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City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
March 16, 2005
Mayor David Dermer
Vice-Mayor Luis R. Garcia, Jr.
Commissioner Matti Herrera Bower
Commissioner Simon Cruz
Commissioner Saul Gross
Commissioner Jose Smith
Commissioner Richard L. Steinberg
City Manager Jorge M. Gonzalez
City Attorney Murray H. Dubbin
City Clerk Robert E. Parcher
Visit us on the Internet at www.miamibeachfl.gov for agendas and video "streaming" of City Commission
Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the City Clerk's Office. Questions
regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.
CONSENT AGENDA
PA1 Certificates of Appreciation/David’s Café, Contributing to the Quality of Life in CMB. (Bower/Cruz)
PA2 Proclamation/National Women’s History Month.
PA3 Proclamation/City’s 90th Birthday. (Dermer)
PA4 Certificates of Appreciation/Employee of the Month “At Your Service Award” for Jan./Feb. 2005.
PA5 Certificate of Appreciation/Phil Azan, Years of Dedicated Service to the City.
PA6 Proclamation/Winter Music Conference 20th Anniversary.
PA7 New Item: Certificate of Appreciation/Officer Glen Teboe, Miami Beach Police Dept. (Smith)
C2A BA 05-04/05, Purchase (4) 2005 Honda All Terrain Vehicles, $29,274.60.
C2B Reject All Bids Received, Small Low Floor Transit Buses.
C4A Ref: Historic Preservation Board - Coral Rock House Designation as Historic Structure. (Bower)
C4B Ref: Finance & Citywide Projects Committee - Flamingo Neighborhood ROW Project.
C4C Ref: Neighborhood/Community Affairs Committee - On-Street Parking/Espanola Way. (Gross)
C6A Report: Finance & Citywide Projects Committee Meeting of February 17, 2005.
C7A Set Public Hearing, Amend Zoning Map for Property at 2620 Biarritz Drive.
C7B Waive Bidding/Execute Agreement w/ Musco Lighting, Fairway Park Lighting. 5/7
C7C Accept Recommendation, Biscayne Point Right of Way Infrastructure Improvement Project.
C7D Approve Settlement of a City Lien for Property at 2062 Alton Road.
C7E Execute Agreement for Fleet Maintenance Services with the Village of Key Biscayne.
C7F Retroactively Submit Applications for Grant Funds to Several Funding Agencies.
C7G Issue a Certification of Consistency w/ HACMB, (5) Year Plan for FY 2005-09.
C7H Execute Service Agreement w/ PN Investments, Unique Law Enforcement Services.
C7I Adopt/Appropriate 1st Amendment to the Police Confiscation Trust Fund Budget for FY 2004/05.
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C7J Adopt 1st Budget Amendment to the Police Special Revenue Account for FY 2004/05.
C7K Appropriate Funds, Remediation Work for Bayshore (MBGC) & Normandy Shores Golf Course.
C7L Appropriate $15,000 for the Annual E.A.R.T.H. Expo on April 10, 2005.
C7M Set Public Hearing, Vacation of Alley in Favor of the Vitri Project, 535 W. Avenue, LLC.
C7N Waive Bidding, Bass Museum of Art Permanent Collection Storage. 5/7
C7O Issue RFQ, Various Engineering Services, on an “As-Needed Basis” for Capital Projects.
C7P Appropriate Funds, Water & Wastewater Pump Station Upgrades Project.
C7Q Approve Settlement of a City Lien for Property at 3050 Alton Road.
C7R Accept Ranking of Firms, Conduct an Analysis for the Miami Beach Police Department.
REGULAR AGENDA
R2A BA 46-03/04, Provide Unarmed Security Guard Services, $1,915,200.
R5A 10:15 a.m. 2nd Rdg, Design Review & Planning Board Composition. 5/7
R5B 10:20 a.m. 2nd Rdg, Dissolve the Convention Ctr. Capital Projects Oversight Comm. (Garcia)
R5C 10:25 a.m. 2nd Rdg, Panhandling Ordinance. (Steinberg)
R5D 1st Rdg, Designation of Historic Structures & Issuance of Demolition Permits. 5/7
R5E 10:30 a.m. 1st Rdg, Campaign Finance Reform Ordinance. (Dermer/Smith)
R7A 5:10 p.m. Open/Cont., Approve Development Agreement for the “5th & Alton Road” Project.
R7B Appropriate Additional Funds to the Reserve for Contingencies in the General Fund.
R7C Adopt 1st Amendment to the General, Enterprise & Internal Service Funds - FY 2004/05.
R7D 10:45 a.m. Affirm the Finding of Inconsistencies in the Preliminary Plans Submitted by the JCC.
R7E Approve MB Cultural Affairs Program & CAC’s Budget Allocation for Various Programs.
R7F Approve Extension of Vendor Contract, Cultural Marketing Campaign for FY 2004/05.
R7G City Manager’s Annual Evaluation.
R9A Board and Committee Appointments.
R9B1 1:30 p.m. Dr. Stanley Sutnick Citizen’s Forum.
R9B2 5:30 p.m. Dr. Stanley Sutnick Citizen’s Forum.
R9C Disc. Senior Task Force. (Garcia)
R9D 10:40 a.m. Disc. Reso: Opposing Extension to the Urban Development Boundary. (Dermer)
R9E Disc. Resolution: Opposing Elimination of Funding for the CDBG. (Bower)
R9F 11:00 a.m. Presentation on the State Attorney’s Community Outreach Programs. (Garcia) 5/7
REPORTS AND INFORMATIONAL ITEMS
A City Attorney's Status Report.
B Parking Status Report.
C Status Report on Fire Station No. 2.
D Status Report on Fire Station No. 4.
E Informational Report on Federal, State, County and All Existing City Contracts.
F Presentation by Judge S. Leifman on the CIT Training Offered at Miami-Dade County.
G1 Minutes of December 17, 2004 - Miami-Dade County Homeless Trust Board Mtg. (Steinberg)
REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.
2A Report of the Itemized Revenues/Expenditures of RDA for January 2005.
3A BA 05-04/05, Purchase of Several Police & All Terrain Vehicles, $119,001.95.
3B Execute Revised Guaranteed Maximum Price/Amend Agmt, Renovation of the Colony Theatre.
Meeting called to order at: 9:19:06 a.m.
Invocation given by Rabbi Shapiro of the Hebrew Academy, 2400 Pine Tree Drive.
Pledge of Allegiance led by Assistant Police Chief Di Censo.
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Times based on the digital recording in the City Clerk’s Office
10:00:37 a.m.
Addendum items: C7R, R9F, and R9G
ACTION: Motion made by Commissioner Smith to add item C7R as emergency item to the
Commission Agenda; seconded by Commissioner Bower; Voice vote: 5-0; Absent: Vice-Mayor
Garcia and Commissioner Cruz.
Motion made by Commissioner Steinberg to add item R9F as emergency item to the Commission
Agenda; seconded by Commissioner Bower; Item added without objection; Absent: Vice-Mayor
Garcia and Commissioner Cruz.
Motion made by Commissioner Bower to add item R9G as emergency item to the Commission
Agenda; seconded by Commissioner Smith; Item added without objection; Absent: Vice-Mayor
Garcia and Commissioner Cruz.
Supplemental Materials:
C7H (Resolution), C7L (Additional Material and Resolution), R7F (Resolution), R7G (Memorandum
and Resolution.
Presentations and Awards
9:46:09 a.m.
PA1 Certificates Of Appreciation To Be Presented To Alfredo J. Gonzalez, Adrian Gonzalez,
Alejandro Gonzalez, Maria F. Gonzalez And Alfredo Gonzalez, Sr. Of David’s Café, For
Their Contribution To The Quality Of Life In City Of Miami Beach.
(Requested by Commissioner Matti Herrera Bower & Commissioner Simon Cruz)
(Deferred from February 23, 2005)
ACTION: Certificates presented.
Mayor Dermer stated that David’s Café is the epicenter of the political activity and the City
Commission appreciates it.
Commissioner Bower added that not only do they have a great and fun restaurant, but they
are a united family and they are not mentioned enough; they are very helpful with St.
Patrick’s Church and Father Alberto; they do a lot of things for the elderly and the poor in
the City and this is all volunteer work. Benita is never mentioned, but she is the strong one
in the family, and what they do, not only as a restaurant, but as a family, is appreciated.
Vice-Mayor Garcia stated that if there is a woman worth knowing it is Benita. He is happy
and proud to be their friends.
Commissioner Smith commended David Gonzalez, Sr., for having such a united family.
Commissioner Gross added that all the employees of the restaurant are part of the family,
and the atmosphere and feeling is that of a large family. He congratulated them for
providing also for their employees and being a real institution in the City.
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Commissioner Steinberg is happy to see that the children grew up to give back to the
community.
Murray Dubbin, City Attorney, explained that about ten years ago he needed to find a place
to eat, but when he found David’s Café, he also found friends and he felt at home. They
have improved the quality of life of the City.
New Item:
Mayor Dermer announced that former Miami Beach Commissioner Susan Gottlieb was elected as
the first woman Mayor of the City of Aventura.
9:40:17 a.m.
PA2 Proclamation To Be Presented In Honor Of National Women’s History Month.
(City Manager’s Office)
ACTION: Proclamation presented.
Jorge Gonzalez, City Manager, stated that in 1987 the U.S Congress passed a resolution
declaring the month of March as National Women’s History Month. In March the City has a
few activities taking place such as the art exhibit called “Standing on the Soap Box” which is
on display on the fourth floor. The City is also partnering with the City’s Committee on the
Status of Women to hold the Women Worth Knowing reception in honor of Women’s History
Month. The event will be held March 22 at 6:30 p.m. at the South Beach Marriot. He
recognized Diana Susi, Chair of the Commission on the Status of Women and Donna Zemo,
Chair of the “Women Worth Knowing” event. Ms. Zemo was unable to attend.
Diana Susi, Chair, Commission on the Status of Women, talked about the March 22 event
which will honor three wonderful women who either work or live in Miami Beach. She stated
that the Commission on the Status of Women does events on health, domestic violence,
equal pay/day and the “Women Worth Knowing” event. The Committee is also doing
leadership with young Miami Beach girls to maybe form a junior Commission on the Status
of Women. This year the National Convention for the Commission on Women will be held at
the Eden Roc July 13 -17.
Jorge Gonzalez, City Manager, recognized and congratulated the three women receiving
the 2005 award: Dr. Georgina Garcia, D.M.D., Elsie Sterling Howard and Judge Shelley J.
Kravitz.
