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AFTERACTION
November 10, 2004
City of Miami Beach
City of Miami Beach - City Commission Meeting

Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
November 10, 2004
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Mayor David Dermer
Vice-Mayor Simon Cruz
Commissioner Matti Herrera Bower
Commissioner Luis R. Garcia, Jr.
Commissioner Saul Gross
Commissioner Jose Smith
Commissioner Richard L. Steinberg
City Manager Jorge M. Gonzalez
City Attorney Murray H. Dubbin
City Clerk Robert E. Parcher
Visit us on the Internet at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of
all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City
Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections
on lobbyists laws are available in the City Clerk's Office. Questions regarding the provisions of the Ordinance
should be directed to the Office of the City Attorney.
PA1
PA2
PA3
PA4
PA5
PA6
Certificate of Appreciation/Eugene Woodard, Budget Advisory Committee Member.

Certificate of Appreciation/Members of the Budget Advisory Committee.
Introduction & Acknowledgement of Rescuers in the Ring 2004 Volunteer Boxers. (Dermer)
Certificate of Appreciation/Ritz Plaza Hotel.
Recognition of the CMB Goodwill Ambassadors Who Worked on Election Day.
New Item: Proclamation/Miami Design Preservation League for their Anniversary. (Dermer)
CONSENT AGENDA
C2A
C4A
C4B
C6A
C6B
C6C
BA 43-03/04, Purchase/Install Film Projection System for the Byron Carlyle Theater, $79,010.
Ref: Finance & Citywide Projects Committee - Agreement for Federal Legislative Services.
Ref: Historic Preservation Board - Include 63rd St. Flyover in N. Beach Historic District. (Steinberg)
Report: Neighborhood/Community Affairs Committee Meeting of October 25, 2004.
Report: Finance & Citywide Projects Committee Meeting of October 26, 2004.
Report: G.O. Bond Oversight Committee Meeting of November 2, 2004.
C7A
C7B
C7C
C7D
C7E
C7F
C7G
C7H
C7I
C7J
C7K
Set Public Hearing, Demolish Existing Structures - Development of Altos Del Mar Park Project.
Set Public Hearing, Demolish Existing Restroom at 1401 Ocean Dr./Construct New Restroom.
Execute 2 Amendments, ROW Infrastructure Improvements Program Neighborhood Projects.
Set Public Hearing, Lease 1100 Washington Ave. to the Miami Police Federal Credit Union. 5/7
Support Initiative by MBCC, Design Competition for Replacement of Ocean Lifeguard Towers.
Execute (3) Lease Agreements w/ Not-For-Profit Cultural Entities, 1701 Meridian Avenue.
Set Public Hearing, Dev. Agreement w/ the New World Symphony, Surface Parking Lot.
Ratify Contract, Install Mosaic Tile Artwork on the 1000 Block Fountain on Lincoln Road.
Submit Grant Applications to Several Funding Agencies.
Accept Recommendation, Establish Resource Library for IT & Telecommunications Services.
Allocate Parks Beautification Funds, La Gorce Island Landscaping Project.
Prepared by the City Clerks Office

1
C:\Documents and Settings\compgarj\Local Settings\Temporary Internet Files\OLK87\aa111004.doc
AFTERACTION
November 10, 2004
City of Miami Beach
REGULAR AGENDA
R5A
R5B
R5C
R5D
R5E
R5F
R5G
R5H
R5I
R5J
11:00 a.m. 2nd Rdg, Open/Cont. Restrictions on Locations - Panhandling Prohibited. (Steinberg)
11:15 a.m. 2nd Rdg, Amend No. 789 Classified Employees Salary Ordinance.
11:16 a.m. 2nd Rdg, Amend No. 1605 Unclassified Employees Salary Ordinance.
11:17 a.m. 2nd Rdg, Amend No. 1335 Classified Employees Leave Ordinance.
11:18 a.m. 2nd Rdg, Amend No. 1613 Unclassified Employees Leave Ordinance.
11:30 a.m. 2nd Rdg, CCC, Civic & Convention Center District Regs. re: Required Parking. 5/7
5:01 p.m. 2nd Rdg, Establish Revised Standards for Parking Lot Setback Requirements. 5/7
5:05 p.m. 2nd Rdg, Interim Controls Amendment-Adopted Neigh. Conserv. District Enabling. 5/7
4:45 p.m. 1st Rdg, Temporary Parking Lots in the MXE Mixed Use Entertainment District. 5/7
10:50 a.m. 1st Rdg, Amend Name of Florida Sister Cities Program. (Dermer)
R7A
R7B
R7C
R7D
R7E
R7F
R7G
R7H
R7I
R7J
10:15 a.m. Open/Cont. Approve Vacation of Property on 5860 North Bay Road (Schindler). 5/7
10:15 a.m. Open/Cont. Approve Vacation of Property on 5900 North Bay Road (Harris). 5/7
10:15 a.m. Open/Cont. Approve Vacation of Property on 5480 North Bay Road (Donnelly). 5/7
10:30 a.m. Deny Revocable Permit for Masonry Wall at 320 S. Coconut Lane (Valero).
W-Execute Lease Agreement w/ Hazen & Sawyer, for 1701 Meridian Avenue. 5/7
Joint, Execute Agmt, Construct Beachfront Restroom Facilities on 21st, 46th, 53rd & 65th Streets.
Joint, Set Dates for the Year 2005 City Commission Meetings.
Execute Settlement, Sale Agreement for Citys Purchase of 1833 Bay Road.
Adopt Certificates of Results of the November 2, 2004 Special Election for CMB.
4:00 p.m. Accept Recommendation, Construction of South Pointe Park Improvement Project.
R9A
R9A1
R9A2
R9B1
R9B2
R9C
R9D
R9E
R9F
Board and Committee Appointments.

Nominate Marcelo Llorente to the Personnel Board. (Cruz)
Nominate Alex DeGasperi to the Personnel Board. (Gross)
1:30 p.m. Dr. Stanley Sutnick Citizens Forum.
5:30 p.m. Dr. Stanley Sutnick Citizens Forum.
Disc. Historic Designation Status of the 20th Street Monument. (Garcia)
Status Report on Closing Documents Between CMB, RDA & RDP Royal Palm Hotel.
Disc. Straw Ballot Question re: Baylink & 63rd Street Flyover. (Cruz)
Disc. Bay Link Video. (Garcia)
R10A
R10B
R10C
Noon Break, Notice of Closed Executive Session: Norman & Joan Cement vs. CMB.
Noon Break, Notice of Closed Executive Session: Status of CWA Negotiations.
Noon Break, Notice of Closed Executive Session: Micky Biss & USA Express, Inc. vs. CMB.
A
B
C
D
E
F1
F2
City Attorney's Status Report.

Parking Status Report.
Status Report on Fire Station No. 2.
Status Report on Fire Station No. 4.
Informational Report on Federal, State, County, U.S. Communities & All Existing City Contracts.
Minutes from Miami-Dade Homeless Trust Board Meeting of September 24, 2004. (Steinberg)
Minutes from MBTMA Board Meeting of September 20, 2004. (Bower)
REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.
2A
3A
3B
3C
3E
Report of Itemized Revenues/Expenditures of RDA for September 2004.

Joint, Appropriate Funds, Construct the Beachfront Restroom on 21st Street.
Joint, Set Dates for the Year 2005 Redevelopment Agency Meetings.
Execute Lease Agmt w/ ArtConnection International, Inc., for a Suite in Anchor Shops.
Reimbursement to the Courts at South Beach, Ltd., for Street Improvements.

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AFTERACTION
November 10, 2004
City of Miami Beach
Meeting called to order at 9:17:52 a.m.

