page: 2 For Professional Services 105.00 For Disbursements incurred 0.00 Current Balance: 105.00 Previous Balance: 1,631.15 Payments - Thank you 1,443.65 Total Due 292.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %o,per month will be charged if payment is not received within 30 days.. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOYA: Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Matter ID: 0022 -055 Finance Director City of South Miami Purchase of 7800 SW 59th 6130 Sunset Drive Statement No. 13495 City of South Miami, FL 33143 Payments 02/1312003 Payment Ck #39867 105.00 Sub -total Payments: 105.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 227.50 Payments - Thank you 105.00 Total Due 122.50 To be properly credited,' please indicate Statement Number on your remittance check: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP P.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Finance Director Matter ID: -0022 -061 City of South Miami NRA, et al. vs. City of South 6130 Sunset Drive Statement No. 13496 City of South Miami, FL 33143 Hours Amount 02/11/2003 EAB Prepared exhibits for hearing on costs. 1.00 150.00 02/12/2003 EAB Prepared for hearing on costs, and attended costs hearing. 6.00 900.00 Total Professional Services 1,050.00 Rate Summary Eve A. B outsls 7.00 hours a t 150. $ OO /hr 1,050.00: Total hours: 7.00 Expenses Parking Charge 10.00 Sub -total Expenses: 10.00 Payments 02/13/2003 Payment Ck#39867 52.50 07/15/2002 Payment Ck #37713 590.31 Sub -total Payments 642.81 i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a j rate of 1.5% per month will be charged if payment is not received within 30 days. ` ""t",' �•,.,_ °.,m .E,a, Nagin Gallop Figueredo P.A. CONFIDENTIAL -,ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 13496 Page: 2 For Professional Services 1,050.00 For Disbursements Incurred 10.00 Current Balance: 1,060.00 Previous Balance: 992.31 Payments - Thank you 642.81 Total Due 1,409.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA` Attorneys & Counselors 3225 Aviation Avenue, Suite 301 ` Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 March 7, 2003 Hakeem Oshikoya Matter ID: 0022 -094 Finance Director Officer Darby Wagner Arbitration City of South. Miami 6130 Sunset Drive Statement No. 13497 City of South Miami, FL 33143 Amount Hours 02/03/2003 MDS Telephone conference with client in regards to drafting a resolution 0.20 35.00 ordering reinstatement of Darby Wagner with full pay, seniority, and benefits. 02/05/2003 MDS Telephone conference with Mr. Tucker in regards to reinstating 0.20 35.00 Officer Wagner. 02106/2003 MDS Client conference in regards to payment of back wages to Officer -0.60 105.00 Wagner. Telephone conference with Mr. Tucker in regards to payment of back wages to Officer Wagner. Telephone conference with Mr.Youkilis in regards to payment of back wages to Office Wagner. 02/14/2003 MDS Telephone conference with Mr. Tucker in regards to: (1) Officer 0.20 35.00 Wagner's yearly raise increase; (2) Officer Wagner's work schedule. 02/24/2003 MDS Left telephone message for opposing counsel in regards to his call 0.70 122.50 to office earlier in the day. Telephone conference with opposing counsel in regards to back pay due officer Wagner. Telephone conference with client in regards to back pay due officer Wagner. Reviewed calculations sheet prepared by client in regards to quantifying back pay due officer Wagner. Prepared letter to Mr: Tucker in regards to calculations sheet, 02/25/2003 MDS Reviewed telephone message from Mr. Tucker. Returned Mr. 0.10 17.50 Tucker's telephone call. 02/25/2003 MDS Telephone conference with client in regards to back pay for Officer 0.20` 35.00 Wagner. Telephone conference with client in regards to other I.A. investigations pending against officer Wagner. Telephone conference with Mr. Tucker in regards to back pay issue for Officer Wagner. Reviewed memorandum from City Manager in regards to harassing telephone calls from Officer Wagner to Finance Director. 02/28/2003 MDS Telephone conference with Mr. Tucker in regards to back pay for 0.10 -17,50 Officer Wagner. Payment' is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. _ ., -„ ,,,,.,r.- ,.,,z; h ,...,,.r,i ., ?" 'r,- ,.-s.yvF sc�... ,. ',3,.m grx *f;. .s c a F'. .'" ,. ,.*'•a ;^,. ;` a—M. .,. a^... „A,.. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -094 Statement No.: 13497 Page: 2 Total Professional Services 402.50 Rate Summary Michael D. Spivack 2.30 hours at $175.00/hr 402.50 Total hours: 2.30 Payments 03/05/2003 Payment Ck#40208 3,867.50 02/13/2003 Payment Ck #39867 700.00 Sub -total Payments: 4,567.50 For Professional Services 402.50 For Disbursements Incurred 0.00 Current Balance: - 402.50 Previous Balance: 5,041.64 Payments - Thank you 4,567.50 Total Due 876.64 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA' Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Finance Director Matter ID: 0022 -096 City of South Miami Darby L. Wagner EEOC Claim 6130 Sunset Drive Statement No. 13498 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance' 0.00 Previous Balance: 227.50 Payments - Thank you 0.00' Total Due 227.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1,5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys £r Counselors 3225 Aviation Avenue, Suite 301 - Miami, Florida 33133 Telephone: (305) 854 -5353 ' Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Finance Director Matter ID: 0022 -1.01 City of South Miami Hampton Pre - Determination 6130 Sunset Drive Statement No. 13499 City of South Miami, FL 33143 Hours Amount 02/05/2003 MDS Prepared letter to opposing counsel in regards to criminal history of 0.10 17.50 Mr. Hampton.' 02/0672003 MDS Reviewed Order of Unemployment Appeals. Commission. 0.10 17.50 02/12/2003 MDS Telephone conference with client in regards to January 31, 2003 2.50 437.50 letter from opposing counsel to Ms. Navarro. Legal research regarding specificity neccessary for proper request for public record. Prepared letter to opposing counsel in response to opposing counsel's vague public records request. 02/14/2003 MDS Telephone conference with opposing counsel's legal assistant in 0.50 87.50 regards to public records request. Prepared letter to opposing counsel in regards to public records request. Telephone conference with client in regards to public records request. 02/20/2003 MDS Client consultation regarding settlement conference with Mr. 2.00 350.00 - Hampton , Ms. Hampton, and opposing counsel. Attended conference with City Manager ,Human Resource Manager, Mr. Hampton , Ms. Hampton, and opposing counsel in regards to possible settlement of matter. 02/24/2003 MDS Reviewed letters from opposing counsel in regards to Jose Merado. 0.60 105.00 Telephone conference with client regarding assertion by Hampton that Jose Merado was treated differently and regarding possible settlement of matter. 02/26/2003 MDS Telephone conference with client in regards to settlement of matter. 0.10 17.50 02/28/2003 MDS Telephone conference with Janette Navarro in regards to settlement 0.20 35.00 of matter. Total Professional Services 1,067.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL -ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -101 Statement No.: 13499 Page: 2 Rate Summary Michael D. Spivack 6.10 hours at $175.00/hr ' 1,067.50 Total hours: 6.10 Expenses Mileage 3.00 Legal research 7.43 02/26/2003 Arbitrator Fee - American Arbitration - 175.00 Association Fee - `Duplicate Charge by AAA - Voided Charge from previous Inv. #13094 Sub-total _ Expenses: - 164.57 Payments 07/15/2002 Payment Ck #37713 332.50 02/13/2003 Payment Ck #39867 727.30 - Sub -total Payments: 1,059.80 For Professional Services 1,067.50 For Disbursements Incurred - 164.57 Current Balance: 902.93 Previous Balance: 3,989.30 Payments - Thank you 1,059.80 Total Due 3,832.43 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per 'month -will be charged if payment is not received within 30 days. ry CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2003 Hakeem Oshikoya Matter ID: 0022 -105 Finance Director National City Mtg. Co. vs. City of South Miami 6130 Sunset Drive Statement No. 13500 City of South Miami, FL 33143 Payments 07/15/2002 Payment Ck #37713 809.59 Sub -total Payments: 809.59 For Professional Services 0.00 For Disbursements Incurred ` 0.00 Current Balance: 0.00 Previous Balance: 812.59 Payments - Thank you 809.59 Total Due 3.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at rate of 1.5% per month will be charged if payment is not received within 30 days. ,'p. d?, "'i ... .... ., ..`3 : -fin, � °rye. , . ,:'r , i.^°'�° - ,�`" . t'' 'T.; '.r��s � 3'"'�i'T.,,P m.'F,4'G^r �'aG ::'. a9z"?:. it?Th,*w��'�Tm`^. yam, r.:Y. ?� r, .it =�.'� r .iRwsd ,• °, 'r.,; CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGINGALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem- Oshikoya March 7, 2003 Matter ID: 0022 -112 Finance Director Forfeiture of 1987 Cadillac Sedan City of South Miami 6130 Sunset Drive Statement No. 13501 City of South Miami, FL 33143 Payments 02/13/2003 Payment Ck#39867 65.00 Sub -total Payments: 65.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00' Previous Balance: 74.00 Payments - Thank you 65.00 Total Due 9.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. --7r, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Matter ID: 0022 -113 Finance Director' City of South Miami Forfeiture of 1991 Nissan 300zx 6130 Sunset Drive Statement No. 13502 City of South Miami, FL 33143 Hours Amount 02/05/2003 EAB Drafted letter to mediator and to claimant regarding mediation date. 0.30 30.00 02/26/2003 EAB Drafted witness and exhibit list. 1.00 100.00 02/27/2003 EAB Telephone conference with AC Feldman regarding finalizing witness 0.40 40.00 and exhibit lists and finalized pleading. 02/27/2003 JB Prepared witness and exhibit list per 12/19/02 order to be filed with 2.50 62.50 the court. Total' Professional Services 232.50 Rate Summary Eve A. Boutsis 1.70 hours at $100.00 /hr 170.00 Jordan Braswell 2.50 hours at $ 25.00 /hr 62.50 Total hours: 4.20 Payments 02/13/2003 Payment Ck#39867 150.00 Sub -total Payments: 150.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: �,r; Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -113 Statement No.: 13502 Page 2 For Professional Services 232.50 For Disbursements Incurred 0.00 Current Balance: 232.50 Previous Balance: 150.00 Payments - Thank you 150.00 Total Due 232.50 To be properly credited; please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. — ^'_crc� k°.; � �-,ae ..... .,.. ., , a... _ �m�mrreh} ^.l"n.. . ;� „ ?tub' u. �^fi"", `�`�iA'�'`R'rS .?'�%�??r�.:i?i; "'^�f5,�.'• _ , �T (r— „rF,'; ,`^?* � e°er -� �-r:r:; -t ,.^tinr:r '� ='rT. _ CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2003 Hakeem Oshikoya Matter ID: 0022 -119 Finance Director Deborah Benfield Arbitration- City of South Miami 6130 Sunset Drive Statement No. 13503 City of South Miami, FL 33143 Amount Hours 02/10/2003 MDS Client conference in preporation for the arbitration hearing 1.70 297.50 scheduled for next Tuesday at 10:00 a.m. Analyzed American Arbitration Association's Labor Arbitration Rules in preporation for the arbitration hearing scheduled for next Tuesday at 10:00 a.m. Prepared letter to Mr; Mllian in regards to stenographic recordation of arbitration hearing. 02/11/2003 MDS Analyzed possible defense to Benfield arbitration. Prepared - 2.50 437.50 witnesses for arbitration. 02/12/2003 MDS Reviewed case law in preporation for arbitration. 0.50 87.50 02/13/2003 MDS Legal research regarding case law in anticipation of likely legal 5.40 945.00 issues to be presented at arbitration hearing. Prepared pleading in - anticipation of likely legal issues to be presented at arbitration hearing. 02114/2003 MDS Reviewed letter from opposing counsel in regards to public records 0.10 17.50 request. 02/18/2003 MDS ` Represented client at arbitration hearing. 8.00 1,400.00 02/19/2003 MDS Represented client at arbitration hearing. 8.00 1,400.00 02/25/2003 MDS Left telephone message for opposing counsel in regards to 0.10 17.50 - settlement offer by former officer Benfield. 02/25/2003 MDS Telephone conference with Captain Ross in regards to arbitration of 0.70 122.50 this matter. Telephone conference with Mr. Milian in regards to settlement offer from Officer Benfield on`EEOC` matter. 02/26/2003 MDS Telephone conference with opposing counsel in regards to public 0.10 17.50 records request. Total Professional Services 4,742.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days.' ��'�7... „4.. r .iTM..!..,.'�� €"!G .r ,"5z� �, .�• rt^- ,�cr'-...,,, i°i+. . T'ri. "{� _ s .. .-» "i^- '�,,_�'•,�'t s'� , di'?F.°A� a 7n r;:.�'Re+,"£em Y.:,F k;2: ^�. 'm°- :e+5^.'�^4H' .:'.� Ti.m.,', »k.?`�.i`� °ills' . ..�zk ?`:R'.T =, F - Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -119 Statement No.: 13503 Page: 2 Rate Summary Michael D. Spivack 27.10 hours at $175.00/hr 4,742.50 Total hours: 27.10 Expenses Legal research 65.23 02/28/2003 Arbitrator Fee - Termination of Deborah 175.00 Benefield -Date of Initial Administrative Fee - Oct. 3, 2002 - Mistakenly voided previously. Correctly Invoice on Inv. #13102 02/28/2003 Arbitrator Fee - Termination of Deborah - 175.00 Benefield- Date of Initial Administrative Fee - Oct. 3, 2002 Sub- total Expenses: 65.23 Payments 02/13/2003 Payment Ck#39867 770.00 Sub -total Payments: 770.00 For Professional Services 4,742.50 For Disbursements Incurred 65.23 Current Balance: 4,807.73 Previous Balance: 1,976.50 Payments - Thank you 770.00 Total Due 6,014.23 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Matter ID: 0022 -120 Finance Director City of South Miami Downtown improvement project 6130 Sunset Drive Statement No. 13504 City of South Miami, FL 33143 Payments 02/13/2003 Payment Ck #39867 367.50 Sub -total Payments: 367.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 385.00 Payments - Thank you 367.50 Total Due 17.50 To be properly credited, please indicate Statement Number on your remittance check.' Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding, this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. m.�. MM 7111-711"- "PUM 1178 . , r s CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2003 Hakeem Oshikoya Matter ID: 0022 -123 Finance Director Labor - PBA Police Lieutenants City of South Miami 6130 Sunset Drive Statement No. 13505 City of South Miami, FL 33143 Hours Amount 02/07/2003 EGG Reviewed and executed stipulation regarding abolition of IA sargent; 0.40 70.00 transmitted same to PERC hearing officer; reviewed affidavit of chief Watson regarding exempt supervisory position of ass't. chiefs; communication with same. 02/12/2003 EGG Analyzed hearing officer's recommended order with particular 0.50 87.50 attention to whether IA captain should be excluded from bargaining unit; telephone conference with Mr.Stokes regarding same and any further handling needs; prepared memorandum to citycomm'n., Mr. Youkilis and chief Watson. 02/20/2003 EGG Transmitted hearing officer's recommended order in PBA v. CSM to 0.20 35.00 chief Watson with request for review and comment. 02/28/2003 EGG Telephone conferences with mayor Feliu -and Mr. Youkilis, and with 0.40 70.00 labor counsel regarding potential unfair labor practice. .Total Professional Services 262.50 Rate Summary, Earl G. Gallop 1.50 hours at $175.00/hr 262.50 Total hours: _ 1.50 Payments 02/13/2003 Payment Ck#39867 557.50 Sub- total Payments: 557.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -123 Statement No.: 13505 Page: 2 For Professional Services 262.50 For Disbursements Incurred 0.00 Current Balance: 262.50 Previous Balance: 1,767.50 Payments - Thank you 557.50 Total Due 1,472.50 To be properly' credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP`� Attorneys &'Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 - 5351 Hakeem Oshikoya March 7, 2003 Matter ID: 0022 -124 Finance Director City of South Miami Maria Andtaiza EEOC Claim 6130 Sunset Drive Statement No. 13506 City of South Miami, FL 33143 Hours Amount 02/27/2003 EAB Attention to Mr. Gallup's, counsel for Anduiza, request to serve our 0.30 45.00 office with process. Total Professional Services 45.00 Rate Summary Eve A. Boutsis 0.30 hours at $150.00 /hr 45.00 Total hours: 0.30 Payments 02/13/2003 Payment Ck #39867 45.00 Sub -total Payments: 45.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days Nagin Gallop Fig ueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter 1D: 0022 -124 Statement No.: 13506 Page: 2 For Professional Services 45.00 For Disbursements Incurred 0.00 Current Balance: 45.00 Previous Balance: 540.00 Payments - Thank you 45.00 Total Due 540.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt." Please notify us within 10 days of receipt of any questions you have regarding; this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. �asa, .";, ,,. �, ...�°r .F,�n�r"�,�.,'�.�r^'r,� .. �''�cz- ..��r�'f�;,;r�-- .cam;:,•. �,, <� � -�.r,. °. ,�. .�;,r � �: CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO P.A. Attorneys Fx Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2003 Hakeem Oshikoya Matter ID: 0022 -125 Finance Director John Hampton EEOC Claim City of South Miami 6130 Sunset Drive Statement No. 13507 City of South Miami, FL 33143 Hours Amount 0211112003 MDS Telephone conference with Assistant State Attorney Mark Smith. 0.20 35.00 Analyzed close out memo by Assistant State Attorney Mark Smith. 02/2012003 EAB Attention to file and drafted correspondence to EEOC regarding 0.30 52.50 agreed stay of EEOC charge of disrcimination. 02/21/2003 EAB Drafted letter to EEOC extending, deadlines indefinitely due to 0.20 35.00 settlement negotiatons. 02/26/2003 EAB Telephone conference with Ms. Ines Lozano of EEOC regarding 0.20 35.00 EEOC proposed Hampton deadlines as no indefinite extension will be granted. Total Professional Services 157.50 Rate Summary Eve A. Boutsis 0.70 hours at $175.00/hr 122.50 i Michael D. Spivack 0,20 hours at $175.00/hr 35.00 Total hours: 0.90 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days; Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -125 Statement No.: 13507 Page: 2 For Professional Services 157.50 For Disbursements Incurred 0.00 Current Balance: 157.50 Previous Balance: 910.00 Payments - Thank you 0.00 Total Due 1,067.50 To be properly credited, please indicate Statement; Number on your remittance check. j Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2003 Matter ID: 0022 -126 Finance Director Deborah Benfield EEOC City of South Miami Claim 6130 Sunset Drive Statement No. 13508 City of South Miami, FL 33143 Amount Hours 02/05/2003 EAB Telephone conference with EEOC investigator regarding extension 0.20 35.00 request to file position statement and regarding, Benfield's proposed` settlement offer; conveyed offer to` client; 'and began drafting response to EEOC confirming extension of time. 02/20/2003 EAB_ Attention to EEOC matter; e-mail communication with chief Cokes 0.30 52.50 Watson and capt. Bruce Ross regarding' documents `needed to respond to EEOC. 02/24/2003 EAB Attended document review regarding Benfield EEOC matter; and 2.50 437.50 prepared confirming correspondence to EEOC °investigator confirming second short extension. 02/27/2003 EAB Attention to Benfield EEOC' charge of discrimination and began 1.50 262.50 organizing and bates numbering production responsive to EEOC's request for information. 02/28/2003 JB Prepared for March 5, 2003 deadline to produce documents to 6.20 155.00 EEOC, made 2000 copies and organizing copies to be bates labeled. Total Professional Services 942.50 Rate Summary i Eve A. Boutsis 4.50 hours at $175.00/hr 787.50 Jordan' Braswell 6.20 hours at $ 25:00 /hr 155.00 Total hours: 10.70 i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a _ rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin, Gallop 'Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -126 Statement No.: 13508 Page: 2 For Professional Services 942.50 For Disbursements Incurred 0.00 Current Balance: 942.50 Previous Balance: 35.00 Payments - Thank you 0.00 Total Due 977.50 To be properly .credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. South Miami - 1 CITY OF SOUTH MIAMI y ` Excellence, Integrity, Inclusion 20®1' TO: Honorable Mayor, Vice Mayor Date: March 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM NO. Acting City Manager RE: City Code provision on Construction Noise. ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE: BACKGROUND & ANALYSIS The City has received numerous complaints about excessive construction noise in the late hours of the evening. This noise according to South Miami residents creates a hardship as well as a nuisance to them and immediate surrounding neighborhoods. On. Tuesday, February 18, 2003, the City Commission approved and modified; on first reading an amendment to Article III, Section 15-91 of the Code of Ordinances entitled "Noise" to change the hours of operation for Construction noise as follows: Article 111 Noise Section 15-91 Pile Drivers Steam Shovels, Pneumatic hammers. >etc. It shall be unlawful for any person in conducting any building operations on Monday - Saturdays between the hours of 10 x. 7 m. and 7 a.m., and all day on Sundays, to operate or use any pile - driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is attended by loud or unusual noise, except by written permission of the City Manager, and then only in case of emergency. RECOMMENDATION Approval is recommended. Attachment. Municipal Survey Draft Resolution SAY /DMCIMST Noise Miami Dade County Hours of Operation: 7:00 a.m. -11 :00 p.m. Monday - Fri ay Hours not covered: 11:00 p.m. - 7:00 a.m. (NO EXCEPTIONS) City of Coral Gables Hours of Operation: 7:30 a.m. - 6:00 p.m. < Monday - Friday Hours not covered: 6 :00 p.m. - 7:30 a.m. Hours of Operation: Saturday 9:00 a.m. - 5:00 Em. NO CONSTRUCTION NOISE ON SUNDAYS (Exceptions can be obtained through the City Manager). City of No Miami *No Ordinance *(They follow Miami Dade County rules & regulations) City of Pin crest Hours of Operation: 7:00 a.m. - 6 :30 p.m. Monday - Friday Hours not covered: 6 :30 p.m. - 7:00 a.m. Monday - Frida Hours of Operation:Saturday, Sunday & Holidays 8:00 a.m. - 4:00 p.m. (NO EXCEPTIONS) 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, 5 AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF 6 ORDINANCES; CHANGING THE DATE AND TIME WHEN 7 CONSTRUCTION NOISE IS PERMITTED, PROVIDING FOR 8 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 9 AND PROVIDING-TAN EFFECTIVE DATE. to �1 12 WHEREAS, The 'City has received numerous complaints about excessive 13 construction noise in the late hours of the evening, and 14 15 WHEREAS, The noise has created hardships as well as a nuisance to the 16 residents and immediate neighborhoods, and 17 18 WHEREAS, It would be appropriate to amend the City Code, Article III, 19 Section 15 -91, "Noise ", (Pile Drivers, steam shovels, pneumatic hammers, etc), to 20 reduce the time in which this type of noise is permitted without permission. 21 22 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. Article III, Section 15 -91 "Noise" of the Code of Ordinances 26 (Pile Drivers, steam shovels, pneumatic hammers, etc.), is 27 hereby amended to include the following language: 28 29 Article III. Noise 30 Section 15-91 (Pile Drivers, steam shovels, pneumatic hammers, etc) 31 It shall be unlawful for any person in conducting any building 32 operations on Monday — Saturdays between the hours of 10 p.m. 33 Zq._m. and 7 a.m., and all day on Sundays, to operate or use any 34 pile- driver, steam shovel, pneumatic hammer, derrick, steam or 35 electric hoist or other apparatus, the use of which is attended by 36 loud or unusual noise, except by written permission of the City 37 Manager, and then only in case of emergency. 38 39 Section 2. All ordinances or parts of ordinances in conflict with the 40 provisions of this ordinance are hereby repealed. 41 42 Section 3. - If any section, clause, sentence, or phrase of this ordinance is 43 for any reason held invalid or unconstitutional by a court of 44 competent jurisdiction, this holding shall not affect the validity 45 of the remaining portions of this ordinance. 46 47 Section 4. This ordinance shall be effective immediately after the adoption 4s hereof. 49 50 1 2 PASSED AND ADOPTED this day of , 2003 3 4 5 ATTEST. APPROVED: 6 7 s CITY CLERK MAYOR 9 I $' Reading 10 2"d Reading I1 12 13 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 14 Mayor Feliu 15 Vice Mayor Russell 16 Commissioner Bethel 17 Commissioner Wiscombe 18 Commissioner McCrea 19 20 CITY ATTORNEY 2Q7 30 Oab=m WnCws"dioaHi 2003 370 31 32 MIAMI DAILY BUSINESS REVIEW Published. Daily except Saturday; .Sunday and Legal Holidays Miami; 'Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or sheds the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Re�eiew, a d Ay (except Saturday, Sunday;,. and Legal Holidays) newspLper, publisfxpd at Miami in lvit mi =Dada ; County, Florida; that the attached copy'''ot'advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING - 3/18/03 ORD. RELATING TO NOISE, ETC. in the XXXX Court, was published in said newspaper in the issues of 03/07/2003 Affiant further says that the said Miami Daily- Business Review is a newspaper pubiished at Miami in said.Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post_ office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attache opy of advertisement; and affiantfurther says that he or she as n ither paid nor promised any person, firm or corporation art disco nt, rebate, commission or refund for the purpose Of ecurI g this advertisement for publication in the said ne s er. Sw n to n-b d s cribed be -We me this 0 day, MARCH A.D. 2003 (SEAL)` MP.RiIt t. MESA BOOKIE WILLIAMS Ilt,f nM rG%I ION # CC 885640 ' EXPIRES: March 4 2004 OF F��'' Bonded Thru Notary Public Underwriters °r South Miami - ��` CITY OF SOUTH MIAMI Excellence, Integrity, .inclusion 2401 TO: Honorable Mayor, Vice Mayor Date: March 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM NO. Acting City Manage RE: New Code Provision "Special Master System 2nd Reading ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE ENFORCEMENT; REPEALING IN ITS ENTIRETY SECTION 2 -24 OF THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT BOARD" CREATING A NEW SECTION 2 -24, ENTITLED "SPECIAL MASTER "; INCLUDING QUALIFICATIONS, POWERS OF AND COMPENSATION OF SPECIAL MASTERS; REVISING SECTION 2 -25, ENTITLED "CODE ENFORCEMENT PROCEDURES"; FOR APPEALS OF CODE ENFORCEMENT VIOLATIONS TO SPECIAL MASTER; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS In recent weeks it has been brought to the attention of administration that the Code Enforcement Board waived or reduced significantly numerous fines, which crated a financial impact on past and present budgetary responsibilities. Upon review of the City's Code of Ordinances, Chapter 2, , Section 2 -24, Code Enforcement Board, it was determined by the City Commission and City Administration that the City of South Miami would benefit with the elimination of the Board, and the establishment of a Special Master System. On Tuesday, February 4, 2003, the City Commission accepted the recommendation of City Administration to eliminate the Code Enforcement Board. The attached ordinance will amend the Code of Ordinances to eliminate the Code Enforcement Board and create a Special Master System. The duties and qualifications of the Special Master System is included in the draft ordinance. The City Commission approved the attached ordinance on first reading held on March 4, 2003, meeting. The Special Master System will go into effect 30 days after approval from the City Commission. RECOMMENDATION Approval on second reading is recommended. Attachments: Draft Ordinance City Manager's Report, Feb. 4, 2043 Letter from CER member SAY /OCMIMST I ORDINANCE NO. 2 3 AN ORDINANCE OF THE :MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE 5 ENFORCEMENT; REPEALING IN ITS ENTIRETY SECTION 2 -24 OF 6 THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT 7 BOARD "; CREATING A NEW SECTION 2 -24, ENTITLED "SPECIAL 8 MASTER "; INCLUDING QUALIFICATIONS, POWERS OF AND 9 COMPENSATION OF SPECIAL MASTERS; REVISING SECTION 2- 10 25, ENTITLED "CODE ENFORCEMENT PROCEDURES "; 11 PROVIDING FOR APPEALS OF CODE ENFORCEMENT 12 VIOLATIONS TO SPECIAL MASTER; PROVIDING FOR 13 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, in recent weeks it has been brought to the attention of administration 17 that the Code Enforcement Board has waived or reduced significantly numerous fines and 18 liens issued by the City's Code Enforcement Officers; and 19 20 WHEREAS, 'due to the waiver or reduction of fines have had a negative financial` 21 impact on past and present budgetary responsibilities; and 22 23 WHEREAS, the Code Enforcement Board had difficulty meeting due to lack of 24 quorum; and 25 26 WHEREAS, upon review of the history of the Code Enforcement Board and of 27 Chapter 2, Section 2 -24, entitled "Code Enforcement," of the City's Code of Ordinances, 28 a determination was made by the city commission and city administration that the City of 29 South Miami would benefit by the elimination of the code enforcement board, and 30 replace it with a special master system; and 31' 32 WHEREAS, on Tuesday, February 4th, 2003, the city commission accepted the 33 recommendation of city administration to eliminate the position of code enforcement 34 board and replace it with a special master system` and to make all necessary changes to 35 sections 2 -24 and 2 -25, of the City of South Miami's Code of Ordinances. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 Section 1. Sec. '2 -24 of the City of South Miami code entitled "Code 41 Enforcement Board is repealed in its entirety and is hereby replaced with a new Sec. 2- 42 24 entitled "Special Master" and shall read: 43 Additions shown by underlining and deletions shown by evefstfil Page l of 11 I Section 2 -24. Special Master 2 3 (a) Pursuant to the constitutional home rule powers granted to municipalities 4 by the Florida constitution, and chapter 166 and section 162.22 Florida 5 Statutes, the City creates the position of Special Master for the city to 6 enforce the occupational license, building, zoning, sign, and other related 7 codes and ordinances of the city and all ordinances of Miami -Dade 8 County and statutes of the state of Florida that the city is authorized to 9 enforce. 10 11 (b) All procedure and conduct of hearings shall be as provided in sec. 2 -25 12 of this code. The city attorney shall serve as counsel to the city in the 13 defense of appeals to the special master. The cijy attorney shall have the 14 power, upon approval by the city commission to initiate civil actions for 15 declaratory and injunctive relief, and orders to compel, and to commence 16 any other action to enforce civil fines, correction orders and orders of the 17 ` special master, and to compromise and settle fines and penalties. 18 19 (c) The special master shall have the powers to: 20 21 (1) Adopt by -laws and rules of procedure. 