Handout or Reference Material
1. Color brochure titled: “Women Worth Knowing 2005”
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9:21:58 a.m.
PA3 Proclamation To Be Presented In Honor Of The City's 90th Birthday.
(Requested by Mayor David Dermer)
ACTION: Proclamation presented.
Mayor Dermer stated that the City is celebrating its 90th birthday and there are a number of
activities to be held.
Ramiro Inguanzo, Chief of Staff, gave a brief background of the history of Miami Beach, and
explained that the activities will be kicked off after the State of the City Address by Mayor
Dermer scheduled for April 8th, which will be followed with the burial of a time capsule.
Other activities include historical exhibits on the 4th floor from April 8th to May 31st. For
Municipal Clerk’s Week, the City Clerk’s Office has been working on a Mock Commission
Meeting with Miami Beach High School students to reenact the meeting of April 6, 1915.
The Parks and Recreation Department will have a theme of “Happy Birthday Miami Beach.”
All events are open to the public and everyone is invited to attend.
9:24:55 a.m.
New Item:
Jorge Gonzalez, City Manager, announced Mayor David Dermer’s birthday.
9:53:01 a.m.
PA4 Certificates Of Appreciation To Be Presented To Employee Of The Month "At Your Service
Award” Winners For The Months Of January And February 2005.
(City Manager’s Office)
ACTION: Certificates presented to Arnold Gaines, Police Department, for the month of
January 2005, and to Nury Menicucci, Capital Improvement Program Office, for the month
of February 2005.
Jorge Gonzalez, City Manager, summarized the criteria for the employee recognition
program to identify those individuals that go above and beyond the call of duty and exhibit
good customer service. For the month of January, Arnold Gaines from the Police
Department was selected, and for the month of February, Nury Menicucci from the Capital
Improvement Program Office was selected.
Major James Mazer stated that Arnold is a true unsung hero in the Police Department. His
main job is delivering the mail and he truly loves his job, and everybody likes him. He
always has a smile and has something good to say. Arnold was recommended by his
peers.
Vice-Mayor Garcia stated that Arnold never gets upset, always has a smile and is really an
unsung hero in the City. He stated that it is great to have Arnold working for the City.
Arnold Gaines spoke.
Jorge Gonzalez, City Manager, announced the winner for the month of February, from the
Capital Improvements Program Office, Nury Menicucci.
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Tim Hemstreet stated that Nury is an example of the quality of the employees at the CIP
office. In addition to her excellent work at LaGorce, LaGorce/Pinetree median and the
Convention Center restrooms project, she was nominated for this award for her work at the
Jackie Gleason Theatre. This was a “trouble” project if it had not been for Nury’s efforts and
the long hours she worked, the project would not have been completed on time for the
grand opening in December. He commended her for her tenacity, dedication and hard work
for the City of Miami Beach.
Nury Menicucci spoke.
PA5 Certificate Of Appreciation To Be Presented To Phil Azan, Director Of Building, For His
Years Of Dedicated Service To The City Of Miami Beach.
(City Manager’s Office)
ACTION: Item not reached.
9:36 19 a.m.
PA6 Proclamation To Be Presented In Honor Of The Winter Music Conference 20th Anniversary.
(Tourism & Cultural Development)
ACTION: Proclamation presented.
Dennis Leyva, Film & Print Coordinator, stated that the City is honoring Bill Kelly on the 20th
anniversary of The Winter Music Conference, which has become a signature event for the
City. It is recognized as a world class event for music, similar to what Art Basel is for the art
world. He emphasized that this event has been here for 16 years and they have never
asked the City for money.
Bill Kelly, Co-Founder of The Winter Music Conference, thanked the City of Miami Beach,
Dennis Leyva and the citizens for their support.
Commissioner Gross also stated this event has a spin-off effect since people who come to
the conference later invest in the entertainment business. This impacts the City and we
appreciate that.
9:33:43 a.m.
New Item:
PA7 Certificate Of Appreciation To Be Presented To Officer Glen Teboe Miami Beach Police
Department For His Keen Power Of Observation And Dedication To Duty.
(Requested by Commissioner Smith)
ACTION: Certificate presented.
Commissioner Smith explained that during an armed robbery to an elderly citizen, Officer
Glen Teboe apprehended the three suspects; this was an important development in solving
the crime. Commissioner Smith recognized him for doing a very good job.
Captain Michael Auch stated that Officer Teboe takes great pride in his work and they
appreciate the work that he does.
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9:26:22 a.m.
New Item:
PA8 Certificate of Appreciation To Be Presented To The Information Technology Department For
Most Valuable And Distinguished Service On Behalf Of The City Of Miami Beach.
ACTION: Certificate presented.
Jorge Gonzalez, City Manager, recognized the entire staff of the Informational Technology
Department who worked citywide, around the clock for several days, to wipe out a virus that
infected the network and caused significant slowdowns and impacted daily operations. He
explained that at no time was the City in jeopardy of not being able to provide mission
critical systems, such as the 911 dispatchers and any of the public safety activities, and kept
all departments fully informed through the process. He explained that the City’s website
was always running and we did not lose external communication. He recognized in
particular Gladys Acosta, Acting IT Director and introduced the two new Division Chiefs in
the Department, Nelson Martinez responsible for Technical Support, Ryan Fernandez
responsible for Development, and Patricia Walker in helping guide this organization.
Gladys Acosta, Acting IT Director, thanked the City Commission for the recognition and
stated that this was a team effort.
Patricia Walker stated that this team has come together in the past year; this virus was a
multiple strain and the IT staff worked closely with Symantic Software Developers to
eliminate the virus for several days to make sure that the City was safe.
10:38:30 a.m.
New Item
Robert Parcher explained the Gear up Express Mentor Program and introduced Laurie K.
Davis.
Laurie K. Davis stated that they have 46 students in the program and 20 are sponsored by
employees of the City of Miami Beach. She wanted the City Commission to know that the
City of Miami Beach has wonderful employees that take time out of their day to service kids
in the community from Miami Central High School in Miami. She stated that Ramiro
Inguanzo, Chief of Staff, has taken the lead on this program. She read the names. She
read the names of the City mentors with the corresponding students.
Mentor Student Mentor Student
Andre, Marie France Shakevia Adell Barbara Hawayek Khadija Waldron
Lynn Bernstein Sherley Jeandedieu Ramiro Inguanzo Demetrius
Watkins
Margot Betteridge Tramille Julmiste Donnovan Ireland David Sampson
Delia Casoni Shauna Franklin Joyce Meyers Kenya Pierre-Paul
Carmela Chiovaro Chantal Russell Bob Parcher Ronald Weeks
Caroline De Freze Jessica Samson Monica Plaza Sherleen Phanur
Elaine Flores Erica Bass Nannette Rodriguez Natasha Figuera
Nathaniel Frazier Claude Vixama Leslie Rosenfeld Nastassia
Dietrich
Deborah Ginsberg Dieuline Alfred Maria Ruiz Shantrell Page
Linda Gonzalez Verbit Kala Burdon
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CONSENT AGENDA
ACTION: Motion made by Commissioner Bower to approve the Consent Agenda; seconded
by Commissioner Smith; Voice vote: 7-0.
C2 - Competitive Bid Reports
C2A Request For Approval To Purchase Four (4) 2005 Honda Four Trax Rubicon 4x4 All Terrain
Vehicles From Jim Walker’s Honda-Suzuki-Yamaha, Pursuant to City Of Miami Beach Bid
No. 05-04/05, In The Amount Of $29,274.60.
(Fleet Management)
ACTION: Award authorized. Drew Terpak to handle.
C2B Request For Approval To Reject All Bids Received Pursuant To Invitation To Bid (ITB) No.
21-03/04 For Small Low Floor Transit Buses.
(Procurement)
ACTION: Bids rejected. Gus Lopez to notify the bidders.
C4 - Commission Committee Assignments
C4A Referral To The Historic Preservation Board Regarding The Designation Of The Coral Rock
House At 1701 Normandy Drive As A Historic Structure.
(Requested by Commissioner Matti Herrera Bower)
ACTION: Referred. Jorge Gomez to place on the committee agenda and to handle.
City Clerk’s note: Included with this item is a copy of the Agreement between the City and Kent
Harrison Robbins for preservation of a coral rock house dated the 19th of December, 1994 – see
Resolution 94-21418
C4B Referral To The Finance And Citywide Projects Committee Of A Proposed Amendment To
EDAW’s Agreement With The City Of Miami Beach For The Planning And Design Of The
Flamingo Neighborhood Right Of Way Improvement Project To Provide For Additional
Professional Services In The Amount Of $556,219 Required To Implement The Project.
(Capital Improvement Projects)
ACTION: Referred. Patricia Walker place on the committee agenda. Jorge Chartrand to
handle.
C4C Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding On-
Street Parking/Espanola Way (And Cul De Sac).
(Requested by Commissioner Saul Gross)
ACTION: Referred. Vivian Guzman to place on the committee agenda. Saul Frances to
handle.
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C6 - Commission Committee Reports
10:04:50 a.m.
C6A Report Of The Finance And Citywide Projects Committee Meeting Of February 17, 2005: 1)
Discussion On Reallocation Of Funds To Provide For Additional Services To Reynolds
Smith And Hills To Complete The Documents For The La Gorce Neighborhood
Improvement Project; 2) Discussion On Reallocation Of Funds To Provide For Additional
Services To Reynolds Smith And Hills To Complete The Documents For The Nautilus
Neighborhood Improvement Project; 3) Discussion Of Request For Proposals (RFP) For
The Development And Implementation Of A Citywide Corporate Marketing And Sponsorship
Program; 4) Discussion Regarding The List Of Projects And Establishment Of Additional
Criteria For The Renewal And Replacement Fund; And 5) Discussion Regarding Quality Of
Life Funds.
ACTION: Commissioner Gross requested to correct the minutes regarding the drainage
contract for the architect and engineer. The discussion was regarding the approval of
additional funds which was later discussed at the Commission Meeting. He stated that his
comments were reflected as being critical of the BODR, the neighborhood planning process
and the permitting process. He requested that his comments reflect the fact that his
comments were meant to shorten the length of time going from the BODR to the
construction document phase, which was discussed at length and will be going back to the
Finance and Citywide Projects Committee. The issues are where will the extra money come
from, and testing the existing outfalls which was recommended by the engineer. Regarding
several articles in the newspaper regarding the construction projects which the City is
undergoing, his job as a Commissioner is not to make negative comments about employees
who are working hard, which in the CIP Department they definitely are, but to look at the
bigger picture and see how the process can be improved such as additional staff and
streamlining the bureaucracy which was slowing down the rate at which projects were
moving from the planning phase to the construction phase. He wanted to make sure that
there was not any misunderstanding about what was said at the Committee Meeting or in
the press.