Invocation given by Rabbi Shiftman, from the Hebrew Academy.
Pledge of Allegiance led by Assistant Police Chief Ray Martinez and City Clerk Robert Parcher in
commemoration of the Marines Corps 229th birthday.
Times based on the digital recording in the City Clerks Office
Supplemental Materials:
C7H (Resolution), C7I (Resolution), C7K (Resolution), R7E (Lease Agreement), R7H (Resolution), R7I
(Certificate of County Canvassing Board).
Motion made by Commissioner Bower; seconded by Commissioner Gross to add as emergency item the
issue of the Villa Maria and the Coral Rock House; Voice vote: 7-0.
PA - Presentations and Awards
9:21:26 a.m.
PA1 Certificate Of Appreciation Presented To Eugene Woodard For His Outstanding Service As A
Member Of The City Of Miami Beach Budget Advisory Committee.
(City Managers Office)
ACTION: Certificate presented.
Commissioner Gross stated that the community is going to suffer a great loss. He explained that
Eugene became an activist over the noise issue trying to create a balance between the residents and
the businesses conductions or special events on Ocean Drive; he was also active in the Chamber of
Commerce representing the citizens on the board and was a very sensible member of the Budget
Advisory Committee. Because of his new job, Gene will be commuting between Toronto and Miami
Beach and their gain is the Citys loss. Commissioner Gross stated that Gene deserves to be
recognized not only for his work on the Budget Advisory Committee but also because he epitomizes
the new class of residents moving to Miami Beach.
Mrs. Jan Woodard stated that her husband enjoyed being involved in government, and even thought
he enjoys being back in the corporate world, he will miss all the good people he had been involved
with in Miami Beach. She accepted the Certificate on his behalf.
9:25:29 a.m.
PA2 Certificates Of Appreciation Presented To The Members Of The Budget Advisory Committee.
ACTION: Certificates presented to Basil Vasiliou, David Heller, Eugene Woodard, Fred Berens, Jack
Benveniste, Jeryl (Deede) Weithorn, Jonathan Fryd, Marc Jacobson, and Marc Gidney.
Mayor Dermer stated that the Budget Advisory Committee is one of the hardest working committees
in the City. He thanked the entire committee for their hard work. He recognized Ms. Weithorn for her
leadership, especially during the union negotiations. He stated that it has been a pleasure and a
privilege to have worked with them and for the great advice such as the millage for maintenance
adopted recently.
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AFTERACTION
November 10, 2004
City of Miami Beach
Jorge Gonzalez, City Manager, stated that this committee has volunteered countless hours and are
always ready to take new financial challenges. He read the names of the committee members into
the record.
9:31:25 a.m.
PA3 Introduction And Acknowledgement Of Rescuers In The Ring 2004 Volunteer Boxers.
(Requested by Mayor David Dermer)
ACTION: Acknowledgement given.
Mayor Dermer stated this is the third year of this charity boxing event. This is an exciting event and
now has been extended to other departments with the proceeds going to a worthy cause. This event
will take place November 20, and he encouraged everyone to attend.
Trevor Cedar thanked the Mayor for this popular event and stated that this year there are more
sponsors. He thanked the participants especially the repeat fighters. He stated that this event is
successful due to the hard work of the participants.
Mayor Dermer thanked Trevor Cedar and South Florida Boxing for donating their time, the facility and
the trainers to this event.
Elizabeth Stadtlander from the Mayors Office stated that this year there are twice as many sponsors
and twice as many volunteers participating. She explained that this is an expensive event and she
thanked the community for their support throughout the years. She thanked all the sponsors, the
Fraternal Order of Police (FOP), the Communications Workers of America (CWA), The Miami Beach
Fire Union (IAFF), The Clevelander Hotel, Finnegans Way Restaurant, The SunPost, and new media
sponsor, 103.5 F.M. (Miamis number one Hip Hop station) that will be doing a ticket give-away, the
Boucher Brothers, Southern Wine and Spirits, and the two main sponsors this year; The National
Hotel and Webdate.
Elizabeth Stadtlander from the Mayors Office read the names of the participants.
Miami Beach Police Department: Paul Acosta, Alex Carulo, Gene Rodrguez, and Jimmy Gotsis.
MIA Police: David Magnusson, and David Patton.
Miami Beach Fire Department: George LeDon, Eric Rodriguez, and Charleton Price.
Homestead: Jose Rosa, Jon Manguel, and Pierre Skinner.
Miami Beach Patrol: Carlos Vago, Bill Boyle, Robert Vento, Alfredo Zuberon, Shawn Kouri, Keith
Keyes, JC Martinez, and Eric Rank.
Coast Guards: David Allen, David Fuentes, Alex Murphy, Phidias Edoh, Joe Klinker, and Scott Reed.
Mayor Dermer congratulated City of Miami Beach Police Officer, Luis Corps, who as a result of a
previous Rescuer In the Ring event became a professional boxer.
Luis Corps spoke.
Abe Smilowitz from Webdate spoke.
Handout or Reference Materials:
4
AFTERACTION
November 10, 2004
City of Miami Beach
1. Color poster titled Boxing a charity event, & Mayor David Dermer present Round 3 Rescuers In the
Ring, Miami Beach Convention Center Hall C, Saturday November 20th.
9:51:00 a.m.
PA4 Certificate Of Appreciation To Be Presented To The Ritz Plaza Hotel.
ACTION: Certificate presented.
Jorge Gonzalez, City Manager, stated that it is not often when there is an opportunity to welcome a
new corporate citizen to our City and to recognize a gesture that is significant, very much appreciated
and stated that he hopes they set the standard for future investors. He explained that Makar
Properties, LLC represented by Tom Mauri and Michael Gagnet recently purchased the Ritz Plaza
Hotel and will be making extensive renovations and they donated all of the existing furniture, all of the
outdoor furniture, all of the linens, appliances and all the supplies available to area homeless
providers. He stated that this donation was distributed with the coordination of Maria Ruiz,
Community Service Division Director; it reached the people that could benefit from this donation. The
following agencies benefited from this donation; Carrfour Supporting Housing, Harbor House
Transitional Housing, The Log Cabin, The Miami Rescue Mission, Mother Theresas Riverside
House, the Salvation Army in Miami and the Design and Architectural-Senior High Program. He
recognized and thanked Ariel Pereda for coordinating this effort.
Michael Gagnet spoke.
9:28:48 a.m.
PA5 Recognition Of City Of Miami Beach Goodwill Ambassadors Who Worked On Election Day.
ACTION: Certificates of Completion presented to Lisa Dixon, Mark Coolidge, William Arnold, Laurel
Perrero, Dania Granados, Mercedes Borges, John Benincasa, Lillian Beauchamp, Ricardo Guzman,
Scott Mutch, Christine Leduc, Kris Fritsche, Joy McGaughy, Susana Alonso, Phyllis Shamis, Dolores
Mejia, and Abel Saborit.
Jorge Gonzalez, City Manager, read their names and recognized their efforts. He explained that this
program started in May 2001 in an effort to reach and serve the community during special events.
He explained that the Goodwill Ambassadors were recruited for the Presidential Election. Usually
people get passionate during this type of elections and the Ambassadors did a fabulous job keeping
everything calm and making sure the elections process ran smoothly. He stated that there was a
special Goodwill Ambassador, Commissioner Matti Bower, who did a fabulous job. He added that
these volunteers are committed to the program and to the City of Miami Beach to make sure to show
the best Miami Beach has to offer.
New Item:
9:44:43 a.m.
PA6 Proclamation To Be Presented To The Miami Design Preservation League.
(Requested by Commissioner Matti Herrera-Bower)
ACTION: Proclamation presented and accepted by Bill Farkas, Executive Director of the Miami
Design Preservation League.
Commissioner Bower stated that the Art Deco District is celebrating its 25th anniversary. She stated
that she was lucky to be a part of it and the Miami Design Preservation League (MDPL) was the
organization that made it possible. She stated that Barbara Capitman along with Leonard Horowitz
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AFTERACTION
November 10, 2004
City of Miami Beach
were the visionaries for this effort and passed on the vision to many people since then. She stated
that this recognition is for the efforts of maintaining 800 Art Deco buildings in Miami Beach.
Commissioner Gross echoed Commissioner Bowers sentiments and stated that a recent edition of
the SunPost in collaboration with the MDPL for the 25th anniversary was a very special edition. He
added that the issue of the impending demolition of the Coral Rock House declared unsafe needs to
be addressed.
Bill Farkas, representing the MDPL, accepted the proclamation on behalf of the members of the
Miami Design Preservation League (MDPL) and the Board of Directors He thanked Jorge Gonzalez,
City Manager, on behalf of MDPL for shepherding the $5 million dollar renovation into the County G.
O. Bond issue and stated that he hopes soon the 10th Street Auditorium will be renovated into a first
class facility.
Commissioner Garcia invited Mr. Farkas to stay for the discussion of the historical designation of the
28th Street Monument.
1. Copy of City of Miami Beach Proclamation presented to Miami Design Preservation League on its 25th
anniversary.
2. Black &White Copy of photograph of the Coral Rock House circa 1918, 904 Collins Avenue.
3. Color front cover of the SunPost Newspaper, dated November 4, 2004, titled The Official
Commemorative Issue for the 25th Anniversary of the Art Deco District.
CONSENT AGENDA
ACTION: Motion made by Commissioner Smith to approve the Consent Agenda; seconded by
Commissioner Garcia; Voice vote: 6-0; Absent: Vice-Mayor Cruz.
9:57:36 a.m.
New Item:
Mayor Dermer commended Commissioner Steinberg for his efforts in getting the voters of Miami
Beach out to vote. Miami Beach had an enormous turnout. He extended congratulations on behalf
of the City to all the individuals who won. He congratulated State Representatives Dan Gelber, Gus
Barreiro, and Dorothy Bendross-Mindingall, the new County Mayor Carlos Alvarez, the new school
Board member Dr. Martin Karp, our new Congresswoman Debbie Wasserman-Schultz (north part of
the Beach), Congresswoman Ileana Ros-Lehtinen (south part of the Beach), United States Senator
Mel Martinez, State Senator Gwen Margolis and a special congratulation to our President George W.
Bush.
Commissioner Steinberg thanked Jorge Gonzalez, City Manager, and the Administration particularly
for the early voting incentives (coupons, Electrowave shuttle rides, and one-hour free parking at the
17th Street garage). The City of Miami Beach significantly outperformed the rest of the County in
voter turnout and attributed this to the initiatives. He also thanked the media, especially the SunPost
and The Miami Herald for promoting this effort.
Mayor Dermer thanked the Supervisor of Election, Constance Kaplan, for a job well done. He stated
that from what he saw it was a very efficient and well run election.

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AFTERACTION
November 10, 2004
City of Miami Beach
C2 - Competitive Bid Reports

C2A
Request For Approval To Award A Contract To Magna-Tech Electronic Company, Pursuant To

Invitation To Bid No. 43-03/04, For The Purchase And Installation Of A Film Projection System For
The Byron Carlyle Theater, In The Amount Of $ 79,010 Of Which $25,981 Will Be Reimbursed From
Two (2) Miami-Dade County Department Of Cultural Affairs Grants.
(Tourism & Cultural Development)
ACTION: Award authorized. Max Sklar to handle.
C4 - Commission Committee Assignments
C4A
Referral To The Finance And Citywide Projects Committee - A Discussion On The Professional
Services Agreement For Federal Legislative Services.
(Economic Development)
ACTION: Referred. Patricia Walker to place on the committee agenda. Christina Cuervo to handle.
9:56:35 a.m.
C4B Referral To The Historic Preservation Board Regarding The Inclusion Of The 63rd Street Flyover In
The Newly Created Historic District In North Beach.
(Requested by Commissioner Richard L. Steinberg)
ACTION: Item not Referred. Item separated for discussion by Commissioner Steinberg. Motion
made by Commissioner Steinberg to refer the issue; seconded by Mayor Dermer for discussion;
Ballot vote: 2-4: Opposed: Commissioners Bower, Garcia, Gross and Smith; Absent: Vice-Mayor
Cruz.
Motion made by Commissioner Steinberg to refer the issue; with no second offered, Mayor Dermer
seconded the motion to allow for discussion.
Commissioner Steinberg stated that he would like the Historic Preservation Board to look into this
matter and make a determination to see if the 63rd Street Flyover is worth preserving or not.
Commissioner Gross suggested that Mayor Dermer and Commissioner Steinberg meet with the
Governor and FDOT to evaluate options on this issue. He stated that unless people at a higher level
are willing to override the safety issue, the City is wasting time trying to designate it as historic. He
explained that trying to designate the Flyover as historic is not the way to go; the political route
should be attempted first.
Commissioner Smith suggested considering the other alternatives presented by FDOT years ago
since some of those options were better but FDOT did not want to spend more money.
Mayor Dermer stated that until the will of the Commission changes the item is left on hold.
1. Article in Section B, Metro & State of The Miami Herald. Headline reads: MIAMI BEACH: 63rd Street
flyover is at center of historic flap, written by Nicole White, dated Sunday, November 7, 2004.
2. Ballot

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AFTERACTION
November 10, 2004
City of Miami Beach
C6 - Commission Committee Reports

C6A
Report Of The Neighborhood/Community Affairs Committee Meeting Of October 25, 2004: 1)

