HomeMy WebLinkAbout03202002March 20, 2002 Commission Meeting
Mayor David Dermer
Vice-Mayor Saul Gross
Commissioner Matti Herrera Bower
Commissioner Simon Cruz
Commissioner Luis R. Garcia, Jr.
Commissioner Jose Smith
Commissioner Richard L. Steinberg
City Manager Jorge M. Gonzalez
City Attorney Murray H. Dubbin
City Clerk Robert E. Parcher
Meeting called to order at 9:23:35 a.m.
Inspirational message given by Father Enrique Estrada from St. Patrick’s Catholic Church.
Pledge of Allegiance led by Chief Don De Lucca
Requests for Additions, Withdrawals, and Deferrals
PA - Presentations and Awards
PA1 Volume Services America And SMG Will Present Scholarship Checks To The City Of
Miami Beach.
(City Manager’s Office)
ACTION: Scholarship checks presented.
Jorge Gonzalez, City Manager, advised the Commission that they will be approving the criteria
for these scholarships.
PA2 Certificate Of Appreciation To Be Presented To Tony Rodriguez, For His Years Of Service
To The Budget Advisory Committee.
(Requested By Commissioner Luis R. Garcia, Jr.)
ACTION: Certificate of Appreciation presented.
PA3 Certificate Of Appreciation To Be Presented To Al Childress, Director Of Code
Compliance, For His Exemplary Handling Of Matters Related To Code Compliance.
(Requested By Commissioner Luis R. Garcia, Jr.)
ACTION: Certificate of Appreciation presented.
Commissioner Garcia, who was wearing an orange Kiwanis Club jacket, stated that his intention
was to promote the Leon Manne Golf Tournament being held on April 1. Every year the Kiwanis
Club gives out nearly $30,000 in scholarships and this tournament is one of the Club's
fundraising events.
PA4 Certificate Of Appreciation Presented To Isabella Pozo, Holiday Inn South Beach, In
Recognition For Receiving The “Going That Extra Mile Award.”
(Requested By Mayor David Dermer)
ACTION: Withdrawn.
PA5 Proclamation To Be Presented To Edna Buchanan, For Her Eighteen Years Of Covering
Crime For The Herald News And Receiving The University’s Career Award.
(Requested By Mayor David Dermer)
ACTION: Withdrawn.
5:29:45 p.m.
PA6 Certificates Of Appreciation To Be Presented To The Coaches And Members Of The City
Of Miami Beach Parks And Recreation Cheerleading Team "Miami Beach Lightning", In
Recognition Of Their Outstanding Accomplishment At The United States Cheerleading And
Dance Championship Held March 1-3, 2002, In Orlando.
(Parks & Recreation)
ACTION: Certificates of Appreciation presented.
The group performed a “cheer” for the Commission. Kevin Smith, Parks and Recreation
Director stated that the team had been awarded first place in national competition. He
recognized the team members and coaches for their hard work.
PA7 Honorary Citizen Certificates Presented To The Ramat Gan Dancers From Israel (Sister
Cities Program).
(Requested By Mayor David Dermer)
ACTION: Honorary Citizen Certificates presented.
PA8 A Resolution Proclaiming April 1, 2002 Through April 7, 2002 "National Community
Development Week" In The City Of Miami Beach.
(Neighborhood Services)
ACTION: Resolution No. 2002-24772 adopted. Motion made by Commissioner Bower;
seconded by Commissioner Smith; Voice vote: 6-0; Absent: Commissioner Cruz. Vivian
Guzman to handle.
CONSENT AGENDA
ACTION: Motion made by Commissioner Smith to approve the Consent Agenda; seconded by
Commissioner Cruz; Voice vote: 7-0.
C2 - Competitive Bid Reports
C2A Request For Approval To Award A Contract To MacGregor (USA) Inc. In The Amount Of
$148,250, Pursuant To Invitation To Bid No. 07-01/02, For The Miami Beach Convention Center
Bleacher Guard Railing Improvements.
(Cultural Affairs & Tourism Development)
ACTION: Contract awarded. Doug Tober to handle.
C2B Request For Approval To Award A Contract To Tip Top Tree And Landscaping Services,
In The Amount Of $94,725, Pursuant To Bid No. 03-01/02, For The Supply, Delivery And
Installation Of Twenty-Two Royal Palms And Seven Phoenix Canariensis Palms At La Gorce
Island.
(Capital Improvement Projects)
ACTION: Contract awarded. Tim Hemstreet to handle.
C4 - Commission Committee Assignments
C4A Referral To The Community Affairs Committee For Review Of The Process By Which
Investigations Concerning Debarment Proceedings Are Conducted.
(Procurement)
ACTION: Referred. Mayra Diaz Buttacavoli to place on Committee agenda. Gus Lopez to
handle.
C6 - Commission Committee Reports
C6A Report Of The General Obligation Bond Oversight Committee Meeting Of February 4,
2002: 1) Project Status Report: a) Beach Planting; b) Alton Road 20th Street, & Sunset Drive
Intersection; c) Corradino Architecture/Engineer Fees - Scott Rakow Youth Center, Flamingo
Pool Renovation And Expansion; And 2) Informational Items: a) Updated Calendar Of
Scheduled Community Design Workshops; b) Community Design Workshops Held In January
2002; c) CIP Office Charge Back Allocations.
ACTION: Written report submitted.
1a) The Administration informed the Committee that the North Beach portion of the Citywide
Dune Restoration and Enhancement program will be done in conjunction with the construction
of the North Beach Recreational Corridor Project that is planned to start in the fall. Restoration
of the dunes in the Middle Beach district will begin in early 2003. Restoration of South Beach
district is ongoing.
1b) The Committee was informed that the Alton Road at 20th Street project is scheduled to
begin late February 2002, after the Miami Beach Boat Show.
1c) The Administration informed the Committee that the A/E on the Scott Rakow Youth Center,
Flamingo Pool Renovation and Expansion and the Normandy Isle Park and Pool projects are
due additional fees, because the consultant stayed on the project after the expiration of the
contract. The additional fees will not come from General Obligation Bonds.
2a) The report did not reflect any action taken.
2b) The Administration informed the Committee that the following Neighborhoods had their
Community Design Workshop(s): a) Oceanfront; b) La Gorce; c) Normandy Isle.
2c) The Change Order Report was reviewed. There was a request to add information relative
to the time delay associated with each approved Change Order.
City Clerk's Note: In the written report the following action was listed: The Committee approved
a motion to recommend to the City Commission that $10,857.25 be appropriated from the
General Obligation Bond Series 2000 funds for the completion of the Normandie Sud Traffic
Impact Study. The study will be included as part of the Normandy Isle and Normandie Sud
Neighborhood Improvements project. The Committee requested that the Administration
complete the study within sixty (60) days. Fred Beckmann to handle.
9:56:48 a.m.
C6B Report Of The Land Use And Development Committee Meeting Of February 5, 2002: 1)
Discussion On The Concurrency Procedures; 2) Review Of Ordinance Dealing With Proposed
Procedure For The Demolition Of Single Family Homes; 3) Discussion On Use Of Mr. Richard
Shindler's Property (715-82nd Street) As A Real Estate Management Office; And 4) Review Of
Proposed Ordinance Amending Design Review Board Voting Requirements.
ACTION: Item separated for discussion by Commissioner Garcia. Motion made by
Commissioner Cruz; seconded by Commissioner Bower; Voice vote: 7-0.
Commissioner Garcia stated that concerning the concurrency issue, somehow it was limited to
retail only. He thought that restaurants were also included.
Jorge Gonzalez, City Manager, stated that the intent is to include any commercial use, whether
it was a restaurant or a store, based on the size criteria and threshold of trips generated. If
credits are due those affected will receive a credit.
1. Motion directing the Administration to prepare a policy for City Commission approval for
existing structures of 2,500 sq. ft. or less to be able to receive a concurrency credit based on
the last use of the property regardless of the amount of time said use has been idle. Secondly,
create an Ad Hoc Citizens Committee to participate in the review and discussion of the City
Concurrency Management System and to assist with community and business outreach.
Joseph Johnson to handle.
City Clerk's Note R6B (1): See Commission Agenda 2/20/2002 - item R7B (Ad Hoc Committee)
and 2/20/2002 - R7G (Existing structures of 2,500 sq. ft.)
2. Motion to modify proposed ordinance by removing ex-officio member from the Single Family
Review Board, add a newspaper notice requirement when an application is reviewed by the
Board, and for the ordinance to be reviewed by the Design Review and Historic Preservation
Boards prior to the Planning Board's public hearing. Jorge Gomez to handle.
3. Motion to refer to the Planning Board an ordinance that establishes an administrative
management office for multiple residential buildings as a conditional use in the RM-1, RM-2, and
RM-3 multi-family districts. Jorge Gomez to handle.
4. Motion to reject the proposed ordinance that modifies the voting requirements of the Design
Review Board to a majority of the members present, and instead refer to the Planning Board an
ordinance that changes the voting requirement for City Commission appointments from 5/7th to
4/7ths. In addition, refer to the Planning Board an ordinance that changes the membership of
the Board of Adjustment in order to have a total of seven voting members. Jorge Gomez to
handle.
C6C Report Of The Joint Finance & Citywide Projects And Neighborhoods Committee Meeting
Of February 19, 2002: 1) Discussion Regarding A West Avenue/Dade Boulevard Proposed
Connector Bridge; 2) Discussion Regarding An Ordinance Amending Miami Beach City Code
Chapter 42 "Emergency Services," By Adding Section 42-1 Entitled "Minimum Staffing,"
Providing For Certain Minimum Emergency Equipment And Staffing Standards; Providing For
Repealer, Severability, Codification, And Effective Date; And 3) To Discuss Petitions From A
Majority Of The Property Owners Of The Star, Palm And Hibiscus Islands And Sunset Islands 3
& 4 To Consider The Establishment Of Special Assessment Areas To Provide Financing For
The Undergrounding Of Overhead Utilities.
ACTION: Written report submitted.
1. The Joint Committee recommended that Commissioner Bower discuss the proposed West
Avenue/Dade Boulevard Connector Bridge options with the Housing Authority and come back to
the next Joint Finance and Citywide Projects Committee and Neighborhood Committee meeting
with her findings. Fred Beckmann to handle.
2. Moved to full Commission. First Reading held on February 20, 2002. Second reading and
Public Hearing see item R5C.
3. Moved to full Commission.
C7 - Resolutions
C7A A Resolution Authorizing The Administration To Reject The Only Bid Received In
Response To Invitation To Bid No. 41-00/01, For The Construction Of The Group "C" Parks
Comprised Of: Fairway, Muss And Washington Parks.
(Capital Improvement Projects)
ACTION: Withdrawn.
Handout:
1. Letter to Jorge M. Gonzalez from Ms. Draguisa Gomero, President, Regosa Engineering,
Inc, dated March 20, 2002
2. Letter to Commissioner Jose Smith from Draguisa Gomero, President, Regosa Engineering,
Inc, dated March 4, 2002
C7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An
Amendment To The Current Agreement Between The City Of Miami Beach And The Corradino
Group (Formerly Known As Carr Smith Corradino) For Parks Master Plan Bond Program Sites
Scott Rakow Youth Center, Flamingo Park And Normandy Park To Provide For The Extension
Of Time And For Additional Services, In The Net Amount Of $48,134, For The Projects; Also
Deleting The Flamingo Park Renovation From The Scope Of Services; Further Appropriating
$48,134 From The Capital Projects Reserve Fund.
(Capital Improvement Projects)
ACTION: Withdrawn.
C7C A Resolution Approving The Addition Of A Contingency Allowance, In The Amount Of
$35,000, To The Project Budget For The Construction Of The Portecochere At The Jackie
Gleason Theater Of The Performing Arts; And Appropriating $35,000 To Fund This Contingency
As Follows: $29,000 From The Convention Center Exterior Signage Account, And $6,000 From
The Convention Center/TOPA Miscellaneous Account.
(Capital Improvement Projects)
ACTION: Resolution No. 2002-24773 adopted. Patricia Walker to appropriate the funds. Tim
Hemstreet to handle.
C7D A Resolution Approving The Criteria Established For The Volume Services Of America
And SMG Scholarship Program.
(City Manager’s Office)
ACTION: Resolution No. 2002-24775 adopted. Maria Ruiz to handle.
C7E A Resolution Waiving By 5/7ths Vote, The Formal Competitive Bidding Requirements And
Approving The Use Of The Fortress-Miami Corp., In A Not To Exceed Amount Of $70,245, For
The Storage Of The Bass Museum's Permanent Collection, On A Month-To-Month Basis, Until
Such Time That The Bass Museum Expansion And Renovation Project Is Complete.