Items No. 1and No. 2:
Items number 1 and 2 were heard jointly.
The Committee moved the items to the February 23, 2005 City Commission Meeting,
provided that La Gorce Neighborhood and Nautilus Neighborhood Home Owner’s
Associations are provided with sufficient notice of the proposed items. See February 23,
2005 – item C7B and C7C
Items No. 3:
The Committee moved the item to the full Commission, recommending approval of the
proposed program. See February 23, 2005 – item R7G
The Committee instructed the Administration to: remove the requirement of three years
governmental experience for prospective bidders; and, add governmental/public institutional
experience as a weighted scoring factor in the selection process.
Items No. 4:
The Committee moved the item to the full Commission. See February 23, 2005 –
item R7K
Items No. 5:
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The Committee instructed the Administration to: develop a method to ensure input from
residents and organizations from North, Middle and South Beach; and, bring back this item
to a future Committee meeting for discussion. Patricia Walker to place on a future
meeting agenda. Kathie Brooks to handle.
City Clerk’s note: The Commission Memorandum reference City Charter Section 43 ½ of an old
City Charter. The new City Charter Section is 5.03
C7 - Resolutions
C7A A Resolution Setting A Public Hearing Pursuant To Section 142-425, Miami Beach City
Code, To Consider An Amendment To The Zoning Map By Changing The Zoning District
Classification Of Property Located At 2620 Biarritz Drive, From GU (Government Use) To
RS-3 (Single Family Residential), Following The Property's Conveyance By The City To A
Private Party, Pursuant To City Commission Resolution No. 2005-25829, All In Accordance
With The City’s Comprehensive Plan And Land Development Regulations.
(Asset Management)
ACTION: Resolution No. 2005-25834 adopted. Public Hearing scheduled for April 20,
2005. R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Joe Damien
to handle.
10:31:04 a.m.
C7B A Resolution Approving A Waiver, By 5/7ths Vote, Of The Competitive Bidding Process,
Finding Such Waiver To Be In The City’s Best Interest, And Authorizing The Mayor And City
Clerk To Execute An Agreement Between The City Of Miami Beach, Florida, And Musco
Lighting To Be The Provider Of A Maintenance Free Sports Lighting System At Fairway
Park, In An Estimated Amount Of $311,700, To Be Installed At The Sports-Field, Basketball
Court, And Two (2) Tennis Courts.
(Capital Improvement Projects / Parks & Recreation)
ACTION: Item separated for discussion by Commissioner Smith. Resolution No.
2005-25835 adopted. Motion made by Commissioner Smith, seconded by Commissioner
Cruz. Voice vote: 7-0. Kevin Smith to handle.
Commissioner Smith explained that about five years ago it was thought that there would be
sufficient monies to install lights at this park. Five years later, the original cost of $100,000
went up to $311,000 approximately. At this time, the area has come back dramatically, it’s
more upscale and the demographics are different, and although lighting is needed,
particularly in the tennis court and basketball courts he stated being sensitive to the fact that
young families with small children are living there. The City should look at where these
lights can be installed, and whether an active use at the soccer field may interfere with the
folks that will be moving across the street. He would like to see a plan of where the
lights are going to be installed, and find out whether this is the best price that the
City can get as compared to other companies. Kevin Smith to handle.
Kevin Smith, Parks & Recreation Department Director, explained that the City is proposing
to use Musco lighting for sport field lighting and for the courts. This type of lighting has been
used in six other parks and has been found to be the most responsive and the best product
in the market. The City is using prices that were competitively bid through the City of
Jacksonville three years ago and they are honoring a three-year old price. In addition, there
are ways of controlling and managing the lighting by turning the lights on and off, and with
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the technical ability of these lights, there is no spillage to the neighborhoods across the
street, and the concern to neighborhood interference should be reduced substantially.
Commissioner Smith recommended that the department consults with the neighborhoods
and be proactive; present a plan that the neighbors feel comfortable with, and be sensitive
that the neighborhood is different today especially when having activities that are taking
place well into the night. Kevin Smith to coordinate a meeting of the neighborhood.
Commissioner Gross asked what the best format is to get the neighborhood involved once a
lighting plan is available, and he suggested that when plans are ready, to coordinate
meetings in the neighborhood.
10:06:52 a.m.
C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Qualifications Received Pursuant To Request For Qualifications (RFQ) No. 42-
03/04, For Engineering, Urban Design, And Landscape Architecture For Design, Bid And
Award And Construction Administration Services For The Biscayne Point Right Of Way
Infrastructure Improvement Project; Authorizing The Administration To Enter Into
Negotiations With The Top-Ranked Firm Of EAC Consulting, Inc.; And Should The
Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Firm,
Authorizing The Administration To Negotiate With The Second-Ranked Firm Of Consultech
Transportation, Inc.; And Should The Administration Not Be Able To Negotiate An
Agreement With The Second-Ranked Firm, Further Authorizing The Administration To
Negotiate With The Third-Ranked Firm Of Miller Legg And Associates, Inc.
(Capital Improvement Projects)
ACTION: Item separated for discussion by Commissioner Gross. Resolution No.
2005-25836 adopted. Motion made by Commissioner Cruz; seconded by Commissioner
Smith. Voice vote: 7-0. Jorge Chartrand to handle.
Commissioner Gross stated that the matrix on page 78 of the agenda shows that the four
resident members of the evaluation committee all voted EAC Consulting as No. 1. Joyce
Meyers, Principal Planner, Planning Department, also recommended EAC Consulting as
No. 1. The two professionals from CIP, who will be tasked with working with the consultants,
recommended the winning bidder as No. 4 and No. 3. This is a technical job going from the
planning phase to the construction documents. He asked if it is a pattern that the City’s
professional staff committee members radically rank the companies different then the
residents member of the evaluation committee.
Commissioner Smith stated that he raised the same issue with the City Manager during
agenda review.
Jorge Gonzalez, City Manager, stated that it has been his experience that it is not normally
the case to have a lay person sit on evaluation committees. Over the years he has grown to
appreciate the involvement of residents. There is not a pattern where staff and residents
disagreeing. On the front end staff does extensive referencing checking. After the
Committee has made its recommendation, Purchasing and CIP, in this case, reviewed the
decision and confirmed that the decision made the most sense, ultimately the City Manager
makes the final decision. In this case, the program manager, Hazen and Sawyer, has
reviewed EAC Consulting, and was told that they do have a good reputation and are strong
in the engineering field. EAC Consulting is presently working for the City on the Collins 5th
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to 15th project. The City employee ranked them fourth because she felt that they were
stronger in FDOT projects such as roads. He stated that the ranking is not close enough to
revisit and feels confident with this decision.
Jorge Chartrand, CIP Director, stated that the City has experience with EAC Consulting
although not specifically with streetscape projects. They have a good reputation in the
industry.
Mayor Dermer stated that Tim Hemstreet and Jorge Chartrand, but mostly Tim got a bit of a
shot in a recent newspaper article. He stated that he has had the privilege of working with
Tim and Tim has done an outstanding job. He stated that he hopes that the City gets as
much media coverage on the opening of the projects as the City has had with the delay of
some projects.
Commissioner Bower stated that is important to have the proper balance on the committees.
Citizens want to be involved. If the issue is technical have more technical staff.
Jorge Gonzalez, City Manager, stated that a lot of thought goes into selecting the evaluation
committee.
Vice-Mayor Garcia stated that with the number of projects the City has is mind boggling;
appointees to committees sometimes lack expertise, and in these cases, expertise is
important. If there are technical issues, there should be technical members on the
committee. He requested an LTC with the names of the past selection committees, the
composition, and the repeat number of members who have served. Gus Lopez to handle.
Commissioner Gross stated that the Administration tries to use citizens who have attended
the Neighborhood Leadership Academy and should perhaps consider using board and
committee applicants.
C7D A Resolution Approving The Settlement Of A City Lien On Real Property Owned By Mr.
Ricardo F. Raphael Located At 2062 Alton Road, Miami Beach, Florida, Resulting From
Special Master Case No. JC00000291 And Providing That The Lien In The Amount Of
$115,910.54 Plus Interest Be Settled In The Amount Of $0.00.
(City Manager’s Office)
ACTION: Resolution No. 2005-25837 adopted. Robert Middaugh to handle.
C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An
Intergovernmental Agreement For Fleet Maintenance And Repair Services Between The
City Of Miami Beach, Florida, And The Village Of Key Biscayne, Florida.
(Fleet Management)
ACTION: Item withdrawn.
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C7F A Resolution Authorizing The City Manager Or His Designee Retroactively To Submit
Applications For Grant Funds To The Following Agencies: 1) The Children's Trust, Fiscal
Year 2005/06 Out-Of-School Program, For Funding, In An Amount Not To Exceed
$1,250,000, For The City's Year Round Programs; And, 2) Federal Emergency
Management Agency (FEMA), Fiscal Year 2005/06 Pre-Disaster Mitigation Program, For
Funding, In An Amount Not To Exceed $2,000,000, For Pre-Disaster Hazard Mitigation
Activities; 3) Miami-Dade County Tourist Development Council, In An Amount Not To
Exceed $20,000 For The City’s Fourth Of July Event; And, 4) Miami-Dade County Tourist
Development Council, In An Amount Not To Exceed $20,000 For The City’s Camp Miami
Beach Program; Further Appropriating The Grants If Approved And Accepted By The City;
And Authorizing The Execution Of All Necessary Documents Related To This Application.
(Grants Management)
ACTION: Resolution No. 2005-25838 adopted. Patricia Walker to appropriate the funds if
approved and accepted by the City. Judy Hoanshelt to handle.
C7G A Resolution Approving And Authorizing The City Manager To Issue A Certification Of
Consistency With The City's Consolidated Plan To The Housing Authority Of The City Of
Miami Beach (HACMB) For Their Five Year Plan For Fiscal Years 2005-2009 And Their
Annual Plan For Fiscal Year 2005, To Be Submitted By HACMB To The U.S. Department Of
Housing And Urban Development (U.S. HUD).)
(Neighborhood Services)
ACTION: Resolution No. 2005-25839 adopted. Vivian Guzman to handle.
Supplemental Materials (Resolution):
C7H A Resolution Authorizing The Mayor And The City Clerk To Execute A Professional
Services Agreement Between The City Of Miami Beach, Florida And PN Investments, Inc.
For $62,500 For Unique Law Enforcement And Investigative Services.
(Police Department)
ACTION: Resolution No. 2005-25840 adopted. Chief De Lucca to handle.
