HomeMy WebLinkAbout2005-10-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY OCTOBER 11, 2005
CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission
to order at 7:00 p.m. on Tuesday, October 11, 2005 in Chambers at Tamarac City Hall,
7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco,
Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner
Karen L. Roberts.
ALSO PRESENT: City Manager Jeffrey L. Miller, Interim Assistant City Attorney Julie F.
Klahr, and City Clerk Marion Swenson.
Cub Scout Pack 285 (Tamarac -North Lauderdale) led the pledge of allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by Mayor Schreiber of a proclamation designating October 10-14,
2005 as "National School Lunch Week". Assistant City Clerk Schneider accepted.
b. Presentation by Mayor Schreiber of a proclamation proclaiming October 2005 as
National Arts and Humanities Month. Vice Mayor Flansbaum-Talabisco said on behalf
of the Broward League of Cities and Broward Cultural Council she is delighted to accept
the proclamation and added Tamarac is a front runner in the area of arts.
C. Presentation by Mayor Schreiber of a proclamation proclaiming October 15, 2005
as Broward County Public Schools Day in honor of the Broward County School District's
90 years of education excellence. Assistant City Clerk Schneider accepted.
d. Presentation by Mayor Schreiber of a proclamation proclaiming October as
National Domestic Violence Awareness Month. BSO Sgt. O'Neil accepted.
e. Presentation by Mayor Schreiber of a proclamation proclaiming October 22, 2005
as Make a Difference Day. Public Information Officer Crockett accepted and
recognized city employees who serve as volunteers in the community throughout the
year.
f. Presentation by Mayor Schreiber of a proclamation commending Deputy Chief
Kingman Schuldt for his lead role in Mississippi in the aftermath of Hurricane Katrina.
Deputy Chief Schuldt accepted. City Manager Miller said the city is very proud to have
Deputy Fire Chief Schuldt in Tamarac; he is a fine executive and it is an honor that the
State of Florida called on Tamarac and Deputy Fire Chief Schuldt to provide assistance
in Mississippi.
October 11, 2005
Page 1 of 8
g. Presentation by Mayor Schreiber of a proclamation proclaiming October 2005 as
Fire Prevention Month. Fire Chief Budzinski accepted.
h. Presentation and update by Harry Dressler, Foundation President, regarding
Tamarac Economic Development Foundation. Mr. Dressler thanked the Mayor and City
Commission for the opportunity to address them tonight and gave an overview of the
Foundation from its inception in September 2003 as the Economic Development
Advisory Committee through its current standing as the Tamarac Economic
Development Foundation. Mr. Dressler said this is a public/private partnership, and the
goals are to assist the city with the Main Street Project, attract a full service hotel to
Tamarac Commerce Park, and provide assistance with branding Tamarac.
REPORTS
2. City Commission: Mayor Schreiber spoke of a letter he received on October 6
from the State of Florida Department of Revenue that included a check in the amount of
$19,642.40 for the Tamarac Fire Pension Fund. Mayor Schreiber said this is done by
the state every year. Mayor Schreiber also spoke of a letter he received on October 5
from U.S. Senator Bill Nelson, congratulating Tamarac on being presented the Livable
Communities for All Ages Award. Mayor Schreiber said Tamarac is the best city in the
United States.
Commissioner Partner said with regard to the Monterrey Golf Course, there will be a
hearing on October 19 at 2:00 p.m. in Chambers. Monterrey Golf Course is not in
compliance with city codes and they will face stiff penalties.
Commissioner Roberts thanked Cub Scout Pack 285 for the friendship necklaces and
welcomed the residents to tonight's meeting.