22 (2) Hear de novo appeals by alleged violators from civil citations 23 affirm in whole or in part, or reverse the charge of violation• and 24 affirm or modify the order of corrections and fine levied in the 25 citation. 26 (3) Subpoena and swear witnesses. 27 (4) Take evidence under oath. 28 (5) Issue orders having the force of law to command action to correct 29 a violation. 30 (6) To assess costs, including reasonable attorney's fees against 31 violators in proceedings before the special master and to enforce 32 compliance with citations and orders of the special; master. 33 (7) Authorize the city attorney to request the issuance of inspection 34 warrants. 35 (8) Perfect liens and foreclose liens. 36 (9) Initiate civil actions for declaratory and injunctive relief, order to 37 compel, and take any other civil action in its own name upon 38 approval by the city commission to enforce applicable laws` 39 against violators. 40 (10) Compromise and settle fines and penalties. 41 (11) Tape any action that is necessary to effectuate the powers of the 42 special master consistent with the intent of sec. 2 -24 and sec 2 43 25. Additions shown by underlining and deletions shown by everstfiking Page 2 of 1`1 .,, . 77 7 1 2 (d) Appointment `of a special master upon recommendation of the city 3 manager with a majority vote from the city commission who will 4 appoint a designated person for this particular position and who shall be 5 authorized to hold hearings, impose, uphold and /or mitigate fines, liens, 6 and other non criminal penalties against violators of city and /or county 7 codes and ordinances: 8 9 (e) Qualifications for special master: 10 11 1) Be a retired Florida Judge; 12` 2) A member in good standing of the Florida Bar, with at least ten 13 year's experience in zoning, land use, code enforcement, or real estate 14 transactions or litigation; - 15 3) A Florida licensed real estate' broker in good standing, licensed for at 16 least five (5) years; 17 4) No more than three (3) special masters shall be appointed for service 18 for any one (1 ) year period. 19 20 Term. A special master's term' of appointment shall be limited to one 21 (1) year. A special master may be reappointed as provided for under 22 ' subsection (d). If a special master is unable to hear a case due to conflict 23 of interest or any other reason, the case shall be assigned to another 24 special master. 25 26 Removal of special master. The city commission at its sole discretion 27 may remove a special master from office at an, tom_ 28 29 Compensation. A special master shall be compensated at a rate not to 30 ' exceed $100.00 per hour for attendance at hearings and preparation of 31 orders of the special master.. 32 33 Section 2. Sec. 2 -25 of the City of South Miami code is created to read: 34 35 Sec. 2 -25. Code enforcement procedures. 36 37 (a) Code enforcement officers. 38 39 (1) Code enforcement officers are charged with enforcing_ the 40 occupational license, building, zoning, sign, and other related' 41 codes and ordinances of the city and all ordinances of Miami -Dade 42 County and statutes of the state of Florida that the city is 43 authorized to enforce. Additions shown by underlining and deletions shown by over-striking. Page 3` of 11 ,I-, 1 (2) A "code enforcement officer" means any designated employee or 2 agent, including, but not limited to, code inspectors and police 3 officers, of the city whose duty it is to enforce the applicable laws. 4 5 (b) Civil offenses. The violation of any applicable law shall constitute a 3 6 civil offense punishable by civil penalty in the amount prescribed in the 7 schedule of fines included in this section. Failure to correct a violation, S pay an administrative fee and fine, or otherwise comply with lawful 9 direction by the code enforcement officer or order of the eode 10 enforeemeexl board special master may subject a violator and, or, 11 property 'owner to civil actions taken in the name of the Eede 12 enforeement board special master, upon approval by the city 13 commission, for, including, but not limited to, declaratory and 14 injunctive relief, order to abate a nuisance, to take corrective action, to 15 compel payment, to foreclose a lien on the property that is subject to the 16 citation or order, or to foreclose a lien on any personal or other real 17 property of the violator, or to take any other civil action to compel 18 compliance. The city is authorized to withhold the issuance of any 19 occupational license, ,land use and development approvals, including, 20 but not limited to, zoning amendment, special 'exception, variance,' 21 building permit, final inspection approval, and temporary or final j 22 certificate of occupancy and use until the violation is corrected. 23 24 (c) Citations. a 25 26 (1) A code enforcement officer is °authorized to issue a civil citation to a 27 person when, based upon personal investigation, the officer has 28 reasonable cause to believe that the person has committed a civil 29 violation of an applicable law. 30 (2) A citation shall contain: -31 1. The date and time of issuance. 32 2. The name and address of the person to whom the citation is 33 issued. 34 3. The date and time the violation was committed. 35 4. The facts constituting reasonable cause. 36 5. The section or paragraph of the applicable law violated. 37 6. The name and authority of the code enforcement officer. 38 7. The procedure for the person to follow in order to correct the 39 violation and to request in writing a compliance inspection by 40 the code enforcement officer. 41 8. The procedure for the person to follow in order to pay the civil 42 penalty or to contest the citation. Additions shown by underlining and deletions shown by Ong. Page 4 of 11 1 9. A statement that if the person elects to appeal the citation a 2 penalty of up to $500 per day may be imposed upon a 3 determination that a violation was committed. 4 10. The applicable civil penalty if the person elects not to appeal 5 the citation. 6 11. Whether the civil penalty is a one time fine and or daily 7 continuing fine. 8 12. A statement that if the person fails to pay the civil penalty 9 within the time allowed, or fails to appeal the citation, the 10 person shall be deemed to have waived his or her right to 11 contest the citation and that alien may be recorded against the 12 property and the citation may be enforced by initiating an 13 enforcement action in county court. 14 (3) Continuing fines may be imposed for those violations which remain 15 uncorrected beyond the prescribed time period for correction 16 included in the civil infraction notice. For each day of continued 17 violation after the time period for correction has run, an additional 18 penalty in the same amount as the fine for the original violation 19 shall be added. 20 (4) In cases of a repeat violation, or if the code enforcement officer has 21 reason to believe that the violation presents a serious threat to the 22 public health, safety or w: elfare, or if the violation is irreparable or 23 irreversible, the code enforcement officer does not have to provide 24 the person with a reasonable time period to correct the violation 25 prior to issuing a citation, and may immediately issue a citation 26 and require immediate corrective action. 27 (5) A "repeat violation" means a violation of the same law at the same 28 address by a person, or� by someone in contractual privity with the 29 person, or by a member of the person's immediate family, such as 30' the person's mother, father, brother, sister, 'son, daughter, or by 31 someone residing with the person, within the past five years.' 32 (6) In cases where a 'violation presents a serious threat to the public 33 health, safety or welfare, the code enforcement officer may also 34 request a special meeting of the eode enfor ^ ° '^.afA special 35 ` master and the city 'manager for the purposes ,correcting the 36 violation by, among other things, providing oversight of the 37 corrective action by the violator or property owner, undertaking 38 corrective action by the city in ' response to 'the violation, and 39 authorizing legal action against the violator and; or, property 40 ' owner. 41 42 (d) Notice of civil infraction. Prior to issuing a citation, the code 43 enforcement officer shall give a civil infraction notice as a courtesy to Additions shown by underlining and deletions shown by ever-str4king. Page 5 of 11 I the person that a violation of an applicable law has been committed and 2 shall establish a reasonable time period within which the person must 3 correct the violation. Where the violator is s not the owner of the real 4 property on which the violation occurs, the code enforcement officer 5" may also give notice to the owner or to the owner's agent or 6 representative. The time period to correct the violation shall not exceed 7 30 days. If, upon personal investigation, a code enforcement officer 8 . finds that the person has not corrected the violation within the time 9 period specified in the civil infraction notice, the code enforcement 10 ` officer shall issue a citation to the person who has committed the 11 violation, and may issue a citation of the owner of the real property, or 12 to the owner's agent or representative. 13_ 14 (e) Criminal penalty for willful refusal to sign and accept citation. Any 15 person who willfully refuses to sign and accept a citation shall be guilty 16 of a misdemeanor of the second degree, punishable as provided in 17 § 775.082 or § 775.083, Florida Statutes. 18 19 (f) Appeals to eerie enfe ,.o, ent board special master.' 20 21 (1) A violator who has been served with a civil citation shall elect to 22 either: 23 1. Pay the civil penalty in the manner indicated on the citation and 24 to immediately correct the violation; or 25 2. Request a hearing before the ^de— enforeement be special 26 master to appeal the determination of the code enforcement 27 officer which resulted in the issuance of the civil citation. 28 (2) An appeal to the eade enf '-eement boa special master shall be 29 accomplished by filing a written request with the code enforcement 30 division of the building department, identifying the citation by the 31 citation number or by the address indicated on the citation, no later 32 than 20 days after the service of the citation. 33 (3) Upon receipt of a timely request for a hearing, the code enforcement 34 division will schedule the appeal on the agenda for the next regularly 35 scheduled meeting of the eede enfe eemei4'b^ °M'' special master. A 36 notice of hearing will be mailed by certified mail to the alleged 37 violator's last known address and, or, to the address of the property 38 " owner that appears on the tax records. ' 39 40 (g) Hearings before eerie °rf^re °meat board special master. 41 42 (1) All hearings before the eerie °Nf ^r^°meiA bea special master shall 43 be conducted as quasi'..- judicial hearings. All witnesses shall be Additions shown by underlining and deletions shown by e s€ king Page 6 of 11 I sworn to tell the truth under penalty of perjury. Although the 2 Florida Rules of Evidence shall not be `,applied to the proceedings 3 strictly, due process and fundamental fairness: shall be accorded to 4 all alleged violators. Hearsay testimony may be considered to give 5 weight or credibility to other evidence, but no order shall be entered 6 based solely on hearsay testimony. 7 (2) In determining appeals, the bed special master shall determine 8 whether: 9 1. The person and, or, the property owner were properly served 10 with the civil citation and notice of hearing. 11 2. The citation adequately identifies facts constituting reasonable 12 cause and the section or paragraph of the applicable law violated. 13 3. The bear special master shall consider all the evidence 14 presented during the hearing. 15 (3) The record shall consist of the code enforcement file, the testimony 16 of the code enforcement officer who issued the 'civil citation and any 17 other evidence accepted by the bear special master. 18 ° (4) The eede- efereement —he= rd special master shall base its 19 determination on substantial, competent evidence in the record and 20 shall issue an order containing a statement of facts, conclusions of 21 law and order. The order may affirm in whole or in part, or reverse, 22 the charge of violation, affirm or modify the fine levied in the ticket, 23 direct additional corrective action by the violator and, or, property 24 owner, request corrective action by the city,' include the cost of 25 repairs incurred, or that might be incurred by the city, in correcting 26 the violation, request the initiation of enforcement proceedings and 27 take any other action consistent with the powers of the heaid special 28 master. 29 (5) An audiotape and written minutes .summarizing the actions of the 30 bed special master shall be made. 31 32 ' (h) Enforcement of orders and liens. 33 (1) At any time, the Bode ef f re t be special master, upon its 34 own, at the direction of the city commission, or upon request of any 35 ` person, may direct the enforcement of its orders, and respond to a 36 serious threat to the public health, safety or welfare. 37 (2) In any action to enforce an order of the eode e,. eree * bea 38 special master or foreclose a lien, the prevailing party shall be 39 entitled to an order against the other party awarding its reasonable 40 attorney's fees incurred in all stages of the proceeding, and costs. 41 42 (i) Liens; priority and foreclosure of liens. Additions shown by underlining and deletions shown byes•• Mft Page "7 of 11 M17 W ., l (1) A certified copy of an order imposing a fine may be recorded in the 2 public'' records of Miami -Dade County and shall, upon recording, 3 constitute a lien against the land on which the violation exists and 4 upon any other real or personal property owned by the violator. 5 (2) Liens shall be enforced by foreclosure in circuit court and subject to 6 the provisions contained in subsection 162.09(3), Florida Statutes, as 7_ amended; provided, however, that the lien shall have the same' 8 priority, effect and duration as a special assessment lien. Liens shall 9 have a duration of 20 years. 10 11 (j) Appeals. An aggrieved party, including the violator, property owner, 12 local governing body, and property owners and tenants within 300 feet 13 of the property that is subject to an order of violation by the cede 14 enfereement bear- special ;master, may appeal the final order to the 15 circuit court. In the case of property owners and tenants, they shall have 16 standing to appeal to the circuit court only if they appeared at the 17 hearing before the eede enfereement board special master and presented 18 evidence in substantial opposition to the final order of the bear- special 19 master. The appeal shall not be a hearing de novo but shall be limited to 20 appellate review of the record. An appeal shall be filed within 30 days 21 of rendition of the order. 22 23 (k) Notices. Notices shall be provided in the manner authorized by section 24 162.12, Florida Statutes, as amended, entitled "Notices." 25 26 (1) Schedule of fines. Fines shall be imposed for violations of applicable 27 laws as provided below. A fine shall not exceed $250 per day for a first 28 violation and shall not exceed $500 per day for a repeat' violation, and, 29 in addition, may include all costs of oversight of repairs, costs of 30 repairs, and costs, including reasonable attorneys fees, ' incurred at all 31 stages of proceedings defending appeals before the eede -ems eeme 32 beard special master and in prosecuting orders entered by the boar- 33 special master. In the event the beard special master finds that a 34 " violation presents a serious threat to the public health, safety or welfare, 35 or the violation is irreparable or irreversible in nature, it may impose a 36 fine not to exceed $5,000 for each violation. Additions shown by underlinin and deletions shown by ig. Page 8 of 11 43 44 45 (m) In determining the deviation, if any, from the scheduled fine, the 46 he special master shall consider the following factors: Additions shown by underlining and deletions shown by over -slag Page 9 of t l 1 (1) The gravity of the violation. 2 (2) Actions taken by the violator to correct the violation. 3 (3) Previous violations committed by the violator. 4 (4) The benefit received by the violator from the violation. 5 (5) The violator's ability to pay. 6- (6) The deterrent effect to be achieved by the fine. 7 8 9 10 I I Section 3. All prior orders of the eede enfo -eem°„* boa special master, and 12 all pending enforcement actions and lien foreclosure actions are ratified and are" not 13 affected by this ordinance. This ordinance shall not apply to any notices of violation that 14 were issued prior to the effective date of this ordinance, except that actions to enforce 15 orders of the bed former City of South Miami Code Enforcement Board, or to foreclose 16 liens, resulting from the prior notices of violation, that are commenced after the effective 17 date of this ordinance shall comply with the procedures stated herein. 18 19 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any 20 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 21 shall not affect the validity of the remaining portions of this ordinance. 22' 23 Section 5. All ordinances or parts of ordinances in conflict with the provisions 24 of this ordinance are repealed. All aneR , addressing Festrietions on t w.er-s- Of 25 the eede enforeement board to fiffes and se-We legal aetions are repealed. 26 27 Section 6. This ordinance shall take effect 30 days after approval and be 28 published in the City's Code of Ordinances. 29 30 31 PASSED AND ADOPTED this day of , 2003: 32 33 ATTEST: APPROVED; 34 35 36. CITY CLERK MAYOR 37 38 1 St Reading — March 4, 2003 39 21d Reading 40 41 COMMISSION VOTE: 42` READ AND APPROVED AS TO FORM: Mayor Feliu: 43 Vice Mayor Russell: Additions shown by underlining and deletions shown byez iking. Page 10 of 11 1 Commissioner Wiscombe: 2 CITY ATTORNEY Commissioner Bethel: 3 Commissioner McCrea: 4 5 6 Additions shown by underlining and deletions shown by ever-striking. Page 1`1 of 11 3 Fi7 Y- �:. T°`a:^:= .Y!ro'3'a sour CITY OF SOUTH MIAMI South Miami A94MW=Cb ti Excellence, Integrity, Inclusion' • INCORPORATED` -1927 . P:: - C p Rip 2001 TO: Honorable Mayor, Vice Mayor DATE: February 4, 2003 & City Commission ' FROM: Sanford A. Youlca_ lis ITEM No. —kb Acting City Manager - RE: Report and Recommendation on the Creation of a Special master system. Background In recent weeks it has been brought to the attention of administration that the Code Enforcement Board has waived or reduced significantly numerous fines which have a financial impact on our past and present budgetary responsibilities. To properly evaluate the events or circumstances and results of the cases that the Code Enforcement Board heard. The Code Enforcement Division conducted a 64 month review of all the past cases and a survey on a Special Masters versus a CE Board Board (See attached summary by fiscal year). I Breakdown of fines reduced or waived by the Board per fiscal year (see attachment). A) 97/98= $ 7,380. D) 00/01= $ 8,939. B) 98/99 $77,288. E) 01/02 = $ 98,435. Total $340236. C) 99/00 $1 5,040. F) 02/03= $133,154. (Partial) II. Special Master Survey (as of 1/14/03). A) The following municipalities have Special Master instead of a Code Enforcement Board. Municipality Board Master Aventura Yes Bal Harbour Yes Bal Harbour Island Yes Biscayne Park Yes Homestead Next Month Miami Beach Yes North Bay Village Yes_ North Miami * yes Yes` (both) Sunny Isles Beach Yes Surfside Yes *North Miami has both systems in place and they have no criteria for this system, each case could be assigned to either depending on the workload (survey was conducted on 1/14/03). Page Two B) Questions on advantages and disadvantages of having a Special Master. 1) Who is the special Master? a) An individual hired by the city with some type of accreditation or credentials; like an attorney, retired or ex judge, architect, building inspector or building official. 2) Why a Special Master? a) No quorum problem. b) Additional convictions` and revenue. c) More consistency 3) What are the benefits to the city. a) The Code Enforcement manager has fewer problems with the scheduling of all the members. b) Meetings are faster, because only one person has to agree; therefore faster conclusion. c) Where are the hearings conducted? City Hall 4) How touch is the average salary of the Special Master? a) The City Manager hires and can negotiate the hourly rate. b) Some cities pay an hourly rate between $25.00 to $50.00 per hour (for attendance at hearings), which shall not exceed a total of eight (8) hours per month, unless provided by the City' Manager (City of North Miami). Others pay a flat fee of $100.00 an hour, with a monthly cap of five (5) hours a month' (City of Miami Beach). 5) Does the city still need an attorney in the hearing? a) Yes, presence is mandatory. 6) What is the role of the city attorney at the hearing? a) They assume the role of a prosecutor, which is to present the case for the city. Recommendation It is recommended that the City consider eliminating the -Code Enforcement Board and the creation of a Special master system. City Code Chapter 2 (Sec. 2 -24) would have to be amended by ordinance. Aaachments. Code Enforcement Fines/Liens Waived History/Copy of a letter from a Board menber SAY /OMC �a7103 Y 2 INTEROFFICE MEMORANDUM TO: Sanford Youklis, City Manager DATE: January 27, 2003 Orlando Martinez, Asst. City Manager FR: Eva Rosa, CE Off. Manager RE: FY'S 97 -98, 98 -99, 99 -00, 00 -01, 01 -02, 02 -03 CE Liens and fines Waived FY 97 -98 CEB Meetings Total cases of fines waived reduced Total $ amount of fines waived reduced Total $ amount collected 10/16/97 2 $ 200 $ 0 11/20/97 1 75 0 01/15/98 2 200 680 03/19/98 4 5655 250 05/21 /98 2 500 0 06/18/98 0 0 0' 07/16/98 1 175 0 08/20/98 0 0 0 09/17/98 5 575 0 TOTALS-F- 17 $ 7,380 930 FY 98 -99 CEB Meetings Total cases of fines waived reduced Total $ amount of fines waived reduced Total $ amount collected 11/19/98 1 $ 175 $ 0 1/21/99 0 0 0 3/18/99 4 17,448 43361 6/17/99 l 16,152 1,500 8/19/99 0 0 0 9/16/99 3 43,513 1;500 TOTALS 9 $ 775288 79361 CEB Meetings Total cases of fines waived reduced Total $ amount of fines waived reduced Total $ amount. collected 1/20/00 2 $ 10,280 $ 2,306 4/20/00:: 1 500 100 5118100 1 175 100 6/15/00 l 2,000 0 7/20/00 3 685 250 9/21/00 4 1,400 50 TOTALS 12 $ 159040 $ 29806 FY 00 -01' CEB Meetings Total cases of fines waived reduced Total $ amount of fines waived reduced Total $ amount collected 2/15/01 2 $ 5,039 $ 0 9/20/01 9 1 35900 625 TOTALS 11 IS 89939 625 FY 01 -02 CEB Meetings Total cases of fines waived reduced Total $ amount of fines waived reduced ; Total $ amount collected 11/15/01 2` $ 325 $ 0 1/17/02 7 2,425 750;. 2/21/02 1 400 0 4/18/02 8 905450 1,275 8/15/02 6 2,885 375 9/19/02 3 1,950 300 TOTALS 27 $ 989435 $ 29700; FY 02 -03 CEB Meetings Total cases of fines waived reduced Total $` amount of fines waived reduced' Total $ amount collected 11/1/02 1 $ 131,854 $ 3,000 1/16/03 7 1,300 300 TOTALS 8 $ 1339 154 $ 3,300 2 ��-�� .��-�� r °:�-, ., ... � . x. , -,,, ,R� .nm:�• -� � ,�, rT�. � �,,�. -,-� ,,..ten, -, �� _ �-a�.� � F �� .,�.� ,-�,�_:� �� ;� L Breakdown of fines reduced or waived by the Board (per fiscal -year). Total $ amount Fines waived reduced Total S amount From To A) 97/98 = $ 7,380 $ 930 B) 98/99 = 77,288 7,361 C) 99/00 = 15,040 2,806 D) 00/01 = 8,939 625 E) 01/02 = 98,435 2,700 F) 02/03 = 133,154 3,300 TOTALS $ 340,236 $ 179722 1L LIENS RECORDED LIENS RELEASED FY 98 -99 0 1 FY 99 -00 34 3 FY 00 -01 34 2 FY 01 -02 74 17 FY 02 -03 (2- MONTHS) 30 8 TOTALS 172 31 3 +' ... 'Wc. � t`A '&3'a .tT'„re. 1' n' xn: Kenneth Feldman [kenesq @bellsouth.net] nt: Monday, January 27, 2003 9:11 PM city manager mary scott; martinez south miami; dan mccrea; comm .dbethei @cityofsouthmiami.net; Ebject: from code enforcement member ken feldman. one letter attached. To: City Commissioners, City Manager, City Attorney et al. 1/27/03 Re: Replacement of Code Enforcement Board I have had the privilege of serving as a member of the code enforcement board for the past several years and I would like to take a moment and give you my reasons why I would support the hiring of a special master to assume the responsibilities of the code enforcement board. For many years, I served as a special master for several municipalities similar to the city of south Miami and I strongly believe that having a retired judge serve as special master for our community would be a welcome and positive change. To begin, the use of having a single individual serve as the hearing officer would alleviate the necessity and often urgent problems associated with having to obtain a last minute quorum of the code enforcement board. I feel strongly that a retired judge serving as special master would be able to Judiciously J g g a s Ju _p _. y and impartially be able to assume these responsibilities in more effective and efficient manner. There is something to be said for not having citizens of the community serve as a board imposing fines and costs on fellow neighbors. I have no doubt that the amount of the monies collected would also increase by the use of a special master who would not be as inclined to be lenient with the `neighbors'. For anyone who has watched the code enforcement hearings, there is no question that the board members often engage in an u: nnecessary and lengthy `debate' with those seeking relief from the board. Replacing the board with a more judicious official would not only obviate these'debates but create greater uniformity and consistency in the rulings. I would be happy to speak to anyone further about these thoughts and would welcome the opportunity to recommend several retired judges for this position. Respectfully, Kenneth N. Feldman 6495 SW 72nd St. Miami, Fl. 33143 �.. r MIAMI DAILY BUSINESS REVIEW► Published Daily except Saturday, Sunday and . ` Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA - COUNTY OF MIAMI -DADE: 77 ` Before the undersigned authority personally appeared CITY OF SOUTH MIAMI BOOKIE WILLIAMS, who on oath says that he or she is the NOTICE OF. PUBL,F C 1'I IF VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miarni Re+riew, a dally (except Saturday Sunday.,, } NOTICE- IS HEREBY giver' that the City Commission of the'City` of and Legal Holidays) newspaper, publist45d at Miar. ii in f iit'�tn ky &de Souttih nAiaml;"Flvnda u+r,N co%iduct.a P- wbiic_Hearing during its ,6guiar:,QIW i County, Florida; that the attached copy of advertisement, Commissionmeeting Tuesday, Marci-1 8, 2Q03begmrnng at 7 30 p.m in i being a Legal Advertisement of Notice in the matter of the City Commission Chambers 6130, Sunset DW0 ta,,consider` 2nd 1, Reading of the follouvng described ordinance {s) CITY OF SOUTH MIAMI - PUBLIC HEARING - 3/18/03 AN ORDINANCE OF THE MAY AND CITY COMMISSION ORD. RELATING TO NOISE, ETC. OF THE LiTY OF SOI1Ti MIAMI;; FLORIDA, REh#TINGO, I„ NOISE AMENDING _ARTICLE III; SECTION 15 -91, OF THE i in the XXXX Court, E CODE OF ,6,'A AND CWANGINGTHE HOURS OF i ( CONSTRUCTION NOISE; PFiOVIbING FOR, SEVERABILITY- i was published in said newspaper in the issues of pROV,I'DING F' kpwOR&N ,kris 1N 3,, 614FLICT, q, AN4 PROVIDING AM EFFECTIVE DATE (161 Reading- February 03/07/2003 18, 2003) AN ORDINANCE�OF THE MAY003 ND CITY COMMISSION Affiant further says that the said Miami.bally- Business OF THE CITY OF SOUTH IAMF FLORIDA RELATING TO' !' Review is a newspaper published a' Miami: in said.Miami -Dade IM ITS ENTIRETY CODE`'> ENFOR M RE EA .w" y newspaper SECTION 2 2 , OF THEZODS OF �RDI�N,ANCES EN ITC.ED t County, and that the said revs a er has CODE ENFORCEMENT BOA)2D CREATING ;'A NEV heretofore been continuously published in said Miami Dade County, r SECTION 2 NTITL:E "SPECIAL NIQSTER ; INCLUDITIG ; Florida, each day (except Saturday, Sunday and Legal Holidays) J, POI�VERS OF AiD COINPENSATiON OF " and has been entered as second class mail matter at the post „ ", office in Miami in said Miami-Dade County, Florida, for a 1 ! SPECIAL`MASEISREVISII�G SECTION 22 ENTITLED period of one year next preceding the first publication of the 'CODE ENFORCEMENT�PROCEDURES NT ; PROV�D1NG FOR PY Y SPECIALS ASTER,E PROVID NG FOR v5 LYERABIL`ITY, .: attache o of'advertisement; and affiant further says that he or she as n ither paid nor promised any person, firm or corporation ORDIiIANCES IN ZONFLICT, ANDS ATI EFFECTIVE pAT , an disco nt, rebate, commission or refund for the purpose (1st Reading March 4, 2003) of ecuri g this advertisement for publication in the said ne sp er. = aid ordinance can lie,inspeotedih therCdo Clerk's Office Monday -- Nnday d6drig-reg laroffice °'hours. Inqume ce s.3conming this item shouldbe directed to the City Manage'r's Office at 3054 63 14 Sw n to rid sc• cribed be- 'e me this ALL interested .parties are:invited to attend andwiil be heard 0 as fJIARCH A.D. 2003 y - t RonettaTa�ior CHIC _ ; City City of South Miami �x S th er h reb. adv se , .the -� e. i (SEAL) -- - s Pursuant to FlondaStatutes 286 010 iy Y MARIA L MESA ublic that i a person decides to appeal any decision de by this Board , Agency or, Comrn<ssion withrespect,to a n ma.,tter carisitlered' at its,7 SOOKIE WILLIAMS �o If,ffn�YvGQb hiilON # GC 855640 meeting or hearing 'he or shewili need a record of, the proceedings and o EXPJRES: March 4, 2004 thattorsuch purpose alfecied person,may needto ensurethat a verbatim Bonded Thud NOWY public Underwdters record of: the proceedings 7s made which record includes the testimony and evldeoer4 ripen which the appeal is tote based � 0.3-3'- 1Q9%344730M r — `K:. ,M ,a, Cmith 2i CITY OF SOUTH MIAMI iirii Excellence, Integrity, Inclusion 2t�U4 TO Honorable Mayor, Vice Mayor DATE: March 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager Establishing Guidelines for effective Communication. RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER, CITY ATTORNEY AND CITY CLERK;: ESTABLISHING GUIDELINES FOR EFFECTIVE COMMUNICATION WITH ELECTED OFFICIALS; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached resolution, sponsored by Commissioner McCrea establishes guidelines for effective communication by the City Manager, City Attorney, and City Clerk with the City's elected officials. The Mayor and City Commission recognize that effective communication is essential to good government. The guidelines would provide for: 1) a mechanism by which members of the commission could state clear direction or inquiry in writing whenever practicable to the staff person (e.g. City Manager, City Attorney or City Clerk); 2) a time frame for staff response if that time frame differs from the general guidelines; 3) acknowledgment at once by the staff member(s) to whom it is directed; in writing whenever practicable; 4) procedure to be followed if there are problems with fulfillment of direction, inquiry, or time frame for a request; provides for guidelines to be followed for responsiveness applicable to all commission direction or inquiry unless stated otherwise; 5) facilitates guidelines for substandard job; performance. RECOMMENDATION Attachments: ,a ; , ;" '.x �x .