Discussion Regarding An Ordinance Regulating Swales.
ACTION:
Item No. 1:
Prior to taking the swale policy to the neighborhood homeowners associations for discussion, the
Administration will bring the item back to the Neighborhood/Community Affairs Committee with
recommended changes. Robert Middaugh to handle.
C6B
Report Of The Finance And Citywide Projects Committee Meeting Of October 26, 2004: 1)
Discussion Regarding The Proposed A.I. Boymelgreen Project At Fifth Street And Alton Road; 2)
Discussion Regarding The Park Design Component Of The New World Symphony And City Of Miami
Beach Development Agreement; 3) Discussions Regarding Funding Assistance For Miami Beach
Community Health Center Initiatives Which Provide Medical And Nursing Care To Needy Children At
Miami Beach Public Schools; 4) Amended at the Commission Meeting - Discussion Regarding
The Proposed City Of Miami Beach And Potamkin/Berkowitz Joint Venture; And 5) Discussion
Regarding Funding For Lincoln Road Marketing, Inc.
ACTION:
Item No. 1:
The Committee instructed the Administration to execute an Owners Affidavits for the sole purpose of
a Design Review Board (DRB) Design Review Application, with the understanding that said Owners
Affidavits does not constitute an endorsement of the proposed project or a recommendation for the
vacation and relocation of the public alley located on the site.
The Committee further recommended that the developer proceed with their DRB application for the
demolition of the two existing one story buildings, and the construction of a new eight story mixed-use
retail and residential structure and report back to the Finance and Citywide Projects Committee with
the results of the DRB review and for the consideration of the alley vacation and relocation.
Christina Cuervo to handle.
Item No. 2:
The Committee recommended that the current Development Agreement between the City and NWS
be amended in order to expand the scope of the agreement to authorize the development of City
Center Park. Christina Cuervo to handle.
Item No. 3:
The Committee instructed the Administration to speak with representatives from the Health Facilities
Authority (HFA) and the Health Advisory Committee (HAC) in order to discuss funding options for
citywide health related issues. Patricia Walker to handle.
Item No. 4:
Amendment to the Report:
Page 22 - Replace 1st paragraph with: Commissioner Gross suggested a reduction in the number of
space which would result in reduced financial requirement in addition to reducing the size and
massing of the building so that it is more in context with the neighborhood. End of Amendment.
The Committee accepted the Administrations recommendation to fund the proposed project; and,
should Federal Transit Authority (FTA) funds not be available for the project, fund the project with
available South Pointe Tax Increment Funds and/or available City of Miami Beach Parking Funds.
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AFTERACTION
November 10, 2004
City of Miami Beach
The Committee also directed the Administration to proceed with and finalize the proposed City of
Miami Beach and Potamkin/Berkowitz Joint Development Opportunity and bring back the completed
agreement to the City Commission. Christina Cuervo to handle.
Item No. 5:
The Committee accepted the Administrations recommendation to appropriate the available $116,384
in Lincoln Road Concession Revenues to LRMI for the purpose of marketing Lincoln Road as a
destination; and, instructed LRMI to develop and present a multi-year budget for how this allocation
will be expended. Christina Cuervo to handle.
C6C
Report Of The General Obligation Bond Oversight Committee Meeting Of November 2, 2004: 1)
Contingency Report; 2) Recommendation To City Commission: A) Normandy Sud Additional A/E
Services; 3) Project Status Report: A) Fire Station No. 2; B) Fire Station No. 4; C) Normandy Isle
Park And Pool; D) Indian Creek Greenway; E) Allison Park; F) North Beach Recreational Corridor; G)
Normandy Drive/71st Street Corridor; And 4) Informational Items: A) Updated Calendar Of Scheduled
Community Meetings; B) Biscayne Point RFQ For Design, Bid/Award, Construction Administration.
ACTION:
Item No. 1:
The Administration informed the Committee that one new change order had been approved since the
last meeting. A list of the change order approved to date is attached as Exhibit A. The
Administration informed the Committee that the list was still being updated to reflect all commitments
funded out of the project contingencies, as directed by the Committee at its October meeting.
Item No. 2:
The Administration asked the Committee to recommend that the City Commission award additional
services to Tetra-Tech WHS (TTWHS) in the amount of $58,220.00 from General Obligation Bond
funds for the Normandy Isle/Normandy Sud Right-of-Way Infrastructure Improvement project.
The scope of work associated with the additional services includes designing landscaping, uplighting, medians and pavers due to the related guard house project not being approved. The
Committee recommended that the City Commission award the additional services. See Agenda item
C7C.
Item No. 3A:
The Administration informed the Committee that the Fire Station No. 2 project is moving along as
planned. The drainage work is almost complete, the Administration is continuing developing the
plans for temporary parking and other pre-construction activities. Work on the fire station itself will
begin shortly.
Item No. 3B:
The Committee was told that the construction of the seawall portion of the Fire Station No. 4 project
was underway. The fire station portion will begin construction after the completion of the seawall.
Item No. 3C:

With regard to the Normandy Isle Park and Pool project, the Administration informed the Committee
that the Architect of Record (A/E) had provided the City with its final report reconciling the work
already in place at the Normandy Isle Pool project site that can remain, as opposed to what has to be
re-built and what is still to be constructed, as a result of the default of Regosa Engineering, the
contractor for the project. The report is being provided to Regosas surety company to begin
negotiations, as well as to a JOC contractor to obtain independent pricing in case negotiations with
the surety fall through. The Administration intends to have the park portion of the project under
construction at the same time as the remainder of the pool portion. It is estimated that work on the
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AFTERACTION
November 10, 2004
City of Miami Beach
pool portion will resume in the late winter or early spring of 2005. The Administration also presented
the Committee with its plans to move forward on obtaining sufficient funding for the soccer and multipurpose field improvements in the Park. The City will be applying for a Florida Recreation
Development Assistance Program (FRDAP) grant for components of the Park portion. The
Committee provided its support for such an application.
Item No. 3D:
The Administration informed the Committee that the Indian Creek Greenway project feasibility
study is underway. The consultant will meet with numerous regulatory agencies, including the
Florida Department of Transportation, the South Florida Water Management District and the
Department of Environmental Projection to determine the impact of their respective requirements
on the proposed Greenway project. Surveys will be conducted to determine the amount of land
available to build on and the existing marine life conditions in the proposed area of construction.
It is estimated that this first phase of the project will not be completed until the fall of 2005.
Item No. 3E and F
The Administration briefed the Committee on the latest status of the Allison Park and North Beach
Recreational Corridor projects. The City is working with the Florida Department of Environmental
Protection regarding permitting issues. The project is approximately 30% designed. Once the
permitting issues are resolved the project design should progress more quickly. It is anticipated that
construction will begin in the summer of 2005.
Item No. 3G:
The Administration deferred a status report on the Normandy Drive/71st Street Corridor project
until the December Committee meeting.
Item No. 4A:
The updated calendar of community meetings was presented to the Committee, but not reviewed
during the meeting.
Item No. 4B:
The Committee was informed that at its October 13, 2004 meeting, the City Commission authorized
the Administration to issue a Request for Qualifications (RFQ) for an A/E firm to perform design,
bid/award and construction administration services for the Biscayne Point Right-of-Way
Infrastructure Improvement project.
See Resolution 2004-25726.
C7 - Resolutions
C7A
A Resolution Setting A Public Hearing Pursuant To Miami Beach City Code Section 118-563 To
Grant A Certificate Of Appropriateness For Demolition Of The Existing Structure Located At 7601
Atlantic Way And 7611 Collins Avenue, Respectively; Both Structures Designated As Single Family
Contributing Structures In The City Of Miami Beach Historic Properties Database And Located Within
The Harding Townsite/Altos Del Mar Local Historic District; Said Demolition Necessary In Order To
Proceed With The Development On The Same Site Of The Altos Del Mar Park Project.
(Capital Improvement Projects)
ACTION: Resolution No. 2004-25729 adopted. Public Hearing scheduled for December 8, 2004.
R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Tim Hemstreet to handle.

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AFTERACTION
C7B
November 10, 2004
City of Miami Beach
A Resolution Setting A Public Hearing Pursuant To Miami Beach City Code Section 118-563, To
Grant A Certificate Of Appropriateness For Demolition Of An Existing Restroom Facility Located At
1401 Ocean Drive, In Order To Construct A New Restroom Facility At The Same Site.
R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Tim Hemstreet to handle.
C7C
A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Two Amendments To
The Professional Landscape Architectural And Engineering Services Agreement Between The City
Of Miami Beach, Florida And Williams, Hatfield & Stoner, Inc., D/B/A Tetra-Tech WHS, Dated July
18, 2001: Amendment No. 5, In A Not-To-Exceed Amount Of $50,000, For The Provision Of
Additional Professional Services, Necessary For The Replacement Of Additional Water Lines And
The Relocation Of Water Meters Within The Florida Department Of Transportation (FDOT) Right-OfWays; And Amendment No. 6, In A Not-To-Exceed Amount Of $58,220, For The Provision Of
Additional Professional Services, Necessary For The Design Of The Re-Planning Study Originated
By The Community Design Review Meeting Held On October 21, 2003, For The Right-Of-Way
Infrastructure Improvements Program Neighborhood No. 4 - Normandy Isle And Normandie Sud
Project; Further Authorizing The Reallocation Of Previously Appropriated Funds For Construction, In
A Not-To-Exceed Amount Of $50,000, From The Neighborhoods Water And Sewer Bond Funds, For
The Services Included In Amendment No. 5 And In A Not-To Exceed Amount Of $58,220, From The
Neighborhoods General Obligation Bond Funds, For The Services Included In Amendment No. 6.
ACTION: Resolution No. 2004-25731 adopted. Tim Hemstreet to reallocate funds and handle.
C7D
A Resolution Setting A Public Hearing On December 8, 2004, Pursuant To The Requirements Of

Section 82-37 Of The Miami Beach City Code, To Hear Public Comment Regarding The Lease
Between The Miami Police Federal Credit Union And The City Of Miami Beach, Of Approximately
190 Square Feet Of City-Owned Property, Located At 1100 Washington Avenue, Miami Beach,
Florida, For An Initial Thirty Five (35) Month Term, Commencing On November 1, 2004, And Ending
On September 30, 2007; Further Consenting To The Negotiated Terms Presented Herein, Subject To
A Lease Agreement In A Form Acceptable To The City Attorney And Compliance With The
Requirements Of Section 82-36 Through 82-39 Of The Miami Beach City Code; Further Waiving By
5/7ths Vote The Competitive Bidding And Appraisal Requirements.
R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Christina Cuervo to handle.
C7E
A Resolution Supporting An Initiative By The Miami Beach Chamber Of Commerce (MBCC), Working
In Collaboration With The American Institute Of Architects (AIA), To Undertake A Design Competition
For Replacement Of Ocean Lifeguard Towers For The City Of Miami Beach.
ACTION: Resolution No. 2004-25733 adopted.

11
AFTERACTION
C7F
November 10, 2004
City of Miami Beach
A Resolution Authorizing The Mayor And City Clerk To Execute Three Lease Agreements Between
The City Of Miami Beach And The Following Not-For-Profit Cultural Entities: 1) Arts And Business
Council Of Miami, Inc., For The Use Of Approximately 280 Square Feet Of Office Space; 2)
Childrens Cultural Coalition Of Dade County, Inc., For The Use Of Approximately 280 Square Feet
Of Office Space; And 3) Florida Dance Association, Inc., For The Use Of Approximately 280 Square
Feet Of Office Space; All In Suite 402 Of The City-Owned Building, Located At 1701 Meridian
Avenue, Miami Beach, Florida; Each Lease Agreement For A Term Of Three Hundred Sixty Four
(364) Days, Commencing On February 1, 2005, And Ending On January 30, 2006.
ACTION: Resolution No. 2004-25734 adopted. Joe Damien to handle.
C7G
A Resolution Setting A Public Hearing On December 8, 2004, To Consider Approving On First

Reading, In Accordance With The Requirements Of Sections 163.3220 - 163.3243 Florida Statutes,
Also Referred To As The Florida Local Government Development Agreement Act, The First
Amendment To The Development Agreement Between The City Of Miami Beach And The New
World Symphony, Dated January 5, 2004, For The Development Of A Portion Of The Surface
Parking Lot, Bounded By 17th Street To The North, North Lincoln Lane To The South, Washington
Avenue To The East And Pennsylvania Avenue To The West, For Construction Of An
Approximately 50,000 Square Foot Educational, Performance And Internet Broadcast Facility With
An Exterior Screen (Soundspace), And An Approximately 320-Space (+/-) Public Parking Garage
Facility; Said Addendum Specifically Amending The Development Agreement, Requiring The
Developer To Proceed With The Design And Development Of Zone 1, Comprising The Park And
Drexel Avenue Between North Lincoln Lane And 17th Street, At The Owners Cost And Expense, Not
To Exceed $10,000,000; Zone 2, Comprising The Jackie Gleason Theater Of The Performing Arts
(TOPA) Entry Landscaping At The Owners Cost And Expense, Not To Exceed $1,150,000; And
Zone 3, Comprising North Lincoln Lane Improvements, At Owners Cost And Expense, Not To
Exceed $500,000.
R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Christina Cuervo to handle.
Supplemental Material: (Resolution)

C7H A Resolution Ratifying A Contract In The Amount Of $50,894 To Carlos Alves, For The Installation Of
Mosaic Tile Artwork On The Exterior Walls, Wall Caps, And Fountain Basin Of The Ornamental
Fountain Located At The 1000 Block Of Lincoln Road.
(Public Works)
ACTION: Resolution No. 2004-25736 adopted.