(Cultural Affairs & Tourism Development)
ACTION: Resolution No. 2002-24777 adopted. Christina Cuervo to handle.
9:59:30 a.m.
C7F A Resolution Approving The City's Year 2003 Federal Legislative Agenda.
(Economic Development)
ACTION: Item separated for discussion by Commissioner Bower. Resolution No.
2002-24778 adopted. Motion made by Commissioner Bower to add issues related to
"education" to the Federal Legislative Agenda and to adopt the Legislative Agenda; seconded
by Commissioner Cruz; Voice vote: 7-0. Christina Cuervo to handle.
C7G A Resolution Approving And Authorizing The Donation Of One (1) 1975 American
LaFrance Fire Engine In "As Is" Condition To The School Of Fire And Environmental Sciences
At Miami-Dade Community College North Campus.
(Fire Department)
ACTION: Resolution No. 2002-24779 adopted. Chief Jordan and Drew Terpak to handle.
10:01:11 a.m.
C7H A Resolution Approving And Authorizing The Donation Of One (1) 1971 American
LaFrance Fire Engine In "As Is" Condition To Its Sister City Of Ica, Peru.
(Fire Department)
ACTION: Item separated for discussion by Commissioner Bower. Resolution No. 2002-24780
adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia. Voice
vote: 7-0. Chief Jordan and Drew Terpak to handle.
Commissioner Bower stated that Sister City Ica, Peru is naming their second fire station "Miami
Beach."
Roberto Datorre, spoke on behalf of Ica, Peru, and thanked the Commission for the donation.
10:04:48 a.m.
Commission Garcia stated that the Town of Surfside had re-elected Mayor Paul Novack and the
incumbent Commissioners. Mayor Dermer and the entire City Commission congratulated the
newly elected officials of Surfside.
C7I A Resolution Authorizing The City Manager, Or His Designee, To Submit A Grant
Application In An Amount Not To Exceed $500,000, To The Miami-Dade County Office Of
Emergency Management, For Training Funds Through The Anti-Terrorism Funding Program,
The Funds Will Be Used To Train Fire Department Personnel In The Area Of Anti-Terrorism;
And To Appropriate The Funds, If Awarded.
(Grants Management)
ACTION: Resolution No. 2002-24781 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Chief Jordan to handle.
C7J A Resolution Authorizing The City Manager, Or His Designee, To Submit A Grant
Application For An Amount Not To Exceed $900,000, To The United States Fire Administration,
Assistance To Firefighters Grant Program (2002 Fire Act), For Funds Necessary To Increase
The City's Fire Department Capacity; And To Appropriate The Funds, If Awarded.
(Grants Management)
ACTION: Resolution No. 2002-24782 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Chief Jordan to handle.
C7K A Resolution Authorizing The City Manager, Or His Designee, To Submit A Grant
Application For An Amount Not To Exceed $100,000, To The Department Of Justice, For Funds
Available Through The Bulletproof Vest Partnership Program, While Leveraging Existing
Departmental Funding; And To Appropriate The Funds, If Awarded.
(Grants Management)
ACTION: Resolution No. 2002-24783 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Chief De Lucca to handle.
C7L A Resolution Authorizing The City Manager, Or His Designee, To Submit A Grant Request
For An Amount Not To Exceed $30,000, To The South Florida Regional Planning Council, For
Funds To Be Used In Providing Necessary Training On The Subject Matter Of Safe
Transportation Of Hazardous Materials, While Leveraging Existing Departmental Training
Funds; And To Appropriate The Funds, If Awarded.
(Grants Management)
ACTION: Resolution No. 2002-24784 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Chief Jordan to handle.
C7M A Resolution Retroactively Authorizing The City Manager Or His Designee, To Submit A
Grant Application, In the Amount Of $35,400, To The Florida Attorney General's Office, For
Grant Funds Provided Through The Victims Of Crime Act (VOCA), The Funds To Be Used To
Fund The Police Department's Domestic Violence Unit, With Matching Funds, In The Amount Of
$8,850, From The Police Confiscations Account; And Appropriate The Funds, If Awarded.
(Grants Management)
ACTION: Resolution No. 2002-24785 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Chief De Lucca to handle.
C7N A Resolution Authorizing The City Manager Or His Designee To Submit A Grant
Application To The Urban Park And Recreation Recovery Program (UPARR) For Federal
Funds, In An Amount Not To Exceed $175,000, To Be Matched With $75,000 Of City Funding
From The Approved $92 Million General Obligation Bond Program, For The Renovation Of
Fairway Park; Further Appropriating The Grant If Approved And Accepted By The City; And
Authorizing The Mayor And City Clerk To Execute All Necessary Documents Related To This
Application.
(Grants Management)
ACTION: Resolution No. 2002-24786 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Tim Hemstreet to handle.
C7O A Resolution Retroactively Authorizing The City Manager Or His Designee To Submit A
Grant Application To The Florida Department Of Environmental Protection, Land And Water
Conservation Fund Program (LWCF), For State Funds In An Amount Not To Exceed $100,000,
To Be Matched With $100,000 Of City Funding From The Miami-Dade County Safe
Neighborhoods Bond Program For The Renovation Of North Shore Open Space Park, Phase
III; Further Appropriating The Grant If Approved And Accepted By The City; And Authorizing
The Mayor And City Clerk To Execute All Necessary Documents Related To This Application.
(Grants Management)
ACTION: Resolution No. 2002-24787 adopted. If awarded, Patricia Walker to appropriate the
funds and Tim Hemstreet to handle.
C7P A Resolution Authorizing The City Manager Or His Designee To Submit A Grant
Application To The South Florida Water Management District (SFWMD), For State Funds, In An
Amount Not To Exceed $250,000, To Be Matched With $250,000 Of City Funding From The
Gulf Breeze Loan Pool, For Funding Of An Alternative Water Supply Project For The Irrigation
Of Bayshore Golf Course; Further Appropriating The Grant If Approved And Accepted By The
City; And Authorizing The Mayor And City Clerk To Execute All Necessary Documents Related
To This Application.
(Grants Management)
ACTION: Resolution No. 2002-24788 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Tim Hemstreet to handle.
C7Q A Resolution Authorizing The City Manager Or His Designee To Submit A Grant
Application To The State Of Florida, Department Of Community Affairs, Flood Mitigation
Assistance Program For Federal Funds In An Amount Not To Exceed $1,600,000, To Be
Matched With $400,000 Of City Funding From The Approved Series 2000 Stormwater Bonds
For Mitigation Measures That Will Reduce Or Eliminate The Long-Term Risk Of Flood Damage
In The City Of Miami Beach; Further Appropriating The Grant If Approved And Accepted By The
City And Authorizing The Mayor And City Clerk To Execute All Necessary Documents Related
To This Application.
(Grants Management)
ACTION: Resolution No. 2002-24789 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Fred Beckmann to handle.
C7R A Resolution Authorizing The City Manager Or His Designee To Submit A Grant
Application To The Florida Inland Navigation District (FIND), Waterways Assistance Program,
For State Funds, In An Amount Not To Exceed $412,500, To Be Matched With $412,500 Of City
Funding From The Approved $92 Million General Obligation Bond Program, For Restoration Of
Citywide Seawalls; Further Appropriating The Grant If Approved And Accepted By The City And
Authorizing The Mayor And City Clerk To Execute All Necessary Documents Related To This
Application.
(Grants Management)
ACTION: Resolution No. 2002-24790 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Fred Beckmann to handle.
C7S A Resolution Authorizing The City Manager Or His Designee To Submit A Grant
Application To The National Endowment For The Arts, Save America's Treasures Program For
Federal Funds In An Amount Not To Exceed The Grant Maximum Of $1,000,000 To Be
Matched With Private Donations, In Kind Contributions, Future Identified Grant Opportunities
And City Funding, If Available; For The Restoration Of The Carl Fisher Collection Of
Monuments And Other Pieces; Further Appropriating The Grant If Approved And Accepted By
The City And Authorizing The Mayor And City Clerk To Execute All Necessary Documents
Related To This Application.
(Grants Management)
ACTION: Resolution No. 2002-24791 adopted. Mayra Diaz Buttacavoli to submit the
grant. If awarded, Patricia Walker to appropriate the funds and Fred Beckmann to handle.
C7T Proposed Amendment To Correct Height And Number Of Stories In C-PS Districts
A Resolution To Set A Public Hearing To Consider An Amendment To The Code Of The City Of
Miami Beach, Florida, Amending Chapter 142, "Zoning Districts And Regulations," Article II,
“District Regulations,” Division 18, “PS Performance Standard District,” By Modifying The Height
And Number Of Stories In The C-PS Zoning Districts For Residential And Hotel Development.
(Planning Department)
ACTION: Resolution No. 2002-24792 adopted. Public hearing scheduled for April 10, 2002.
R. Parcher to notice. Lilia Cardillo to place on the agenda. Jorge Gomez to handle.
C7U Proposed Amendments To The GC Golf Course Zoning District
A Resolution Setting A Public Hearing To Consider A Proposed Amendment To The Land
Development Regulations Of The Code Of The City Of Miami Beach, Florida, Amending
Chapter 142, Article 2, Division 8, “GC Golf Course District” By Amending Section 142-392,
"Main Permitted Uses," To Include Additional Main Permitted Uses; Amending Section 142-395,
"Development Regulations," To Revise Permitted Height And To Include A Floor Area Ratio
Restriction; Amending 142-396, "Setback Requirements," To Revise Setback Requirements
And To Include Setback Requirements For An At-Grade Parking Lot, Storage Facilities And
Dumping Sites; And To Include Noise Regulations.
(Planning Department)
ACTION: Resolution No. 2002-24793 adopted. Public hearing scheduled for April 10, 2002.
R. Parcher to notice. Lilia Cardillo to place on the agenda. Jorge Gomez to handle.
C7V A Resolution Setting A Public Hearing To Review A Design Review Board Decision
Approving A Request By Fisher Islands Holdings, LLC For The Construction Of A Single Ten
(10) Story Apartment Structure Located At The Easternmost Portion Of The Site At One Fisher
Island Drive On Fisher Island.
(Planning Department)
ACTION: Resolution No. 2002-24794 adopted. Public hearing scheduled for April 10, 2002.
R. Parcher to notice. Lilia Cardillo to place on the agenda. Jorge Gomez to handle.
Handout:
1. filed in folder 4/9/02 - Letter from Jeffrey S. Bass, Esq., to Robert Parcher, City Clerk, dated
February 15, 2002, RE: Appeal of Hazelwood Apartments - Fisher Island DRB File No. 14772 -
Rendered January 29, 2002
2. Original Letter from Jeffrey S. Bass, Esq., to Robert Parcher, City Clerk, Dated February 15,
2002, RE: Appeal of Hazelwood Apartments - Fisher Island DRB File No. 14772 - Rendered
January 29, 2002 and a copy of the $500 receipt of the appellate filing fee is filed in the April 10,
2002 Handout folder.
C7W A Resolution Adopting The First Amendment To The Budget And Appropriating Funds
For The Police Special Revenue Account For Fiscal Year 2001/02, In The Amount Of $6,830,
Such Account Funded By Unclaimed Evidence Currently Held In The Police Special Revenue
Account.
(Police Department)
ACTION: Resolution No. 2002-24795 adopted. Patricia Walker to appropriate the funds.
Chief De Lucca to handle.
9:52:29 a.m.
C7X A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A County
Incentive Grant Program Agreement (CIGP-JPA) With The Florida Department Of
Transportation And Miami-Dade County, In The Amount Of $140,000; Being $70,000 In CIGP
Grant Funds, And $70,000 In Concurrency Mitigation-South Beach Funds, As Previously
Authorized By Resolution No. 2001-24374, Dated May 16, 2001; And Further Appropriating
Both The Grant And Concurrency Mitigation Funds For The Final Design And Implementation
Of Traffic Signal Head/Intersection Improvements On Alton Road, From 8th Street To Dade
Boulevard.
(Public Works)
ACTION: Item separated for discussion by Commissioner Gross. Resolution No.
2002-24796 adopted. Motion made by Commissioner Bower; seconded by Commissioner
Steinberg; Voice vote: 7-0. Patricia Walker to appropriate the funds. Fred Beckmann to handle.