- — ?—�; �a°" ,, rte.? ". ,. „ ran ;�.. ., ,,s�`�.;,;�.§',�:. : E.,. :, �. .,i x'• .; ,', fr.W I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5' CITY MANAGER, CITY ATTORNEY AND CITY CLERK; 6 ESTABLISHING GUIDELINES FOR EFFECTIVE 7 - COMMUNICATION WITH ELECTED OFFICIALS; 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami 11 recognize that effective communication is essential to good government; and, 12 13 WHEREAS, the Mayor and City Commission desire to establish guidelines to 14 ensure effective communication from the City Manager, City Attorney and City Clerk to 15 the City Commission; and 16 17 WHEREAS, the City Manager, City Attorney and City Clerk are urged to adopt 18 similar standards city -wide to ensure consistency and accountability; 19' 20 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 22 23 Section 1. That there is hereby established guidelines for effective communication 24 between the City Manager, City Attorney and City Clerk with the elected officials as 25 follows: 26 27 1. "Staff," for the purposes of this resolution, shall' mean the City Manager, City 28 Attorney and City Clerk. 29 2. Members of the commission shall state clear direction or inquiry in writing 30 whenever practicable. Members of the commission shall be mindful that policy direction 31 comes only from the body as a whole and spare staff the discomfort of having to 32 confront direction that is out of order, so much as is practicable. 33 3. In any direction or inquiry, members of the commission shall include , a time 34 frame for staff response if that time frame differs from the general guidelines stated 35 herein. 36 4. Com direction or inquiry shall be acknowledged at once by the staff 37 member(s) to whom it is directed, in writing whenever practicable, 38 5. Any problem with fulfillment of direction, inquiry, or time frame shall be reported 39 by staff, in writing, to the originating member(s) of the commission as soon as the 40 problem is ' identified by staff. The report > shall,' for the purposes of this resolution, be 41 referred to as a Request for Clarification (RFC). The RFC shall, to the greatest extent 42 possible, provide rationale and alternate solution, best attempting to fulfill the task. Additions shown by underlining and deletions shown by everstAg. ._.h71'—c`.�;- :. . 1 6. Members of the commission shall make timely reply to RFC's; acknowledging the 2 intent of this resolution fails without their active cooperation. 3 7. The following shall be the general guidelines for responsiveness applicable to all 4 commission direction or inquiry unless stated otherwise as per NO. 3. above: a) Time is 5 of the essence. All parties shall be mindful that attention to prompt follow -up is essential 6 to good government. b) Emergency direction or inquiry' shall be answered immediately. 7 c. Simple direction or inquiry shall be answered no more than two business days after 8 being received. d) Complex direction or inquiry shall be answered no more than seven 9 business days after being received. (See No 5. above) 10 8. Staff 's failure to follow these guidelines shall constitute sub- standard job 11 performance. 12 9. The City Clerk shall provide a copy of these guidelines to all new staff and 13 commission members. The City Manager shall provide a copy of these guidelines to a 14 new City Clerk. 15 16 Section 2. This resolution shall take effect immediately upon approval. 17 18 19 PASSED AND ADOPTED this day of , 2003. 20 21 22 ATTEST: APPROVED: 23` 24 25 CITY CLERK MAYOR 26 27 Commission Vote: 28 READ AND APPROVED AS TO FORM: Mayor Feliu: 29 Vice Mayor Russell: 30 Commissioner Wiscombe 31 CITY ATTORNEY Commissioner Bethel: 32 Commissioner McCrea: 33 Page 2 of 2 tto CITY OF SOUTH MIAMI Sou�th�Mi�ami All Cit�Y Excellence, Integrity, Inclusion 2001 TO Honorable Mayor, Vice Mayor DATE: March 18, 2003 & City Commission FROM: Sanford A. Youkilis RE: ITEM NO. Acting City Manager Resolution on Proposed Retirement Changes BACKGROUND The City Commission at its last meeting directed the staff to investigate other methods of reducing expenditures, in order to possibly restore the rank of police officers affected by the recent reorganization. A suggestion was made that changes to the pension ordinance could include certain incentives encouraging early retirement. This could reduce personnel costs and the resulting budget savings which assist in the restoration of the rank of police officers affected by reorganization. PROPOSED AMENDMENTS The following! amendments to the City Code chapter on pensions are currently being studied by the City's actuary and are being discussed with the Police Benevolent Association These amendments would provide incentives to encourage early retirement which in turn would reduce personnel costs (retirement positions to be held vacant or filled at a lower pay grade) 1) Replace the current retirement threshold with the "rule of 70 ". This allows for a retirement with an immediate pension when an employee's age and years of service equals 70. (minimum 10 year vesting still required) 2) Allow all employees to add to their credited years of service by buying years of service worked in another government agency. This would be in addition to the currently allowed purchase of service years in the military or non - pension contribution years worked for the City of South Miami. The total years of buyback service for all 3 provisions would be limited to 5 years. 3) Open a window of opportunity (30 days) for those employees meeting the rule of 70 to retire immediately with one of the following incentives a) City payment of full individual health insurance for 3 years after retirement. b) For employees eligible to buy back service years: Lthe employee could buy back the service years; 2. the City could pay, the buy back 'amount `in full up to a maximum of two years 3. a combination of employee and City contribution can be used to buy back the service years RECOMMENDATION It is recommended that the attached resolution be adopted. Attachment: Draft Resolution SAY 1 2 3 RESOLUTION NO. 4 5 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 7 OF SOUTH MIAMI, FLORIDA DIRECTING THE CITY MANAGER TO STUDY 8 AND PREPARE APPROPRIATE AMENDMENTS TO CITY CODE ' CHAPTER 9 16 "PENSIONS" IN ORDER TO PROVIDE RETIREMENT INCENTIVES AND 10 TO USE ANTICIPATED SAVINGS TO RESTORE THE RANK OF POLICE 11 OFFICERS AFFECTED BY BUDGETARY REORGANIZATION: PROVIDING 12 AN EFFECTIVE DATE 13 14 15 16 WHEREAS, the City Commission at its February 8, 2003 meeting adopted Resolution No. 26- 17 03 -11575 which adjusted the FY 2002 -2003 Budget, including reductions in _expenditures and a 18 reorganization of the Police Department command structure; and 19 20 WHEREAS, the Police Department reorganization did result in a ,change of rank for several 21 police officers; and 22 23 WHEREAS, it is the desire of the City Commission to investigate other methods of reducing 24 expenditures, in order to possibly restore the rank of police officers affected by the reorganization; and 25 26 WHEREAS, changes to the pension ordinance could include certain incentives encouraging 27 early retirement thereby resulting in reduced personnel costs and budget savings which could result in 28 the restoration of the rank of police officers affected by the reorganization. 29 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 33 OF THE CITY OF SOUTH MIAMI, FLORRDA, AS FOLLOWS: 34 35 36 Section 1. That the City Manager is hereby directed to study and prepare appropriate 37 amendments to City Code Chapter 16 "Pensions" in order to provide retirement incentives and to 38 use anticipated savings to restore the rank of police officers affected by budgetary reorganization. 39 40 41 Section 2. That consideration be given to adjusting the retirement threshold, purchase - buyback of 42 service years worked in another government unit, and special incentives to encourage early 43 retirement. 44 45 46 Section 3. That the cost and feasibility o f the proposed changes e s and incentives be obtained from 47 the City s actuary, and the City's pension' attorney. 48 49 50 Section 4. That the pension changes and retirement incentives be discussed with the Police 51 Benevolent Association 52 1 2 (2) 3 4 5 6 Section 5. This resolution shall be effective immediately after the adoption hereof. 7 8 PASSED AND ADOPTED this , day of , 2003. 9 10 ATTEST: APPROVED: 11 12 13 CITY CLERK MAYOR 14 15 READ AND APPROVED AS TO FORM: Commission Vote: 16 Mayor Feliu 17 Vice Mayor Russell 18 Commission Bethel 19 CITY ATTORNEY Commission McCrea 20 Commissioner Wiscombe Sour CITY OF SOUTH MIAMI South Miami boa Excellence, Integrity, Inclusion • INCORPORATED 1427 o it xv A z4oj TO: Honorable Mayor, Vice Mayor DATE: March 11, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No.-,V Acting City Manager RE: Authorization to hire for Multi Purpose Recreation Center RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO HIRE ONE NEW POSITION FOR THE PURPOSE OF STAFFING THE MULTI- PURPOSE CENTER; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City Commission had directed the City Manager to freeze all positions that were considered non- critical life saving personnel Any request to hire for new positions had to be ; approved by the Commission. The City Commission at its February 18, 2003' meeting authorized four positions to be hired to begin the staffing of the Multipurpose Center. As of June 9, 2003, the City of South Miami will have eight full time positions in the Parks & Recreation department to staff the Multipurpose Center six days a week at an average of fifteen hours per day. The Department also has one full time staff conducting activities and supervising Palmer Park Monday through Saturday. An additional Ul time individual at Murray Park' Multipurpose center will complete the initial staffing of the Center and will allow the Department to have the necessary hours of operations in the gymnasium, wellness center, and other areas of the building that will enhance our revenue opportunities. Attached is a staffing chart for the multi - purpose center. Sufficient funds ($30,000) to pay the one additional full time Recreation Leader position is available in the Department's salary account during current - fiscal year. RECOMMENDATION Approval is recommended. Attachments: Draft Resolution Staffing Chart SAY /AMG w7 , ,+M, RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO HIRE ONE NEW POSITION FOR THE PURPOSE OF STAFFING THE MULTI- PURPOSE CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission had directed the City Manager to place a hiring freeze on all non - critical life saving positions due to current revenue conditions (Resolution no. 103. -01 11251); and WHEREAS, any requests to hire new employees must be authorized by the City Commission; and WHEREAS, the City is projecting that the opening of the Multi - Purpose Center will be in June 2003 ; and WHEREAS, current staffing levels must be increased to provide minimal staff to operate this new facility; and WHEREAS, it is critical that this new facility be professionally managed and adequately staffed; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the City Manager is hereby authorized to fill the following position for the purpose of staffing the Multi- Purpose Center: a. One Recreation Leader (effective 6 /9/03). � v This Resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS DAY OF 2003. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: Commission Vote; Mayor Horace G. Feliu Vice Mayor May Scott Russell CITY ATTORNEY Commissioner David D. Bethel Commissioner Dan McCrea Commissioner Randy G. Wiscombe RESOLUTION NO. 103 -01 -11251 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF NON - CRITICAL LIFE SAVING NEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE.; WHEREAS, the City Manager recently' informed the City Commission of the potential shortfall in our revenue due to reduction in property assessment for the Shops At Sunset Place; and WHEREAS,' the City is using $600,000.00 from its cash reserve to balance the current fiscal year's budget; and WHEREAS, the City Commission wants to be proactive in terms of budget deficits by minimizing the actual amount of cash reserve used by the City in the current and next fiscal years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby directed to freeze hiring of non- critical life saving Revi-employees in the current and next fiscal years, or until the City revenue °conditions, improve significantly. Section 2. The City Manager is hereby directed not to hire any new-non-critical life saving employees without the proper authorization of the City Commission. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24th ` day of Jam, 2001. ATTEST: APPROVED: CI Y CLERK YOK Commission Voter 5 -0 READ AND APPROVED AS TO FORM Mayor'Robaina: Yea Vice Mayor. Feliu:. Yea —C� Commissioner Wiscombe: Yea CITY ATTORNEY. Commissioner Bethel: Yea (as amended 7/24/01) Commissioner Russell`. Yea I Additions shown by underlining and deletions shown byeverstfig. a� h ,i Multi- purpose Center The Multi - purpose Center has 5 major areas on the first floor. Control Desk/ Reception Activity Room Arts & Crafts Room Multipurpose Room Gymnasium On the second floor of the Multipurpose Center there are 3 major areas. Computer / Education Room Wellness Center Recreation Room These '8 areas must be staffed in order to hold classes or activities. There will be no access to any areas without staff supervision. Multipurpose Center Proposed hours of operations Summer 2003 Grand opening Tuesday June 10, 2003 6:30 P.M Summer Camp June 16 - Aug 1, 2003 7:30 A.M — 6:00 P.M Mon — Fri *Community use 6:00 P.M — 10:00 P.M Mon - Fri Wellness Center opens 6:30 AM Mon- Fri *Saturday hours 10:00 A.M - 7:00 P.M Mon - Fri Summer hours until school year begins Aug 2 - 23, "2003 Wellness Center 6:30 °A.M -10:00 P.M Facility hours 10:00 A.M -10:00 P.M Multipurpose Center Proposed Hours of Operations School Year Mon - Fri 2 :00 P:M —10 :00 P.M Wellness Center 6:30 A.M — 10:00 P.M Possible morning schedule for scheduled classes or facility rental to outside entities Saturday 10:00 A.M — 7:00 P.M Information from the Miami Beach Youth Center, Coral Gables Youth Center, and the NFL Youth Center was gathered to assist the South Miami Parks & Recreation regarding hours of operations and staffing. We look forward to your input. South Miami ' City Q f South Miami F l o r i d a 0 , 1- -7 � ", Parks & Recreation Department ! M 6130 Sunset DriveNe�nt South Miami, Florida 33143 �eoR;20 RATEi m (305) 663 -6319 _ 2001 Multipurpose Center Phase II Lobby — control desk Must have person during hours of operations check in / security/ reception, etc. 1St Floor Activity Room Board Games / TV Room movies, Ping Pong, etc. possibly area for younger kids Arts & Crafts Room Art, etc. Classes for youth and adults / ceramics, etc. Multipurpose Room Stage can be used for Drama / Community Meetings, can be rented for Baby Showers - small gatherings, etc. Gymnasium Regulation High School capacity for 500 people. 2 full courts, 4 half courts, volleyball, indoor soccer, gym can be rented out for revenue ( tournaments, leagues, exhibition gamesdances, etc.) gym has storage area and small office space.` Restrooms Changing rooms for Men / Women 2nd Floor Computer / Education Room Recreation, Office One large room with office space for designated park staff & PAL '.•^,.,'€;'; . *7't -.,.* ,°u- �'��ar., .,.'9-:.z r.e�; ;.' °ffc„`` ; r,r°'3^' ,r`:.'°'s�.v'.""§'?3 *-eva, .,, - Wellness Center Fitness Center with storage and fitness office Recreation Room Can be used for recreation activities, television room, recreation room downstairs can be used for younger kids and recreation room upstairs for older kids etc. s o Ur South Miami �• _ All- AmericaCihi F U ° INCORPORATED ° 1927 O R -V'Q F+ 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: March '18, 2003 City Commission' ITEM No. From: Sanford A. Youkilis RE: Resolution on Snapper Creek Acting City Manager Annexation Mitigation Payment A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE SNAPPERCREEK ANNEXATION APPLICATION; REQUESTING' THE MIAMI -DADE BOARD OF COUNTY COMMISSIONERS NOT IMPLEMENT THE PROPOSED RESIDENTIAL MITIGATION FEE SO THAT MAXIMUM FUNDS CAN BE INVESTED IN SERVICE IMPROVEMENTS AND CAPITAL PROJECTS IN THE ANNEXATION' AREA; PROVIDING AN EFFECTIVE DATE. BACKGROUND During the past two weeks the Snapper Creek Annexation application was unanimously approved by ; the County's Boundaries Commission, the Planning Advisory Board, the Annexation/Incorporation Subcommittee, and the Budget and Finance Committee. At least two of these meetings were noticed public hearings. The annexation will be presented to the full Board of County Commissioners at their April 8, 2003 meeting, at which time the Board will instruct the County Attorney to prepare an annexation ( "boundaries change ") ordinance. This ordinance will specify any conditions placed on the annexation and will direct the elections department to schedule a vote of the residentse in the annexation area. This ordinance will be read twice (two meetings), `- however, no formal public hearings will be held. MITIGATION To date, no residential annexations have been subject to retention of revenue ( "mitigation fee ") which is the difference between what the County `s current revenue for the area and the expenditures. The County Manager's reports dated February 26, 2003 and March 6, 2003, both suggest that the mitigation is so small that the annexation could be considered "revenue neutral ". However, the report suggests that the County should now consider assessing a stormwater bond debt service payment ($6,700) and a mitigation fee for annexation areas as is done for new incorporations. Within the body of the two reports the Manager proposes that the County could assess the following: 1) A 100 % mitigation fee of $105,000 annual with an annual inflation adjustment; or r,,-,"'; ^. ,+r;,M ',`- ,sr3¢ z+ge . "Ri, (2) 2) A combined residential and CBI (business area) mitigation fee of 1.145 mills or $110, 000 annually, which would increase as property value goes up; or 3) A mitigation fee only for the CBI area, which would be $ 52,200 annually. In that this is the first time that the County has suggested a mitigation fee for a residential annexation, several Commissioners at the final public hearing before the Budget and Finance Committee, were unsure how to determine the appropriate mitigation fee. It was stated that this item should be deferred until a study by a new committee established by the County could be completed. At that time, the City Manager advised that the City would accept a mitigation fee, and the Committee then approved the proposed ;annexation and sent on to the full Board. RECOMMENDATION The City' Commission should express a position on the proposed fees to be charged to the City for the annexation area. It is important to recognize that the County's position on mitigation payments is very strong and that some level of mitigation will probably be assessed. The City can make a very defensible case for a reduced level of mitigation based' upon the following: • The County Code does not allow the transfer of franchise and utility taxes to the annexing municipal government; this represents several hundred thousand dollars in lost revenue; • The assessment of fees and retention of revenue was not a policy of the County when the community initiated and submitted the annexation application (June, 2002); • The removal of revenue to the extent suggested will seriously reduce the City's ability to provide the same level of service commensurate with existing` neighborhoods in the City; • The area is need of major "capital improvements (street paving, landscaping etc.), however, the removal of 20 %' of the area revenue for mitigation and other fee payments severely restricts the City from accomplishing these projects. The attached resolution sets forth the above issues and requests that the Board of County' Commissioners' not implement the recommended residential mitigation fee. The County Manager's staff has already indicated that they would like to meet with City officials to discuss a compromise fee assessment. It is recommended that the attached resolution be adopted. Attachments: Draft Resolution County Manager's Report 2126103 County Manager's Report 316103 SAY i 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY;: COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO 6 THE SNAPPERCREEK ANNEXATION APPLICATION; 7 REQUESTING THE MIAMI -DADE BOARD OF COUNTY 8 COMMISSIONERS NOT IMPLEMENT THE PROPOSED 9 RESIDENTIAL MITIGATION FEE SO ; THAT MAXIMUM 10 FUNDS CAN BE INVESTED ; IN SERVICE IMPROVEMENTS 11 AND CAPITAL PROJECTS IN THE ANNEXATION AREA; 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the residents of the Snapper Creek Annexation Area have properly petitioned the 15 City of South Miami to be annexed into the City of South Miami; and 16 17 WHEREAS, . the City and the County have determined the annexation to be consistent with 18 pollicies `related to logical boundaries and good governance; and 19 20 WHEREAS, the . proposed annexation has been unanimously approved by - the County's 21 Boundaries Commission, the Planning Advisory Board,: the Annexation/ Incorporation' Subcommittee, 22 and the Budget and Finance Committee; and 23 24 WHEREAS, the Planning Advisory Board and the County Manager have recommended that for 25 the first time that a residential annexation area the Snapper Creek Annexation Area, be assessed a 26 mitigation fee; and 27 28 WHEREAS, the level of residential mitigation to be assessed would be a hardship on the City 29 which would limit the City's ability to invest` in service improvements and capital projects in the 30 annexation area. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE 'MAYOR AND CITY COMMISSION 33 OF THE CITY OF SOUTH MIAMI, FLOIRDA, AS FOLLOWS: 34 35 36 Section 1. It is the position of the City of South Miami City Commission that the assessment of a 37 residential mitigation fee for the Snapper Creek Annexation Area should not be implemented for 38 the following reasons: 39 40 (a) The County Code does not allow the transfer of franchise, utility, and cigarette taxes to the 41 annexing municipal government which represents several hundred thousand 'dollars in lost 42 revenue; 43 44 (b) The assessment of fees and retention of revenue was not a policy of the County when the 45 Snapper Creek community initiated and submitted the annexation application (June, 2002); 46 47 (c ) The removal of revenue to the extent suggested as a residential mitigation fee will seriously 48 reduce` the City's ability to provide the same level of service commensurate with existing 49 neighborhoods in the City; 50 51 52 1 2 3 4 (d) The annexation area is need of major capital improvements (street paving, landscaping etc.), 5 however the removal of 20% of the area revenue for mitigation and other fee payments severely 6 restricts the City from accomplishing these projects. 7 8 9 Section 2. This resolution: shall be transmitted to the County Manager and to the Board of 10 County Commissioners . 11 12 13 Section 3. This resolution shall be effective immediately after the adoption hereof. 14 15 16 17 PASSED AND ADOPTED this , day of , 2003. 18 19 ATTEST: APPROVED: 20 21 22 CITY CLERK MAYOR 23 24 READ AND APPROVED AS TO FORM: Commission Vote: 25 Mayor Feliu 26 Vice Mayor Russell 27 Commission Bethel 28 CITY ATTORNEY Commission McCrea 29 Commissioner Wiscombe 1- .°�?^F.�x" .?i,..'x "�7..,,?s:°;".- ::"�" ;�v+._ °. 'r a�'"'�- 'R".s, „""�,.Fe —: <; ,� ✓," -?Fs ITEM ii AM WMEMORANDUM To Honorable Chairperson and Members Date: February 26, 2003 Boundaries Commission From: David. Subject: City of South Miami Offic dan gement and Budget annexation BACKGROUND A group of resident voters in an area known as Snapper Creek submitted a formal annexation request and petitions to the City of South Miami requesting that the City annex their area (see attached map). On May 21, 2002, the City of South Miami, pursuant to a required public hearing approved Resolution No. 68 -02 -11417 that requests Miami -Dade County to effect the annexation of the subject area into the jurisdiction of South Miami. The City of South Miami's annexation request is for an area generally' bounded on the north by SW 80t Street, on the south by Snapper Creek Canal and the Village of Pinecrest, on the west by South' Dixie Highway and on the east by SW 62nd Avenue (see map attached). The Village of Pinecrest, which abuts the annexation area, approved Resolution No. 2002 -57 supporting the City of South Miami's proposed annexation. ANALYSIS Objectives The application states that the subject annexation is bordered on the east and north by the City of South Miami, on the south by the Village of Pinecrest, and on the west by unincorporated Miami -Dade County. Furthermore, the application states that the residents desire to receive improved services and government representation. The City of South Miami believes they can better serve the proposed annexation. area. I ::^ n- -i^r-x --._ — ..�.;. ..rf_.. -_.. .,., .-^: -„ ...;n:.., - .ems- -, z.., , ;,r.5'Y.♦h -4r, ;'*'°- „°cr"z.'."; `,., �., t,., k,e,*0....;a. '!";.";., r.i...:. Chairperson and Members Boundaries Commission February 26, 2003 Page 2 - South Miami Annexation Land Use The current land uses in the proposed annexation area, according to the County's 2005 -2015 Land Use Plan Map, are Office /Residential, Business , and Office, Industrial and Office, Low Density Residential, and Estate Density Residential. In addition, a portion of the proposed annexation area is located within the Downtown Kendall Urban Center District, an area designated as a metropolitan urban center in the County's Comprehensive Development Master Plan (CDMP). Facilities and Services Police -- The City states that police protection will be provided for the proposed Snapper Creek annexation area by ` the City of South Miami Police Department an established, full - service law enforcement agency. The application states, that the City provides a ratio of approximately one officer per 175 residents. Furthermore, the application indicates that most response times to the area are under 2- minutes for emergencies and less than five minutes for routine calls. Currently, service is provided by the Miami -Dade County Police Department's (MDPD) Kendall District with responses to calls for service being dispatched from the geographic venue of interest.: Fire and Rescue = According to the application, the closest fire station is located at 5860 SW 70th Street, this station currently serves the proposed annexation area and services will-continue to be provided by Miami -Dade and this station in the event of annexation. Since the City of South Miami is part of the Miami -Dade Fire.-Rescue District, the annexation area will. _ �.. lia niv Water and Sewer The entire annexation area is within the Miami -Dade Water and Sewer Department (WASD) water and sewer, service areas. WASD owns, operates and maintains existing water and sewer facilities within the Snapper Creek area, and would own, operate and maintain any future facilities, whether constructed by the City of South Miami or by private developers. The proposed annexation would have no impact on WASD's ability to provide services to the remaining unincorporated area in the vicinity. Service areas are not modified by annexations. Solid Waste - The area proposed for annexation is within the County's waste unincorporated municipal service area. Per.Ordinance No. 96 -30, as 0 t;",+}'YT"".- ,23;F;.p.,, Chairperson and Members Boundaries Commission February 26, 2003 Page 3 - South Miami Annexation the City has entered into a twenty -year waste disposal commitment with the County, the Department of Solid Waste Management (DSWM) could opt to delegate waste collection responsibilities to the City, provided that the cumulative effect of annexations that have taken place since February 16, 1996, do not significantly impact the DSWM's 'ability to meet debt coverage requirements or to hold down the cost of collection service. Street Maintenance - South Miami maintains all streets within its jurisdiction with the exception of State and County roadways. Many minor arterials and collector streets are constructed and improved by the private sector through direct construction and by the state, county and city using gas taxes, impact fees and grants. It is expected that roads and streets built in the future in the subject annexation area would be constructed/ improved by private development' and thereafter maintained by .South Miami. Parks and Recreation According to the application, no new park and recreation facilities will be needed to serve the 'industrial land uses proposed for the annexation area. Annexation Guidelines: The following analysis' " the factors require. d for consideration by the Boundaries Commission pursuant to Chapter 20 of the County Code. 1. The suitability of the proposed annexation boundaries, in conjunction with the existing municipality, to provide for a municipal community that is both cohesive and inclusive. a) To the extent feasible, not °divide a Census Designated Place, (an - officially recognized traditional community). The proposed annexation area is entirely ;located inside' a linearly shaped portion of the Glenvar - Heights Census Designated Place (CDP) that extends into the municipalities of South Miami and Pinecrest. The City of South Miami bounds the proposed annexation area on the north and east. The Village of Pinecrest bounds the proposed annexation area on the. south. Annexation of the subject area will divide the Glenvar Heights CDP leaving the remaining portion in unincorporated Miami -Dade County to the west. This division" will however Chairperson and Members Boundaries Commission February 26, 2003 Page 4 South Miami Annexation result in more cohesive and consistent boundaries for the City of South Miami and the Glenvar Heights CDP b) Include adjacent areas of ethnic minority or lower income residents in which those residents petitioned to be in the annexation area. No adjacent unincorporated areas have ;petitioned to be included in the annexation area. Population By Race and Hispanic Origin Annexation Area Miami- Dade Population Characteristics 2000 960 2,253,362 Percent Hispanic Origin 37.8 57.3 Percent White, Not Hispanic 53.1 20. Percent Black, Not Hispanic 5.3 19.0 Percent Other Not Hispanic 1 3.81 3.0 Source: U.S. Census Bureau, Census 2000 Summary Filet, Miami- Dade County, Department of Planning and Zoning, 2002. c). Have contiguity and not create any unincorporated enclave area(s): An unincorporated enclave area is defined as an area that would be 1) surrounded on more than eighty (80) percent of its boundary by one or more municipalities, and. 2) of a size that could not be serviced efficiently or effectively. w r� 1iC..aleads -fic -uri u-doe� ' of create, an unincorpor � � - - -... &e�i�rielitVC� area (surrounded on 80 percent or more of its boundary by municipalities): The proposed annexation area is surrounded by the City of South Miami and the Village of Pinecrest on three sides. The adjacent municipal 'boundaries encompass 73 percent of the subject area boundaries and annexation of the area will not result in an enclave. F . WW3'Uw Chairperson and Members Boundaries Commission February 26, 2003 Page 5 South Miami Annexation d) Have natural or built barriers as boundaries, to the extent feasible The area is bounded on the north by SW 80th Street and the City of South Miami, on the east by SW 62nd Avenue /City of South Miami, on the south by the Snapper Creek Canal and the Village of Pinecrest,, and on the west by South Dixie Highway and the Snapper Creek Expressway. The above referenced boundaries are logical and consist of existing features. 