Commissioner Sultanof said he is very disturbed with regard to a newspaper article that
appeared in 'Kings Point Life'. Commissioner Sultanof spoke of a member of the Civic
League Association's complaint that there are improper and insufficient fire exits at local
business establishments. Commissioner Sultanof questioned Chief Budzinski about the
fire exits and Chief Budzinski said he spoke to the members at one of the club's
meetings and addressed city codes. Chief Budzinski said it is his responsibility to
enforce fire codes. Commissioner Sultanof said he is also disturbed at a remark made
by one of the Civic League Association members regarding local officials being overly
business friendly. Commissioner Sultanof asked staff if any commissioner has anything
to do with site plans or exits and Community Development Director King said they did
not. Commissioner Sultanof also addressed the concern of residents with regard to a
traffic light at the entrance to Kings Point, and confirmed there is no light slated to be
placed at that location.
Vice Mayor Flansbaum-Talabisco said it is great to see everyone here and
congratulated those who received proclamations this evening. Vice Mayor Flansbaum-
Talabisco said the city needs to seize the opportunity to develop a CRA; in the past
Broward County has not looked favorably on CRA's. Recently several cities negotiated
for CRA's under Broward County's Redevelopment Capital Program, and Tamarac is
October 11, 2005
Page 2of8
losing out on an opportunity to acquire funding. Vice Mayor Flansbaum-Talabisco said
she met with the head of the Redevelopment Program and was told there is $31 million
available but we must act now. There are two areas for consideration: the 441 corridor
and the Main Street program. Vice Mayor Flansbaum-Talabisco spoke of the public's
lack of accessibility to the commission and suggested televising commission meetings.
Improvements to the chambers are bringing us closer to our goal, and Vice Mayor
Flansbaum-Talabisco said she asked staff, through the city manager, to research the
issue and bring the facts to the Mayor and City Commission at a future workshop
meeting.
Mayor Schreiber said he spoke about CRA's with Broward County Mayor Kristin Jacobs
and he received some information regarding CRA's which he turned over to the City
Manager.
3. City Attorney: Interim Assistant City Attorney Klahr had no report.
4. City Manager: City Manager Miller said Financial Services reports the final
budget books will be printed and distributed in early November. The Financial Services
staff met with representatives of Standard and Poor and Tamarac's credit rating has
been upgraded from A- to A. The Fire Department reports it is presenting its education
program throughout the city; the program is based on this year's fire prevention week
theme, 'Use Candles With Care'. The passenger safety program trailer will be available
for preview prior to the next commission workshop meeting. Tamarac Fire Rescue's
Open House will be held on October 29 from 10:00 a.m. — 2:00 p.m. at Station 41. We
will be visited by the presidential limousine, and the Hummer used in CSI Miami will also
be shown at the open house. The replacement of the phone system at City Hall will
save the city $60,000 per year. The phone numbers will remain the same until the next
directory comes out in the spring. Parks and Recreation reports the Middle School
Dance and the Alzheimer's Lecture were very successful and well attended. The Elder
Law Lecture on Care Givers and Advocacy will be held on October 16 at the Tamarac
Community Center. Flu shots are still not available from University Hospital.
5. PUBLIC PARTICIPATION: Pastor John Mills, Eliathah Seventh Day Adventist
Church, University Drive, introduced himself to the Mayor and City Commission and the
public, and said he is new to Tamarac; this is his second week as Pastor of the church.
Jim Mort, 4610 NW 45 Street, Tamarac, spoke of the poor condition of the Monterrey
Golf Course and spoke against residential development of the golf course. Mr. Mort
said he was offended to be told that he could not ask the Mayor and City Commission
questions about zoning matters. Mayor Schreiber explained the reason the Mayor and
City Commission does not speak about zoning issues other than in public meeting.
Commissioner Portner said it would behoove Mr. Mort to attend the October 19 meeting
at City Hall with regard to the golf course.
Linda Villella, 4605 NW 45 Street, Tamarac asked what became of the petitions given to
the Mayor and City Commission from the Mainlands and asked if the city would
consider purchasing the golf course. Mayor Schreiber said there has been no action to
date on the part of the developer and maintenance of the golf course is being
October 11, 2005
Page 3 of 8
addressed. Mayor Schreiber added the neighborhoods joining together and purchasing
the golf course would provide more control over the area than if the city were to
purchase it. Commissioner Portner said at the time he suggested the city purchase the
golf course, the owners wanted $1 million for it. Now they are asking $12 million and
the city can not afford to purchase it. It is up to the residents at this point.