Vice-Mayor Gross, referencing page 253 of the Commission Agenda, stated that the largest
expenditures from the Concurrency Mitigation Fund are for the salaries of the mitigation
department. The City is collecting money to pay the salaries of the people administering the
program but we are not doing projects fast enough. He also questioned whether it is
appropriate to pay the salaries of staff to administer the program. He would like to see the
money being spent on projects to help traffic flow better in the City.
Fred Beckmann, Public Works Director, stated that he agrees with Vice-Mayor Gross. He is
pushing staff to develop and immediately begin construction. This year minimal funds are being
used for salaries and the department is applying the money to develop projects or to build them.
Commissioner Bower stated that Community Development Block Grant (CDBG) funds also pay
for all the employees' salaries. In order to get more money to the needy it would be helpful to
look at salaries paid from CDBG funds.
C7Y A Resolution Authorizing The Appropriation Of Funds In The Amount Of $650,000 For The
Replacement Of Existing Hangers Supporting A 20-Inch Water Main At The South Side Of The
East Macarthur Causeway Bridge, Required As A Result Of Emergency Bridge Rehabilitation
Work To Be Constructed By The State Of Florida Department Of Transportation; Said Funds To
Be Obtained From Fund 425, Water And Sewer Retained Earnings.
(Public Works)
ACTION: Resolution No. 2002-24797 adopted. Patricia Walker to appropriate the funds.
Fred Beckmann to handle.
End of Consent Agenda
REGULAR AGENDA
R2 - Competitive Bid Reports
3:53:57 p.m.
R2A Request For Approval To Award A Contract To Armor Security, Inc. As The Primary
Vendor To Provide Armed And Unarmed Security Guard Services For An Estimated Annual
Amount Of $1,271,630, Pursuant To Invitation To Bid No. 04-01/02; Further Request Approval
To Award A Contract To Corporate Protection Security Group, Inc. As The Secondary Vendor
To Be Used Only In The Event That The Primary Vendor (Armor Security Inc.) Cannot Fulfill
Their Contractual Obligations.
(Public Works)
ACTION: Award approved. Motion made by Commissioner Steinberg as approved by
Vice-Mayor Gross; seconded by Commissioner Smith; Voice vote: 7-0. Fred Beckmann to
handle.
Commissioner Smith wanted to know the provision for liability insurance. Jorge Gonzalez, City
Manager, stated that the liability insurance is $1 million dollars. The City's Risk Manager has
deemed that $1 million dollars is sufficient.
Vice-Mayor Gross added the following to the motion: The Administration to investigate the cost
of additional insurance and if the Administration feels it's reasonable, that the extra expense be
incurred. Cliff Leonard to handle.
Commissioner Steinberg asked what the City is trying to accomplish with the existing security
services. Jorge Gonzalez, City Manager, stated that at this time their primary purpose is to
control access to the building. The Administration has been scaling this service back. The
service may be eliminated in the future.
3:59:28 p.m.
R2B Request For Approval To Issue A Purchase To Garber Chevrolet For The Purchase Of
Ten (10) Chevrolet Impalas, Pursuant To Florida State Contract No. 01-09-0905, In The Amount
Of $174,900.
(Fleet Management)
ACTION: Award approved. Motion made by Commissioner Steinberg; seconded by
Commissioner Bower; Voice vote: 6-0; Absent: Commissioner Cruz. Gus Lopez to issue a
Purchase Order. Drew Terpak to handle.
4:20:39 p.m.
R4A Referral To Finance And Citywide Projects Committee - Consideration Of Alternatives
Relative To The City’s Existing Renewal Option In The Contract With The Greater Miami
Convention And Visitors Bureau (GMCVB).
(City Manager’s Office)
ACTION: Referred. Motion made by Commissioner Bower; seconded by Commissioner
Smith; Voice vote: 7-0. Patricia Walker to place on the Committee agenda. Christina Cuervo to
handle.
R5 – Ordinances
10:43:25 a.m.
R5A An Ordinance Amending Miami Beach City Code Chapter 2 "Administration", Division 2
Thereof By Creating Section 2-460 Entitled "Continuing Application For Two Years After City
Service", Prohibiting Certain Post-Employment Activity Of City Officers Or Employees For A
Period Of Two Years After Leaving City Employment; Providing For Repealer, Severability,
Codification, And Effective Date. 10:30 A.M. Second Reading, Public Hearing.
(Requested By Commissioner Luis R. Garcia, Jr.)
(Continued From February 20, 2002)
ACTION: Public Hearing opened and continued to April 10, 2002 at 11:00 a.m. Motion
made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 7-0. Lilia
Cardillo to place on agenda.
10:45:13 a.m.
R5B An Ordinance Amending Miami Beach City Code Chapter 2, Entitled “Administration,” By
Amending Article III Thereof, Entitled “Agencies, Boards, And Committees,” By Amending
Division 6, Entitled “Cultural Arts Council,” By Amending Section 2-54, Entitled “Composition”
And Section 2-55(c), Entitled “Appointment And Term Of Members”; Increasing The Number Of
Members On The Council From Nine To Eleven Voting Members; Providing For Severability;
Codification; Repealer; And An Effective Date. 10:40 A.M. Second Reading, Public Hearing.
(Cultural Affairs & Tourism Development)
(First Reading On February 20, 2002)
ACTION: Public Hearing held. Ordinance Number 2002-3350 adopted. Motion made by
Commissioner Bower; seconded by Commissioner Steinberg; Ballot vote: 7-0. R. Parcher to
transmit to Municipal Code Corporation. R. Parcher and David Whitman to handle.
Handout:
1. Notice of Ad in Miami Herald
10:46:17 a.m.
R5C An Ordinance Amending Miami Beach City Code Chapter 42 “Emergency Services,” By
Adding Section 42-1 Entitled “Minimum Staffing,” Providing For Certain Minimum Emergency
Equipment And Staffing Standards; Providing For Repealer, Severability, Codification, And
Effective Date.
10:41 A.M. Second Reading, Public Hearing.
(Requested by Mayor Dermer)
ACTION: Public Hearing held. Ordinance Number 2002-3351 adopted as amended. Motion
made by Commissioner Bower; seconded by Commissioner Smith; Ballot vote: 7-0. R. Parcher
to transmit to Municipal Code Corporation. Chief Jordan and Patricia Walker to handle.
Mayor Dermer thanked the firefighters for the way they handled the two recent fires in the City.
Mayor Dermer distributed a revised ordinance.
Jorge Gonzalez, City Manager, stated that the revised ordinance submitted by Mayor Dermer
has deleted the elements pertaining to firefighters who are on paramedic training that they
would count towards the minimum staffing level.
Amendment 1:
The first Whereas clause: "…. Maintain emergency services standards staffing levels which
comport with established safety requirements standards; and "
Amendment 2:
The fourth Whereas clause: "…certain staffing requirements levels must be met….."
Amendment 3:
Commissioner Smith added the following amendment.
The Now, Therefore, clause:
"d. One (1) officer per EMS Supervisor Unit.
The foregoing staffing shall be accomplished without reducing the number of fire apparatus or
rescue apparatus currently provided by the Miami Beach Fire Department for other than routine
service and maintenance.
In the event that any new models or types of apparatus are placed into service, other than those
specified in this section, safe staffing levels shall be established which act in accordance with
industry standards.
In determining compliance with the ordinance, the period of time during any shift when
on-duty-firefighters are in paramedic training will not be considered to reduce the shift staffing
and fire apparatus will be permitted to respond with available on-duty staffing. The
implementation of this ordinance will occur over several fiscal years, with the percentage of
shifts, meeting the required minimum staffing, increasing each year until the minimum staffing
requirement is met for all shifts.
Amendment 4: Effective date of the ordinance was changed to November 1, 2002.
Jack Richardson, President of the Fire Fighters Union, spoke.
Adonis Garcia, Fire Fighters Union, spoke.
Fire Chief Floyd Jordan stated that the City presently pays overtime for individuals to cover
personnel in school. Approximately 20% of the time there is no overtime needed because
normal staffing is adequate to cover.
Vice-Mayor Gross stated that the issue is how to ramp-up the number of firefighters to achieve
minimum staffing. He stated that the Administration has made a reasonable proposal on how to
achieve minimum staffing by hiring four (4) firefighters now and reevaluating.
Jack Richardson thanked every one and stated that the Commission should be proud of their
actions today. He knows this is a tough process and he understands the budget constraints.
He also stated that Jorge Gonzalez, City Manager, has been the best City Manager the Fire
Department has had in the 22 years he has been here.
Handout:
1. Notice of Ad in Miami Herald
11:30:07 a.m.
R5D An Ordinance Amending Miami Beach City Code Chapter 2, Adding Section 2-461
Entitled “Certain Relationships Of City Commission Members Prohibited,” By Prohibiting
Members Of The City Commission From Either Directly Or Indirectly Appearing, Representing,
Contracting With Or Acting On Behalf Of A Party Other Than A Non Profit Entity On A
Non-Compensated Basis With Respect To Any Issue Concerning That Party Coming Before
The City Commission; Providing For Repealer, Severability, Codification, And Effective Date.
10:45 A.M. Second Reading, Public Hearing.
(Requested By Vice-Mayor Jose Smith)
(First Reading On February 20, 2002)
ACTION: Public Hearing held. Ordinance Number 2002-3352 adopted. Motion made by
Commissioner Smith; seconded by Commissioner Bower; Ballot vote: 7-0. R. Parcher to
transmit to Municipal Code Corporation.
Handout:
1. Notice of Ad in Miami Herald
2. Document titled: "Camping Prohibited Ordinance. March 20, 2002 R5E submitted by Mr.
Frank Del Vecchio.
11:31:49 a.m.
R5E An Ordinance Creating Miami Beach City Code Section 70-45, Entitled “Camping
Prohibited” Of Miami Beach City Code Chapter 70, Entitled “Offenses-Miscellaneous”; Providing
For Definitions; Prohibiting Camping In Public Places Located Within The City; Providing For
Enforcement; Providing For Penalties; Providing For Repealer, Severability, Codification, And
An Effective Date.
10:50 A.M. Second Reading, Public Hearing.
(Neighborhood Services)
(First Reading On February 20, 2002)
ACTION: Public Hearing held. Ordinance Number 2002-3353 adopted as amended. Motion
made by Commissioner Garcia; seconded by Commissioner Steinberg; Ballot vote: 6-1:
Opposed Vice Mayor Gross. R. Parcher to transmit to Municipal Code Corporation. Vivian
Guzman to handle.
Frank Del Vecchio spoke.
Martha Diaz, Assistant City Attorney, stated that there has never been an issue of targeting any
type of people. The purpose of this ordinance is to improve the quality of life for the residents of
Miami Beach. The homeless population may be affected, but this does not mean they are being
targeted or discriminated against. If a shelter is available, an offer of shelter will be made. If
this person refuses the offer, then they are in violation of the ordinance.
Mr. Benjamin Waxman, attorney on the City of Miami versus Pottinger case, spoke.
Mr. Ben Burton, Executive Director, Miami Coalition for the Homeless, spoke.
Mr. Rafael Velasquez spoke.
Commissioner Bower is in favor of the program because it offers alternatives to the problem.
She wants the citizens to know that the Commission is not taking this action in a vacuum.
Commissioner Garcia stated that Mr. Waxman's comments regarding the comparison between
the City of Miami and the City of Miami Beach is incorrect. In the City of Miami the homeless
were almost brutalized. Miami Beach is offering an alternative. The City is trying to provide
safety to the entire community by controlling the intoxicated individuals that sleep on the
beaches and public places.
Commissioner Smith stated that the City has gone out of the way to address the homeless
issue; issues of the poor, the unemployed, and the conditions that leads to homelessness. The
Housing Authority, Economic Community Development, the Miami Beach Community
Development Corp. and North Beach Community Development Corp. award funds to
organizations to address these issues. The City of Miami Beach continues to address the issue
to the best of its ability and resents the accusations that Miami Beach is targeting the homeless.
Robert Middaugh, Assistant City Manager, stated that the City is not working in a vacuum. The
City is spending hundreds of thousands of dollars on staff, resources, making beds available
along with transitional housing and a whole myriad of services and care for the homeless. This
ordinance is not an integral part of the homeless program.
Commissioner Cruz stated that this has nothing to do with the homeless and explained his
personal experiences at Lummus Park, when he visited with his children and was confronted
with an individual who happened to be a sexual offender, as confirmed by the Police.
Vice-Mayor Gross requested the following amendments to the ordinance:
Amendment 1:
Delete the last sentence on Section 4, page 309.
This amendment was not accepted by Commissioner Garcia who moved the ordinance.
Martha Diaz, Assistant City Attorney, stated that it is premature to be worried about a
constitutional attack.