2. The existing and projected property tax cost for the municipal- level service to the average 'homeowners in the area currently as unincorporated and as included as part of the annexing municipality:' 3. Relationship of the proposed annexation area to the Urban Development Boundary (UDB) of the County's Comprehensive Development.Master Plan. The area is within the Urban Development Boundary of the County's Comprehensive Development Master Plan ((qDMP). The County's Land Use Policy 2B states`tnat ='`priority in the`provisioil "ot services an (acuities and the allocation of financial resources for services and facilities in Miami -Dade County shall ; be given first to serve the area within the Urban Development Boundary (UDB) of the Land Use Plan Map (LUP)." 4. Impact of the proposal on the revenue base of the unincorporated area and on the ability of the County to efficiently and effectively provide services to the i adjacent remaining unincorporated area. J The total taxable value of the annexation area is $96.5 million. The area generates approximately $371,000 in revenues. The County expends i approximately $266,000 per ' year providing services. Therefore, the net revenue loss to the UMSA budget is approximately $105,000. The revenue Milla e Rate Cily of South Miami Municipal Milla e 6.373 Unincorporated' Area UMSA Milla e 2.447 Increase 3.926 3. Relationship of the proposed annexation area to the Urban Development Boundary (UDB) of the County's Comprehensive Development.Master Plan. The area is within the Urban Development Boundary of the County's Comprehensive Development Master Plan ((qDMP). The County's Land Use Policy 2B states`tnat ='`priority in the`provisioil "ot services an (acuities and the allocation of financial resources for services and facilities in Miami -Dade County shall ; be given first to serve the area within the Urban Development Boundary (UDB) of the Land Use Plan Map (LUP)." 4. Impact of the proposal on the revenue base of the unincorporated area and on the ability of the County to efficiently and effectively provide services to the i adjacent remaining unincorporated area. J The total taxable value of the annexation area is $96.5 million. The area generates approximately $371,000 in revenues. The County expends i approximately $266,000 per ' year providing services. Therefore, the net revenue loss to the UMSA budget is approximately $105,000. The revenue Chairperson and Members Boundaries Commission February 26, 2003 Page 6 - South Miami Annexation loss when viewed in the context of the entire UMSA budget essentially makes this annexation "revenue neutral." However, if mitigation were to be considered, the total amount, based on the impact stated above, would be $105,000. This amount, which results in 100 percent mitigation of the current adverse impact, would be adjusted annually based on the Consumer Price Index (CPI). The CPI adjustment is used in the mitigation calculations for the Town on Miami Lakes and the Village of Palmetto Bay. Another option could be that the mitigation calculation be based on a miliage rate. In that case, it would be the equivalent of 1.145 mills for the entire area including the CBI. The total dollar amount would - increase as the area is developed and the taxable value of the area grows. This methodology was used in reaching :agreement with the Doral Area Municipal Advisory Committee and with the Medley annexation approved in 2002. However, a portion of the annexation area is in the 'Dadeland CBI area. As such, if mitigation were considered for the CBI area only, the amount should be based on a millage rate and equal 100 percent of the surplus revenues. This would amount to .541 mills. Furthermore, pursuant to section 20 -8.1 and 20 -8.2 of the. County Code, the County _ retains the franchise . and utility tax revenues of the area upon annexation. 5. Fiscal impacts of the proposed annexation on the remaining unincorporated area. Specifically, does the per capita taxable value of the area fall within: the The per capita taxable value of the proposed annexation area is approximately $100,000. Therefore the per capita taxable 'value of the proposed annexation area is higher than the range of $20,000. to $48,000. However, there are only 960 residents in the area. 6. Consistency. with the ` Land . Use Plan of the County's Comprehensive Development Master Plan. A portion of the proposed annexation area is located within the Downtown Kendall - Urban Center District, an area designated as a metropolitan urban center in County's Comprehensive Development Master Plan (CDMP). .. _ �. c r... Chairperson and Members Boundaries Commission February 26, 2003 Page 7 - South Miami Annexation The County's CDMP provides for land use, intensity of use, infrastructure and design of this area. The Board of County Commissioners has adopted unique development regulations for implementation of the CDMP guidelines within the Downtown Kendall Urban Center District. The CDMP applies to all lands within the urban center irrespective of governmental jurisdiction. Unless there is a formal commitment (interlocal agreement) from the City of South Miami to fully comply with the guidelines, the annexation of this portion of the subject area would be inconsistent with the County's CDMP. Additionally, the County's 2005 -2015 Land Use Plan Map. designates the balance of the annexation area for Office/ Residential, Business and Office, Industrial and Office, Low Density Residential, and Estate Density Residential. The County's "Office/ Residential" land use designation allows both professional and clerical offices, hotels, motels, and residential uses. The existing; RU -5A zoning and the existing office use is consistent with the County's CDMP. Office development may range from small- scale professional office to large -scale office parks. The County's "Business and Office' land use designation accommodates the full range of sales and service activities. Included are 'retail, wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities, amusement and commercial recreation establishments. The existing'` BU -1 'zoning and business use is consistent with the County's CDMP. 'Residential uses, and mixing of residential use with commercial, office aT dTloie are [11513 ;Cr11I1 CCi1 ltl`1J�A3 1LC9s i111U V111LC'al c�J provided that the scale and the intensity, including height and floor area 'ratio of residential or mixed use development, is not out of character with that of adjacent or adjoining development and zoning. The County's "Industrial and Office" land use designation allows industries, manufacturing operations, warehouses, mini- warehouses, office buildings, wholesale showrooms, distribution centers, merchandise marts and similar uses. The existing IU -1 and IU -2 zoning and industrial use is consistent with e Coun ty s CDMP. The County's "Low Density Residential" land ` use designation allows residential uses at a density range of 2.5 to 6.0' `dwelling units per acre. The 6°,.- 5;'.'—+—ns:: Chairperson and Members Boundaries Commission February 26, 2003 Page 8 - South Miami Annexation existing RU -1 zoning and residential low density use is consistent with the County's CDMP. The County's "Estate Density Residential" land use designation allows residential uses at a density range of 1 to 2.5 dwelling units per acre. The existing EU -M zoning and residential estate density consistent with the County's CDMP. According to the annexation application the City proposes to apply the following future land use designation for the area: Transit Oriented Development District (TODD); Duplex/ Residential; Commercial, Retail and Office; - Light Industrial; Multifamily Residential and Single Family Residential. Once annexed the City. has the exclusive jurisdiction to file a municipal plan amendment to officially designate the land uses on the area. The Boundaries Commission shall also consider'the.followng guidelines: 1. Will this annexation divide a historically recognized community? The proposed annexation area is entirely located inside a linearly shaped portion of the Glenvar Heights Census Designated Place (CDP) that extends into the municipalities of South Miami and Pinecrest. The City of South Miami bounds the subject area on the north and east. The Village of Pinecrest bounds the subject .area on the south. Annexation of the subject area will divide the Glenvar Heights CDP leaving . the remaining portion. in unincorporated Miami -Dade County.. to the west. This division will however _7 - �:-� � r ireo `' : ohesive and - tonsisfer - - otffid irc -`for` tFte``.A `,si�ia Miami and the Glenvar Heights CDP: 2. Is the annexation compatible with existing planned land uses and zoning of the municipality to which the area is proposed to be annexed? Yes, the existing land use and zoning of the annexation area are compatible with the land uses and zoning of the adjacent areas within the municipality of South Miami. The annexation area is currently built out. Existing: Land Uses: North: Commercial, Office and Residential. 'T; nom... ,'+,°�' ",—a�. -rte. - 'r ,�- T� ': u , ` `r--;.:n: ry ,.g�T, ,?' wv, , a+ 'asr,?a ;�'r° �,. �' `,'kT `. RiM Chairperson and Members Boundaries Commission February 26, 2003 Page 9 South Miami Annexation South: Commercial, Residential and Institutional. East: Residential West: Commercial and Residential. 3. Will the area, if currently qualified, continue to be eligible for any benefits derived from inclusion in federal or state enterprise zones, or targeted area assistance provided by federal, state and local government agencies? The annexation area is currently not part of federal or state enterprise zones, or targeted areas assistance provided by federal, state and local. government agencies. 4. Will the- annexation impact public safety response times? The proposed annexation will not have any negative or significant impact on the. Miami -Dade Police and Fire Rescue Department's ability to service the remaining unincorporated area. The City of South Miami is part of the Fire Rescue District. 5. Will the annexation introduce barriers to. municipal traffic circulation due to existing security taxing districts, walled communities, and/or private roads? It. is not anticipated that annexation will introduce any new barriers to municipal traffic flow. 6. Will the annexation area be served by the same public service franchises, such as -cable and communication services, as'the existing municipality,, or will it have full access to all available municipal programining through its franchises The proposed annexation will continue to . be served by the . same cable television and telecommunication operators. Municipal programming is accomplished, through separate agreement between municipalities and the cable operators providing services within their respective municipality. The cable operators' obligation to broadcast municipal meetings is outlined in these agreements. 7-. If the area has been identified by the federal vernment as a flood zone or by emergency planners as an evacuation zone, has the existing municipality indicated its preparedness to address any extraordinary means that may arise? Chairperson and Members Boundaries Commission February 26, 2003 Page 10 - South Miami Annexation About 80 percent of the proposed South Miami annexation area is in the 100 - year floodplain. The area east of South Dixie Highway in the annexation area is located in a hurricane evacuation area for categories four and five hurricanes. South Dixie Highway and the Palmetto Expressway are currently the primary hurricane evacuation routes for this area.' Planning to address extraordinary circumstances will be the municipal government's responsibility in conjunction with the County's Office of Emergency Planning. 8. Will the annexation area be connected by public transportation municipal government offices and commercial centers? South Miami City Hall is located at 6130 Sunset Drive, just beyond the boundaries of the proposed annexation area and contiguous to the South Miami Metrorail Station. City Hall and the City of South Miami are also serviced by Metrobus throughout. 9. To the degree possible, would the 'proposed annexation area be contained in one or more school district boundaries governing admission to elementary, middle and high school as the. adjoining municipality? Yes, the annexation area shares school boundaries with the adjoining South Miami. The area is served by Ludlam Elementary, South Miami Middle School and South Miami Senior. Attachment - Map e'E-M ,. ;��,r- r —=r.� - r --c- i; . '�';,2.. ��i,� ^s. ,',,fx :;'' w k'"i�`TMY • ';,%"s, l"+'+° f ;,^a.,.- .s$`°`i',� ;3•i°fi°,.. ..Y.;"x°md "5°- v .x, _ 4 _ I f + t '\ Y 'Av® -v ®v' ® ®w ®e ®w +P ® ♦:P ®fie ®�� ® P�eePPOe e *ee *w ®eee ®Peew♦P! Ilo �. P� ? °w4 � e ®P P° a `$• ®w + ♦ +e `w � w ` ♦® i je ®efyPPw.$PeePwwPP��•O +e ®eP4 ' ♦t �`-�ew+ Pw .w0 �P4e ♦e @, see°P wt lee° � w ®. ° ®PS . : ° e° ♦ °: ® ®° � �� >eOPeP�. Peewee•, eeP e e °e ♦eos ° ♦Q� . eeeeP♦s , n♦eso� ♦♦e�P� °` ♦.. eeePeooePeeoe. � e♦ e se o e ®e se o e w e e p � � ®w ®e ° P ° ®° w ° i ° i ° P ° i ° i ®e ° i w e ° ♦ �► ♦e ie.we♦eeowe.: awes. '®�e�eG�e�®�®` ♦ ® ♦o®`e +e` +e • use:. i0 ± °P�o'��r °s�°e��eDi ♦i °i°:, seewess ♦P°weeewe®e °oeP °♦ °i °e°�a ♦i00... �►s ♦Pewo♦PO ♦e Leo♦♦ wee ��® i°♦° i° o° i°♦° i°: Pi ! + °i ♦i °i °i ®` °o4o °i ®e°�i ® °s °i! +° �i`: * o®® �oeoe® eo�eePeee ♦oP °o ®ew® ®ee ♦s °e0 °ooeew� °:° '®O °® °e�`. � � ! i!e! w ! i! t . � ! s! w! w! r !i! e!®!® °,! ®! ®° i ®P! o !. � '� s ! +°�! w! e! ♦ � i ° i' ®�v® ®vw.vwvev ®vwwv e +°v vv® 4 ®j�svev ®v*v ®ve- `'evP•♦s °v ♦�' �ee°PyPee ®w ®® ®eP,�o° w®® i®°®°i?w • j.' s,' ��' � -w� °i0 °i °o ®w °i °w °iweee °i °is..., _�� _e_� ®_t•�.. ��P` am�P ®e ®h.o< _ a. e. �®. �eP ♦eee� ®e ♦we ♦ePeew.ePweAeweeee�� _ ,t►se4eae��i0�� ®� ®�O�ewes�i ,: B &F Supplement to MEMORANDUM Agenda Item No. 4(A) To: Honorable Chairperson and Members Date: March 6, 2003 Budget and Finance Committee a. From: Steve Shiver Subject: City of South Miami County Manager Annexation Application RECOMMENDATION It is recommended .that, following the required public hearing, the Board of County Commissioners (BCC) direct the County Attorney to prepare an appropriate ordinance accomplishing the annexation of the area identified in the application. The annexation has received a positive recommendation from both the Planning Advisory Board and the Boundaries Commission. At its February 26, 2003 meeting, the Boundaries Commission recommended that the South Miami annexation be approved with the boundaries ` as specified in the application. On March 3, 2003, the Planning Advisory Board passed a resolution recommending approval of the annexation with certain conditions. Those conditions include payment of 100 percent mitigation, equivalent to 1.145 mills or currently approximately. $105,000, for the loss to the Unincorporated Municipal Service Area (UMSA) budget, and, that South Miami pay Miami -Dade County the area's pro -rated share of the Stormwater Utility Revenue Bonds debt service, estimated at $6,700 per year, that will continue as an obligation to the residents of UMSA. As , stated in the Budget Director's transmittal memorandum to the Boundaries Commission, the Town of Miami Lakes, The Village of Palmetto Bay, and the proposed municipalities of North Dade and Doral agreed to continue to pay their .share of the debt service on the Stormwater Utility and Public Service Tax' Revenue Bonds that provide funding for Quality Neighborhood Improvement Program (QNIP) projects. The requirement to main were. processed contemporaneously: Homestead, Medley, Florida City, and Coral Gables. However, state law' protects. bondholders and does not allow for the impairment of bonds. Therefore, as annexation applications'-move forward ,and more l r'f''.7�a`":-; Chairperson and Members Budget and Finance Committee March 6, 2003 Page .2 - South Miami annexation are considered, it would seem appropriate to also have an: nexed areas continue to pay a share of the Stormwater Utility debt service. Pursuant to Section 20 -8.2 of the Miami -Dade County Code, changes to a municipality's boundaries through annexation are contingent upon the condition that Miami -Dade County: forever continues to collect and receive all utility tax revenues accruing :within the annexed area remained a part of the county's unincorporated area. Therefore, the debt service associated. the Public Service Tax Revenue Bonds that provide funding for the QNIP projects is not affected by this or any other annexation. Another concern regarding debt service is the calculation of an area's payment. Currently an area's share is based on the cost of the bond- financed projects within the area as a percentage of the total bond expenditures. Another method would be to base the payment - on the area's existing pro -rata share of the debt service on the bonds. This item was forwarded by the Incorporation and Annexation Subcommittee at its March 41h, 2003 meeting with'a recommendation to incorporate. the Planning Advisory Board's recommendations. I concur with these recommendations. Attachments: Resolution, Boundaries Commission Resolution Planning Advisory Board RV, ty"�.r� ,#"'., n- rr...; , ,.+, g.:*;'"`a��rF,'y RESOLUTION OF THE MIAMI -DADE COUNTY BOUNDARIES COMNIISSION RECOMMENDING APPROVAL OF THE ANNEXATION INTO THE CITY OF SOUTH MIAMI WHEREAS; the city of South Miami has petitioned for the annexation of the area bounded by SW 80th Street to the north, by Snapper Creek Canal and the Village of Pinecrest to the south, by SW 62nd Avenue to the east; and, South Dixie Highway to the west. WHEREAS, the Board of County Commissioners referred this application to the Boundaries Commission; and, WHEREAS, on February 26, 2003 the Boundaries Commission held an advertised public meeting; and, NOW, THEREFORE BE IT RESOLVED that the 'Miami -Dade County Boundaries Commission recommends APPROVAL of the proposed annexation into the city of South Miami with the payment of annual mitigation in the amount of 1.145 mills. The foregoing resolution was offered by Robert Connor who moved its adoption. The motion was seconded by Manuel A. Huerta, Jr. upon being put to a vote it passed unanimously. Robert Connor Aye Edward G. McCue Aye Carlos Batista Aye Jose Luis Castillo Aye Dr. Shirley Merlin West Aye Manuel Alvarez Aye Manuel A. Huerta, Jr. Aye Daniel Lavan Aye Irma Plumber Aye Ian Martinez ABSENT Norman Powell Aye 3 CITY OF SOUTH MIAMI Q INTER- OFFICE MEMORANDUM To: Mayor and City Commissi Date: March 13, 2003 From: Sandy,Youkihs AGENDA ITEM # Acting City Manag Re: Commission meeting Mar. 18, 2003 Repayment of $6.5 million Parking garage loan REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN REPAYMENT; AUTHORIZING THE CITY MANAGER TO USE UP TO AN AMOUNT NOT EXCEEDING $267,112.50 AS NEXT PAYMENT FOR THE $6.5 MILLION PARKING GARAGE LOAN SCHEDULED FOR MAY 1, 2003; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization for the City Manager to pay the Florida Municipal Loan Council through Wachovia Bank an amount not exceeding $267,112.50 as the next payment scheduled for May 1 2003 on the $6.5 million parking garage loan. Last year, the City Commission approved ordinance number 4 -02 -1772 for the City to obtain a loan to construct a mixed -use parking garage retail facility in the downtown area. Upon receipt of the loan, the City gave a $2.4 million loan to Mark Richman Properties, to be repaid over a thirty year period. According to the terms of the loan agreement, Mr. Richman was supposed to pay the City twice a year as per the attached payment schedule. Mr. Richman next scheduled payment to the City was supposed to be $102,571.20 in April 1, 2003 to defray our next loan payment. However, Mr. Richman has advised us that he is going to default his next "payment, leaving the City to find alternatives to pay the total bill. At this time, we have two sources that we can tap into for the next repayment. They are as follows: a) Use of City reserve b) Use of the loan proceed. If we decide to use the City reserve, we will be reducing its current balance of $1,200,000 by any amount that we pay on the loan. We will also need to amend the attached resolution to give the City Administration authorization to appropriate the amount needed. On the other hand, if the loan proceed is used, the unused balance of the loan will reduce by the amount withdrawn, thereby leaving lesser amount of the loan for future use. 1 RESOLUTION NO. 2 3 - 4 A RESOLUTION OF THE MAYOR AND CITY 'COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO 6 LOAN REPAYMENT; AUTHORIZING THE CITY MANAGER 7 TO USE UP TO AN AMOUNT NOT 8 EXCEEDING $267,112.50 AS NEXT PAYMENT FOR THE $6.5 9 MILLION PARKING GARAGE LOAN' SCHEDULED FOR MAY 10 1, 2003; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission approved ordinance number 4 -02 -1772 13 on 16th of April 2002 for the City to obtain a $65 million dollar - loan to construct 14 a mixed use parking garage and shopping center in the downtown business district; 15 and 16 WHEREAS, the City used a portion of the loan proceed to provide a loan to 17 Mark Richman properties with the agreement that Mr. Richman repays the City on 18 a semi- annual basis, as per agreed schedule, for a period of thirty years and 19 WHEREAS, in addition to the first payment received from Mr. Richman, 20 the City used a portion of the loan proceed to make the first payment of 21 $150,809.11 to Florida Municipal Loan Council last year November; and 22 WHEREAS, Mr. Richman as advised the City that he will not be making 23 the payment of $102,571.20 to the City at the next scheduled due date of April 1, 24 2003; and 25 WHEREAS, the next payment , of the loan to Florida Municipal Loan 26 Council in the amount $267,112.50 is due on the first of May, 2003. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 30 Additions shown by underlining and deletions shown by everstr- ikieg. t I Section 1. The City Manager is directed to pay an amount not exceeding 2 $267,112.50 from the to Florida Municipal Loan 3 Council as the next scheduled payment for the $6.5 million parking garage loan. 4 Section 2. This resolution shall take effect immediately upon approval. 5 6 PASSED AND ADOPTED this day of March, 2003. 7 8 ATTEST: APPROVED: 9 10 11 CITY CLERK MAYOR 12 13 14 COMMISSION VOTE: 15 READ AND APPROVED AS TO FORM: Mayor Feliu: 16 Vice Mayor Russell: 17 Commissioner Wiscombe: 18 CITY ATTORNEY Commissioner Bethel: 19 Commissioner McCrea; 20 21 22 Page 2 of 2 n11wF "M'1 ;,3 PAYMENT DATE AMOUNT PAID WITHDRAWALS AMOUNT MRP PAYMENTS TOTALS 1 Oct -02 150,809.11 1 2,464,354.52 62,251.10 2 128,734.90 3 46,227.26 4 17,418.18 5 100,934.54 6 5,61`8.00 7 43,130.80 1 150,809.11 7 2,806,418.20 1 62,251.10 t , 73rd ST-PARKING`GARAGE;PROJECT:., VENDOR AMOUNT DESCRIPTION Mc Ardle, Perez & Escoto, P.A. 2,464,354.52 Loan to Mark Richmond Properties Na in, Gallop, Fi ueredo 73,389.62 Le al Fees Ar uitectonica international 172,893.67 Design, Construction & Consulting Services Miami Dade Water & Sewer 200.00 Utility '-Fee Agreement Delta Surveyors 3,200.00 Parking Lot Survey Win erter Laboratories 3,148.88 Soil Tests `- Florida Real' Estate Decisions 331.00 Mailing Labels & List First Union National Bank 88,558.01 Bond Proceeds-(Part of 1st Payment) Miami Dade Fire Dept. 342.50 Flow Test Permit & Plans Review 73rd ST PA$WlNG�GARAGE PRJ.'TOTA4 2,806,418:20 _ EXHIBIT D $6,500,000 - Florida Municipal Loan Council, Series 2002A South Miami NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 11/01/2002 - - 162,112.50 162,112.50 , 5/01/2003 105,000.00 3.250% 162,112.50 267,112.50 11/01/2003 - - 160,406.25 160,406.25 5/01/2004 105,000.00 3.750 % 160,406.25 265,406.25 11!01/2004 158,437.50 158,437.50 5/01/2005 110,000.00 5.000% 158,437.50 268,437.50 11/01/2005 - - 155,687.50 155,687.50 5/01/2006 115,000.00 5.000% 155,687.50 270,687.50 11/01/2006 152,812.50 152,812.50 5/01/2007 120,000.00 4.000% 152,812.50 272,812.50 11/0112007 - 150,412.50 150,412.50 5/01/2008 125,000.00 4.000°(a 150,412.50 275,412.50 11/01/2008 - 147,912.50 147,912.50 5/01/2009 130,000.00 4.000°/4' ' 147,912.50 277,912.50 11/01/2009 - - 145,312.50 145,312.50 5/01/2010 135,000.00 4.000% 145,312.50 280,312.50 11/01 /2010 - 142,612.50 142,612.50 5/01/2011 140,000.00 4.125% 142,612.50 282,612.50 11/01/2011 139,725.00 139,725.00 5/01/2012 150,000.00 5.000% 139,725.00 289,725.00 11/0112012 - - 135,975.00 135,975.00 5/01/2013 155,000.00: 5.500% 135,975.00 290,975.00 11101/2013 131,71250 •131,712.50 5/01/2014 165,000.00 5.500%0 131,712.50 296,712.50 11/01/2014 - 127,175.00 127,175.00 5/01/2015 175,000.00 5.500% - 127,175.00 302,175.00 11/01/2015 - - 122,362.50 122,362.50 5/01/2016 180,000.00 5.500% 122,362.50 302,362.50 11/01/2016 - - 117,412.50 117,412.50 5101/2017 190,000.00 5.500% 117,412.50 307,412.50 11/01/2017 112,187.50 112,187.50 5/01/2018 200,000.00 - 5.500% 112,187.50 312,187.50 11/01/2018 - - 106,687.50 106,687.50 5/01/2019 215,000.00 5.500% . 106,687.50 321,687.50 11/01/2019 100,775.00 100,775.00 5/01/2020 225,000.00 5.000% 100,775.00 325,775.00 11/01/2020 - - 95,150.00 95,150.00 5/01/2021 235,000.00 5.000% 95,150.00 330,150.00 11/01/2021 - 89,275.00 89,275.00 5/01/2022 250,000.00 5.000% 89,275.00 339,275.00 11/01/2022 - - 83,025.00 83,025.00 5/0112023 260,000.00 5.000% 83,025.00 343,025.00 11/01/2023 - - 76,525.00 76,525.00 5/01/2024 275,000.00 5.00001. 76,525.00 351,525.00 11/01/2024 - - 69;650.00 69,650.00 5/01/2025 285,000.00 5.000% 69,650.00 354,650.00 11/01/2025 - - 62,525.00 62,525.00 5/01/2026 300,000.00 5.000% 62,525.00 362,525.00 11/0112026 - - 55,025.00 55,025.00 5/01/2027 315,000.00 5.000% 55,025.00 370,025.00 11/01/2027 - - 47,150.00 47,150.00 5/01/2028 335,000.00 5.125% 47,150.00 382,150.00 11/01/2028 - - 38,565.63 38,565.63 5/01/2029 350,000.00 5.125% 38,565.63 388,565.63 11/01/2029 - - 29,596.88 29,596.88 5/01/2030 365,000.00 5.125% 29,596.88 394,596.88 11/01/2030 - 20,243.75 20,243.75 5/01/2031 385,000.00 5.125 % 20,243.75 405,243.75 11/01/2031 - - 10,378.13 10,378.13 5/01/2032 405,000.00 5.125% 10,378.13 415,378.13 *Payment dates of April 20 and October 20 are the due dates for the Borrower Basic Payments. EXHIBIT A MRP PROPERTIES PAYMENT SCHEDULE Date Payment 10/01/2002 $ <62,251.10 04/01/2003 $102,571.20 �- 10/01/2003 $ 61,596.00 ; 04/01/2004 $101,916.00 10/01/2004 $ 60,840.00 04/01/2005 '$103,080.00 1010112005 ' $ '59,784.00 04/01 /2006 $103,944.00 . 10/01/2006 $ 58,680.00 04/01 /2007 $104,760.00 10/01/2007 $ 57,758.40 04/01/2008 $105,758.40 10/01/2008 $ 56,798.40 04/01/2009 $106,718.40 10/01/2009 $ 55,800.00 04/01/2010 $1' 07, 640.00 10/01/2010 $ 54,763.20 04/01/2011 $108,523.20 10/01/2011 $ ,53,654.40 04/01 /2012 $111,254.40 10/01/2012 $ 52,214.40 04/01/2013 $111,734.40 10/01/2013 $ 50,577.60 04/01/2014 $113,937.60 10/01/2014 $ '48,835.20 04/01/2015 $116,035.20 10/01/2015 $ 46,987.20 04/01/2016 $116,107.20 10/01/2016 $ 45,086.40 04/01/2017 $118,046.40 10/01/2017 $ 43,080.00 04/01/2018 $119,880.00 10/01/2018 $ 40,968.00 04/01/2019 $123,528.00 10/01/2019 $ 38,697.00 04/01/2020 $125,097!.60 10/01/2020 $ 36,537.60 15 04/01/2021 $126,777.60 10/01/2021 $ 34,454.40 - 04/01/2022 $130,281.60 10/01/2022 $ 31,881.60, 04/01/2023 $131,721.60 , . 10/01/2023 $ 29,385.60 04/01/2024 $134,985.60 10/01/2024 $ 26,745.60 04/01/2025 $136,185.60 10/01/2025 $ 24,009.60 04/01/2026 ; $139,209.60 10/01/2026 $ 21,129.60 04/01/2027 ' '$142,089.60 10/01/2027 $ 18,105.60 04/01/2028 $146,745.60 ; 10/01/2028 $ 14,809.20 04/01/2029 $149,209.20 10/01 /2029 $ 11,365.20 04/01/2030 $151,525.20 10/01/2030 $ 7,773.60 04/01/2031 $155,613.60 10/01/2031 $ 3,985.20 04/01/2032 $159,505.20 16 EXHIBIT A MRP PROPERTIES PAYMENT SCHEDULE Date Payment 10/01/2002 $ 62,251.10 -= 04/01/2003 $102,571.20— 10/01/2003 $ 61,596.00 ` 04/01/2004 $101,916,00 10/01/2004 $ 60,840.00 04/01/2005 `$103,080.00 10/01/2005 $ 59,784.00 04/01/2006 $103,944.00 10/01/2006 $ 58,680.00 04/01/2007 $104,760.00 10 /01 /2007 $ 57,758.40 04/01/2008 $105,758.40 10/01/2008 $ 56,798.40 04/01/2009 $106,718:40 10/01/2009 $ 55,800.00 04/01/2010 $107,640.00 10/01/2010 $ 54,763.20 04/01/2011 $108,523.20 10/01'/2011 $ 53,654.40 04/01/201`2 $111,254.40 10/01!/2012 $ 52,214.40 04/01/2013 $111,734.40 10/01/2013 $ 50,577.60 04/01/2014 $113,937.60 10/01/2014 $ 48,835.20 04/01/2015 $116,035.20 10/01/2015 $ 46,987.20 04/01/2016 $116,107.20 10/01/2016 $ 45,086.40 04/01/2017 $118,046.40 10/01/2017 $ 43,080.00 04/01/2018 $119,880.00 10/01/2018 $ 40,968.00 04/01/2019 $123,528.00 10/01/2019 $ 38,697.00 " 04/01/2020 $125,097.60 10/01/2020 $ 36,537.60 15 $O U 7, CITY OF SOUTH MIAMI South Miami All- America City 4 Excellence, Integrity, Inclusion INCORPORATED 1927 ®. A O Rt0 2001 TO; Honorable Mayor, Vice Mayor DATE: March 13, 2003 & City Commission FROM:. Sanford A. Youkihs ITEM No. /3 Acting City Manag 'r RE: Request to authorize City Manager to execute a professional service agreement with C3TS for the Downtown Infrastructure Improvement Phase II RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON'. SALMAN, P.A. (C3TS) FOR FINAL DESIGN AND BID PHASE FOR DOWNTOWN IMPROVEMENTS, PHASE II, IN AN AMOUNT OF NINETY -TWO THOUSAND EIGHT HUNDRED NINETY DOLLARS, ($92,890.00) TO BE CHARGED TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ECONOMIC DEVELOPMENT INITIATIVE GRANT; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS As the selected professional engineering and architectural consultant for the Downtown Infrastructure Improvements, C3TS will provide final design and bid phase professional services the phase II of the project. The professional- services will be performed for the proposed construction within the downtown area defined as the "T" (SW 73rd Street from SW 58th Court to SW 58th Ave. and SW 58th Ave. from Sunset Drive to SW 73rd Street). The scope of the design will includes, water main extension, drainage system upgrade, wider sidewalk, landscaping with irrigation , system, street furniture, lighting, paving, pavement marking and signage. The professional services will be funded through the U.S. HUD Economic Development Initiative grant account number 001- 0000 - 132 -2063, with account balance of $151,010.88. RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: ❑ Proposed Resolution ❑ Professional Engineering Services Work Order ❑ Map of project area ❑ Public Works Department's account management sheet SAY /RL (wAB) x' .. .:3, . .:!. ., , a...:c — t— ;— •,�.;,7 .a t . ,,., . . ";.' .'t 3:. 