12
AFTERACTION
November 10, 2004
City of Miami Beach

C7I
A Resolution Authorizing The City Manager Or His Designee To Submit Grant Applications For The
Following Funds: 1) Retroactively For FY 2004/05 Florida Department Of Law Enforcement, Byrne
Grant Funds For The Citys E-Ticketing Initiative; 2) Retroactively For FY 2004/05 Urban Areas
Security Initiative (UASI) Program For Funding For The Joint Completion Of An Urban Areas Security
Initiative Program; 3) Miami-Dade County Parking Fine Funds For Various ADA Projects Citywide; 4)
The Environmental Protection Agency, Office Of Environmental Education For Funding For An
Environmental Education Program; While Leveraging Previously Appropriated Grant Funds As
Needed; Further Appropriating Grants If Approved And Accepted By The City And Authorizing The
Execution Of All Necessary Documents Related To These Applications.
(Grants Management)
ACTION: Resolution No. 2004-25737 adopted. Patricia Walker to appropriate the funds if
approved and accepted by the City. Judy Hoanshelt to handle.
C7J
A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Qualifications Received Pursuant To Request For Qualifications (RFQ) No. 21-01/02, For The
Establishment Of A Resource Library For Information Technology And Telecommunications Services;
Authorizing The Administration To Enter Into Negotiations With The Four Top-Ranked Firms Of
Cyberbest Technology, Inc., Data Industries, Ltd., ICBM Corporation, And Teksystems, Inc.; Further
Authorize The Mayor And City Clerk To Execute Agreements Upon Completion Of Successful
Negotiations By The Administration.
(Information Technology)
ACTION: Resolution No. 2004-25738 adopted. Gladys Acosta to handle.

C7K A Resolution Allocating $65,000 From Parks Beautification Funds For Middle Beach Landscape
Improvements For The Purchase, Supply, Delivery, And Installation Of Florida Royal Palms And
Phoenix Canariensis Palms For The La Gorce Island Landscaping Project.
ACTION: Resolution No. 2004-25739 adopted. Tim Hemstreet to handle.
End of Consent Agenda

13
AFTERACTION
November 10, 2004
City of Miami Beach
REGULAR AGENDA
R5 - Ordinances
4:12:05 p.m.
R5A An Ordinance Amending Ordinance Number 2003-3411 By Amending The Restrictions On The
Locations Where Panhandling Is Prohibited And Providing For Repealer, Severability, And An
Effective Date. 11:00 a.m. Second Reading, Public Hearing.
(Requested by Vice-Mayor Richard L. Steinberg)
(First Reading on October 13, 2004)
ACTION: Public Hearing open and continued to December 8, 2004 at 11:00 a.m., and referred to the
Neighborhood/Community Affairs Committee. Motion made by Commissioner Bower; seconded by
Vice-Mayor Cruz; Voice vote: 7-0. Lilia Cardillo to place on the Commission Agenda. Vivian
Guzman and Jorge Gomez to place on the committee agenda. Robert Middaugh to handle.
1. Notice of Ad in The Miami Herald
4:12:56 p.m.
New Item: Regarding the Closed Executive Session held during the lunch break.
Motion made by Commissioner Bower to add to the Agenda, as an emergency item by 5/7 vote,
imposing a voluntary cone-of-silence in reference to the negotiations of the Labor Contract with the
Communications Workers of America, CWA; seconded by Commissioner Smith; Voice vote: 7-0.
Motion made by Commissioner Bower starting today, imposing a voluntary cone-of-silence in
reference to the negotiations of the Labor Contract with the Communications Workers of America,
CWA. The cone-of-silence is in place for both the Administration and CWA meeting with the City
Commission; seconded by Commissioner Smith; Voice vote: 7-0.
Commission Gross asked that the CWA be notified of this action. Linda Gonzalez to handle.
Vice-Mayor Cruz requested that the Administration provide the Commission the process which will be
followed regarding impasse proceedings. Linda Gonzalez to handle.
Jorge Gonzalez, City Manager, stated that he will send an LTC with a copy of the letter sent to the
CWA along with the declaration of impasse and that a cone-of-silence is being imposed. The LTC
will also map out the next steps, and who will be handling each step in the process. Linda Gonzalez
to handle.
5:37:44 p.m.
Murray Dubbin, City Attorney, stated that the Citys labor lawyer has reviewed the Florida Statutes
and as referenced in the Statutes there is language which states nothing herein shall be construed
to abridge the right of free speech. Regarding the cone-of-silence, the Commission can not stop a
third party from speaking with you. The Commission is agreeing on how to govern itself.
Mayor Dermer stated that the City Commission imposed the cone-of-silence and has agreed not to
meet with either the Administration or CWA while the cone is imposed.

14
AFTERACTION
November 10, 2004
City of Miami Beach
3:29:29 p.m.
R5B An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance, By
Establishing The Classifications Of Field Inspector I, Field Inspector II And Parking Dispatcher In
Group IV, Being Those Classifications Covered By The Communication Workers Of America (CWA),
Local 3178; Transferring The Titles Of The Classifications Of Backflow Coordinator, Carpenter
Supervisor, Central Services Supervisor, Lead Mechanic, Sanitation Operations Supervisor, Service
Supervisor, And 911 Communications Records Custodian From Group VI, Being Other
Classifications In The Classified Service Not Covered By A Bargaining Unit, To Group V, Being
Those Classifications Covered By The Government Supervisors Association Of Florida (GSAF),
OPEIU Local 100; Providing For A Repealer, Severability, Effective Date And Codification. 11:15
a.m. Second Reading, Public Hearing.
(Human Resources)
ACTION: Public Hearing held. Ordinance Number 2004-3459 adopted. Motion made by
Commissioner Bower; seconded by Vice-Mayor Cruz; Ballot vote: 6-0; Absent: Commissioner
Steinberg. R. Parcher to transmit to Municipal Code Corp. Mayra Buttacavoli to handle.
3:31:13 p.m.
R5C Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance, By
Establishing The Classifications Of Code Compliance Division Director, Cultural Facilities Manager,
Field Monitor, Geographic Information System Analyst And Senior Management Analyst; Amending
The Titles Of The Classifications Of Beach Patrol Captain To Ocean Rescue Division Chief, Field
Inspector To Field Supervisor, Management & Budget Director To Budget & Performance
Improvement Director, And Right Of Way Supervisor To Right Of Way Manager; Providing For A
Repealer, Severability, Effective Date, And Codification. 11:16 a.m. Second Reading, Public
Hearing.
(Human Resources)
ACTION: Public Hearing held. Ordinance Number 2004-3460 adopted. Motion made by ViceMayor Cruz; seconded by Commissioner Bower; Ballot vote: 6-0; Absent: Commissioner Steinberg.
R. Parcher to transmit to Municipal Code Corp. Mayra Buttacavoli to handle.

15
AFTERACTION
November 10, 2004
City of Miami Beach
3:32;37 p.m.
R5D An Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By
Amending The Provisions For Accumulation And Payment Of Annual And Sick Leave For The
Fraternal Order Of Police (FOP), The International Association Of Fire Fighters (IAFF), And
Classified Employees Not Covered By A Bargaining Unit And Known As The Group Others;
Providing For A Repealer, Severability, Codification, And An Effective Date. 11:17 a.m. Second
Reading, Public Hearing.
(Human Resources)
3:33:35 p.m.
R5E An Ordinance Amending Ordinance No. 1613, The Unclassified Employees Leave Ordinance, By
Amending The Provisions For Accumulation And Payment Of Annual And Sick Leave; Providing For
A Repealer, Severability, Codification, And An Effective Date. 11:18 a.m. Second Reading, Public
Hearing.
(Human Resources)

16
AFTERACTION
November 10, 2004
City of Miami Beach
12:55:22 p.m.
R5F CCC, Civic & Convention Center District Regulations Regarding Required Parking
An Ordinance Amending Chapter 142, Land Development Regulations, Of The City Code; Division
7. CCC, Civic And Convention Center District, By Creating A New Section 142-368 Entitled Offsite
Parking, Providing That Required Parking Provided For Uses In This District, Located Off-Site
Pursuant To Section 130-36, Shall Not Be Included In Permitted Floor Area Wherever Located;
Providing For Codification, Repealer, Severability And Effective Date. 11:30 a.m. Second Reading,
Public Hearing.
(Planning Department)
Commissioner Bower; seconded by Vice-Mayor Cruz; Ballot vote: 7-0. R. Parcher to transmit to
Municipal Code Corp. Jorge Gomez to handle.
Commissioner Steinberg reiterated the position from the October 13, 2004 Commission Meeting that
the development plan (conceptual plans) will come forward with the different parking alternatives and
that the parking alternatives be considered by the Transportation and Parking Committee before
coming to the City Commission. Christina Cuervo to handle. Saul Frances to place on the
committee agenda.
5:28:44 p.m.
R5G 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 3, "Residential Multifamily Districts, Subdivision II, RM-1 Residential
Multifamily Low Intensity, Subdivision IV, RM-2 Residential Multifamily Medium Intensity, And
Division 15, TH Town House Residential District, By Amending Section 142-156, Section 142-218
And Section 142-606, Respectively, To Establish Revised Standards For Parking Lot Setback
Requirements When There Is An Approved Street Improvement Plan That Incorporates A PublicPrivate Parking Agreement With The City; Providing For Repealer, Codification, Severability And An
Effective Date. 5:01 p.m. Second Reading, Public Hearing.)
Commissioner Steinberg; seconded by Vice-Mayor Cruz; Ballot vote: 7-0. R. Parcher to transmit to
Municipal Code Corp. Jorge Gomez to handle.