10:23:03 a.m.
New Item
The City Commission sang Happy Birthday to Mayor Dermer for his 42nd birthday and presented
him with a birthday cake.
C7I A Resolution Adopting And Appropriating The First Amendment To The Police Confiscation
Trust Fund Budget For The Fiscal Year 2004/05 In The Amount Of $292,200 To Be Funded
From The Proceeds Of State ($21,700) And Federal-Justice ($270,500) Confiscated Funds.
(Police Department)
ACTION: Resolution No. 2005-25833 adopted. Chief De Lucca to handle.
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C7J A Resolution Adopting The First Budget Amendment To The Police Special Revenue
Account For Fiscal Year 2004/05 In The Amount Of $14,500, Such Account Funded By
Unclaimed Evidence Currently Held In The Police Special Revenue Account.
(Police Department)
ACTION: Resolution No. 2005-25841 adopted. Chief De Lucca to handle.
C7K A Resolution Authorizing The Appropriation Of Funds From The Resort Tax And Gulf
Breeze Interest To Complete Remediation Work For The Bayshore (Miami Beach Golf Club)
And Normandy Shores Golf Course For Fiscal Year 2004/2005 In The Amount Of $667,582.
(Public Works)
ACTION: Resolution No. 2005-25842 adopted. Fred Beckmann to handle.
Supplemental Materials (Additional Material and Resolution):
C7L A Resolution Accepting A Donation Of $5,000 From Coastal Planning & Engineering, Inc.,
And Additional Sponsorships From Other Environmental And Socially Responsible
Businesses, To Be Used For The City’s E.A.R.T.H. Expo’5 In Celebration Of Earth Day.
(Public Works)
ACTION: Resolution No. 2005-25843 adopted. Fred Beckmann to handle.
C7M A Resolution Setting A Public Hearing For April 20, 2005, To Hear Public Comment, As
Required By The City’s Guidelines For Vacation Or Abandonment Of Streets Or Other
Rights Of Way And Pursuant To Section 82-37 Of The City Code (Ordinance No. 92-2783),
Regarding The Vacation Of An Alley, Adjacent To Lots 2 Through 7 Of The Amended Plat
Of Aquarium Site Resubdivision, Containing Approximately 4,200 Square Feet, In Favor Of
The Applicant(And Developer Of The Vitri Project), 535 West Avenue, LLC, And Approving
And Accepting The Dedication By 535 West Avenue LLC, Of Portions Of Lots 8, 9, 10 And
13 Of Same Subdivision, Containing Approximately 4,200 Square Feet, For Perpetual Use
As A Public Alley.
(Public Works)
ACTION: Resolution No. 2005-25844 adopted. Public Hearing scheduled for April 20,
2005. R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Fred
Beckmann to handle.
C7N A Resolution Waiving By 5/7ths Vote, The Formal Competitive Bidding Requirements,
Finding Such Waiver To Be In The City’s Best Interest, And Approving The Use Of The
Fortress - Miami Corp And Artex Art Storage And Art Handling, On A Month To Month
Basis, In A Not To Exceed Amount Of $74,000, Until Such Time That Long-Term Storage
Needs For The Bass Museum Of Art Permanent Collection Can Be Determined And A
Contract Awarded As A Result Of A Competitive Bidding Process.
(Tourism & Cultural Development)
ACTION: Resolution No. 2005-25845 adopted. Max Sklar to handle.
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C7O A Resolution Authorizing The Administration To Issue Request For Qualifications (RFQ) No.
16-04/05 For Professional Architectural And Engineering Services In Various Professional
Specialties, On An “As-Needed Basis,” For Capital Projects In Which The Basic
Construction Cost Does Not Exceed $500,000 Per Project, Or For Study Activities For
Which The Fee Does Not Exceed $25,000; Further, Extending The Term Of The Existing
Contract Agreements With The Consultants Dated June 6, 2001, On A Month To Month
Basis Until The New Contracts Are Awarded.
(Procurement)
ACTION: Resolution No. 2005-25846 adopted. Gus Lopez to handle.
C7P A Resolution Appropriating Funding Available From The Series 2000 Water And Sewer
Bond Fund For The Water And Wastewater Pump Station Upgrades Project In The Amount
Of $260,307 For Additional Items Needed In Order To Complete The Project.
(Capital Improvement Projects)
ACTION: Resolution No. 2005-25847 adopted. Patricia Walker to appropriate the funds.
Jorge Chartrand to handle.
C7Q A Resolution Approving The Settlement Of A City Lien On Real Property Located At 3050
Alton Road, Miami Beach, Owned By Nestor Alvarez Together With Nora Reinfeld Alvarez,
Resulting From Special Master Case No. JC990459 And Providing That The Lien In The
Amount Of $325,601.60 Plus Interest Be Settled For The Amount Of $5,000.00.)
(City Manager’s Office)
ACTION: Resolution No. 2005-25848 adopted. Robert Middaugh to handle.
Addendum Item:
C7R A Resolution Accepting The Ranking Of Firms Pursuant To Request For Proposals (RFP)
No. 40-03/04, Selection Of A Consultant To Conduct An Analysis To Determine The Most
Effective Personnel Staffing Levels, Deployment, And Evaluate Existing Policies Governing
Overtime, Off-Duty And Secondary Employment For The Miami Beach Police Department:
MAXIMUS, Inc. As The Top-Ranked Firm, And Police Executive Research Forum (PERF)
As The Second-Ranked Firm; Authorizing The Administration To Enter Into Negotiations
With MAXIMUS And If Unsuccessful In Negotiating An Agreement With MAXIMUS,
Authorizing The Administration To Enter Into Negotiations With PERF; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement Upon Completion Of
Successful Negotiations In The Estimated Amount Of $142,000.
(Procurement)
ACTION: Resolution No. 2005-25849 adopted. Kathie Brooks and Chief De Lucca to
handle.
End of Consent Agenda
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REGULAR AGENDA
R2 - Competitive Bid Reports
10:57:25 a.m.
R2A Request For Approval To Award A Contract To Internal Intelligence Service, Inc., As The
Primary Vendor To Provide Unarmed Security Guard Services For An Estimated Annual
Amount Of $1,915,200, Pursuant To Invitation To Bid No. 46-03/04; Further Request
Approval To Award A Contract To Sereca Security Corporation As The Secondary Vendor
To Be Used Only In The Event That The Primary Vendor (Internal Intelligence Service, Inc.)
Cannot Fulfill Their Contractual Obligations.
(Police Department)
ACTION: Award approved. Motion made by Commissioner Steinberg; seconded by
Commissioner Bower; Voice vote: 7-0. Chief De Lucca to handle.
Jorge Gonzalez, City Manager, introduced the item.
Major James Mazer, MBPD, stated that he was involved in the interview process and
although this company was the lowest bidder, the Police Department feels confident they
will be able to provide the service the City is looking for.
Jorge Gonzalez, City Manager, stated that Internal Intelligence Service, Inc. has agreed to
interview, not necessarily hire, current employees, and have asked for any recommendation
the City may have.
Jerry Gregory, President and CEO of Internal Intelligence Service, Inc, informed the City
Commission that it has always been their policy to give preference to those employees who
are already on the job. It is an advantage; however, no guarantees can be made because of
a number of issues.
Mayor Dermer stated that everyone has a good relationship with the current City Hall staff.
Vice-Mayor Garcia stated that the night guard is very good and gave an example of when
his laptop computer was stolen.
Commissioner Smith stated that the boardwalk has been an issue of his for many years. He
encouraged them not to hire the guards who work the boardwalk. He stated that there are
specific rules governing the boardwalk, and the guards that patrol the boardwalk are not
being effective. He will encourage them to be careful and sensitive to the needs of that area,
but he will hold Administration and the company accountable.
Mr. Gregory shares his concerns and assured the Commission that the boardwalk will be
top priority.
Commissioner Bower stated that the City needs to be creative on how to patrol Lincoln
Road and the boardwalk where there is a lot of territory to cover.
Jorge Gonzalez, City Manager, stated that the Administration and Legal are working out
how to allow the security guards to ride bicycles on the boardwalk. The camera on the
boardwalk is a really good addition. He also stated that the reason the contract
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management was moved from Property Management to Police was to address some of the
problems on the boardwalk.
Commissioner Bower stated that the guards are the City’s ambassadors. The guards need
to be polite to our residents and visitors.
Jorge Gonzalez, City Manager, stated that all City contracts of services where they are
extensions of City staff are required to attend the City’s Customer Service Excellence
Standards training.
Commissioner Smith asked if there is a scanning mechanism on the boardwalk.
Major James Mazer, MBPD, stated that if there are not scanning mechanism presently
installed, the new company can install them.
R5 - Ordinances
2:05:14 p.m.
R5A Design Review And Planning Board Composition
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 118, "Administration And Review Procedures", Article
II, "Boards”, By Amending Section 118-53 To Modify The Requirements For The
Composition Of The Planning Board And To Correct A Portion Of The Section Regarding
Attendance; By Amending Section 118-72 To Modify The Requirements For The
Composition Of The Design Review Board; Providing For Repealer, Codification,
Severability And An Effective Date. 10:15 a.m. Second Reading, Public Hearing.
(Planning Department)
(First Reading on February 23, 2005)
ACTION: Public Hearing held. Ordinance No. 2005-3477 adopted. Motion made by
Commissioner Steinberg; seconded by Commissioner Bower; Ballot vote: 6-0. Absent:
Commissioner Cruz. R. Parcher and Jorge Gomez to handle. R. Parcher to transmit to
Municipal Code Corp.
Handout or Reference Materials:
1. Notice of Ad in The Miami Herald
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3:04:25 p.m.
R5B An Ordinance Repealing Division 24, Entitled “Convention Center Capital Projects Oversight
Committee”, Of Article III, Entitled “Agencies Boards And Committees”, Of Chapter 2,
Entitled “Administration”, Of The Miami Beach City Code In Order To Dissolve The
Convention Center Capital Projects Oversight Committee; Providing For Severability,
Repealer, Codification, And An Effective Date. 10:20 a.m. Second Reading, Public
Hearing.
(Requested by Vice-Mayor Luis R. Garcia, Jr.)
(First Reading on February 23, 2005)
ACTION: Public Hearing held. Ordinance No. 2005-3478 adopted. Motion made by
Commissioner Smith; seconded by Commissioner Bower; Ballot vote: 7-0. R. Parcher to
handle and transmit to Municipal Code Corp.
On the initial role call, Vice-Mayor Garcia’s vote was recorded as absent. Subsequently he
requested, on the record, that he be recorded as a “yes” vote.