'r= `.'r'°= ,,�;',W"'ir�E?a+"., ft`'a "'ice.' « 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK 5 ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR FINAL DESIGN 6 AND BID PHASE FOR DOWNTOWN IMPROVEMENTS, PHASE II, IN AN AMOUNT OF NINETY -TWO 7 THOUSAND EIGHT HUNDRED NINETY DOLLARS, ($92,890.00) TO BE CHARGED TO U.S. 8 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ECONOMIC DEVELOPMENT 9 INITIATIVE GRANT; PROVIDING AN EFFECTIVE DATE 10 1I WHEREAS, the City Commission of the City of South Miami,, Florida, wishes to provide Downtown 12 Infrastructure Improvements to the City of South Miami within the downtown area; and, 13 14 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services 15 of C3TS, to provide final design and bid phase services for Downtown Improvements -Phase II; and 16 17 "WHEREAS, the streets within the boundaries of Phase 11 are defined as: SW 73rd Street from SW 57th' Court to 18 SW 58th Court and SW 58"' Avenue from Sunset Drive to SW 73rd Street; and 19 20 WHEREAS, this portion of the Downtown Improvements Phase II professional services will be funded 21 through the U. S. Department of Housing and Urban Development Economic Development Initiative grant. 22 23 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH 24 MIAMI, FLORIDA, that: 25 Section 1: The City Manager is authorized to execute` a Work Order with Corzo ,Castella Carballo Thompson 26 Salman, P.A. in connection with the final design and bid phase services for Downtown Improvements - Phase 1 27 project,; in an amount of $92,890.00, account number 001- 0000- 132 -2063. 28 29 Section 2: The attached proposal, Professional Service Work Order, is made part of the resolution. 30 31 PASSED AND ADOPTED this day of March 2003. 32 33 ATTEST: APPROVED; 34 35, 36 Ronetta Taylor, City Clerk Horace Feliu, Mayor 37 38 39 READ AND APPROVED AS TO FORM: 40 41 42 43 CITY ATTORNEY Commission Vote: 44 45 Mayor Feliu: 46 Vice Mayor Russell: 47 Commissioner McCrea: 48 Commissioner Bethel: 49 Commissioner Wscombe: 50 WORK ORDER FOR PROFESSIONAL SERVICES TO: City of South Miami Date: 02/17/03 E n s i n e e r S: Public Works Department File: 1929 -15 Architects 4795'SW 75th Avenue Planners' South Miami, Florida 33155 ATTENTION: ; W. Ajibola Balogun, Public Works Director PROJECT NAME: Downtown Improvements - Phase ll City of South Miami, Florida SCOPE OF PROJECT: E 80005022 Streetscape /Infrastructure improvements along the following streets (as shown on attached AAC002142 site plan): SW 73`d Street (from SW 58th Court to SW 57th Court) SW 58th Avenue (from Sunset Drive to SW 73rd Street) Proposed improvements include :;sidewalks, curbing, drainage, landscaping, irrigation, paving, street furniture, water main extensions, lighting, pavement marking and signing. SCOPE OF SERVICES: Final Design, Phase: Final design and preparation of construction documents, specifications, project manual and cost estimates for the various streetscape ; infrastructure components; streetscape / sidewalks /street furniture, roadway and drainage, pavement marking signing and signal modifications, water utilities, lighting and electrical, and landscaping and irrigation. Services include permitting assistance through MDCPW - Traffic and Public Works, MDWASD, South Miami Public Works Department and Miami -Dade DERM Water Control. The water main and grading /drainage on SW 73rd Street (from 58th Avenue to 58th Court) and SW 58th Court & 58th Avenue (from Sunset to 73rd Street) has already been designed and construction plans prepared under a separate authorization: Bid Phase Services: During the bid, phase, we will provide bid advertisement documents, respond to bidders' questions and attend; pre -bid conference. Prepare addenda to Bid Documents, if required, to clarify the requirements of the Bid Documents. Tabulate and evaluate bids received, check references of the responsible lowest bidder and make recommendation for award. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer �- r *..a ... n,.. T .^:.... , :, �..:^,.,. ., : City of South Miami W.O. Downtown Improvements Phase II February 17, 2003 Page 2 TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional, Services for Downtown Infrastructure Improvements. Our fees for the above services shall be as per the following lump sum fee scheduler Final Design Phase' .............................................................. $87,210 Bid Phase (Main Construction Package).. ........................... 5,680 $92,890 The City of South Miami will be responsible for any permit fees, and these are not included in the above fees. If need be, we can pay those fees and be reimbursed by the city at cost + 10 %. The City will provide printing and distribution of bid documents as well as bid advertisement. We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. Corzo Castella Carballo Thompson Salman, P.A. Ramon L:� �X:4 l P.E. Vice-President RC /er City of South Miami Approved by: Date: L: \Projects\ 1929- 00 \W.O- Proposals \W.O. Dwntwn ImpPhasel IO21403.doc rrr.: +�i^+,., ,.,c�,'•^� --°' . -•-^ -; , r _r _ ... -,.M.r � ,::- rs-i '�;�R,x,`�'i��.;r�, ',',"".�r'"c {'?a s. ..e.. + +'... (,. ,: ':: r .., h�ut.. a' r," `g`�",.",a�',,.j^"�srt?"g. °.° vti. Corzo Castella Carballo Thompson Salman, P.A. Fee Worksheet- Page 1 FEE WORKSHEET DATE: February 17, 2003 PROJECT: Downtown Improvements - Phase II City of South Miami Final Design Phase: Streetsca e Architectural Treatment Plans (3 shts. @ 1 "= >10' & 2 shts. @ 1 "_ °5') 8 6 24 24 36 Streetscape'Details (4 sheets) 8 6 16 24 24 Coordination w/ Landscaping, Lighting, Drainage & Utilities 4 4 12 8 4 Roadway and Draina e Key Sheet 2 4 Typical Sections (1 sheet ) 4 4 8 8 Plan & Profile Sheets (3shts @ 1"= 20') 4 12 24 30 54 Special Plan Details (2shts) 2 4 8 6 12 Special Profiles (2 shts.) 4 8 16 8 Cross Sections (2 sheets 2 4 24 8 12 Notes, Details & Schedules (3 shts.) 4 12 4 4 Phasing & MOT Plans (3 sheets): 4 6 8 12 12 Pavement Markin Si nin q & Sign PM &S Plan Sheets (1 sheet ) 2 6 6 10 16 Intersection Signal Details (1 sheet ) 2 6 4 8' Details and Notes 2 4 4 4 Water & Sewer Utilities Key Sheet 2 2 2 Coordination w/ MDWASD 4 8 6 Plan & Profile (7 shts. @ V =20') 2 4 12 12 24 Details & Notes (2 shts.) l4 4 Lighting LLghting and Electrical Lighting Level Studies 2' 2 2 2 Coordination w/ FPL 2 4 4 2 Plan Sheets (2 sheets) 4 8 12 10 16 Risers, Notes, Details & Sched. (2shts) 2 6 6 General South' Miami Coord and Review Mtgs. 8 4 8 4 Cost Estimates (50% and 100 %) 2 12 12 8 2 Project Specifications 2 6 12 g Project Manual / Bid Forms 2 6 8 6 Permitting: MDCPW `- Traffic & Public Works 4 8 12 8 2 MDWASD 4 8 12 4 2 South Miami Public Works Dept. 2 4 4 Miami-Dade DERM - Water Control 2, 4 g 2 Final Design Phase Sub -Total Hours 82 156 294 204 224 34 Billing Rate 140 95 75 65 55 ' 45 Labor Cost $11,480 $14,820 $22,050 713,260 $14320' $1,530 LaborSub4otal $75,460' Landscaping /Irrigation Sub- Consultant $11,200 ' +' $100 expenses $11,300 Reproduction Costs (Submittals and Permitting Printing) $450 Total $87,210 Pre -bid Meeting 41 4 4 2 Contractor Inquiries and Addendum 2 6- 4 4 6 Review Bid Proposals 4 6 4 2 Bid Tabulation 2 4 2 Recommendation for Award 1 2 2 2 Bid Phase Sub -Total Hours Billing Rate Labor Cost 11 20 18 4 0 14 140 95 75 65 55 45 $1,540 $1,900 $1,350 $260 $0 $630 Total $5,680 L:\Clerica1\1929- 00\W.O. Proposals\ FeeWOrksheetDwntWnPhase 11021403.xis 02!17/2003 15:44 3052358380 ROSENBERG DESIGN GP PAGE 02 OSENBERG LAND PLANNING GAEthNER ® LANDSCAPE ARCHITECTURE LC- 0000266 DESIGN, MEMBER AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS i f ji i 1 February 13, 2003 f i Mr. Ramon Castelta # C3TS 1 901 Ponce de Leon B4. #900 Coral Gables, FL 3313 RE: SOUTI1 MIAMI S TRE5 BEAUTIFICATION (SW 73 Street from SW Sr Court to Se Court & SW 58'* Avenue from SW 774 Street to SW 72"d Strut) Dear Ramon.- ' i We appreciate being Wted to participate in the design of your project located at South Miami, Florida. i I. SCOPE SE YI ES i Rosenberg Garner Design (RGD) shall provide the following landscape architectural ` services for your Project: During the Conceptual Design Phase RGD will. 1) RGD with prepaie the following construction documents, based on an already approved Conceptual Ma+w Plan: A) Prepare a Planting Plan sufficient in detail for bidding and installation by qualified contractors; 8) Prepare an irrigation Plan sufficient in detail for bidding and installation by qualified con6-actors MIAMI•DADE 12901 S.W. 71STAVENUE, AIAMI, FLORIDA 33156. PHONE 305- 235 -5310. FAX 305.235 -8380. EMAIL RGDLANDARC@EARTHLINKNET •BROWARD ' 426 STONEMONT DRIVE, �MESTON, FLORIDA 33326, PHONE 954 -349 -3795. FAX 954- 349 - 3796°` EMAIL KENARCQEARTHUNKNET 0,2/17/2003 15:44 3052358380 ROSENBERG DESIGN GP PAGE 03 C) Attend up! to five (5) meetings with City Staff and Boards, and Community presentatiohs. 2) Attendance at Edditional meetings shall be billed at our current hourly rates recorded portal to porta! 3) RGD will prepire plans on a bass site plan provided by C3TS. Any changes to RGD's plans required by Changes to the site plan, shall be billed hourly. ,Any changes to RGD's plans required ,as a result of comments concerning our design by review Boards or government staff, shall be made at no additional cost' IL CLIENT'S RESP SIBILITIES The Client shall provide any required site surveys, as -bulk drawings, soil tests, as well as architectural anld engineering services as required. III. FEES 1) The fee shall be $ 11,200 payable when completed construction documents are submitted to the Clierrt. 3) Reimbursable expenses shall be billed at actual cost for plan - reproduction, photographs, postage and handling, long- distance calls and any out -of -town traveling expenses conndcted with the project. 4) ALL ACCOUNTS ARE DUE AND PAYABLE IN i`ULL UPON SUBMISSION OF INVOICE TO CLIENT, 5) A Late Payment Charge of 1.5% per month will be added to all invoices past due. 6) If it becomes;necessary incur collection fees and /or employ the services of an attorney to collect ddbt, then such fees shall be paid by the client. 1V. ADD17IONAL S VICES Any revisions td our drawings, specifications or other, documents required as a resuk of changes to basd plans or other information or instructions provided to RGD from the Client or his Atchitect or Engineer, shall be billed on an hourly basis at our current hourly rates, Any additional services requested by the Client shall also be billed on an hourly basis. X2/17/2003 15:44 3052358380 ROSENBERG DESIGN GP PAGE 04 I i 1 i Y. TERMINATION i This agreement may be terminated by either party upon -seven (7) days written notice. In the event of termination, RGD shall be paid its compensation for service performed to the terminatiod date including reimbursable expenses then due.. The client may not, at any time, use cir allow the use of any work which is either incomplete in any respect, or Is not fully paid for, even if complete. The persons executln� this agreement warrant and represent that they are authorized to enter into this Agreement oil behalf of the person or entity for whom they are signing. We look forward to Ong of service to you. This agreement is exeduted this day of , 2003 ROSENBERG ER DESIGN By For 06 Firm Client: Signature Name & Title Printed T F., ----------, 0 0 Z W O y T ot- Nooaom moo wmw m O e— co 00 00 m w ap Co ao 00 co ao ocoL6o`oo`o0000 o0 O It 0 T T O- r 0 0 0 0 0 0 0 O O O �-. W O N CO ` W. z J 0 IL m E9 6% 69 69 Efl EH 613.(09- 6'3 cf} 6% 69 64 co O 0 co in N CO 0 r �;H Z I- LO 0 M; qo 0 0. a 2 as o r N co oT7moo' o co 0 0 O': Q W O N c0 � W ¢z CON M N T r. 1 I—: Efl 64 6% 6% co O 0 cV'' W U� f— J Q Z Lo In co Ope ' D cq 0 r v0 NLO 0 bo; ■ Q Q co 0; W p M O ii C* 0 N N �O V ♦k N' M 0 Cl a U') M O N Z N M T 0 V CD Q O r G Z d j U W d D ~�- Z J �- \ Z O L M N O W � iT r N lu 0: L6 i9 O Q cc Mt. Lo N 0 0 Z W O y T o south CITY OF SOUTH MIAMI South Miami NLpmericaCily Excellence, Integrity, Inclusion INCORPORATED 1927 p R10 2001 TO: Honorable Mayor, Vice Mayor DATE: March 13, 2003 City Commission 14 FROM. Sanford A. Youkilis ITEM No. Acting City Manager RE: Request to authorize City Manager to execute a maintenance agreement with T J Pavement Corp. for Sidewalk Repairs Citywide RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP. FOR AN AMOUNT OF $20,000 AND WITH DISBURSEMENT TO COME FROM "LOCAL OPTION GAS TRUST FUND ACCOUNT NUMBER 112 - 1730 - 541 -' 4640 "MAINTENANCE AND REPAIR STREETS AND PARKWAYS'; PROVIDING'AN EFFECTIVE DATE. BACKGROUND & ANALYSIS As part of Public Works Department's Sidewalk Repair Program, we have identified several flags of sidewalk that needs to be repaired` immediately, to avoid potential hazard. As _a result, Public Works Department is recommending piggybacking on the City's ;current contract with T J Pavement for the Downtown Drainage & Water Main Improvements project. The contract has a unit price line item for concrete sidewalk restoration. T J Pavement has agreed to uphold the price in their Downtown Drainage & Water Main Improvements contract for the citywide sidewalk repair program. The disbursement will be from Public Works Department's Local Option Gas Tax budget, "Maintenance &' Repair- Streets & Parkways" Account No. 112 - 1730- 541 -4640 with current account balance of $21,790.80. RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: Resolution ❑ Copy of current contract with T J Pavement Corp. ❑ Public Works Department's account management sheet I SAY/u, (wAB) m, RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A'CONTRACT WITH T J PAVEMENT CORP. FOR AN AMOUNT OF $20,000' AND WITH DISBURSEMENT TO COME FROM "LOCAL OPTION GAS TRUST FUND ACCOUNT NUMBER 112-1730 - 541 -4640 "MAINTENANCE AND REPAIR STREETS ; AND PARKWAYS"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide much needed sidewalk repairs within the City, and WHEREAS, T Pavement Corp. is a contacted vendor for the City's Downtown Drainage & Water Main Improvements, has the expertise and the equipment to provide sidewalk repairs, and; WHEREAS, the Mayor and City Commission authorize the City Manager to execute a' construction contract with T J Pavement Corp. for an amount of $20,000.00.' NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA that: Section 1. The City Manager is authorized to enter into a contract with T J Pavement Corp. to be based upon their current unit price contract for the Downtown Drainage & Water Main Improvements contract with the city for an amount of $20 000.00 to be charged to account number 112- 1730 -541- 4640. «r Section 2. This resolution shall become effective immediately after adoption. PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Russell: Commissioner; Bethel: CITY ATTORNEY Commissioner Wiscombe; Commissioner McCrea: I :.w t` SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this day of • 20 03 A.D. by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner"), and j J Pbwemer)+ Cor,�tcJl n ,party of the second part (hereinafter sometimes called the "Contractor"). I WITNESSETH: That parties hereto for the consideration hereinafter set forth � P ,mutually agree as follows: 1.01 SCOPE OF THE WORK z I A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Project Manual entitled: DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS S.W. 73rd Street, S.W. 58th Avenue, and S.W. 58th Court CITY OF SOUTH MIAMI, FLORIDA' as prepared by Corzo Castella Carballo Thompson Salman, P.A. acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything r-mm wig required by this Contract and the other Contract Documents. 's . 1.02 THE CONTRACT SUM ,a A. The Owner shall a to the Contractor for the faithful performance of th pay p e Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner by i the Contractor, a copy of said Proposal being a part of these Contract D cuments, _. p the aggregate amount of this Contract is the lump sum of Two HL)Adre( Sid q -- Wo �ovsard Ooe hu dred 94x► -soc and ��ooDollars ($ 2ro2 13aa.so ). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work` on the date established in the Notice to Proceed. 4 B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than sixty (60) calendar days after the commencement ^" date established in the Notice to Proceed. 00500 -1 1929 -15.05 3 l fl 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items ti contained in this Project Manual have been read and carefully considered by the + Contractor, who understands the same and agrees to their sufficiency for the work to Tbe done. It is expressly agreed that under no circumstances, conditions or situations . shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval' and /or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the terms of this Contract and /or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and /or the Project Manual covering said work; and the Owner may require the Contractor and /or his insurer to repair, replace, restore and /or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and /or services which within a period of one i year from and after the date of the passing, approval, and /or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to 1 normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and /or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and /or repair from the Contractor l and /or his insurer, who shall in any event be jointly and severally liable to the Owner j for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and /or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Thousand _5 ($1;000.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any �. + authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. -.w.. 00500 -2 1929 -15.05 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. d 1.06 PARTIAL AND FINAL PAYMENTS _i A. In accordance' with the provisions fully set forth in the General `Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. Within 60 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding, calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all 1. work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. ' 2. Upon submission by the Contractor of evidence satisfactory to the Owner i that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees I�._.... that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all �..: work covered by this Agreement and acceptance of such work by the Owner. � ;r I 1.07 ADDITIONAL BOND parties hereto that if, at an time after the A. It is further mutually agreed between the p y l execution of this Agreement and the Performance and Payment Bonds hereto 1 attached for its faithful performance, the Owner shall deem the surety or sureties i facto or if, for an reason, such bonds ceases to upon such bonds to be unsatisfactory, y ( rf" be adequate to cover the performance of the work, the Contractor shall at his - I expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such 'sureties as shall be satisfactory to the Owner. In such event, no further payment to ' the Contractor shall be deemed due under this Agreement until such new or ..., additional security for the faithful performance of the work shall be furnished in the t manner and fbtff satisfactory to the Owner. I 1.08 SOVEREIGN IMMUNITY' AND ATTORNEY'S FEES r The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable' attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the l re ment interest. prejudgment f E 1.09 MEDIATION I Any claim or dispute arising out of or related to this agreement shall be subject to J 00500 -3 1929 -15.05 informal mediation as a condition precedent to the institution of legal or equitable i proceedings by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami-Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the circuit court for the 111 th Judicial Circuit for the State of Florida. 1.1.0 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 1.11 LIENS ` Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to,;interalia, all subconsultants and subcontractors, suppliers and labors. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Downtown Drainage and Water Main Improvements, S.W. 73rd Street, S.W. 58th Avenue and S.W. 58th Court, City of South Miami, City's BID No.: C102- 1223" and all attachments in the Manual and the - Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency, in the documents. Contractor is reminded that all work under this contract must comply with Federal Regulations as listed in Section 00750 as well as EDA Standard Terms and Conditions to the City's grant award and the Special Conditions to the grant award (Appendix B). - 1.13 TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Sub - Contractors (page 00300 -4 of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible I and indemnify the City for all subcontractors' acts, errors or omissions. t 4 : B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 1.14 EXAMINATION AND RETENTION OF CONTRACTORS RECORDS A. The City, or any of their duly authorized representatives, shall, until 3 years after final _ payment under this contract, have access to and the right to examine . any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions._ _ 00500 -4 1929 -15.05 ` r B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 8.1 above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. C. The right to access and examination of records in subparagraph 8.1 shall continue 17 .1 until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS All documents, reports; plans, specifications or other records, including electronic' records, resulting from the services rendered by the Contractor under this contract< shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all documents prepared under this'contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to thn r..ity Tha r.nntrartnr shall have tha right to retain rnniPS nf'thP rinri imants nt tha r. , _.: SECTION 00300 PROPOSAL DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS S.W. 73'd Street, S.W. 58th Avenue, and S.W. 58th Court CITY OF SOUTH MIAMI, FLORIDA City Clerk's Office City Hall 6130 Sunset Drive South Miami, Florida 33143 Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal of the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud: The Bidder further declares that he has examined the site of the work and that from personal knowledge and experience, or that he has made sufficient observations of the conditions of the proposed Project Site to satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore; that he has examined the Drawings and Specifications for the work and from his own experience or from professional advice that the Drawings, including bid item quantities, and Specifications are sufficient for the work to be done and he has examined the other Contractual Documents relating thereto, including the Notice of Bid Invitation, Instructions to Bidders, Proposal, Contract, Affirmative Action Requirements, Davis Bacon Wage Determination, General Conditions, EDA Supplemental General Conditions, Supplementary Conditions, and Special Conditions, Technical Specifications, Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully,, relative to all matters and conditions with respect to the work to which this Proposal pertains. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the City of South 'Miami (Owner), in the form of contract specified, to furnish all necessary materials, all equipment, all necessary machinery,.tools,,apparatus, means of transportation, and labor necessary m. �.. to complete the work specified in the Proposal and the Contract, and called for by the Drawings and Specifications and in the manner specified. . The Bidder further, proposes and agrees to comply in, all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the work not being completed within the time limit stated in the Contract Form. 00300 -1 1929 -15.05 s �m- sx--.r "; -°-i "'. rnm, `T'9�.i ff ...irµ�' c: SY "£^`.�"✓,:"��.YYr�,°+"�.k .f*{:_?`'fi�°°ra^i'x', „_ -�,; Payment Bonds each in the amount of one hundred percent of the Contract price, within ten (10) consecutive calendar days after written notice being given by the Owner of the award of the °,...: Contract, andUh -e Undersigned agrees: that in case of failure- on.his part to execute the saidContract , &trM7 rn Nh d . 9 P k 4, _. n and Performance and Payment`Bonds within the ten (10) consecutive calendar days after the award : y payable of the Contract, the cashier's check or Bid .Bond accompanying his bid and the rnone thereon shall be paid to theOwner as liquidation of damages sustained by the Owner, otherwise, the check �accom p an n theTt -o osai shall be returned, `to the undersi° ` ned after "'fhe Contract is P N °g p 9 signed and the Performance and < Payment Bonds are filed. The undersigned agrees to accept in full-,compensation-therefore the total of the-lump sum prices forthe items named in the following schedule, based on the' quantifies contained within , this bid form Furthermore, the undersigned has checked, these quantities and agrees that bid krt quantities "are "correct and adequate'to comple%e the lob in its entirety, as described in the contract document. i Bidders Certificate of Competency No. E9' 0LOO W Bidders Occupational License No. W —33[05 }59 Acknowledgment is hereby made of the following Addenda received since issuance of the Project Manual: 1 i3 Addendum No, Dated: ( Oa Addendum No.- Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated Attached hereto is a cashier's check on the Bank of « or Bid Bond for the sum of Dollars ($ ), made payable to the City of South Miami, Florida h . l • S •�lmF�t L.S. (Name of Bid r) (Affix Seal) L.S. v. Signature �i?,ES1 E nT L.S. ., (Title of Officer) :> Address: 40 lei +C 335 City: MI h n) I State: � � OR i dA 00300 -2 1929- 15.05 LIST OF MAJOR SUB - CONTRACTORS Bdders,are required to list with the Proposal, on this sheet all major sub - contractors included for the prosecution of the work. Failure to complete the list may be cause for declaring the Proposal irregular; g , uM 3 , Tho vsuccessfuJa bidder shall employ the sub - contractors listed hereunder for the class of work cindioated, which list shall not be modified in anyway without the written consent of the City of South YMiami ,,, TheBidder expressly agrees that- -d' awaed a - contract as a result of this proposal, J ro osal, the major sub- contractors used in the ` prosecution of the work will be those Fisted below. The,Bidder re resents that sub- contractors listed below are financial) responsible and , p � Y P ,tare qualifited, to do.the work required. ' CATEGORY OR CLASS NAME OF SUB- CONTRACTOR ADDRESS F , 4F WORK r , 00300 -4 1929- 15.05' rte,::. �;, �. M<�, �,n �r fir.. �k:�. 210 F & 1,81, reinforced concrete slab over ' °b °p water main 25 L.F: • � $ I ;f000 • 2.:11 Dust Control 212 1111aintenance of traffic, including traffic -5 control, .signs, barncades, fiaggers and off du ol� officers as q _� 2.13 Compliance with the Fionda Trench Safety Act 1 L.S. 2.14 South Miami project sign 1 L.S. 500.CO $ SbA. x 2.15 w, , istin utilities ` Advanced ex lorataon of ex g, , ' 1. L.S Dtab: $ 0�0OD 1 L.S. 2.16 Mobilization,.,, 2.17 Performance & Payment Bond 1 L.S. goo $ 2.18 Contingency 1 L.S. $12,000 12000 _. . .., Secion 2 - -Sub -Total 952 5° � 7E � ,�-� Ar Er�n�rtT . , , Name of Bidder Signatu de 50se N AVV PcwZ Y . y GRAND TOTAL IN FIGURES (LUMP SUM) $ C2 44A) 96 5D ` Jt�b I�LnGLeC.Q. GRAND TOTAL (WRITTEN): Six'IU -�wO OUS�Inu,.ninE hcd k6d 60AU -Six. a 11t mss_ And ;,-- i Was ` Bidder: 5 • TAQ eme n i DM B v O� V • 1 ' A`i pfeez y Title: Tf es, Ci En C3 ®5).aao ^1a2D Fax: X3050 -5019 Telephone: 00300 -7 (Revised Addendum No. 1) 1929- 15.05 f sry /1fJ �. '.;tKTIFICATE OF LIABILITY INSURANCE 01i10212DO11'Ga PRonuceR 3©5- 227.0W2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INF4RMAFfON FONTAINEBLEAU INSURANCE CONSULTANTS ONLY AND coNFERS NO RIGHTS UPON THE CERTIFICATE a25o W FLACLER ST iR120 HOLDER. 1'NIS ClrRTI . CATE DOES NOT AMEND EXTEND OR ALTER 7He COVERAGE' AFFORDED BY THE PC1LrCIES' BELOW. PRODUCER STREET ADDRESS MIAMI, FL 93144 INSURER$ AFFORDING COVERAGE INSURER A. BURLINGTON INSURANCE COMPANY TJ PAVEMENT COOP F_ IRST CO_ COMMERCIAL MUTUAL CO_ _MPANY 10741 SW 30 ST MIAMI, FL 33185 iNNSU'RER o: — – - �luguaER E' COVERAGES, THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING A14Y REQUIREMENT, TERIA OR CONDITION OF ANY CONTRACT OR DINER = DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE WSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY T14E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND C.OND1T*N5 flF 6Ucx AGG;MGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _POLICIES. TvPe of INQ+iPANCE, POtJCr MutER r"1�c r-' a r1: —pla a A- - 9ENERA,LIADILITY EACH OCCURRENCE _ I_,000,OQQ A ��( COkfMERGUU GENERAL I UIHILITY (BSI167Q51Z858R1 I 12 -21.02 12 -21-03 FIRE aA14Ll3F_ wy ow""A y s 1100 opO r � !CLAW MADF EXIT OCCUR I I MED EXP (Any aneperaoni. S 5.Q00 I { II PER60NAL L ACV INJURY__ I 1,00>j.0tlti I I �NERALA=REGAIE I i l.00O,OfID GEN'L AGGREGATE UM(T APPUES PER: I I PRODUCTS- COMP1oP A46 1,t�.0oo Pmaor 1 PRQ toc I AIrtCMOHp E 1 lA@9J:Y COMBINED SINGLE L1#UT - ANY AUTO (E8 OIj } 1ALLCYIMEDAUPDS ! I I�- 80W4YINJURY SCHEOULEDAUTOa I I, i —I H1R60 AUTO$ I ) I 6OPILY INJURY � (PweaidmQ 5 NONOWNEDAUT4s I ` PROPERTY DANA( a (Per seddo " I s A+4RRAipE LIAa1LHY AUTO ONLY EA ACCIDENT { 0�� - -- ANYAUTO AGO i CIIC6$g (iaBlLtiY EACH OCCURRENCE i G=UR CLAIMS MADE I I {� { AWREGAY'E i ~� DEDUCTIHI E I I{ .� �4 _ RETENTION & B i womm pseg mDII ANO 1 11151 -05 I 1$03 1.3 *4 �--T- use s� E EI 1 MliA=DW -r 00.000 E.4 01SEASE —EA EM 1 1;oD0,DOq L ' E.L, a18o8 - POLICY Lw 1 1,000,000 aY1iER I � � DESCp>d'ttON OF O�ia7eaISILOGATfc�al�IENIC4ESIE ![CLUB101�L4 AO0E4 BY ENAtaA9EA1GNT18PEC1AC PROVIS�N6 PROJECT; DOWNTOWN DRAINAGE & WATER MAIN IMPROVI -MENTS CERTIFICATE HOLDER IS ALSO AD&L INSURED :ERTIFICATE'HOLDER Y ADDIMmL iNSUR! a RlsUReN L6Y7ER: CANCELLATION sHCu�a ANY � n+e AtaoVE aescare&a pouc�ee ei cwl+cELl�a a fNE EXPWATIO�[ "Ire "awl" WNO INSURER WILL VWtAW* TO MAIL � DAYS INRITI'EA CITY OF `SOUTH MIAMI Nonce To VITA HOWER NAMell To TRe U M. etlT FAIUIRB TO � ffi &Hatt AND CORZO CASTELLA CARSALLO IMPOSE N ATIDN OR WtBLM av ANY KIND UPON W9 (NMURER. R'6 AGENTS tM THOMPSONN SALMAN, PA REP RAMON :445 -086$ AUT REPRE6FXTATNE :Dili] 25-5 (7�9r) & ACORD co(tPORATION 1988 cl ; M, i i7 DA T MMIDOMI vS a ti l Kt n 20/2003 TERM INS I MATI(i � ISSUED AS A MAT JHE CERTIFICATE f➢�I�Y'� t1.4 ...i.I.zS. SlFICATEIS RIGHTS UPON EXTEND OR {s t.t.s THIS CFa o CONFER+ Nil DOES NOT AMIEND, GIES BELCv+►• ONLY THIS GEftTIFICAT�OIRDED 8Y T1iE QOI� HOL �pppijcERF IDER. THf?VB NG FFAdE ALTER E C yERpGE COMPANIES AFFORD Ir1c. ZNS ca. I Sy pjpC� �° QQMPWY C?.SUALTY S.W. 40th St' A VATIaIL E Florida 53165 COMPANY 305227` wsar pAVEME14T r CdRp . COMC W T -J. 1 v M i ;I" Vjly, lrSSj7i; A�1 i 0 STREET CLWPANY .1° %14�i,1�y {i ri, �h,:f , r�4',Si 41 i1 d,r.,.lchtf l n II 'hl {r i Y' PER1 11 v s+ =pN'Ri' I i 13hi1 ji•} }slat ra, aS, }�na I� QD e 1 r, I, • I a..c, ; , THE PdLIC ZPrMi : FL 3 �� 6 nl .,y `i� L al I I h,1a NAMED ABOVE FC1R 3 THE INSURED N TO WWICW THIS 305 - 220-`94$1 a sy+ L,I,r,hIIrH1taL,4�1„, F ; °, ,'.,,',�`Il'�`V`gfiEN1S5uEG+ MENTW{THFsESPFeCT { TO TERMS, hh 11 TSp SFI,pW WA E TRACT OR OTHER DOCU REIN IS SUBJECT Td ALL THE p�a111�.4t�1'f;4v�',I t y V ., A1lE SE REDUCED BY RAID GLAIMS. LI1A[T¢ THIg l5 TO CERTIFY THAT THE POLICIES OF INSURANCE LIS Pt;RTA1N, THE 1NSURANCp,IEjJ►AY NROEO 6Y TWE QOLIGIES DE5GRI8E4 }tE TERM OR CONDITION C7F A.N`f CON ^WITHSTANDING ANY REptgIREMENT, pOUCY ExPIRATION INDICATED, NO' Y BE I55!!ED QR MAY CERTtFIGp7E POLIGY EPPEGTIUE CA,MtN ROfYr1 s ExCLUSIONS AND CrONE?ITI�N$ CIF SUCH PCII,ICPOU LI NUMHER �W 9ATE lMWOD" SOOILY INJURY OGC PdlGY n J 60 T+pE OF INSURANWE j5nn%u SNJURY AGG LTR PROPERTY DAMAGE OCC 8 GENERAL UWUV PROP €RTY DAMAGE AGO � IVHPOR1ifi Gdp�PRC1IGNS gl g; PDCOM9INED OCC I PR£MISESlOP£RATIONS S UNOERGADLMID EHA71R4 878PDGQ� ME�Q ~-^ i pOLLAP3 pgR SAL INJURY AC40 4 —"J- sxPLQGK?N . ODUCTSIC PR OMPLETED QPP.k J CONTRACTUAL .1 INDEPLNDENT CDN "ACT"R SOOILY INJURY 8 I BROAD FORM PRQPERT✓ E tPerpnenon) .