17
AFTERACTION
November 10, 2004
City of Miami Beach
5:30:13 p.m.
R5H Interim Controls Amendment - Adopted Neighborhood Conservation District Enabling Ordinance
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 118, "Administration And Review Procedures," Article XI,
"Neighborhood Conservation Districts," By Creating A New Section 118-708, Entitled Enforcement
Of NCD Regulations And Criteria; Application Of Equitable Estoppel To Permits And Approvals,;
Providing For Codification; Repealer; Severability; And An Effective Date. 5:05 p.m. Second
Reading, Public Hearing.
Commissioner Steinberg; seconded by Commissioner Bower; Ballot vote: 7-0. R. Parcher to transmit
to Municipal Code Corp. Jorge Gomez to handle.
5:16:40 p.m.
R5I
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 OffStreet Parking, Article III, Design Standards, By Permitting Temporary Parking Lots In The MXE,
Mixed Use Entertainment Zoning District That Face Collins Avenue, An Additional Time Period Of 5
Years; Clarifying Sign Regulations For Temporary Lots And Modifying The Landscape Standards;
Providing For Repealer, Severability, Codification And An Effective Date. First Reading.
ACTION: Ordinance approved on First Reading. Motion made by Commissioner Gross; seconded
by Commissioner Bower; Ballot vote: 7-0. Second Reading and Public Hearing scheduled for
December 8, 2004. R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Jorge
Gomez to handle.
Neisen Kasdin spoke.

18
AFTERACTION
November 10, 2004
City of Miami Beach
12:27:50 p.m.
R5J An Ordinance Amending Chapter 2 Of The City Code Entitled Administration; By Amending Article
III Entitled Agencies, Boards And Committees; By Amending Division 15 Entitled "Florida Sister
Cities Program To Correct The Name To Read The Miami Beach Sister Cities Program Throughout
Division 15; And By Amending Section 2-181(D), Entitled Composition, By Amending The
Membership Of The Sister Cities Coordinating Council And The Provisions Regarding Term Of
Service; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading
(Requested by Mayor David Dermer)
ACTION: Ordinance approved on First Reading as amended. Motion made by Commissioner
Bower; seconded by Vice-Mayor Cruz; Ballot vote: 7-0. Second Reading and Public Hearing
scheduled for December 8, 2004. R. Parcher to notice. Lilia Cardillo to place on the Commission
Agenda. Legal Department to handle.
Amendments:
1. Division 15. City of Miami Beach Florida Sister Cities
2. 2-181 (d) The council shall consist of one representative per sister city affiliation who shall serve
on the council until the expiration of his/her term or until a successor member is appointed, whichever
is later, and nine members, appointed from the county at-large.
Bruce Singer, Florida Sister Cities City Liaison, spoke.
R7 - Resolutions
3:51:36 p.m.
R7A A Resolution Following A Duly Noticed Public Hearing To Hear Public Comment On Same,
Approving And Authorizing The Vacation Of A Portion (The Southern Half) Of The West 59th Street
Street-End, West Of North Bay Road, In Favor Of Roger J. Schindler And Leslie Schindler, As
Owners Of The Adjacent Residential Property, Located At 5860 North Bay Road; Retaining Utility
Easement Rights Within Said Vacated Portion Of The Street-End; Waiving, By 5/7ths Vote, The
Competitive Bidding And Appraisal Requirements, Pursuant To Article II, Section 82-36 Through 8240 Of The Miami Beach City Code, Finding Such Waiver To Be In The Best Interest Of The City; And
Authorizing The Mayor And City Clerk To Execute Any And All Documents To Effectuate The
Vacation, Including A Quitclaim Deed, Subject To Final Review And Approval Of Same By The City
Attorney's Office. 10:15 a.m. Public Hearing.
(Public Works)
(Continued from October 13, 2004)
ACTION: Public Hearing opened and continued to February 23, 2005 at 10:15 a.m. Motion
made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 6-0; Absent:
Commissioner Steinberg. Lilia Cardillo to place on the Commission Agenda. Fred Beckmann to
handle.
1. Copy of a letter from Joseph Z. Fleming, Greenberg Traurig, to Raul J. Aguilar [Aguila], Assistant City
Attorney, dated November 4, 2004, RE: Request for Vacation of the 59th Street end. [Request to
continue the public hearing indefinitely]

19
AFTERACTION
November 10, 2004
City of Miami Beach
3:51:36 p.m.
R7B A Resolution Following A Duly Noticed Public Hearing To Hear Public Comment On Same,
Approving And Authorizing The Vacation Of A Portion (The Northern Half) Of The West 59th Street
Street-End, West Of North Bay Road, In Favor Of William Thomas Harris III And Richard
Koenigsberg, As Trustees For The "Tom Harris Trust", As Owners Of The Adjacent Residential
Property, Located At 5900 North Bay Road; Retaining Utility Easement Rights Within Said Vacated
Portion Of The Street-End; Waiving, By 5/7ths Vote, The Competitive Bidding And Appraisal
Requirements, Pursuant To Article II, Section 82-36 Through 82-40 Of The Miami Beach City Code,
Finding Such Waiver To Be In The Best Interest Of The City; And Authorizing The Mayor And City
Clerk To Execute Any And All Documents To Effectuate The Vacation, Including A Quitclaim Deed,
Subject To Final Review And Approval Of Same By The City Attorney's Office. 10:15 a.m. Public
Hearing.
(Public Works)
Commissioner Steinberg. Lilia Cardillo to place on the Commission Agenda. Fred Beckmann to
handle.
1. Copy of a letter from Joseph Z. Fleming, Greenberg Traurig, to Raul J. Aguilar [Aguila], Assistant City
Attorney, dated November 4, 2004, RE: Request for Vacation of the 59th Street end. [Request to
continue the public hearing indefinitely]
3:51:36 p.m.
R7C A Resolution Following A Duly Noticed Public Hearing To Hear Public Comment On Same,
Approving And Authorizing The Vacation Of A Portion (The Southern Half) Of The West 56th Street
Street-End, West Of North Bay Road, In Favor Of Mary Elizabeth Donnelly, Owner Of The Adjacent
Residential Property, Located At 5480 North Bay Road; Retaining Utility Easement Rights Within
Said Vacated Portion Of The Street-End; Waiving, By 5/7ths Vote, The Competitive Bidding And
Appraisal Requirements, Pursuant To Article II, Section 82-36 Through 82-40 Of The Miami Beach
City Code, Finding Such Waiver To Be In The Best Interest Of The City; And Authorizing The Mayor
And City Clerk To Execute Any And All Documents To Effectuate The Vacation, Including A Quitclaim
Deed, Subject To Final Review And Approval Of Same By The City Attorney's Office. 10:15 a.m.
Public Hearing.
(Public Works)
Commissioner Steinberg. Lilia Cardillo to place on the agenda. Fred Beckmann to handle.
Handout or Reference Materials
1. Letter from Mary E. Donnelly to Robert Parcher, dated November 9, 2004 RE 56th & 59 N. Bay Road
End Street, requesting postponing the public hearing and hear at the same time as the 59 street.
2. Electronic correspondence from Raul Aguila, Esq., forwarded by Elizabeth Damien to Fred
Beckmann, dated August 26, 2004 RE: Vacation of 59th Street End RE: continuance of public
hearing.

20
AFTERACTION
November 10, 2004
City of Miami Beach
12:37:50 p.m.
R7D A Resolution Following A Duly Noticed Public Hearing To Hear Public Comment On Same, And
Having Considered The City Administrations Recommendation And The Criteria For Granting
Revocable Permits Pursuant To Section 82-94 Of The Miami Beach City Code, Denying An AfterThe-Fact Revocable Permit In Favor Of The Applicant, Doron Valero, For Retaining A Masonry Wall
Constructed In The City Right-Of-Way, Enclosing Approximately 66 Sq. Ft., Adjacent To His Property
Located At 320 South Coconut Lane. 10:30 a.m. Public Hearing.
(Public Works)
ACTION: Public Hearing held. Resolution No. 2004-25740 adopted (Denying an after-the-fact
revocable permit). Motion made by Commissioner Smith to adopt the Administrations
recommendation denying the Revocable Permit; seconded by Commissioner Bower; Voice vote: 7-0.
Fred Beckmann to handle.
Allan Kirscher, Esq. spoke.
Walter Maino spoke.
Doron Valero spoke.
Fred Beckmann, Director of Public Works, spoke.
2. Statement signed by Phillip Azan, Director, Building Department, City of Miami Beach, taken on
November 10, 2004, RE: 230 South Coconut Lane construction.
3:52:11 p.m.
Supplemental Material: (Lease Agreement)
R7E A Resolution Authorizing The Mayor And City Clerk To Execute A Lease Agreement With Hazen And
Sawyer, PC, For The Lease Of Approximately 2,800 Square Feet Of City-Owned Property, Located
At 1701 Meridian Avenue (A/K/A 777 - 17th Street), Miami Beach, Florida, For A Twenty-Three (23)
Month Term, Commencing On November 1, 2004, And Ending On September 30, 2006; Further
Waiving, By 5/7ths Vote, The Competitive Bidding And Appraisal Requirements As Set Forth In
Sections 82-36 Through 82-39 Of The Miami Beach City Code, Finding Such Waiver To Be In The
Best Interest Of The City. 10:45 a.m. Public Hearing.
ACTION: Public Hearing opened and continued to December 8, 2004 at 10:45 a.m. Motion
Commissioner Steinberg. Lilia Cardillo to place on the Commission Agenda. Christina Cuervo to
handle.

21
AFTERACTION
November 10, 2004
City of Miami Beach
10:45:09 a.m.
R7F A Resolution Authorizing The Mayor And City Clerk To Execute An Agreement Between The City Of
Miami Beach And Tran Construction, Inc., To Construct The Beachfront Restroom/Concession
Facilities Located East Of Collins Avenue At 21st, 46th And 64th Streets, Pursuant To The Bid Award
Granted By Resolution 2003-25196, And Appropriating Funds, In The Amount Of $227,776, Available
From Parking Funds For Increased Costs In The Construction Of The Project. Joint City
Commission and Redevelopment Agency
.
ACTION: Item heard in conjunction with Item RDA-3A. Resolution No. 2004-25741 adopted as
amended to reimburse the Parking fund within four years and to include a concession stand
along with the bathroom at 46th Street. Motion made by Commissioner Smith; seconded by
Commissioner Garcia; Voice vote: 5-1; Opposed: Commissioner Steinberg: Absent: Vice-Mayor
Cruz. Patricia Walker to appropriate the funds. Tim Hemstreet to handle.
Commissioner Steinberg stated that he is opposed to this because Parking Department funds are
being used.
Jorge Gonzalez, City Manager, stated that Resort Taxes could be used for the concession at 46th
Street.
Commissioner Steinberg made an amendment to the motion to require the Administration to identify
a source to reimburse the Parking Fund and establish a two-year time table to reimburse the Parking
fund.
Jorge Gonzalez, City Manager, requested that the time be extended from two years to four years.
Commissioner Steinberg stated that he is going to vote against the item and withdrew his
amendment.
Motion made by Commissioner Gross to amend the motion to extend the window to four years as
requested by Jorge Gonzalez, City Manager.
Commissioner Smith accepted the amendment.
Commissioner Garcia asked if the plans for one of the bathrooms could be used for the 35th Street
bathroom.
Commissioner Gross stated that the sentiment of the Commission is to get the 35th Street bathroom
built as quickly as possible. Tim Hemstreet to handle.
Commissioner Bower stated that she has received complaints about the bathrooms at North Shore
Open Space Park, and added that she doesnt want this bathroom to be the last one built.
Tim Hemstreet, Capital Improvement Projects Director, explained that demolition is almost ready to
commence and that the Administration is negotiating a price with one of the job-order contractors for
the restrooms. Tim Hemstreet to handle.
1. Color map showing public parks, lifeguard towers, and beach restrooms, and the patron count of
restrooms.