Handout or Reference Materials:
1. Notice of Ad in The Miami Herald
1:04:16 p.m.
R5C An Ordinance Amending Miami Beach City Code Chapter 74, Article III Thereof Entitled
“Peddlers And Solicitors,” Section 74-76 Through And Including Section 74-79, By Deleting
Certain Definitions; Clarifying Applicability Of Article; Deleting Certain Locations Where
Panhandling Is Prohibited; And Modifying The Distance From Certain Uses Within Which
Panhandling Is Prohibited; Providing For Repealer, Severability, And An Effective Date.
10:25 a.m. Second Reading, Public Hearing.
(Requested by Commissioner Richard L. Steinberg)
(First Reading on February 23, 2005)
ACTION: Public Hearing held. Ordinance No. 2005-3479 adopted as amended. Motion
made by Commissioner Smith to strike item 74-78 (2) and to add after the word perimeter
“as defined by the site plan attached to the City’s permit”; seconded by Commissioner
Steinberg. R. Parcher to transmit to Municipal Code. Vivian Guzman to handle.
Benjamin Waxman, on behalf of the American Civil Liberty Union, ACLU, spoke.
Commissioner Steinberg stated that Mr. Waxman raised the issue of how to measure the
twenty (20) feet perimeter.
Sheri Sack, the City’s specialist on Constitutional issues, explained that it is measured from
the perimeter of the outside café, as identified in the agreement for that outside café.
Commissioner Steinberg stated that he would like to incorporate all previous testimonies
into the record. This ordinance makes the issues narrower and liberalizes the ordinance.
Motion made by Commissioner Steinberg; seconded by Vice-Mayor Garcia; discussion
continued.
Commissioner Gross asked if the Legal Department is prepared to defend the ordinance.
He is concerned because the Legal Department expressed concerns that they could not
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defend the ordinance which is presently in the City Code.
Sheri Sack, the City’s specialist on Constitutional issues, stated that it was never said that
the prior ordinance couldn’t be defended. What was said is that there are certain issues in
the prior ordinance which may have made it difficult and “yes” the Legal Department feels
comfortable in its ability to defend this ordinance.
At Commissioner Smith’s request, Sheri Sack addressed the issue of context neutral
language.
Commissioner Bower asked if the Girl Scouts can sell cookies on Lincoln Road.
Jorge Gonzalez, City Manager, stated that the Girl Scouts have been referred as a non-
profit organization to the Market Company, and the Company provides them a table as part
of the concession with Lincoln Road.
Ballot vote: 3-3; Opposed: Mayor Dermer, Commissioners Smith and Bower. Absent:
Commissioner Cruz.
Commissioner Steinberg stated that we now have an ordinance which is broader, that is
subject to more challenge, and that our Police Officers are still enforcing.
Mayor Dermer explained that this is the type of issue that can create a perception that
Miami Beach has a lot of panhandlers. He added that 99%, 99.8% of the people on Lincoln
Road are having a good time and behaving. We are dealing with a tiny segment of the
population. He added that he did not want the City to be diverted from all of the tremendous
things going on in the City with one small issue. The question is do we want to continue that
break. He stated he is concerned with how the City is perceived and how it is managed.
Murray Dubbin, City Attorney, recommended making a motion to reconsider and pass the
ordinance in the Agenda on first reading and gave the Legal Department instructions to
clean-up the ordinance.
Because the current ordinance on the books is broader, Commissioner Smith made a
motion to reconsider the previous vote; seconded by Commissioner Steinberg; Voice
vote: 6-0; Absent: Commissioner Cruz.
Motion made by Commissioner Smith to adopt the ordinance striking 74-78 (2) and (3)
and to add language defining perimeter “as defined by the site plan attached to the
City’s permit.”
Jorge Gonzalez, City Manager, encouraged the City Commission, in addition to 74-78 (1), to
include 74-78(3).
Commissioner Smith amended the motion to include 74-78(3). Vivian Guzman to handle.
R. Parcher to transmit to Municipal Code Corp. Voice Vote: 5-1; Opposed:
Commissioner Bower; Absent: Commissioner Cruz.
Commissioner Bower stated she will put an item on the next Agenda to repeal the ordinance
in its entirety.
Handout or Reference Materials:
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1. Notice of Ad in The Miami Herald
12:20:44 p.m.
R5D An Ordinance Amending The Land Development Regulations Of The City, By Amending
Chapter 118, “Administration And Review Procedures,” Article X, “Historic Preservation”,
Division 4, “Designation,” Section 118-591, By Amending The Procedures For Instructions
To The Planning Department For Designation Of Historic Structures And The Issuance Of
Demolition Permits; Providing For Repealer, Severability, Codification And An Effective
Date. First Reading.
(Planning Department)
ACTION: Ordinance deferred and referred to the Land Use and Development
Committee. Motion made by Commissioner Gross; seconded by Commissioner Bower;
Voice vote: 5-1; Opposed; Vice-Mayor Garcia; Absent; Commissioner Cruz. Jorge Gomez
to place on the committee agenda. Jorge Gomez and Legal to handle.
Gary Held, First Assistant City Attorney, introduced the item.
Jorge Gomez, Planning Director, stated that the Administration’s recommendation is to
adopt the ordinance on first reading and refer it to the Land Use and Development
Committee.
Commissioner Smith stated that his problem with the ordinance is that for the first time ever,
the City is providing “less” notice to people rather than “more” notice.
Jorge Gomez, Planning Director, explained that there will be a fully noticed process for
designation.
Commissioner Smith stated that this ordinance allows zoning-in-progress to begin without
the affected property owners being notified. He stated that he has trouble with the noticing
provision.
Both Jorge Gomez and Gary Held agreed.
Commissioner Cruz added that there are two competing interests that are both for the public
good: 1) properties to be preserved, and 2) properties demolished before they can be
preserved. Proper public notice issue needs to be reconciled.
Neisen Kasdin spoke.
Gary Held, First Assistant City Attorney, explained how the process, as proposed, would
work.
Commissioner Gross asked if the Miami-Dade County has this ordinance in existence today.
Gary Held, First Assistant City Attorney, responded “yes” and that former Mayor Kasdin
informed him that so does the City of Coral Gables.
Commissioner Smith requested to amend the referral to consider the entire notion of the
designation process and to make it consistent with the conservation district process to
where some of the designation initiatives would have to start at the City Commission level
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as opposed to the Historic Preservation Board.
Commissioner Bower stated that her concern is that the door would be opened too wide.
Commissioner Smith stated that he would make that a separate referral sometime in the
future.
Vice-Mayor Garcia stated that the discussions should be held at a Commission Workshop
rather than at the Land Use and Development Committee.
Commissioner Gross stated that the real issue is the piece-meal handling of the different
buildings throughout the City. He stated at one time there was discussion to hire an
additional planner to look at neighborhoods overall and decide if there are historic houses or
commercial properties that are not designated. He asked if there is a way to do this more
broadly. Jorge Gomez to handle.
Handout or Reference Material
1. Resolution of the Miami-Dade County Historic Preservation Board – Resolution 07-04
City Clerk cross reference: zoning in progress.
2:02:18 p.m.
R5E An Ordinance Amending Miami Beach City Code Chapter 2, Article Vii, Division 5 Thereof
Entitled “Campaign Finance Reform” By Amending Code Sections 2-487 Entitled “Prohibited
Campaign Contributions By Vendors”, 2-488 Entitled “Prohibited Campaign Contributions By
Lobbyists On Procurement Issues”, Section 2-489 Entitled “Prohibited Campaign
Contributions By Real Estate Developers”, And Section 2-490 Entitled “Prohibited Campaign
Contributions By Lobbyists On Real Estate Development Issues”, By Adding Language
Providing That The 12 Month Period In Which A Prohibited Donor Of A Campaign
Contribution Is Disqualified From Certain Specified Associations With The City Shall
Commence Upon A Final Finding Of Violation, Or If Applicable, Upon Miami Beach City
Commission Action On A Waiver Request; Providing For Repealer, Severability,
Codification, And An Effective Date. First Reading.
(Requested by Mayor David Dermer & Commissioner Jose Smith)
ACTION: Ordinance referred to the Neighborhood/Community Affairs Committee
without objection.
Commissioner Smith stated that during agenda review the City Manager and City Attorney
raised some issues about the ordinance and thought the ordinance was going to go back for
further review
Mayor Dermer asked if this item could be deferred.
Commissioner Bower requested that someone brief her before the meeting. Legal
Department to handle.
Commission Smith requested Legal to meet with Jorge Gonzalez, City Manager, because
he raised an issue dealing with existing vendors who may be found to be in violation by the
Ethics Commission and what happens to the existing contract. Legal Department to
handle.
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R7 - Resolutions
3:03:53 p.m.
R7A A Resolution In Accordance With The Requirements Of Sections 163.3220 - 163.3243,
Florida Statutes, Also Referred To As The “Florida Local Government Development
Agreement Act”, Approving, On First Reading, A Development Agreement Between The
City Of Miami Beach And AR&J SOBE, Llc (A/K/A Potamkin/Berkowitz) For The
Development Of The Project, Presently Referred To As “5th And Alton”, Containing
Approximately 179,000 Square Feet Of Retail Area, A Supermarket; An Approximate 1070
Space Parking Garage; Park-And-Ride Transit Facility, Including An
Intermodal/Transportation Component, And Surrounding Streetscape And Public
Infrastructure To Serve The Project, Bounded By Lenox Avenue On East, Alton Road On
West, 6th Street On North And 5th Street On The South, In Miami Beach; Further
Considering, On Second (And Final) Approval Of The Development Agreement; And Further
Setting, For A Time And Date Concurrent With The Second And Final Reading Of The
Aforestated Development Agreement, A Public Hearing, As Required Pursuant To The
City’s Guidelines For The Vacation Of Public Right Of Ways And Chapter 82, Article II,
Sections 82-37 Through 82-38 Of The Miami Beach City Code, To Hear Public Comment
Concerning The Vacation Of The Adjacent Public Alley, Generally Located Between Alton
Road And Lenox Avenue, And Containing Approximately 7,800 Square Feet Of Land, For
Incorporation Into The Proposed Project. 5:10 p.m. First Public Hearing .
(City Manager’s Office)
(Continued from February 23, 2005)
ACTION: Public Hearing opened and continued to April 20, 2005 at 5:10 p.m. without
objection. Motion made by Commissioner Smith; seconded by Commissioner Cruz. Lilia
Cardillo to place on the Commission Agenda. Tim Hemstreet to handle.
3:06:02 p.m.