-•- �� -1 PERSONAL INJURY t pIIJI IJA0ILITY BDDILY INJURY A 3 pMp tpe&nLddRn4 ANY AUTO S �M1fI•IED AUTC?6 tPAv9Ie Peen) Q � I ,� �• I 0 2 08/21/03 PROPERTY DAMAGE * ALL O+ ALL Wmec AUTOS C%()3191536 3 6 SOVILY INJURY $ X t Inen PlMnee Pnannnpnd PROPERTY DWAGF '500 0 0 0 A X HIRED AUTOS COMBINED X NON -OMF -D AUTOS EACH dCCURRENCE S OARASELIAISIL{TY - pppREOATE 3 WGSTATU• CR til`:i'411 i�„ I:IySL(j1il �`',PI I excE55 uA61L1•'1P Jam".. s _ ` U418REI.LA fQRM H ACGIbf Nf QTR ;} {AN UMB LLA FDRM CI, EL EACFArE . POLICY UM IT S' {WORKERbCpF1�ENSAl1(3N AND i -__� EMPLOY LIAELRY >^L D19EA°�E EA EMPLOYEE 3 tdOU pARTNERSIEfGCUTNX OFFICERS ARE: OTkFJI y1¢ PJSiI. OCATI!?N9IVEHICLEStSp�ClA61TENS DE8CA►P7WN OF OPERA t a�,k'�; ll;' y cn �j+j 1• t , ? n,. i � titaRitiitSllll4�d�•;��g BE OANClLLE6 B OKF TME 4 n�rrMi PCLNJI6 pNY OF THE ABOVE MPANV WILL ENDEAVOR TO MAIL �L tu 11'4 U1! =s, f�l� �'r (l�n : • SNDUL ISSUMIG CO IdAMEO TO TtW LOFT, EXPIRATION IyA� 11101110F, -ME n uI T -I QEI KATE NOLDER SQUTLI MIA�Z PAYS WRITTEN NOTICE TO t CITY 0 p gTM MT BUT PAI6URE TO MAIL SUCH I:CTCE Y L ITSPQ�ENT'SQ OR AREPR! INTATIVE$ ' PUBLIC WORK DEF .W . 7 5TH AVENUE OK NY KINC UPON TN1s MEAN 7 95 E'L+R�D� 3315CJ AUTHCR R 6ENTA yr��N! nn ��T �� .a 1' 1' j,y Cttt {{1p W+F S IL c " 1'i4tr `I' li4ki�9`.4t`1:41v11,xQ1y4 I�Swiaadb tt, 1 r r f � I .� ' ISt h 4hi d I r r H• 1`� 4Va�',},, �1!' �, �I iil S Ills 1:11:11 I ? ttttlrPI it11IYI { I 11 J r�r � h1l 4,1. v, b) l 1 �� µy�e� ,y8 ydll t i 1 vLfS yIM .lily jr i 1 f , iN N 1"till'�'1 }�r b A t nd'ar l•l i • �,x,,,�, ..,..„. �.- ;- .�;,�, •- =,*,gym„ r P r o a� ;g o cu m' = 'o o 0 CL 0 0 o O O o O -O. N O: O O CO O I- Lu O m O O O O O W 'r, Z.. Ot N C, O O. ti 'O < Cc O CD co N r a m v� tss va, cfr � � ttr O N 0:... O O ':N O) O O 0:m O Z O O! O O.D O '. N O O O {V O O tC O. O CD O O O 04 U*) N E9 b4. d3 fA EiJ to .� N -. co co C') co LU LO LO co p M U r. a O Q LU N N N N a ^ Y. O W CJ '�, }: O O O O O W i O O O 'N O �..a 0 E O O O � O 'A V/ � = u O O O O O 0 N O O IZ O' CO '.O O 1 N ILO N I,� O_ !< � �� t Efi Hi ER d3 Cf} a CL W Z �1 LL' — c N co Q co O Z 06 C> CY uj W m. p: Z Z'U O Z W L H' w Z c a M a2S O a1 CO N O to a c Cl) ° o +, �i Lu QCD fl- O O o L M C IM c � - rcM a m c o� O Q d - cn C _ -°u y � �2 r o a� ;g o cu m' = 'o o 0 CL From: Sanford A. Youkilis Subject: Agenda Item # 11 — Acting City Manager Approval of the Letter of Intent ,>JV for the Hammock House Property REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 'CITY MANAGER TO EXECUTE A LETTER OF INTENT TO PURCHASE REAL ESTATE FOR THE ACQUISITION` OF THE HAMMOCK HOUSE AND ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AS REQUIRED TO PROCEED WITH THE ACQUISITION OF THE HAMMOCK HOUSE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City has received two ,grants for the acquisition of the Hammock House property totaling $350,000. The City also committed and additional $50,000 of its own funding to purchase the property. However, the appraisal report commissioned by the City indicated the property's market value is $840,000, far exceeding the total funding available. Consequently, the City requested, authorization from the grant agencies to acquire the vacant portion of the property consisting of approximately one -third of the property at a cost of $280,000. Both grant agencies have approved the City's request. After several meetings with the sellers, the City is ready to present a Letter of Intent to Purchase Real Property outlining the conditions of the sale as mutually agreed by the City and the Seller. In addition to other conditions, the letter includes a provision which allows the City a two -year option to purchase the property. This provision` will be included in the contract as required by the SNP. A draft of the Letter of Intent to Purchase Real Property, which includes a copy of the survey and the original 2001 Resolution, is attached for your reference. RECOMMENDATION Approval is recommended. Attachment: Letter of Intent to Purchase Real Property SAY /OC AFFF'f:rs -m`. ,"'-•..:s, .a.. az°°' {. 't� ..S fi3:: 1 RESOLUTION NO. 2 3 4 A= RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO EXECUTE A LETTER OF INTENT TO PURCHASE REAL 7 ESTATE FOR THE ACQUISITION OF THE HAMMOCK HOUSE AND 8 ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AS 9 REQUIRED TO PROCEED WITH THE ACQUISITION OF THE 10 HAMMOCK HOUSE PROPERTY LOCATED AT 7800 S.W. 59TH AVENUE; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of South Miami received grant funding from the Office of Safe 15 Neighborhood Parks -(SNP) in the amount of $200,000 as well as the Land and Water 16 Conservation Fund (LWCF) in the amount of $150,000 to acquire the Hammock House property; 17 and 18 19 WHEREAS, the appraised value of the property exceeds the total funding available; and 20 21 WHEREAS, in consideration of the limited funding available, the SNP and the LWCF 22' have authorized the City to acquire 1/3 of the property provided that the City enter into a two- 23 year option agreement with the Seller; and 24 25 WHEREAS, the City and the Seller have negotiated terms for the sale of the property that 26 agreeable to all interested parties, including the grant agencies; and 27 28 WHEREAS, the City and the Seller wish to execute a Letter of Intent outlining the 29 conditions of the sale; and 30 31 WHEREAS, the City had previously entered into an option agreement with the seller 32 which expired December 31 2002; and 33 34 WHEREAS, time is of the essence for this transaction and the City wishes to move 35, rapidly with the acquisition process. 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI: 40 41 42 Section 1. The City Manager is authorized to execute the Letter of Intent for the 43 acquisition of the Hammock House property located at 7800 S.W. 59th Avenue. 44 45 Section 2. The City Manager is allowed to enter into negotiations on behalf of the 46 City as required to proceed with the acquisition of said property. . �'s`"""`?'°" °-x^'."- . — T--,-s._•- —ter-- . - �r -f--,- ,., ...} --.. rr s 47 Page 2 of 2 48 Section 3. This resolution shall take effect immediately upon arrival. 49 50 PASSED AND ADOPTED this day of , 2003. 51 52 ATTEST: APPROVED: 53 54 55', CITY CLERK " MAYOR 56' 57 Commission Vote:; 58 READ AND APPROVED AS TO FORM: Mayor Feliu: 59 Vice Mayor Russell: 60 Commissioner Bethel: 61 Commissioner McCrea: 62 Commissioner Wiscombe: 63 CITY ATTORNEY Page 2 of 2 DRAFT LETTER OF INTENT TO PURCHASE REAL PROPERTY The purpose of this letter is to set forth some of the basic terms and conditions of the proposed purchase by the City of South Miami (the `Buyer ") of approximately one -third of the certain real estate located at 7800 S.W. 59th Avenue, South Miami, Florida 33143, further described in Section 2 of this Letter entitled "Description of Property ". The terms set forth in this Letter will not be legally binding until such time as the City Commission approves and authorizes a more detailed "Purchase Agreement 1. SELLER. Mr. Garrett Van Smith, Mr. Anthony Van Smith, as Trustees of that certain Declaration of Trust dated March 15, 1968. 2. 'DESCRIPTION OF PROPERTY Folio No.- 09- 4036 -039 -0020 Area proposed for initial acquisition: 'Lots 11, 12, and 13 as further identified in Attachment "A" 3. PRICE In consideration of the previous payments made by the Buyer on behalf of the Seller, as specified in Resolution No. 169 -01 -11317 incorporated hereto as Attachment `B' , the proposed purchase price for the initial acquisition is $280,000, or an amount equal to one -third of the appraised market value as specified in the appraisal commissioned by the City, dated September 27, 2002. 4. SPECIAL CONDITIONS As agreed by the Buyer and the Seller, the special conditions of the proposed acquisition are as follows: a) During a period of two years after the date of closing ( "option period "), the Buyer will have the exclusive right to exercise the option to acquire the remaining two - thirds of the property, otherwise identified as lots 7, 8, 9, 10, 16, 17, 18, and 19 in Attachment "A" and further described in the "Purchase Agreement" document. Buyer agrees to re -plat said property at no additional cost to the Seller as provided in the "Purchase Agreement" document. For the duration of the option period, the Buyer agrees to pay the ad valorem taxes for the nonexempt` remaining two- thirds of the property. b) In the event the Buyer chooses to exercise the option to buy, the Buyer agrees to purchase the remaining two- thirds of the property for an amount no less than or exceeding $560,000. Furthermore, Mr. Garret Van Smith will be allowed to reside in the existing structure until his death or voluntary moving. At which time, the Buyer is free to determine whether to keep or demolish the structure. c) The Buyer proposes to acquire this property for the purpose of establishing a passive park in accordance with the grant agreements between the City of South Miami and the Land and Water Conservation Fund and the Office of Safe Neighborhood' Parks. That such park shall be named the "Van, Smith Park ". Page l of 2 DRAFT d) The Buyer agrees to pay all closing costs related to this transaction as provided in the "Purchase Agreement" document. e) The Seller will be responsible for any and all past due taxes, loans, and liens still outstanding at the time of closing, with the exception of the past due ad valorem taxes for calendar year 2000 estimated at $7,000. Said expense will be assumed by the Buyer as specified in the "Purchase Agreement" document. 5. STAND STILL: Seller shall not initiate or carry on negotiations for the sale of the Real Estate with any party other than Buyer unless either: (1) Buyer and Seller fail to enter into a binding Purchase Agreement by , or (2) Buyer and Seller agree in writing to abandon this Letter of Intent. Said Purchase Agreement shall fully set forth the final terms and conditions of the sale and sale option consistent with the terms of this Letter of Intent. The undersigned hereby accept the general terms contained in this Letter of Intent. That this document shall become effective this day of 2003. BUYER: Signature Name and Title Agency Name Date SELLER: Signature Garrett Van Smith, Trustee Printed Name` Signature Anthony Van Smith, Trustee Printed Name Page '2 of 2 u1 :"r's� r, .3� ^a.-`_ _,_. „ ,, rca tr-,, ,,- °-�,dr.'.rx_^F€�^; ..} r-,�. *F;-"`�a. ,-r;..; ., r,M. ,, tv'"1. - x�,,;, =.t��-r„ -,-'. „7 „r.�, �a .. --,�. ��:-� -.. a, � -� ,��,,w .^t.�s'`:is_e ,,�'�T� +r.: .'•"3`: i- �.g^� -�x, T;"`�'�: s.�..rt,«.'�a- trc�,.._.v�;�, ,,r -�'aa�,�ar^ .. RESOLUTION NO. 169-01-11317 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH' MIAMI, FLORIDA, RELATING TO REAL PROPERTY; APPROVING AN AMENDMENT TO A CONTRACT TO PURCHASE 7800 SW 59 AVENUE [HAMMOCK HOUSE], EXTENDING OPTION PERIOD TO DECEMBER 31 20025 AUTHORIZING PAYMENT OF 1999 AD VALOREM TAXES IN THE AMOUNT OF $7,283.30 PLUS ADDITIONAL ACCRUED INTEREST FROM OCTOBER 31, 2001 TO THE DATE OF PAYMENT; AND CHARGING ACCOUNT NO, 100 - 519 -9920; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 16, 2001 the Mayor and City Commission of the City of South Miami approved Resolution No. 14 -01 -11162 approving an option contract to purchase real estate located at 7800 SW 59 Avenue, commonly' referred to as the Hammock House; and, WHEREAS, the contract grants the City an exclusive option to purchase the property by December 31, 2001 upon payment by the City of 1998 ad valorem taxes, at a price to be determined by averaging the estimated fair market value of the property given by one to three appraisers, and upon the City accomplishing a transfer of title by trust and probate proceedings, or otherwise as counsel for the City deems appropriate; and, WHEREAS, the 'contract may be extended to December 31, 2002 upon payment by the City of the 1999 ad valorem taxes; and, WHEREAS, the City agreed to advance the cost of counsel for the Van Smith heirs for an amount not to exceed $1,800; and,' WHEREAS, the costs of the 1999 and 2000 taxes, %2 of the appraisal fees' and the Van Smith counsel fees will be credited to the amount owed by the City at the time of closing, or, in the event the City does not purchase the property, the taxes and counsel fees (but not appraisal fees) will be reimbursed to the City; and, WHEREAS, the City desires to extend the option period to December 31, 2002 and to amend the contract to effect the extension and several other changes. Additions shown by underlining and deletions shown by o =1g. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;` Section 1. The option period is extended to December 31, 2002. The Addendum to Option to Purchase Real Estate, which is attached to this resolution as App.I is approved. The City Manager is authorized and directed to execute the amendment on behalf of the City of South Miami. Section 2. The City Manager is directed to pay the 1999 ad valorem taxes and to redeem the tax certificate for the amount of $7,283.30 plus additional accrued interest from October 31, 2001 to the date of payment, and to charge Account No. 2100 -519 -9920. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6thdayOf November , 20 01 ATTEST APPROVED: CITY CLERK MAYOR COMMISSION VOTE: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robaina: Yea � Vice Mayor Feliu: Yea Commissioner Wiscombe: Yea CITY ATTORNEY Commissioner Bethel:' Yea Commissioner Russell: Yea Res. #169-01-11317 Page 2 of 2 APPRAISAL REPORT ADDENDUM �h, Dm • w H VI rip u 'IIIIU I n�• -v ' v.. Ir wlnE >x x, in C O x -I------- -------- - - - - -- -__ _ n -1 Ii1 I as n bm A m mW, I s. to 10 off _ as +S 10 r I 49 J ' R i ° !A Z O m ''fj ••i p lAp m ( 1 1 of it F n .c a^• c 9 ° y ct y� N 0 y ZLa n M V �Vyp1 A fit < - ... �• U , ya7 n ,il ,I Al m p ij ii H M O I I 0 too •'' ai En 0 ,� A JI '` ( pooy ��`" u lo H H (� n cMi rHnr m ro H �..J ��' I I rri i .n �p °I x'rl M ro M H I L � N• ro Z H N H M 7a :M -- A .� A cm, 1C PARKWAY f6Z79'(R&M) r.l.v In• r.1.v ux• F tomo. �'' 0 3 to C O N •• M C C N-- - -• W l o - N o�ro �H n IV ACPH"LI z - rxiro - t7— _ ' y o o In o o v, S. W 59th AVENUE j m 003 •I 3 o ff rn ai t' 7 Z ( r" W tl hf Y bf. C N M:ro r ,O ul c O hoy1yN oo No °e HH MHt7� O ul -a O 9C�H ro o�9 S, ydyro rl o — n rpw p p !� CQ", xx m z I DD 0) 0 22.57 14Cr 0 H `En N x, H t!� rn M In y FC J CA o H rn io [*i M to .', o H aOH. y U pa En co N1' In •,� M � i ! .n L a4 h. tTl h"' O y a O i •v t-+ O''.. IJ c r+' rron 0M o H �ir- Oro e �� cn M ny oo d- � • I SURVEY ,.; .«;;,�.��, . , '...-4 ^�`, .��s. �,:. ��=fi*,'�'�,,',` '.;,�# -`'�"� , rte€: x:, az , r��. r;'w Vii: �'��"-i nom•" :3s • •r=.�- ,5'cc, -�,• •^r„. ; � , '3,;� "�"� � I 3 •� So u r�r Sol o� CITY OF SOUTH MIAMI k INTER- OFFICE MEMORANDUM E. Al U INCORPORATED 1.927 ORiv 2001 To: Honorable Mayor, Vice Mayor Date: March 18, 2003 and City Commission Agenda Item # J Sanford A. Youkilis Subject: A Af From: g Acting City Manager Approval of First Amendment to Series 02 Contract with the SNP REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE SERIES 02 CONTRACT WITH THE OFFICE OF SAFE NEIGHBORHOOD PARKS (SNP) FOR THE HAMMOCK HOUSE; ACQUISITION; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City received $200,000 from the SNP for the acquisition of the Hammock House property located at 7800 S.W. 59th Avenue. In addition, the City also received a grant from the Land and Water Conservation Fund in the amount of $150,000 for the same purpose. Since both agencies required a dollar for dollar match, the grants would serve to match one another with the City providing $50,000 to cover the shortage, for a total of $400,000. Pursuant to grant guidelines,. the City commissioned an appraisal which shows the property's market value is $840,000. Due to the funding limitation, the City requested a contract amendment from both grant agencies that would allow for the acquisition of the vacant portion of the property which accounts for approximately 1/3 of the entire property. The City's request for an amendment was approved by the SNP Oversight Committee with the condition that the City negotiate a two -year option to purchase the remaining 2/3 of the property: The City was able to negotiate such provision with the seller. The attached Resolution will allow the City Manager to execute the First Amendment to the Series 02 SNP contract, which authorizes the City to purchase the proposed 1/3 of the Hammock House property. RECOMMENDATION Approval is recommended. Attachment: First Amendment to Series 02 Contract Resolution No. 27 -02 -11376 approving the original contract SAY /OC M 7 ,r „ , 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 5 CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO 6 THE SERIES 02 CONTRACT WITH THE OFFICE OF SAFE 7 NEIGHBORHOOD PARKS (SNP) FOR THE HAMMOCK HOUSE; 8 ACQUISITION; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City of South Miami was the recipient of a grant award from the SNP in 11 the amount of $200,000 to acquire the Hammock House property; and 12 13 WHEREAS, the appraisal report commissioned by the City concluded the property's 14 market value is $840,000; and 15 16 WHEREAS; only $350,000 are available in < grant funding for the acquisition of the 17 property; and 18 19 WHERE, due to the funding limitation, the City has requested an amendment of the SNP 20 grant contract which authorizes the City to purchase the easternmost vacant portion of the 21 property, or approximately one -third of the total acreage; and 22 23 WHEREAS, the portion proposed for acquisition will accommodate a passive park and 24 parking area for access; and 25 26 WHEREAS, the City has received approval from the SNP to amend the original scope 27 and purchase the proposed one -third of the Hammock House property. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI: 31 32 Section 1. The City Manager is authorized to execute the First Amendment to 33 Series 02 Contract with the SNP. 34 35 Section 2. This resolution shall take effect immediately upon arrival. 36 37 PASSED AND ADOPTED this day of - , 2003. 38 39 ATTEST: APPROVED: 40 41 42 CITY CLERK MAYOR 43 44 Commission Vote: 45 READ AND APPROVED AS TO FORM: Mayor Feliu: 46 Vice Mayor Russell: 47 Commissioner Bethel: 48 Commissioner McCrea: 49 Commissioner Wiscombe: 50 CITY ATTORNEY EXHIBIT _ 2 _ FIRST AMENDMENT TO SERIES 02 CONTRACT INTEREST EARNINGS (Pre- Agreement Land Acquisition) THIS AMENDMENT TO CONTRACT, entered into this day of 200_, by and between Miami -Dade County, a, political subdivision of the State of Florida (County) through its Office of Safe Neighborhood Parks (Office), located at 10710 S.W. 211 Street, Room 109, Miami, FL 33189, and City of South Miami having offices at 6130 Sunset Drive, South Miami, FL 33143 (Grantee), WITNESS'ETH: WHEREAS, by Resolution No. R311 -02, passed and adopted on March 26,- 2002, the Board of County Commissioners authorized a Contract between the above named parties for the rendering of Safe Neighborhood Parks Bond Project(s); and WHEREAS, both Office of Safe Neighborhood Parks and City of South Miami are desirous of amending said Contract to accomplish the purposes set forth below, NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereto agree as follows: 1. Section IV, Amount Payable is amended to read as follows: The maximum amount payable for the project(s) rendered under this .�- ^^,��gt?,;; +•Y -t','e F;i�''t ; �;" hf"' �" �- '�..�.�,�F�w�.-- 4.- s1r,r..;;r�� r.�,r,=,rzp"t as . +ST,.'St °-'YRz`�a�f"5;� 3 �,„k".�s,: �" .�-e r�,., EXHIBIT 2 Agreement, shall not exceed $200,000 unless otherwise amended. 2. Section XVII; paragraph H is amended to read as follows: Exhibit(s) 1 thru 2 Approved Project(s) and Budget(s) This exhibit replaces those exhibits that were approved in the original agreement dated May 3. 2002 or in the prior amendment dated Not Applicable. In all other respects the Contract shall remain in full force and effect in accordance with the terms and conditions specified therein. IN WITNESS WHEREOF the parties have caused this Amendment to Contract to be executed on their behalf as of the date first above written. Signature Title Name (typed) ATTEST: By By; Name /Title (Corporate Seal) zoo [M SXHVd Q00H21011HDIHN HdVS 0908` "TL6 50£ XVA ZS:VT Haj, £OOZ /Ti /£o EXHIBIT 2` APPROVED AS TO FORM AND MIAMI -DADE COUNTY, FL LEGAL SUFFICIENCY By: By: County Attorney Steve Shiver County Manager ATTEST HARVEY RUVIN, CLERK By: Deputy Clerk ..rWrrrn." .�Earnrngs � citisens' ... - ! OYCfSl[, jfJ{' COIl71111L'CEB safe; . nerghborhoo� EXHIBIT 1 parks District 6 CITY OF SOUTH MIAMI HAMMOCK PARK PUCHASE UNDEVELOPED PORTION OF A 1.3 ACRE SITE THAT IS DECLARED "CRITICALLY IMPERILED" WITH AT LEAST A TWO (2) YEAR OPTION TO BUY THE REMAINING PORTION. Fiscal Year Fiscal Year Fiscal Year TOTAL BUDGET ITEMS 2002 -2003 2003 -2004 2004 -2005 SNP AWARD PLANNING 1 0 �- 0�, 0 DESIGN 0 — 0 I 701 ° PROJECT ADMINISTRATION 0 0 0 0 LAND /BLDG ACQUISITION 200,000 0 _51 200,000 CONSTRUCTION 70-1 o 0 0 :0:1 0 0 0 0 0 :0:1 0 0 ° o _o 0 0 0 -0-1 0 0 2:1 0 Oil 0 o -- °� ° Pre- Agreement Soft Costs O 0 1 0 0 Construction Contingency 0 0 0 TOTAL CONSTRUCTION ART ALLOWANCE (Miami -Dade Only) 0 0 0 0 FIXTURES, FURNITURE, EQUIPMENT" 01 I 0 b 0 OTHER COSTS 0 0 oil 0 0 0 0 0 0 0 0 0 0 0 0 ° 011 0 Oil 0 PROJECT CONTINGENCY 1 0 701 0 0 EXPENDITURE TOTALS 20070 0 0 200,O0o Rpmarkc CASH MATCH REQUIRED. ° South Miami All- America CRY U INCORPORATED 1427 �ORSOP 2001 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor Date: March 18, 2003 and City Commission ri From: Sanford A. Youkilis Subject: Agenda Item # Acting City Manager Acceptance of a LWCF Grant for Brewer Park RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,! FLORIDA, ACCEPTING A GRANT FROM THE LAND AND WATER CONSERVATION FUND (LWCF) IN THE AMOUNT OF $100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK; AUTHORIZING THE CITY MANAGER TO 'EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.' BACKGROUND AND ANALYSIS The City of South Miami previously applied to the Land and Water Conservation Fund Program administered by the Florida Department of Environmental Protection. This program awards funds for park land acquisition and park development projects. Pursuant to its application, the City of South Miami was awarded the sum of $100,000 for renovations at Brewer Park. This program requires a dollar- for - dollar matching contribution. Eighty percent of the matching is required to be provided through in -kind services, and the remaining twenty percent must be provided in cash. The cash contribution will be provided by the Parks and Recreation Department over the span of the grant period. The attached resolution will allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. RECOMMENDATION Approval is recommended. Attachment: LWCF Grant Contract SAY /OC .. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING A, 5 GRANT FROM THE LAND AND WATER CONSERVATION $ FUND (LWCF) IN THE AMOUNT OF $100,000 FOR VARIOUS 7 IMPROVEMENTS TO BREWER PARK; AUTHORIZING THE 8 CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS, 9 AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the Florida Department of Environmental Protection's Land & Water" 13 Conservation Fund (LWCF) Program helps communities to meet their recreational needs; and 14 15 WHEREAS, the City of South Miami submitted an application to obtain $100,000 for the 16 purpose of renovating Brewer Park; and 17 18 WHEREAS, the Florida Department of Environmental Protection has awarded the City 19 $100,000 for the Brewer Park improvement project; and 20 21 WHEREAS, the grant requires a:dollar- for - dollar match that would consist of the City's 22 $200,000 Safe Neighborhood Parks Grant for this project; 23 24 :NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI: 26 27 Section 1. The 'City Manager is authorized to accept the LWCF grant in the amount 28 of $100;,000. 29 30 Section 2. The City Manager is authorized'to execute contracts and other applicable 31 documents relating to the acceptance of the LWCF Grant award. 32 33 Section 3. This resolution shall take effect immediately upon arrival. 34 35 PASSED AND ADOPTED this day of 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Bethel: 46 Commissioner McCrea: 47 Commissioner Wiscombe: 48 CITY ATTORNEY 12 -00437 LW437 (LWCF Project Number) DEP Contract Number CFDA Number: 15 -91 -6 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001 -2002 PROJECT AGREEMENT - DEVELOPMENT This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter called the "Department "), and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter called the "Grantee ") a local government, in furtherance' of the Brewer Park Improvements project, an approved outdoor recreation project. WHEREAS, the Department receives funds for the purpose of passing, through the agency as grants' to `other entities in accordance with Section °375:021 (4) , Florida Statutes' ;' and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department`to receive, grants for outdoor recreation and conservation; and, WHEREAS, the Grantee has submitted Project Application number 309, which has been ,approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained' herein, the Department and Grantee do hereby agree as follows: 1. This .Project Agreement shall be effective upon execution of this Project Agreement and end no later than 36 months from execution of the Project Agreement,; inclusive. The Project Agreement shall be performed in accordance with Chapter 62D -5, Part VII, Florida Administrative Code,_ (hereinafter called the Rule), the Land and -Water Conservation Fund (LWCF) Act of 1965, Public Law 88 -578, 78 Stat 897, as amended, (hereinafter called the Program), and in accordance with general provisions for such agreements prescribed by the United States Department of the ,Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual, (hereinafter called the Manual). The Grantee agrees DEP Agreement No. LW437 Page 1 of 14 -- fi s ..; . au to become - familiar with all provisions and comply with the Rule, effective July 15, 2001, and Manual, which are incorporated into this Project_ Agreement by reference, as if fully set forth herein In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary to the requirements of the Acts of Congress or of the regulations of the Secretary of the Interior. 2 The Department has found that public outdoor recreation is the primary purpose of the project known as Brewer -Park Improvements (Land and Water Conservation Fund, LWCF Project Number 12- 00437), hereinafter called the Project, and enters into this Project Agreement with the Grantee for the development of that real property, the legal description lof which shall be submitted to the Department as described in the Land and water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS- A048. The Approved Project Application, which includes the Project Elements (description of _project, detailed budget, and anticipated deliverables), is incorporated into this Project Agreement" by reference as if fully set forth herein'. Any revisions to the Project Elements as set forth' in the Approved Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement 3 The Grantee shall construct, or cause to be constructed, specified public outdoor recreation facilities and improvements consisting of the following Project Elements which may be modified by the Department if Grantee shows good cause: fishing pier, picnic facilities, playground, lighting, landscaping and renovation of tennis, handball and basketball courts, playground equipment, parking, and other related support facilities. 4 The Project Elements identified in Paragraph 3 herein shall be designed and constructed substantially °` in accordance with the conceptual site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and compatible, with the environment. Plans and specifications for Project Site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be DEP, Agreement No. LW437 Page 2 of 14 fi.. given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered' architect or engineer licensed in accordance with the laws of the State of Florida 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to exceed $200,000.00, which will pay' said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department Program Amount $100,000.00 Grantee Match Amount $100,000.00 Total Project Cost $200,000.00 Type of Match [Cash and /or in -kind Services] B. Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for the Project If the documentation is sufficient and meets the 'requirements of the Land and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS-A051, referenced in s. 62D- 5.073(7) (e)2, the Department will approve the request for payment. 6.' In addition to the invoicing requirements contained' in paragraph 5 above, the - Department will periodically;' request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including ,cost allocation guidelines), as appropriate'. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post - audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at http: / /www.dbf.state.fl.us /aadir /tochandbk.html and allowable DEP Agreement No. LW437 Page 3 of 14 costs_ for federal programs can be found under 48 CFR Part 31 at http: / /www.access.gpoigov/ nara /cfr /cfr- table- search.html and OMB Circulars A -87, A -122, A -21, at http:- / /www.whitehouse.gov /omb /circulars /index.html #numerical. 