22
AFTERACTION
November 10, 2004
City of Miami Beach
11:09:34 a.m.
R7G A Resolution Setting The Dates For The Year 2005 City Commission Meetings. Joint City
Commission and Redevelopment Agency.
(City Clerks Office)
ACTION: Item heard in conjunction with Item RDA-3B. Resolution No. 2004-25742 adopted.
Motion made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 7-0. R.
Parcher to handle.
5:32:00 p.m.
R7H A Resolution Approving A Settlement Of The Lawsuit Styled, Gloria Rosenthal, Trustee Of The Gloria
Rosenthal Trust U/A/D 5-19-88, N/K/A Gloria Rosenthal Trust U/A/D 5-14-99 V. City Of Miami Beach
Case No. 04-10744 CA 31; Authorizing The Mayor And City Clerk To Execute Any And All Necessary
Settlement Documents, Including But Not Limited To The Execution Of A Purchase And Sale
Agreement Between The City (Buyer) And The Gloria Rosenthal Trust (Seller) For The Property
Located At 1833 Bay Road, Miami Beach, Florida; Further Making The Settlement Subject To And
Conditioned Upon Closing Of The Subject Property..
ACTION: Resolution No. 2004-25743 adopted. Motion made by Commissioner Steinberg;
seconded by Commissioner Bower; Voice vote: 7-0. Christina Cuervo to handle.
10:30:32 a.m.
Supplemental Material: (Certificate of County Canvassing Board)
R7I
A Resolution Adopting The Certificates Of The Results Of The November 2, 2004 Special Election
For The City Of Miami Beach, And Declaring Results Thereof.
(City Attorneys Office)
ACTION: Resolution No. 2004-25744 adopted. The issue of working with the County to secure
the G. O. Bonds was referred to the Finance and Citywide Projects Committee. Motion made by
Commissioner Bower; seconded by Commissioner Steinberg; Voice vote: 6-0; Absent: Vice-Mayor
Cruz.
Commissioner Gross stated that in addition to the three referendum issues, and the candidate
elections, there was also the Miami-Dade County G. O. Bond questions which all eight were
approved. The result for the City of Miami Beach is that there are $90 million dollars in projects
which will be funded through the G. O. Bond; $55 million are for improvements to the Convention
Center, $7 million for the improvements to the 10 Street Auditorium and Lummus Park, $5 million for
South Pointe Park, $2 million to renovate historic Old City Hall, money for fire stations, the Scott
Rakow Youth Center, the bandshell in North Shore, the Normandy Shores Golf Course, and
Flamingo Park. If the beach re-nourishment and the $10 million for the Wolfsonian are added
together, a large amount of money will be flowing to Beach projects. He gave credit to Jorge
Gonzalez, City Manager, for working with George Burgess, County Manager, the Commission and
Mayor Dermer.
Mayor Dermer stated that he is concerned with being able to secure these funds. He asked the
Finance and Citywide Project Committee to follow the retirement of the previous County debt and
how the County is going to be issuing the new bonds, and to insure that the City of Miami Beach
projects are at the top of the list. Patricia Walker to place on the committee genda. Kathie
Brooks to handle.
23
AFTERACTION
November 10, 2004
City of Miami Beach
Commissioner Smith stated that perhaps the City of Miami Beachs G. O. Bond Oversight Committee
may be able to participate in the allocation of the funds. He wasnt sure if Miami-Dade County will
have a G.O. Bond Oversight Committee, but if they do, Miami Beach should be represented.
Jorge Gonzalez, City Manager, stated that he believes the County will use the model used by the
Safe Neighborhood park bond program. The City can advocate through our County Commissioners
for representation. The Administration is presently responding to the Countys request for more detail
on the status of the projects. It would behoove the County to demonstrate immediate results. The
City of Miami Beach projects are ready. If a Miami Beach project is ready to go and the County has
not sequenced the project the Administration may ask the Commission for some type of short-term
financing to be paid back by the G. O. Bond funding.
Commissioner Bower asked about the question dealing with affordable housing for the elderly. She
wants to urge the Miami-Dade County Commission to consider Miami Beach.
Jorge Gonzalez, City Manager, stated that there are large amounts of money which have not been
designated and has requested staff to find out the Countys allocation process and be prepared to try
to get the money. The Administration will be as aggressive as possible.
Commissioner Bower requested to be updated on the process and encouraged the Administration to
work closely with Miami-Dade County Commissioners Barreiro and Heyman. Kathie Brooks to
handle.
Jorge Gonzalez, City Manager, stated that as hard as the Administration worked at staff level to
secure funding, just before the ballot questions were established, he personally met with both
Commissioners Barreiro and Heyman, who were extremely helpful and instrumental in making sure
what was proposed for the Beach remained in the Beach. They were also successful in securing
additional funding for the Wolfsonian and the Miami Beach Community Clinic (formerly Stanley C.
Meyers).
Commission Bower thanked both Commissioner Barreiro and Commissioner Heyman.
4:18:23 p.m.
R7J A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Firms Pursuant To Request For Qualifications (RFQ) No. 39-03/04, For Architecture, Landscape
Architecture, Engineering, And Construction Administration Services Needed To Complete The
Planning, Construction Design, And Construction Of The South Pointe Park Improvement Project;
Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm Of
Hargreaves Associates, 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 The RMPK Group, And Should The Administration Not Be Able To Negotiate An Agreement
With The Second-Ranked Firm; Authorizing The Administration To Negotiate An Agreement With The
Third-Ranked Firm Of Calvin, Giordano & Associates.
ACTION: Resolution No. 2004-25745 adopted. Motion made by Commissioner Gross to accept
the City Managers recommendation; seconded by Vice-Mayor Steinberg; Voice vote: 7-0. Tim
Hemstreet to handle.
Hargreaves Associates gave a PowerPoint presentation.
RMPK Group gave a PowerPoint presentation.
24
AFTERACTION
November 10, 2004
City of Miami Beach
R9 - New Business and Commission Requests

R9A
Board and Committee Appointments.

(City Clerks Office)
ACTION:
Committee for Quality Education in Miami Beach:

Flora Schulz
Term expires 06/30/05
Representative of the PTA of Treasure Island
Elementary.
Leslie Coller
Appointed by Commissioner Garcia TL 12/07
Community Relations Board:
Monica Harvey
Appointed by Commissioner Smith TL12/06
Hispanic Affairs Committee:

Jacobo Epelbaum Term expires 12/31/06
Appointed by Commissioner Smith TL 12/05
Miami Beach Commission on the Status of Women:

Rachel Umlas
Appointed by Commissioner Smith TL12/06
Sara Resnick
Appointed by Commissioner Cruz TL 12/05
R9A1 Nominate Mr. Marcelo Llorente To The Personnel Board.
(Requested by Vice-Mayor Simon Cruz)
(Deferred from October 13, 2004)
ACTION: Ballot vote: Marcelo Llorente 5 votes, Alex DeGasperi 2 votes. Mayra Diaz Buttacavoli to
handle.
R9A2 Nominate Mr. Alex DeGasperi To The Personnel Board.
(Requested by Commissioner Saul Gross)
(Deferred from October 13, 2004)
ACTION: See action R9A1
1. Personnel Board votes
3:15:29 p.m.
R9B(1) Dr. Stanley Sutnick Citizens Forum. (1:30 p.m.).
ACTION:
Erika Brigham, member of the Transportation and Parking Committee and of the Miami Beach
Transportation Association (MBTMA), spoke on the Electrowave now called The Local. She stated
that there is a hold up due to discussions going on at the County in reference to the County taking
over and wrapping in with the W Route, and this has placed the purchase of the six diesel buses on
hold. She is concerned that the federal transit funds may run out in December. She hopes that the
City agrees that the MBTMA buys the diesel buses. She is asking that the purchase takes place
25
AFTERACTION
November 10, 2004
City of Miami Beach
before the deadline in December.

Commissioner Smith asked on the status of the negotiations and if the federal funds are in jeopardy.
Jorge Gonzalez, City Manager, stated that the key person, Carlos F. Bonzon, Assistant County
Manager, that the City was negotiating with has been transferred to the Miami International Airport
because of Angela Gittens departure. The City continues to reach out to the County and expects
that there could be a favorable outcome worked out and the plan is to have a City Commission
Workshop before finalizing any negotiations. He stated that the Citys lobbyists indicated that the
funds are not in jeopardy.
Commissioner Smith asked regardless of who runs it, should the City go ahead and buy the buses to
reserve the funds.
Jorge Gonzalez, City Manager, stated that if the County is going to run it, the City will be better
served by the County buying the buses similar to the buses currently operating on Miami Beach.
Commissioner Bower asked if even though the funds are not in jeopardy what the deadline is.
Jorge Gonzalez, City Manager, stated that there are deadlines that the County is working on
extending part of the last T21 initiative that the federal government passed, and since there is no
new T legislation approved, they continue to extend the authorization done at the last extension.
Commissioner Bower asked when will the next extension be issued and how does the City know
about it.
Jorge Gonzalez, City Manager, explained that the funds approved with the last T legislation are
extended until May 2005. He stated that what expires at the end of December 2004 is the bid
submitted to the City for the acquisition of these buses and if the City is not buying the buses, the bid
does not need to be extended.
Mark Johnson spoke on the advertising for Miami Beach. He stated that only 10 % of the tourists
come from conventions and as Miami builds hotels, the benefit derived from the advertising from the
Greater Miami and the Beaches Convention and Visitors Bureau will be diminished. He suggested
that the City allocates fund to advertise the destination itself for the average tourist using local artists,
local production facilities, and local people, so that more benefits will be derived from this
advertisement.
R9B(2) Dr. Stanley Sutnick Citizens Forum. (5:30 p.m.)
ACTION: Not reached.