R7B A Resolution Appropriating An Additional $1,193,443 To The Reserve For Contingencies In
The General Fund (11% Emergency Reserve) From The Undesignated Fund Balance Of
The General Fund.)
(Budget & Performance Improvement)
ACTION: Resolution No. 2005-25850 adopted. Motion made by Commissioner Bower;
seconded by Commissioner Smith; Voice vote: 7-0. Patricia Walker to appropriate the
funds.
3:07:06 p.m.
R7C A Resolution Adopting The First Amendment To The General, Enterprise, And Internal
Service Funds Fiscal Year (FY) 2004/2005 Budgets To Appropriate Prior Year
Encumbrances.
(Budget & Performance Improvement)
ACTION: Resolution No. 2005-25851 adopted. Motion made by Commissioner Smith;
seconded by Commissioner Steinberg; Voice vote: 7-0. Kathie Brooks to handle.
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11:18:06 p.m.
R7D A Resolution Affirming The Finding Of The City Manager That The Preliminary Plans And
Specifications Submitted By The Miami Beach Jewish Community Center, Inc. (JCC) On
February 8, 2005, Are Materially Inconsistent With The Original Concept Plan Contained In
The Amended And Restated/Consolidated Lease Agreement By And Between The City Of
Miami Beach And The JCC For The City-Owned Property Located At 4221-29 Pine Tree
Drive, Miami Beach, Florida, And Therefore Referring The Item To The
Neighborhood/Community Affairs Committee For Review And Discussion Of The Proposed
Changes.
(Asset Management)
ACTION: Item referred. Motion made by Commissioner Bower to refer item to the
Neighborhood/Community Affairs Committee; seconded by Commissioner Smith; amended
by Commissioner Gross to add that the Administration meet with the JCC to work out all
time extensions needed. Voice vote: 7-0. Vivian Guzman to place on the committee
agenda. Joe Damien to handle. Jorge Gomez to meet with the JCC.
Jorge Gonzalez, City Manager, stated that the item before the City Commission is pursuant
to the agreement between the City of Miami Beach and the Jewish Community Center
(JCC.). The agreement outlines certain steps which the JCC must accomplish in order to
proceed with their development. One step is by a certain date provide the City with
renderings and the concept drawings. If the Administration determines that the drawings
are materially inconsistent with what was presented to the City originally, then the
Administration needs to declare it and refer the matter to the City Commission with a
recommendation to refer the matter to the Neighborhood/Community Affairs Committee for
further discussion. A significant concern is the amount of green space that ends up in the
project. The Administrations has a significant concern and it is related to the lack of green-
space.
Robin Jacobs, President of the Miami Beach JCC and resident of Miami Beach for the past
15 years, spoke.
Darren Diner, Executive Director of the Miami Beach JCC, spoke.
Commissioner Bower stated that the Center will need green space for the children to play;
and stated that it appears the green space, which was the issue before, has been removed.
She added that she is concerned that the JCC has a massive building that takes the whole
lot and the green space is a small piece on the back. She requested the issue be referred
to the Neighborhood/Community Affairs Committee for discussion.
Jeffrey Bercow, resident of Miami Beach and representing the JCC, spoke.
Jorge Gonzalez, City Manager, stated that the last time the plan went to the
Neighborhood/Community Affairs Committee it was not approved, in fact is was referred to
the Planning Board. He stated that he does not think the plan adequately addresses the
green space. He strongly recommended that this issue be referred to the
Neighborhood/Community Affairs Committee.
Motion made by Commissioner Bower to refer to the Neighborhood/Community Affairs
Committee; seconded by Commissioner Smith.
Commissioner Gross requested an amendment extending all the time periods.
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Jorge Gonzalez, City Manager, suggested the amendment be to have the JCC meet with
staff to determine what the appropriate time period is to extend to and all the other trigger
points may need to be adjusted.
Vice-Mayor Garcia stated that he is in favor of the plan.
Commissioner Smith stated that this is the first time he has seen the proposed plan and
agrees with Commissioner Bower that the City Commission needs to review the new plan
and resolve some of the density, height, and open space issues in a committee setting.
Joy Spill, immediate past President of Orchard Park, distributed a letter for the record.
Handout or Reference Material
1. Color brochures title Camp Regesh 2005/5765 and 2005 Spring Program Guide
2. Letter from Penny Parham, President, Orchard Park Neighborhood Association, dated March 15,
2005, RE: Miami Beach Jewish Community Center (JCC) – 4221 Pine Tree Drive – Proposed
expansion
1:56:30 p.m.
R7E A Resolution Approving And Authorizing The Miami Beach Cultural Affairs Program And
Cultural Arts Council’s Budget Allocation Of $162,500 From The Fiscal Year 2004/2005
Contingency Fund Balance, For The Miami Beach Cultural Education Initiative, Arts
Economic Impact Study, Cultural Affairs Program Website, Marketing Campaign, And
Cultural Endowment And Further Authorizing The City Manager To Execute An Interlocal
Agreement With Miami-Dade County Public Schools Division Of Life Skills For A Cultural
Arts Education Program In City Of Miami Beach Schools In An Amount Not To Exceed
$37,500
(Tourism & Cultural Development)
ACTION: Resolution No. 2005-25853 adopted. Motion made by Commissioner Bower;
seconded by Commissioner Gross; Voice vote: 6-0. Absent: Commissioner Cruz. Max
Sklar to handle.
Ada Llerandi, Chair, Miami Beach Cultural Arts Council, spoke.
Mayor Dermer thanked Ada for her leadership and efforts.
Handout or Reference Material
1. Color Brochure titled Art is Everywhere - Art. Here. Now. Prepared by the City of Miami Beach
Cultural Affairs Program Tourism and Cultural Development
2:01:34 p.m.
Supplemental Materials (Resolution):
R7F A Resolution Approving An Extension Of The Vendor Contract For Bristol Public Relations,
Dated November 11, 2004, In An Amount Not To Exceed $25,000, To Fund The Cultural
Marketing Campaign For The Remainder Of Fiscal Year 2004/2005.
(Tourism & Cultural Development)
ACTION: Resolution No. 2005-25854 adopted. Motion made by Commissioner Bower;
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seconded by Commissioner Gross; Voice vote: 6-0; Absent: Commissioner Cruz. Max Sklar
to handle.
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2:21:24 p.m.
Supplemental Materials (Memorandum and Resolution):
R7G A Resolution Relating To The Annual Evaluation Of The City Manager; Receiving The City
Manager’s Report And Adjusting His Employment Contract Accordingly.
(City Manager’s Office)
(Memorandum & Resolution to be submitted in Supplemental)
ACTION: Resolution No. 2005-25855 adopted. Motion made by Commissioner Cruz;
seconded by Commissioner Smith; Voice vote: 6-1; Opposed: Commissioner Steinberg.
Mayra Diaz Buttacavoli to handle.
Mayor Dermer stated that the review of the City Manager is an annual process. Each
elected official was asked to evaluate the City Manager. He also indicated that the City
Manager met individually with each Commissioner. He asked Jorge Gonzalez, City
Manager, to give the City Commission some background.
Jorge Gonzalez, City Manager, stated that his contract is a three year contract, which calls
for an annual performance evaluation. The evaluation period is from August to August.
Last August 21 marks the completion of four years of service as your City Manager. During
these four years the City has made great strides which are outlined in the January 19, 2005
Interoffice Memorandum which is included in the Supplemental Materials. He stated that as
part of his performance evaluation his contract allows for the consideration by the
Commission of based salary which can include a merit increase at the pleasure of the City
Commission and a cost of living adjustment, again at the pleasure of the City Commission;
another component in the contract allows for a performance bonus if warranted. There are
other provisions in the contract that are governed, such as health insurance and other fringe
benefits. Over the last four years, the Commission has done different things to adjust the
salary package. He stated that after his first year of service, just before his evaluation, 911
occurred and there were some uncertainties and concerns as to whether the City would
experience any financial ramification, and he and the City Commission voluntarily agreed
not to do a performance evaluation or performance bonus and benefits were adjusted in a
different a way. The second year, the normal process was used and some benefits were
awarded. The third year the Commission granted a 3% COLA, because of the future union
negotiations. This year, after discussing with the Mayor and each Commissioner, and
based on a very positive year for the City and the performance of the Administration, the
general consensus, and what is being proposed, is a 5% merit increase, a cost living
adjustment of 3% which is consistent with the COLA received by both the classified and
unclassified employees, a one-time performance bonus of $12,500, and the addition of one
year to the term of the contract retroactive to August 21.
Commissioner Cruz made a motion to approve a 5% merit increase, $12,500 performance
bonus, and a 3% COLA. He stated that Jorge Gonzalez has performed extremely well in a
City which is very challenging. He added that Jorge Gonzalez worked with the Commission
when facing either tough time or during union negotiations.
Commissioner Steinberg stated that he honestly thinks the increase is high. In comparison
to what other city managers make, Jorge is very well compensated. He also stated that this
is not meant to criticize the job Jorge is doing, because he does a fine job, but he just can’t
justify what works out to be a 14% increase.
Commissioner Smith stated that Miami Beach is a challenging City, and with the amount of
citizen involvement and so many board and committees, any City Manager is going to be
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controversial. In the community there is consensus, for the most part, that the City Manager
is doing a good job. He stated that he has had the pleasure, and privilege, of working with
Jorge for the past four years, and has found him to be extremely professional, and has done
an excellent job negotiating agreements with the School Board, Miami-Dade County, the
Convention Development Tax (CDT), Mr. Peebles, the RDP Royal Palm Hotel, and the
Alaska Parcel. He added that overall Jorge has done an excellent job and is certainly
worthy of the increase.
Vice-Mayor Garcia stated that he has no problems with the raise. He stated that he has
three sons and he would be proud to have a son like Jorge. He is a very intelligent
individual. He stated that the justification given should be shared with his staff. He stated
that to his credit the Police and Fire Departments are both certified. He stated that the
justification is pretty good and he has good support. He stated that his complaint is the
equality of the treatment of the Commissioners. Within the last week he asked for several
things which were not done. He gave the example of the Senior Crime Task Force for
which he is still waiting for a report. He stated that he feels like a second-class
Commissioner and he is not 100% happy, but maybe 90 – 95%; an “A”, but not an “A+.” He
stated that he likes Jorge and hopes that they can bridge some of the gaps.
Jorge Gonzalez, City Manager, stated that he and Vice-Mayor Garcia have had
conversations relative to his statements and they are working on it.
Commissioner Gross, addressing the “bonus”, stated that this is not something he
necessarily sees doing every year, but this year there are a couple of good reasons to do it.