Harry Freire, 4707 Mainland Drive, Tamarac, spoke of traffic and said he went to DOT
to find out if there had been any requests for roadways going into the golf course. So
far there has been nothing but he will keep an eye on the matter through DOT.
Elayne Weisburd, 7997 Exeter Boulevard West, Tamarac, said she is president of the
Civic League Club and addressed Commissioner Sultanof's concerns regarding
statements made by a member of the club.
Burt Schneider, 8016 NW 72 Street, Tamarac, apologized to the Mayor and City
Commission for the discussion that just ensued and said if this is an example of things
to come, he will move out of the city. Mr. Schneider complimented the city on its
innovation in enabling the audience to follow the meeting on the screen and view the
presentations. Mr. Schneider said the Woodmont community is facing the same issues
as the Mainlands communities and he will fight to see that not one inch of recreational
land is converted to residential real estate.
CONSENT AGENDA
6. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved
approval of all items on the consent agenda. On roll call Commissioner Sultanof voted
"yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner
Roberts "yes", and Commissioner Portner "yes". Motion carried.
a. APPROVE the minutes of the September 28, 2005 Regular City Commission
meeting.
APPROVED
b. APPOINTING MURRAY NATHANSON AS CHAIRPERSON AND MARTIN
SUCOFF AS VICE CHAIRPERSON TO THE VETERANS AFFAIRS COMMITTEE:
(TR10816) Appointing Murray Nathanson as Chairperson and Martin Sucoff as Vice
Chairperson to the Veterans Affairs Committee to serve one-year terms ending June 22,
2006.
RESOLUTION NO. R2005-190
C. TAMARAC WATER AND SEWER UTILITY EASEMENT — RIVERSIDE
TOWNHOMES PROJECT: (TR10817) Executing a "Tamarac Water and Sewer Utility
Easement" with United Homes International, Inc., for the Riverside Townhomes Project,
located on the West side of Pine Island Road, north of Commercial Blvd, to allow legal
access by City Utility Personnel for installing, maintaining, and operating the Water
Distribution and Sewage Collection System Improvements; authorizing and directing the
City Clerk to record said agreement in the public records of Broward County.
RESOLUTION NO. R2005-191
October 11, 2005
Page 4 of 8
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(TR10818) Accepting a Bill of Sale Absolute from United Homes International, Inc., for
the Water Distribution and Sewage Collection System Improvements installed for the
Riverside Townhomes Project, located on the west side of Pine Island Road, north of
Commercial Blvd, for City ownership; authorizing and directing the City Clerk to record
said document in the public records of Broward County.
RESOLUTION NO. R2005-192
e. WATER AND SEWER DEVELOPER'S AGREEMENT — CYPRESS WALK
PROJECT: (TR10819) Executing a Water and Sewer Developer's Agreement with
Lennar Homes, Inc., for the Cypress Walk Project, located on the SE corner of McNab
Road & Pine Island Road, requiring 37 ERC's for water and 37 ERC's for sewer;
requiring the payment of $118,400.00 in CIAC fees; authorizing and directing the City
Clerk to record said agreement in the public records of Broward County.
RESOLUTION NO. R2005-193
f. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — CYPRESS
WALK PROJECT: (TR10820) Executing a Blanket Public Safety Ingress/Egress
Easement with Lennar Homes, Inc., for the Cypress Walk Project, located on the SE
corner of McNab Road & Pine Island Road, to provide proper access to the property for
municipal services such as utility, canal, fire and police protection, emergency and other
public safety services; authorizing and directing the City Clerk to record said document
in the public records of Broward County.
RESOLUTION NO. R2005-194
g. ROOF REPLACEMENT — FIRE STATION NO. 41: (TR10785) Authorizing the
utilization of the Broward Community College RFP Number 800-012 for the replacement
of the roof at Fire Station No. 41; authorizing the execution of a piggy -back agreement
with Advanced Roofing, Inc. for said work in an amount not to exceed $85,245.90.