7. Reimbursement for travel expenses is not authorized under this Project Agreement. - 8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein.' All purchases of goods and services for accomplishment of the Project shall be secured in accordance with the Grantee's adopted procurement procedures. Expenses representing the Project costs, including the required matching contribution, shall be reported to the Department and summarized on certification forms provided in the Procedure. The Department- and Grantee agree to use the Procedure guidelines in accounting for LWCF !funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum' reporting requirements of the Procedure shall be used. 9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the Grantee's eligible salaries /wages. Indirect costs that exceed 15% must be approved in advance in writing by the Department to be considered eligible Project expenses. 10. Project funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D- 5.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as set forth in s.62D- 5.073 (2)(a) of the Rule. The Department and the Grantee fully understand and agree that there shall` be no reimbursement of Project funds by the Department for any expenditure made prior to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. Preagreement Costs Approved: None 11. Prior to commencement of Project development, the Grantee shall submit the documentation required by the Land and Water Conservation Fund' Program Development Project Commencement Documentation Form, DEP Form FPS -A050, referenced in s. 62D- 5.073 (7) (e) ' of the Rule, to the - Department. Upon determining that the documentation DEP Agreement No. LW437 Page 4 of 14 complies with the Rule, the Department will give written notice to Grantee to commence the development and approve the request for payment. Therefore, the Grantee shall formally acknowledge receipt of the following documents after execution of this Project Agreement. It is understood that the documents listed below must be filled out by the Grantee and returned to the Department after execution of this Project Agreement Required Project Commencement Documentation for Development Agreements A) Boundary Survey B) Title Search C) Certification of Manual Possession D) Site Plan (2 copies) E) List of Facilities and Improvements for Construction with Related Costs F) Permitting Certification G) Division of Recreation and Parks' - Grant and Contract Accountability Procedures. 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement` of Project construction and shall certify that it has 'done so to the Department by completing the Permitting' Certification, DEP Form FPS -A052, referenced in s. 62D- 5.073(7)(e)(1) of the Rule. 13. The Grantee shall complete all Project construction by the completion date of 14 Project completion means the Project is open and available for use by the public. The Project must be completed prior to release of final reimbursement. 15. The Grantee shall maintain books, records and document directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similaly require wach subcontractor to maintain and allow access to such records for audit purposes DEP Agreement No. LW437 Page 5 of 14 16. In addition to the provisions contained in Paragraph 15 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit -1, must be provided to the Grantee with each amendment which authorizes a',funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment' A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit -1, the Grantee shall notify the Department's Grant Manager at 850/488 -7896 to request a copy of the updated information. 17. Following receipt' of an audit report identifying_ any reimbursement due the Department for the Grantee's noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty' (30) days to submit additional pertinent documentation to offset the amount' identified as being due to the Department. The Department, following ,a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement 'due the Department. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self- insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly, to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self- insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In ease any class of employees engaged in hazardous work under this Agreement is not protected under Florida Workers' Compensation law,' the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 20. The purchase of non- expendable equipment is not authorized under the terms of this Agreement. DEP Agreement No. LW437 Page 6 :of 14 21 The Department's Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified in the Project Application, or successor,' shall act on behalf of the Grantee relative to the provisions of this Project Agreement The Grantee's Liaison Agent, shall submit to the Department signed Project status reports every ninety ('90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Photographs to reflect the construction work accomplished shall be submitted whenthe Department requests them. Any and all notices shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax) or by hand - delivery to the parties at the "following addresses: Grantee's Liaison Agent Ms. Olga Cadaval, Grants Administrator City of South Miami 6130 Sunset Drive South Miami, FL, 33143 Phone: 305/663 -6318 Suncom Phone: Fax: 305/663 -6345 Email: ocadaval @cityofsouthmiami.net Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399 -3000 Phone: (850) 488 -7896 Suncom Phone: 278 -7896' Fax: (850) 488 -36.65 Suncom Fax: 278 -3665 Email: collier.clark @dep.state.fl.us 22. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI and the Department 23 The Department and USDOI have the right to inspect the Project and any and all records related thereto at any reasonable time. DEP Agreement No. LW437 Page 7 of 14 24. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the Project the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non - compliance with the material terms of this Project Agreement. The Grantee, upon such written notification from the Department, shall refund, and 'shall forthwith 'pay to the Department, the amount of money demanded by the Department. Interest on any refund shall begin the date that the Grantee was informed that a, refund was required until" the total refund and interest is paid to the Department, 26. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a'refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded: 27. The Grantee shall comply with all federal, state and local laws, rules, regulations and ordinances- in developing this Project. The Grantee acknowledges that this ,requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The Grantee further agrees to ensure that the Grantee's contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 28. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. - Following completion of Project construction, the Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. DEP Ag eement No. LW437 Page 8 of 14 29. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportations specifications for road and bridge construction. Bid specifications, contracts and /or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 30. By acceptance of the provisions of this Project Agreement,, the Grantee does hereby agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor recreation site for the use and benefit of the public, as stated in s. 62D- 5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said dedication on behalf of the general public of the State of Florida. The Grantee represents that it has sufficient site control to enable; this dedication. All dedications must be promptly recorded in the county's official public records by the Grantee. 31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-5.074(2) of the Rule. The Project site, Project- related facilities, and any future outdoor recreation facilities developed on the Project site shall be open to the general' public for outdoor recreation use, maintained in accordance with 'applicable health and safety standards, and kept in good repair to prevent" undue deterioration and provide for safe public use. The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project- related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to any and all current or future development of facilities on the Project site, if said development is not described in Paragraph 3 herein. 32. The Grantee shall not, for any reason, convert all or any portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f) (3) of the LWCF Act and the Manual and s. 62D- 5.074(3) of the Rule. 33. Failure to comply` with the provisions of the Rule or the terms and conditions of this Agreement- will result in cancellation of the Project Agreement by the Department. The Department shall give the Grantee in violation of the Rule or this Project Agreement 'a notice in writing of the particular violations stating a reasonable time to comply. DEP Agreement No. LW437 Page 9 of 14 7 , rs.; Tibi . -1,3,, ,£ . ; ` 34. In the event of conflict in the provisions of the Rule, the Project Agreement -- and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project' Agreement shall control over the Project Application documents 35 If the Department determines that site control is not sufficient under the Rule or has been compromised, the Department shall give the applicant a notice in ,writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 36. In accordance with the LWCF.Act Program funds will be made available contingent upon an annual appropriation to each State by Congress. The State of Florida's` performance and obligation` to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 37. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December '22, 1989,` by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer' or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal amending or modifying of any Federal contract, grant, or cooperative agreement If any non - Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment B, Standard Form -LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file', quarterly updates of any material changes The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (43 CFR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 38. A. No person on the grounds of race, creed, _ color, national origin, age, sex, marital status or DEP Agreement No. LW437 Page 10 of 14 ,. a..F -,J . _. z—s ....emu.. „.. z t--- --_ff- •.,. = a-.;T i a,""-s6i .. . „. „.. '.?.c, ""^.h- rte,.t '_";:�'''s''?'> *r ,nx.;' „ z mm disability, shall be excluded from participation in; be denied the ,proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory- vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any - public entity., and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850)487` -0915. 39. Each party hereto agrees that it shall be solely responsible for the wrongful acts; of its employees and agents. However, nothing contained herein shall constitute a waiver by either; party of its sovereign immunity or the provisions of s. 768` =.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 40 A person or affiliate who has been placed on the convicted vendor list following .a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of :36 months from the date of being placed on the convicted vendor list 41. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR Part 12.100 - .510), the Grantee shall agree and certify` that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier DEP Agreement No. LW437 Page 11 of 14 contract, or other covered transaction, with a person who is similarly debarred or suspended from participating` in this covered transaction, unless authorized in writing by USDOI to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled "Certification Regarding' Debarments, Suspension, Ineligibility and Voluntary Exclusion- - Lower Tier Federally Funded Transactions ", attached hereto and made a part hereof as Attachment C. C. As required by paragraphs A and B- above, ' the - Grantee shall include the language of this section, and Attachment C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 42. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating_ the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 43. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 44. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement- of the parties hereto. 45. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the Department. DEP Agreement No. LW437 Page 12 of 14 ; ... , " "_.. ." W, .,'T b �7, 46 This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project, Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LW437 Page 13 of 14 „. f . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT CITY OF SOUTH MIAMI OF ENVIRONMENTAL PROTECTION By: By: Division Director Person Authorized to Sign Division. of Recreation and Parks and State Liaison Offices (Or Designee) Printed Name Date: Title Date: Address: Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 -3000 a- �-' UL DEP Grant Manager Approved as to Form and Legality for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages -) Attachment C - Certification Regarding Debarment /Suspension (2 pages) FPS -A046 Revised 01/03 DEP Agreement No. LW437 Page 14 of 14" ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department ", "DEP" 7DEP" or ` "Grantor" or :other name in the contract /agreement) to the recipient (which may referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor` General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non -profit organization' as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have `a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised.: audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as "revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part- 1 paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hllp:Haspe.os.dhhs.gov/cfd REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LW437, Attachment A, Page l of 5 DEP -55- 215 (01/02) PART IL• STATE FUNDED - This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or ;10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State' financial assistance received from the Department of Environmental Protection, 'other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida' Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 ; (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial' assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance' (CSFA), a recipient should access the Florida Single Audit Act website located at b.4p://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget`website located at http: / /www.eog.state.fl.us/ for assistance. In addition to the above websites, the following websites` may be accessed for information: Legislature's Website hlW: / /www.leg.state.fl.us /, Governor's ! Website http: / /www.flaov.com/, Department' of Banking and Finance's Website hMt / /www.db£state.fl.us /, and the Auditor General's Website hllp: / /www.state.fl.us /aud' eg_n. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with ;other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: j Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 DEP Agreement No. LW437, Attachment A, Page 2 of 5 DEP 55 -215 (01/02) �€F ; 3r, �' -, s -�^ B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A =133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section 320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following; A. The Department of Environmental Protection at the following address:' Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. - The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450' 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directl to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A`133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650, (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LW437, Attachment A, Page of 5 DEP 55 -215 (01/02) 71M PART Vc RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement„ for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LW437, Attachment A, Page 4 of 5 DEP 55 -215 (01/02) Z J O LU LL 0 �{ H z N uU m �"' z = w W LU W uj (i a H O z Q D fly a H z LU CL ui fr LU 0 LU 0 (i Q Ln z D LL O M +� .,O O *° f LL U u c +O+ CY f0 C..2 c LL. 2 m O q L Q. u I- a+ Q C a 0 C ._ N O QO O ao Cl C) O C O C> O ._ t 0 ._ d E y T C) D Q {fj• O � � C C •0 d :3 . C B C o 0 c O O LL. u u u `v Q ro f6 d .4_+ 0 V. C N iL N ai �U) V C 0 N U C 2 5, ~ L- V; >ro d O E 0 U. LL :3 Ln O fo E Q U LA.. � H c fo Q .0 J E fn H N u o u C i ko 0 a C,3 i 0 E 'U a v z' C 14- C O 'fD 0 V L CnB V aLL n �V f=0 ate.+ f0 N EE .2 y O U a V- 0 U) fnU�� _ �6 Q(Up �a Q E 0 O o a� CID L L o u L a a "- o L L O V1 fn u (� i LL � tCi �_ L dl G' p ` U � Im v . Ci L cu 10 i fL0 -0 c f)• = ?.. 6.0 LL z Ln U. a, C E t a� C O a., O f LL U u c +0+ U LL. Cn Oi q L 0- u. 10 w L a+ Q C a 0 LA ._ N O C C) O O C> O ._ t 0 ._ d E y T C) D Q O � � C d :3 . C B LL o 0 c � Z!, u u u `v Q ro f6 d L � C O ai i7. �. N V �..'. _ •O 5, ~ L- V; O E 0 U. LL :3 Ln O E U LA.. •�uC _ c Q O E fn H N u o u 'c LL' 0 a C,3 'U U ++,Q N 14- C O 0 V L CnB V aLL n Q: L f=0 ate.+ f0 N EE .2 y nz U) fnU�� _ �6 Q(Up N C 0 O o C+O+ o u a I ° ro L L O V1 L u � 7' a LL �_ L dl G' p ` U � Im v . Ci ,0 cu 10 G7 a+ 0 6.0 Ln a, C E t a� L (0r� O, ON z o 3 3 LL a V) U fu a� FA V B ai .. 'n L L C W W. �Lw L1 G] d Ln O 0 CL f LL U u c U v q L 10 w L m V, .N N C a 0 ._ L V 7 C) E 8v C> O ._ t 0 ._ C1 y T C) D . C o 0 c � Z!, u u u `v Q ro f6 ai V �..'. 5, E E •�uC Q N Q E fn N u o u 0 a C,3 'U ++,Q N C O f0 aLL n EE .2 y U B U) _ �6 Q(Up N C 0 O o o u a w, L L O V1 O � � �_ L dl p ` U � Im v . d 7 10 6.0 E t a� (0r� O, ON z o 2 O.2 V) U fu a� s0+ N B ai .. 'n L C W W. �Lw L1 G] Approved by OMB 0348 -0046' ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: El a. contract a. bid/offer /application a. initial filing b. grant b. material change c. cooperative agreement b. initial award d. loan c. post -award For Material Change Only: e. loan guarantee f. loan insurance year quarter - date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: S. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) SF -LLLA, if necessary) Signature: 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required n,..c, # f.'41 17 C. f 14C2 This information will he renorted to Coneress' Title: y INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a'material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a +'Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward 'recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization riling the report in item 4 checks "Subawardee ", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award' or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the' most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB)'number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency)." Include prefixes, e.g., "RFP -DE -90 -001:' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)' Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s), "performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including ;suggestions for reducing this iburden, to the Office of Management and Budget, Paperwork Reduction Project Washington, D.C. 20503. Form DEP 55 -221 (01/01) DEP Agreement No. LW437, Attachment B, Page 2 of 2 ATTACHMENT C CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW437 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended,, proposed for debarment, declared ineligible, or voluntarily excluded fromparticipation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti -trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three -year period preceding this certification had one or more public transactions (Federal; State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of 20 By Authorized Signature /Contractor Typed Name/Title Contractor's Firm Name Street Address Building, Suite Number City/State /Zip Code Area Code /Telephone Number Form DEP 55 -220 (01/01) Page 1 of 2 DEP Agreement No. LW437, Attachment C, Page 1 of 2 f INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies; including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become 'erroneous by reason of changed circumstances. " 4. The terms covered transaction, debarred, ;suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded; as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or "voluntarily excluded from participation in this covered' transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary ; Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered` transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202)501 -4740 or (202) 501 - 4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and 'information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including' suspension and/or debarment. DEP FORM 55 -220 (01/01) Page 2 of 2 DEP Agreement No. LW437, Attachment C, Page 2 of 2 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: March 31, 2003 City Commission ITEM No. From: Sanford A. Youkilis RE: Resolution on Snapper Creek Acting City Manage Annexation Mitigation Payment A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE SNAPPERCREEK ANNEXATION APPLICATION; REQUESTING THE MIAMI -DADE BOARD OF COUNTY COMMISSIONERS NOT IMPLEMENT THE PROPOSED MITIGATION FEES SO THAT MAXIMUM FUNDS CAN BE INVESTED IN SERVICE IMPROVEMENTS AND CAPITAL PROJECTS IN THE ANNEXATION AREA; PROVIDING AN EFFECTIVE DATE. BACKGROUND The Snapper Creek Annexation application was unanimously approved by the County's Boundaries Commission, the Planning Advisory Board, the Annexation/Incorporation Subcommittee, and the Budget and Finance Committee. At least two of these meetings were noticed public hearings. The annexation will be presented to the full Board of County Commissioners at their April 8, 2003 meeting, at which time the Board will instruct the County Attorney to prepare, an annexation ( "boundaries change ") ordinance. This ordinance will specify any conditions placed on the annexation and will direct the elections department to schedule a vote of the residents in the annexation area. This ordinance will be read twice (two meetings), however, no formal public hearings will be held. MITIGATION To date, no residential annexations have been subject to retention of revenue ( "mitigation fee ") which is the difference between what the County `s current revenue for the :area ' and the expenditures. The County Manager's reports dated February 26, 2003 and March 6 2003, both suggest that the mitigation is so small that the annexation could be considered "revenue neutral ".However, the report suggests that the County should now consider assessing a stormwater bond debt service payment ($6,700) and a mitigation fee for annexation areas as is done for new incorporations. Within the body of the two reports the County Manager proposes that the County could assess the following: 1) A 100 %mitigation fee of $105,000 annual with an annual inflation adjustment; or 2) A combined residential and CBI (business area) mitigation fee of 1.145 mills or $110, 000 annually, which would increase as property value goes up; or 3) A mitigation fee only for the CBI area, which would be $ 52,200 annually. (2) In that this is the first time that the County has suggested a mitigation fee for a residential annexation, several Commissioners at the final public hearing before the Budget and Finance Committee, were unsure how to determine the appropriate mitigation fee. It was stated that this item should be deferred until a study, by a new committee established by the County could be completed. At that time, the City Manager advised that the City would accept a mitigation fee, and the Committee then approved the proposed annexation and sent on to the full Board: STAFF MEETING WITH COUNTY A meeting with County staff and city representatives was held on March 25, 2003 in South Miami City Hall at which time considerable discussion on the retention of revenue and the proposed mitigation fees took place. County staff did advise that it would be appropriate for the South Miami City Commission to adopt a position on the mitigation issue and to make that position known; to County Commissioners. RECOMMENDATION The City Commission should express a position on the proposed fees to be charged to the City for the annexation area. The City can make 'a very defensible case for requesting the elimination of mitigation based upon the following: • The County Code does not allow the transfer of franchise and utility ,taxes to the annexing municipal government. This represents several hundred thousand dollars in lost revenue to the City on a continuing basis. The revenue produced in an annexed area will, therefore, always be less than that of other comparable neighborhoods within the same City. • The assessment of fees and retention of revenue was not a policy of the County when the community initiated and submitted the annexation application (June, 2002); • The removal of revenue to the extent suggested will seriously reduce the City's ability to provide the same level of service commensurate with existing neighborhoods in the City; • The area is need of major capital improvements (street paving, landscaping etc.), however, the removal of 20% of the area revenue for mitigation and other fee payments severely restricts the City from accomplishing these projects. The attached resolution sets forth the above issues and requests that the Board of County Commissioners not implement the recommended mitigation fees. It is recommended that the attached resolution be adopted. Attachments: Revised Draft Resolution County Manager's Report 2 126103 County Manager's Report 316103 SAY i i I RESOLUTION NO. 2' 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO 6 THE SNAPPERCREEK ANNEXATION APPLICATION; 7 REQUESTING THE MIAMI -DARE BOARD OF COUNTY 8 COMMISSIONERS NOT IMPLEMENT PROPOSED 9 MITIGATION FEES SO THAT MAXIMUM FUNDS CAN BE 10 INVESTED IN SERVICE IMPROVEMENTS AND CAPITAL 11 PROJECTS IN THE ANNEXATION AREA; PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the residents of the Snapper Creek Annexation Area have properly petitioned the 15 City of South Miami to be annexed into the City of South Miami; and 16 17 WHEREAS, the City and the County have determined the annexation to be consistent with 18 policies related to logical boundaries and good governance; and 19 20 WHEREAS, the proposed annexation has been unanimously approved by the County's 21 Boundaries Commission, the Planning Advisory Board, the Annexation/ Incorporation Subcommittee, 22 and the Budget and Finance Committee; and 23 24 WHEREAS, the Planning Advisory Board and the County Manager have recommended that for 25 the first time that a- residential annexation area , the Snapper Creek Annexation Area, be assessed a 26 mitigation fee; and 27 28 WHEREAS, the level of residential mitigation to be assessed would be a hardship on the City 29 which would limit the City's- ability to invest in service improvements and capital projects in the 30 annexation area': 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 33 OF THE CITY OF SOUTH MIAMI, FLOIRDA, AS FOLLOWS: 34 35 36 Section 1. It is the position of the City of South Miami City Commission that the assessment of 37 proposed mitigation fees for the Snapper Creek Annexation Area should not be implemented for 38 the following reasons: 39 (a) The County Code does not allow the transfer of franchise and utility taxes to the annexing 40 municipal government. This represents several hundred thousand dollars in lost revenue to the 41 City on a continuing basis. The revenue produced in an annexed area will, therefore, always 42 be less than that of other comparable' neighborhoods within the same City. M, 44 (b) The assessment of fees and retention of revenue was not a'policy of the County when the 45 Snapper Creek community initiated and submitted the annexation application (June, 2002); 46 47 (c ) The removal of revenue to the extent suggested as a residential mitigation fee will seriously 48 reduce the City's ability to provide the same level of service commensurate with existing 49 neighborhoods in the ,City; 50 1 2 3 4 5 6 (d) The annexation area is need of major capital improvements (street paving, landscaping etc.), 7 however the removal of 20% o of the area revenue for mitigation and other fee payments severely 8 restricts the City from accomplishing these projects. 9 10 11 Section 2. This resolution shall be transmitted to the County Manager and to the Board of County 12 Commissioners 13 14 15 Section 3. This resolution shall be effective immediately after the adoption hereof. 16 17 18 19 PASSED AND ADOPTED this , `day of 2003. 20 21 ATTEST: APPROVED: 22 23 24 CITY CLERK MAYOR 25 26 READ AND APPROVED AS TO FORM: Commission Vote: 27 Mayor Feliu 28 Vice Mayor Russell 29 Commission' Bethel 30 CITY ATTORNEY Commission' McCrea 31 Commissioner Wiscombe ITEM If WMEMORANDUM To: < Honorable Chairperson and Members Date: February 26, 2003 Boundaries Commission From: David Subject: City of South Miami Offic an gement and Budget annexation BACKGROUND A group of resident voters in an area known as Snapper Creek submitted a ,formal annexation request and petitions to the City of South Miami requesting that the City annex their area (see attached map). On May 21, 2002, the City of South Miami, pursuant to a required public hearing approved Resolution No. 68 =02 -11417 that requests Miami -Dade County to effect the annexation of the subject area into the jurisdiction of South Miami. The City of South Miami's annexation request is for an area generally bounded on the north by SW 80th Street, on the south by Snapper Creek Canal and the Village of Pinecrest, on the west by South Dixie Highway and on the east by SW 62nd Avenue (see map attached). The Village of Pinecrest, which abuts the annexation area, approved Resolution No. 2002 -57 supporting the City of South Miami's proposed annexation. ANALYSIS Objectives The application states that the subject annexation is bordered on the east and north by the City of South Miami, on the south by the Village of Pinecrest, and on the west by :unincorporated Miami -Dade County. Furthermore, the application states that the residents desire to receive improved services and government representation. The City of South Miami believes they can better serve the proposed annexation. area. Chairperson and Members Boundaries Commission February 26, 2003 Page 2 - South Miami Annexation Land Use The current land uses in the proposed annexation area, according to the County's 2005. -2015 Land Use Plan Map, are Office /Residential, Business and Office, Industrial and Office, Low Density ,Residential, and Estate Density Residential. In addition, a portion of the proposed annexation area is located within the Downtown Kendall Urban Center District, an area designated as a metropolitan urban center in the County's Comprehensive Development Master Plan (CDMP). Facilities and Service Police -- The City states that police protection will be provided for the proposed Snapper' Creek annexation area by the City of South Miami Police Department an established, full- service law enforcement agency. The application states, that the City provides a ratio of approximately one officer per 175 residents. Furthermore, the application indicates that most response times to the area are under 2- minutes for emergencies and less than five minutes for routine calls. Currently, service is provided by the Miami -Dade County Police Department's (MDPD) Kendall District with responses to calls for service being dispatched from the geographic venue of interest. Fire and Rescue - According to the application, the closest fire station is located at 5860 SW 70th Street, this station currently serves the proposed annexation area and services will continue to be provided by Miami -Dade and this station in the event of annexation. Since the City of South Miami is part of the Miami -Dade Fire-Rescue District, the annexation area will i.iT►::ic iv iJ'7. 