One, he was recognized as the “City Manager of the Year” in the State of Florida in 2004
and recognized by his peers as being an exemplary City Manager, and that corresponds
with what the Commission generally finds. The City Commission functions well at meetings
and part of that is the chemistry of the Commission but part of that is how Commission
Agenda items are handled. He stated that the Commission Agenda and the business of the
City are handled well. Regarding the bonus, the dollars which the City Manager has
brought into the City this year are significant. The $1.10 million from the County GO bond
and the $55 million renegotiations of the CDT is another significant win. He stated that his
accomplishments justify awarding the bonus. He added that the City Manager has done a
good job in recruitment and development of the organization. The organization functions
well and the Manager has been successful in bringing good people who function well as a
team. The area the Commission asked the Manager to work on was communicating with
Commissioners. He stated that from his perspective, the Manager has done a good job. He
stated that the wireless communicator is a benefit because it allows the Manager and staff
to stay in touch; an organization which stays in touch with each other is effective. The two
areas where continued improvements can be made are the neighborhood streetscape
projects to make them happen faster, and the preservation of vacant historic buildings. He
stated that in general he gives the Manager very high marks, being very responsive, and
doing a good job; he is very professional and stated that he enjoys working with Jorge.
Commissioner Bower stated that she needs face time or telephone time with the Manager
and she feels that Jorge communicates well. He has done a good job and what she
admires most are first, when given a problem Jorge looks for a creative way to resolve the
problem and the problems are usually resolved. She stated that the Manager is very
responsive and intelligent, but also creative in looking for alternatives. Secondly, she
admires the way Jorge stays out of the political arena, and stated that she has never felt any
pressure on any vote or issue. She stated that Jorge presents the case fairly, answers her
questions, and allow her to make up her mind. She stated that she believes that the
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recommended increase is good and that Jorge is worth every penny of his salary because
he makes the City better and the Commission Agendas items are complete,
understandable, and factual.
Mayor Dermer agrees with his colleagues and supports the consensus regarding the salary
package. He stated that his mother is a big fan of Jorge. Jorge is one of the longest tenure
City Managers in the City’s history and what he has brought is a tremendous amount of
stability. He commended Jorge for his negotiation skills, particular on the Bureau contract,
the RDA restructuring, and the other agreements. He stated that this is the first time in the
City’s history that the City put up a fight to keep its money. In addition, the improvements in
the department and throughout the entire City are noticeable. He stated that he is very
proud to have the honor and privilege to work with Jorge. He added that Jorge has been
extraordinarily professional and has been superb for the City. The key thing Jorge has
brought to the City is stability. Financially Jorge has increased the City’s reserves, the bond
ratings stay solid, and the extra money the City is paying Jorge is worth it when you look at
the City as a whole. It’s a testament to the City Commission as well. The City is doing very
well and Jorge should be compensated for it.
Jorge Gonzalez, City Manager, stated that he appreciates the comments and it has been a
pleasure to be the City Manager; it is a joy to work and live in this City. He stated that it is
important to note that this isn’t about him, but about the guidance the City Commission gives
and the staff. This is an organization of 1,800 people, all who are looking to do best and the
right think for the community. The morale in the City is good, people are happy to be here,
people come here, they want to work, they want to do good work, and they have fun doing
it. This is one of the best public administration jobs in America.
R9 - New Business and Commission Requests
2:06:34 p.m.
R9A Board And Committee Appointments.
(City Clerk’s Office)
ACTION:
Design Review Board:
Alex David Urban Planner Term expires 12/31/05 City Commission Appointment
Effective 3/26/05. TL 12/10. This appointment is effective on March 26, 2005 when the ordinance takes
effect.
Clotilde Luce At-Large Term expires 12/31/06 City Commission Appointment TL
12/10.
Peter Chavelier (Urban Land Planner) Term expires 12/31/06 City Commission Appointment TL
12/08
Gregory Neville (Reg. Architect) Term expires 12/31/06 City Commission Appointment TL
12/05
Steve Lefton (Land. Architect) Term expires 12/31/06 City Commission Appointment TL
12/09
Historic Preservation Board:
Prof. Jean Francois LeJeune (Professor) Term expires 12/31/05 City Commission Appointment TL12/10
Judith Berson-Levinson (At-Large) Term expires 12/31/06 City Commission Appointment TL12/06
Beth Dunlop (Dade Heritage) Term expires 12/31/06 City Commission Appointment TL12/05
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Randall Robinson (At-Large) Term expires 12/31/06 City Commission Appointment TL12/05
Mitch Novick (MDPL) Term expires 12/31/06 City Commission Appointment TL12/05
Planning Board:
Roberto Sanchez General Business Term expires 12/31/05 City Commission Appointment TL12/10
Motion made by Commissioner Steinberg to appoint Professor Jean Francois LeJeune, under the
amended category of Registered Architect, to the Design Review Board; seconded by
Commissioner Bower.
Commissioner Steinberg withdrew his nomination since Commissioner Gross explained that
Professor LeJeune is interested in being a member of the Historic Preservation Board.
Motion made by Commissioner Steinberg to appoint Alex David (Urban Planner) to the Design
Review Board. Moved by Commissioner Bower; seconded by Commissioner Steinberg; appointed
by acclamation of the City Commission. The appointment will be effective March 26, 2005 when the
ordinance is adopted.
Motion made by Commissioner Bower to appoint Clotilde Luce for the At-Large position to the
Design Review Board; seconded by Commissioner Smith; Voice vote: 7-0.
Commissioner Steinberg asked when applicants get removed from the list. Robert Parcher to
handle.
Motion made by Commissioner Gross to appoint Jean Francois LeJeune (Professor) to the Historic
Preservation Board; seconded by Commissioner Bower. Voice vote: 6-0; Absent: Commissioner
Cruz.
Motion made by Commissioner Steinberg to reappoint Peter Chavelier (Urban Land Planner),
Gregory Neville (Registered Architect), and Steve Lefton (Landscape Architect) to the Design
Review Board, seconded by Commissioner Bower. Voice vote: 6-0. Absent: Commissioner Cruz.
Motion made by Commissioner Bower to appoint Neli Santamarina to the Planning Board.
Motion made by Vice-Mayor Garcia to appoint Roberto Sanchez for General Business to the
Planning Board; seconded by Commissioner Bower; Voice vote 6-0; Absent: Commissioner Cruz
Commissioner Bower withdrew her nomination of Neli Santamarina to the Planning Board.
Motion made by Commissioner Steinberg to reappoint to the Historic Preservation Board, Judith
Berson-Levinson (At-Large), Beth Dunlop (Dade Heritage), Randall Robinson (At-Large), and Mitch
Novick (MDPL); seconded by Commissioner Bower. Voice vote: 6-0; Absent: Commissioner Cruz.
R9B(1) Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.)
ACTION: No speakers.
R9B(2) Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
ACTION: Not reached.
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2:52:36 p.m.
R9C Discussion Regarding The Senior Task Force.
(Requested by Vice-Mayor Luis R. Garcia, Jr.)
ACTION: Discussion held.
Vice-Mayor Garcia stated that the Senior Crime Task Force has become a statewide
recognized plan. About four or five months ago Florida Attorney General Charlie Crist,
opened an office at the Miami Beach Police station and everything was going fantastic.
Three weeks later the office was closed and employees were being transferred. He
explained the history of the program in Miami Beach. He asked the City Manager about the
Task Force’s future.
Jorge Gonzalez, City Manager, stated that this program is aimed primarily at the seniors in
the community and it is a good program. In the Neighborhood Services Department there is
a Senior Affairs Program. He stated that Vivian Guzman, Director of Neighborhood
Services and Don De Lucca, Police Chief, worked out an arrangement to try the manage the
senior programs under one organization. They tried it and it didn’t work and the programs
have been put back the way they were. The program was not as successful as the
Administration would have liked at the Police Headquarters in part because it is hard to get
to the Police Station. The Chief has committed to making the program available at the
North-end substation with volunteers and the new RDA substation.
Chief Don De Lucca explained the program.
Commissioner Bower asked what other programs Ms. Barbara Sanchez handles and added
that she would like to become involved in the program.
Chief De Lucca will inform the City Commission via an LTC outlining the programs available
through her office. Chief De Lucca to handle.
City Clerk’s note: See LTC 058-2005 and LTC 078-2005
City Clerk Cross reference: Storefront Project / elderly / victim /
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10:46:42 a.m.
R9D Discussion Regarding A Resolution Urging The Miami-Dade Board Of County
Commissioners To Oppose Any Extension To The Urban Development Boundary At The
Present Time, And To Encourage Infill Development And Adherence To The County
Development Master Plan As Currently Adopted, Including The Adopted 2003 Evaluation
And Appraisal Report.
(Requested by Mayor David Dermer)
ACTION: Resolution No. 2005-25883 adopted. Motion made by Commissioner
Steinberg; seconded by Commissioner Bower; Voice vote: 7-0. R. Parcher shall provide
executed copies of the Resolution to Miami-Dade County Mayor Carlos Alvarez, each
member of the Miami-Dade Board of County Commissioners, each municipal City Clerk in
Miami-Dade County for the purpose of distributing copies to members of their respective
governing councils.
Mayor Dermer stated that this issue deals with a buffer line that has been in effect for many
years that prevents development from encroaching on the Everglades. It is important to
preserve the boundary line. There is a broad base coalition being formed and it is
imperative that the City of Miami Beach joint. He commended former City Commissioner
Nancy Liebman and Alan Farago, Sierra Club, for their work on this issue.
Miami Beach has been on the forefront of a number of issues; In conjunction with Miami-
Dade County Mayor Carlos Alvarez, Florida Governor Jeb Bush, the Sierra Club, the
Audubon, the different environmental groups, Miami-Dade County Commissioner Katie
Sorensen, and with this kind of coalition, hopefully the County officials and elective leaders
of this County will listen. This issue is strictly about money and there is no reason for it. He
encouraged his colleagues to support the resolution.
Jeff Bercow spoke.
Former City of Miami Beach Commissioner Nancy Liebman spoke.
10:54:27 a.m.
New Item
Mayor Dermer recognized Vice-Mayor Garcia for sponsoring the resolution against the slot
machines. The City of Miami Beach was the only City in the entire County to take a position against
the slots machines.
Vice-Mayor Garcia thanked the Commission. He added that anything that affects the County and
the quality of life will affect business in Miami Beach.
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12:58:26 p.m.
R9E Discussion Regarding A Resolution Opposing The Reduction Or Elimination Of Funding For
The Community Development Block Grant Program (“CDBG”).