26
AFTERACTION
November 10, 2004
City of Miami Beach
12:11:59 p.m.
R9C Discussion Regarding Historic Designation Status Of The 20th 28th Street Monument.
(Requested by Commissioner Luis R. Garcia, Jr.)
ACTION: Discussion held.
Commissioner Garcia corrected for the record that the monument is on 28th Street instead of 20th
Street. He requested the Planning Department and the City Administration to proceed with the
historic designation for this monument.
Jorge Gonzalez, City Manager, stated that the issue of historic designation is different from the issue
of funding. He explained that other facilities have been designated historic that had no funding
requirements or funding designated to them for improvement. It is wrong to hold off on the
designation; it should be brought to the City Commission. He stated that this is the reason for
creating the Renewal and Replacement Capital Fund, in an effort to preserve our facilities.
William Carey, Planning Department, spoke.
Joseph Estrada, property owner across from the monument, spoke. He stated that this monument is
in total neglect, it is an eyesore and a danger to the kids that attend the youth center across the
street.
Mayor Dermer asked Jorge Gonzalez, City Manager, if something could be done to the monument
now while the construction is going on at the pump station.
Jorge Gonzalez, City Manager, stated that he would have to check the current pump station contract
to see if this site is part of their construction site. He emphasized that this is a pump station project,
not a park improvement project. He needs to check what is included in the project after switching to
the new pump station, he thinks the old pump station will be abandoned and he needs to check if
there are any plans for it or for beautification of the island. Robert Middaugh to handle.
Commissioner Garcia stated that the building needs to be sealed to prevent people from going inside
because of the sewer gases that could be there.
Jorge Gonzalez, City Manager, stated that the historic designation will be brought to the next City
Commission meeting.
Commissioner Garcia requested to be notified of the meeting of the Historic Preservation Board on
this issue.
Jorge Gomez, Planning Director, stated that the next Historic Preservation Board meeting will be on
December 14, 2004.
Commissioner Bower asked if the fence will be fixed.
Jorge Gonzalez, City Manager, stated that he will look at the area and see what can be done to
secure it and to prevent any unfortunate circumstances there and also to see what can be done to
the Obelisk and the green area around it. Fred Beckmann to handle.
Commissioner Bower stated that there should be maintenance of the foliage and the green area
surrounding it. Kevin Smith to handle.
Commissioner Garcia requested that the monument on Star Island (the old water tower) be brought
up for historic designation also.
27
AFTERACTION
November 10, 2004
City of Miami Beach
Mayor Dermer requested a report of the Historic Preservation Board on these two monuments.
Jorge Gomez to handle.
Jorge Gonzalez, City Manager, suggested an inventory of all the monuments and to refer them as a
package for historic designation. Jorge Gomez to handle.
3:53:43 p.m.
R9D Status Report On Closing Documents Between The City Of Miami Beach, The Miami Beach
Redevelopment Agency And RDP Royal Palm Hotel Limited Partnership (RDP).
Jorge Gonzalez, City Manager, stated that he has had conversations with Mr. Peebles, and told him
that they need to finalize this agreement by December 3, 2004 and if not, to place an item on the
December 8, 2004 Commission Agenda canceling the agreement.
Commissioner Smith complimented Christina Cuervo, Assistant City Manager, Jorge Gonzalez, City
Manager, and the Legal Department for working so hard on this agreement.
Commissioner Bower asked if the Loewss Hotel is going to convert to condominiums.
Jorge Gonzalez, City Manager, stated that what came out in the newspaper is that corporate Loews,
as a company, is beginning to look at the condominium conversion component as a means of
capitalizing their assets. Whatever is in place beyond the lease agreement will survive their
purchase of the lease. There are room block restrictions.
Commissioner Steinberg requested that Commissioner Garcia, Commission Liaison to the Greater
Miami Convention & Visitors Bureau (GMCVB), make sure that the Bureau is working out a model to
coordinate with the property owners or management companies to try not to lose the room blocks.
Commissioner Garcia stated that he will take the message back.
10:30:32 a.m.
3:34:38 p.m.
5:42:26 p.m.
R9E Discussion Of The Straw Ballot Question Regarding The Bay Link And The 63rd Street Flyover.
(Requested by Vice-Mayor Simon Cruz)
ACTION: Discussion held. See item R9F for action on Bay Link. See item C4B for action on 63rd
Street Flyover.

28
AFTERACTION
November 10, 2004
City of Miami Beach
3:34:30 p.m.
R9F Discussion Regarding The Bay Link Video.
(Requested by Commissioner Luis R. Garcia, Jr.)
ACTION: Discussion held for items R9D and R9F. Resolution No. 2004-25746 adopted. Motion
made by Commissioner Gross to accelerate the priority of the project from priority #2 to priority #1
and instruct Commissioner Smith, Commission Liaison to the MPO, to take that message to the
organization; seconded by Commissioner Garcia; Voice vote: 4-2; Opposed: Mayor Dermer and
Commissioner Bower; Absent: Commissioner Smith to handle.
Vice-Mayor Cruz requested to communicate to the MPO, through the Citys representative, the Citys
position and desire to move forward and in fairness to the residents that voted against it, to clarify
exactly what the Bay Link project entails. He requested the Administration try to eliminate any fears
that may exist about this project, either by showing the video or by providing information regarding
this project, and that the City will make sure that this project is within the scale and scope of what the
City can do as well as minimizing disruption.
Commissioner Smith stated that the MPO has overwhelmingly supported this project and the only
issue currently in front of the MPO is what priority to give Bay Link.
Mayor Dermer stated that the video will be played at the end of the meeting, and thereafter on a rerun cycle. R. Parcher to handle.
Motion made by Commissioner Gross to accelerate the priority of the project from priority #2 to
priority #1 and to instruct Commissioner Smith to take that message to the MPO; seconded by
Commissioner Garcia; Voice vote: 4-2; Opposed: Mayor Dermer and Commissioner Bower; Absent:
Commissioner Steinberg. Amelia Johnson to handle.
11:19:34 a.m.
R9G Discussion Regarding The Villa Maria (2800 Collins Ave built in 1924) and the Coral Rock House
(900 Collins Ave built in 1918).
(Requested by Commissioner Bower)
Coral Rock House (900 Collins Ave.)
Commissioner Bower stated that she placed this item on the agenda because of what was discussed
at the Historic Preservation Board meeting and she asked Mitch Novick to explain the issue.
Mitch Novick, Chairman of the Historic Preservation Board, explained that last Friday a notice that the
Coral Rock structure at 900 Collins was set to be heard before the Countys Unsafe Structures Board
on November 17, 2004 was posted on the door. Immediately after posting, he took a photograph of
the notice posted and sent it to Thomas Mooney via email. After that, he went outside and he states
that the notice had mysteriously vanished. He added that street sources confirmed that a car pulled
up, someone got out, took the notice and drove away. He explained that the owner amended the
corporation in mid July 2004, and took on a co-owner who is a demolition contractor. He stated that
they are very concerned, and requested the City Commission to intervene and prevent a needless
demolition.
Carter McDowell, Esq., representing the property owner, spoke.
Commissioner Bower asked if this is considered demolition by neglect.
29
AFTERACTION
November 10, 2004
City of Miami Beach
Mitch Novick, Chairman of the Historic Preservation Board, stated that this is an old structure, which
is in bad condition. This is a rare construction style from 1918 and as stated by the correspondence
from the Building Official, this building could be shored up and preserved; and there are other
alternatives to demolition.
Commissioner Bower asked what the City Commission can do in this case.
Mitch Novick, Chairman of the Historic Preservation Board, stated that the Building Official indicated
that in his experience all the cases brought to the Countys Unsafe Structures Board have resulted in
demolition.
Commissioner Gross stated that in order to get to this point there must be a fundamental defect in the
demolition by neglect ordinance. He stated that in this case this property has not been cited or
brought in front of the Special Master these steps were circumvented and it just went directly to the
Countys Unsafe Structures Board. He added that the building is scheduled in front of the Countys
Unsafe Structures Board next Wednesday, November 17; the Historic Preservation Board met on this
case and fell helpless and wants the City Commission to do something. He would like to see what
actions the Administration can take that will require the building to be renovated and restored rather
than demolished.
Vice-Mayor Cruz asked if tests have been done to determine that it is an unsafe structure.
Commissioner Gross stated that the problem with the system is that if an owner wants to demolish a
historic building he can hire an engineer to write a detailed report stating the reasons in their opinion
that the building is unsafe. Then, it is up to the Building Official to review the report and say that he
does not agree.
Phil Azan, Building Department Director, stated that they reviewed the report and agreed with the
conclusions by the engineer that the structure does meet the minimum criteria for an unsafe
structure. It is a minimum criteria because the Building Code is a minimum code.
Commissioner Gross stated that it can be preserved but it is still unsafe, so why not require that it be
preserved.
Phil Azan, Building Department Director, stated the order written by the Building Department clearly
states to repair the building, should it not be repaired, the Building Department will move forward
with the demolition request before the Board of Rules and Appeals.
Commissioner Bower asked if the City of Miami Beach can impose certain requirements that will
prevent moving forward with the demolition request. She asked why some property owners are taken
to the Special Master and others are not.
Phil Azan, Building Department Director, stated that cases involving the building as a whole are
referred to the Countys Unsafe Structures Board; if it is a specific area within the building, they are
referred to the Special Master. He also explained that normally the owner is given an additional 30
days in which to present documentation to the Building Department to repair and restore the building;
should they fail to comply, then the order for demolition is effective at the end of the 30 days.
Jorge Gonzalez, City Manager, stated that the authority to demolish becomes that of the Building
Official but in the interim, the City has the ability to compel the owner to do something about the
building and even at the meeting with the Countys Unsafe Structures Board, the City could place the
owner on notice that if ultimately demolition is to occur, the Historic Preservation Board and the City
through the demolition order will require an exact duplication of the building. He stated that there is
one more step that has not been used as a tool, but could be used with the direction of the City
30
AFTERACTION
November 10, 2004
City of Miami Beach
Commission, and that is that at the end of the 30 days, if the owner has not complied with the order,
the City could seek injunctive relief and have the court force the owner to replace the structure with
an exact replica.
Mayor Dermer asked what the Citys options as it stands at the moment.
Jorge Gonzalez, City Manager, answered that it is important that this issue goes to the next step at
the Countys Unsafe Structures Board, and he can direct staff to present the Citys desire to preserve
and/or the conditions upon which the demolition might be ultimately effectuated, replacing the
structure as an exact replica.
Commissioner Bower stated that the City needs to eagerly emphasize that this is a historic structure
and needs to be preserved.
Murray Dubbin, City Attorney, stated that the City has a demolition by neglect ordinance.
Mayor Dermer stated that the City should proceed as Jorge Gonzalez, City Manager, has suggested.
Commissioner Gross stated that there is a defect on the way this ordinance was written that allowed
the situation to get to this point.
Carter McDowell, Esq., representing the property owner, spoke.
Commissioner Gross asked Gary Held to state the actions he suggested to the Historic Preservation
Board that the City could take to stop demolition.
Gary Held, First Assistant City Attorney, stated that the City needs to present to the Countys Unsafe
Structures Board that preservation is the goal and not just demolition. He stated that he will go with
staff to the hearing and present the case to the Board that repair of the structure is what is requested.
He stated that assuming the Board orders repair; the Building Official is responsible for enforcing that
and failure to comply can result in legal action by the City under the demolition by neglect ordinance.
Commissioner Gross asked if the City can require the owner of the property to restore the building.
Gary Held, First Assistant City Attorney, stated that the City can require it , and if the owner does not
comply, then the City can go to court and the court can force the owner to restore the structure.
Commissioner Gross stated that this is what the City should do. He asked Phil Azan, Building
Department Director, if he is obligated to issue a demolition order after 30 days, if the owner is not
restoring the structure.
Phil Azan, Building Department Director, stated that he is not obligated to issue a demolition order.
He explained that if the Countys Unsafe Structures Board issues an order that the structure be
repaired or demolished within 30 days and the owner does not restore it within that time, a demolition
order is issued by the Building Department with the conditions issued by the City Manager. Normally
if there are no conditions attached to the demolition order, the demolition takes place, but in this case
the conditions mentioned will be attached as part of the demolition order.
Commissioner Bower stated that this process of having to have the case be heard by the City
Commission to impose conditions does not work, and it should be incorporated as part of the
ordinance.
Commissioner Smith stated that the Building Department operates under the Florida Building Code
which has specific criteria as to what is an unsafe structure and gives specific directions as to how to
31
AFTERACTION
November 10, 2004
City of Miami Beach
proceed when an unsafe structure order is rendered; now we are asking the Building Department to
enforce the demolition by neglect ordinance which he does not have the authority to enforce.
Gary Held, First Assistant City Attorney, stated that the Building Department is wiling to work with the
City and the enforcement of the demolition by neglect ordinance to allow this process to occur before
the Building Official requires the demolition. He clarified his previous statement by saying that the
City is enforcing the Land Development Regulations, and this procedure is being interfaced with the
procedures stated in the Florida Building Code in order to protect the building.
Motion made by Commissioner Bower to implement the City Managers suggestion that if the
order is issued to demolish, the owner will be informed that he must replace the building with
a replica of what is there today; seconded by Commissioner Gross; Voice vote: 7-0. Phil Azan
to handle.
11:48:35 a.m.
Villa Maria: (2800 Collins Ave.)
Commissioner Bower stated that this building is an affordable housing building occupied by the
elderly. She stated that during the hurricane she visited the building after reading in a newspaper
that the building had been red-tagged, indicating that the residents would not be able to return to their
apartments. She was very upset at a City employee from the Building Department scaring the elderly
to the point that some of them were crying and she had to spend a lot of time on the phone with the
City Manager trying to get this issue resolved.
Kent Harrison Robbins, Esq. spoke on behalf of 2800 Collins Avenue LLC.
Roberto Datorre, from the Miami Beach Community Development Corporation, spoke.
Rhonda Hasan, Assistant City Attorney, spoke.
Commissioner Bower made the same motion as to the Coral Rock House to follow the City
Managers suggestion that if the order is issued to demolish, the owner will be informed that
he must replace the building with a replica of what is there today; seconded by Commissioner
Garcia; Voice vote: 7-0.
Commissioner Bower stated that she wants to make sure that the residents will come back to the
building.
Mayor Dermer stated that when residents are relocated, it is done in an informative and
compassionate manner. He stated that if there is going to be a problem to inform the appropriate
department, the Building or Fire Department, whichever has jurisdiction.
Commissioner Bower stated that if possible, the repairs should be done in phases in order for the
residents do not all have to be relocated for the entire time.
Mayor Dermer stated that this should not be brought as an emergency item on a Commission
Meeting, and suggested the City Commission be advised of demolition items prior to Commission
Meeting and all the facts should be presented. He also asked about the status of the Mayors Blue
Ribbon Panel on Structural Integrity of Historic Buildings, when will the ordinance be presented to the
City Commission, and if it could be prepared for the next agenda.
Mitch Novick stated that the Historic Preservation Board is working on the non-conforming structures
ordinance, but that doesnt encompass all of the recommendations.
32
AFTERACTION
November 10, 2004
City of Miami Beach
Mayor Dermer asked Mitch Novick to make the non-conforming structures ordinance a priority of the
Historic Preservation Board.
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 November 10, 2004 In The City Manager's Large
Conference Room, Fourth Floor, City Hall, To Discuss Settlement On The Following Cases:
Norman And Joan Ciment Vs. City Of Miami Beach. Circuit Court Of The Eleventh Judicial Circuit Of
Florida, Case No. 01-802 CA32
The Following Individuals Will Be In Attendance: Mayor David Dermer; Members Of The
Commission: Matti H. Bower, Simon Cruz, Luis R. Garcia Jr., Saul Gross, Jose Smith And Richard
Steinberg; City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Chief Deputy City Attorney
Don Papy, First Assistant City Attorney Debora Turner And First Assistant City Attorney Gary Held.
ACTION: Announced and held.
R10B Notice Of Closed Executive Session.
Recess Of The City Commission Meeting On November 10, 2004 In The City Manager's Large
Conference Room, Fourth Floor, City Hall, For Discussion Regarding The Status Of Communications
Workers Of America (CWA) Negotiations.
R10C Notice Of Closed Executive Session.
Lunch Recess Of The City Commission Meeting On November 10, 2004 In The City Manager's Large
Conference Room, Fourth Floor, City Hall, To Discuss Settlement On The Following Case:
City Of Miami Beach V. Miami-Dade County, Micky Biss And USA Express, Inc. Third District Court
Of Appeal, Case No. 3D04-1589, Lower Case No. 03-682 AP
Micky Biss And USA Express, Inc. V. City Of Miami Beach. 11th Judicial Circuit Court. Case No. 0418560 CA 11
Micky Biss And USA Express, Inc. V. City Of Miami Beach. 11th Judicial Circuit Court. Case No. 0111865 CA 10
The Following Individuals Will Be In Attendance: Mayor David Dermer; Members Of The
Commission: Matti H. Bower, Simon Cruz, Luis R. Garcia Jr., Saul Gross, Jose Smith And Richard
Steinberg; City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Chief Deputy City Attorney
Donald Papy, First Assistant City Attorneys Debora J. Turner And Gary Held.
Reports and Informational Items
33
AFTERACTION
November 10, 2004
City of Miami Beach
City Attorneys Status Report.