Murray Dubbin, City Attorney, stated that he feels the last sentence is constitutionally weak and
should be deleted. Location(s) will need to be established by ordinance.
Commissioner Garcia reversed his first decision and accepted the amendment.
Amendment 2
Section 4: the bed must be available before a law enforcement officer can approach a person
engaged in camping.
Commissioner Garcia did not accept the second amendment.
Handout:
1. Notice of Ad in Miami Herald
12:24:50 p.m.
R5F Procedures For The Review Of Demolition Of Historically Significant Single Family Homes
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article II, "District
Regulations", Division 2, "Single Family Residential Districts," By Creating Procedures For The
Review And Approval Of Demolition Requests For Architecturally Significant Single Family
Homes Constructed Prior To 1962 And Not Located Within A Designated Historic District;
Providing For Repealer, Codification, Severability And An Effective Date. 11:00 A.M. First
Reading, Public Hearing.
(Planning Department)
ACTION: Discussion held. Ordinance approved on first reading as amended. Motion made
by Commissioner Bower with the 1942 date; seconded by Commissioner Cruz; Ballot vote: 6-1;
Opposed: Commissioner Steinberg. Second Reading and Public Hearing scheduled for April
10, 2002. R. Parcher to notice. Lilia Cardillo to place on the Commission agenda. Jorge
Gomez to handle.
1) The architecturally significant single family homes constructed prior to date changed from
1962 to 1942.
Mayor Dermer, Vice-Mayor Gross and Commissioners Garcia, Smith and Cruz agreed with
changing the architecturally significant single family homes constructed prior to date from 1962
to 1942.
Commissioner Bower expressed her disappointed, but compromised with the 1942 date. She
asked that preservation hearings be held after 5:00 p.m. for those people who live in Miami
Beach and support preservation but work during the day.
Commissioner Steinberg argued the issue of taking away someone's property rights, although
he does not have a problem with controlling what is built. He opposed supporting either the
1942 or 1962 dates; however, he is in support of the zoning changes that control future
construction of buildings.
Vice-Mayor Gross recommended the following amendments:
Amendment 1:
Section B (1) "…application for demolition of any architecturally significant home arising …"
Amendment 2:
Section B (1)(a) "a full set of construction documents submitted for permit associated with the
floor plans and elevations prepared by a Florida registered architect depicting the new
renovation or rehabilitation
Amendment 3:
Section 6 - last paragraph. "…must be filed with the Planning Department. within 10 calendar
days of rendition of the decision or determination of the Planning Director, or designee."
Gary Held stated that Vice-Mayor Gross submitted some language changes which do not
materially change the substance of the criteria under partial demolition on page 322.
Jorge Gomez recommended the following amendment: b (2) "An application for demolition of
such home cannot be approved by the Building Official without prior review concurrence of the
SFRRB". In no instance shall the board deny an application for demolition after exploring all
options with the applicant.
Gary Held, First Assistant City Attorney, asked Commissioner Bower for clarification in regards
to the board meetings being held after 5:00 p.m. Jorge Gomez stated that he envisions the
board meetings to be held in the evenings.
Mr. Held added that Commissioner Smith made a point about a variance to this procedure and
the way it is presently written would be to the Board of Adjustment, based upon hardships, not a
special master. Even the review board would be bound by the criteria that the Planning Director
is considering. He stated that additional language should be added.
Commissioner Smith referred to a hardship situation, whereby someone owns a small house on
a large lot and wishes to demolish the architecturally significant house.
Commissioner Smith amendments:
Section b (2) before the word "alternatives" add the word "reasonable."
Section d (1) change "estoppel" to "waiver of/or."
Handout:
1. Notice of Ad in Miami Herald
2. Copies of color photos labeled #1
3. Copies of color photos labeled #2
4. Copies of color photos labeled #3
5. Speakers List
6. Letter to Hon. David Dermer from Beverly Heller, President La Gorce/Pinetree Homeowners
Association, dated February 11, 2001 (probably should be 2002)
City Clerk's note:
Land Use and Development Committee recommendation 1942, Historic Preservation Board
1962, Planning Board 1962, and the interim procedures for demolition shall only apply to homes
built through 1941 (pre WW II)
5:50:07 p.m.
R5G An Ordinance Amending Subpart B Of The Land Development Regulations Of The Miami
Beach City Code; Amending Chapter 118, "Administration And Review Procedures," Article X,
"Historic Preservation," Division 4, "Designation," Section 118-593, "Historic Preservation
Designation," Subsection 118-593(E), "Delineation On Zoning Map" By Designating The Flagler
Memorial And Monument Island As An Historic Site To Be Known As The "Flagler Memorial And
Monument Island Historic Site," Located Between The Macarthur And Venetian Causeways In
Biscayne Bay, As More Particularly Described In The Ordinance; Providing That The City's
Zoning Map Shall Be Amended To Include The Flagler Memorial And Monument Island As An
Historic Site; Adopting The Designation Report Attached As Appendix "A"; Providing For
Inclusion In The Land Development Regulations Of The City Code; Repealer; Severability; And
An Effective Date. 5:01 P.M. First And Only Reading, Public Hearing.
(Planning Department)
(Designation Report Submitted Under Separate Cover)
ACTION: Public Hearing held. Ordinance Number 2002-3354 adopted on first and only
reading. Motion made by Commissioner Garcia; seconded by Commissioner Steinberg; Ballot
vote: 6-0; Absent: Commissioner Cruz. R. Parcher to transmit to Municipal Code Corporation.
Jorge Gomez to handle.
Mr. Matthew Leibowitz lives directly across from the monument. He is in favor of the
designation of the Flagler Memorial Monument. He stated that the City has mixed thoughts,
desires and goals with respect to the monument, and has wasted hundreds of thousands of
dollars, that have literally gone up in flames because of the shrubbery planted. The monument
is beautiful, as is the island. It is a true treasure, but it is also a nuisance for the neighbors. At
times there are hundreds of boats at the site and all-night parties are held. The City
Commission has designated this as a park and it should close at 7:00 p.m. He added that the
island is being abused. He has written to the City Commission several times about the abuse,
the garbage and dead carcasses that are found at the site. The neighbors are affected by this
and he feels they are not being protected.
Commissioner Garcia reassured Mr. Leibowitz that he has been voicing his opinion at every
meeting and guarantees that the Commission will be receptive to the needs of the neighbors.
No mulch will be used, only local vegetation will be used. He added that by designating the
monument a park, the area should be patrolled better, especially with the "no camping"
ordinance in place. He will follow up on this.
Vice-Mayor Gross directed the Administration to provide the guidelines to maintain the
monument in order to qualify for the $250,000 federal grant. William Cary requested that an
educational program be developed in addition to the guidelines to qualify for the grant.
Issue of the educational programming referred to the Neighborhoods Committee. Vivian
Guzman to place on agenda.
Handout:
1. Notice of Ad in Miami Herald
7:06:10 p.m.
R5H An Ordinance Amending Subpart B Of The Land Development Regulations Of The Miami
Beach City Code; Amending Chapter 118, "Administration And Review Procedures," Article X,
"Historic Preservation," Division 4, "Designation," Section 118-593, "Historic Preservation
Designation," Subsection 118-593(E), "Delineation On Zoning Map" By Designating The 69th
Street Fire Station (Now Known As Fire Station No. 4) As An Historic Site To Be Known As The
"Historic 69th Street Fire Station, "Located At 6860 Indian Creek Drive, As More Particularly
Described In The Ordinance; Providing That The City's Zoning Map Shall Be Amended To
Include The 69th Street Fire Station As An Historic Site; Adopting The Designation Report
Attached As Appendix "A"; Providing For Inclusion In The Land Development Regulations Of
The City Code; Repealer; Severability; And An Effective Date. 5:05 P.M. First And Only
Reading, Public Hearing.
(Planning Department)
(Designation Report Submitted Under Separate Cover)
ACTION: Heard in conjunction with Report Item "D." Public Hearing held. Ordinance Number
2002-3355 adopted on first and only reading. Motion made by Commissioner Garcia;
seconded by Commissioner Bower; Ballot vote: 5-2; Opposed: Vice-Mayor Gross and
Commissioner Steinberg. R. Parcher to transmit to Municipal Code Corporation. Jorge Gomez
to handle.
Robert Middaugh, Assistant City Manager, and Todd Osborne, Representative from URS, gave
a status report based on the Agenda Report Item "D."
Jorge Gonzalez, City Manager, gave a status report.
Commissioner Bower commended everyone, including the public, for their input and work on
this issue. She would like to know if the expense of moving the building is going to be an issue
that the Commission will have to defend.
Vice-Mayor Gross inquired about the economic benefit of moving the building and its intended
use after the move. The estimated cost to move and restore the building is approximately
$500,000 and it does not make financial sense to save the building.
Jorge Gonzalez, City Manager, stated that the use has not been determined yet; however, it
could possibly be used by the Police personnel who are presently located in the boathouse. It
can also be used as a launching pad for canoes, or some other use. He added that the G.O.
Bond funds, when placed to the voters, called for rehabilitation and renovation, which limits the
way the money can be used.
Commissioner Bower questioned if the project qualifies for historic preservation grants.
William Cary replied that the City qualifies for grants by applying for special category grants
from the State. He gave a summary of the reasons why the building should be designated and
relocated.
Handout:
1. Notice of Ad in Miami Herald
4:21:30 p.m.
R5I An Ordinance Amending Chapter 82 Of The Miami Beach City Code Entitled "Public
Property' By Amending Section 82-412 Thereof Entitled "Posting Of Signs On Utility Company
Property Or Public Property Prohibited; Enforcement; Fines; Appeal"; By Amending Subsection
(A) And (F) Thereof To Provide For The Enforcement Of And Penalties For Illegal Signs In The
Right-Of-Way Affixed Or Secured; Providing For Codification, Repealer, Severability, And An
Effective Date. First Reading.
(Neighborhood Services)
ACTION: Discussion held. Ordinance approved on first reading as amended. Motion made
by Commissioner Garcia to approve the amended ordinance handed out by the Administration;
seconded by Commissioner Steinberg; Ballot vote: 7-0. Second Reading and Public Hearing
scheduled for April 10, 2002. R. Parcher to notice. Lilia Cardillo to place on the Commission
agenda. Vivian Guzman to handle.
Amendment 1:
Subsection (a) (1) replaced with "Signs affixed or held with a securing device. In the event that
an illegal sign(s) in the public right-of-way is affixed with an adhesive, glue, staples, tacks, or
nails that requires extraordinary effort, labor and or materials to remove, then said sign shall be
subject of enforcement as outlined in this section."
Subsection (c) add: "Extraordinary Effort, Labor and materials shall mean where a city
employee cannot remove the sign by simply standing on the public right-of-way and pulling on
the sign for its removal, extraordinary effort, labor and material include having to scrape, pry
with a device and or reach with a ladder or lifting device and/or require more than one individual
for removal, and/or require patching or painting, or in the case of attachment to landscaping
require special treatment to the trees or plant materials to which it was attached."
Subsection (f) (4) First offense for illegal sign(s) in the public right-of-way affixed with an
adhesive, glue staples, tacks or nails that requires extraordinary effort, labor and materials to
remove -$150.00
Subsection (f) (5) Second offense (within one year of the fines of the first offense) for illegal
sign(s) in the public right-of-way affixed with an adhesive, glue, staples, tacks, or nails that
requires extraordinary effort, labor and materials to remove -$400.00
Subsection (f) (6) Third offense/additional offenses (within one year of the fines of the first
offense) for illegal sign(s) in the public right-of-way affixed with an adhesive, glue, staples,
tacks, or nails that requires extra ordinary effort, labor and materials to remove - $750.00
Amendment 2:
Vice-Mayor Gross requested that language be added to clarify who is responsible for the
violation. This should be done for second reading. He inquired as to who would be obligated to
pay the fines, since property owners have no control of those individuals that post signs on their
property.
Vivian Guzman stated that the person benefiting from the sign would be the person paying for
the fine.
Mayor Dermer asked if this applied to political signs. Vivian Guzman, Neighborhood Services
Director, stated that it applied to all signs.
Commissioner Garcia asked if this new citation for political signs carry a warning period. Al
Childress, Code Enforcement Director, replied that it does.
Vice-Mayor Gross requested the Administration to notify all event promoters and club owners in
the City of this ordinance. Al Childress to handle.
8:57:25 p.m.