(Requested by Commissioner Matti Herrera Bower)
ACTION: Resolution No. 2005-25856 adopted. Motion made by Commissioner Bower;
seconded by Commissioner Steinberg; Voice vote: 6-0; Absent: Commissioner Cruz. Kevin
Crowder to transmit a copy of the Resolution to the United States Congress.
Commissioner Bower stated that she just returned from Washington and she is concerned
that cuts are going to be made to CDBG funding. She stated that if there is a cut, there is a
cap of 15% for social services. She is looking to remove the cap to fund the social services
and lower funding for bricks-and-mortar.
Joy Spill, speaking as a private citizen, urged the City to support the Resolution and asked
the Commission to urge other cities and the County to pass similar Resolutions.
Vice-Mayor Garcia stated that he received an invitation from Miami-Dade County Mayor
Carlos Alvarez to attend a rally on March 19.
Commissioner Smith commended Commissioner Bower for putting this item on the
Commission Agenda. He also stated that the majority of the U.S Senate has already gone
on record as opposing any cuts of CDBG or any changes in the administration of CDBG
from HUD to the Commerce Department, which was one of the proposals.
Commissioner Steinberg stated that other municipalities are taking action and this issue was
discussed at the last League of Cities meeting. The City of Miami has been spearheading
this movement in the County. Both U.S. Senators in the State of Florida, and as stated, a
majority of the U. S. Senate is not in favor of the cuts.
City Clerk’s Note: See LTC 068-2005
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1:47:16 p.m.
Addendum Item:
R9F Presentation Of The State Attorney Katherine Fernandez-Rundle’s Office Community
Outreach Programs.
(Requested by Vice-Mayor Luis R. Garcia, Jr.)
ACTION: Discussion held.
Luis Martinez spoke on behalf of Katherine Fernandez-Rundle and explained the different
programs offered by the State Attorney’s Office. He also spoke about the 37-foot mobile
office (bus) equipped with state-of-the-art technology for community-based interviewing of
victims and witnesses, and for public education. He stated that the mobile office is available
for use for community events, business luncheons and whatever services the City could
think of.
Vice-Mayor Garcia suggested joining forces with the Miami Beach Police Department.
Luis Martinez also stated that the bus is available as a mobile command post which is free
and available.
Handout or reference Materials
1. Materials titled “Justice in Motion” including information about the different programs offered by
the State Attorney’s office such as Identity Theft Prevention Program, Child Fingerprinting Program,
Child Info Program, SAO KIDS SMART Program, The Domestic Crimes Unit, Crime Prevention
Guide for the Elderly, Child Support Enforcement, Bad Check Restitution Program and a Guide for
Victims & Witnesses.
11:16:25 a.m.
Addendum Item:
R9G Discussion and update regarding The Avery Smith Home (Coral Rock House) Located
At 900 Collins Avenue.
(Legal Department)
ACTION: Item not heard.
11:17:30 a.m.
New Item:
Jorge Gonzalez, City Manager, stated that if the City does not take action by the end of this week, it
will not be possible to get on the agenda for the next meeting of the Unsafe Structures Board.
Motion made by Commission Bower to add an Emergency Closed Executive Session;
seconded by Commissioner Steinberg; Voice vote: 5-0; Absent: Vice-Mayor Garcia and
Commissioner Smith.
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3:09:24 p.m.
Emergency Closed Executive Session
Pursuant To Section 286.011, Florida Statutes, A Closed Executive Session Will Be Held During
Lunch Recess Of The City Commission Meeting On March 16, 2005 In The Mayor’s Conference
Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And Strategy Related To
Litigation Expenditures In The Following Cases:
City Of Miami Beach V. Miami-Dade County, Florida and 900 Collins Ave. LLC., Eleventh Judicial
Circuit Court, Appellate Division, Appellate Case No. 05-087 AP; Lower Case No. BV04000959
The Following Individuals Will Be In Attendance: Mayor David Dermer; Members Of The
Commission: Matti H. Bower, Simon Cruz, Luis R. Garcia Jr., Saul Gross, Jose Smith And Richard
Steinberg; City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Chief Deputy City
Attorney Donald Papy, First Assistant City Attorneys Gary Held and Rhonda Hasan.
ACTION: Announced and held.
Murray Dubbin, City Attorney, stated that if there is anything to report from this meeting, it will be
done at the commencement of the April 20, 2005 Commission Meeting.
Handout or Reference Material
1. Notice submitted by Murray Dubbin, City Attorney.
Reports and Informational Items
A City Attorney’s Status Report.
(City Attorney’s Office)
ACTION: Written report submitted.
B Parking Status Report.
(Parking Department)
ACTION: Written report submitted.
C Status Report On The Rehabilitation Of The Existing Building And Construction Of The New
Fire Station No. 2..
(Capital Improvement Projects)
ACTION: Written report submitted.
D Status Report On The Construction Of Fire Station No. 4.
(Capital Improvement Projects)
ACTION: Written report submitted.
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E Informational Report To The Mayor And City Commission, On Federal, State, Miami-Dade
County, U.S. Communities, And All Existing City Contracts For Renewal Or Extensions In
The Next 180 Days.
(Procurement)
ACTION: Written report submitted.
F Presentation By Judge Steven Leifman On The Crisis Intervention Team (CIT) Training
Offered To All Police Departments In Miami-Dade County.
(Police Department)
ACTION: Written report submitted.
G Non-City Entities Represented By City Commission:
1. Minutes Of The December 17, 2004, Miami-Dade County Homeless Trust Board
Meeting.
(Page 458)
(Requested by Commissioner Richard L. Steinberg)
ACTION: Written report submitted.
End of Regular Agenda
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Miami Beach Redevelopment Agency
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
March 16, 2005
Chairman of the Board David Dermer
Member of the Board Matti Herrera Bower
Member of the Board Simon Cruz
Member of the Board Luis R. Garcia, Jr.
Member of the Board Saul Gross
Member of the Board Jose Smith
Member of the Board Richard L. Steinberg
Executive Director Jorge M. Gonzalez
Acting Assistant Director Timothy D. Hemstreet
General Counsel Murray H. Dubbin
Secretary Robert E. Parcher
AGENDA
1. ROLL CALL
2. OLD BUSINESS
A Report Of The Itemized Revenues And Expenditures Of The Miami Beach
Redevelopment Agency For The Month Of January 2005.
ACTION: Written report submitted.
3:08:00 p.m.
3. NEW BUSINESS
A Request For Approval To Purchase Three (3) 2005 Ford Crown Victoria Police
Pursuit Vehicles With Safety Equipment And Two (2) 2005 Ford Taurus Vehicles
From Duval Ford, Pursuant To Florida State Contract No. 04-12-0823, In The
Amount Of $97,046.00; And Three (3) 2005 Honda Four Trax Rubicon 4x4 All
Terrain Vehicles From Jim Walker’s Honda-Suzuki-Yamaha, Pursuant to City Of
Miami Beach Bid No. 05-04/05, In The Amount Of $21,955.95.
ACTION: Motion made by Commissioner Steinberg; seconded by Commissioner
Smith; Voice vote: 7-0. Drew Terpak to handle.
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B A Resolution Of The Chairman And Members Of The Miami Beach Redevelopment
Agency Authorizing The Executive Director, Or Designee, To Execute The Revised
Guaranteed Maximum Price And Amendment To The Agreement Between The
Miami Beach Redevelopment Agency And The State Of Florida Department Of
Management Services, Facilities And Building Construction Division, For The
Renovations And Restoration Of The Colony Theatre In An Amount Not-To-Exceed
$786,502; Authorizing Additional Services To The URS Corporation To Continue
Field Observation Services In The Amount Of $60,677; Providing For An FF&E
Allowance In The Amount Of $125,000; Providing For An Art In Public Places
Allocation For The Construction Of The Building In The Amount Of $9,923;
Providing For CIP Fees In The Amount Of $31,752; And Appropriating $1,013,854
From City Center RDA Funds For These Purposes.
ACTION: Resolution No. 499-2005 adopted. Motion made by Commissioner
Cruz to move the funds; seconded by Commissioner Gross; Voice vote: 6-1.
Opposed: Vice-Mayor Garcia. Tim Hemstreet to handle.
Jorge Gonzalez, City Manager, introduced the item and explained that this is a
request for an additional appropriation to fund improvements to the Colony Theater.
He reviewed the history of the project. What is being proposed is to enter into a
four party agreement which includes liquidated damages, a commitment to the
substantial completion dates, a commitment to the budgets, and barring unforeseen
conditions at completion in early fall of this year.
Cynthia Marsiglio, Deputy Secretary, Department of Management Services (DMS),
who is the project management entity which the City contracted with to manage the
project, stated that the project is approximately 80-83% completed and they are
looking for a completion date of August 10.
Sheldon McCarthey, Construction Manager for the project, spoke.
Jorge Gonzalez, City Manager, explained that the City was recommended to DMS
by the Department of Community Affairs; the grant is one-third of what we thought
we’d receive.
Mayor Dermer stated that he doesn’t want to see this City being milked by the State
of Florida; he wants to make sure that the State of Florida bends backwards to help
the City. If they were a private entity, we would be in court.
Cynthia Marsiglio, Deputy Secretary, Department of Management Services (DMS),
commits to the Commission that the State would bend backwards to help the City.
She committed that the State is doing exactly what the City is expecting from the
State and her department is bending-over-backwards to complete this project.
Commissioner Cruz stated that DMS is doing the honorable thing; however, this was
not the way to handle this type of project and this is a lesson learned, and the City
has no other choice but to give them what they need and moved the item; seconded
by Commissioner Gross.
Jorge Gonzalez, City Manager, stated that he has not heard the contractor state that
this is the guarantee maximum price. He also requested guidance from the
Afteraction March 16, 2005 City of Miami
Beach
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Commission to direct the Administration to go to Tallahassee to see if the City can
get a refund on some of the past fees paid to DMS.
Sheldon McCarthey, Construction Manager, explained the circumstances found,
including the reasons for the delays in the project.
Commissioner Gross, to correct the record, stated that there are still lingering issues
that have potential cost impact and requested Mr. McCarthey to state into the record
what some of the remaining items are, which could have additional costs
implications. The bathroom remodeling is not budgeted.
Sheldon McCarthey, Construction Manager, stated that the Building Department is
concerned about access to the ceiling area and the architect has proposed lifeline
system to be installed in the ceiling. There is a budget item included for this but if
something changes from what is proposed it could change the price.
Jorge Gonzalez, City Manager, requested the Commission authorize the
Administration to have the City’s lobbyists work to perhaps reimburse some of the
funding.
End of RDA Agenda
Meeting adjourned 3:11:14 p.m.