(City Attorneys Office)
ACTION: Written report submitted.
Parking Status Report.

(Parking Department)
Status Report On The Rehabilitation Of The Existing Building And Construction Of The New Fire
Station No. 2.
Status Report On The Construction Of Fire Station No. 4.

Informational Report To The Mayor And City Commission, On Federal, State, Miami-Dade County,
U.S. Communities, And All Existing City Contracts For Renewal Or Extensions In The Next 180 Days.
(Procurement)
Non-City Entities Represented By City Commission:

1.
Minutes From The Miami-Dade County Homeless Trust Board Meeting Of September 24,
2004.
(Requested by Commissioner Richard L. Steinberg)

2.
Minutes From The Miami Beach Transportation Management Association, Inc. Executive
Board Meeting Of September 20, 2004.
(Requested by Mattie Herrera Bower)

End of Regular Agenda

34
AFTERACTION
November 10, 2004
City of Miami Beach
Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
November 10, 2004
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
arrived at 11:16;35 a.m.
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
1.
ROLL CALL
2.
OLD BUSINESS
A
Report Of The Itemized Revenues And Expenditures Of The Miami Beach Redevelopment
Agency For The Month Of September 2004.

10:45:09 a.m.
3.
NEW BUSINESS
A
A Resolution Of The Chairman And Members Of The Miami Beach Redevelopment Agency,
Appropriating Funds, In The Amount Of $458,075, From The City Center Redevelopment
Agency TIF Funds To Design And Construct The Beach Front Restroom Located At 21
Street.
Joint City Commission and Redevelopment Agency.
ACTION: Heard in conjunction with R7F. Resolution No. 490-2004 adopted. Motion
made by Commissioner Smith; seconded by Commissioner Bower; Voice vote: 7-0. Christina
Cuervo to handle.
Handout and Reference Materials:

1. Color map of the City of Miami Beach, prepared by W. Dale Bryant.

35
AFTERACTION
November 10, 2004
City of Miami Beach
11:09:20 a.m.
B
A Resolution Of The Chairman And Members Of The Miami Beach Redevelopment Agency
(RDA), Setting The Dates For The Year 2005 Redevelopment Agency Meetings. Joint City
Commission and Redevelopment Agency
.
ACTION: Heard in conjunction with R7G. Resolution No. 491-2004 adopted. Motion
made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 7-0. R.
Parcher to handle.
11:09:39 a.m.
C
(RDA) Authorizing The Chairman And Secretary To Execute A Retail Lease Agreement
Between The Miami Beach Redevelopment Agency And ArtConnection International, Inc.,
For Suite #6 In The Anchor Shops, Located At 100 16th Street, Miami Beach, Florida; Said
Lease Term For A Period Of Eleven (11) Years, Commencing Retroactively On November 8,
2004.
ACTION: Resolution No. 492-2004 adopted. Motion made by Commissioner Smith;
seconded by Commissioner Garcia; Voice vote: 6 0. Christina Cuervo to handle.
D
(RDA) Authorizing The Executive Director To Execute A Letter Agreement Between The
Miami Beach Redevelopment Agency And Adolfo Dominguez USA, Inc., Defining The Terms
And Conditions By Which Adolfo Dominguez USA, Inc., May Terminate, Prior To Expiration
Of The Term Provided Thereunder, Its Retail Lease Agreement Of Suites 1, 2, 3 And 4 In The
Anchor Shops, Located At 100 16th Street, Miami Beach, Florida.
ACTION:
Item withdrawn by the Administration.
Commission
Agenda. Christina Cuervo to handle.
Lilia Cardillo to place on the
11:10:25 a.m.
E
Appropriating And Authorizing Reimbursement To The Courts In The Amount Of $458,627 In
Available South Pointe Redevelopment Trust Funds To Reimburse The Courts At South
Beach, Ltd., For Street Improvements To First Street Between Jefferson And Washington
Avenues And To Meridian Avenue Between First And Second Streets, Pursuant To The
Fourth Extension And Clarification Agreement, Dated July 26, 2000, Between The Miami
Beach Redevelopment Agency, The City Of Miami Beach And The Courts At South Beach
Limited, A Florida Limited Partnership F/K/A Cobb Partners South Beach Limited.
ACTION: Resolution No. 493-2004 adopted. Motion made by Commissioner Gross;
seconded by Commissioner Smith; Voice vote: 7-0. Christina Cuervo to handle.
Gil Zriny spoke on behalf of the residents of South Pointe.
Handout or Reference Materials
1. Two pages of color copies of four images titled Courts/Cosmopolitan Project Streetscape improvements
2. Letter from Gil Zriny to Chairman and Members of the RDA, RE: Payment to Cobb Partners, with
attachments including three pages of color copies of images from Cobb Construction The Courts
project.
End of RDA Agenda
36
AFTERACTION
November 10, 2004
Meeting adjourned at 5:49:19 p.m.

37
City of Miami Beach

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AFTERACTION

November 10, 2004

City of Miami Beach

City of Miami Beach - City Commission Meeting

Certificate of Appreciation/Eugene Woodard, Budget Advisory Committee Member.

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

Board and Committee Appointments.

City Attorney's Status Report.

Report of Itemized Revenues/Expenditures of RDA for September 2004.

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

Meeting called to order at 9:17:52 a.m.

November 10, 2004

City of Miami Beach

November 10, 2004

City of Miami Beach

November 10, 2004

City of Miami Beach

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

C2 - Competitive Bid Reports

Request For Approval To Award A Contract To Magna-Tech Electronic Company, Pursuant To

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

C6 - Commission Committee Reports

Report Of The Neighborhood/Community Affairs Committee Meeting Of October 25, 2004: 1)

November 10, 2004

City of Miami Beach

Item No. 3C:

November 10, 2004

City of Miami Beach

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

A Resolution Setting A Public Hearing On December 8, 2004, Pursuant To The Requirements Of

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

A Resolution Setting A Public Hearing On December 8, 2004, To Consider Approving On First

Supplemental Material: (Resolution)

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

Supplemental Material: (Resolution)

Supplemental Material: (Resolution)

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

Prepared by the City Clerks Office

November 10, 2004

City of Miami Beach

Prepared by the City Clerks Office

November 10, 2004