R5J An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled
"Administration," By Amending Article III Thereof Entitled "Agencies, Boards, And Committees";
By Amending Division 9 Thereof Entitled "Health Advisory Committee"; By Amending Section
2-81 (d) Entitled "Composition" By Amending The Membership Of The Board To Eliminate A
Member From The Miami Heart Institute And Adding An Additional Board Member Which May
Be A Representative From An Assisted Living Facility; Providing For Repealer; Codification;
Severability, And An Effective Date. First Reading.
(Human Resources)
ACTION: Discussion held. Ordinance approved on first reading. Motion made by
Commissioner Steinberg; seconded by Commissioner Bower; Ballot vote: 7-0. Second Reading
and Public Hearing scheduled for April 10, 2002. R. Parcher to notice. Lilia Cardillo to place on
the Commission agenda. T.C. Adderly to handle.
8:54:08 p.m.
R5K An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary
Ordinance; Increasing On The First Pay Period Starting May 1, 2002, The Minimum Of The
Ranges By 4% And The Maximum Of The Ranges By 4.755%; Providing For A Repealer,
Severability, Effective Date And Codification. First Reading.
(Human Resources)
ACTION: Discussion held. Ordinance approved on first reading. Motion made by
Commissioner Bower; seconded by Commissioner Steinberg; Ballot vote: 7-0. Second Reading
and Public Hearing scheduled for April 10, 2002. R. Parcher to notice. Lilia Cardillo to place on
the Commission agenda. T.C. Adderly to handle.
8:56:15 p.m.
R5L An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance,
For Classifications In Group VI, Being Other Classifications In The Classified Service Not
Covered By A Bargaining Unit; Increasing On The First Pay Period Starting May 1, 2002, The
Minimum Of The Ranges By 4% And The Maximum Of The Ranges By 4.755%, To Reflect The
Current Classification And Pay System; Providing For A Repealer, Severability, Effective Date
And Codification. First Reading.
(Human Resources)
ACTION: Discussion held. Ordinance approved on first reading. Motion made by
Commissioner Steinberg; seconded by Commissioner Garcia; Ballot vote: 7-0. Second Reading
and Public Hearing scheduled for April 10, 2002. R. Parcher to notice. Lilia Cardillo to place on
the Commission agenda. T.C. Adderly to handle.
8:58:42 p.m.
R5M An Ordinance Amending Miami Beach City Code Section 38-6 Entitled "Prohibited
Campaign Contributions By Vendors, Etc.” By Mandating That The City Publish Notice
Requirements Of This Ordinance, Establishing Responsibility Of Candidates For Elected Office
To Determine Status Of Potential Donor As Vendor, Clarifying And Creating Definitions,
Creating Additional Waiver Provision When Termination Of Existing Contract Would Be Adverse
To City's Best Interests; Providing For Repealer, Severability, Codification And An Effective
Date. First Reading.
(Requested By Commissioner Jose Smith)
ACTION: Discussion held. Item referred.
Motion made by Commissioner Smith to adopt the ordinance. Discussion continued.
Motion made by Vice-Mayor Gross to refer this item to the Community Affairs Committee.
Discussion continued.
Item referred to the Community Affairs Committee by acclamation of the City Commission.
Mayra Diaz Buttacavoli to place on the Committee agenda.
6:50:46 p.m.
R5N An Ordinance Amending Chapter 14 Of The Miami Beach City Code, Entitled “Building
Regulations,” By Amending Chapter 14 To Provide For A Part I Which Will Contain The Current
Construction Standards And By Making The Current Construction Standards Applicable To
Permits Applied For Before March 1, 2002; By Creating A Part II To Chapter 14 Which Will
Adopt The Florida Building Code And Provide For Construction Standards To Be Applicable To
Permits Applied For On Or After March 1, 2002; And By Amending The Fee Schedule Set Forth
In Appendix A To The City Code To Provide Fees And Charges For Part II To Chapter 14;
Providing For A Repealer, Codification, Severability, And An Effective Date. First Reading.
(Building Department)
ACTION: Discussion held. Ordinance approved on first reading. Motion made by
Commissioner Bower; seconded by Commissioner Steinberg; Ballot vote: 7-0. Second Reading
and Public Hearing scheduled for April 10, 2002. R. Parcher to notice. Lilia Cardillo to place on
the Commission agenda. Phil Azan to handle.
Commissioner Garcia asked Phil Azan, Building Department Director, to explain what are the
changes of the South Florida Building Code as mandated by Florida Statute and how it affects
the City.
Mr. Azan reviewed some of the most significant changes and stated that the fees have not
changed. However, he pointed out that F.S. 553.79 affects plan reviews and inspection, when
the local jurisdiction has to make more than three plan reviews or turndowns on an inspection,
by the new Florida Statute we are required to charge a fee of four times the normal fee. This
figure has not been finalized so it will be brought back at a future time.
Vice-Mayor Gross requested the item be referred to a joint meeting of the Business Resolution
Task Force and the Land Use and Development Committee to review the changes. Item
referred by acclamation of the City Commission. Christina Cuervo and Jorge Gomez to
coordinate a joint meeting before April 10.
Commissioner Smith asked for the status of using special or private inspectors versus city
inspectors.
Mr. Azan stated that each local jurisdiction can choose to accept an affidavit from an architect or
an engineer. Miami-Dade County has opted to accept affidavits. The City of Miami Beach,
based on the history and experience of reviews and construction process, has decided not to
accept the affidavit because it is too risky.
R6 - Commission Committee Reports
R6A Report Of The Community Affairs Committee Meeting Of March 1, 2002: 1) Discussion
Regarding Legislation (1) Prohibiting Anyone Involved In Election Campaign From Soliciting
Contracts From The City Commission, (2) Prohibiting "Undisclosed Bundling" Of Campaign
Contribution Checks, And (3) The Open Disclosure Of Fees Paid To Lobbyists Registered In
The City Of Miami Beach; 2) Discussion Regarding Amending Miami Beach City Code Chapter
2 “Administration”, Division 2 Thereof By Creating Section 2-460 Entitled “Continuing
Application For Two Years After City Service”, Prohibiting Certain Post-Employment Activity Of
City Officers Or Employees For A Period Of Two Years After Leaving City Employment; 3)
Special Events Policy Regarding Markets; 4) Discussion Regarding Review And
Recommendation On A Citizen’s Request To Televise, On Government Channel 20, Meetings
Of The City Commission Committees; 5) Discussion To Review And Enhance The Banner
Approval And Placement Criteria; 6) Discussion Regarding The Use And Need Of The Nuisance
Abatement Board; And 7) Discussion To Review The Administration’s Policy Of Requests Made
By The Mayor Or A City Commissioner To Place An Item On The City Commission Agenda.
ACTION: Item not reached. Lilia Cardillo to place on April 10 Consent Agenda.
3. Administration to meet with the merchants where the markets are held and discuss a
methodology of permitting markets in the future. Such methodology should include the
frequency, exclusivity, types and participation for the markets. James Quinlan to handle.
R6B Report Of The G.O. Bond Oversight Committee Meeting Of March 4, 2002: 1) Projects
Status Report; 2) Recommendation To Appropriate Funds: (a) Normandy Isle Park And Pool
Construction Appropriations; 3) Informational Items: (a) Updated Calendar Of Scheduled
Community Design Workshops; (b) Community Design Workshop #2 - Nautilus ROW
Improvements; (c) Community Design Workshop #2 - Bayshore ROW Improvements; (d)
Community Design Workshop #2 - Flamingo/Lummus ROW Improvements; (e) Results Of
Normandy Drive/71st Street Corridor Enhancements First FDOT Community Meeting; And 4)
Change Order Report..
ACTION: Item not reached. Lilia Cardillo to place on April 10 Consent Agenda.
1a) The Committee passed a motion recommending that the Commission give an authorization
of funding to Glatting Jackson, for architectural and engineering for the West Avenue/Bay Road
Neighborhood to plan up to three east-west streets that are potential recommendations for GO
Bond streetscape funding. The Administration will bring an item back to the Committee at its
April 1, 2002 meeting with specific recommendations. Tim Hemstreet to handle.
1b) The Administration informed the Committee that on March 18, 2002, there would be a
groundbreaking ceremony for the North Shore Park & Youth Center project.
R6C Report Of The Land Use And Development Committee Meeting Of March 11, 2002: 1)
Discussion On Vessels Docked In Single Family Districts; 2) Single Family Development
Regulations; And 3) Discussion On Inventory Of Street Ends.
ACTION: Item not reached. Lilia Cardillo to place on April 10 Consent Agenda.
1a) Motion directing the Administration to prepare an ordinance that prohibits anyone from
living aboard any boat, vessel or watercraft docked or moored at any single family or
multi-family residential district. Jorge Gomez to handle.
1b) Motion to refer to the Marine Authority Board several questions outlined in the Commission
Agenda for their review and recommendations. Eric Wardle to handle.
3. Motion to accept the Administration's recommendation to consider the sale of the two
uniquely situated streetends to the adjacent property owners with the appropriate utility
easements. Fred Beckmann to handle.
R6D Verbal Report Of The Finance And Citywide Projects Committee Meeting Of March 19,
2002: 1) Discussion Relative To LNR Property Corporation Relocation To Lincoln Place.
ACTION: Item not reached. Lilia Cardillo to place on April 10 Consent Agenda.
R7 - Resolutions
R7A A Resolution Approving, By 5/7ths Vote, As Required By Section 255.20(1)(a)(10), Florida
Statutes, And Chapter 2, Article VI, Division 3, Section 2-367 (e) Of The Miami Beach City
Code, Respectively, A Waiver Of Formal Competitive Bidding; Finding, Following A Duly
Noticed Public Hearing And Upon Consideration Of The Criteria Set Forth In This Resolution
And Attachments Hereto, Such Waiver To Be In The Best Interest Of The City; Authorizing The
Award Of A Construction Contract For The Construction Of The Sunset Harbour Neighborhood
Drainage Improvements Project To RIC-Man International, Inc., In An Amount Not To Exceed
$400,000; Authorizing The Appropriation Of Funds From The Series 2000 Stormwater Bond
Fund 428 And Stormwater Utility Operating Fund 427, In An Amount Not To Exceed $400,000.
2:15 P.M. Public Hearing.
(Public Works)
ACTION: Withdrawn.
Handout:
1. Notice of Ad in Miami Herald
10:31:50 a.m.
R7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Qualifications Received Pursuant To Request For Qualifications (RFQ) No.
57-00/01, For Providing Professional Engineering, Landscaping And Architectural Services For
Design And Implementation Of Phase II Of The South Pointe Streetscape Improvements
Project; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm
Of Wolfberg Alvarez, 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 Bermello, Ajamil And Partners, 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 Edaw. Joint City Commission
And Redevelopment Agency.
(Capital Improvement Projects)
ACTION: Item heard in conjunction with item RDA-3B. Resolution No. 2002-24798
adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice
vote: 7-0. Tim Hemstreet to handle.
10:42:26 a.m.
R7C A Resolution Approving Amendment No. 4, To The Architectural And Engineering
Agreement With Robert A. M. Stern Architects, For The Cultural Campus/Regional Library
Project, For Additional Services, In The Amount Of $20,798, To Complete The Conceptual
Design Of The Renovation Of The Existing Rotunda Building At Collins Park Under The Terms
Of The Approved Master Plan. Joint City Commission And Redevelopment Agency.
(Capital Improvement Projects)
ACTION: Item heard in conjunction with item RDA-3C ( See Discussion RDA-3C).
Resolution No. 2002-24799 adopted. Motion made by Commissioner Bower; seconded by
Vice-Mayor Gross; Voice vote: 7-0. Tim Hemstreet to handle.
4:00:19 p.m.
R7D A Resolution Awarding A Construction Contract To Regosa Engineering, Inc., Pursuant To
Request For Proposal No. 21-00/01, For The Construction Of The Normandy Isle Park And Pool
Facility; Approving And Authorizing The Appropriation Of Funds, In The Amount Of $389,000
(Comprised Of $300,000 From The Fiscal Year 2000/2001 North Beach Quality Of Life Funds,
$89,000 From The $92 Million General Obligation Bond Fund, (Comprised Of $49,000 From
The Normandy Isle And Normandie Sud Neighborhood Improvement Project And $40,000 From
The ADA Citywide Renovation Projects), To Cover The Following Expenses For The
Construction Of The Normandy Isle Park And Pool Facility: $49,000 For The Construction Of 22
New On-Street Parking Spaces On Trouville Esplanade And Rue Granville; $40,000 For The
Construction Of Accessible Walkways And Ramps; $80,288 To Complete The Construction
Cost For The Pool Facility, And $219,712 As Construction Contingency Fund.