RESOLUTION NO. R2005-195
h. SECOND AMENDMENT TO LEASE AGREEMENT — CINGULAR WIRELESS:
(TR10801) Executing the second amendment to lease agreement between the City of
Tamarac and New Cingular Wireless PCS, LLC d/b/a Cingular Wireless to modify
Exhibit "B" of the first amendment to lease agreement, and to modify the notice section
of the lease agreement, authorizing City Clerk to record said document with Broward
County.
RESOLUTION NO. R2005-196
i. GRANT AWARD AND AGREEMENT — TAMARAC STORMWATER PUMP
STATION REPLACEMENTS: (TR10822) Accepting a Legislative Project Grant in the
amount of $550,000 from the Florida Department of Environmental Protection, Bureau
of Water Facilities Funding; authorizing the appropriate city officials to execute a project
agreement between the Florida Department of Environmental Protection and the City of
Tamarac for grant funding in the amount of $550,000 with a cash match of $550,000 in
city funds, to provide residents of Tamarac with stormwater pump station replacements;
amending the existing stormwater pump stations capital improvement project budget of
estimated revenues and expenditures in the amount of $550,000.
RESOLUTION NO. R2005-197
j. AWARD OF RFP#05-17R — MEDICAL DIRECTOR FOR FIRE RESCUE:
(TR10807) Awarding the Request for Proposal #05-17R to L. Scott Ulin Emergency
Medical Services Incorporated for medical direction and supervision of the Tamarac Fire
Rescue Medical Services, for a three year term at a cost of Forty Thousand Dollars
October 11, 2005
Page 5 of 8
each year, for a total cost of One Hundred Twenty Thousand Dollars, with the right to
renew for two (2), two (2) year terms.
RESOLUTION NO. R2005-198
k. REQUEST FOR IN -KIND SUPPORT AND FEE WAIVER FROM BIG BIKE
RIDERS ASSOCIATION OF SOUTH FLORIDA, INC.: (TR10811) Approving a request
from the Big Bike Riders Association of South Florida for in -kind support and to waive all
parks and recreation fees for the Big Bike Riders Association of South Florida, Inc.
holiday fundraising event to be held at the Tamarac Park on Saturday, December 10,
2005, from 9:00 a.m. to 8:00 p.m.; providing for proper insurance and hold harmless
agreement.
RESOLUTION NO. R2005-199
I. GRANT AWARD AND AGREEMENT — WATER SAVINGS INCENTIVE
PROGRAM GRANT FUNDS: (TR10821) Accepting a grant in the amount of $30,000
from the South Florida Water Management District Water Savings Incentive Program;
authorizing the appropriate city officials to execute a project agreement between the
South Florida Water Management District and the City of Tamarac for grant funding in
the amount of $30,000 with an in -kind and in -cash match of $35,700 for a total project
cost of $65,700, to provide for water saving devices for the residents of Tamarac and at
city facilities.
RESOLUTION NO. R2005-200
END OF CONSENT AGENDA
REGULAR AGENDA
7. PURCHASE OF 10 ACRES ADJACENT TO THE PUBLIC SERVICES
COMPLEX: (TR10828) Motion to approve Resolution authorizing the appropriate city
officials to execute an agreement for purchase and sale of real property between SRDE
Realty LLC (seller) and the City of Tamarac (buyer) in the amount of Six Million Eight
Hundred Sixty Thousand Six Hundred Fifty -Two Dollars ($6,860,652.00) for the city to
purchase 10+/- acres of vacant land for the expansion of facilities within the City of
Tamarac. Interim Assistant City Attorney Klahr read Temporary Resolution 10828,
Revision #2, by title. Commissioner Sultanof seconded by Commissioner Portner
moved approval. On roll call Commissioner Roberts voted "yes", Commissioner
Sultanof "yes", Commissioner Portner "yes", Vice Mayor Flansbaum-Talabisco "yes",
and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2005-201
ORDINANCE — FIRST READING
8. COMMERCIAL GARBAGE FRANCHISE AGREEMENT — PUBLIC WASTE
SERVICES, LLC.: (T02098) Motion to adopt Ordinance on first reading authorizing
the appropriate City officials to execute a Commercial Garbage Franchise Agreement
between the City of Tamarac and Public Waste Services, LLC. Interim Assistant City
Attorney Klahr read Temporary Ordinance 2098 on first reading by title.
Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved
approval. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes",
October 11, 2005
Page 6 of 8
Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor Flansbaum-
Talabisco "yes". Motion carried.
APPROVED ON FIRST READING OCTOBER 11, 2005
PUBLIC HEARING 7:00 P.M. OR THEREAFTER
ORDINANCE — SECOND READING
QUASI-JUDICIAL_ HEARING
9. REZONING — APPROXIMATE 127.32 ACRE NW 57T" STREET CORRIDOR:
(TO2097) Motion to adopt ordinance on second reading approving the rezoning
application initiated by the City of Tamarac providing for rezoning from B-1
(Neighborhood Business District), B-2 (Planned Community Business District), B-3
(General Business District), B-6 (Business District) and 1-1 (Institutional District) to MXD
(Mixed Use District) pertaining to the approximate 127.32 acre NW 57th Street Corridor,
more particularly described by Exhibit "A" and generally located west of North University
Drive, east of NW 94th Avenue, north of Commercial Boulevard (Case No. 19-Z-05);
providing for amendment of the official zoning map to reflect such change. Interim
Assistant City Attorney Klahr read Temporary Ordinance 2097 on second reading by
title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved
approval. City Clerk Swenson swore in staff and those who wished to speak on the
item. Community Development Director King gave a presentation. Commissioner
Roberts questioned what would happen to stores already in the district that do not
conform to the regulations. Community Development Director King said all uses
currently existing along the corridor will be grandfathered in; any modifications to
facilities will require compliance with the MXD zoning district. Commissioner Roberts
questioned the lot size stipulated in the new ordinance and Community Development
Director King said staff is looking into bringing in a master developer to acquire as much
of that property as possible. Small lots will be grandfathered in since they were in
conformance with the existing zoning at the time they were platted. Commissioner
Portner said some construction on the smaller lots could be done in compliance with
what the city is asking for and Community Development Director King said they could
build uses in compliance with the MXD district but they may not be able to maximize the
parking. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72
Street, Tamarac, said the city needs to have an Architectural Review Board. Don
O'Donniley, representing property owner C. Frias, asked to have the letter and
photographs that were presented to the Mayor and City Commission made a part of the
record. (Letter and photographs from Don O'Donniley, AICP, J.D., Agent for C. Frias,
are attached and incorporated as part of these minutes.) Mr. O'Donniley spoke of lack
of notice and said Mr. Frias has no intention of selling his property to a master
developer. Mr. O'Donniley spoke of non -conforming uses, and indicated the existing
uses surrounding Mr. Frias' property. Bernie Maribona, Miami Lakes, FL spoke in favor
of the Main Street Project. Interim Assistant City Attorney Klahr asked Community
Development Director King if his department complied with the requirements of state
statute and the Tamarac Code, and Community Development Director King said yes.
With no one else wishing to speak, Mayor Schreiber closed the public hearing. Mayor
Schreiber said he would like City Manager Miller and Community Development Director
King to meet with Messrs. O'Donniley and Frias to see if something can be worked out.
Vice Mayor Flansbaum-Talabisco spoke of a Bruster's Ice Cream Parlor in
October 11, 2005
Page 7 of 8
Pennsylvania. Commissioner Sultanof asked if there would be a drive -through
associated with the business and Mr. O'Donniley said yes. Commissioner Roberts said
she would like staff to work with the applicant as they previously did with the bank. On
roll call Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Partner "yes",
Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes".
Motion carried.
APPROVED ON FIRST READING SEPTEMBER 28, 2005
ORDINANCE NO. 0-2005-23
END OFQUASI-JUDICIAL HEARING
END OF PUBLIC HEARING
There being no further business to come before the Mayor and City Commission, Mayor
Schreiber adjourned the regular meeting of the city commission at 8:25 p.m.