5a:� V eC:a "' ✓'y `ti iC. �..`J�:iiTC�.._ _ . Water and Sewer - The entire annexation area is within the Miami -Dade Water and Sewer Department (WASD) water and sewer. service areas. WASD owns, operates and maintains existing water and sewer facilities j within the Snapper Creek area, and would own, operate and maintain any future facilities, whether constructed by the City of South Miami or by private developers. :The proposed annexation would have no impact on WASD's ability to provide services to the remaining unincorporated area in the vicinity. Service areas are not modified by annexations. Solid Waste - The area proposed for annexation is. within the County's waste unincorporated municipal service area. Per. Ordinance No. 96 -30, as Chairperson and Members Boundaries Commission February 26, 2003 Page 3 - South Miami Annexation the City has entered into a twenty -year waste disposal commitment with the County, the Department of Solid 'Waste Management (DSWM) could opt to delegate waste collection responsibilities to the City, provided that the cumulative effect of annexations that have taken place since February 16, 1996, do not significantly impact the DSWM1s ability to meet debt coverage requirements or to hold down the cost of collection service. Street Maintenance - South Miami maintains all streets within its jurisdiction with the exception of State and County roadways. Many minor arterials and collector streets are constructed and improved by the private sector through direct construction and by the state, county and city using gas taxes, impact fees and grants. -It is expected that roads and streets built in the future in the subject annexation area would be constructed/ improved by private development and thereafter -maintained by .South Mian u. Parks and Recreation - According to the application, no new park and recreation facilities will be needed to serve the industrial land uses proposed for the annexation area, Annexation Guidelines: The following analysis addresses the factors required for consideration by the Boundaries Commission pursuant to Chapter 20 of the County Code. 1. The suitability of the proposed annexation boundaries, in conjunction with the existing municipality, to provide for a municipal community that is both cohesive and inclusive. a) To the extent feasible, not divide a Census Designated Place, (an officially recognized traditional community). The proposed annexation area is entirely located inside a linearly shaped portion of the Glenvar Heights Census Designated Place (CDP) that extends into the municipalities of South Miami and Pinecrest. The City of South Miami bounds the proposed annexation. area on the north and east. The Village of Pinecrest bounds the proposed annexation area on the south. Annexation of the subject area will divide the Glenvar Heights CDP leaving the remaining portion in unincorporated Miami -Dade County to the west. This division will however Chairperson and Members Boundaries Commission February 26, 2003 Page 4 South Miami Annexation result in more cohesive and consistent boundaries for the City of South Miami 'and the Glenvar Heights CDP b) Include adjacent areas of ethnic minority or lower income residents in which those residents petitioned to be in the annexation area. No adjacent unincorporated areas have petitioned to be included in the annexation area. Population By Race and Hispanic Ori 'n Annexation Area Miami- Dade Po ulation Characteristics 2000 Percent Hispanic Ori 960 37.8 2,253,362 57.3 Percent White, Not His anic 53.1 20. Percent Black, Not Hispanic 5.3 19.0 Percent Other Not Hispanic . 3.8 3.0 Source: U.S. Census Bureau, Census 2000 Summary Filet, Miami -Dade County, Department of Planning and Zoning, 2002. c) Have contiguity and not create any unincorporated enclave area(s). An unincorporated enclave area is defined as an area that would be 1) surrounded on more than eighty (80) percent of its boundary by one or more municipalities, and. 2) of a size that could not ' be serviced efficiently or effectively. ue� riot create, are ura�coora� - area (surrounded on 80 percent or more -of its boundary by municipalities). The proposed annexation area is surrounded by the City of South Miami and the Village of Pinecrest on three sides. The adjacent ' municipal boundaries encompass 73 percent of the subject area boundaries and annexation of the ar ea will not result in an enclave. Chairperson and Members Boundaries Commission February 26, 2003 Page 5 - South Miami Annexation d) Have natural or built barriers as boundaries, to the extent feasible The area is bounded on the north by SW 80th Street and the City of South Miami, on the east by SW 62fld Avenue / City of South Miami, on the south by the Snapper Creek Canal and the Village of Pinecrest, and on the west by South Dixie Highway and the Snapper Creek Expressway. The above referenced boundaries are logical and consist of existing features. 2. The existing and projected property tax cost for the municipal -level service to the average homeowners in the area currently as unincorporated and as included as part of the annexing municipality. 3. Relationship of the proposed annexation area to the Urban Development Boundary (UDB) of the County's Comprehensive Development.Master Plan. The area is within the Urban Development Boundary of the. County's Comprehensive _Development Master Plan (CDMP). The County's Land Use P61icy -2B- states` -that 4"priority inane provision`of service "s'and �ac�ities acid the allocation of financial resources for services and facilities in Miami -Dade County shall be given first to serve the area within the Urban Development Boundary (UDB) of the Land Use Plan Map (LUP)." 4. Impact of the proposal on the revenue base of the unincorporated area and on the ability of the County to efficiently and effectively provide services to the adjacent remaining unincorporated area. The total taxable value of the annexation area is $96.5 million. The area generates approximately $371,000 in revenues. The County expends approximately $266,000 per year providing services. Therefore, the net revenue loss to the UMSA budget is approximately $205,000. The revenue Milla e Rate Ci of South Miami Municipal Milla e 6.373 Unincorporated Area UMSA Milla e 2.447 Increase 3.926 3. Relationship of the proposed annexation area to the Urban Development Boundary (UDB) of the County's Comprehensive Development.Master Plan. The area is within the Urban Development Boundary of the. County's Comprehensive _Development Master Plan (CDMP). The County's Land Use P61icy -2B- states` -that 4"priority inane provision`of service "s'and �ac�ities acid the allocation of financial resources for services and facilities in Miami -Dade County shall be given first to serve the area within the Urban Development Boundary (UDB) of the Land Use Plan Map (LUP)." 4. Impact of the proposal on the revenue base of the unincorporated area and on the ability of the County to efficiently and effectively provide services to the adjacent remaining unincorporated area. The total taxable value of the annexation area is $96.5 million. The area generates approximately $371,000 in revenues. The County expends approximately $266,000 per year providing services. Therefore, the net revenue loss to the UMSA budget is approximately $205,000. The revenue Chairperson and Members Boundaries Commission February 26, 2003 Page 6 - South Miami Annexation loss when viewed in the context of the entire UMSA budget essentially makes this annexation "revenue neutral" However, if mitigation were to be considered, the total amount, based on the impact stated above, would be $105,000. This amount, which results in 100 percent mitigation of the current adverse impact, would be adjusted annu y based on the Consumer Price Index (CPI). The CPI adjustment is used in the mitigation calculations for the Town on Miami Lakes and the Village of Palmetto Bay. Another option could be that the mitigation calculation be based on a millage rate. In that case, it would be the equivalent of 1.145 mills for the entire area including the CBI. The total dollar amount would increase as the area is developed and the taxable value of the area grows. This methodology was used in reaching agreement with the Doral Area Municipal Advisory Committee and with the Medley annexation approved in 2002. However, a portion of the annexation area is in the Dadeland CBI area. As such, if mitigation were considered for, the CBI area only, the amount should be based on a millage rate and equal 100% percent of the surplus revenues. This would amount to .541 mills. Furthermore, pursuant to section 20 -8.1 and 20 -8.2 of the. County Code, the County retains the franchise and utility tax revenues of the area upon annexation. 5. Fiscal impacts of the 'proposed annexation on the remaining unincorporated area. Specifically, does the per capita taxable value of the.area fall within.the The per capita taxable value : of the proposed annexation area is approximately $100,000. Therefore the per capita taxable value of the proposed annexation area is higher than the range of $20,000 to < $48,000. However, there are only 960 residents in the area. 6. Consistency . with the Land Use Plan. of the County's Comprehensive Development Master Plana A portion of the proposed annexation area is located within the Downtown Kendall Urban Center District, an area designated as a metropolitan urban center in the County's Comprehensive Development Master Plan (CDMP). u Chairperson and Members Boundaries Commission February 26 2003 Page 7 - South Miami Annexation The County's CDMP provides for land use, intensity of use, infrastructure and design of this area. The Board of County Commissioners has adopted unique development regulations for implementation of the CDMP guidelines within the Downtown Kendall Urban Center District. The CDMP, applies to all lands within the urban center irrespective of governmental jurisdiction. Unless there is a formal commitment (interlocal agreement) from the City of South Miami to fully comply with the guidelines, the annexation of this portion of the subject area would be inconsistent with the County's CDMP. Additionally, the County's 2005 -2015 Land Use Plan Map designates the balance of the annexation area for Office / Residential, Business and Office, Industrial and Office, Low Density Residential, and Estate Density Residential. The County's "Office /Residential" land use designation allows both professional and clerical offices, hotels, motels, and residential uses. The existing ; RU -5A zoning and the existing office use is consistent with the County's CDMP. Office development may range from small-scale professional office to large -scale office parks. The County's' "Business and Office" land use designation accommodates the full range of sales and service activities. Included are retail, wholesale, personal and professional services, commercial and professional offices, hotels, motels, hospitals, medical buildings, nursing homes, entertainment and cultural facilities,, amusement and commercial recreation establishments. The existing BU -1 zoning and business use is consistent with the County's CDMP. Residential uses, and mixing of residential use with commercial, .. offsc are u iotLls'are also �iCri li % Tlt lius7ucss aitu viii e'ate'd5 provided-tllat the scale and the intensity, including height and floor area ratio of residential or mixed use development, is not out of character with that of adjacent or adiou ix►g development and zoning. The County's "Industrial and Office" land use designation allows industries, manufacturing operations, warehouses, mini- warehouses, office buildings, wholesale 'showrooms, distribution centers, merchandise marts and similar uses. The existing IU -1 and IU -2 zoning and industrial use is consistent with the County's CDMP. The County's "Low Density Residential" land use designation allows - residential uses at a density range of 2.5 to 6.0 dwelling units per acre. The Chairperson and Members Boundaries Commission February 26, 2003 Page 8 South Miami Annexation existing RU -1 zoning and residential low density use is consistent with the County's CDMP.: The County's "Estate Density Residential" land use designation allows residential uses at a density range of 1 to 2.5 dwelling units per acre. The existing EU -M zoning and residential estate density consistent with the _County's CDMP: According to the annexation application the City proposes to apply the following future land use designation for the area: Transit Oriented Development District (TODD); Duplex/ Residential; Commercial, Retail and Office; -Light Industrial; Multifamily Residential and Single Family Residential. Once annexed the City has the exclusive jurisdiction to file a municipal plan amendment to officially designate the land uses on the area. The Boundaries Commission shall also consider the following guidelines: 1. Will this annexation divide a historically recognized community? The proposed annexation area is entirely located inside a linearly shaped portion of the Glenvar Heights Census Designated Place (CDP) that extends into the municipalities of South Miami and Pinecrest. The City of South Miami bounds the subject area on the north and east. The Village of Pinecrest bounds the subject ,area on the south. - Annexation of the subject ' area will divide the Glenvar Heights CDP leaving the remaining portion in unincorporated Miami -Dade County. to the west. This division will however. x tic ohesiVe and- C`Jn iuE`te [t- boon $ i -for -t is Miami and the Glenvar Heights CDP. 2. Is the annexation compatible with existing planned land uses and zoning of the municipality to which the area is proposed to be annexed? Yes, the existing land use and zoning of the annexation. are compatible with the land uses and zoning of the adjacent areas within the municipality of South Miami. The annexation area is currently built out. Existing Surrounding Land Uses: North: Commercial, Office and Residential. - Chairperson and Members Boundaries Commission February 26, 2003 Page 9 - South Miami Annexation South:. Commercial, Residential and Institutional. East: Residential West: Commercial and Residential. 3. Will the area, if currently qualified, continue to be eligible for any benefits derived from inclusion in federal or state enterprise zones, or targeted area assistance provided by federal, state and local government agencies? The annexation area is currently not part of federal or state enterprise zones, or targeted areas assistance provided by federal, state and local. government agencies. - 4. Will "the? annexation impact public safety response times? The proposed annexation will not have any negative or significant impact on the Miami -Dade Police and Fire Rescue Department's ability to service the remaining, unincorporated area: The City of South Miami is part of the Fire Rescue District. 5. Will the annexation introduce barriers to. municipal traffic circulation due to existing security taxing districts, walled communities, and/or private roads? It. is not anticipated that annexation will introduce any new barriers to municipal traffic flow. 6. Will the annexation` area be served by the same public service franchises, such as cable and communication services, as the existing municipality, or will .it have full access to all available municipal programming through its franchises We The proposed -annexation will continue to be served by the same cable television and telecommunication operators.. Municipal programming I is accomplished through separate agreement' between municipalities and the cable _operators providing services within their respective municipality. The cable operators' obligation to broadcast municipal meetings is outlined in these agreements. 7. If the area has been identified by the federal government as a flood zone or by emergency planners as an evacuation zone, has the existing municipality ' indicated its preparedness to address any extraordinary means that may arise? .�— Chairperson and Members Boundaries Commission February 26, 2003 Page 10 - South Miami Annexation About 80 percent of the proposed South Miami annexation area is in the 100 year floodplain. The area east of South Dixie Highway in the annexation area is located in a hurricane, evacuation area for categories four and five hurricanes. South Dixie Highway and the Palmetto Expressway are currently the primary hurricane evacuation routes for this area. Planning to. address extraordinary circumstances will be the municipal government's responsibility ` in conjunction with the County's , Office of Emergency Planning. $. Will the annexation area be connected by public transportation municipal government offices and commercial centers? South Miami City Hall is located at 6130 Sunset Drive, just beyond the boundaries of the proposed annexation, area and contiguous to the South Miami Metrorail Station. City Hall and the City of South Miami are also serviced by Metrobus throughout. 9. To the degree possible, would the proposed annexation area be contained in one or more school district boundaries (governing admission to elementary, middle and high school as the adjoining municipality? Yes, the annexation area shares school boundaries with the adjoining South Miami. The area is served by Ludlam Elementary, South Miami Middle School and South Miami Senior. Attachment - Map = s - _ z ' I t Y • t L �+ ` +� ► e +O ®. ° e ®eee +e ®e e e ' KILL • '��ew ®�e°►e`e ®;•ee ®`° ®`:e`ave`s "+a3oAe4 +e�: �ae4 $ • ®+i+i ► s ''! sae +eee ♦.ee •i +e°o°eiai\o ee ♦ae\ o ®e •eee ♦oaseae0. ��eoee °excel °aee eeaee ®aa.ey�' . , wee ° +°aeOoeyei°oyyy °oeoy�o . Seoeeeeoee. MOVE oe MO eesaesa: se°eea..ee ♦e> �°: °e' +ei _ ► °e °ia a °® °a °oee °e °Oe °i`i . .01 pe. - �oeoeeo® °ae®ee °oee °e +4eae ®o® ►y� o ► sae °°ae+ee °eeeeaeeoe�i +aeoee ♦eeaa� - • ►eeeeeeseeaoeeoeoyeeo♦ ca. eeeeoeoeeaeeeeoaeeeoee sae ' ,�►eeoaoeeeoeeeeeaeeeaee°�`yoet �eaeeeeoee+ oaaeee� ►+e.eoo®eae®ee°e.+ ®e� +es4®a` °:w'o'e ►' ®° :° i °: ° ii+i a i °: e+y ®�e � o s e:° �e �° ®o � e. ® ® ®� ®'. � ® ®° e ° ° °e' �' ° ®� ` ®®�►�eo ®,,e�®�se. Via_® asses® o+-.!®• e��ee ®®e °e °�aeeeeye�e. +e °e+Do�� B &F - Supplement to MEMORANDUM Agenda Item No. 4 (A) To: Honorable Chairperson and Members Date: March 6, 2003 Budget and Finance Committee From: Steve Shiver Subject City of South Miami County Manager Annexation Application RECOMMENDATION It is recommended Ahat, following the required public hearing, the Board of County Commissioners (BCC) direct the County Attorney to prepare an appropriate ordinance accomplishing the annexation of the area identified in the application. The annexation has received a positive recommendation from both the Planning Advisory Board and the Boundaries Commission. At its February 26, 2003 meeting, the Boundaries Commission recommended that the South Miami annexation be approved with the boundaries as specified in the application. On March 3, 2003, the Planning Advisory Board passed a resolution recommending approval of the annexation with certain conditions. Those conditions include payment of 100 percent mitigation, equivalent to 1.145 mills or currently approximately $105,000, for the loss to the Unincorporated Municipal Service Area (UMSA) budget, and, that South Miami pay Miami -Dade County the area's pro -rated share of the Stormwater Utility Revenue Bonds debt service, estimated at $6,700 per year, that will continue as an obligation to the residents of UMSA: As stated in the Budget Director's transmittal memorandum to the Boundaries Commission, the Town of Miami Lakes, The Village of Palmetto Bay, and the proposed municipalities of North Dade and Doral agreed to 'continue to pay their .share of the debt service on the Stormwater Utility and Public Service Tax` Revenue Bonds that provide .funding for Quality Neighborhood Improvement Program (QNIP) projects. The requirement to maintain debt service payments has not applied to annexations . that were processed contemporaneously Homestead, Medley, Florida City, and Coral Gables. However, state law protects bondholders 'and does not allow for the impairment of bonds. Therefore, as annexation applications .move forward and more F1 7 Chairperson and Members Budget and Finance Committee - March 6, 2003 Page 2 - South Miami annexation are considered, it would seem appropriate to also have annexed areas continue to pay. a ' share of the Stormwater Utility debt service. Pursuant to Section 20 -8.2 of the Miami -Dade County Code, changes to a municipality's boundaries through annexation are contingent upon the condition that Miami -Dade County.forever continues to collect and receive all utility tax revenues accruing within the annexed area remained a part of the county's unincorporated area. Therefore, the debt service associated - with the Public 'Service Tax Revenue Bonds that provide funding for the QNIP projects is not affected by this or any other annexation. Another concern regarding debt service is the calculation of an area's payment. Currently an urea's share is based on the cost of the bond- financed projects within the area as a percentage of the total bond expenditures. Another method would be to base the payment on the area's existing pro -rata share of the debt service on the bonds. This item was forwarded by the Incorporation and Annexation Subcommittee at its March 4th, 2003 meeting with a recommendation to incorporate the Planning Advisory Board's recommendations. I concur with these recommendations: Attachments: Resolution, Boundaries Commission Resolution, Planning Advisory Board 'I i I s.. v..� .. RESOLUTION OF THE MIAMI -DADS COUNTY BOUNDARIES COMMISSION RECOMMENDING APPROVAL OF THE ANNEXATION INTO THE CITY OF SOUTH MIAMI WHEREAS, the city of South Miami has petitioned for the annexation of the area bounded by SW 80th Street to the north, by Snapper Creek Canal and the Village of Pinecrest to the south, by SW 62nd Avenue to the east; and, South Dixie Highway to the west. WHEREAS, the Board of County Commissioners referred this application to the Boundaries Commission; and, WHEREAS, on February 26, 2003 the Boundaries Commission held an advertised.., public meeting; ' and, NOW, THEREFORE BE IT RESOLVED that the Miami -Dade County Boundaries Commission recommends APPROVAL of the proposed annexation into the city of South Miami with the payment of annual mitigation in the amount of 1.145 mills. The foregoing resolution was offered by Robert Connor who moved its adoption. The motion was seconded by Manuel A. Huerta, Jr. upon being put. to a vote it passed unanimously. Robert Connor Aye Edward G. McCue Aye Carlos Batista Aye Jose Luis Castillo Aye Dr. Shirley Merlin West Aye Manuel Alvarez Aye Manuel A. Huerta, Jr. Aye Daniel` Lavan Aye Irma Plumber Aye Ian Martinez ABSENT Norman Powell Aye i s °urn CITY OF SOUTH MIAMI South Miami Excellence, Integrity, Inclusion • INCORPORATED g sar P E d RXp 2601 TO: Honorable Mayor, Vice Mayor DATE: March 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager Funding for State Library and Archives RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, SUPPORTING THE FLORIDA ASSOCIATION OF CITY CLERKS 'WITH ITS EFFORTS TO URGE GOVERNOR BUSH AND THE FLORIDA, LEGISLATURE TO CONTINUE FUNDING FOR THE FLORIDA STATE LIBRARY AND ARCHIVES AND STAFFING LEVELS FOR THIS VITAL COLLECTON PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS The attached resolution, sponsored by Commissioner McCrea and co- sponsored by Commissioner Wiscombe supports the Florida Association of City Clerk's efforts in urging Governor Bush and the Florida Legislature to continue funding the State Library and Archives and staff.' The FACC believes that dismantling of this very important governmental entity will be detrimental to the historical and cultural activities in the State of Florida. Therefore, the FACC has asked that each municipality in the South District adopt a resolution supporting its efforts, and that a copy of the adopted resolution be forwarded to Governor Bush and Legislative Body, RECOMMENDATION Attachments. HGF /rt ,�, �:�. �, v�,� "-QCs „ ...m> _ • .� �.�..� � ,� . .� -�r ha �F�'� 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, SUPPORTING THE FLORIDA ASSOCIATION OF 5' CITY CLERKS WITH ITS EFFORTS TO URGE GOVERNOR BUSH AND THE 6 FLORIDA LEGISLATURE TO CONTINUE FUNDING FOR THE FLORIDA STATE 7 LIBRARY AND ARCHIVES AND STAFFING LEVELS FOR THIS VITAL. 8 COLLECTON; PROVIDING' AN EFFECTIVE DATE. 9 10 WHEREAS, the Florida State Library and Archives was established as one of the first 15 acts of 11 the Florida Legislature in its first session; and 12 13 WHEREAS, the State Library ' provides research assistance to legislators and their staffs; and 14 15 WHEREAS, the Florida Association of City Clerks' (FACC) membership represents 16 approximately 300 cities within the State of Florida, including the City of South Miami; and 17 18 WHEREAS, members of FACC are records custodians in their respective cities and recognize the 19 importance and value of an historical collection; and 20 21 WHEREAS, the Mayor and City ;Commission of the City of South Miami asserts that the 22 dismantling of the State Library and the reduction of staffing will be detrimental to the historical and 23 cultural activities in the state. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 26 THE CITY OF SOUTH MIAMI, FLORIDA 27 28 Section 1,. Hereby supports the Florida Association of City Clerks with its efforts in urging 29 Governor Bush and the Florida Legislature to reconsider maintaining the Florida ; State Library and 30 Archives in one location and to continue funding and staffing levels for this valuable asset to the citizens 31 of the State of Florida. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this day of 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 COMMISSION VOTE: 42 Mayor Feliu: 43 READ AND APPROVED AS TO FORM: Vice Mayor Russell; 44 Commissioner Wiscombe: 45 Commissioner Wiscombe: 46 CITY ATTORNEY Commissioner Bethel: 47 Commissioner McCrea: 48 Additions shown by underlining and deletions shown by °r. Taylor, Ronetta From: Barbara-McDaniel@davie-fl.gov Sent: Monday, March 24, 2003 6:49 AM To Taylor, Ronetta Subject RE: FACC Resolution Any support that we could get would be helpful. Thanks for asking. "Taylor, Ronetta" <RTaylor @cityofsout To: "'Barbara McDaniel @davie- fl . gov ", hmiami. -net> <Barbara McDaniel @davie -fl. ov> cc: g 03/21/2003 12:30 PM Subject: RE: FACC Resolution Are you asking for my Commission's support of this resolution? ----- Original Message - - - -- From: Barbara' McDaniel @davie- fl.gov [mailto:Barbara_McDaniel @davie- fl,.gov] Sent: Thursday, March 20 <, 2003 5:02 PM' Tot aanderson @lauderhill.net; AGERLACH @nlauderdale.org ascott @wiltonmanors.com; eharper @hallandalebeach.'org; SBayAdmnAsstnt @aol.com; tonitji @attglobal.net atyner @southwestranches.org; asceleta.hammond @copbfl.com; awildar @wellvillage.com; estepb @miamishoresvillage.com garitob@ci.delray- beach.fl.us; cityhall @atlantisfla.org; SPBCLERK @aol.com; bprice @creekgov. net; bsross @hypoluxo.org; arguellesb @townofmiamilakes.com; bethe @oaklandparkfl.org; beverly .raddatz @islamorada.fl.us; glinskib @ci.boynton- beach.fl.us; biscay007 @nuvox.net; clandau @lighthousepoint.com; townclerk @lakeparkflorida.net; carolem @lauderdalelakes.org; pbstwnhall@ adelphia .net;`cward @rivierabch.com; cjohnson @ci.dania- beach.fl.us cityclerk @cityofhialeahgarden's.org CSm th @keywestcity.com; cfairell @v llageofelportal.com crobinson @rivierabch.com info @vkb key- biscayne.fl.us; harmon_c @bellsouth.net; dlevy @lantana.org; surfclerk @the- beach.net; dfick @hypoluxo.org dbuff @belleglade- fl.com dpcclerk @aol.com; cityclerk @margatefl. com;, dkuzdas @royalpalmbeach.com; ddisanto @royalpalmbeach.com ddixon @cityofparkland.org,; dking @ci.boca - raton.fl.us; dtrinley @highlandbch.com; townofcloudlake @msn.com;; etesh @ppines.com; ehorvath @balharbourflorida.com; fwarren @ci.west - palm- beach.fl.us; gwallace @sfwmd.gov; clerk @ci.pinecrest.fl.us; gwenc @jupiter.fl.us; remmer @ci.pinecrest.fl.us; iburroughs @villageofpalmsprings.org; jmoore @manalapan..org; jdillon @highlandbch.com; lkclarkel @aol.com; prainitoj@ci.boynton- beach.fl.`us; jplemmons, @citybeautiful,net; clerk @balharbourflorida .com jeffmo @ci.fort - lauderdale.fl.us; jplylerlcs @!aol.com; lbtscler @bellsouth.net; sbdcc @aol.com; cityclerk@ margatefl .com;cjhiggins @lauderhill.net oceanridge @adelphia.net; npbclerk @village - npb.org; cszabo @townofgoldenbeach.org; kathyt @wellvillage.com; kpuhalainen @lantana. org ;` LHigg.ins @nlauderdale.org; llepore @lighthousepoint.com; mcghee @ci.delray- beach.fl.us; lucyk @ci,fort- lauderdale.fl.us; magaliv @aol.com; Mariamartinez @ci.miami- beach.fl.us marions @tamarac.org; vgclerk @aol.com; mgould @royalpalmbeach.com; mary.chambers @copbfl.com; mpollitt @townofpalmbeach.com; mgarciga @icv- fla.org; melissa @village- npb.org; mg37813 @aol.com; manzalone @hollywoodfl.org; mdyer @nlauderdale.o!rg; nancyb @oaklandparkfl.org; nharvmp @bellsouth.net; clerk2 @keycolonybeach.net; townclerk@ townofpembrokepark .com;,'cityclerk @lakeworth.net; pluckie @icv - fla.org; pcerny @hollywoodfl '.org; "batesp @westonfl.org; psnider @ci.palm - beach- gardens.fl.us; pstaples @wiltonmanors.com; pmoree @sfwmd.gov; ccpmr @ci.coral- springs.fl.us; 1 rrussell @villageofelportal.com; rbrown @the- beach.,net; rtaylor @gulf- stream.org; cityclerk @ci.mami- beach.fl.us; robertath @adelphia.net; rtaylor @cityofsouthmiami.net; sallyb @jupiter.fl.us; smihm @creekgov.net; sandyb @lauderdalelakes.org; scouzzo @cityofparkland.o;rg; scarannante @ci.boca- raton.fl.us sauxier @ci.homestead.fl.us; flcityclrk @hotmail.com; mangonia @bellsouth.net; joanne.callahan @citynmb.com shill @ci.greenacres.fl.us; seichhorn @townofpalmbeach.com; sslattery @plantation.org; miamispringsclk @aol. com; sorokat @cityofaventura.com; tdubouch @ci. west- palm- beach.fl.us; toms @tama!rac.org; vhurley @lakeworth.net vhines @ci.boca- raton.fl.us; cityclerk @keycolonybeach.net; vsprinkl @ci. west - palm- beach.fl'.us;` vwclerk @aol. com; vwalton @villageofpalmsprings.org; yaguilar @citybeautiful.net; ymanboard @gulf- stream.org Subject:. -FACC Resolution Attached, please find a resolution from the FACC regarding the funding for the Florida State Library and Archives and staffing levels. We are encouraging the support of the clerks within the Southeast District. (See attached file:; FACC.doc) 2