(Capital Improvement Projects)
ACTION: Resolution No. 2002-24800 adopted. Motion made by Commissioner Smith;
seconded by Commissioner Bower; Voice vote: 6-0; Absent Commissioner Cruz. Patricia
Walker to appropriate the funds. Tim Hemstreet to handle.
Commissioner Smith stated that just a few weeks ago this project was going no where, and he
complimented the Administration and everyone on the progress made.
4:11:11 p.m.
R7E A Resolution Authorizing The Use Of $164,209 In Community Development Block Grant
(CDBG) Funding For The North Shore Park And Youth Center Project, Toward The Youth
Center Building And Approving The Reallocation Of $164,209 Of Existing General Obligation
Bond Funds Within The Project Budget As Follows: $60,184 For Project Contingencies;
$50,904 To Restore Value-Engineered Items In The Youth Center Building; And $53,121 For
The Construction Of Two (2) Additional Tennis Courts With Lighting.
(Capital Improvement Projects)
ACTION: Resolution No. 2002-24801 adopted. Motion made by Commissioner Steinberg;
seconded by Commissioner Bower; Voice vote: 6-0; Absent Commissioner Cruz. Patricia
Walker to reallocate funds. Tim Hemstreet to handle.
Jorge Gonzalez, City Manager, thanked NBDC for partnering with the City to make sure that the
pool, the Youth Center and the park could be accomplished.
Commissioner Smith complimented the Administration and NBDC for their efforts and stated
that there are other items in the "wish-list" that the Youth Center could not accomplish because
of lack of funding.
Vice-Mayor Gross announced to the public that the groundbreaking for the North Beach Youth
Center project took place on Thursday, March 14. He congratulated everyone involved
including Joe Fontana and the Administration.
4:31:54 p.m.
6:59:40 p.m.
R7F A Resolution Rejecting All Bids Received In Response To Invitation To Bid No. 02-01/02,
For The Construction Of The City Of Miami Beach Regional Library.
(Capital Improvement Projects)
ACTION: Item deferred. Motion made by Commissioner Bower to defer the item; seconded by
Commissioner Steinberg; Voice vote 7-0.
Jorge Gonzalez, City Manager, gave an overview of why the bids are being rejected. The
reason why the bids are being rejected is because the bidders failed to demonstrate the ability
to the do the work the City is seeking. Recommending that the bids be rejected, clarify the
minimum experience requirements, and seek new bids.
Tim Hemstreet spoke.
Jaime E. Borrelli with Robert M. Stern spoke.
Mr. Mike Nardone with URS spoke. He stated that the best way to define the criteria of the bid
is by size and type. Size is broken into two categories: 1) dollar amount and 2) square footage.
Type equals finishes such as terrazzo floors, detail plasterwork, detail woodwork, and exterior
stone and terra-cotta fascia.
Jorge Chartrand, Senior Capital Projects Coordinator, spoke.
Raul Aguila, Assistant City Attorney, gave an overview of the legal issues.
Vice-Mayor Gross inquired as to how many sites were visited by the City.
Mr. Mike Nardone replied that four (4) Tower sites were visited, and two (2) sites each were
visited for the other two (2) vendors.
Jorge Gonzalez, City Manager, stated that the bid requested each responder to select their two
(2) most representative sites to visit.
Commissioner Garcia asked for a clarification of the bid protest ordinance.
Raul Aguila, gave an overview of the bid protest ordinance.
Commissioner Garcia added that he would like to have the Commission hire outside counsel to
interrupt the bid protest ordinance.
Sylvester Lukis, Fred Balsera, and Tony Burke, CEO of The Tower Group, spoke on behalf of
The Tower Group.
Carter McDowell and Albert Dotson spoke on behalf of the Regosa Engineering, Inc.
05:48:52 p.m. - Continued:
Motion made by Commissioner Smith to approve the Administration's recommendation;
seconded by Mayor Dermer for discussion. Discussion continued. Mayor Dermer withdrew his
second.
Commissioner Steinberg informed that at least two (2) of the bidders may have additional
information. The Administration should evaluate the additional information to see if the new
information helps the Administration make a recommendation.
Commissioner Gross asked if the sub-contractors should be evaluated rather than the bidders.
Jorge Gonzalez, City Manager, stated that if it is the sentiment of the Commission, the
Administration will re-evaluate. The Administration can seek additional examples of where each
company demonstrates their ability, as the Administration determines it to be, by pursuing it
beyond the general contractor or at the sub-contractor level. He added that the Administration
is concerned about taking this route because of the negative experience of the general
contractor and sub contractors at the Bass Museum project.
Mayor Dermer asked Jaime E. Borrelli with Robert M. Stern if he can look at the sub contractors
to determine if they are qualified.
Raul Aguila stated that if additional due diligence is required, each bidder should submit to the
City the two or three representative projects that they believe comply with the minimum
requirement.
Jorge Gonzalez, City Manager, stated that the minimum requirements listed in the Commission
Memorandum are what the City wishes each of the bidders to show the Administration;
representative projects which are: $5 million minimum value building, buildings over 30,000
square feet that are non-warehouse and non-industrial, and demonstrate custom millwork,
curved wood circulation desk, and built-in shelving. Each bidder is to give the Administration
four (4) projects which represent the above criteria. He concluded by asking the Administration
and the bidders to contact the bidders not present, and to meet to figure out what is the most
fair way to pursue this.
Mayor Dermer withdrew his second.
6:59:44 p.m. -
After the meeting was held with the bidders, Legal and the Administration.
ACTION:
Raul Aguila, Assistant City Attorney, stated that following the directive of the Commission, Tim
Hemstreet, Robert Middaugh, and himself had met with the bidders present (Tower Group and
Regosa) and their representatives and developed the recommended criteria. Raul Aguila stated
that to be very clear the City is not supplementing the terms of the bid, but clarifying the City's
intent with regards to the interpretation of the minimum requirement.
Bidders are to provide the City, by the close of business Friday, March 22, the following:
1 Three (3) representative projects, preferably in the counties of Monroe, Dade, Broward , or
West Palm Beach for inspection by the City.
2. With regard to the minimum requirements and the City's interpretation or the requirement in
the bid. the project size and type should conform to the proposed project size and type (library
or similar type of project)
Project size for the library is 40,000 sq. ft.,
Project budget is approximately $7.1 million dollars
Non-industrial and non-warehouse project
Looking for projects with high end finishes.
The Administration will report back at the next Commission meeting.
Raul Aguila, Assistant City Attorney, will contact the third bidder.
The Commission and the Administration were reminded that the Cone of Silence is back on.
Handout:
1. Letters from Gus Lopez, Procurement Director, to Ms. Draguisa Gomero, Regosa
Engineering, Mr. Anthony J. Burke, CEO, The Tower Group, and Mr. Jerry Gillman, President,
S.F.C.S., Inc, all dated March 21, 2002, RE: Invitation to Bid No 02-01/02 -- Construction of the
City of Miami Beach Regional Library (the "Bid")
2. Booklet titled "Regional Library Bid No. 02-01/02 March 20, 2002" submitted by The Tower
Group
3. Letter to Jorge Gonzalez, City Manager, from Mr. Anthony J. Burke, Chief Executive Officer,
The Tower Group, dated March 19, 2002.
4. Letter to Anthony J. Burke, CEO, The Tower Group, from Raul J. Aguila, First Assistant City
Attorney, dated March 19, 2002, via facsimile, RE: Bid No. 02-01/02 - Construction of the City of
Miami Beach Regional Library
5. Letter to Mr. Anthony J. Burke, CEO, The Tower Group, from Jorge M. Gonzalez, City
Manager, dated March 20, 2002, via facsimile, RE: Bid No. 02-01/02 - Construction of the City
of Miami Beach Regional Library
6. Letter to City of Miami Beach Mayor and Commissioners from Zoila M, Datorre (Member of
the Advisory Board for the Miami-Dade Public Library and a resident of Miami Beach) dated
March 19, 2002.
4:03:47 p.m.
R7G Approving And Authorizing $403,901 In City Of Miami Beach Quality Of Life/Resort Tax
Funding From Fiscal Year 2000/2001 (Less $35,195.05 Of Administrative Charges To North
Beach Development Corporation) For Improvements In The North Beach Community; And
Reallocating $270,243.38 In Prior Years’ Quality Of Life Funding, In The Amounts Of $9,999.19
From Fiscal Year 96/97; $159,775.29 From Fiscal Year 97/98; $35,000 From Fiscal Year 98/99;
And $65,468.90 From Fiscal Year 99/00; Providing $638,949.33 For The Purpose Of Funding
Tourism Oriented Projects In The North Beach Area; And Approval Of Future Quality Of Life
Funds From Fiscal Year 2001/2002 In An Amount Of $55,777 To Complete The North Shore
Tennis Center Project.
(Neighborhood Services)
ACTION: Resolution No. 2002-24802 adopted. Motion made by Commissioner Steinberg;
seconded by Commissioner Bower; Voice vote: 6-0; Absent: Commissioner Cruz. Patricia
Walker to appropriate and reallocate funds. Robert Middaugh to handle.
Mayor Dermer asked the Administration to bring a status report during Commission to see
where the City is going with this.
Commissioner Steinberg stated that the North Beach Development Corp. (NBDC) requested the
City Commission to hold a workshop on the 63rd Street construction and removal of the flyover.
Jorge Gonzalez, City Manager, stated that a status report will be brought to subsequent
Commission meetings identifying the current status of the project and future plans. Mayor
Dermer requested this item be given a time-certain. Fred Beckmann to handle. Lilia Cardillo
to place on agenda.
Commissioner Steinberg stated that questions had been raised as to the possible scope of
previous study, and whether or not the scope of the study was adequate to look at the traffic
impact. North Beach Development Corp. (NBDC) is concerned about the possible impact of
construction phase especially in light of FDOT's construction proposal. The concern revolves
around 65th Street intersection, whether it was considered or not in the scope of the study.
Jerry Libbin, NBDC, stated that the Board is very concerned about making sure that there is
advanced planning, because although the FDOT project is not scheduled until 2004, there is a
life safety issue with fire trucks from Fire Station 4 not being able to get to Allison Island. He
also made reference to the $300,000 allocated for the Ronald W. Shane Watersports Center in
the G.O. Bond process. Legal Department determined, after voter approval, that the funds
could not be used for its intended purpose. Mayor Dermer and Commissioner Smith stated that
based on a legal opinion, the funds could be used any place in the City. Mr. Libbin asked if the
funds could be used at the park and pool. Jorge Gonzalez, City Manager, cautioned about
trying to reprogram the funds at this time because the Administration had not an opportunity to
fully research this.
3:58:31 p.m.
R7H A Resolution Adopting The Second Amendment To The Police Confiscation Trust Fund
For Fiscal Year 2001/02, In The Amount Of $1,322,284 To Be Funded From The Proceeds Of
State ($1,248,100) And Federal-Justice ($74,184) Confiscated Funds.
(Police Department)
ACTION: Resolution No. 2002-24803 adopted. Motion made by Commissioner Bower;
seconded by Vice-Mayor Gross; Voice vote: 6-0; Absent: Commissioner Cruz. Patricia Walker
and Chief De Lucca to handle.
6:02:38 p.m.
R7I A Resolution Awarding A Contract To Laumar Roofing South Inc., In The Amount Of
$282,345 For The Partial Replacement Of The Roof And The Partial Replacement Of The Air
Conditioning Equipment At The Byron Carlyle Theater.
(Public Works)
(Deferred From February 20, 2002)
ACTION: Resolution No. 2002-24804 adopted. Motion made by Commissioner Steinberg;
seconded by Commissioner Bower; Voice vote: 6-0; Absent: Commissioner Cruz. Fred
Beckmann to handle.
Motion made by Mayor Dermer to refer the Phase II issues of the Byron Carlyle Theater to the
Finance and Citywide Project Committee. Deferred by acclamation of the City Commission.
Patricia Walker to place on the Committee agenda. Christina Cuervo to handle.
Jorge Gonzalez, City Manager, stated that Phase I was to stabilize the building and build out
the lobby area to allow for office space. This item can be considered Phase IA , to replace the
roof in order to continue to stabilize the building. Phase II is estimated to cost $1.2 million to
rehabilitate the facility, primarily the auditorium space to create a production area. It could be
used as a substitute area while the Colony Theater undergoes renovations. The Administration
has identified the $1.2 million funding, but the sources are not fully committed.
Commissioner Smith stated that the Amendment to the Interlocal Agreement (CDT money)
identifies millions and millions of dollars that the City will be receiving within the next couple of
years.