MARION SWENSON, CMC
CITY CLERK
October 11, 2005
Page 8 of 8
E SCHREIBER, MAYOR
1
t .S
AmeriZone
October 11, 2005 i
City Commission a
Ann. City Clerk
City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321-2401
RE: Proposed Re -Zoning from B-2 to MXD Mixed Use District of
Folio # 494109040120, 8261 West Commercial Blvd.
Dear Mayor Scrieber and Members of the City Commission,
AmeriZone has been retained by the Carlos Frias, owner of 8261 West Commercial
Boulevard, to submit a proposed development for a Bruster's Ice Cream. Our initial
application was made in July and reviewed by your Development Review Committee in
August 2005 and September 21, 2005.. At that date and currently the property in
question was and is zoned B-2. Following our filling, apparently the Commission heard
and passed on first reading a proposed re -zoning to MXD Mixed Use District. We wish
to state for the record this is a written protest of the proposed zoning and the owner
opposes the re -zoning. We request no further action until your staff has been instructed to
give proper written notice. While the law may allow in general reliance on standard
Assessor tax roles and publication, we take exception where staff had actual knowledge
of the change in ownership. We ask you to reconsider your passage of the zoning change.
We have not received any rational or cogent evidence of a substantive nature that
supports the re -zoning. In the alternative, we request to be heard at second reading.
Our opposition is based on a number of facts as follows:
(a) The proposed re -zoning limits development further than existing zoning and
therefore constitutes a taking in violation of the Burt Harris Act
(b) Only two lots remain undeveloped on our block and together, they constitute
less than half the minimum acreage required under the proposed district. Thus
the proposed district creates non -conformity for the two remaining
undeveloped tracts. Either tract would require a variance in order to develop.
This alone constitutes a burden in terms of property rights that does not exist
under the B-2 zoning. Both tracts are conforming to the B-2 existing zoning.
(c) All sites developed on our block face Commercial Blvd. and are single use
developments. It is arbitrary and capricious to single the two remaining tracts
which lie mid -block for treatment different from all other existing
development.
(d) The study preceding adoption of this proposed zoning fails to cite any change
in circumstance or facts related to the owner's site that is cogent evidence
upon which this City Commission can rely to change the zoning. As part of
our recent submittal, we have demonstrated ability to develop a site within
existing zoning that has no adverse impacts on any public facility.
(e) Starting at Pine Island and running east along West Commercial to University,
there is not a single site that is developed that will not become non-
conforming and faces West Commercial Blvd.. Included are two sites owned
by the City itself. An examination of land use case law demonstrates creating
mass non -conformity is frowned upon.
(fl Our proposed use will not support a mixture of uses. The proposed use is
underl,000 square feet in size. Arbitrary requirements that result in one
dwelling will not result in the purpose and intent stated in the proposed
zoning. This clearly demonstrates why the MXD District is not suited for the
owner's site.
(g) Assuming for argument the two small interior lots were to develop with one to
four dwellings, the proposed MXD District is not appropriate because the
majority of the block frontage is developed for non -pedestrian oriented uses
which draw clients from a wider setting that would directly conflict with
safety for residing in the district. Furthermore, the limited number of
residential units will only add traffic given there is no real reduction in the
retail uses encouraged through the existing zoning under which this block has
developed. The City has failed to show the proposed uses will result in less
traffic than the proposed development presented; especially in the critical PM
peak.
We are providing you photographs from University to Pine Island. Please note ninty
percent or more of the lots are developed and face in a single direction. Also note thee is
not one example of a mixed use as envisioned within the MXD District. To the west of
our site is a four story motel and to the south, a gas station. These are not uses that
support placing residential development. We ask our property not be zoned MXD or in
the alternative, the MXD district be enacted as an overlay alternative that developers may
elect to use on our block.
Sincerely,
x6-. ®'
Don O'Donniley, AICP JD
Agent for C. Frias, Owner
8110 SW 83`d Street
Miami, FL 33143
(305) 279-3690
(305) 986-5466 {cell)
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