Commissioner Garcia asked if some of the venues scheduled at the Colony Theater could be
moved to the Byron-Carlyle Theater.
Christina Cuervo, Assistant City Manager, stated that the Colony Theater is closing in July.
Phase II renovations are not scheduled to be completed until December. The Administration
has been meeting with TOPA to try to work out an alternative site for the Colony Theater
venues.
R7J A Resolution Approving The Miami Beach Business Assistance Program And Further
Directing The Administration To Negotiate With LNR Property Corporation To Provide Additional
Assistance For Their Relocation To Miami Beach.
(City Manager’s Office)
ACTION: Withdrawn.
R9 - New Business and Commission Requests
R9A Board and Committee Appointments.
(City Clerk’s Office)
ACTION: Item not reached. Item to be scheduled as a time-certain on the April 10, 2002
agenda.
Beach Preservation Board:
Armando Trabancco term expires 12/31/03 appointed by Commissioner Garcia
Beautification Committee:
Milton Montalvo term expires 12/31/02 appointed by Mayor Dermer
James Weingarten term expires 12/31/02 appointed by Commissioner Cruz
Committee on the Homeless:
Zeiven Beitchman term expires 12/31/03 appointed by Mayor Dermer
Convention Center Advisory Board:
Norman Litz term expires 12/31/03 appointed by Commissioner Smith
Debarment Committee:
Todd Tautfest* term expires 12/31/02 appointed by Mayor Dermer
Mr. Tautfest reinstated to correct an error. Mr. Tautfest's term had not expired.
Mr. Martinez, appointed by Mayor Dermer, was notified of this action.
Hispanic Affairs Committee:
Rolando Gonzalez term expires 12/31/03 appointed by Commissioner Bower
Marine Authority:
Stuart Reed term expires 12/31/03 appointed by Mayor Dermer
Youth Center Advisory Board:
Anita Grossman* term expires 12/31/03 appointed by Commissioner Bower
Ms. Grossman removed and notified that she does not qualify for this committee.
Handout:
1. Letter to Mayor and City Commission from Grisette Roque Marcos, Executive Director,
Miami Beach Visitors and Convention Authority (VCA), dated March 18, 2002.
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.
R9C Discussion Regarding The Municipal Mobility Plan.
(Requested By Commissioner Richard L. Steinberg)
ACTION: Item not reached. Lilia Cardillo to place on April 10 agenda.
R9D Discussion Regarding An Ordinance Relating To Implementing A Local Preference In The
Award Of Contracts For Goods And Services To Miami Beach-Based Vendors.
(Requested By Commissioner Jose Smith)
ACTION: Item not reached. Lilia Cardillo to place on April 10 agenda.
R9E Discussion Regarding An Ordinance Amending City Code Entitled “Lobbyist” By Creating
A Section Entitled “Contingency Fee Prohibited.”
(Requested By Commissioner Matti Herrera Bower)
ACTION: Item discussed with item R9F. Legal Department to prepare and ordinance April
10, 2002. Lilia Cardillo to place on agenda.
7:53:00 p.m.
R9F Discussion Regarding An Ordinance Amending City Code “Lobbyist” By Creating Two
Sections Entitled “Fee Disclosure,” And “Prohibited Lobbying Activities.”
(Requested By Commissioner Matti Herrera Bower)
ACTION: Discussion held and heard in conjunction with R9E.
Commissioner Bower presented the item.
Jean Olin, First City Attorney, gave an oral presentation.
Commissioner Smith asked when does the disclosure takes place. Jean Olin stated that it is
not addressed in the proposed ordinance, but a disclosure should be before a vote. The
appropriate language will be added to the ordinance. Jean Olin to handle.
Mayor Dermer requested Jean Olin, First Assistant City Attorney, to call the Ethics Commission
and obtain a list of cities with this type of legislation in place. Jean Olin to handle.
Commissioner Smith has a problem prohibiting contingency fees because that is the only way
poor people can afford the use of a lobbyist.
Vice-Mayor Gross asked what is the penalty for violating this ordinance.
Jean Olin stated that it is $500 per violation. The Miami-Dade Commission on Ethics and Public
Trust has the option to assess another violation of up to $500 per violation or to suspend the
lobbyist from lobbying for up to a year.
Amendments need to be added to the ordinance and placed on the April 10 Commission
Agenda. Legal Department to handle.
R9G Discussion Regarding Rental Motor Scooters.
(Requested By Commissioner Jose Smith)
ACTION: Item not reached. Lilia Cardillo to place on Agenda.
R9H Discussion Regarding Convention Center Development Tax.
(Requested By Commissioner Jose Smith)
ACTION: Item not reached. Lilia Cardillo to place on Agenda.
10:05:45 am.
R9I Discussion Regarding A Resolution Urging The Florida State Legislature To Prevent The
Redistricting Proposal Affecting Miami Beach Residents Which Is Contained In House Bill 1987
From Taking Effect And To Reconsider The New District Lines In Conference.
(Requested By Commissioner Richard L. Steinberg)
ACTION: Resolution No. 2002-24776 adopted. Motion made by Commissioner Steinberg;
seconded by Commissioners Bower/Garcia; Voice vote 7-0. Christina Cuervo to transmit to the
City's Lobbyists for distribution.
Commissioner Steinberg informed the Commission that the State Legislature has redrawn the
districts. The redistricting was approved by the Florida House and will have an impact on the
City of Miami Beach.
Mayor Dermer state that he has mixed feeling regarding this issue because if this is approved
Miami Beach could have three (3) representatives rather than two (2).
Commissioner Garcia stated that it looks like Representative Gelber is being punished for not
falling in line.
Commissioner Smith believes it is unrealistic to get Tallahassee to do anything and suggested
encouraging the residents to get involved if a lawsuit is filed.
Commissioner Cruz stated that the City should join in any lawsuit relative to this matter.
Murray Dubbin, City Attorney, stated that until final action is taken it would be premature to file a
lawsuit. The City will be prepared to file a lawsuit if it can be determined that Federal
Constitutional guidelines for reapportionment have not been followed. In his opinion the City
would have a standing.
Mayor Dermer stated that no matter what the legislature does, the entire Commission should
extend ourselves to whoever our representatives are going to be and make sure that our needs
are heard.
R9J Discussion/Referral Regarding Quality Of Education Committee.
(Requested By Commissioner Matti Herrera Bower)
ACTION: Item not reached. Lilia Cardillo to place on Agenda.
4:12:35 p.m.
R9K Discussion Of An Ordinance Amending City Code Provisions Regarding Street Performers
And Art Vendors To Provide For Additional Locations And Opportunities For Street Performers.
(Requested By Commissioner Matti Herrera Bower)
ACTION: Discussion held. Referred. Motion made by Commissioner Bower to refer to the
Land Use and Development Committee; seconded by Commissioner Steinberg; Voice-vote 7-0,
Jorge Gomez to place on the committee agenda.
Commissioner Bower explained that having five (5) places for artists and five (5) places for
performers will be a different and perhaps fairer way to handle.
Gary Held, Assistant City Attorney, stated that as the Commission Memorandum addresses that
while the Administration was researching the alternatives, the ACLU and a private attorney
representing several performers contacted the City to express concern with the ordinance.
6:27:04 p.m.
R9L Discussion Regarding Various Complaints Received As To The Inspection And Permitting
Process By The Life Safety Analyst.
(Requested By Commissioner Luis R. Garcia, Jr.)
ACTION: Discussion held.
Commissioner Garcia referenced complaints about the permitting process for new buildings and
remodeling as far as life safety issues. The complaint is violations found by one inspector can
sometimes be the direct opposite of what another inspector may find. He feels the expertise at
the fire prevention supervisory level is lacking.
Vice-Mayor Gross stated he met with Chief Jordan and shares Commissioner Garcia’s
concerns.
Chief Jordan stated as an example, when a mechanical contractor calls for an inspection of a
smoke evacuation system a plans analyst will show up and conducts the inspection. If the
inspection fails a list of deficiencies will be provided. If the general contractor requests an
inspection and If another plans analyst does the inspection to the same building, the inspector
will be looking at more issues than those requested by the mechanical contractor. This is where
the difference comes in. One inspector is called for a very specific inspection and the other is
called for a board range of inspections. The lists of deficiencies, in most cases, will be different.
Commissioner Garcia stated that his concern is the contradictory rulings. This happened with
the ballet.
Chief Jordan stated that another part of the problem is that plans analyst reviews plans which
are two-dimensional; actual construction is three-dimensional. In addition, the plans analyst
reviews the plans for two hours. Another reason is the phase of construction. The building may
be 25% complete. On the next inspection the building is 50% complete. The inspector has an
opportunity to see more of the building, which may contain deficiencies. Another reason is
design changes. Change orders may affect the fire code.
Vice-Mayor Gross stated that there is lack of continuity in the Fire Marshal position in the Fire
Department. He asked to find ways in which to ensure that there is continuity in this position
and ways to encourage a candidate with strong capabilities to stay in that position.
Chief Jordan explained that the Fire Marshal takes the same course that a fire inspector takes.
The plans analysts have much more training and expertise.
Commissioner Garcia stated that the Fire Prevention Bureau has people supervising who are
less qualified than the people they are supervising. Life safety issues have a lot of gray areas.
Commissioner Smith stated that he has heard this issue before he became a Commissioner and
stated someone suggested that perhaps one inspector should be assigned to a particular
building to avoid contradiction.
Chief Jordan stated that the Fire Department is preparing a set of recommendations to improve
the process and reduce the complaints. This will be submitted to the City Manager.
Commissioner Smith added that there are a lot of concerns from the community about
inspectors missing their appointments and inquired about the probabilities of conducting
inspections during weekends.
Chief Jordan replied that the Fire Department has a weekend inspection program, which has
been in place for about four weeks. He would like to create a new position to supervise the
plans examiners by creating a Plans Examiner II position. This will be done through the budget
process.
Commissioner Garcia asked if the Fire Department was providing a punch list. Captain De
Grange stated that punch lists are given for all inspections. He is not sure if punch lists are
always signed by the responsible party, but he will make the recommendation. Chief Jordan to
handle.
R10 - City Attorney Reports
R10A Notice Of 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 20, 2002 In The City Manager's
Large Conference Room, Fourth Floor, City Hall, To Discuss Settlement Issues Of The
Following Case:
Carmen Patterson And Michael Somberg, Vs. City Of Miami Beach. Eleventh Judicial Circuit,
General Jurisdiction, Case No. 97-22879 CA 25
The Following Individuals Will Be In Attendance: Mayor David Dermer; Members Of The
Commission: Matti Herrera Bower, Simon Cruz, Luis R. Garcia Jr., Saul Gross, Jose Smith And
Richard L. Steinberg; City Attorney Murray H. Dubbin, City Manager Jorge M. Gonzalez, Senior
Assistant City Attorney Kelli Cohen And Special Counsels Denise Heekin, Esq. And James
Crosland, Esq.
ACTION: Announced and held.
*********************************************************************************
City Clerk's Note: 05/17/02 re: (Transcript received 03/26/02, See above..
The transcript is not subject to public disclosure. See City clerk's locked filing Cabinet. ( Closed
Executive Session Temp 84 )
Returned to the Legal Department October 11, 2002
Received back from Legal 12/17/02
*********************************************************************************
R10B Notice Of 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 20, 2002 In The City Manager's
Large Conference Room, Fourth Floor, City Hall, To Discuss Pending Litigation On The
Following Cases:
West Side Partners, Ltd., A Florida Limited Partnership; East Coastline Development, Ltd., A
Florida Limited Partnership; 404 Investments, Ltd., A Florida Limited Partnership; Azure Coast
Development, Ltd., A Florida Limited Partnership; Beachwalk Development Corporation, A
Florida Corporation; Portofino Real Estate Fund, Ltd., A Florida Limited Partnership; St. Tropez
Real Estate Fund, Ltd., A Florida Limited Partnership; And Sun & Fun, Inc., A Florida
Corporation, Vs. City Of Miami Beach, A Florida Municipal Corporation. Eleventh Judicial
Circuit, General Jurisdiction, Case No. 98-13274 CA-30.
East Coastline Development, Ltd. Vs. City Of Miami Beach, Florida, A Political Subdivision Of
The State Of Florida And Jerry Blair. Circuit Court Of The Eleventh Judicial Circuit Of Florida,
Appellate Division, Case No. 01-335AP
East Coastline Development, Ltd., A Florida Limited Partnership Vs. City Of Miami Beach, A
Florida Municipal Corporation. Circuit Court Of The Eleventh Judicial Circuit Of Florida, General
Jurisdiction Division, Case No. 01-26231 CA 32 (Removed To US Dist. Court, So. Dist. Of Fla.
Case No. 01-4921 CIV-MORENO)
East Coastline Development, Ltd., A Florida Limited Partnership, And Catherine F. Colonnese,
A Registered Voter In The City Of Miami Beach, Florida, Vs. City Of Miami Beach, A Florida
Municipal Corporation. Circuit Court Of The Eleventh Judicial Circuit Of Florida, General
Jurisdiction Division, Case No. 01-25812 CA 30 (On Appeal In Third District Court Of Appeal
Case No. 3DOI-3350)
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, Deputy City
Attorney Robert Dixon, Deputy City Attorney Jean Olin, First Assistant City Attorney Debora
Turner, First Assistant City Attorney Gary Held, Special Counsels Richard Ovelmen And Dan
Paul.
ACTION: Announced and held.
*********************************************************************************
City Clerk's Note: 05/17/02 re: (Transcript received 03/26/02, See above..
The transcript is not subject to public disclosure. See City clerk's locked filing Cabinet. ( Closed
Executive Session Temp 83 )
Returned to the Legal Department October 11, 2002
Received back from Legal 12/17/02
*********************************************************************************
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 Project Of The Existing Building And The Addition To
Fire Station No. 2.
(Capital Improvement Projects)
ACTION: Written report submitted.
D Status Report On The General Obligation Bond Funded Project For The Rehabilitation Of
Fire Station No. 4.
(Capital Improvement Projects)
ACTION: Written report submitted.
E Informational Report To The Mayor And City Commission, On All Existing City Contracts For
Renewal Or Extensions In The Next 180 Days, Which By Their Terms Or Pursuant To Change
Orders Exceed $25,000.
(Procurement)
ACTION: Written report submitted.
8:41:56 p.m.
F Status Report On Dialogue With RDP Royal Palm Crowne Plaza.
(City Manager’s Office)
ACTION: Written report submitted. Commissioner Cruz gave a verbal report.
Jorge Gonzalez, City Manager, reported that the Administration, Commissioner Cruz, Mr.
Peebles and his representatives are still meeting and discussing the issues. As of early this
week the City has received a written proposal from Mr. Peebles.
Commissioner Cruz stated that he has met twice on this issue. Some basic parameters were
established. Mr. Peebles put forth a list of items and options for the City to consider. The City
did not believe the list of items and options was the proper way to proceed. Mr. Peebles has
since submitted a new list of talking points and options.
Mr. Sylvester Lukis spoke.
Commissioner Cruz asked the City Manager to circulate the summary the City has prepared
and the two (2) proposals submitted by Mr. Peebles. He also stated that if any Commissioner
had any suggestions or ideas to submit them to the City Manager.
Vice-Mayor Gross stated that the City should resolve all of the outstanding issues at one time
rather than piece meal.
Jorge Gonzalez, City Manager, stated that it is difficult to put a time frame on discussions. It is
important for him not to have a clock on this. Mr. Peebles is working diligently and in good faith.
Vice-Mayor Gross stated that the City is not receiving any rent and suggested that Mr. Peebles
start paying rent.
Commissioner Cruz added that the City is not negotiating but only having discussions on the
issue, and it is a very complex situation.
End of Regular Agenda
Miami Beach Redevelopment Agency
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
March 20, 2002
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
Assistant Director Christina M. Cuervo
Assistant Director Mayra Diaz Buttacavoli
General Counsel Murray H. Dubbin
Secretary Robert E. Parcher
AGENDA
ROLL CALL: All members present.
OLD BUSINESS
10:23:00 a.m.
A Report Of The Itemized Revenues And Expenditures Of The Miami Beach Redevelopment
Agency For The Month Of January 2002.
ACTION: Written report submitted.
10:23:00 a.m.
B Anchor Shops And Parking - Monthly Report On Parking Operations, Month Of January
2002.
ACTION: Written report submitted.
NEW BUSINESS
A. A Resolution Of The Chairman And Members Of The Miami Beach Redevelopment Agency
Approving In Concept An Assignment Of Lease From Flagler System Management, Inc., To
CDP Capital/Montreal Mode Investissements, In Connection With Suite "B/C” In The Anchors
Shops At South Beach.
ACTION: Resolution No. 411-2002 adopted. Motion made by Commissioner Bower;
seconded by Commissioner Smith; Voice-vote: 7-0. Christina Cuervo to handle.
City Clerk's note: 6/20/02 - Montreal Mode Inc. is the sole beneficiary of a trust named "Fiducie
Plage Sud", a trust that has been duly registered in Quebec, Canada. In turn , this trust is the
sole shareholder of the Floridian company newly constituted under the name "1560 Collins
Ave., Inc.". See Letter from De Grandpre Chait to Kent Bonde, Dated June 13, 2002.
10:24:28 a.m.
B. A Resolution Of The Chairman And Members Of The Miami Beach Redevelopment Agency
Accepting The Recommendation Of The Executive Director Of The Redevelopment Agency
Pertaining To The Ranking Of Qualifications Received Pursuant To Request For Qualifications
(RFQ) No. 57-00/01, For Providing Professional Engineering, Landscaping And Architectural
Services For Design And Implementation Of Phase II Of The South Pointe Streetscape
Improvements Project; Authorizing The Administration To Enter Into Negotiations With The
Top-Ranked Firm Of Wolfberg Alvarez, And Should The Redevelopment Agency Staff Not Be
Able To Negotiate An Agreement With The Top-Ranked Firm; Authorizing The Staff To
Negotiate With The Second-Ranked Firm Of Bermello, Ajamil And Partners, And Should The
Staff Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Further
Authorizing The Staff To Negotiate With The Third-Ranked Firm Of Edaw. Joint City
Commission And Redevelopment Agency.
ACTION: Item heard in conjunction with item R7B. Resolution No. 412-2002 adopted.
Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice vote: 7-0. Tim
Hemstreet to handle.
Tim Hemstreet gave an overview of the item.
Vice-Mayor Gross wants to make sure that none of the people who are being awarded the
contract have made contributions within the last 12 months as provided under the vendor
ordinance. Gus Lopez to handle.
Vice-Mayor Gross stated that he understands that the City Attorney's Office has taken the
position that it's only the prime contractor who is being awarded the contract that is subject to
the vendor ordinance.
Murray Dubbin, City Attorney, explained the Legal Department's interpretation of joint ventures.
For example, an architect/engineer who is awarded a contract pursuant to an RFP and has put
together a joint venture with maybe five, six, seven or eight other architect/engineers,
sub-engineers, or other sub-professionals. The Legal Department interrupts the Vendor
Ordinance to define the vendor, in this case, as the joint venture, in its entirety. Any particular
member of that joint venture that does not have financial control over the joint venture would not
be considered a vendor under the ordinance.
Commissioner Smith stated that he is proposing amendments to the Vendor Ordinance to
address the issue being raised. It is not his intent that controlling interests be defined so that a
vendor needs 51% of controlling interest in order to be deemed a vendor. There is an item on
this Agenda which, if approved, will lower the percentage to 10%. Therefore, anyone who has
10% or more in a venture would be considered a principle.
10:32:04 a.m.
C A Resolution Of The Chairman And Members Of The Board Of The Miami Beach
Redevelopment Agency Appropriating Funds, In The Amount Of $20,978, From The City Center
Tax Increment Funds, And Approving Amendment No. 4, To The Architectural And Engineering
Agreement With Robert A. M. Stern Architects For The Cultural Campus/ Regional Library
Project, For Additional Services, In The Amount Of $20,978, To Complete The Conceptual
Design For The Renovation Of The Existing Rotunda Building At Collins Park Under The Terms
Of The Approved Master Plan. Joint City Commission And Redevelopment Agency.
ACTION: Item heard in conjunction with item R7C. Resolution No. 413-2002 adopted.
Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice vote: 7-0.
Tim Hemstreet to handle.
City Clerk's note: Before signing the agreement make sure that the scope of services regarding
meetings has been clarified.
Tim Hemstreet gave an overview of the item.
Vice-Mayor Gross stated that the write-up by the Administration is at odds with the proposal by
Mr. Stern relative to the scope of services. In the proposal it states that he will attend one (1)
community meeting. The write-up states there will be a series of meeting, a community
workshop, a charette and other things. He suggested clarifying this and either change the write
up or amend Mr. Stern's proposal.
Jorge Chartrand explained the discrepancy. The agreement will be modified before it is signed.
Jorge Chartrand to handle.
Commissioner Smith requested clarification on the issue of paying the architect $20,000 for a
sketch, which if the City Commission approves, would cost an additional $100,000 for
construction drawings when the City does not have funding. Commissioner Smith understood
that the rotunda was going to be moved to another site.
Jorge Gonzalez, City Manager, explained that while doing the Collins Parks Cultural Campus
designs some commitments or thoughts were given to preserving the rotunda as historic and
making it a multi-use black box type of facility. This area is within the City Center RDA so
funding could come from RDA funds. This has been discussed already at a Finance and
Citywide Projects Committee meeting. The cost is not known at this time.
Jorge Chartrand added that the plan is to keep the rotunda where it is.
Christina Cuervo stated that last Tuesday, March 12 was the soft opening of Fuddruckers’
Restaurant on 16th Street and Washington Ave.
Meeting adjourned at 9:00:50 p.m.
End of RDA Agenda
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City Clerk's Note 03/15/2002: RE: LTC 60-2002 dated March 8, 2002, transmitting the Mayor's
Blue Ribbon Tourism Task Force Report - There is a City Commission Workshop scheduled for
Friday, April 5, 2002 to formally submit the above mentioned report to the City Commission
Copy of the document is filed in the City Clerk's file ref #317 - March 15, 2002.
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City Clerk's Note 03/15/2002: RE: Letter from M. Celeste Vossmeyer, VP Government
Relations, Charter Communications, to Jorge Gonzalez, City Manager, dated February 22,
2002, RE: Notice of Revised Late Fee Implementation
Copy of the document is filed in the City Clerk's file ref #316 - March 15, 2002.
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City Clerk's Note 03/14/2002: RE: Fourteenth 14th Street Park Construction and Escrow
Agreement, undated between Zom South Beach and the City of Miami Beach,
cross reference: Waverly, Design Review board order, Robert Mathias
Copy of the document is filed in the City Clerk's file ref #315 - March 14, 2002.
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City Clerk's Note 03/08/2002: RE: Document State of Florida. Department of Transportation,
Special Permit - Park One Parking Garage Location of Construction 1027 - 1041 Collins
Avenue
Copy of the document is filed in the City Clerk's file ref #314 - March 8, 2002.
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City Clerk's Note 03/07/2002: RE: Miami Beach Fire Department History of Fire Chiefs.
Information source Historic Designation of the 69th Street Fire Station, aka Fire Station No. 4,
page 7. Since the Miami Beach Fire Department was founded in 1920, the following persons
were appointed as Fire Chief: J.S. Stephenson (1920-1943), D.C. Kennett (1943- 1967), Hubert
Albritton (1967-1972), Albert Bishop (1973-1979), Homer Goltzene (1979-1982), Edward
Walterman (1982 -1985), Braniard Dorris (1985-1994), Thomas Sullivan (1994-1996), Luis R.
Garcia, Jr. (1996-1999) Note: was also elected as a Miami Beach City Commissioner, and
Floyd Jordan (1999 to present)
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City Clerk's Note 03/05/2002: RE: Concurrency Management. Letters from Cede Davis, and
Joseph Johnson, III, AICP, Transportation/Concurrency Management Director. (See Agenda
items 2/20/02 R7B and R6B)
Copy of the document is filed in the City Clerk's file ref #313 - March 5, 2002.
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City Clerk's Note 03/04/2002: Letter from Cathy Colonnese, Portofino Group, to Christina
Cuervo, Assistant City Manager, dated March 1, 2002, RE: Alternative Portofino DRI - Annual
Report. Pursuant to the Condition 7.C.2 of the Alternative Portofino DRI Development Order
(Miami Beach Ordinance No. 98-3121), enclosed please find the Annual Report for the reporting
period of March 1, 2001 through February 28, 2002. Enclosed is a copy of the Official Check in
the amount of $96,276.16. Documents attached to the letter are: Form RPM-BSP-ANNUAL
REPORT -1, Section Seven Regional Impacts, and recorded copy of the Third Declaration of
Allocation of Development Limitations.
Copy of the document is filed in the City Clerk's file ref #312 - March 4, 2002.
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City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive