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HomeMy WebLinkAboutCC 2013-06-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, June 27, 2013 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes June 27, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCE SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS ES - EXECUTIVE SESSION BI - BUDGET DI - DISCUSSION ITEM PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Gort, Chair Sarnoff, Commissioner Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 27th day of June 2013, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Planning and Zoning Commission Meeting was called to order by Chair Sarnoff at 9:19 a.m., recessed at 12: 29 a.m., reconvened at 2: 39 p.m., recessed for an Executive Session at 2: 42 p. m., reconvened from the Executive Session at 4: 06 p.m., recessed at 6:13 p.m., reconvened at 6: 28 p. m., and adjourned at 7: 37 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9: 24 a.m and Commissioner Spence -Jones entered the Commission chambers at 9: 32 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager ToddB. Hannon, City Clerk Chair Sarnoff I want to welcome everybody to the June 27, 2013 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Wilfredo [sic] Willy'Gort, Vice Chair; Frank Carollo; Michelle Spence -Jones; Francis Suarez; and myself, Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Suarez and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00748 PRESENTATION Honoree Presenter Protocol Item Cops for Cancer Cure Mayor Regalado Proclamation Discovery Vice Chair Gort Certificate of Communications, Inc./ Appreciation Discovery Networks Latin America/US Hispanic Sandra DeLucca Developmental Center Special Olympics Softball Team Camila Victoria Romero - Junior Orange Bowl Queen Vice Chair Gort Certificate Vice Chair Gort Certificates/Merit Commissioner Suarez Salute Officer Willie J. Calhoun Commissioner Memorial Resolution City ofMiami Page 3 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Spence -Jones Cuthbert Harewood Commissioner Spence -Jones Melton Shakir Mustafa Commissioner Spence -Jones 13-00748 Protocol Item.pdf PRESENTED Outstanding Citizen Living Legend 1. Mayor Regalado saluted various members of the Miami Police Department in honor of their outstanding service for the Cops for Cancer Cure Ride'£n tribute to the personal battle of the late Bella Rodriguez -Torres whom was feted as the Miami Police Department's Honorary Chief of Police during 2013; further recognizing their initiative, determination, ingenuity, physical fitness and largesse as they showed the world community what it meant to Live Like Bella." 2. Vice Chair Gort presented a Certificate of Appreciation to the Discovery Networks Latin America/US Hispanic Office, in honor of its outstanding service during Discovery Communications, Inc. 's Fourth Annual Day of Service, Discover Your Impact Day,"further acknowledging the participation of more than 120 employees who spent the day at the Sandra DeLucca Developmental Center participating in landscaping, arts and crafts or track and field activities. 3. Vice Chair Gort presented a Certificate of Recognition to the Sandra DeLucca Development Center for their dedication and commitment to enhancing the lives of individuals within the City ofMiami through the delivery of recreational, leisure and daily living skills programs to children and adults with disabilities since 1973. 4. Vice Chair Gort presented Certificates of Recognition to the players and coaches of the Sandra DeLucca Development Center G.E.T F.LT Softball Team for their outstanding competitive spirit and selection to represent Miami -Dade County in the 2014 National Special Olympics games to be held in New Jersey. 5. Commissioner Suarez paid tribute to Camila Victoria Romero, 2013-2014 Junior Orange Bowl Queen, in recognition of her spirit for civic engagement and participation in several community projects that directly benefit the people of South Florida. 6. Commissioner Spence -Jones recognized Living Legend, Melton Shakir Mustafa, in honor of his outstanding service, goodwill and commitment to excellence as a Liberty City -born musical genius who is respected and admired by musicians everywhere. 7. Commissioner Spence -Jones paid a Special Memorial Tribute in memory of Officer Willie James Calhoun, in recognition of a lifetime of contributions as a Distinguished Pioneering Miami Police Officer who used his exceptional expertise to foster historical preservation and to bring communities together in service to the underserved in a commitment to excellence and the development of the spirit of community in the City ofMiami. 8. Commissioner Spence -Jones paid tribute to Cuthbert Harewood, Jr., Mr. Broadway,"as a Distinguished Citizen whose ongoing commitment and unselfish philanthropy has created a wellspring of hope and goodwill within our community. Chair Sarnoff Okay, we'll now make the presentations and proclamations. Presentations made. City ofMiami Page 4 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones MAYORAL VETOES Chair Sarnoff Mr. Clerk -- Commissioner Suarez: What about the minutes? Chair Sarnoff Can we have a motion to approve the minutes? Commissioner Suarez: I move to approve the minutes from the Planning & Zoning board hearing of May 23. Commissioner Carollo: Second. Chair Sarnoff There's a motion. There's a second. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. ToddB. Hannon (City Clerk): Thank you, Chair. Chair Sarnoff I'm going to miss your notes; you know, those courtesy notes, but don't ever write DA'before because I know what that stands for. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff Oh, yeah, here's something) could take care of. Commissioner Carollo: Another pocket item? Chair Sarnoff No, they've been after me all morning for -- all day for this. So, Mr. Clerk, are there any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. ORDER OF THE DAY Chair Sarnoff We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Mayor, Manager, and City Clerk, as well as members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours and at the City Clerk's office and is also available online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the City of Miami Page 5 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 item. Please, no cell phones or other noise -making devices. Silence them now. Any person who becomes unruly or makes offensive comments at the Commission meeting will be barred from attending meetings in the future. Anyone who has a disability that requires auxiliary aids, please contact the City Clerk. And the meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Thank you, Mr. Chair. Chair Sarnoff Thank you. Does the Administration -- let's start with them first -- wish to change, amend, modifi, any of the agenda? Johnny Martinez (City Manager): Yes, Mr. Chair. I'd like to -- Chair Sarnoff You're recognized for the record, Mr. Manager. Mr. Martinez: RE.1, I would like to withdraw it. RE.3, defer to July 25. Chair Sarnoff All right. Any Commissioner wish to amend any portion of the agenda? All right, do we have a motion, then, for the Manager's -- Commissioner Spence -Jones: Second. Chair Sarnoff -- RE.1 -- Commissioner Suarez: Move it. Chair Sarnoff -- and RE. 3? We have a -- Commissioner Suarez: Move it. Chair Sarnoff -- motion by Commissioner Spence -Jones, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Later... Chair Sarnoff (INAUDIBLE) on the record. How many people are here for Little River Club? Vice Chair Gort: Two. Chair Sarnoff Okay. That -- I believe that has a time certain of 6 o'clock, so I just want to give you a heads up on that. Time certain 6 o'clock. So if you feel like you want to go somewhere, if you don't feel like you want to go somewhere, this is a truly compelling, great government body to watch and learn from so feel free to stay. But I just want you to know it'll be 6 o'clock. Alex Desir: (UNINTET,TIGIBT,F) got to be to work at (UNINTELLIGIBLE). Chair Sarnoff What's your name? Vice Chair Gort: Yeah, keep working. Mr. Desir: Desir. City of Miami Page 6 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff What is it? Mr. Desir: Desir. Chair Sarnoff Desir. Mr. Desir: Desir. Chair Sarnoff Tansir [sic]. Mr. Desir: Desir. Chair Sarnoff Desir, okay. We'll make sure that we save a spot for Desir to speak. Mr. Desir: Thank you. I'll be back. Chair Sarnoff All right. Mr. Desir. Thank you. City of Miami Page 7 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 9:00 AM PH.1 13-00642 Department of Community and Economic Development PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT SEVEN TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RELIEF INITIATIVE ROUND I CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, EXTENDING THE CONTRACT FROM JULY 31, 2012 TO JUNE 30, 2013, FOR THE PURPOSE OF OBTAINING ADDITIONAL TIME TO COMPLETE THE REHABILITATION OF THE PROJECTS THAT SUFFERED HURRICANE DAMAGE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FUTURE AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NEEDED. 13-00642 Summary Form.pdf 13-00642 Pre -Amendments & Legislations.pdf 13-00642 Round 1 Disaster Relief Project.pdf 13-00642 Legislation.pdf 13-00642 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0242 Note for the Record: Please see Item RE.20 for minutes referencing Item PH.1 Chair Sarnoff All right, so we will start with PH.1. I thinkPH.1, we need to also take RE.20 at the same time. So, Mr. Clerk, I'm going to open up a public hearing on PH.1 and RE.20 simultaneously. Mr. Mensah, you're recognized for the record. George Mensah: Thank you, Commissioner. George Mensah, director of Community Development. PH.1 is a resolution authorizing City Manager to execute Amendment 7 to the 2005 CDBG (Community Development Block Grant) Disaster Relief Initiatives Roundl contract between Miami -Dade County and the City ofMiami. Vice Chair Gort: What item? Chair Sarnoff We're on PH.1, Commissioner Gort, and we're on RE.20 simultaneous. Vice Chair Gort: PH.1. Thank you. Chair Sarnoff All right. Does anybody wish to be heard on PH.1 or RE. 20? Public hearing is now open. Public hearing is now closed, coming back to this Commission. Is there a motion? Commissioner Suarez: Mr. Chair. City ofMiami Page 8 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 EM.1 13-00747 Office of the City Attorney Chair Sarnoff You're recognized for the record. Commissioner Suarez: This motion would be on PH.1 first, right, and then RE.20 -- Chair Sarnoff Correct. Commissioner Suarez: -- will be a separate motion? Okay, I move PH.1. Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion by Commissioner Suarez on PH.1, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please register aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF PUBLIC HEARING ORDINANCE -EMERGENCY ORDINANCE Emergency Ordinance AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC/DANGEROUS INTERSECTION SAFETY", MORE PARTICULARLY BY AMENDING SECTIONS 35-348 THROUGH 35-350 TO CODIFY THE USE OF HEARING OFFICERS/SPECIAL MASTERS AND A HEARING PROCESS FOR DISPOSING OF TRAFFIC INFRACTIONS IN THE CITY CODE PURSUANT TO CHAPTER 2013-160, LAWS OF FLORIDA TO CONTINUE THE TRAFFIC INFRACTION DETECTOR PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00747 Memo - Office of the City Attorney SR.pdf 13-00747 Florida House of Representatives FR/SR.pdf 13-00747 Description of Hearing Procedure - Red Light Camera Safety Prgm. SR.pdf 13-00747 Legislation (Version 2) SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Although Item EM.1 was scheduled as an Emergency Ordinance, the Commission modified it to a First Reading Ordinance. Note for the Record: Please see Item RE.18 and and Item D4.2 for minutes referencing Item EM.1 Direction by Chair Sarnoff to the City Attorney to perform an analysis of the current contract with American Traffic Solutions, Inc. (ATS) to determine any possible legal issues that may arise as a result of eliminating the red light camera program within the City ofMiami. City ofMiami Page 9 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Now we have EM. 1, Office of the City Attorney. Julie O. Bru (City Attorney): Okay. Mr. Chair and members of the Commission, I'm going to ask Assistant City Attorney George Wysong to present the item. Vice Chair Gort: We're talking about EM.1 ? Chair Sarnoff EM (Emergency). Commissioner Carollo: EM. Chair Sarnoff EM.1, page 7 of our agenda. EM 1. Vice Chair Gort: EM.1, yes. Okay. Chair Sarnoff I think we also take up, concomitant with that, RE.18. George Wysong: Right. Both of these -- the emergency ordinance and the resolution are here as a result of a recent amendment to the Mark Wandall Traffic Safety Act. George Wysong, Assistant City Attorney, City ofMiami. And in the particular statute, just as a brief history, the -- there were several bills pending in the Florida Legislature regarding the red-light cameras. This particular language was not sent through committees or anything like that. It came by way of an amendment to the 226-page Department of Highway Safety and Motor Vehicles bill, so it was inserted at the last moment. And of significant import and consequence to the City is that they changed the red-light camera system to the extent that under the current system, the violator is given three choices when they run a red light: They pay the $158 fine; they send an affidavit saying 1' wasn't driving; someone else was driving; 'br they do nothing and it converted to a uniform traffic citation. And under the statute, if you sent the affidavit saying 1' wasn't driving; someone else was driving, 'then a uniform traffic citation was automatically sent to the subsequent person. Under this new amendment, you still have those choices: You can pay the $158 fine; you could say 1' wasn't driving, 'except that the new -- instead of a UTC being issued, a Uniform Traffic Citation, the driver will receive a notice of violation, so they'll have the opportunity to pay the $158 fine. The third option is to request a hearing at the local government. They converted that from the state courts to the cities, municipalities and counties. And so the amendment requires us to designate because we are taking over the -- to a certain extent, we are taking over the hearings. The statute says the cities/counties 5'hall designate by resolution existing staff to serve as a clerk to the local hearing officer." So the resolution designates the Hearing Board's office to be the clerk. Now, that's a lot of responsibility. The City currently, in court, faces approximately 800 citations a month. Those are folks that have gone to the UTC stage. And if you go, you take your ticket to court, in addition to paying the $158 fine, you're subject to $119 in court costs, bringing your total to $277. The City, under this new amendment, will also be able to charge a reasonable fee for the court costs. That is in the process of being determined. By the time we're up and running, we will have -- so the -- a number in place so that then the violator will, if adjudicated guilty, have to pay the $158, plus a court cost to the City. And so the resolution is required by the statute. The emergency ordinance is a way of also indicating that we are in compliance with the statute, and we encourage your adoption of those. And I'll answer any questions, if you have any. Chair Sarnoff All right, is there --? Commissioner Suarez: Mr. Chair. Vice Chair Gort: Move it. Commissioner Spence -Jones: I just have a question. City ofMiami Page 10 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Vice Chair Gort: Yeah, for discussion. Commissioner Spence -Jones: Yes. Chair Sarnoff Let me take -- see if there's a motion and a second. Vice Chair Gort: I move it. Commissioner Carollo: Second for discussion. Chair Sarnoff Second by Commissioner Carollo. Commissioner Carollo: For discussion. Chair Sarnoff Okay. Let Spence -Jones go first. Commissioner Spence -Jones: Thank you. I just had like a couple questions. I understand -- or at least from my briefings, we kind of understood why we needed to do it, andl understand that there's a 60-day period to request for the hearing. But I just had two things. One -- the first thing is I just want to know, you know, how soon before this becomes, you know -- Mr. Wysong: Right. The -- Commissioner Spence -Jones: -- active? And then my question becomes, how do we communicate this message? Is this already ready to go on the website? Like how does the public know about how to address the issue? Mr. Wysong: These new changes. Yes. And you issued [sic] something that I did not mention, is that under the previous statute, you simply had 30 days to respond. The Legislature has extended that to 60 days. So how does the average citizen find out about this process? Our vendor, ATS, American Traffic Solutions, has a website that outlines this information. We have, I believe, information on the police website. And basically, a notice letter is sent out to the violator. The notice letter includes two photographs of the violation and one photograph depicting the vehicle with the tag shown, and it also tells you the site to go to. You log in, and you can watch the video of the driver driving through the intersection. And the statute comes into effect July I. The Governor signed it, and so it will be in effect July 1. Now, how will that impact the City? July 2, we won't have hearings because of those time frames. So if the violator runs the red light, we have something like 30 days to protest the violation, which means that it's initially reviewed by the Arizona folks, the ATS. They determine whether or not it is a potential violation or not. That information is then sent to the police department and a traffic infraction enforcement officer reviews the video and determines whether a violation occurred or not. That usually takes 20, maybe -- up to 30 days we can say. So then after that, the notice is sent out to the violator indicating that they have violated the statute. And so best guess would be late August, early September, by the time we start having -- Commissioner Spence -Jones: Hearings. Mr. Wysong: -- hearings here at the City ofMiami. Commissioner Spence -Jones: And in -- I'm assuming there is a website for this information now? Is that how it's going to be communicated to the public? Mr. Wysong: Yes. The -- ATS has that website. I don't know if the City's website has been updated. City ofMiami Page 11 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: I would assume that we would have to have it on ours, because ifI got a ticket in the City, I would want to know -- Mr. Wysong: Right. Commissioner Spence -Jones: -- I would go to the City first. So I would just say to the City Manager there needs to be something put in place to be able to properly communicate to the public how they're going to resolve it. So the second issue is a little bit more -- I had more of a issue or concern about, which was the hearing process. It does not fully explain the technical requirements based upon what I'm reading here. So can you further elaborate on --? Is this going to be -- is it going to be a notarized signature? Like what can we put in this language to make sure that it's clear what the individual needs to do to address the issue? Mr. Wysong: Okay. Commissioner Spence -Jones: Like there's no instructions on, you know, how to go about notarizing the signature or any of that. Mr. Wysong: Right. Now, when the person -- obviously, when the person receives the notice of violation, the City is bound by the fundamentals of due process, which means we have to provide them notice that they have violated something and an opportunity to be heard. And so that notice letter was carefully crafted, so the first thing that the potential violator will see is this notice letter, which has the explicit instructions of their choices and how to go about it. Commissioner Spence -Jones: Right. Mr. Wysong: And then -- like, for example, if they wanted to say that it wasn't them driving; it was somebody else, there is an affidavit that they click on on the website and it generates this affidavit, so then they submit that affidavit to either us or to ATS. So the notice of violation has all the legal requirements that the person has to abide by. And if that -- if it is determined that that legal notice was insufficient, then, of course, we would be subject to having our tickets thrown out. Commissioner Spence -Jones: Now, this -- and I'm not saying that -- I guess the thing -- I just want to be clear that -- you know, there's a presumption that the person automatically knows how to go about the -- Mr. Wysong: Right. Commissioner Spence -Jones: -- process of executing an affidavit. I'm not sure as to whether or not we should somehow further define it in that -- in the language that we have in -- Mr. Wysong: Right. I mean -- Commissioner Spence -Jones: -- the ordinance. Mr. Wysong: -- my fear is that -- Commissioner Spence -Jones: I mean, it wouldn't be a major change. It would be -- Mr. Wysong: Right. -- the -- Well, most folks know that there's such a thing as an affidavit, and that in order for the affidavit to be properly executed, you sign it and you notarize it. My fear is that if we attempt to render advice to folks as to how to fill out an affidavit, we might, you know -- there might be complications related with that. I mean, I think the affidavit part of it is pretty City of Miami Page 12 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 much self-explanatory for most people. The only issue I could foresee happening is someone indicating that they don't have Internet access, but there's libraries, there's things like that. And it is a pretty automated system. The various ticket defense lawyer firms have challenged issues like the notice, the procedures, and all that, and it -- we've been able to prevail in every action related to those things, so we're confident that the notice is sufficient for the violators. Commissioner Spence -Jones: Right. Let -- and -- overall, you know, I just have a overall issue with the red-light -- Mr. Wysong: Right. Commissioner Spence -Jones: -- camera issues, no matter what, you know, so -- but I understand why we do it. I understand that. One of the main reasons, you know, there's revenue coming into the City. As a matter of fact, I think we've actually earned more this last term, correct, Mr. Manager, on it? Johnny Martinez (City Manager): You're correct. Commissioner Spence -Jones: So, I mean, I just have some just -- in general, some issues with the ordinance -- Mr. Wysong: Sure. Commissioner Spence -Jones: -- you know. But I just wanted to make sure that there was some clarity on those two items that I had a concern about. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Let me ask a question. My understanding is -- How long is this red-light camera ticketing been taking place; two, three years? Mr. Wysong: Well, for some cities, they went -- Vice Chair Gort: No, here, here, Miami -Dade. Mr. Wysong: In the City ofMiami, I believe it's been -- Vice Chair Gort: Dade County, Miami -Dade County. Mr. Martinez: I think it's a little over two years. Vice Chair Gort: Okay. My understanding is -- because I paid three of them already. You receive the notice. That notice gives you all the explanation, all the procedure. Mr. Wysong: Right. Vice Chair Gort: My understanding is, if this is approved by the Commission, all we need to do is change the address where the complaint goes to. Mr. Wysong: Right. Vice Chair Gort: Instead ofMiami-Dade County court, it comes to us. Now, the question that I have is the procedure that's going to be utilized. I remember at one time, the City ofMiami had their own judge, where Winn Dixie is today on 20th Street and 12th Avenue, there used to be a city court system in there, so I imagine we -- the question is what procedures we're going to City ofMiami Page 13 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 utilize and where do we locate this individual? Suggestion has come up that maybe we can use the stations north and south; that makes it a lot easier for the people to go to the stations. Now, not everyone, especially in my district, have computers. So the one thing is we have to make sure that they receive the notification the same way they do in Dade County. Now, my understanding, that has been challenged and that challenge has not ruled against it, right? Mr. Wysong: Right. And even though it is a largely technologically driven system, we do send out first-class mail notices to everybody. They receive a notice in the mail, and they can reply using the mail system as well. Vice Chair Gort: I've become an expert at it. Mr. Wysong: And, Commissioner, yeah, back in 1977, they abolished the municipal courts. Vice Chair Gort: Right. Mr. Wysong: And there have been challenges as to these special magistrates, and perhaps I'm delving more into policy, but our suggestion would be based on the experiences of other municipalities that this would be the appropriate setting. Because our understanding is that most people receive the tickets and they don't view the violation online where they see themselves driving through. So when it's broadcast on these big monitors for everybody to see -- And that's essentially how the procedure works, is that the special master reviews the notice that was sent out and then they view the video. And whatever is seen on the video is what the special master determines. Vice Chair Gort: Okay, thank you. I'll let the -- our attorneys in here on this side to come up with ideas. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I don't know when the rest of the Commission first heard about this new law taking effect. I just saw it -- read it for the first time when the agenda came out. Mr. Manager, how come we haven't received an update from our legislative liaison regarding this? Mr. Martinez: It should have been on this list of updates. I don't know. Commissioner Carollo: In all fairness, I looked it up, andl think it was signed by the Governor on June 12, so I think this list came out beforehand. But still, we should -- you should be following up, and you should be giving us an update, 'cause this June 12 was before the last Commission meeting, andl think any one of us would have entertained -- what's it called? We haven't done it for a while, but when you request to speak on an item that's off the agenda -- "point of privilege; " hasn't been done for a while. But I think any one of us would have appreciated, because, apparently, this is pretty important, and now all of a sudden, we have an emergency ordinance. And, you know, I usually don't -- I'm not too fond of emergency ordinance because it's like -- you know, it's like a gun to our head. So is there any reason why we haven't received an explanation or a follow-up regarding to something that, it appears, could be potentially important to the City? Mr. Martinez: You're correct, we should have informed each Commissioner in advance of this emergency ordinance. I -- Commissioner Carollo: Mr. City Attorney, do we have to approve this? Mr. Wysong: My position is that because it is mandatory language in the statute, you do have to City of Miami Page 14 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 approve it, because here would be the fear: If we don't adopt it on or before July 1, everybody who receives a violation after July 1 will say that the City has not complied with the statute and then challenge all of those tickets. Commissioner Carollo: Mr. Manager, and the reason that I feel that our legislative liaison should be notifying the City or at least the Commissioners and definitely you -- and don't know when he notified you. I'm not going to ask you on the record but -- is because, you know, this is a short time span and realistically -- andl know Mr. Wysong mentioned that there's about 800 appeals or tickets a month. Are there 800 appeals? Mr. Wysong: Well, the way I view it is they're actual -- they're uniform traffic citations, so you get the notice in the mail and you have to appear. They're original tickets, like running -- so they're not technically appeals but -- by "appeal, "I mean, you're not appealing -- under the current system, you just get the uniform traffic citation and you have to appear and fight it. And if you fail to appear, you can be found to have failed to appear; they could suspend license and all that. Same sort of thing will happen here. You will get the notice of violation; you can either pay or challenge it. Commissioner Carollo: And what you're saying is that we are issuing 800 of these citations per month, more or less? Mr. Wysong: Actually, we're issuing -- Vice Chair Gort: More. Commissioner Carollo: More. The 800 -- Unidentified Speaker: Significantly -- Commissioner Carollo: -- appeals. Commissioner Suarez: (UNINTELLIGIBLE). Mr. Wysong: I would say that this -- the 800 is approximately 10 percent of all the tickets that are issued, so 90 percent of the folks just pay the $158. Commissioner Carollo: Right. And what I'm trying to establish is the 800 number, what exactly it is. So 800 appeals per month, more or less? Mr. Wysong: Right. Eight hundred folks are appearing in court on a monthly basis. Now, part of that is because every rental car driver, for example, that runs a red light doesn't have the option of paying the $158. Because of the way that the old statute said once you get that affidavit, it automatically became a UTC, uniform traffic citation, so a lot offolks had no other choice but to go to court. So I presume that some of those numbers will come down based on that fact alone, but then again, we have a lot offolks that like to challenge tickets so. Commissioner Carollo: Mr. Manager, do we have the resources to actually handle that case load? And that's one question, do we have the resources? My second question is: Do we have the expertise in our boards to handle these citations? Do we need to set up a new board? Vice Chair Gort: He's not an attorney. Commissioner Suarez: (UNINTELLIGIBLE) the answer. Commissioner Carollo: Yeah, but someone needs -- Listen, they're going to ask us to vote on this City of Miami Page 15 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 in a few minutes. Someone needs to answer these questions. Chair Sarnoff Special master. Commissioner Carollo: I understand that he may not be an attorney, but someone has to answer these questions, because the bottom line is, you know, they're asking us to vote on this and, by the way, in an emergency manner. So if we're going to vote on it, we'll wait two or three minutes, read it again, and vote on it again, so I think it's important. Vice Chair Gort: That's why I asked the question: What's the procedures? Do you all --? I'm sure you guys worked on it. Francisco Garcia: Absolutely. Francisco Garcia, Planning & Zoning director. Commissioners, we are prepared, certainly, to receive as many cases that come and dispense with them appropriately. And the system basically works like this: The Office of Hearing Boards, which happens to be under the Planning & Zoning Department, which is why I am speaking with you about this, is prepared to receive the appeals. The procedure has already been established. And the special masters, of which the City has presently, five who are all attorneys and therefore able to address these cases and hear these appeals, are on notice that should this item be approved, they will be charged with this additional duty. They are prepared to do so. Commissioner Carollo: And we're talking -- if it's approximately 800 a month, we're talking, what, four weeks? So 200 per week. That's a big case load, unless he's -- No? Vice Chair Gort: They go pretty fast. Chair Sarnoff Yeah, they -- have you ever been? These things happen really fast. Commissioner Carollo: No. Vice Chair Gort: Let me -- Commissioner Carollo: Unlike Commissioner Gort, I -- Vice Chair Gort: Well, let me tell you, I have the experience. I got the letter -- and have had three, because my daughter was one of them, and the car's under my name. You get the letter and you say, Oh, my God, what is this? Let me go on the website. Or you say, `7 didn't do this." You see the car, it's taken, and you can see the film also where they took the red light. I mean, there's no question about it. Chair Sarnoff I'll tell you a funny story. Connecticut used to take a picture of the front of the car, and they would then mail the ticket home. Just think of the implication of that. The pictures of the drivers are very clear, but so were the pictures of the passengers. So a couple of husbands happened to have been in the car with somebody else and that militated that they now only take a picture of the rear of the car. Commissioner Carollo: Understood. So again -- Chair Sarnoff So (UNINTELLIGIBLE). Commissioner Carollo: Okay, I -- Mr. Garcia, so you're saying that the Hearing Board will be prepared. I see in the state legislation that it also stipulates Code Enforcement, but in our ordinance, our emergency ordinance, there's no mention about Code Enforcement. Is there a reason for that? City of Miami Page 16 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Garcia: Yes, sir. And that is an administrative decision. The Code Enforcement Board, by its very nature, is a deliberative body, whereas special masters are officers who can more quickly dispense with these items on a case -to -case basis, so we thought the more efficient way to do it would be to assign it to the special masters. Mr. Wysong: And, Mr. Commissioner, I just also wanted to say the amendment to the statute indicates that the charter county, noncharter county, or municipality may use its currently appointed Code Enforcement Board or special magistrates. So, basically, this is the system that the Florida Legislature set up, is that the Code Enforcement Boards would take over the operation of the court system for these tickets. Except to the extent that if a person does not pay the 158, they don't send in the affidavit, they don't request a hearing, they will still get a UTC, and the courts will handle those limited cases. And just in case you were wondering, any appeals of these tickets -- like let's say somebody comes to the City, they lose, they want to appeal it to the higher court. They don't go to the traffic court; they would go to the circuit court, appellate division, as a code enforcement case would. Commissioner Carollo: And just a follow-up on what you're saying. I understand it says the Code Enforcement or special magistrate, so realistically, it could be either one. We're -- the Administration is requesting that we don't use the Code Enforcement Board. Mr. Wysong: It would be very tough to have a large board handling these cases. One of the special masters at one of the meetings we had indicated that he handles the average red-light camera, he said, within 35 seconds. I think that's a little generous in his time consumption. But basically, he says they don't take a very long time. They're maybe five minutes to hear the case, because as Commissioner Gort says, the video speaks volumes, and they just look to the video. Commissioner Carollo: Okay. I don't have any further questions for now. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. And ifI may, I'd like to include my discussion item as part of this item, because my discussion item had to do with yellow lights, and used that opportunity to actually look into this program. Obviously, this is a -- this is something different. Andl echo Commissioner Carollo's sentiments, because other municipalities, includingDoral, Aventura, St. Petersburg, Clear Water, Tamarac, Palm Coast, started discussing this issue, according to media reports, as early as May 28. That's a full month before we're discussing it here today. Of course, we waited till the last minute, and now it's before us on an emergency basis with scant analysis and scant ability for the public to be here and discuss this issue. I don't think there's many issues, other than maybe crime, where the public has been more vociferously oppositional to an issue than the red-light cameras in the City ofMiami. Now, let me talk a little bit about the substance of this amendment or of this incorporation of the state law. From a due process perspective, under the current system, a person who challenges a red-light camera ticket has a right to appear before a judge and use the rules of evidence, which is a powerful legal tool to defend themself Under the proposed system, the person would be -- would appear, as was mentioned, before a hearing officer and the rules of evidence do not apply. So that's a major tool that our citizens don't have to use to defend themselves. The hearing officers also are not required to receive any training. The only requirement is that they become members of the -- that they be members of the Florida Bar. So, in theory, we could have first year law students or first -year lawyers conducting these hearings. Our hearing officers work for the same entity that issues the ticket, which I think presents a conflict of interest because you're -- you have the hearing officers trying to collect the money for the very entity that's paying them their salary. The cost of appeal. This is a cost -shifting situation where now we are being told that we have to manage the 800 or 1,300, depending on who you believe because our -- the Miami -Dade report list it as 1,300 court appearances per month; you're listing it as 800 court appearances per month. Of course, there's no analysis as to what that's going to cost the City ofMiami. And City ofMiami Page 17 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 under the statute, it allows the fine to be increased to $408, something that, I can tell you, I'm not willing to support. So there's no analysis in the backup that talks about what is this going to cost -- andl think the Commissioner alluded to that -- the City ofMiami? How are we going to pay for it? Are we going to be told later on that we have to increase our fines from 258 -- $264 to $408? There's just no analysis on this issue. In addition, there's a $50 cancellation penalty; if a person challenges a ticket, then decides to cancel a hearing. As we said, there's been no discussions -- been scant discussion about where these hearings will be held. It'll be an average of 65 court appearances a day. So if you think about a day -- not 65 court appearances a week; 65 court appearances a day, so the volume of court appearances is tremendous, and I've heard nothing here that indicates to me that we're ready or prepared to deal with that. In addition -- and this goes to my discussion item really more than this issue, because I think they're obviously connected, and that's why I wanted to incorporate it. In February of 2008, the City Commission approved the red-light camera program. We've talked about it many times how this was approved before we arrived. In January 2011, the City installed 40 cameras at 19 intersections. Over the next 24 months, the Administration quadrupled the size of the program, installing 153 cameras at 96 intersections. We now have more cameras than the next six largest cities in Florida combined. We have more cameras than New York City, which is 20-times larger than the City ofMiami. On average, municipalities in Miami -Dade County with red-light camera programs have cameras at 5 intersections. We have cameras at 96 intersections. Why do we have so many cameras on our streets? Some would say it's safety. Well, a recent report indicates that almost half of our cameras, 46 percent, fail to produce fewer accidents in 2012 than in 2011. The report also indicates that we installed cameras at 12 intersections that had -- that only had one accident in 2011, and we installed cameras at 10 intersections that had zero accidents in 2011. So are we really installing cameras at the most dangerous intersections? Is the goal of this program really safety? To me, the answer is a resounding no. This is not about safety. This is about money. Over the last two and a half years, the City Administration has installed a camera on practically every street corner. That is wrong. It is abusive, and this legislation simply adds another layer of abuse. I urge all of my colleagues to vote no on this legislation. It's time to shut down this red-light camera program. And if there's any doubt as to what our rights are as a city in terms of what we can do in terms of removing our cameras, we've looked over the agreements and it says, andl quote, "Without invalidating the contract, the City reserves and shall have the right from time to time to make such increases, decreases or any other changes in the character or quantity of the work as may be considered necessary desirable, including but not limited to the addition or deletion of traffic intersections from the program. That's Article 24 of the contract. Changes in the quantity or character of the program shall be authorized only by change orders approved in advance and issued in accordance with the provisions and procedures of the contract in the City. Change orders shall not be required to add, delete, or modifi, the list of intersections at which the traffic infraction detector systems are installed. The City reserves a right to order changes which may result in additions to or reductions from the amount, type, or value of the work shown in the contract documents and which are within the general scope of the contract documents. That's Article 60. Where a traffic -- where an active traffic infractor [sic] system has been removed from the program or the contract has been terminated before completion for any cause whatsoever, the contractor shall promptly remove contractor's traffic infraction detector systems and any other equipment or materials. If the contractor fails to do so, the City has the right to remove such equipment and supplies at the expense of the contractor. Now, there's no doubt that we have a contract with this entity, and there's no doubt that if we were going to install a camera at an intersection that we would have to use this entity, but there's no requirement that we have any cameras at any intersections. Other cities, obviously Hialeah being one of them, recently discontinued their program. I think they paid $150, 000 fine or settlement, really. Doral, I think l just read an article yesterday that they are discontinuing or seeking to discontinue their program, andl think it's time for the City of Miami to do the same. I think our residents have spoken loudly, unanimously, if you ask me, and vociferously on this issue. And I think, you know, we've had many, many difficult decisions that have had a fiscal impact that we've had to make. We're going to have many more, because as we've mentioned in this body, one of the issues is our crime rate, City ofMiami Page 18 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 which has been up in the last three years 6 percent. And, you know, our Chairman has made an impassioned plea to increase our police force by a hundred police officers, which I support fully, but to make that a reality, we have to make tough choices and we have to make smart choices and we have to think outside of the box. So to me, this is about doing what's right for the citizens of the City ofMiami. On a host of different levels, I cannot support this legislation. I think it's time to end this program, andl hope to have the support of my colleagues in this. Thank you. Chair Sarnoff Well, let me say something, andl respect what my colleague to my right has to say, but let me talk-- andl don't think I'll change his opinion, but I'd like to change anybody else that might consider whatl'm about to say. When Chief Timoney was here -- and Commissioner Spence -Jones, I was concerned about the murder rate then -- he brought to my attention that the City ofMiami had the biggest traffic homicide fatality rate in the nation per capita. We also had the second highest traffic vehicular accident rate in the nation. And the data that have seen, I'm not going to say at each intersection where we have a camera infinitum, demonstrates between a 25 to a 30 percent reduction in traffic fatalities and traffic accidents. I voted for this in 2008, and this is one of my most prideful votes, because this is not a populace vote to make by any stretch of the imagination. But the bottom line seems to me -- andl equally have incurred one of these tickets in my family and, you know, when that person did it, I said "Did you do it?" She goes, Absolutely. "Andl could tell you that it has changed the way I drive. It has slowed the way I drive. I used to be a guy that used to look forward to the yellow light and try to zoom right through it. And now when I see the yellow light, I do exactly what the intention was, which is to brake, because ifI can brake, that's whatl'm supposed to be doing. So this was never, to me, about the revenue that we bring in, though the revenue will have its own implication come budget season; though the revenue will have an implication when it comes to talking about police. What mostly concerned me was a chief of police addressing me when I wanted to talk to him about the homicide rate in Miami, and he told me the homicide rate that I need to concern myself with is the traffic homicide rate; telling me that we weren't number 3, number 10, number 11; we were number 1. Based on the data that I've seen, we are no longer number 1. We're not even in the top five in the nation any longer for traffic homicide. I do make that causal link between red-light cameras and people respecting the law. Now, the other comment made is there's no due process. I got news for you. If a third -year law student cannot figure out due process for this issue, then he probably shouldn't get that graduation and probably then shouldn't pass the Florida Bar. We all learn con law our first year in law school. We then have to take it the second year in law school. Due process is the fundamental foundation that even a contract, real estate, everyone -must -know constitutional law. I would suspect and hope that the people that we hire as our special masters would be people who understand and have done either Code Enforcement issues before or maybe have an expertise, to some degree, in traffic issues or criminal law. Criminal lawyers of course are very good at constitutional law, but I don't take anything away from civil lawyers either, because they understand constitutional law very, very, very well. I've always made this -- my first job as an attorney -- well, my first job as a law clerk was for First City Court in New Orleans. First City Court in New Orleans was where we handled public drunkenness, traffic citations, all the things that the larger county court did not want to handle. Now, it was wrought with its own issues, but that is where we dealt with the minutia of the volume of issues. I've always wanted to bring back to the City ofMiami a first city court. I think it'd be a wonderful thing to have, so long as we can tamp down any of the abuses associated therewith. I know it's been, I think, legislatively done away with, but if you want to have direct and available due process, that is best served here at City Hall; it is best served by somebody looking at that screen and saying, 1's that you in the car? "Well, it looks like me, but I think it's a third person, a double. "Well, how come you didn't fill out your affidavit?" Well, I don't want to get that person in trouble. "Do you happen to have a twin brother ?"1'do. "Okay, there's your due process argument right there and that will be vetted out. But most of us don't have twin brothers. Most of us don't have Doppelgangers. Everybody know what a Doppelganger is? Vice Chair Gort: No. City ofMiami Page 19 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Direct image of ourselves. In theory, in this world there's a direct opposite person of us, a Doppelganger, somewhere in this world. So other than the fact you may have a twin or a triplet or a Doppelganger, which I'm not sure is scientifically proven yet -- Vice Chair Gort: I have a few of those. Commissioner Carollo: I've met your Doppelganger, by the way. I think he's been doing all this left-hand and right-hand -- Vice Chair Gort: Yeah. Chair Sarnoff -- turning for you. So -- Vice Chair Gort: He's the one that got the tickets for me. Chair Sarnoff Right. I support this. And the only thing would have liked, Mr. Manager -- and I understand why this is an emergency. The only thing would have liked would have been the paper that I've read, that's been submitted by the Administration that demonstrated the reduction in traffic accidents as a result of this program. Now, I don't know that every intersection demonstrates or doesn't demonstrate that particular reduction. But from a policymaker standpoint, I'm always going to vote for something that will, in a city that had the traffic homicide rate in the nation, do something to at least take aim at reducing the highest traffic homicide rate in the country. Thank you. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Yeah. Let me do this. Let me open up a public hearing, and then we'll come back to the Commission. So a public hearing is now open on EM.1. You're recognized for the record, Mr. Cruz. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. My issue had to do is -- I don't see any City residents or City taxpayers here that going to be affected by this so they would know. Even me, I am a living City taxpayer. I am a City resident, not a taxpayer. I only pay garbage or solid waste fee. I even remember when the red-light camera was approved by -- I call it a green light, green, the green. The money green. That what it was. There was only me, me was here to speak about. On the other side, I got Alice Bravo, everybody got -- Miguel Diaz de la Portilla, Carlos Gimenez, Jr., or American Traffic Solution had the high paid lobbyists. I was in Hialeah last June when Hialeah eliminate the red light program and now Doral is eliminate. I used to go once a month to Carino Restaurant to have dinner there. I stopped going there because they got red lighting all (UNINTELLIGIBLE) 36th Street, it's on, Carino, 36 and 84. I tell -- and told the guy -- people, I won't be coming here. Now they talking about eliminating the red-light cameras, and that's it. The thing that the City got to do something is about the traffic violations in the neighborhood. Like the other day, I was involved in an accident about half a block from my home on 26th Street. I am driving east June 24, Monday, like a quarter to 7, the sun was right in front of me. I didn't see -- look -- go very slowly, made the stop on 13th Avenue, go slowly with the light -- the sunlight in my eyes, and there is a truck parked in the middle of the street that -- 'cause they doing there. They parking in the middle of the street, not caring about anybody. So the last minute I saw it, I veered to the left. Luckily, there was no car coming eastbound. I am going westbound, and it hit me. You know, just the aim of my (UNINTELLIGIBLE). I got no problem. Rescue came right away. The police people came right away. Even ifI don't pay for the service, they came. Chair Sarnoff In conclusion. City of Miami Page 20 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Cruz: In conclusion. In conclusion, this should have been advertised. I don't know. I don't see the reason of an emergency ordinance there. Chair Sarnoff Thank you very much. Mr. Cruz: Right. Okay. Thank you. Chair Sarnoff Mr. Ortiz, you're recognized for the record. Javier Ortiz: Javier Ortiz, Fraternal Order of Police, president. We're in support of the red-light cameras. However, we're not in support of having a code enforcement board making the decisions. I think it should be done by a special magistrate, not only as a law enforcement officer but also a citizen, a resident here in the City ofMiami. I know that ifI get a red light ticket, I should be afforded that due process. And to have a code enforcement board which, by the way, they don't even get compensated -- but for them to be sitting there to hear 800 appeals a month I think is irresponsible if this Commission decides to put that burden on that board. And again, I believe it should be put in front of a special magistrate. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on EM.1, EM.1, please step up. Hearing none, seeing none, coming back to the Commission. Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you, Mr. Chair. I hope my dope -- my -- what is it, Doppelganger Chair Sarnoff Doppelganger. Commissioner Suarez: I hope he's in the Bahamas having a Pina Coloda and reading a good book right now. Anyhow, what was going to say is, look, I, you know, appreciate your sensitivity to, you know, whether or not the red-light cameras have, in fact, in some intersections reduced traffic accidents. Obviously, I think that in a good portion of them, they have not. I think there's inconclusive evidence as to whether or not the red-light camera program actually does reduce accidents. There's been some studies that show that it increases rear -end crashes. And there's also other methods that think the City hasn't really explored, and this goes to my discussion item, which was that other cities across the state were actually reducing the amount of time of yellow lights to increase the revenue that they were receiving. That's what prompted me to start looking into this program. And studies have shown that actually doing the exact opposite reduces a tremendous amount of accidents, increasing the duration of yellow lights, so that's something that the City can do; that all the studies, as far as the research that we've done, unanimously show that increasing the duration of yellow lights, possibly even combining it with yellow light counters, which actually count down, you know, the amount of time that a driver has visibly before the red light is going to -- you know, before the light is going to change from yellow to red would have a significant impact on all intersections and people could know, you know, how they have to slow down, at what rate they have to slow down to make sure that they are able to stop on time without creating a danger for themselves. So, you know, the other issue is, you know, there's a lot of people in this community and in this City that feel that this is an arbitrary and involuntary tax. The City ofMiami generates obviously $4 million in revenue, but the citizens pay $10 million in fines, because the City only gets 40 percent of -- so the City -- the citizens are bearing the brunt of the cost of this program, and the City's getting a very minimal return, andl think that's why there's sometimes a disconnect with what the citizens are feeling in terms of what they're paying and what we, as a city, are realizing in terms of revenue. So you're absolutely right; I'm not going to change my mind on this. Andl hope I can get -- convince at least one or two of my colleagues to follow suit, because I think it is time to send a clear message to the residents of the City ofMiami that we put their interests before any others. Thank you. City ofMiami Page 21 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Martinez: Mr. Chair -- Commissioner Spence -Jones: Mr. Chairman. Mr. Martinez: -- may I --? Oh, I'm sorry. I'll yield. Commissioner Spence -Jones: I'm sorry. Chair Sarnoff Oh, you're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: All right. Chair Sarnoff Then I'll go to the Manager, then I'd like to comment on two issues that Commissioner Suarez said so -- but I'll take everybody ahead of me. Go ahead, Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman. There's a couple issues that actually -- thatl kind of want to address. I think, first of all, that Commissioner Suarez obviously has really looked at this issue over and over again to really expound on it the way that he has and actually provided me with a lot of clarity on why this thing wasn't feeling good to me, you know. Andl said from the very beginning when I -- you know, when we talked about it andl asked my first two questions on the issue. You know, I made it very clear that this was -- I've already had a issue with the red-light cameras from day one, but regardless of that, I think one of the strongest arguments that I think he made -- and this is a reality -- is when he mentioned the fact of up to 65 per day that, you know, we would have to be -- have to deal with here. Andl agree with police and his comment about the special magistrates, that that should definitely be something that's separated. Code Enforcement is already overloaded and now to add this to, you know -- or not only overloaded it but also feel under supported -- not supported as much as they should be by the Administration. So now to dump this on top of that, I think, is a lot to ask for. Another very good point I think that Commissioner Suarez made, you know, was, you know -- and this is the reality -- is have we done any kind of analysis as to is there going to be a cost associated with doing this? And if Danny is saying yes, then I think he should put that on the record to address it. But let me just go through on my points and then you can address them. So I think it is important for us to understand what kind of impact it will have on the City, what kind of impact it will have on us financially, so I think that's important to understand. I agree with the Chairman about the issues -- I think the original discussions about the red-light cameras was always centered around safety, you know, andl do remember having a brief discussion about this early on before I left, but I know that I was not involved in voting on the item for, you know, red-light cameras. I was not even -- I wasn't here. I believe that was in 2010. So we might have, with Timoney, talked about the issue of how we could reduce accidents, but I just don't recall. Andl also asked the Administration if they could pull back up the discussions we had in 2008, 'cause I don't recall voting on a camera system. I don't think that that hap -- that must have happened after I left, 2010, so I wasn't a part of you know, even the analysis on whether or not we should do it or not. But I can say this, and it's important to say this, that most of the discussions that the Administration has with me about the cameras is not really about safety. It's really about money, you know. It's -- you know, if anybody's saying something to me about it or briefing me on it in any kind of manner, they're not really talking to me about, "Well, Commissioner, we have, you know, reduced the number of accidents." So I would like an answer on, you know, this question as to whether or not we have reduced accidents, because you have Commissioner Suarez saying that it hasn't and then, you know, you're saying that it has, so I think the Administration should clear that up. We would like to know, as a body, if it's -- what's true and what's not true. But the conversations have all -- since I've been back, have always been about -- with budget or with -- so I'm just being real, keeping it real -- City Administration. "No, Commissioner. The red-light cameras, you know, are producing these amount of dollars," and so that's the reason for the support, not safety driving the message. So I want to be very clear. So it is about the money. City of Miami Page 22 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 The other issue and concern that have is I understand that the reason why this emergency ordinance was put on was because it was passed by -- in Tallahassee and that we really had no choice, you know, in the matter as to making a decision as to whether or not we needed to put something in place. So then I'd like the Administration to answer the question for me. I mean, do we really have a choice in this matter as to whether or not, you know, we have -- andl see Kirk is here now -- do we have a choice or an option to not act on this issue? I mean, are we going to be in some sort of violation, or is there going to be an issue for the City if we don't? And then last but not least, just on a personal level -- I don't know who was the one that mentioned it. It might have been Commissioner Suarez. You know, as I said from day one, I've always had an issue with the red-light camera, and not necessarily, you know, the issue around the safety, 'cause I understand where Marc is going with that. 'Cause I think that it is important if people are running lights and people are getting hurt, we should have that. But I do agree with Commissioner Suarez on the issue of abuse of the cameras. And now when he takes the item and he breaks it all the way down and when I get a briefing from the Administration and say -- and they're telling me, Oh, Commissioner, we have increased, you know, our revenue from these cameras. "Never is the other part of it communicated, "Well, there's additional cameras being put up. "My -- the viewpoint is why -- and I'm saying to myself "Wow, people are just really getting crazy with their driving." I'm not thinking that there's more cameras being added around the City. I'm just thinking that people are driving more recklessly. So I just think that the Administration sometimes -- and I'm just going to say this, Johnny. I think that it's really important for all the Commissioners that -- If Suarez didn't dig deeper into the issue, we would have been left with just a -- the briefing that was given to us that didn't really look at all of the issues around it, you know. I had no idea that we had increased the number of cameras, so that's why we had more revenue, you know, so -- andl know in my community that serve, the complaints that have received on the camera -- cameras, you know, is that it does -- you know, there are -- there were a lot of complaints, and there are a lot of complaints in the areas in which I represent that these cameras have become hardship to them. So I just -- I want to say that I agree definitely with Commissioner Suarez andl support him, you know, in this issue, because I do think that some things do need to change on it. I just want to have clarity on the three questions that asked on this issue. One, what happens if we don't pass it? So ifI can get an answer on that, I really would appreciate that before we go onto the next question -- I mean, to the next person. Two -- so that's one: What happens if we don't pass this? The second part of it, what is the fiscal impact, Danny, on this issue as to whether or not -- and that's really it, those two. What is the -- oh, no. And then also the safety, what is actually the actual numbers of reduction or the reduction in -- Mr. Martinez: We'll -- Commissioner Spence -Jones: -- (UNINTELLIGIBLE)? Mr. Martinez: -- answer all those questions. Commissioner Spence -Jones: Okay. Mr. Martinez: I just wanted to make a statement. Back in 2010 when Manager Migoya was here, he asked me to kind of take the lead -- Commissioner Spence -Jones: Yes. Mr. Martinez: -- with the red-light cameras. And at that point, I had the full support of the Commission at that time. Andl said that the revenues was secondary. What we needed to do was change behavior, change the behavior of the people that are flagrantly and deliberately breaking the law. Commissioner Spence -Jones: Right. City of Miami Page 23 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Martinez: Those are the only people that are going to get tagged with a violation. And thank you, Commissioner Gort, for contributing to our general fund But it's a race -neutral program. It just looks at the tag and it gets the people that are violating the law willfully and flagrantly every day. It organizes the intersection. Has it changed behavior? I think that's the number one question we need to ask. Has it changed behavior? My observation -- 'cause I haven't done a study or anything like that, but my observation is that it does, 'cause I travel through these intersections that have the cameras every day andl see people slowing down to stop at the cameras. Before, they would see the yellow light and hit the pedal and run through it and it wasn't -- it was chaos at the intersection. There was conga lines making left and violating the law. Secondary to that is the revenue that it generates. I think it's close to $3 million net to the City, which funds I don't know how many (UNINTELLIGIBLE) -- Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): The net is like 3.4 million. Commissioner Carollo: (UNINTELLIGIBLE) 3 point -- yeah. Mr. Martinez: Okay. You know, which funds X'bfficers. And at that time in 2010I said, "Our goal is to have zero revenue, because if we have zero revenue, it means that everyone is obeying the laws of the intersection and there's not chaos there," and that was the goal. So we've put up more cameras at more intersections to bring more revenue. As people go through there and get ticketed, they're going to have less of an incentive to run through the intersection, so eventually I think it'll diminish, but you'll have a safer intersection. Now, I've read many instances in the papers where the red-light cameras have helped solve crimes. Commissioner Spence -Jones: Yeah. Mr. Martinez: People that say, "No, he ran the light, and it was the cop that hit me", and all those things are sorted out through the video of the cameras. And we have officer -- Chief Llanes here that can talk a little bit about that. Commissioner Spence -Jones: Well, I want my questions answered first. Mr. Martinez: Yes. No, we'll have it. Commissioner Spence -Jones: Can we do that before we go into --? I'm sorry. Mr. Martinez: The first one, I guess, is a legal question. Commissioner Spence -Jones: The first one is the fiscal impact. Is this going to have -- if we're doing 65 per day, I mean, what -- is there a fiscal impact? I'm not talking how much money we'll gainfrom, you know, the program. How much money we gainfrom the program, but what is the fiscal -- what -- has there been an analysis done on -- Mr. Alfonso: Okay. Commissioner Spence -Jones: -- on now --? Mr. Alfonso: Yes. Commissioner Spence -Jones: 'Cause this literally becomes a whole 'nother system that we now have to operate. Mr. Alfonso: Correct. So we sat and preliminarily looked at the cost of running such a program City of Miami Page 24 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 with the special magistrates and a couple of staff members to assist in getting the cases ready, et cetera, et cetera. The total cost all in would be around $900, 000. Given the case load -- that means that the -- per case, assuming about a 10 percent failure rate, meaning that you don't charge somebody anything -- it would be about $85 per case. That's what you would have to charge, and that's lower, I think, than Aventura at 100 and the state at 122 or -- Mr. Wysong: Yeah, the state is 119. And the Statute allows us to charge the violator up to $250 for the cost so it should be revenue neutral, I guess -- Mr. Alfonso: Right. Mr. Wysong: -- to the City. Mr. Alfonso: In theory, if we charge $85 per case, it would be revenue -neutral. It would cover the cost. Commissioner Suarez: Wait, wait. Can I interject on that -- Commissioner Spence -Jones: Why are we doing that? Commissioner Suarez: -- Mr. Chairman? Chair Sarnoff Go ahead. Commissioner Suarez: So, first of all, none of this was included in our backup, correct? Mr. Alfonso: No, I understand it was not in the backup 'cause it was done later. Yeah. Commissioner Suarez: Okay, so that's number one. Number two, when you talk about revenue -neutral, if we're getting a certain amount of revenue right now and we're increasing the cost by $900, 000, then the only way for it to be revenue -neutral -- Mr. Alfonso: Is to charge the $85 per case when you file the appeal. Commissioner Suarez: No, no, no, no. (UNINTELLIGIBLE) increase the fee to the -- so the argument -- Mr. Alfonso: Right. Right now, if you appeal it to the court, you got to pay $ 119. Commissioner Suarez: Right. Mr. Alfonso: So here it will be 85. Commissioner Suarez: So what I'm saying -- but I want everyone to understand -- Vice Chair Gort: Yeah. Commissioner Suarez: -- that what we're talking about here is not only -- it's actually increasing the actual fine that the person would have to pay, and that's important. Mr. Alfonso: Yes, (UNINTET,TIGIBT,F) Commissioner Suarez: Because that's the action that we will be taking here, in effect. Not only would we be ratifying this program, okay, but we would be increasing -- to our residents, we would be increasing the fee that they have to pay for an appeal -- City of Miami Page 25 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Alfonso: Only -- and that would be lower than they have to pay to the current state. In other words, currently to the state -- if they don't pay the 5158 fine and they go to the state court system, they have to pay 5119 above the 5158 ticket. Commissioner Suarez: Correct. Mr. Alfonso: If they take it to the City under this system, they would pay the 5158 fine and the 585 estimate if they lose. If they win, they don't pay nothing. Commissioner Suarez: Now I'm confused. Mr. Alfonso: I'm not sure how. Commissioner Carollo: Mr. Chairman. Mr. Alfonso: Let me try to explain it again. Commissioner Suarez: Well -- Chair Sarnoff All right, all right. Commissioner Suarez: -- it would have been nice -- Chair Sarnoff Stop, stop, stop, stop. Commissioner Sarnoff. -- if we would have gotten the information before the fact. Chair Sarnoff Stop. Commissioner Carollo: Can I just -- Chair Sarnoff Let Carollo go. Let Commissioner Carollo go. Commissioner Carollo: Thanks. I think when Danny mentioned as far as being revenue - neutral, he said any additional -- Vice Chair Gort: The cost. Commissioner Carollo: -- cost to -- Vice Chair Gort: Right. Commissioner Carollo: -- the City. There is no -- Mr. Alfonso: Correct. Commissioner Carollo: -- additional cost to the City because whenever someone appeals, we would charge them $85. If they would appeal in the old system, which is what the state now did Commissioner Suarez: Right. Commissioner Carollo: -- this law to eliminate, they would then, when they appeal, be charged $119. City of Miami Page 26 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Suarez: Got it. Commissioner Carollo: So now it's going to be $85. It will be revenue -neutral to the City -- Mr. Alfonso: City, right. Commissioner Carollo: -- because the $85 that we're going to charge them -- Commissioner Suarez: We're supposed to -- Commissioner Carollo: -- is going to -- Commissioner Suarez: Right, understood. Commissioner Carollo: Yeah. So -- Mr. Alfonso: Good. Right. Commissioner Carollo: -- our cost will be -- Mr. Alfonso: That's what mean. Commissioner Carollo: Now, aside from that -- andl think this is where Commissioner Suarez was going, is that no, it's not revenue -neutral to the overall City because if we do not pass this, then the red-light cameras generate approximately $3.4 million a year. Therefore, if this is not passed, then we would not receive $3.4 million a year, which, again, it goes back to are we doing this for money? Are we doing this for safety? Or what's the purpose of this? And go back to what I said from the beginning. You know, Mr. Manager, that's why it's very important to have people -- you know, the right persons in the right positions, because the first I saw this was when I first picked up the agenda. And as soon as I saw this item, I knew there was going to be issues. I knew I had issues. My first question was -- andl knew what the arguments was going to be: revenue versus safety. Are there any safety analysis? Is there anything that stipulates that those red-light cameras have reduced traffic accidents? Andl don't mean in general. Like in the city of Ohio or wherever or -- I mean here in our local streets, you know. And there's no analysis. There's nothing, you know. And by the way, I mentioned -- andl tried to throw the white flag there a little bit to the Administration, saying that I understand the Governor signed it, you know, on June 12, and I looked it up. However, the legislators did not pass this June 12. Commissioner Suarez: Of course. Commissioner Carollo: They passed it way before for the Governor's signature. So once again, this should have been addressed. If this is really important to the Administration, this should have been addressed way back when, not that we pick it up and seeing it in an emergency ordinance in the agenda. It's not the right way of doing business. Commissioner Suarez: Mr. Chairman -- Commissioner Spence -Jones: Mr. Chairman, I -- Commissioner Suarez: -- ifI may? Chair Sarnoff Wait, wait, wait. Let me take over for a second. So there's a direct question out there: Is there analysis as to the safety of these cameras? If there is one, is it readily available? Whoever is going to talk to this issue is recognized for the record. City of Miami Page 27 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Rodolfo Llanes: Rodolfo Llanes, assistant chief. There is analysis. It's not readily available right now. From memory, the overall number is a 4 percent reduction in overall accidents, and the specific number is a 7 percent reduction as far as red-light cameras are concerned. We're trying to scramble that. We have done that analysis before. We're trying to get the documents in order to provide it to you all. But there are ancillary benefits to the police departments for having the red-light cameras. We have data manning of video. We can go in -- we can go back and look, if we have a crime in the area, look for specific vehicles, look for direction of travel. I mean, it's not just -- our benefit is not just the red-light cameras and reducing traffic safety -- reducing the amount of accidents. We do have a data set that we can look at to resolve other crimes so that's -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff Go ahead. You're recognized. Commissioner Carollo: Follow-up question. And again, now it's just, you know, educating. I want to know more about this. So do the cameras consistently run so you could pick up data or do they only capture when a vehicle is running the red light? Chief Llanes: The system runs consecutively. It's always running. The only time it takes a picture of the tag is when there is a violation, when the system is triggered. But we can observe a rolling video of the intersection all the time. Commissioner Carollo: Wow, I wasn't aware of that. Unidentified Speaker: Yeah, I wasn't either. Commissioner Carollo: I was not aware of that. So where you talk about big brother -- Chief Llanes: It identifies the tag. Commissioner Carollo: -- you really have big brothers. Vice Chair Gort: Yeah. Commissioner Carollo: Wow, I was not -- Chief Llanes: We really identify the tag -- Commissioner Carollo: -- aware of that. Chief Llanes: -- of the vehicle because it won't take a picture. Because, you know, there is a video and there is still photos. Commissioner Carollo: Right, but -- Officer Llanes: So we -- the still photo -- Commissioner Carollo: -- you are filming -- Chief Llanes: -- is only taken that we can look -- Commissioner Carollo: -- 24 hours a day -- City of Miami Page 28 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chief Llanes: Yes. Commissioner Carollo: -- 7 days a week. Chief Llanes: Yes. Commissioner Carollo: I was not aware of that. Chief Llanes: There's two -- Vice Chair Gort: Big brothers are all over the world, people. Chief Llanes: -- cameras (UNINTET,TIGIBT,F). Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff Let's -- I want to make sure Spence [sic] is done. Commissioner Spence -Jones: No, I wasn't, but, you know, this became very interesting. Chair Sarnoff So let me finish up with Spence [sic]. Commissioner Spence -Jones: I just wanted to be clear. So, Danny, you were saying, so we will be -- if we take on this responsibility, are you saying now it'll be about $900, 000 for us to administer the program? Mr. Alfonso: That is correct. And -- Commissioner Spence -Jones: And that will come out of the 3 million? Unidentified Speaker: No. Mr. Alfonso: No, Commissioner, no. Commissioner Carollo: No. Mr. Alfonso: That would be -- you would charge an additional fee of $85 and that $85 would cover that $900, 000 -- Commissioner Spence -Jones: Okay, I got you. Mr. Alfonso: -- so that the net to the City right now would stay the same. Commissioner Spence -Jones: Okay. But to the resident or the individual or the -- doesn't even have to necessarily be a resident 'cause the -- Mr. Alfonso: Right. Commissioner Spence -Jones: -- person could be (UNINTET,TIGIBT,F). Mr. Alfonso: Whoever it is has to pay $85. My argument was that whoever it is currently has to pay $119. Chair Sarnoff Just on -- wait, wait. City of Miami Page 29 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Okay, I got you. Chair Sarnoff On that issue right there. Commissioner Spence -Jones: I'm good. Chair Sarnoff Correct me if I'm wrong. We had this brought up once before, and you did an analysis, Mr. Manager, where you said 70 percent of the people that pay the cameras are nonresidents. Vice Chair Gort: Yes. Mr. Alfonso: That's correct. Chair Sarnoff Don't you think I'd be worth saying something like that right about now? Commissioner Spence -Jones: But that cleared my question up. I'm -- Mr. Alfonso: Yes, Commissioner. Commissioner Spence -Jones: So -- all right. So it doesn't have really an impact. Mr. Alfonso: By the way, I've paid four of those tickets: One, myself; two, my wife; and one, my son, so I'm kind -- Commissioner Spence -Jones: So you're driving recklessly, is that what you're telling us? Mr. Alfonso: No, but 1 learned to stop at right turns in Miami Gardens and West Miami. Mr. Martinez: That's another point. We never implemented the right turns, which would have generated ten times more money, but we said that's not -- that doesn't solve any safety; it just brings in cash to the City. Chair Sarnoff All right. I got you. Mr. Martinez: And we never implemented it. Commissioner Suarez: You're welcomed for that, by the way. Chair Sarnoff I -- look, I didn't -- Commissioner Suarez: You're welcomed for that. Chair Sarnoff -- I wanted to -- Commissioner Suarez: I was the one that -- Chair Sarnoff -- do this orderly. Commissioner Suarez: -- asked that it not be done. Chair Sarnoff I just thought -- Commissioner Suarez: And a left. City of Miami Page 30 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff -- when everybody says a resident pays, I think it'd be important to point out 70 percent of the payers are not residents, but I want to finish Spence's [sic] issue 'cause -- Commissioner Spence -Jones: Okay. I'm sorry. Chair Sarnoff -- then I'm going to go to Gort. Commissioner Spence -Jones: And Mr. Chair, I only have two more. That's it. Vice Chair Gort: But -- Commissioner Spence -Jones: One, I do want to know what happens -- I don't know if that's a Kirk question -- if this -- if we do not pass this item, what go -- what happens then? I don't know if that's a question for you or for the Administration. Chair Sarnoff City Attorney. Commissioner Spence -Jones: And then I guess lastly we'll close out on -- Chair Sarnoff City Attorney question. Commissioner Spence -Jones: I guess you kind of -- so I would like to see some -- not that I don't trust your memory. I've just learned to see it in writing, so if -- to give me any comfort on this issue, I would rather us have that data for us all to look at and then make a real decision on as to whether or not we want to -- at least from my perspective, as to whether or notl want to move ahead based upon safety. So I don't know if that means we table it and -- we discuss it now and table it later on -- till later on; I'm cool with that. But would like to see it in writing. But I'm sorry, Kirk. Kirk Menendez: Kirk Menendez, Intergovernmental Affairs, City ofMiami. With regards to the implications of what the City does or doesn't do, that comes to a legal position and -- Commissioner Spence -Jones: Okay. All right. Chair Sarnoff So, Mr. City Attorney, respond to Commissioner Spence -Jones's question. This does not get passed, do we have a red -- do we have a valid red-light camera program in the City ofMiami? Mr. Wysong: I would say no, because it's mandatory in the statute that we have to pass this amendment so. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair. Chair Sarnoff Wait, wait. Let me go to Gort. I know you're out there. But I'm trying to keep it systematic. Commissioner Spence -Jones: That really didn't answer my question, though, I'm just saying. 'Cause I was saying what happens if we don't pass it. Commissioner Suarez: Of course. Mr. Wysong: Then -- City ofMiami Page 31 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff We don't -- you don't have a program. Commissioner Spence -Jones: I know we don't have a program, but is there -- what happens to us at this point? Does the County now -- would the County --? Mr. Wysong: No, no. The City ofMiami would have to shut down its program, and then we would have to litigate the issues of the contract with the vendor. Commissioner Spence -Jones: Okay, I got you. Vice Chair Gort: And the County and the state will pick them up. Chair Sarnoff You're recognized, Commissioner Gort. Vice Chair Gort: When I first came in in January 10, there was a couple issues that we had to deal with. One was the red-light camera. At that time that was a discussion item everywhere, andl was told the state approved this and the City approved it in 2008. All we're approving today is the RFP (Request for Proposals) that was -- that went out a long time ago. That was my understanding. A lot of questions were asked, and one of the questions is -- we asked the Administration to come up with numbers. My understanding is the decision to place the cameras were according to the amount of accident that took place in each corner. At the same time, I think at the request of some of us, some additional cameras were placed because of criminal activities and it would help the police to solve some of the crimes that takes place. At the same time, my understanding is, the -- this issue about the camera, Commissioner Suarez, I'll be all in favor for eliminating the camera. Commissioner Suarez: Sony? Vice Chair Gort: I would be all in favor if we do it statewide, 'cause, yes, we're eliminating it in City ofMiami. But outside the City ofMiami, wherever they go, they going to get hit. Commissioner Suarez: I -- Vice Chair Gort: Number three. If the state legislative [sic], who is the one that has this ordinance passed, if we don't approve it, they can adopt it and have it themself. So we really have to analyze. Now, my question to you, Administration, is this should have been in front of us before and this should have been here with backup material and the questions that we ask: How many -- what's the reductions of accidents that we've had in each place where we had them? How many criminal activity has been solved thanks to the camera? At the same time, how many accidents have been solved? Because my understanding is, if you have an accident with a red light or in a corner, if both witness says, No, he took the red light,'there's no one that can say -- there's no witnesses, then it doesn't go anywhere. So I would like to postpone this for later on, andl would like to get that informationfrom the Administration. Andl think -- and an item like this -- andl agree with the Commissioners, the Administration should have more material, because not only us. We understand this. We read it. We've been receiving -- at least I'm knowledge that we receive informationfrom the police about the crimes that has been solved, how many accidents taking place, and what percentage of the people that get ticket in the City of Miami and not within the City ofMiami; they're not residents. Number two. Number three is, if you want people to avoid the law, we have it in Code Enforcement. How many people do whatever they want, and since we don't get penalized, they continue to do -- throwing away trash and doing all because they don't get penalized, and that's the way it is. I just wanted to bring those points. Chair Sarnoff Let me go to Suarez, then I'll come back to Carollo. City ofMiami Page 32 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Suarez: I'm going to yield to Commissioner Carollo and then I'll -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I'm sorry. Thank you. I see the Mayor sitting here, and he's been here for the whole discussion. I would like to see what his point of view is with regards to the red-light cameras and this issue that we're facing. Mayor Tomas Regalado: Thank you, Commissioner. I was here in 2008, and there was a very, very big controversy about the RFP, and it went back, and the Procurement director recommending one. And so, finally, the Commission did approve the program, which was not in place until 2010. Then the Commission -- this Commission approve, 5-0, extending the contract Commissioner Suarez: Nope. Mayor Regalado: -- for 10 years. It is -- it's that -- Commissioner Spence -Jones: I'm stuck on 2008. Commissioner Suarez: That's incorrect. Commissioner Spence -Jones: I've been asking the Administration, please, show me -- I would like to see -- Commissioner Suarez: That's incorrect. Commissioner Spence -Jones: -- the backup -- 2000 -- I -- you andl and Sarnoff were here in 2008. Mayor Regalado: Right. Commissioner Spence -Jones: Maybe I just, you know, fell and bump my head, but I don't remember discussing any contracts. I would like for the Administration also to pull me 2008 'cause I don't recall this. Commissioner Carollo: And that's why, Commissioner -- Mayor Regalado: And l just want to be clear. Commissioner Carollo: -- I yield to you, but -- Mayor Regalado: Commissioner -- Commissioner Carollo: -- can we move on to what we have now also (UNINTELLIGIBLE). Mayor Regalado: No. I -- but I just want to clear in terms of history. Andl do remember when Commissioner Suarez: You weren't here. Mayor Regalado: -- Manager Migoya was here, that Johnny Martinez, as Assistant City Manager, presented the item and we moved forward. My understanding is that some of the City of Miami Page 33 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 additional cameras had been installed at the request of the Police Department in terms of high -crime areas and also that these cameras -- and this is what I was told -- were installed according to the number of accidents that occur in different area. I was told, andl read the information, andl remember Chief Timoney coming up. I remember that Chief Timoney -- and this is important -- said that the most deadliest intersection in the state of Florida was US 1 and 17th Avenue for the fatalities that they have. And the most intersection with accidents in South Florida, the tri-county area, was Northwest 7th Street and 37th Avenue; and because of that, cameras were placed in different areas and then the police follow up. But there's been legislation that was approved by the other Commission and this Commission. There's also been several attempts on the State Legislature to eliminate -- And by the way, the County passed, like six month ago, a resolution asking municipalities to eliminate the right turn. This has never been done in the City ofMiami. Now the legislator [sic] made it official, and this has never done in the City ofMiami. My recollection of the last -- I think it was several month ago, it was that 70 percent, like the Manager said, of the people that got tickets were not City ofMiami residents. We get a lot of complaint because people get tickets in West Miami, in North Miami, in Coral Gables, which, by the way, had the system way back installed before the City ofMiami. So, Commissioner, I mean, we are in a dilemma now. I don't think that eliminating the system will make or break the budget of the City ofMiami, but do think that it's relevant to the discussion that we're going to have in terms of hiring more police officers. Commissioner Spence -Jones: So in other words, you support this legislation? Mayor Regalado: I -- Commissioner Spence -Jones: You support -- Mayor Regalado: -- think that the State Legislature has put the City and every city in a very difficult position because we have to do this in order to continue giving the due process to the resident. But I am very happy for -- Commissioner Spence -Jones: So you support it? Mayor Regalado: -- what Danny has said -- Commissioner Spence -Jones: -- I think (UNINTET,TIGIBT,F) Mayor Regalado: -- that what -- that the residents or the people that visit Miami will be paying more if they have to go to the County and to the court system and will be paying less if the City of Miami has their own operation. It's about $30 different, but it's a relief. But this is not even a political decision. This is just a legislative, that we have to follow the state law. Chair Sarnoff All right. Commissioner Suarez: So I guess he supports it. Anyhow, thank you. Mayor Regalado: Well, Commissioner -- Commissioner Suarez: Do you support it? Mayor Regalado: -- you support extending the contract; is that correct? Commissioner Suarez: No, that's not correct. Mayor Regalado: No, you did not vote. City ofMiami Page 34 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Suarez: No, I didn't vote on it. So look at the legislative history. Mayor Regalado: Then the background that we get is wrong. Chair Sarnoff Go ahead. Commissioner Suarez: Thank you, Mr. Chair. So there's a variety of different -- first of all -- andl remember when we procured the contract that was the one that made the issue of eliminating the rights on red and also the left in the box, which are two of the infractions that created tremendous amount of revenue for the cities but are completely offensive to the residents of the City of Miami. So thank -- you can thank me for that one. There's two issues here, as far as I'm concerned, and that's why I brought in my discussion item. There's the issue of the actual piece of legislation, which, from my perspective, I cannot support because it was brought unnecessarily on an emergency basis, number one. We have cities, as early as May 28 of this year, discussing this issue. There was no backup. Not that I disagree with Mr. Alfonso analysis, but the legislation allows us to go up to $408. So, you know, if his analysis is wrong, it proves to be an undershoot; was never put in our backup for us to make the decision, then we could conceivably have to charge our citizens more than what the state charges. And the third is there was no plan. There's been no plan presented to us as to how we're going to deal with this. If you were to take Mr. Wysong's five -minutes -per -hearing, kind of off-the-cuff analysis, if you're doing 65 court appearances a day, that's five and a half continual hours per day of hearings, okay, every single day. If we're doing it at City Hall, we have a Commission meeting every two weeks. So when are we going to do it, after the Commission meeting, before the Commission meeting? I mean, where are we going to find the five and a half hours? There was no plan that accompanied this hastily brought ordinance. That's why I can't support the ordinance. Now, as far as the system itself, I mean, it's simple. You know, over the last 24 months, the size of the program has quadrupled. We have 153 cameras at 96 intersections. We have more cameras than the next six cities combined in the state of Florida, combined. Not more than each of the next six cities; more of them combined. Okay, we have more cameras than New York City, which is 20-times larger than the City. And we have -- on average, other cities in Miami -Dade County have cameras only at five intersections. So I mean, the program is completely out of whack. All the data that we've looked at -- and by the way, andl agree with Officer Llanes, there's a scant amount of data available. But all the data that we've looked at -- and I'm not saying, Mr. Chairman, because -- you know, you made a point and it's a good point. I'm not saying that it hasn't reduced accidents at all the intersections. That's not what I said. What I said was from the data that we have, 46 percent of the intersections, it failed to produce accidents. And we put cameras at 12 intersections that only had one accident in 2011, one, and 10 cameras at intersections that had zero accidents in 2011. So if our -- Chair Sarnoff And interestingly enough -- I want to say this to you at this time, because it's going to come up on an issue that's -- for a time certain. I know the Administration's position and the Manager's position would say on that issue, if it saves one life, isn't it worth it? Commissioner Spence -Jones: Yeah. Commissioner Suarez: You have to ask the residents of the City ofMiami. Commissioner Spence -Jones: But I just want to just even add on to what Commissioner Suarez is saying, and that's why I want -- I would prefer, before I vote on this issue, to definitely have something in writing from the officer just so that I can see it, because are these numbers going to be skewed based upon the number of cameras we have now? Are you going to say that the percentage was increased only because now we -- yeah, when we don't have any accidents in certain intersections anymore because -- but we're now capturing the data in another place throughout the City so that makes it appear to be like we're actually reducing numbers. You understand what I'm saying? So if I started off in 2010 with 20 cameras, right, then my City ofMiami Page 35 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 percentage of individuals that were in accidents would be at a certain number, right? But if now I expand that to include 40 cameras, then the numbers are going to be off because now you're -- that's why I want to see the numbers. I would rather -- Chair Sarnoff Let's -- Commissioner Spence -Jones: -- see the numbers -- Chair Sarnoff -- they apparently -- Commissioner Spence -Jones: -- in writing. Chair Sarnoff Apparently, Chief Llanes has the numbers. Commissioner Spence -Jones: Okay. Officer Llanes: Armando Aguilar went to print the report at the -- Commissioner Spence -Jones: Okay, great. Officer Llanes: But, overall, since the inception of the program, accidents in the entire City have gone down 8.11 percent and accidents at intersections where there are cameras, 10.8 percent. So there's a slight larger reduction in the red-light camera intersections. I also want to bring a case that's pretty personal to us. If you all will remember when the motorman was struck -- the motorcycle officer was struck at 37th Avenue and Flagler Street, that the driver of the vehicle had said that there was a phantom vehicle that cut him off and he had to run into the officer. We were able to extract that video and show that that was not true, and we were able to charge him in that accident. Chair Sarnoff You also -- Chief Llanes: So that's just one instance that's pretty personal to us. Chair Sarnoff Andl could bring you one too. Coconut Grove, there was a shooting. They had the car go directly across US 1 and tracked it all the way into -- I don't remember if it was like -- I think it was Liberty City. So I know of another instance -- Commissioner Spence -Jones: What happened in Liberty City? Chair Sarnoff Well, I'm sorry, but -- Commissioner Spence -Jones: I'm messing with you, you know that. Chair Sarnoff Okay. It -- they went where they went, and they knew what car to look for. And then -- Commissioner Spence -Jones: It went to Miami Gardens. Chair Sarnoff Right. So I'm aware of one incident of a shooting in Coconut Grove where they were tracked Vice Chair Gort: But I think the point is being brought is we should have had all this information here today, not only for us, 'cause I'm aware of all the reports that I read and that I received, but I think the public needs to know. Because, let me tell you, I know a lot of people call and been against it, but I get a lot of calls too that says keep them, especially senior citizens City of Miami Page 36 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 that walking and crossing the streets all the time. Chair Sarnoff You know, there's an irony here, andl almost want to -- I almost went on Google and said, What does the word 15-ony'inean? And I'll tell you, irony is ifyou live and breathe and own property in the City of Miami, you'll pay taxes. Just the way it is. That's not an irony. But you know what's ironic here? If you violate the law and you run a red light, something, absolutely 100 -- maybe not 100 percent -- 95 percent within your control, you're going to pay a fine. Now, the 5 percent that may not be in your control, that's called ihue process. "That's why you go in front of a magistrate and you say, `illy wife was giving birth. You could see her right there next to me holding her belly" -- I'm just using a hypothetical -- "and that's why I ran the red light," and that, to me, is under the emergency doctrine, probably justification, that a magistrate will hear. So the irony here -- I was going to tell -- I'm going to tell you the story, Commissioner. I started getting the MPD alerts about four months ago. I happen to notice on 59th Street, we had a shooting every three days. Commissioner Spence -Jones: You just love Liberty City today, don't you? Chair Sarnoff No, no. I -- well, I -- so I asked the chief. I said, "Why don't we just station a cop there?" And he„ of course, doesn't answer me directly. Andl said "I'll make a bet with you. I'll make a bet with you for two weeks that there will be a shooting on 59th Street." So he goes, 1"ll take that bet. "We had decided, you know, would it be lunch, we would take each other to lunch. And, literally speaking, there was no shooting there. Andl learned that you never make with a -- bet with a man who could control his own destiny, and that's exactly what this is here. You control your own destiny by not running the red light. You will never be subject to the implications of this if you abide by -- You know, we care about pedestrians. We've talked about pedestrians. We care about pedestrians on Brickell Avenue. We're -- we took Brickell from the state because we had pedestrian problems. This is part of a piece of the puzzle to help slowing down traffic to help pedestrians in the City ofMiami. And, you know, the point is you don't know where every red-light camera is, and that's the beauty of it; you don't know. So what you inherently do is you don't run red lights. You slow down. That yellow light means something. And, Commissioner, your argument for a yellow light -- yellow lights were great, but it's done to the wrong juridic body. You've got to go in front of the County Commission to suggest to them lengthening or shortening the time for a yellow light. It's just not our jurisdiction. So I understand everyone's position. I'm comfortable moving forward, so I'm going to call the question. All right, Madam City Attorney, is it --? Commissioner Spence -Jones: Do we -- did we get this stuff in writing from the --? I thought he was giving us a copy of Vice Chair Gort: No. My suggestion was why don't we table it for now, get it in the afternoon -- Commissioner Spence -Jones: I thought -- Vice Chair Gort: -- and let's get all the information that we can in writing. Commissioner Spence -Jones: 'Cause I know -- Vice Chair Gort: They have it. Commissioner Spence -Jones: -- what my vote would be now. Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Spence -Jones: I would -- City ofMiami Page 37 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Okay, that's fine. So then we'll table EM.1 and RE.18. Commissioner Spence -Jones: Okay. Later... Chair Sarnoff So what I anticipate, gentlemen, for the order of the day is leave the tabled stuff tabled to give you -- maybe take a break. Is it -- 'cause I don't know if you've received your information or if you want to take it up right now? Take it up right now? Commissioner Carollo: I think we should take it up now. Chair Sarnoff All right, so then we will go back to EM.1 and RE.20 was it? Later... Chair Sarnoff All right, so we were doing EM.1 and RE.18. Is the Administration ready to proceed with that, Mr. Manager? Mr. Martinez: I believe we gathered the information that Commissioner Jones [sic] wanted. Chair Sarnoff Has everybody had the opportunity to review EM.1 and RE.18? Commissioner Spence -Jones: I haven't, I'll be honest with you. Chair Sarnoff Have not? Commissioner Spence -Jones: Um -um. Chair Sarnoff Okay, so let's not bring up the tabled item. You think you'd be ready -- ifI gave it a time certain -- Commissioner Spence -Jones: I'm going to take some time off on another item you have to go -- and really go through it, but yeah, I would rather just hold off for a few minutes -- Chair Sarnoff All right. Commissioner Spence -Jones: -- if we can. Later... Chair Sarnoff Can we get all the Commissioners out here? Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: I just want to say I hope we're not going to re -litigate this issue. We've talked about it for at least an hour, an hour and a half. Chair Sarnoff I want to make sure the Commissioner has all the information she asked for. Commissioner Suarez: Understood. Andl was given two little pieces of information I can make two comments on; not really anything significant, but whatl don't want to do is re -litigate this whole thing, go on for another hour, an hour and a half. City of Miami Page 38 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff I certainly hope we don't have to, as well, Commissioner. Commissioner Suarez: Right. Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I don't mind going for another hour, an hour and a half, but then we need to take a vote. I just don't want to keep prolonging and prolonging. Chair Sarnoff No, no, no. I -- look, we're going to vote on this tonight. We all agree? Commissioner Carollo: Yeah. At least you have my word. I'll vote on it tonight. Commissioner Suarez: Me, too. Commissioner Carollo: But at the same time, you know, I've always welcomed discussion. I've always welcomed debate, as long as it takes, but we need to make a decision tonight. Chair Sarnoff Agreed, agreed. You want to pipe in? We're only going to have you for another half hour. Vice Chair Gort: I'm ready. No, I'll stay. IfI have to stay, I'll stay a little longer. That's not a problem. Chair Sarnoff Can we get one of the Administration to ask Commissioner Spence -Jones to come out? Later... Chair Sarnoff All right. Everybody ready? We are dealing with EM.1 and RE.18. We have a motion, we have a second. As Commissioner Carollo would say, any further debate? Does anybody want any further debate on the issue? Commissioner Spence -Jones: (INAUDIBLE). All right. Mr. Chairman, refresh my memory on who motioned it and second? Chair Sarnoff The mover -- Commissioner Carollo: I seconded it for discussion. Commissioner Spence -Jones: Oh, okay. Commissioner Carollo: I'm not sure who made the motion. Todd B. Hannon (City Clerk): Commissioner Spence -Jones, Commissioner -- Vice Chair Gort moved the item. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff And let me just say this in a manner -- I realize to my colleague to my right, there's probably nothing I could say, but to the others, in a manner of persuasion, maybe what we could do is we could special revenue the money that's generated for this to only go into police City of Miami Page 39 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 patrol, and there lies the nexus of safer streets. We certainly now have been provided documents which demonstrate -- Vice Chair Gort: Yeah. Chair Sarnoff -- in the most significant traffic homicide street in America, 17th Avenue and Dixie Highway, we see a reduction from 103 accidents to 53, and that's a profound difference. So what I'm saying to my fellow Commissioners is why don't we form a nexus between the red- light camera revenue stream and safer streets by special-revenuing this -- the proceeds therefrom to go towards patrol, City ofMiami police patrol. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: First of all, I learned from one of my colleagues that we should never negotiate from the dais, which goes to my initial point as far as seeing it for the first time in the agenda. You know, I would have liked for our City staff to have kept us abreast, like we thought we were being kept abreast of what's happening in the legislature. Obviously, what happens in the legislature affects us, and we're seeing how it could affect us, and we may see in the next few minutes how it could really affect us. So I don't think it'll be wise right now to start negotiating up here. And I'll be honest with you, I'm starting to like less and less the theory of every time we see any type of revenues, we need to put it in a special revenue account. I'm going to keep my comments why that is to myself at least for right now, but in the future, I'll be more than welcome to discuss, debate with regards to special revenue accounts. So as of right now, I'm not willing to entertain that, but I'm only one Commissioner. Chair Sarnoff Commissioner Gort. Commissioner Spence -Jones: And -- Chair Sarnoff Let me go to Gort and then (UNINTET,TIGIBT,F). Vice Chair Gort: Mr. Chairman, my understanding, this doesn't have to be an emergency ordinance. My understanding is, talking to the Law Department, they don't think they'll be receiving any appeals. This -- something like this passing to maybe August, so we can have plenty of time to pass it on the first reading, get all the information -- I have received some of the information that I requested -- get all the information necessary for the second reading. Mr. Wysong: Let me just comment. George Wysong, Assistant City Attorney. The most -- in my view, the most critical item is the resolution, which only requires a re -vote majority. That's specifically mandated by the statute. If we were to, say, convert this emergency ordinance to a regular ordinance where this is the first reading of that ordinance, it would then reappear on the July 11 Commission agenda for second reading. The net effect of that is we would still have to shut the cameras off from July 1 to July 11, so we would lose 11 days of tickets, et cetera, but at least we would have the ability to pass it again on second reading July 11. Chair Sarnoff What -- go ahead, Commissioner. Commissioner Spence -Jones: I -- for me, I came into this being open on it even though I do -- I did have some issues on the red-light camera issue, andl know -- I went back and got the resources. I do know in 2007 and 2008, we did deal with this issue, andl was very much involved in the issue, but it was all centered around the issue of safety. Now, from 2007 to 2012, it's a lot has happened around the red-light cameras issue, and so what was proposed to us and what was communicated, you know, as in many items we vote on, you know, it's pitched to us as City ofMiami Page 40 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 a wonderful idea, something we must do. We do it, and then three years later, four years later, we see that there are some issues. And it's okay to say thatl correct myself because nobody's perfect up here. But I do think that Commissioner Suarez made some compelling arguments on several issues that I just -- some of them, I just can't get by now, so if -- it seems as though the will of the Commission is to, as Commissioner Gort kind of somewhat mentioned, this does not have to be an emergency ordinance, and perhaps we can readdress this on the 11 th of July it is, that we may want to do that to give us more time, andl think it's more time, really, to deal -- to answer some of these key questions. I'm still stuck on 65 -- what did you say, Commissioner Suarez? Sixty five people -- Commissioner Suarez: Sixty-five hearings a day, five and a half hours straight of hearings if they're five minutes per hearing. Commissioner Spence -Jones: Okay. So I'm just thinking, even though I know Danny said, "Oh, we're going to have that all worked out," this and that, but I'm thinking, okay, so who's going to run the hearings? Do we have enough of special magistrates -- not magis -- masters to even do this work? These people are, you know, that's the -- we're making the assumption that the ones that we do have will have the time to do all of this on top of what we're already asking them to do. I just think that there's a lot of unanswered questions, and I'm just stuck on number one, so I don't even want to start dealing with the other ones, because number one to me is a mouthful. So if we're going to vote on this issue today, it's going to be very hard for me to support it, and, you know, I don't want to be a disappointment, you know, a stick in mud -- what is it? -- stick in the mud? Is that what you call it? Whatever. You know what I mean. I just don't want to support something that I'm not all that comfortable with, and so that's my viewpoint. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I'll go a step further. The last time that the red-light cameras came up, I specifically asked my colleagues if there was any will in this Commission to outright do away with the cameras, and the answers was a straight "no. " You know what? Maybe it's time to revisit that again. We have another opportunity, and I think that's why I think the Administration should have brought it as soon as they heard that it passed the legislature. I'll be honest with you, before it even passed the house and the senate, they should have told us that, "Hey, this is in the works. It passed this committee, it passed that committee." Chair Sarnoff It wasn't done that way. Commissioner Carollo: It was an amendment. I'm sorry. I apologize. It was an amendment. But still, we should have been told as soon as it passed the house and the senate, because that was way before June 12 when the Governor signed it, and there was no mention. So I think the ball was dropped, and realistically, you know, from what we're seeing, this Commission just doesn't go along with what the Administration says, you know, and that's something that it's taken quite a few years to change the culture up here, and what I'm seeing is, you know what? I think it's time to revisit and see if we want red-light cameras in the City ofMiami or not. Commissioner Suarez: Mr. Chair. Chair Sarnoff Let me -- can I respond to that, Commissioner, without --? Commissioner Suarez: Sure, of course. Chair Sarnoff Before we make a determination as to whether we wish to on a de novo basis decide whether there's red-light cameras, we should look carefully and significantly at the City ofMiami Page 41 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 contract that we entered into, to find out whether we will be sued for 10, 15 or $20 million, because we have taken action which will violate the contract. So instead of a $4 million turnaround, you will have a $15 million shortfall, in which case, we will have no revenues to work with this year and next year, because we have to then put in reserves that amount of money for the lawsuit. So I think that analysis needs to be made by the City Attorney now, and I'm going to ask her to do an LSR (Legal Services Request). I've read it. I'm concerned about it. Their (UNINTELLIGIBLE) production costs have not been metered out yet. So to turn around and vote against this and expose the citizens to a 10, 15 or $20 million judgment is pretty reckless, I think, of us to do. But we don't have all those facts in front of us, because just because I think it'll happen doesn't mean Madam City Attorney thinks it will happen. Have any of you even looked at the contract with ATS (American Traffic Solutions)? Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: As a matter of fact, in the briefing, that had with the City Attorney just yesterday afternoon, I asked that question, and even though she didn't do her research, and it wasn't definitive -- and I'm not an attorney, so I'm not going to try to put words into her mouth, but it was something to the effect that a contract can't make us pass legislation or something like that. And again, I'm not an attorney, but that question was posted yesterday, and again, she didn't do her full research. She wanted to, you know, go back and look into it. But, you know, that's the reason that this is actually very important, and the Administration dropped the ball, and now we're seeing it more and more how it is important. And, you know, that's a very good question that I posted yesterday, and you're posting it now. And you know what? We should have the answers. But guess what? Since we didn't know in time, since no one brought it up to our attention, the questions weren't posted back a week from now, two weeks ago, and here we are. So now, we have a gun to our head. Oh, we got to pass this. No, no, no. That's not the way it works up here anymore. The culture has changed; at least not this Commissioner. Commissioner Spence -Jones: Mr. Chair. Chair Sarnoff Let me go to Suarez, who was very patient. Go ahead. Commissioner Suarez: Thank you, Mr. Chair. Just a couple things. First of all, I completely agree with Commissioner Carollo's logic on this issue. No court in the state would rule as a matter of law that an agreement with a private entity would under any circumstances force the City ofMiami to adopt a new appellate procedure that deprives our residents of certain aspects of due process, and subjects them to potentially exorbitant fees. So I agree with your recitation of the law. You said it very well. Commissioner Carollo: Spoken from a non -attorney to an attorney. Commissioner Suarez: So I agree with that. I also was handed some information, which is what I thought we were only going to talk about, which is the information that we were supposedly given between the last hour and half discussion and this one which talks about -- andl think it's notable for two reasons: One, and most importantly, there were some things put on the record that only a certain percentage of the violations come from City ofMiami residents. Well, what have from -- what was given to me by the company, itself -- And by the way, this doesn't talk about crash data, because, obviously, they're not privy to our crash data. They're giving us -- so I don't fault them for not having any crash data in what they gave us, which, of course, is dated April of this year and this other memo was dated yesterday, but, of course, we didn't get it. This is the memo from one of the majors in the Police Department. We didn't get it until this morning. We also didn't get any of the cost breakdowns on implementing this appellate procedure until they were told to us here, and they were told us it was with 1,000 cases per month, when, in fact, City ofMiami Page 42 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 it's closer to 1,200. I'm not saying that that's going to change the numbers. I'm just saying that all the information wasn't given to us, and we're being asked to act on this on an emergency basis. So I just wanted to clam a couple things. In the company's own records, it says that Miami residents are the recipients of 52 percent of all violations issues, and it also says actually that vehicles registered in Miami are the recipients of 74 percent of all violations issued since the program's start. So the notion that only 30 percent of the residents are paying the tickets and 70 percent of the tourists, I'm not sure where that came from, but I can tell you from the document that was given to me in the briefing that is produced by the company, and it says, "Miami, Florida Red -Light Safety Camera Program, " that it says on 1.1.2, who is running the red light? "Miami residents are the recipients of 52 percent of all violations." And then it says on page 5, "Vehicles registered in Miami are the recipients of 74 percent of all the violations issued since the program's start." So, you know, I think that's why our residents are so enraged. You know, many of our residents, as we all know, live on fixed income. They live on 7, $800 a month. And what I've heard continually is if they get one ticket in a given month, one ticket that a police officer may have decided not to give, then that's a third of their income. That's a third of their income for the month. So -- and that's something that I hear continually. You know, the other thing that we were handed, dated June 26, 2013 was a mem -- interoffice memorandum, and it talks about the decrease in traffic crashes at locations with red-light cameras being 10.8 percent. But if youflip to the next page, it says that the decrease -- a total decrease of Citywide traffic crashes, of which 80 percent of the crashes are not at intersections with red-light cameras, is 8.11 percent. So the difference, the delta between the decreases in intersections that have traffic cameras and intersections that have traffic cameras and all the other cameras, which is the other 80 percent, is only 1.7 percent. It's only 1.7 percent difference. So, you know, we are taxing our residents involuntarily, as they would put it, to the tune of $10 million, you know, residents that we know are poor, for a 1.7 percent decrease in accidents, which I -- that's what I see as the delta. This is information that was given to me, not five days before the Commission meeting, but five minutes before the Commission meeting, and this was given to me by the very company that, you know, issues and administers our program that says up to 74 percent of vehicles that are registered in the City ofMiami are the recipients of these violations. So it's not by and large the tourists. It's by and large our residents. So I just wanted to clam those things for the record, andl agree with the Commissioner. I also think that we have the right under the agreements, and we've looked at them very carefully, we have the right to reduce the number of cameras, and it's very similar to a procurement where you have the right to buy a certain number of cars from someone for a certain number of years. You can buy the car from them whenever you want, or you can not buy the car from them whenever you want. If you're going to buy cars, you have to buy it from them. If you're going to have a traffic -- a red-light camera program, it has to be with this company for the next -- whatever -- 10 years. Andl think it's only for next three years that we cannot cancel without convenience, or the next two years. But that doesn't necessarily mean that we have to have cameras, and certainly not in intersections that are not safe -- that are safe -- where there's no accident history, you know. So, you know, I think what I've learned is that this program has gotten to a point where it's abusive. You know, you have, like I said, 153 cameras at 96 intersections; more cameras than the next six largest cities in Florida combined; more cameras than New York City, which is 20 times larger and on average, municipalities in Dade County have five cameras -- cameras at five intersections. We have them at 96 intersections, so we have them, you know, almost 20 times more than our neighboring cities in the County. Chair Sarnoff All right. Do you want to convert this to a non- emergency issue? Mr. Martinez: I'd prefer to have it -- what the attorney suggested, make this a first reading, give us time to get more information and answer some of the questions that have been brought up by all the Commissioners. Chair Sarnoff All right. So then the motion the maker needs to understand has a modified first reading. Who's the maker? City ofMiami Page 43 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff You okay with that? Vice Chair Gort: I am. I accept the modification, but in coming back, the tickets, a lot of times, within the City ofMiami, I want to make sure it's City ofMiami, not the City ofMiami-Dade County, but the City ofMiami. In other words, they have to add the address within the City of Miami and within our district, because I received different information, so I want to make sure we verify that. The other thing is I want to have the information on the amount of accidents that been reduced, the percentage that been reduced. At the same times, crimes that have been solved because of these cameras. I think that's very important, too, according to the (UNINTELLIGIBLE). And lastly, the percentage of the breakdown because, as I stated to you before, Commissioner Suarez, I'm all in favor of doing away with the cameras, but let's do it statewide, because what happens is we don't have it in the City ofMiami, but they go in any other municipality, they get a ticket, we get the call. Commissioner Suarez: We can propose a resolution -- Vice Chair Gort: We get the call all the time. Wherever they get it, it's the City ofMiami. Commissioner Suarez: and we can propose a resolution directing -- Vice Chair Gort: We can also request to reduce -- to analyze and reduce where there's not -- they should not be. But my understanding is a lot of these cameras were set up by the request of either a police officer or one of us. Chair Sarnoff All right. Does the maker accept the modification -- the seconder -- excuse me. Commissioner Carollo: And when you say, modification," what? Instead of an emergency ordinance, it's just going to be a regular ordinance? Chair Sarnoff Right. Mr. Wysong: A first reading ordinance. Commissioner Carollo: And since the attorney is the one who is recommending this, I would take it that we meet all the disclosures with regards to advertisement and stuff like that? Mr. Wysong: Yes. Commissioner Carollo: Okay. Mr. Wysong: Sure. It would be advertised at second reading. Commissioner Spence -Jones: So we pass it -- so the thought is to pass it on first reading, but by the second reading, all these amendments, or whatever changes, or whatever issues that we have regarding not just this issue, but the overall agreement itself, we're going to be addressing; is that -- Commissioner Carollo: I could tell you, whether it's first reading, emergency reading, whatever it is, today, I am not changing my vote. Commissioner Suarez: Me, neither. Neither am I Commissioner Carollo: I'm pretty firm in my vote. City ofMiami Page 44 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff All right. So we have a motion, we have a second. Mr. City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Mr. Hannon: Roll call on your first reading ordinance. Commissioner Spence -Jones? Commissioner Spence -Jones: Oh, I'm the lucky gal. So I'm looking at my Manager, and he just looks like he's sitting on pins and needles. I'm going to give you this one, Johnny. Mr. Martinez: (UNINTELLIGIBLE). Commissioner Spence -Jones: I'm going to give you this one, because, you know, I am -- I want to be considerate to what you're trying with them, but I just want you to know I'm not feeling this at all, butl will allow for you to make the changes necessary in order for me to be comfortable. So I will say `yes" on the first reading for you. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. And Mr. Manager, I think you've received the message. This is something that should have been in front of us long time ago with all the information that's being asked in here. I think we had received those information before, andl think we need monthly reports in what is taking place in there. This should have been here maybe two weeks ago, or three weeks ago. Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff The answer is 'Yes," and this is not for Mr. Manager. This is for the pedestrians in the City ofMiami; that if you don't change the behavior of the drivers, and the best way to change behavior is to punish bad behavior. This is why I'm voting for it. Go ahead. Mr. Hannon: The ordinance passes on first reading, as amended, 3-2. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Real quick. I just want to point out to the Administration this is not the first time that mentioned with regard to legislative matters in Tallahassee that we need to be updated. I mean, I think all of last year, I was pretty thorough, saying, "Hey, this is happening. When are we going to know about it?" And it seemed like I always knew what happened up in legislature prior to any announcement, and I was always calling you, letting you know, "Hey, listen, this is happening. When are we going to be informed?" You see it now firsthand what's happening. Thank you. Commissioner Suarez: Mr. Chair. City ofMiami Page 45 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Yes, you're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I just want to clarify for the record andl want the Administration to clam that as ofJuly 1, the cameras will not be operating and we'll not be issuing tickets to the residents, to anyone. Mr. Wysong: That's the position. If -- since this ordinance wasn't passed and it -- I believe it all -- it's also contingent on RE.18, which is the companion resolution, because the statute mandates that a resolution be passed designating the Clerk of the red-light cameras. So the position is by switching to a first reading ordinance from an emergency ordinance that, yes, the cameras would cease operating July 1 to July 11. Commissioner Suarez: Right. Commissioner Carollo: Okay, hold on, hold on. Commissioner Suarez: Yeah. Commissioner Carollo: Let's get clarification. I just want -- I want to know, yes or no, will the cameras be operating and allowed to give legal citations starting July 1? Is it a `yes" or "no"? And when I mean the cameras, I mean the whole process of the camera. Mr. Wysong: Right. The issue is they won't be processed. The cameras may be functioning or whatever, and that'll be an issue between us andATS, but there will be no citations issued during that period of time. Commissioner Carollo: So -- Mr. Wysong: Now, I've been told that you won't see the cut in the revenue stream, because the tickets from the previous system will still be coming through, so you're not going to be able to -- financially, you're not going to be able to see the cutoff but there will still be money coming in. But for that 11-day period, there will be no tickets issued. Commissioner Carollo: Thank you. END OF EMERGENCY ORDINANCE ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 12-01170 District 4- ITEM TO BE DEFERRED Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Francis Suarez 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," MORE PARTICULARLY BY ADDING A NEW SECTION 10-66 AND 10-67, ENTITLED "REGISTRY FOR REAL PROPERTIES" AND "REGISTRATION OF REAL PROPERTY," RESPECTIVELY, CREATING AND IMPLEMENTING A PROCESS FOR THE REGISTRATION OF PROPERTIES SUBJECT TO FORECLOSURE PROCEEDINGS OR MORTGAGE DEFAULT; ADDING DEFINITIONS AND PROVIDING REVISIONS FOR PURPOSES OF ESTABLISHING THE REGISTRATION PROCESS; CONTAINING A City of Miami Page 46 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12-01170 Legislation (Version 2) FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item FR.1 was deferred to the September 12, 2013 Commission Meeting. Chair Sarnoff Okay, FR.1 then. We'll hear FR.1. Commissioner Spence -Jones: Is that being deferred, FR.1? Vice Chair Gort: Yes, for this afternoon. Commissioner Spence -Jones: Yeah. Chair Sarnoff Was it? Commissioner Spence -Jones: Yes, it's defer -- I was told -- Commissioner Suarez: Yeah, yeah. Commissioner Spence -Jones: -- yesterday --Not being deferred? Commissioner Suarez: Yes. No. Yes, it is. It is. Unidentified Speaker: My apologies. Commissioner Spence -Jones: No problem. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff Yes. Mr. Hannon: I do not have a motion deferring that item as of this time. Vice Chair Gort: We're tabling. Chair Sarnoff No, no. Mr. Hannon: No, no, no, FR.1. Commissioner Suarez: No, no, no. I want to defer it. Vice Chair Gort: Oh. Chair Sarnoff FR.1 was not part of the stuff that we voted on -- Commissioner Suarez: No. Chair Sarnoff -- this morning? Okay, so -- Mr. Hannon: No, sir. City of Miami Page 47 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 FR.2 13-00745 District 2- Commissioner Marc David Sarnoff Commissioner Suarez: I'll make the motion. I just wanted to know how much more time we need. How much more time do we need on FR.1 which is the property registration? Sixty days? I'd like to defer it for two meetings. Chair Sarnoff We have a motion -- Commissioner Spence -Jones: Second. Chair Sarnoff -- Commissioner Suarez, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right, FR.2. Where is Officer Bernat? Commissioner Carollo: Wasn't FR. 2 a time certain? Or didn't you have a time certain at 11? Chair Sarnoff Oh, 11 o'clock. Oh, wow, I didn't know it was that late. I'm sorry. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VII, ENTITLED "MOTOR VEHICLES/ PRIVATE PARKING LOTS", MORE PARTICULARLY BY ADDING NEW PARKING LOT REQUIREMENTS FOR LIGHTING, SIGNAGE, USES AND REVOCATIONS OF PERMITS AND ADDING NEW SECTIONS 35-288 THROUGH 35-291 TO CLARIFY ENFORCEMENT OF NON -COMPLIANT PARKING LOTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 13-00745 Legislation.pdf 13-00745-Submittal-Presentation-Miami Police Department.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Direction by Chair Sarnoff to the Administration to place Item FR.2 on the September 26, 2013 Commission Meeting Agenda for second reading. Chair Sarnoff RE.22. Oh, wait. That's a 6 o'clock time certain. Sorry about that. Commissioner Spence -Jones: We're moving, right? Chair Sarnoff We're getting there, we're getting there. Let's try -- Commissioner Spence -Jones: You want to do Danny's? Chair Sarnoff Let's try FR (First Reading) -- what's that Commissioner Spence -Jones: I'm sorry, go ahead. Chair Sarnoff Let's try FR.2, parking lot safety ordinance. City of Miami Page 48 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Oh, yeah. Chair Sarnoff Is Officer Bernat here? When this Commission meeting started, you had hair, right? So let me, while they're setting up, describe what I think is good government initiatives, which I think includes adding 100 additional police officers down -- in -- around the City of Miami, but equally, hopefully getting some modifications to Pottinger, as well as finding out where we stand in terms of our parking lots downtown, 'cause that's where we get predominantly most of our visitors, the Miami Heat. And Officer Bernat is the primary person who came to me and said "Commissioner, are you aware of our parking lots?" And thought I was, candidly, 'cause we did the interim parking ordinance, but what didn't realize was we really do nothing for our, technically, permanent parking lots, and a picture and a presentation is going to speak a thousand words, so Officer Bernat, I'm going to let you show to this Commission what you find in our parking lots. James Bernat: My name is Officer James Bernat, Neighborhood Resource Officer, downtown, 400 Northwest 2nd Avenue. I'd like to thank the Commissioners, City Manager, Chief Llanes, Major Sanchez, and Chief Gomez for allowing me to come and do a presentation. While they're still setting up the computer, I'd like to give each Commissioner a handout. Vice Chair Gort: I was under the impression that we do have ordinance to deal with parking lots and all that. Chair Sarnoff (UNINTELLIGIBLE). Dade County does; we don't. Mr. Bernat: Just waiting. It is -- the computer just went down right now. They went back to fix it. Okay. This is concerning the safety issues and hazardous conditions that we currently have in many of our open parking lots, especially in downtown Miami. The pictures that I'm going to be depicting here will demonstrate the issues faced by police and Code Enforcement that have little or no enforcement on some of these life safety issues. The first picture is a parking lot one block from the Triple A. The address of 140 Northeast 8th Street is actually not the address. This particular property has 19 folios, 19 addresses, so when there's an incident or when a tourist needs to find this particular parking lot, there's no signage to demonstrate the name or company information or address of location. This parking lot houses 300 vehicles, and in this picture and the following pictures will demonstrate only one light was working and was working for almost a six-month period before the proprietor decided to do something about it. This is, like I said, no lighting, trash; the pictures will show glass holes, no or little security, and no tenants on this particular property. There's no signage, like mentioned before. Many of the employees are hired on the spot with no uniforms, and most of these lots have, whether they're valid or not, no BTRs (Business Tax Receipts) or certificate of use on the premises, so there's no way to vern5, if they're legitimate or not. This is a different angle of the same parking lot showing how dark it is. This is a life safety issue. There's potential of death or great bodily harm for any visitor that may enter this parking lot or even for first responders who may need to enter the parking lot because of a fire or emergency situation. We're at risk 'cause we can't see what we're going or what we're entering. This is another view of the same lot showing how dark it is, and this lot is, like I said, one block from the Triple A, of all the events, and we have a lot of visitors coming to downtown. This is the first and last thing they see when they come into the Miami area. This is the ground. This is at night. This is the glass. So besides being dark, one would fall, they would fall into this array of broken glass. This is showing you the debris and broken cable. Easily, someone could walk into that and cause some major injury. Next pictures are just showing that the existing lights -- this particular lot only had five light fixtures, so even they were -- at 100 percent, only had five lights for 300 cars. This is showing how the attendants are constantly in the middle of the roadway, causing a potential hazard for themselves and for vehicle traffic. They stand in the middle of the roadway to try to attract business to the parking lots. This is the same lot the next day, showing that there's no attendants, parked cars, and some of the dangers of the lot during daylight. This is some more debris that you saw in previous pictures. This is City of Miami Page 49 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 re -barb that's sticking up from the concrete that usually someone can trip over. The next picture is -- they decided instead of -- someone removed the crate on top, so instead of doing anything about it, they stuck cones in there, and this is a safety trap for anyone who may be walking by. This is a gas pipe, actually active, was active at the time, and like I said, little enforcement about all these situations, and this is a potential life safety issue. The next is just showing you how debris is accumulated in the park, and there is really no desire to keep the park in a nice condition. This is showing in over a one-year period, from approximately October 2011 to November of the following year, that one parking lot, the surrounding areas, had 65 instances of burglaries to a vehicle. The reason why it's not an exact address is because since the lots do not have an exact address, when an officer is called out to an incident, they have to use the intersection, the nearest intersection, and this is what they have used on this particular -- So without addresses, we can't be accurate enough to show exactly where the incident had occurred. This is from an arrest report. This particular individual mentioned here is an individual that is known to the area, is one of our frequent misdemeanor, repeat offenders that the parking lot decided -- after knowing that he is a repeat offender, hired him to park vehicles after he was arrested a few days before for doing misdemeanor violations. And they -- their excuse was, "Well, we were shorthanded." They didn't hand him a shirt. They just gave him a flag and said, "Here you go. Go to work." This individual -- this is a parking lot across the street at 150 Northeast 7th Street. This individual that you see here is actually the security guard, and the tarp that you see behind it is where he resided. The parking lot allowed this individual to attend the parking lot, sleep at the parking lot, and this parking lot was frequent (UNINTELLIGIBLE) burglary to motor vehicles, and it's an issue that we have in downtown Miami that needs to be addressed. This is another picture showing the parking lot. And by the way, this is a 24/7 cruise parking lot where tourists come and leave their car up to a week and go on the cruise ship, and when they come by, sometimes they find their vehicles broken into, and this is the surrounding environment of that parking lot. This is the front entrance of the parking lot. That particular day, this individual wasn't there, even though he was supposed to be the security guard. He showed up 45 minutes later. This is another picture showing a individual from the parking lot in the middle of the intersection flagging cars, which is obviously a hazard and a safety concern. This is another location. This location is actually where the Grand Central Park is. This is the retaining water. This is an open pit, about two to three feet deep with standing water in it. At the time, they were using this for parking. The lights didn't work, and this is a potential hazard; could not do any enforcement to get them to fix the tile around it. This was a potential for anyone or a child to fall inside, drown, or hit their head, and this is some of the kind of issues that, as police officers, we see, and we're powerless to do anything about. This is the lights from the same parking lot. The wiring has been removed. They're just inoperable. This is a picture from the police vehicle showing not only the attendant in the street, but the `A" signs in the street, and it causes an obstruction and an issue. This is another picture. This is one block from the Triple A. This is also showing the attendant in the middle of the street, and as you see, the "A" sign and the cone also outside the parking lot, causing issues. And that's my final presentation. But like I said before, that -- remember that besides our locals, we have many tourists that come into our area. And if you came here -- back to your vehicle after spending seven days in a cruise and they broke in your car, would you ever come back to Miami again and visit this city under these conditions? Thank you. Chair Sarnoff Thank you. Commissioner Gort. Vice Chair Gort: Let me ask a question. My understanding is we have rules and regulations about parking lots. They're already on the books; am I correct? Mr. Bernat: Yes. Vice Chair Gort: I mean, these people are operating without a license, without a BTR. The police cannot close them? City of Miami Page 50 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: A better question for me is Code Enforcement. I mean, we see all of the things that we've seen in these parking lots. Where's Code Enforcement? Why are they not enforcing? That's just -- I mean, this is not -- to me, it's not really a police -- it's a police matter after somebody's car has gotten broken in, but it's not a police matter if people are, you know, sleeping in parking lots and -- you know. So I'm just trying to understand why it's not really a code enforcement -driven (UNINTELLIGIBLE). Vice Chair Gort: And let me tell you, this is not only in downtown. This is throughout the whole City ofMiami. You have people -- you have vacant lots. They want it build at one time. They knocked down the property. Now they can't build, they don't want to build, so they want to make some money out of it, which is fine. I think to have free enterprise is very important, but I think we do have regulations on how to utilize parking lot and how to set up a parking lot. Most of these are operating without any license or any permit. Commissioner Spence -Jones: And then I'm glad that you also mentioned that, andl wasn't even going to go there, but -- I understand why the Chairman is actually doing this, because most of the lots that he's really speaking of are the ones that are actually -- a lot of them are downtown, you know, and on the edge of Overtown, so I understand why he's trying to, you know, address the issue. But as Commissioner Gort just mentioned, there are a lot of events that take place even around the Marlins Stadium, and what do you do when people are trying to park their -- you know, just trying to make some extra money? Are we enforcing them, as well? Mr. Bernat: May I --? Commissioner Spence -Jones: I'm just asking. Are we --? I mean, it's not -- it may not seem like a lot of money to us -- Mr. Bernat: Well, there's -- you brought up several different issues. One is licensing, and one is life safety issues, and the other is Code Enforcement. Life safety enforcement, my understanding, Code Enforcement does not have the jurisdiction to close down a lot or to deal with a life safety issue, like the lighting and stuff like that. That's why it's important, I think, that this is brought in front of the Commissioners and you all address that issue. So there's three different -- there's different problems with parking lots. Part of it is code, but code does not necessarily have all the authority. Chair Sarnoff No, no, no, no. I'm not saying (UNINTELLIGIBLE). You're eating the mike and you're loud, andl want you to come across well. Mr. Bernat: Okay. Chair Sarnoff So just put about four inches between you and the mike. Mr. Bernat: Thank you. Commissioner Spence -Jones: I'm -- Jessica Capo: (Chief Code Compliance): Jessica Capo. Commissioner Spence -Jones: I guess my first question is, Why is Code Enforcement not doing it? Ms. Capo: Jessica Capo, City Code Compliance. There are some parking lots that don't have BTRs that have been cited. Some have liens. I could have been better prepared ifI would have known that we were going to talk about this in specifics and brought each and every lot that has been cited and that has a lien and has already been brought to the board. At that point, if they City ofMiami Page 51 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 don't have a BTR, we would need police assistance, and whoever is there would get arrested. Chair Sarnoff Once you don't have the BTR, that becomes an arrestable [sic] offense, right? Vice Chair Gort: Yes. Ms. Capo: Correct. Chair Sarnoff And the CU (Certificate of Use) is what brings you to the ability to have the BTR. Ms. Capo: Yes. Chair Sarnoff And the CU is what addresses life safety issues. Ms. Capo: Correct. Chair Sarnoff Listen, the reason I brought this up -- I think Commissioner Spence -Jones probably knows these lots as well or better than I do. You know, we just put on -- we just had the Heat in the finals, andl will tell you that at least 100 people had a bad experience, and they weren't San Antonio fans, because that's about the estimated number that we think are broken into during that four -day period. If -- you know, Miami -Dade County, their parking ordinance, which is part and parcel of what we're kind of stealing from, if you will, actually has candle foot power, like we do in our convenience store ordinance, but somehow, for years and years and years -- maybe forever, I don't know -- the City ofMiami never had a comprehensive outlook with regard to parking. As I said when we did the interim parking ordinance, and think we got 60, 65 percent compliance, the look of the City would change. You put those fences up, you clean up some things, and the look of the City would change. Did it change as much as I would like? No, it didn't, but it made some progress. This is the next -- you know, this along with Pottinger, this together with additional policing, this is how you elevate the City. You know, in the words of Walter Isaacson, this is how you bring beauty to the City, and beauty is not an unimportant feature to the City ofMiami, 'cause he considers it one of the three most beautiful cities in all of the United States. Now, I know parking lots are not beautiful things, but they shouldn't be in the condition that they're in here. The people working there shouldn't be getting paid $2 an hour because they're homeless. And we just talked about a moment ago not paying people enough at $11 and something cents an hour. So this ordinance, in a comprehensive way, addresses life safety issues, good governance issues, vehicular safety issues, and I'm not -- anybody want to make amendments to it or on second reading, make some changes to it, that's perfectly okay. But what we did was we tried to create the best practices. Andl got news for you, folks: If we don't do the best practices now in downtown, with the heat that we have right now, is it going to get better? Are we going to have a better team? Are we going to have more events? Of course, you know -- and by the way, the museums are going to open, people are going to be visiting, and the last thing you want is somebody going back to their car with a broken window. I wouldn't go back to that city. Break my window, I'll find another place to go. And by the way, I asked them not to do this, but we have women -- and think about this, because it's the entertainment district. You have women, rightfully or wrongfully, getting out there at 4 or 5 o'clock in the morning. It's easy prey. There's no lighting, and we've had some women who had some issues out there, and I'll leave it at that. And the lighting is a no-brainer. Every -- I'm going to tell you, everything in here is a no-brainer. We all know the parking lots in Miami make very good money. We know that. And all we're asking them to be is good landowners. Vice Chair Gort: I'm all for it. I think the -- the motion was made or --? Chair Sarnoff I don't know, but -- Vice Chair Gort: I'll mave [sic] it -- City ofMiami Page 52 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: I got about -- Vice Chair Gort: -- move it. Commissioner Spence -Jones: Okay. I got about seven things, so at least I would like to address what the seven items are for us to have an intelligent discussion fully about the item, because it's not just about downtown. It's about parking throughout the whole entire City. Andl do have some lots in my district. They may not be as elaborate or in locations like downtown, but it will create some hardship for people that are just trying to make it, so I'm just trying to be considerate to that. But there's a few things in here thatl wanted to see if -- I know MPA (Miami Parking Authority) is here -- just so that we have clarity on the issue. The first thing thatl wanted to ask -- I know in the ordinance it talks about the private pay meters and that these devices -- that in this ordinance, they can't have a device like the MPA, correct? Who --? Right. Chair Sarnoff They don't -- Commissioner Spence -Jones: Correct? Chair Sarnoff Right. They don't want it to look like their devices. Commissioner Spence -Jones: Right. So -- but are we able to -- I just want to be clear -- are we able -- since it's a private owner, are we able to tell them that they can't have that? Kira Grossman: Kira Grossman, Miami Parking Authority. Unfortunately, there's only three vendors that have these machines. The Miami Parking Authority uses all of these vendors, so if we exempt private lot owners from using these vendors, then they won't have another option, so I would like to see that section modified. Commissioner Spence -Jones: Okay. So that's one of the things that came up as an issue or concern, that it's kind of difficult to tell a private owner that they cannot do -- use the same machines, so that's one thing thatl definitely want us to at least look at if the ordinance comes back. The second thing that I had a question on -- I know that Commissioner Gort just mentioned -- or Commissioner Sarnoffjust mentioned the issue about maintaining lighting, andl agree that these parking lots -- again, a lot of -- it's hard for me to talk about this item, because I understand what he's talking or speaking of and it's really about the downtown lot, but I'm thinking about lots other places throughout the City, but what about -- and even in some of the downtown lots. Many of those lots that are, let's say, in the core next to the county -related buildings, at night they're not even being used. So it's not like, you know, they're even open, you know, to do business, so when you require lighting for lots that are not even being used at night, what's really the purpose of the lighting? So I just -- I want to -- so -- andl can think of at least three downtown lots that are attached to county facilities, that they're not being utilized at all at night. Huh? That are not being utilized at all at night. So, I mean, just having that in the ordinance -- and it's not an inexpensive -- andl understand what you're saying, Commissioner Sarnoff, that, you know, this is not -- you know, it's parking business, so they make money. But I don't want to create a law or an ordinance based upon what I think it -- what somebody's revenue is coming into their pockets when I really don't know that. You know, it may be a hardship just for them to even keep their parking lot open, period. And now I'm asking them in less than -- I think it's 30 days. Is it 30 days or 60 days that they have to come in compliance? Victoria Mendez (Deputy City Attorney): Right now this ordinance would be effective in 30 days, unless you're in the interim parking program, and the interim parking program has about two years left -- of shelf life left, so those might take a little longer to come into compliance. Commissioner Spence -Jones: Okay. So I would want to clean up that language a little bit to City of Miami Page 53 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 have clarity, because let's say they fall within that 30-day period. I mean, not to say that I don't trust and believe in my permitting department in the City ofMiami, but I could just tell you, even a City project that I'm trying to get done, that I've been trying to get stuff passed through to complete, andl can't even get it through permitting. It's been six months. So I could just imagine trying to get an engineer, trying to get all -- all that stuff that it takes to actually get some lights put up, you know, it's 30 days, and they're not going to be in compliance. So I just think that that section is definitely a section that needs to definitely also be worked on. I also had a question around the ATM (Automatic Teller Machine). I didn't really understand -- I'm assuming the ATM question or in the ordinance not having it in the parking lot is to prevent robberies, correct? Okay. Again, it's very difficult for me to support a particular law for the entire City when that may not really even be an issue. I mean, if -- let's say the ATM is right by the parking attendant, so that's probably the safest place on the parking facility for them to even draw money out of so it may not even be a issue. Why wouldl not want to allow that property owner to have the option of having an AT --? I don't -- I just don't feel like that's even a issue that should really be something that we even try to govern. Ms. Mendez: And it's not. Commissioner Spence -Jones: That's just my own opinion. So I think that that was also another thing that kind of stuck out to me, as well. The other issue I just wanted to understand, in the ordinance, it talked about the signage having the owners name, operator's name and phone number, you know, I guess kind of somewhat displayed on the -- I guess in the parking lot. And then I -- so my question becomes -- I'm just trying to understand why is it necessary for me to say, "I'm Michelle Spence -Jones. This is my parking lot and here's my contact information, blah, blah, blah." Wouldn't it just -- can you just have a sign saying "Spence -Jones Parking" or "Lifelong Parking" or whatever? Why does it have to have the owner/operator's name on that lot? I mean, I just think there's a lot of little things in here, and for Marc, it works, because I understand what Marc's -- oh, I'm sorry -- the Chairman, I'm sorry -- the Chairman's overall goal and objective is to -- Chair Sarnoff You usually only use that when you're mad. Go back to "Marc." Commissioner Spence -Jones: I'm sorry. So I understand the over -- but does that really work in Little Havana? Does that really work in Little Haiti? Does that really work in other areas in which we all represent? Is that a problem? So I just feel like it needs to be -- you know, it needs to definitely be hammered out a little bit more. And then the other thing that I just wanted to be clear on -- andl understand why -- again, I understand why the Chairman is saying it, 'cause I can think of some instances. -- the operators must wear uniforms and be a part of a company or whatever the case may -- I'm sorry, didl --? Anthony Hatten: Anthony Hatten, union president, Local 1907. As far as the lights go, FP&L (Florida Power & Light) does have -- does take care of lighting up parking lots and stuff without having to pull permits and stuff like that, so just -- Commissioner Spence -Jones: But -- Mr. Hatten: -- for your FYI (For Your Information), if you need the lights. Commissioner Spence -Jones: -- I hear you, Anthony. That's an option, but also, I know that if there's some sort of engineering that has to take place or some sort of permit that needs to be pulled to make it happen, there might be some drawings that need to take place, okay. So I don't want to get back -- to me, the question -- the mere fact that I'm asking a question means this is something that I think that we need to at least be very clear, because it's not just affecting -- if this is a pilot program for downtown Miami, I could get it. But if it's talking about for the whole entire City, I think it really needs to be hammered out a little more. But I was talking about the City ofMiami Page 54 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 uniforms, and again, I understand from the standpoint it's -- we do have a lot of homeless people that are getting jobs right there on the spot, and they are making $2 or whatever, the parking lot attendant. I just don't know how you can really govern that. So when a person shows up and you don't have a T-shirt that says "Spence -Jones Parking" -- not that I'm interested in the parking business, but that says "Spence -Jones Parking, " what do you do? You just cite them and say, "You don't have a T-shirt on"? Or maybe that person forgot to wear their T-shirt (UNINTELLIGIBLE). I just think that certain things, government should not be trying to -- that there needs to be a clear line. Andl don't want to get into making a decision like this that affects so many people without really vetting it all out. And then Marc -- excuse me -- Chairman Sarnoff, you mentioned, which is what we just talked about, andl was the only one that voted "no" against it, is how can we enforce somebody on the outside that they have to pay a decent living wage when, quite frankly, we're not doing it ourselves with our own independent people here that do business with the City. Come on. So I just -- I'm just concerned about, you know -- I just feel like this needs to be worked on. I think it's -- let me just say this: I think this is necessary, because this assists everything else that we're trying to do to clean up -- I don't want to use the word, but it starts with `P, " Pottinger, but it helps with, you know, the overall objective, but I really do think that we need a little bit more time to kind of like really hammer out -- there are a lot of -- andl don't know why -- Miami Parking Authority, did you work along with the Administration to go through these issues? Ms. Grossman: Yes. There's been a couple of different drafts that have gone back and forth, so there are a few modifications that we would like to be seen made on our end that we 're happy to deal with moving on to second reading, so there's a lot of different departments that are involved in this one. Commissioner Spence -Jones: Okay. So that's my only (UNINTELLIGIBLE). Andl can think of one parking lot right now that's a county parking lot by the Adrianne Arsht Center. I'm not going to say which parking lot. That parking lot is out of control. So, I mean, do we -- are we enforcing them, as well? So I just want to make sure that whatever we do, it's across the board for everyone, and if it's across the board for everyone and not just targeted for the downtown area, then I honestly believe -- I know there's a few lots that have in Little Haiti now, and these people just -- you know, they own their little lots, they're trying to do the best they can. Now, ifI vote on this item and support this item, that -- this is going to kill them. They can barely even, you know -- so I just think that the item really needs to be worked on a little bit more. Chair Sarnoff Commissioner Gort. Vice Chair Gort: My understanding is you're going to open up a business right now and you're going to provide parking for your guests or your people coming to do business with you. There's certain requirements that they have to meet. Andl think it should be the requirement for the business having a parking lot for his clients should be a little different for requirement for the people that use the parking for businesses. So this is something that we have to look at. Andl think it -- going to the second reading, but this is something that is very important, because the requirement that you're going to have for operation of a business parking lot should be completely different from what it is for merchants that's setting up parking, six or four parking for his stores instead of 300 parkings [sic]. There should be a limited to the amount of enforcement -- I mean, not enforcement, but the requirements that you ask of a parking lot of 10 cars to a parking lot of 100 cars. Commissioner Spence -Jones: Yeah, it's true. Vice Chair Gort: This is something we need to look at, because a lot of the small businesses, they have their parking lot. If you require (UNINTELLIGIBLE) engineer, light and all this kind of stuff, they're not going to be able to do it. City of Miami Page 55 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Yeah. Vice Chair Gort: So that's something) think we should be looking into. At the same time, my understanding is, and as of today, I think the Police and Code Enforcement can close these places. Because if you don't have BTR, the Code Enforcement can call the police officer and they can close the place. Now, we have a lot of these vacant lots also. We should have certain requirements that those people have the -- the lots completely abandoned, and then when it comes to game or when it comes something where they can make $20 per car, they bring somebody, they put him in there, and they start charging for it. Well -- and then during the rest of the day, the rest of the week, these parking lots are open. If these parking lots are going to be used as a parking lot for business, there should be some enclosement [sic] and there should be some regulation they should not be open if they're not going to be used commercially, because that's where a lot of things are taking place also. Now you have people in downtown Miami where we had required them to build parking lot at high cost, financed by a bond issue or whatever way they used to finance, and then you got competing next to them people that just opened up a lot and says, "Come on in and park. " So this is the different things we need to look into it. Mr. Bernat: Chair, may I address Commissioner Jones' [sic] -- Chair Sarnoff Sure. Mr. Bernat: -- concerns? Ms. Jones [sic], some of your concerns I would like to address. Commissioner Spence -Jones: Sure. Mr. Bernat: Automatic -- the MPA -- the issue you have with the look -alike logos and stuff the issue is, for example, Channel 4 last month did a story in Miami Beach in some parking lots, and what was going on there -- and the reason why I think it's important that we don't want this to go on in our parking lots is they installed the automatic machines in their lots, and what they did is when that machine either intentionally or not became unoperational [sic] and looked identical to their MPA in Miami Beach, and what they did is someone would go across the street on an identical machine and put the ticket on their machine, thinking that they were valid. Half an hour later, a tow truck would come and tow their vehicle away. So the idea is that it could use the same machine, it's just don't resemble the Miami Parking lots' colors or logos. They could use the same machine, but they have to come up with their own style so there wouldn't be any confusion of the public that that is Miami Parking Authority and this is a particular parking lot, and that's why that language was added in there. The other concern with the signage, the reason why it's important to have information: One, we need the addresses, because when people come and looking for a particular address -- because a lot of these lots have web pages -- they can't find it, and they're circling around for a long period of time because there's no identifying address on there. Secondly is the lots put "public parking." That's very confusion [sic], because they're mixing that up, `public parking, " with `Miami Parking Authority." The reason why the disclaimer is saying this is a private company, because there needs -- the public needs to understand that Miami Parking Authority is not a private or individual parking lot, and they need to know the difference of that. The uniforms come in play is because we have to -- as police officers, we need to be able to differentiate the legal employ, either temporary or permanent, that is actually doing business. If someone is able to get a flag and a vest and just park cars -- and they park cars everywhere -- how do we verifi, it, because they don't tell us the truth? `7 work for this person." They know the person's name and they end up parking someone's vehicle, walk away, and that same person will break the glass and burglarize the vehicle. So as a protection of the public, we need to be able to differentiate the legitimate employee/operator from the person who's just trying to take advantage of the tourist or the patron who's visiting the area. Whether it's Liberty City, whether it's Little Havana, or whether it is downtown Miami, I think it's good practice for them to have a uniform, just like you would go in any business and you expect the City of Miami Page 56 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 waitresses to have uniform, or waiters, to differentiate them from any other person inside that particular business. Commissioner Spence -Jones: I just think -- I hear you, but I just still think that there are some things that need to be really hammered out. I think we're crossing some real -- certain lines that I think we're crossing that I think that, really, it's not really our responsibility to govern. That's just my own viewpoint, and I'm just one voice up here. I think that the ordinance is a good ordinance. I think that there just needs to be some things that need to be hammered out with it, and support it. So it's not that don't support it. I just don't want us to vote on any item or support an item that maybe have the intentions of handling one particular problem but opens up the door for other problems in other districts, you know, that may -- we may not have the same issues, you know. So once we vote on this item, it's not just about downtown Miami. It's about the whole City ofMiami, and that's the problem for me. So I don't want to go back and forth on the issue. It's not meant to be personal or anything. I just think that if this is an item that we're going to take up and we vote on it and support it today, that in the second reading, that when it comes back, the seven things that talked about, I would like to see them addressed by the Administration before I vote on it again. Chair Sarnoff Fair enough. Vice Chair Gort: Move it. Chair Sarnoff Anyone else? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Yeah. I think, you know, it would benefit if we had more time with it. I know it's only first reading, but I agree; I think we need to really, you know, look at everything before we actually, you know, make it a law. You know, I'd be even more inclined to defer it, but I know it's first reading. You probably do not want to defer it. But I think we're going to need more time than just two weeks to iron some of this out, and that's my personal (UNINTELLIGIBLE). Chair Sarnoff Why don't we bring it back the first PZ (Planning & Zoning) meeting in September. That gives us the summer -- Commissioner Carollo: Yes. Chair Sarnoff -- for everyone to have this hammered out. And one of the -- couple of things we could do, Commissioner Spence -Jones. One, we could create a threshold square footage. I don't want to say number of parking spots, 'cause you know how that can vary, but threshold square footage has a threshold number. The second thing is we could make this ordinance effective -- if you want to go January of next year. If you want to say March of next year. Commissioner Spence -Jones: Mm-hmm. Chair Sarnoff So we could prospectively do it, give everybody plenty of time to ramp up, know that it's coming. Those are things we can do. And I'm just thinking off the top of my head right now so. Commissioner Carollo: And Mr. Chairman, you know, I appreciate that, because -- andl think, you know, we've been here now for, you know, approximately three, three and a half years, and what you see is that none of us here really try to kill anyone's, you know, ideas. Really, what City ofMiami Page 57 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 we're doing is just trying to make it -- you know, have a healthy discussion and make it better. So we want to see how we can, you know, work with it so each one of us is comfortable, and that's why I prefer the additional time. Chair Sarnoff Okay. So I guess the instruction, Mr. Manager, is to bring this back in the second meeting -- whatever the PZ meeting is in September. We have a motion and a second. Vice Chair Gort: Second. Commissioner Spence -Jones: Second. Chair Sarnoff We do. I think we do. And Madam City Attorney, let's get you on out. ToddB. Hannon (City Clerk): Chair, public hearing. Chair Sarnoff Oh, I'm sorry. Anyone from the public wishing to be heard on -- I thought when Ms. Grossman came up, she was part of the public. So I'd like to strike the record of any of her comments since she spoke -- she actually spoke out of turn. I'm just kidding. Anyone from the public wishing to be heard on FR.2 is it? Right, FR.2. Please step up. Hearing none, seeing none, coming back to the Commission. Madam City Attorney, it is an ordinance. The ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Mr. Hannon: Your roll call on item PZ.2. Commissioner Suarez? Commissioner Suarez: Yes, on first. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes, on first. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes, on first. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Before -- excuse me -- I vote, I would like to state that the present problems that we have with the open parking lots can be taken care of right now -- Commissioner Spence -Jones: Yes. Vice Chair Gort: -- with the ordinance that we have and the BTR and so on; Code Enforcement should work very closely with the police officer, because we have regulations and people have to follow those regulations. The problem is a lot of time, we don't have enforcement, okay. Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes, on first, and probably very much so on second. Mr. Hannon: The ordinance passes on first reading, 5-0. END OF FIRST READING ORDINANCES RESOLUTIONS City of Miami Page 58 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 RE.1 12-01388 Department of Public Facilities RESOLUTION ITEM TO BE WITHDRAWN BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND ADDENDUM AND AMENDMENT TO LEASE AGREEMENT ("SECOND AMENDMENT), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE PURPOSE OF ALLOWING THE CITY TO USE A PORTION OF THE 36,724 SQUARE FEET (+/-) FDOT-OWNED PROPERTY LOCATED UNDER INTERSTATE-95 BETWEEN SOUTHWEST 6TH AND SOUTHWEST 7TH STREETS AND SOUTHWEST 3RD AND SOUTHWEST 4TH AVENUES, MIAMI, FLORIDA, FOR PRIVATE PARKING, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID SECOND AMENDMENT. 12-01388 Summary Form.pdf 12-01388 Memorandum ofAgreement.pdf 12-01388 Legislation.pdf 12-01388 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Please see Order of the Day'for minutes referencing Item RE.1. RE.2 RESOLUTION 13-00431 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), ALLOWING FOR THE COUNTY AND ITS CONTRACTOR(S) TO ACCESS APPROXIMATELY 75,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR CONSTRUCTION STAGING ACTIVITIES RELATED TO THE REHABILITATION OF BRIDGE NO. 874541 (WEST BRIDGE) AND BRIDGE NO. 874544 (BEAR CUT BRIDGE) ON THE RICKENBACKER CAUSEWAY; ESTABLISHING A USE FEE OF TWO THOUSAND DOLLARS ($2,000) PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE. 13-00431 Summary Form.pdf 13-00431 Legislation (Version 2).pdf 13-00431 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 59 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0245 Chair Sarnoff RE.2. Commissioner Suarez: That was a good start on the noncontroversial stuff. Chair Sarnoff I was going to say. I was -- I'm just going to throw a dart and fix something. Henry Torre: Good afternoon, Commissioners. Henry Torre, director of -- Chair Sarnoff Speaking of darts. No, I'm just kidding. Mr. Torre: -- Public Facilities. Sony? Chair Sarnoff I said speaking of darts, just kidding. Mr. Torre: Exactly. It is a resolution authorizing the City Manager to execute a revocable license agreement with Miami -Dade County, allowing for the County and its contractor to access and use approximately 75,000 square feet, located at 3501 Rickenbacker Causeway, for construction staging activities related to the rehabilitated of the Bear Cut Bridge. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Any discussion? I just want to say, Henry, I just wonder if, on a strategic basis, we wouldn't be better suited not to give them anything further? I know it's a license agreement; it could be pulled back at any time. But it's always been my interest to try to consolidate this particular antennae with the antennae -- Mr. Torre: This is not -- this is a very different item, Commissioner. Chair Sarnoff Oh, is it? Mr. Torre: Yeah. Chair Sarnoff Oh, I apologize. It's the next one. You're right. I apologize. Mr. Torre: Right. Chair Sarnoff I apologize. It's the next item. Mr. Torre: And, Commissioner, we've deferred the other item. Chair Sarnoff Oh, RE.3. Thanks for letting me know that. Okay. I'm sorry. All in favor then -- Mr. Torre: No problem. Chair Sarnoff -- please say "aye. " City of Miami Page 60 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.3 RESOLUTION 13-00325 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION PARTNERSHIP, FOR USE OF APPROXIMATELY 2.2 ACRES OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS LOCATED IN VIRGINIA KEY, MIAMI-DADE COUNTY, FLORIDA, FORA MONTHLY USE FEE OF $15,953.52, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), FORATERM OF FIVE (5) YEARS, WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 13-00325 Summary Form.pdf 13-00325 Legislation.pdf 13-00325 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Please see Order of the Day'for minutes referencing Item RE.3. RE.4 RESOLUTION 13-00646 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND KENT SECURITY SERVICES, INC., IN SUBSTANTIALLY THE ATTACHED FORM, THEREBY INCREASING THE ANNUAL CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $350,000, TO AN AMOUNT NOT TO EXCEED $1,050,000, TO BE MORE IN LINE WITH HISTORICAL USAGE AND ANTICIPATED FUTURE EXPENDITURES, AS STATED HEREIN, FOR SECURITY GUARD SERVICES CITYWIDE. 13-00646 Summary Form.pdf 13-00646 Pre -Professional Service Agreement.pdf 13-00646 Pre-Legislation.pdf 13-00646 Legislation.pdf 13-00646 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Spence -Jones R-13-0244 City of Miami Page 61 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Now -- Commissioner Spence -Jones: And then I just wanted to ask you, Mr. Chairman. I know some of these items are not as controversial, like I know -- I think Commissioner Gort is going to be leaving at a certain time tonight, as well. Can we deal with the noncontroversial items then and try to get those out of the way, 'cause I know we have some that are going to require a lot longer discussion? Chair Sarnoff That's fine. I don't -- I'm not sure I know what's controversial or what's not here but -- If you want to take the REs (Resolutions)? Commissioner Spence -Jones: Yeah. Chair Sarnoff That's fine. We'll start at RE.2. Commissioner Spence -Jones: I believe that's Public Facilities. Commissioner Carollo: Come on up, Public Facilities, you're up to bat. Chair Sarnoff Let's do -- Commissioner Spence -Jones: Can we go to RE.5 until Henry gets here, 'cause I think --? Chair Sarnoff Department of Purchasing. Are they around? Commissioner Spence -Jones: Oh, there's Henry. Chair Sarnoff RE.4. Commissioner Carollo: Department of Police. Kenneth Robertson (Director): Good afternoon, Commissioners. Kenneth Robertson, Purchasing Department. Chair Sarnoff We're on RE.4, gentlemen. Mr. Robertson: RE.4 is a resolution to amend the professional services agreement with Kent Security Services to increase the contract capacity from 350,000 to 1,050,000 per year. Chair Sarnoff Is there a motion? Commissioner Suarez: Move it. I think I'm -- Commissioner Spence -Jones: Second. Chair Sarnoff Moved by -- Commissioner Spence -Jones: Discussion. Chair Sarnoff -- Commissioner Suarez, second by Commissioner Spence -Jones. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Okay. As you know, I think -- and then all -- everyone else chimed in on this issue, on this contract, andl think Kent is here somewhere. My concerns about the City of Miami Page 62 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 issue of this contract is -- and we know that we held off on their contract for a while because of some of the back pay that was owed to the employees that actually worked for Kent. We resolved that issue, which was an awesome thing that we were able to do. But then I find out this new contract actually takes $2 away from them. These are working-class family members that, you know, went from making at least a decent salary to now -- it's almost as if the monies that we asked for Kent to pay, now they're taking it off the backs of the same people. They're getting the money back. And maybe I'm -- I don't know if I'm the only one that knows this or understands this, but -- andl did have this conversation -- andl understand -- not your fault -- this has everything to do with the living wage ordinance, but it just seems like to me that this is a little unfair, you know. It's -- you know, we all fight hard to make sure Kent does the right thing. And then when their contract comes up and Kent already knows how we feel about them getting paid or getting reimbursed for the monies that they lost and then Kent comes back around and then sends them a letter taking $2 off of what they're making now. It's almost like they're being punished. So I'm not really understanding, you know -- it's just -- it puts a really bad taste in my mouth about the company. And I'm not really sure -- Where is Kent now anyway? Are they here? Mr. Robertson: They're not here today. This item really has nothing to do with Kent Security. I can address your concerns, Commissioner. The prior contract for security guard services was subject to our living wage ordinance. In 2009 that was repealed. When we re procured this contract, the new RFP (Request for Proposals) is not subject to the living wage because it doesn't exist anymore. We actually worked with the SCI Union on the new RFP, and we implemented a wage floor for this contract, which is actually a published federal wage rate determination for Miami -Dade County, for security guards, and that rate is $10.61 per hour. If we did not implement that wage floor, the only other law that we could reference would be Florida minimum wage, which is $7.79 an hour. So the security guards actually have protection in this contract, that they are required to be paid at least $10.61 an hour. But you're correct; that rate is actually $2 lower than the prior living wage rate, but we can't use that rate anymore because we don't have a living wage ordinance. Chair Sarnoff So you're using Davis Bacon, essentially? Mr. Robertson: Correct. We're using published Davis Bacon wage rates. As of 2011, that rate was 10.61. The rate was republished last week, and it has remained the same. Two years later, it's still 10.61 for security guards in Miami -Dade County. Chair Sarnoff All right. Mr. Robertson: The -- ifI may, the contract has a provision that we can change the base hourly rate to the employees, but that would require a City ordinance or some type of policy directive as to how service contractors are handled, but security guard services is not an isolated class. The living wage covered custodial services, landscaping maintenance, security guards, other classes of work. Commissioner Spence -Jones: I just think it's interesting that they could afford to pay that before, and now when it's not necessary for them to pay it, they don't want to pay it. Mr. Robertson: Actually -- Commissioner Spence -Jones: So it's almost like -- it doesn't matter at this point, but it's almost like what we asked Kent to do, they're basically getting the money back. Mr. Robertson: Although -- Commissioner Spence -Jones: They're basically getting it -- They're basically -- they gave it to City of Miami Page 63 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 them to only take back from them. It's just crazy to me. I mean -- Mr. Robertson: This requirement is -- Commissioner Spence -Jones: -- just the human -- andl -- Mr. Robertson: -- a City requirement. Commissioner Spence -Jones: Excuse me? Mr. Robertson: This requirement is a City requirement. If we increase the rate by $1 or $2 an hour, it will pass through to the City and will also be marked up by 1.44 multiplier. Commissioner Spence -Jones: So how did they do it the last time? Mr. Robertson: The prior contract was procured with a living wage ordinance. Commissioner Spence -Jones: Okay. But how did --? Mr. Robertson: The City also paid that rate. We paid for an hourly rate that was inclusive of the living wage ordinance. This contract does not have the living wage ordinance. If you want to re -implement, we can administer this contract with a higher rate, but that higher rate will pass through to the City. Chair Sarnoff All right. Commissioner Spence -Jones: I got it. Chair Sarnoff Anyone else want to be heard on RE.4? Hearing none, all in favor, please say "aye." Commissioner Suarez: Aye. Vice Chair Gort: Aye. Commissioner Spence -Jones: No. Chair Sarnoff Okay. RE.5 RESOLUTION 13-00654 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GOVERNMENT ACCOUNT HOLDER APPLICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH KROPP HOLDINGS, INC., TO PURCHASE FUEL FOR THE CITY OF MIAMI'S HELICOPTER, AT THE DEPARTMENT OF DEFENSE, DEFENSE LOGISTICS AGENCY'S CONTRACTUAL PRICE, WITH THE GROSS AMOUNT OF PURCHASES SUBJECT TO A 2.95% FEE, IN AN AMOUNT NOT TO EXCEED $40,000; ALLOCATING FUNDS FROM THE AVIATION UNITS BUDGET OF THE DEPARTMENT OF POLICE'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.191501.552010.0000.00000. City of Miami Page 64 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 13-00654 Summary Form.pdf 13-00654 Aviation Into -Plane Reimbursement Card. pdf 13-00654 Memo - Defense Logistics Agency.pdf 13-00654 Pre -Legislation .pdf 13-00654 Email -Air Card.pdf 13-00654-Legislation-SUB. pdf 13-00654 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0246 Chair Sarnoff RE.5. I'll take the hazard this might not be controversial. Only we can make helicopter fuel -- Commissioner Spence -Jones: I know. Right. Chair Sarnoff -- controversial. James Bernat (Department of Police): This is a resolution authorizing the City Manager to execute a government account holder application in substantially attached forms, with Kropp Holdings, to purchase fuel for Miami helicopter, at the Department of Defense contractual price, with a gross amount of purchases, subject to -- this is a scrivener's error, by the way. I don't know if it's corrected in yours. It should be 2.95 percent fee. Chair Sarnoff Is there a motion? Vice Chair Gort: Move it. Mr. Bernat: And an amount -- and there should be also -- Commissioner Spence -Jones: Second. Mr. Bernat: -- in an annual amount not to exceed 40,000. Chair Sarnoff Mover and seconder understand it's modified? Commissioner Spence -Jones: As modified. Vice Chair Gort: That's fine. Chair Sarnoff There you go. All right, so we have a motion by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff That was pretty noncontroversial. RE.6 RESOLUTION 13-00655 City of Miami Page 65 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Waste RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 12, 2013; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00655 Summary Form.pdf 13-00655 Legislation.pdf 13-00655 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Spence -Jones Noes: 2 - Commissioner(s) Sarnoff and Suarez R-13-0247 Chair Sarnoff RE. 6. Keith Carswell: Good afternoon. Keith Carswell, director for the Department of Solid Waste. RE.6 is a resolution for the provision of solid waste services in the City ofMiami. Commissioner Spence -Jones: So moved. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones, second by Commissioner Gort. I have a question. What would the Solid Waste fee be if none of the -- if the fee were the true fee for those that don't pay it? And what mean by that is a certain portion of Solid Waste goes into the general fund. Mr. Carswell: We currently -- it would be about $100 more. Chair Sarnoff So it'd be $480? Mr. Carswell: About 480. Chair Sarnoff Okay. I just want to say that will not be supporting this, because there are people in downtown Brickell that do not receive a service for which they're paying a tax for. So I understand this Commission is probably going to approve this, but I think it's inappropriate and not -- I think it's sort of taxation with some representation; just not enough. All right, all in favor, please say iiye. " Commissioner Spence -Jones: Aye. Vice Chair Gort: Aye. Commissioner Suarez: No. Chair Sarnoff No. Did that pass? ToddB. Hannon (City Clerk): Yes, sir, 3-2. City ofMiami Page 66 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Three -two. Chair Sarnoff All right. RE.7 RESOLUTION 13-00640 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDAAND THE CITY OF MIAMI ("LESSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE LESSEE'S USE OF APPROXIMATELY 7,734 SQUARE FEET OF OFFICE SPACE ON THE FOURTH FLOOR AT THE LINDSEY HOPKINS TECHNICAL CENTER LOCATED AT 750 NORTHWEST 20TH STREET, MIAMI, FLORIDA, AT AN ANNUAL RENT OF ONE DOLLAR ($1.00), PLUS APPLICABLE OPERATING EXPENSES, FOR THE LESSEE'S OPERATION OF A WORKFORCE DEVELOPMENT OFFICE BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014; FURTHER AUTHORIZING THE CITY MANAGER, SUBJECT TO CONSULTATION WITH THE CITY OF MIAMI'S GRANTS DEPARTMENT, TO EXECUTE ANY FURTHER AMENDMENTS, EXTENSIONS OR OPTIONS TO RENEW TO THE LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. 13-00640 Summary Form.pdf 13-00640 Addition Day Requested. pdf 13-00640 Pre -Lease Agreement.pdf 13-00640 Legislation. pdf 13-00640 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0248 Chair Sarnoff RE.7. Henry Torre: RE.7. Henry Torre, director of Public Facilities. RE.7 is a resolution authorizing the City Manager to execute the first amendment to the lease agreement -- Vice Chair Gort: Move it. Mr. Torre: -- between the School Board -- Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City of Miami Page 67 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 RE.8 13-00649 Department of Capital Improvements Program RE.9 13-00650 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 30, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-040, FROM JVA ENGINEERING CONTRACTOR, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE DISTRICT 3 - ROADWAY, TRAFFIC & DRAINAGE IMPROVEMENTS (PART 2) PROJECT, IN THE AMOUNT OF $343,301.15, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $34,330.11, FORA TOTAL NOT TO EXCEED AWARD VALUE OF $377,631.26; ALLOCATING FUNDS IN THE AMOUNT OF $377,631.26, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-40300, B-40303, B-40310, B-40311 AND B-40317; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00649 Summary Form.pdf 13-00649 Legislation.pdf 13-00649 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Department of Capital Improvements Program R-13-0249 Chair Sarnoff RE.8. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, Capital Improvements director. RE.8 is a contract award for the District 3 Roadway and Drainage Improvement projects, Part 2, to JVA Engineering Contractors, in the amount of 330 -- $377 -- 377,631 is to JVA Engineering Contractors. Any questions? Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED JUNE 11, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-043, FROM METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, City of Miami Page 68 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 FOR THE DISTRICT 3 - ROADWAY, TRAFFIC & DRAINAGE IMPROVEMENTS (PART 4) PROJECT, IN THE AMOUNT OF $925,153.60, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $92,515.36, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,017,668.96; ALLOCATING FUNDS IN THE AMOUNT OF $1,017,668.96, FROM VARIOUS CAPITAL IMPROVEMENT PROJECTS, AS LISTED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00650 Summary Form.pdf 13-00650 Legislation.pdf 13-00650 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez RE.10 13-00652 Department of Capital Improvements Program R-13-0250 Chair Sarnoff RE.9. Mark Spanioli (Director, Capital Improvement Program): RE.9 is also a contract award for District 3 Roadway and Drainage Improvement project. It's our part 4 section of District 3. It's to Metro Express, in the amount of $1, 017, 668. Chair Sarnoff Anyone wishing to register --? Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION, PROVIDING FORA FINANCIAL CONTRIBUTION BY THE CITY OF MIAMI, IN AN AMOUNT NOT TO EXCEED $25,000, FOR THE PREPARATION OF THE BEACH CORRIDOR TRANSIT CONNECTION STUDY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-70246A, FOR SAID PURPOSE. City of Miami Page 69 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 13-00652 Summary Form.pdf 13-00652 Legislation.pdf 13-00652 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0259 Chair Sarnoff RE.10. Mark Spanioli (Director, Capital Improvement Program): Commissioners, RE.10 is an interlocal agreement with the MPO (Metropolitan Planning Organization) for the City ofMiami to provide a $25, 000 grant for the Beach Corridor Transit study. The total study cost is approximately $325, 000. Chair Sarnoff Is there a motion? Commissioner Spence -Jones: I just want to ask. Commissioner Suarez, you sit on the MPO, right? Commissioner Suarez: Yes. Commissioner Spence -Jones: Any comments you have on this RE.10 item? I know this is something you guys are probably working on. Can you just elaborate on it for a few seconds? Do you know about the study? Commissioner Carollo: And it seems like the City's portion is 25,000. Mr. Spanioli: That's correct. Commissioner Carollo: The question -- and there wasn't a motion or a second. But the question I was going to ask is, If CDBG (Community Development Block Grant) monies can be used for this -- Mr. Spanioli: I think it is -- Commissioner Carollo: -- economic development? I don't think that's what is proposed, but I wanted to know if CDBG, if economic development money can be used for this, for the 25,000? Mr. Spanioli: I'm not sure if CDBG money can be used for the study. Chair Sarnoff Can we table this -- Mr. Spanioli: I'd defer to -- Chair Sarnoff -- Mr. Manager, until you can get a determination? All right, so we're going to table RE. 10. Vice Chair Gort: George is here somewhere; he can tell you. Later... Chair Sarnoff All right. Now we are on, I guess, BI -- budget, BI1. What am I missing? We City ofMiami Page 70 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 have the tabled item, RE.10. Do you have that information for her? The question on RE.10, Mr. Manager, was could CDBG funds be used? Commissioner Spence -Jones: That was his question. That wasn't mine. Chair Sarnoff Well, yeah, it wasn't yours. You're right. Commissioner Carollo: That was my question. Chair Sarnoff Could CDBG funds be used on RE.10? Do you have an answer for that? Robert Tazoe: Robert Tazoe, Department of Community Economic Development. The answer is no, we cannot use for that planning activity. Chair Sarnoff Okay. So let me untable [sic] RE.10 to see if -- did we have a motion and a second on 10? ToddB. Hannon (City Clerk): No, sir. Chair Sarnoff All right. Is there a motion on RE.10? Commissioner Spence -Jones: (UNINTELLIGIBLE) have another question. Chair Sarnoff Go ahead. Commissioner Spence -Jones: (UNINTELLIGIBLE) public transportation dollars (UNINTELLIGIBLE) that we have (UNINTELLIGIBLE)? Mr. Spanioli: We actually at the -- Commissioner Spence -Jones: (UNINTELLIGIBLE). Mr. Spanioli: Not -- Commissioner, not at today's appropriation, but at the prior appropriation we did appropriate $25, 000 out of the half cent transit money for this grant. Commissioner Spence -Jones: So we can't -- Mr. Spanioli: So the money's already been appropriated. Commissioner Spence -Jones: -- do it again? Chair Sarnoff No, it's for -- Mr. Spanioli: No, it is for this. Commissioner Spence -Jones: Oh. Chair Sarnoff You're using transportation dollars. Mr. Spanioli: That's correct. Commissioner Carollo: A maximum -- Commissioner Spence -Jones: Oh, I -- City of Miami Page 71 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Carollo: -- of 25, 000. Mr. Spanioli: Correct. Commissioner Carollo: Because the other municipality -- what's going to be the total amount and the percentage that each municipality -- or what are the municipalities or the breakup of how this money is -- Mr. Spanioli: It's in the backup. Let me grab it. The breakdown is the MPO is providing 150,000; FDOT (Florida Department of Transportation) is providing 75,000; Miami -Dade Transit, 25,000; City of Miami Beach, $25, 000; City of Miami, 25,000; and the Downtown Development Authority, 25,000. Commissioner Carollo: I'm sorry, say that one more time. I apologize. Mr. Spanioli: No, it's okay. The MPO, 150,000; FDOT, 75,000; Miami -Dade Transit; City of Miami Beach, City ofMiami, and Downtown Development Authority, 25,000 each. Commissioner Carollo: Each. Commissioner Suarez: A hundred, yeah. Commissioner Carollo: And to do some type of study for like a bay link type? Mr. Spanioli: Basically, in 2008 the bay link study was done. That didn't move forward, obviously. It would be to look at the whole idea again of getting some type of transit between the City ofMiami andMiami Beach. Now, whether it be a light rail, a trolley, it hasn't been determined. It'll be part of the study. Commissioner Carollo: Listen, I -- I mean, I'm in favor of always looking at new ways for transportation and move, you know, public mass, but -- I mean, if it -- if the study was done and it didn't go anywhere a few years back, I mean -- Mr. Spanioli: I think the -- Commissioner Carollo: -- what's going to change this time? Mr. Spanioli: -- Probably the reason why it didn't go anywhere, it was specific to doing a light rail system. This is to look at all the possible alternatives and route options that are available between the City ofMiami andMiami Beach. This was -- bay link was specific type of transportation alternative being a light rail, and the location of the connection between the City ofMiami andMiami Beach was only identified under one route and it was very specific. This one is looking at a more broad opportunity for this link. Commissioner Suarez: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Suarez: Just as a quick clarification, the 25,000 that we're putting in is coming from where? 'Cause I think that was a little bit unclear. Mr. Spanioli: The 25,000 we appropriated not in today's appropriation, but the prior one -- Commissioner Suarez: Right. City ofMiami Page 72 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Spanioli: -- is coming out of the half cent transit money that we get, the PTP (Public Transportation Plan). Commissioner Suarez: Right. Okay. Commissioner Sarnoff. All right. Is there a motion? Commissioner Suarez: I'll move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence: Second. Commissioner Suarez: Yeah, and -- Chair Sarnoff Second by Commissioner Spence -Jones. Commissioner Spence -Jones: I just want to just -- for my fellow colleague, Commissioner Carollo, I thought you were having an issue because you -- I don't know, for whatever reason, I thought you had an issue with it coming from the capital improvement dollars or you just had an issue --? Commissioner Carollo: Well, I prefer it comingfrom -- Commissioner Suarez: CDBG. Commissioner Carollo: -- an amount that we need to spend, so if we could use economic development dollars -- Commissioner Spence -Jones: Oh, I see. Commissioner Carollo: -- and use federal fundings [sic], I'd be all for it. Commissioner Spence -Jones: Yeah. Commissioner Carollo: But if we can't, now we're using dollars that we can directly use, you know, for City projects, I'm a little bit more hesitant, because is this study really needed? I mean, like I said, I will -- I'm always in favor of yes, finding new alternatives for transportation, but is this really needed? I mean, in 2008 it was done. Commissioner Spence -Jones: But I know you sit on that board, though, right? Commissioner Suarez: Yeah, yeah. And listen, I don't begrudge anybody voting against this, by the way. I mean, I -- you know, I understand that -- and I'm not a big study guy, you know, like to spend money on studies, you know. We spend a lot of money on studies in this government and governments generally, and a lot of times, nothing comes of it and it's money lost or design or whatever. So I completely understand. You know, from my perspective, it's a couple of reasons why I moved it. One is the leverage factor. You know, we're putting in $25, 000 for something that is going to be -- if it's -- if the study results in a viable plan, which I understand the skepticism, because it didn't the first time -- makes total sense -- then I think our leveraged amount in terms of the study is very minimal. I think also -- as your MPO member, as the Board's MPO member, I think part of my job is to come up with or support ideas that increase connectivity, you know, whether it be within the City ofMiami or from the City ofMiami to other cities and across the county, andl think a tremendous disconnect right now is the disconnect between them, and think you understand that, and think you've even said that, you know, City ofMiami Page 73 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 RE.11 13-00653 Department of Capital Improvements Program between Miami Beach and the City. Obviously, we've done a lot. We've gone a long way in increasing connectivity within the City, you know, increasing the Brickell trolley from just the Brickell line all the way up to Midtown and health district, andl think -- my understanding is Coral Way is coming on line in the next few months, so I think we're doing a lot to increase connectivity within the City. We've done some studies with the MPO to increase connectivity throughout the county, andl think this is one important component. Because of the leveraging factor, because it's not general fund money, even though it is PTP money that could be used for other transportation -related uses, andl agree, I don't begrudge anybody for voting against it. I understand completely, but I feel obligated as your MPO member to support it because of the leverage factor and because I think it's an important objective that we as a city government should support so, you know -- but understand anyone not, you know, wanting to go a second time into the study phase of something that, you know, may not result in any actual solution. Chair Sarnoff All right. We had a motion, we had a second. All in favor, please say aye. Mr. Spanioli: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSUMPTION OF THE PROFESSIONAL SERVICES AGREEMENT WITH KADERABEK COMPANY BY VERTICAL V-SOUTHEAST, INC., AS SUCCESSOR IN INTEREST, FOR THE PROVISION OF GEOTECHNICALAND CONSTRUCTION MATERIAL TESTING SERVICES FOR MISCELLANEOUS PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSUMPTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00653 Summary Form.pdf 13-00653 Legislation.pdf 13-00653 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0251 Chair Sarnoff RE.11. Mark Spanioli (Director, Capital Improvement Program): RE.11 is a professional services agreement assignment from the Kaderabek Company to Vertical V-Southeast. Basically, Vertical V-Southeast acquired Kaderabek. We have a contract with Kaderabek now. No contract terms will be changed. It's just an assignment of the agreement. Chair Sarnoff Is there a motion? Commissioner Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Carollo, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye." City of Miami Page 74 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 RE.12 13-00716 The Commission (Collectively): Aye. RESOLUTION Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AMENDING THE CAPITAL IMPROVEMENTS Program APPROPRIATIONS RESOLUTION NO. 13-0206, ADOPTED MAY 23, 2013, TO REFLECT THE REPROGRAMMING OF EXISTING FUNDING. 13-00716 Summary Form.pdf 13-00716 Legislation.pdf 13-00716 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0252 Chair Sarnoff RE.12. Mark Spanioli (Director, Capital Improvement Program): Commissioners, RE.12 is our capital appropriations item. There are a number of appropriations; probably 90 percent of them are District 3 project transfers. If you have any questions, I'm happy to answer them. Chair Sarnoff Is there a motion? Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by -- Commissioner Spence -Jones: Second. Chair Sarnoff -- Commissioner Carollo, tie set by Spence -Jones and by Suarez. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RE.13 RESOLUTION 13-00718 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S FIRST OPTION TO RENEW THE CONTRACT WITH THOMAS MAINTENANCE SERVICES, INC., FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR FISCAL YEAR 2013-2014, TO PROVIDE SERVICES FOR THE PROJECT ENTITLED "CITY LOTS AND RIGHTS OF WAY LANDSCAPING, M-0082", IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14; ALLOCATING FUNDS FROM ACCOUNT NOS. 00001.202000.534000 (GENERAL FUND) AND 00001.208000.534000 (STORM WATER UTILITY FUND); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST City of Miami Page 75 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00718 Summary Form.pdf 13-00718 Reports for July 2012 - May 2013.pdf 13-00718 Legislation.pdf 13-00718 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0253 Chair Sarnoff RE.13. Juvenal Santana: Good afternoon, Commissioners. Juvenal Santana, Public Works, assistant director. This is a resolution approving the first option to renew the Thomas Maintenance Services contract for the City lots and right-of-way landscaping. Commissioner Spence -Jones: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Spence -Jones. Commissioner Carollo: Discussion. Chair Sarnoff Second by Commissioner Suarez. Commissioner Carollo's recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. And l just want to verf, Mr. Santana, are these fundings [sic] citywide? Mr. Santana: Yes. Commissioner Carollo: Okay. There's certain right-of-ways [sic] and lots but specifically right-of-ways [sic] in D3 (District 3) that are overgrown. Mr. Santana: Okay. Commissioner Carollo: And, you know, I spoke with my staff regarding, you know, that we're -- I'm going to be supportive of this, but there's monies now to be able to make sure that, you know, the grass -- and the overgrown grass in the right-of-ways [sic] and so forth will be cut. So I just want to verin, with this Commission that there is sufficient money. 'Cause when I went down the list of the lots that in the past have been cut, D3 was not very representative of the money pot. Mr. Santana: Now, the swales that you're mentioning, are they in front of vacant City lots or --? Commissioner Carollo: They are not in front of vacant City lots. Mr. Santana: Okay. Commissioner Carollo: They're in front of certain maybe abandoned homes. I'm not sure. Mr. Santana: Okay. City of Miami Page 76 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Carollo: But I could tell you in all fairness that it's an eyesore. Mr. Santana: Okay. Yeah. If you have any of those issues, just bring it to our attention and we'll look at them. If it's in front of a single-family home that's currently owned, the property owners are responsible for maintaining their swales. Commissioner Carollo: Okay. Chair Sarnoff All right, we have a motion. We have a second. Any further discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RE.14 RESOLUTION 13-00669 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF PAUL WALTERS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $75,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.524000.0000.00000. 13-00669 Memo - Office of the City Attorney. pdf 13-00669 Memo - Financial Signoff.pdf 13-00669 Legislation. pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0254 Chair Sarnoff RE.14. Julie O. Bru (City Attorney): Mr. Chair, this is a settlement of a claim by a former employee. It's under the Workers' Compensation law. It's in the amount of $75,000. Chair Sarnoff Is there a motion? Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say iiye. " City of Miami Page 77 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 The Commission (Collectively): Aye. RE.15 RESOLUTION 12-01078 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A WARRANTY DEED, THE CONVEYANCE OF A VACANT PARCEL OF LAND, THAT IN TOTAL CONTAINS 3,100 SQUARE FEET LOCATED AT 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), TO THE CITY OF MIAMI FROM BRICKELL FLATIRON, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("GRANTOR"), WITH THE GRANTOR COVERING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO APPRAISALS, A SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; GRANTOR WILL FURTHER BE RESPONSIBLE FOR MAKING IMPROVEMENTS AND PROVIDING ALL MAINTENANCE TO THE PARK PROPERTY IN PERPETUITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY. 12-01078 Summary Form.pdf 12-01078 Pre-Legislations.pdf 12-01078 Legislation.pdf 12-01078 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Sarnoff, Suarez and Spence -Jones Absent: 2 - Commissioner(s) Gort and Carollo R-13-0255 Chair Sarnoff All right, RE.15. Mr. Torre, you're recognized for the record. Henry Torre: Henry Torre, director of Public Facilities. RE.15 is a resolution for the acceptance of a parcel of land containing 3,100 square feet, located at 1001 South Miami Avenue. The conveyor will be Brickell Flat Iron, T,T C (Limited Liability Company), and they will cover all costs associated with the transfer of the property, including but not limited to appraisal, survey, environmental report, title insurance, closing costs; in addition, Flatiron will be responsible for making improvements, providing all maintenance to the park in perpetuity. Chair Sarnoff Is there a motion? Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Does anybody wish to have any discussion on this item? Hearing none, all in favor, please say aye." The Commission (Collectively): Aye. City of Miami Page 78 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 RE.16 RESOLUTION 12-01079 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE CONVEYANCE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO BRICKELL FLATIRON, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("FLATIRON"), WITH REVERTER PROVISIONS, WITH FLATIRON COVERING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, APPRAISALS, A SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO PERFORM THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AND THE CITY ATTORNEY AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 12-01079 Summary Form.pdf 12-01079 Warranty Deed.pdf 12-01079 Legislation.pdf 12-01079 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0256 Henry Torre (Director, Public Facilities): RE.16 is a resolution declaring a surplus and approving the conveyance of the City ofMiami-owned property located at 20 Southeast loth Street to Brickell Flatiron. Flatiron in this property will also cover all costs associated with the transfer of the property, included [sic] but not limited to appraisal, survey, environmental report, title insurance, and closing costs. Chair Sarnoff All right. Do we have a motion on RE.16? Commissioner Suarez: Move it for discussion. Commissioner Spence -Jones: Second. Chair Sarnoff Commissioner Suarez is recognized. Commissioner Suarez makes the motion. Commissioner Spence -Jones seconds. Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you. Just very briefly, I don't think you put on the record the fact that you've done -- I don't know if you did, and if you didn't -- if you did and I didn't hear it, I apologize -- multiple appraisals -- Mr. Torre: Correct. City of Miami Page 79 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Suarez: -- which -- Go ahead. Mr. Torre: On all properties. On these two properties, RE.15, the property was valued at less than $500, 000, so as per code, we just did one appraisal. Commissioner Suarez: Right. Mr. Torre: This property came in at $207, 500, the property we are accepting. The property we are conveying, which is RE.16, is valued a little bit higher at $217, 000. There's a $10,000 spread. There was an appraisal done for that property, as well. However, we factored in the fact that they will be doing maintenance in perpetuity, paying all of the utilities and all that stuff and paying all the closing costs for both transfers. Commissioner Suarez: Yeah. And l just want to commend the district Commissioner. He has shown on a multitude of different instances an ability to negotiate and get parkland out of an area that is very difficult to extract park land from, particularly as dense as our downtown core. So I just -- you know, it's just another example of a circumstance where you've been able to do it, and I commend you for it. It's something that you should be very proud of. Chair Sarnoff Andl appreciate that, andl just want to commend this Administration, Henry Torre, Johnny Martinez. I think this is the only issue I can ever remember ever being as a Commissioner where I actually said "Enough is enough." I just got worn out on this one, but it did come home, andl got to say, Mr. Manager, you had a part to play in it, Henry Torre had a part to play in it, andl think you guys actually brought it home. I didn't do it, because the baton was passed to you guys and, candidly, you brought the ball all the way in. Commissioner Suarez: And let me just say one last thing, Mr. Chair. Just from a procedural perspective, this was done the way -- the right way. You know, initially, there was talk of doing it -- you know, doing the land use and the zoning changes without having all this wrapped up, and I think, you know, you heeded our concerns on that issue and brought it as a comprehensive package, which, I think, makes it easier for everyone to understand what exactly it is we're doing. Chair Sarnoff And Lucia, I didn't mean to leave your clients out. And where is -- is Peter Ehrlich still here? This entire piece was Peter Ehrlich's thought process. Malory Porter is over there. Malory, you did burn me out, I got to be honest. But, you know, everybody gets a win out of this, and we get a Raymond Jungles Park, and I think this is the only Raymond Jungles Park that know of in the City ofMiami, and this will be forgotten very shortly, and the park will be remembered forever. So my hat's off to you, Malory. All right. RE.16, all in favor, please say "aye." The Commission (Collectively): Aye. RE.17 RESOLUTION 12-01080 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, ATTACHED AS EXHIBIT"1" TO THE LICENSE AGREEMENT APPROVED PURSUANT TO RESOLUTION NO. 10-0044, ADOPTED JANUARY 28, 2010, AND ATTACHED IN EXHIBIT "2", AND ITS FIRST AMENDMENT APPROVED PURSUANT TO RESOLUTION NO. 11-0283, ADOPTED JULY 14, 2011, AND ATTACHED AS EXHIBIT "3" (COLLECTIVELY THE "LICENSE"), BETWEEN THE CITY OF MIAMI ("CITY") AND BRICKELL FLATIRON, LLC., A City ofMiami Page 80 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 DELAWARE LIMITED LIABILITY COMPANY; FURTHER CLARIFYING THE TERMS OF THE LICENSE AGREEMENT AND REDUCING THE SQUARE FOOTAGE FROM 8,900 SQUARE FEET TO 5,866 SQUARE FEET, DUE TO THE CONVEYANCE OF 3,100 SQUARE FEET TO THE CITY TO BE USED AS A PERMANENT PASSIVE PARK. 12-01080 Summary Form.pdf 12-01080 Legislation.pdf 12-01080 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0257 Henry Torre (Director, Public Facilities): RE.17 is a resolution authorizing the City Manager to execute a second amendment to the license agreement -- excuse me -- between the City ofMiami and Brickell Flatiron; claming the terms of the license agreement, reducing the square footage from 8,900 square feet to 5,866 square feet, due to the conveyance of 3,100 square feet to the City to be used as a permanent park. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Later... RE.18 RESOLUTION 13-00746 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING THE Attorney CITY OF MIAMI'S ("CITY") CODE ENFORCEMENT SPECIAL MASTERS TO SERVE AS LOCAL HEARING OFFICERS PURSUANT TO CHAPTER 2013-160, LAWS OF FLORIDA AND FURTHER DESIGNATING THE OFFICE OF HEARING BOARDS WITHIN THE PLANNING AND ZONING DEPARTMENT AND ITS STAFF TO SERVE AS THE CLERK TO THE CITY'S LOCAL HEARING OFFICERS PURSUANT TO CHAPTER 2013-160, LAWS OF FLORIDA TO CONTINUE CARRYING OUT THE CITY'S TRAFFIC INFRACTION DETECTOR PROGRAM. 13-00746 Memo - Office of the City Attorney. pdf 13-00746 Florida House of Representatives .pdf 13-00746 Legislation. pdf City ofMiami Page 81 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Motion by Vice Chair Gort, seconded by Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez R-13-0261 Note for the Record: Please see Item EM.1 and Item D4.2 for minutes referencing Item RE.18 Chair Sarnoff All right, RE.20. Wait a minute. George Wysong (Assistant City Attorney): What about the companion, RE.18? Chair Sarnoff That's what I'm looking -- RE.18, that's what I was looking for, RE.18. Mr. City Attorney, you're recognized. Mr. Wysong: It's a -- RE.18 is a resolution designating the City ofMiami's Code Enforcement Special Masters to serve as local hearing officers, pursuant to Chapter 2013-160, and the requirement, as I say, comes right out of the amendment to the Mark Wandall Traffic Safety Act. Chair Sarnoff Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Is there a second? Second. Vice Chair Gort: Discussion. Discussion on the resolution appointing special master to conduct a hearing. If it's approved and seconded. Any discussion? Commissioner Spence -Jones: No, I don't have anything. Vice Chair Gort: Being none, all in favor, state it by saying "aye. Chair Sarnoff Aye. Vice Chair Gort: Aye. Commissioner Carollo: No. Commissioner Suarez: No. Commissioner Spence -Jones: Aye. Commissioner Carollo: Do you know -- Commissioner Suarez: No. Commissioner Carollo: -- the -- do we need a roll call? Todd B. Hannon (City Clerk): Yes, sir. I have Commissioner Suarez and Commissioner Carollo as voting no. Commissioner Suarez: Thank you. City of Miami Page 82 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 RE.19 12-00693 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Marc MANAGER TO ENSURE THAT ALL PERMITS ISSUED PURSUANT TO THE David Sarnoff PAYPHONE PILOT PROGRAM ESTABLISHED PURSUANT TO RESOLUTION NO. 01-49, ADOPTED MAY 10, 2001 HAVE EXPIRED; FURTHER DIRECTING THE CITY MANAGER TO CONFIRM THAT EVERY PAYPHONE ON CITY RIGHT OF WAY IS PROPERLY PERMITTED AND REQUIRING IMMEDIATE ENFORCEMENT OF THE PENALTIES IN CHAPTER 54, ARTICLE XI, USE OF THE PUBLIC RIGHTS OF WAY FOR INSTALLATION OF PAY TELEPHONES, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 12-00693 Pre-Resolution.pdf 12-00693 Legislation (Version 2).pdf 12-00693-Submittal-Simon Ferro.pdf 12-00693-Submittal-Nathan Kurland.pdf WITHDRAWN Chair Sarnoff All right, we will -- I'm sorry. We'll bring up -- Commissioner Spence -Jones: RE (Resolution) what? Chair Sarnoff -- it is -- I know it's the time certain payphone, RE.19. Commissioner Spence -Jones: RE.19. Chair Sarnoff Okay, this is -- RE.19 was my issue. And if you all remember, about 18 months ago to 20 months ago, I started looking at all the payphones in the City ofMiami, asked the auditor general to do an audit of the payphones to see that we received the appropriate amount of money for this project; and then investigated how did we get the payphones out there? Why do they have or do not have advertising? What is the use of the payphones? Are they being used to the extent that they were being used? And the only thingl will tell you when we started this endeavor -- and is Simon Ferro out there? Simon Ferro is a very honorable attorney, and he's done a very credible job. But when we first started bringing this issue to the Commission, I will tell you that most of these payphones did not function. They simply didn't work. And when I say "didn't work, " some of them didn't even have receivers on them, handsets. Now I could tell you today, probably, every payphone now works. But, you know, you shed a little sunshine on something and suddenly its primary use, in theory, goes back to being able to be used. But what I've done for you is, I'm going to let Danny go over it, from my office, present to you. And, Danny, I'm going to now turn it over to you. Danny Goldberg: Thank you. Dan Goldberg, Commissioner Sarnoffs office, 3500 Pan American Drive. I'm here today to give you a little brief legislative history and an analysis of the data furnished to me by First America Telecom, Mr. Ferro's client, regarding payphone usage in the City ofMiami. I'm going to pass to you out copies of both the presentation, because I know it's a little hard to see it on those small screens, and the raw data I have from my Excel spread sheet with the data furnished to me by the telephone company. I'll try to make this as brief as possible, since I'm sure you're weary from the -- all the discussion this morning. I was essentially asked to look at the question of whether the public benefit of these phones has been eclipsed, whether they are no longer simply public service with advertisements attached but are now simply advertisements with a phone attached as an excuse to have them there. I believe that this will shed some light that the answer is actually the latter. A brief history as to how we've come here. In 2000 we enacted Chapter 54 of the City code, which allowed payphones on the public right-of-way. In 2001 the City entered into a pilot program agreement with First American Telecom for the kiosk phones, meaning the phones with the three panels on the side. City ofMiami Page 83 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 That pilot program ended in 2002. And in 2009 the State Legislature passed a law that allowed - - that permitted up to three panels of advertising, no more than eight feet -- eight square feet per panel on payphones, assuming the payphones are permitted by the municipality. Now, from my - - for my analysis, I looked at two phone types that First American Telecom has. The first are what are called ROW phones, Right -of -Way phones. These are phones that you find on city, county, and FDOT (Florida Department of Transportation) rights -of -way in the City ofMiami. These are the typical payphones that you find on the sidewalk. The non -right-of-way phones are phones that First American Telecom operates but are within private establishments, such as gas stations, bars, restaurants, and the like. The time frame we're looking at here is from 2007 to 2012. First American Telecom pulled their logs and gave me the complete data they had for 2008 to 2011. However, 2007, they only had data for the first six months of the year, and for 2012, they only had data available for the first nine months. I doubled the 2007 number and multiplied the 2012 number by four -thirds to get a full year's worth. I just feel need to let you know about that so that you understand completely how I arrived at the numbers I arrived at. There are 163 phones in the right-of-way in the City ofMiami right now. Ninety-four or ninety-six, I have some conflicting backup. But 94 or 96 are permitted by the -- are permitted directly by the City on city or county rights -of -way, 69 of which are permitted by FDOT directly on their state roads, because our current City ordinance does not allow us to -- does -- precludes the City from permitting phones on FDOT's rights -of -way. It's a power we could have, but we do not. Of those 163 phones, 45 are what is known as standard phones. They have no advertising. They're simply the small box. And 118 contain the advertising. In front of you right now is a list of the locations of both types of phones. As you can see, they are predominantly within the urban core with almost half of the phones with advertising are in downtown, Omni, and Brickell. However, there are many as well on the Upper East Side and Little Havana. There are some others around -- across the City, but there's -- they're few and far between. The graph infront of you shows the total amount of calls made from First American Telecom's phones, both the phones on the right-of-way, the phones off the right-of-way, and the total. As you could see, the total and the phones that are off the right-of-way, the ones that are in private establishments track very closely. And as you could see, the one -- the phones that are on the right-of-way are far below that and have been very steady over the past six years. What this shows is that the majority of all the phone calls made from First American's payphones have always been and continue to be phones that are found in private establishments or, presumably, there's also a landline or perhaps some with a cell phone. The phone calls made from the right-of-way have remained steady over time, fluctuating from year to year, but generally staying in the 170 to 190,000 calls per year range. This graph here shows you the 911 calls made from First American Telecom's payphones, from the data furnished to me by First American Telecom. Once again, you can see that the total amount of 911 calls made from their phones closely tracks the phones -- the calls made from phones that are off of the right-of-way in private establishments; or, once again, should there be an emergency that requires 911, presumably, there's someone with a landline or a cell phone to assist. The 911 calls that were made on the right-of-way on the city streets have remained consistent at around 2 to 3,000 per year. I compared this to our City's 911 system. Our 911 system handles approximately 550,000 to 600,000 calls a year. The vast majority of which, over 96 percent don't come from payphones. Of the 4 percent that do come from payphones, substantially all, as you saw in the last slide, come from phones that are not on the right-of-way where, again, there's usually someone there who could help, as you could have a landline or a cell phone. The graph infront of you here shows a percentage -- the percentage of calls made to our 911 system by type, by origin. You're not just staring at a green block. That green represents phone calls made from a phone that is not a payphone; a landline, a cell phone, something of the like. And as you can see here, the vast majority of the calls made from cell phones are again from those that are in private establishments. Ones that are on the street make up no more than half a percent to three quarters of a percent of all the calls that come to our 911 system. Because of this, the public service of these phones has diminished over time. They no longer -- they -- the 911 calls have been consistent, and they no longer really serve the public's service that you think they do. My recommendation to you would be to amend Chapter 54 to prohibit the issuance of new permits for phones citywide and to remove them upon -- remove the City ofMiami Page 84 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 phones upon the expiration of the existing permits. Alternatively, should you so choose, you can amend Chapter 54 to prohibit the advertisements on the phone. The state statute permits, permits advertising on phones, but it does not require them. You can condition it. And that was that. I'll leave it to Mr. Ferro. Andl'd like to, if it's possible, have a few minutes for rebuttal. Chair Sarnoff Well, let me postulate to this Commission. There are two premises before us. If you believe -- I happen to believe that the use of payphones, I think its day is over, because I think they're really nothing more than little mini advertising booths. But if you think that you still need a payphone, I want to show you a better system, a better procurement method, and a more robust competitive nature, and show you what New York City has done. And I'd like to -- so if you're on the -- if you're hedging your bet and you're saying, Well, maybe we need a payphone, 7 want to show you a procurement method that New York City went through. They have very similar payphones to us, actually uglier. And if you could, just show that real quick. Mr. Goldberg: Sure. And just to elaborate a little bit. New York City has management agreements and competitively bids their payphones. That management agreement is set to expire in 2014, so the City actually put on an event called Reinvent Pay Phones. "And this was one of the competitors. The company's name is Frog,'and the phone is called the Beacon'hone. Unidentified Speaker: Let's queue that up real quick. There you go. Note for the Record: At this time an audio -video presentation was made. Chair Sarnoff Thank you. So I just wanted to show you that there are alternatives out there, if you happen to be a person that says we absolutely need to have payphones. We always call ourselves a modern city. We always say we're going to be on the state-of-the-art. This is the state-of-the-art. And with that, I'll open up a public hearing, and then we'll bring it back to this Commission for the Commissioners' thought. So there's a public hearing presently on RE.19, and Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 26 Street. I've been in the City ofMiami since 1962, andl remember even there were not so many payphones, but in every traffic light underneath, there was a pole with a phone to call in case of accident or whatever problem, and now it's still -- if it is -- You still could use the payphones without paying to call 911. I think that's my only -- the issue I got with that is that because I don't use payphones. I don't use landline. The only thing use is the cell phone. And only for transmit and receive. No pictures, no Twitter, no Facebook, no nothing, just business. Andl think the payphone -- if they take care of them, if they proper, they functioning, they should remain. Because in the case -- in case of emergency and complaint, many people don't have cell phones. Many people don't have the landline home or anything and a problem happen, you have that payphone where you could connect to the 911 or any other thing without using money. Thankyou. Chair Sarnoff Thankyou. You want to speak? You want to hear -- let Mr. Ferro go up first. You're recognized, Mr. Ferro. Simon Ferro: Good morning, Mr. Chair, members of the board. Simon Ferro, with offices at 2 South Biscayne Boulevard. First of all, I want to thank the Chair for the time certain. One of my colleague, Amy Boulris, who was here with me, must take a plane this afternoon, so I truly appreciate the courtesy and consideration. I also want to thank you for all the other courtesies you've had; that we've been talking for over a year now, andl think we've met two or three times. Mr. Goldberg, who made a very good presentation, that I want to commend, also met with us for several hours, and we provided the call data information that he used in his presentation. From the very beginning -- andl -- first of all, I want to say I'm here today with Amy Boulris, who's my partner. Also here today is Goran Dragoslavic, president of First American Telecom City ofMiami Page 85 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Corporation; Michael Kohner, who's the operations director of First American, who's the person that Mr. Goldberg met with; and also Mr. Bruce Renard, the executive director of the Florida Public Telecommunications Association. I want to say that for the last year, we've been involved in the process of providing information to the Chair's office, to the City Manager, to the City Attorney's office. First American has been operating public telephones in the City ofMiami since 1986. And want to give you a little bit of perspective on who we are and why public telephones are still very, very relevant to the community and especially to the inner core. Yesterday I dropped off in your offices another packet of information which has some of the call log information that we have. I hope you have it with you. I passed out another packet of information a few minutes ago that maybe is not as important at this point, because, Mr. Chair, when I came here today, I was going to tell you, Mr. Chair, I do not disapprove of the resolution that you've provided the Commission. There's a resolution that has -- is on the floor today. We do not disagree with it. We agree that the Manager ought to take a look at all the permits. We've been very transparent from the very beginning. In the very beginning there was a question as to whether these telephones worked, and think we've proven that these telephones work. They're operational. Mr. Goldberg's meeting with Mr. Kohner was dedicated to do that some months ago. He actually sat in our office and on a -- an actual time basis was able to log into existing phones, was able to pull call data information from any telephone that he so desired. So we've been very transparent and provided anything that we could. It was not confidential based on a business relationship. We were then told that we were installing new phones in parts of the northeast -- or the northeast without a permit. We immediately provided the information to the Chair and to the -- some of the folks in the northeast that those phones have been there for many years. Then there was an audit that was initiated by the -- requested by the Chair to see whether we had been true to the commitments we had made under the pilot program which had expired, andl think that the audit says that we have been. And they actually have some very, very credible recommendations on how to proceed in analyzing the use of payphones and maybe how much the City can also benefit from the use of payphones. But going back to who we are and why we're here. We've been serving since 1986. In the year 2000, there -- and in those years, there was a revolution, a technological revolution in the US (United States). A lot of -- everybody had cell phones. Cell phone use was increasing. BellSouth, who had most of the payphones in the City ofMiami, pulled out, and they told everybody they were going to pull out because as a model -- as a working model, they didn't think that payphones were worth it, even though payphones served then and today a very substantial public benefit. The staff here at the City ofMiami called our company and said, BellSouth is pulling out. "We can't have -- We cannot have payphones in the City ofMiami. "And that's what initiated the pilot program and the amendment to Chapter 54, because we needed payphones, and we needed to find a way to make payphones work economically, because in fact, in the year 2000, there were 25 payphone companies operating in the City ofMiami and today there are only 2. So there's no doubt. We do not argue with the fact that today payphones and the payphone use has diminished over the years, and who knows where it's going to be in 10 or 15 or 20 years? But the question that the City has to ask itself is, "Are we going to be the only metropolitan city, major city without public payphones? And if we are going to have public payphones, how are we going to make them work as a model? Because they don't work as a model anymore just by pulling operations and by the usage of it." I saw a very interesting clip on the New York idea. I don't believe that idea actually exists. Those phones are not fit -- that they installed in New York. They've not -- they've just been designed, it is my understanding, Mr. Chair. Chair Sarnoff Right. They're going through a competitive process, Mr. Ferro, because they just didn't just want to willy-nilly hand to somebody the right-of-way and have them exist there for X" number of years without a competitive process. Mr. Ferro: Well -- and I will tell you, because I don't know whether I'm arguing for keeping the payphones or arguing against the idea of eliminating payphones, 'cause I'm not going to argue against the idea of upgrading and of bringing in the best technology possible to the City. We do not shy away from that, Mr. Chair. We're willing to abide by whatever policy decisions this City ofMiami Page 86 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 board makes about what is best for telecommunications -- Chair Sarnoff But let me ask you this. Mr. Ferro: -- in the City rights -of -way, but I'll -- I'm happy to answer your question. I do want to say other things, but I'm happy to answer your question. Chair Sarnoff Why should American Telecom -- that's the name of the company? -- be our provider without a competitive process? Mr. Ferro: Mr. Chair, that's in your code. Right now Chapter 54 allows any telecommunications company with the right licensing and certification to come before the Public Works Department and pull a public payphone permit. You have never limited that right. It is the law today. And it -- frankly, it maybe should be the law in the future, but again, we have not -- we're not to sole provider for the City. We have never stated that we are. We have never, you know, gone out and said, Don't give anymore payphone permits to anybody else." The fact that there are no other companies competing or asking for these permits ought to tell you something. And what it says is that without advertising, without some level of subsidy to the payphone, it really -- it is not a viable economic model. That is why the 2000 pilot program, which, by the way, was not approved to actually approve advertising. It was approved to create a model and a design model for which -- so that in the future, you could use it for the payphones, including advertising, because Chapter 54 today, and in 2000 allows advertising on public payphones. So the real purpose of the 2000 pilot program and of the resolution that was approved was to standardize a model so that the -- First American, which was the only company that stepped forward when everybody else was bailing out on the City, could work with the Public Works Department and come up with a model that would work. At the end of that pilot program, the Public Works Department was very satisfied with the result of the program and the result of the design, and because we were properly permitted under Chapter 54, we continued. The one thing that was not added to Chapter 54, which we in fact continued to do, was that under the pilot program, we had agreed to pay a 15 percent of any advertising revenue we received to the City. After the pilot program expired, we voluntarily continued to pay that amount to the City, even though there's no authorization to do it in Chapter 54, there's no requirement, and there's no legal obligation for us to do so. So First American has been working for the City and with the City not only since 1984 -- '86, but since the pilot program, we have been your major and number one provider of clean, efficient, and workable telecommunications in the public rights -of -ways [sic]. Chair Sarnoff Now -- Mr. Ferro: Now -- Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff Yes. You're recognized for the record. Commissioner Spence -Jones: I'm sorry. Are you --? I don't want to interrupt. Mr. Ferro: Commissioner, yes. Commissioner Spence -Jones: Were you going to ask a question, Commissioner? Chair Sarnoff I was, but I -- Commissioner Spence -Jones: Okay. City of Miami Page 87 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff -- obviously (UNINTET,TIGIBT,F) Commissioner Spence -Jones: I just got kind of like a little confused, because the item itself -- I just want to be clear, Mr. Manager -- that we're talking about is really about directing the City Manager to confirm every payphone in the -- that they're properly permitted. That's what this item is about. It's not really about the advertising. It's not about whether or not we need to have them. I just want to be clear. That's what the item is? Okay. So you're just -- we're just having a discussion, Mr. Chairman, just in general about the issue, because this item speaks to something totally different? Or it's included, but this discussion is something -- a different discussion from what the item is. Chair Sarnoff Correct. What I'm bringing to you is one premise: Do we need public phones? Commissioner Spence -Jones: Yes. Chair Sarnoff Second, if you do need public phones, why are we not doing a competitive process when we give the right-of-way to others, and shouldn't we be using the state-of-the-art of payphones? Commissioner Spence -Jones: Okay, so let me deal with the first thing, because I do think that what we're here to vote on and discuss is really about directing the City Manager to do what, I'm assuming, has already been done, correct? Okay. So that's the number one thing. The second thing for me, Mr. Chairman, I actually believe we do need payphones, and I'm just saying this. Just even most recently, it's crazy that haven't used a payphone in God knows how long, and had to use one this particular time because my phone was unavailable. It wasn't on me. So you really don't realize how much you need something until you don't have something available to you. And we all know -- everybody sitting in this audience knows that, you know, sometimes these wonderful cell phone companies that we do have -- Can you hear me now?'L- don't work, so you know, you don't ever want to be in a situation where you don't have an option. Just -- so for me, I don't think that there's even a discussion for me around whether or not we need them. I think we should always have an option. If there's a storm, if, you know, the cell towers go down, you automatically have -- should have payphones. Personally, when I saw the list, I was very shocked that there are no payphones; at least in my district, I didn't see them. I didn't see not one in our area, so I don't think there are any in Allapattah, at all, as well. Vice Chair Gort: We got three. Commissioner Spence -Jones: Right, three. So -- andl know in our areas, we probably -- I'm not trying to ask for payphones, but I'm just simply telling I think that it's important to have them especially for -- So I firmly believe that we need to give people options to have, you know, the ability to use the phone. If they can't afford to pay for a phone or if they've lost their phone or if the phone service down, it's great to know that they're there. So that's my opinion on the second part of this. I do want my -- you mentioned earlier the auditor had come back with, I guess -- I know Mr. Chairman had asked for a audit on this issue. I would like for him to at least put on the record any findings, any conclusions that came actually out of that audit of that -- of the company to see whether or not they were meeting the requirements and standards, and then I just have a closing comment on it, Mr. Chairman. But if our auditor can just give us his viewpoint on the record, I would like to know what came out of it so that it's officially put on the record for not just the people sitting here, but the people that are watching. Ted Guba: Okay. Good morning, Commissioners. Ted Guba. I'm the auditor general. We did an audit at the request of one of the Commissioners. We -- the audit scope was verifying the ad revenue, as well as the permitting revenue over a five-year period. And then fiscal year 2012, we found no exceptions in regard to paying this monies -- these monies. As far as a couple of the recommendations that resulted as a result of the audit -- City of Miami Page 88 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Can you pull your mike down? I'm having a hard -- can you pull your mike down? Vice Chair Gort: Can't hear you. Mr. Guba: Oh, I'm sorry. Commissioner Spence -Jones: That's okay. Mr. Guba: We had a few recommendations as a result of the audit. The original resolution did not allow liquor ads to be displayed, and they are displaying liquor ads. The resolution also required two ad panels, and most of the phones had three ad panels; however, about 40 of them were given to the Downtown Development Authority for free advertising, and one of the phones was installed outside of the pilot program area. And those were basically the exceptions that we found through the audit. Commissioner Spence -Jones: Right. And then I -- to my understanding -- but we do need to know that there should be some increase in revenue as a part of this whole thing, as well, right? Mr. Guba: Well, yeah. There was -- Commissioner Spence -Jones: Is it your recommend --? Mr. Guba: Yeah, some recommendations. I mean, if we're going to continue this, we should formalize the agreement. The pilot program expired and as was -- they're not running under a formal agreement. Also, I think there's room to increase the ad revenue by getting a larger percentage of it, more than 15 percent. And also -- Commissioner Suarez: Mr. Chair. Mr. Guba: -- there should be some more oversight internally. I think one of these things is being taken care of by the Manager's verifying the permitting, but they also have to do -- have a program in effect to make sure that the phones out there are reviewed periodically in terms of the number of advertising panels to make sure that we are getting the appropriate amount of ad revenue commissions. Commissioner Spence -Jones: Let me just -- let me -- and then I'm going to shut up on the item. I've already stated, I think, that definitely we should have payphones. I've already heard from the auditor as to what changes need to be kind of adjusted from the existing agreement that we have, which seems as though the audit was at least somewhat favorable with some minor adjustments. And l just wanted to just be clear, you know, from staff you know, as to whether or not, you know, they've been pretty good corporate citizens for the most part, and I'm just saying -from the standpoint haven't really given the City a hard time; has really just been, you know -- if there is an issue, has addressed the issue. And I'm just say -- I love the vision of the Chairman. I can't wait till we can get to the point where we have those beautiful panels. Now mind you, I have to let you know, though, I did some adver -- see some advertising on one of them panels. I'm sure you saw that Coca-Cola bottle -- Chair Sarnoff One thing -- Commissioner Spence -Jones: -- or whatever bottle it was. Chair Sarnoff -- Mr. Ferro and I will agree on, if -- City of Miami Page 89 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: But -- Chair Sarnoff -- we're going to have payphones -- Commissioner Spence -Jones: Right. But you didn't -- Chair Sarnoff -- they're going to have advertisements. Commissioner Spence -Jones: Okay, okay. I didn't want to make -- Chair Sarnoff No, he's right about that. Commissioner Spence -Jones: Okay. I just want to make sure, 'cause I thought -- Commissioner Suarez: (UNINTELLIGIBLE), Chair. Commissioner Spence -Jones: -- that one of the issues was, you know, we didn't want the advertising on the payphones, so you don't have a issue with that. I just feel like if there's a process that's put in place and they have adhered to the process, they have gone through the permitting process, you know, like anybody else has an opportunity to do the same thing. I just want to make sure we're doing this with the right motivation. And as I sit and listen to both sides -- you know, I think Danny did -- you did an outstanding presentation, you know, so I want to acknowledge you for that and probably worked very hard to pull it together, so I want to acknowledge you for that. But I just want to do things that are right, you know. Andl hate to see a company that has been in the City, has been working very hard; when everybody else left, they remained here; provides a valuable service to not just residents but people that are traveling from all over the world, and if they need to use a phone, it's available. You know, I just hate to see -- I mean, if we're coming to the point where you feel like we need to put a RFP (Request for Proposals) out, then let's do that. I don't have a problem with supporting something like that. But right now they're following the City's procedures, and that is, you know, they filed for a permit. You know, they did everything that was necessary. If it wasn't -- if they were not in compliance, then they corrected it, you know. They even allowed for us to use space to promote our City programs. You know, I'm saying DDA. So, I mean, I just -- it's already hard enough to do business in the City, you know, and you know, it's like we have to remain passionate -- you know, compassionate to people that are just trying to do the right thing. Andl don't -- I'm not taking anything away from the Chairman, 'cause I understand that he is a visionary and he seems sometimes things 20 years ahead of us at times. Andl love those City of New York payphone contraptions, whatever that thing is but -- Chair Sarnoff It's called the frog." Commissioner Spence -Jones: Right. But right now, you know, we have payphones that are in our city; you have a company that's been here for the last -- what -- 20, 30 years, you know, that's try -- Mr. Ferro: Twenty -- Commissioner Spence -Jones: -- (UNINTELLIGIBLE) -- twenty -something years. Mr. Ferro: Twenty-seven years. Commissioner Spence -Jones: -- 27 years trying to do the right thing. It's -- you know, it's -- I'm sure they provide jobs for people in the area, in the community. You know, the phones have to be repaired. I mean, I would just ask that we just have a little bit more compassion on this issue, you know. And if there's some adjustments that need to be made, cool, let's make the City of Miami Page 90 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 adjustments, but -- and if the vision -- if the goal is down the line you want to move into that era of phones that we saw coming to New York -- quite frankly, like you said, it's not there yet, so when they get -- when they actually get it installed and it's there, we don't know how many problems it's going to have, right? So we can't really even judge it based upon, you know, the beautiful video. But I just -- this item is not about any of that. This item is about directing the City Manager. So whatever we vote on, it's going to be about that anyway. But just speaking from a personal perspective as a district Commissioner that has compassionate -- compassion for small businesses or businesses that are trying to do the right thing, you know, I just think that we need to be sensitive to those issues, as well. And that's just my own personal opinion. Mr. Ferro: Thank you. Commissioner -- Johnny Martinez (City Manager): Commissioner, since -- Chair Sarnoff Commissioner -- Mr. Martinez: -- you touched upon the revenue, we are increasing the percentage that comes to the City. Commissioner Spence -Jones: Okay. Chair Sarnoff Well -- Mr. Ferro: I -- Commissioner, may I address? Chair Sarnoff I'm just -- let me have the Commissioner speak, and then you could tell us what you're doing or not doing. Because what we have is a system, I think, in disarray, just my opinion. But let me let Commissioner Gort go. Vice Chair Gort: My understanding is, one of the question is do we need a phone? Do we need a phone system? We do, and when you look at the statistics that are here where there should be more phones, they're not. Commissioner Spence -Jones: Yeah. Vice Chair Gort: Andl can understand -- in my neighborhoods -- in some of my neighborhoods [sic] and some of the other districts -- Commissioner Spence -Jones: We need (UNINTELLIGIBLE). Vice Chair Gort: -- 'cause a lot of people don't have cell phones; they can't afford it. They can't pay for it. And these are the people who use the 911. I also understand that if you don't get any revenues, those phones have to be subsidized. I understand that. My question is, do we have an existing contract with this company at this time? Veronica Xiques (Assistant City Attorney): There is no contract in place, no. Vice Chair Gort: There's no contract. Mr. Martinez: It's permit by permit. Vice Chair Gort: So we working on a -- Unidentified Speaker: (UNINTELLIGIBLE) permit. City of Miami Page 91 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Vice Chair Gort: -- monthly permit. Or yearly permit. Chair Sarnoff What we're working on is the seat of our pants. Vice Chair Gort: Okay. That was the second question. Because one of things that I did, I read the -- andl talked to you andl told you about it. My problem is, I read the contract. And the contract, yes, we get 50 percent of the advertising, who, they don't do directly, the subcontractor advertising. So we get 50 percent of what they get, not from the -- they don't produce the revenues themself They have a subcontract with the company that does the marketing for advertising. I'd like to see that change, 'cause I like to see the companies that getting greater benefit make more and the City to make more too and provide the services. That's what I'll be for. Chair Sarnoff Okay. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Just a couple of comments. Just want to be brief but I want to get it out on the record as to my feelings on the whole thing. First of all, I support the legislation, as drafted. I -- secondly, I think it's great that you asked the auditor general to audit the contract. That was always my vision of how the auditor general's office should function. You know, when a Commissioner has a concern about a particular relationship, they can ask the auditor general to do an audit, and we can confirm whether the party's a complying party or not a complying party. Andl also like the fact that he came before us here today and is part of this discussion. I think that's -- that makes all the sense in the world. I am an advocate of the payphones, because it's something we haven't really talked about here, which is, you know, our number one -- we talk a lot about base industries. We've always talked about it. Our base industry is the tourist industry, and that's our number one industry. It's record -breaking, you know, thanks to all the advantages that are -- exist in the City ofMiami. But know when go to Europe, I don't have a cell phone that's international, so I know that the payphones in Europe or anywhere, you know, internationally, are a means for me to communicate within the countries and to the United States, aside from the 911 aspect of it for someone who may not have a cell phone or who has a cell phone that has lost battery. As we know, our cell phones have a limited amount of battery and they often die. I agree with you. I'm an advocate of technology. Obviously, I've been here on a multitude of different items talking about technology, and that does look like an interesting technology. I think, as Commissioner Spence -Jones said, you know, maybe it's something that we should kind of monitor, because if they haven't been installed in New York yet, you know, we should kind of see how it goes. But I'm glad that you mentioned, because I think she mentioned and you agreed andl agree that, you know, I doubt that any of -- whether it's new technology or not, that could -- that it could exist or be profitable or would be feasible without the advertising component of it because -- and we've been all over the place when it comes to advertising on these kinds of things. I mean, we've been -- as you said, you know, we allow it on bus benches. You know, I voted against it, where it had to do with the pay -- you know, the pay stations. So, you know, I mean, we've kind of -- been kind of all over the place on that issue. But I agree that I doubt that we can have what is basically a luxury service to our residents and to tourists without some sort of a subsidy to that service. I don't think it could exist alone on the -- you know, on its own revenues, andl think everyone agrees with that. I don't think there's any dispute about that. I wanted to commend Mr. Goldberg for his presentation; did a very good job, although your recommendation is different from what we had before us. So I think that's something that you should think about, but I appreciate it. I think you did a very good job, and very comprehensive, very well delivered, and you should be commended for that. Vice Chair Gort: By the way, let me add to that. Mr. Goldberg gave us a great job, a lot of the graphic and all that. Very good. You're doing good. Commissioner Spence -Jones: So you get a A'today. Tell your boss he needs to treat you to lunch, okay? City ofMiami Page 92 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff I'll take him to lunch today. By the way, I think he did well enough to go to lunch. I agree. Mr. Ferro: I'll -- Mr. Chair, I'll take him to lunch. Unidentified Speaker: I heard that. Thank you. Mr. Ferro: IfI may, Mr. Chair, I just -- just a couple of comments. I appreciate the comments. You know, one of the things that we've discussed with staff and with the City Attorney is because, for example, Commissioner Gort and other Commissioners said, You know, we really do need more revenue'Is -- and we agree with that. You know, we are more than willing to increase the revenue from advertising to the City. One of the issues we discussed was -- with the City Attorney was how do we do that? And one of the things we discussed was you can have two types of permit fees. One permit fee for non -advertising payphones and the other higher permit fee, you know, which could be reviewed every couple of years, for the advertising revenue. I think one thing we ought to keep in mind is that even -- you know, we're a great city, not because of our size in relation to New York, but New York does have probably two times the population that Miami has. So, you know, what's good for New York, even though it's very beautiful, may not necessarily be cost-effective for Miami just because of the economics -- Chair Sarnoff Hold on. Mr. Ferro: -- of the model. Chair Sarnoff Per capita -- I've done the analysis. And on a per capita basis, we have a higher incidence of tourists than New York threefold, so your density study doesn't really pan out when you factor in the tourism. If you consider that tourists are probably the most likely users of this, your analysis fails. Andl don't want to debate you too much on this. Mr. Ferro: No. Chair Sarnoff I just don't want you walking out saying, *hat works for New York may not work for us." Mr. Ferro: Well, what I -- Chair Sarnoff Because what works for New York will probably better work for us. Mr. Ferro: Well, Commissioner, again, the point I'm trying to make is the following. I think there are many ways to increase the revenue to the City to improve the look of the -- and the functionality of the payphones and to provide phone service to the people of the City, all of which require an amendment to Chapter 54, which we have always been advocating that, yeah, you need to do that. Because what think you don't want to have is require an advertisement on every payphone in the City. The fact is that's not necessarily what you need. There are places that, you know, where there's a great value to the advertising. So what I'm trying to tell you is that there's many ways to resolve this problem. And what would hope that the Commission takes from this conversation -- and we would like to work with the City Manager -- is that the City Manager investigate all options to improve telephone service, to improve -- to increase the revenue to the City, and to create competitiveness. The current code is already competitive. This is a first come, first serve. And this is a company that when everybody else bailed out on the City ofMiami, they stepped forward. We've invested a lot of money in these -- on these payphones. These payphones have -- Chair Sarnoff And Mr. Ferro -- City ofMiami Page 93 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Ferro: -- some have solar panels. Chair Sarnoff -- you certainly have invested a lot of money in the past year, because most of those payphones weren't working when you andl started the conversation. Having said that -- Mr. Ferro: (UNINTELLIGIBLE). Chair Sarnoff -- I want to make sure -- stop a second. I don't want to berate this or make this any longer. Here's what I'm looking for: I want this to be a state-of-the-art city. I want this City to be fair, because I want to put out an RFP that allows everyone to demonstrate a scheme. We don't allow anybody who wants to put a bus bench to put a bus bench out. The reason we don't do that is we want the bus benches to have a common theme. And we also are aware of the fact that you have to put a certain number of bus benches out with some advertising on them in order to have bus benches that are well -maintained, functional, and useful. Why? Because it's the nature of the beast, so to speak. So what I'd like to do is when we put something in the public right-of-way, it should be competitively bid, and there should be a scheme, and that schematic should be the vision of this Commission so that if -- and the best example I can come up with is the bus benches. We decided what the look would be. We decided that there'd be shelters. We decided that some places would have advertising; some places wouldn't have advertising. And then we put out an RFP of sorts. And what want to do here is do exactly like New York. I don't think -- I think they bleed the same as us. I think they eat the same as us. And I want to make sure that we give a competitive process to this with a schematic that suggests -- Commissioner Gort wants a certain amount of revenue, then that should be part of the RFP. If Commissioner Suarez wants it to function by eye contact and no hand contact, I want that to be part of the RFP. So I want to make sure that we, as a Commission, take this opportunity to improve ourselves and to make this better than we are. To turn around and just say they have agreed to give us 12 percent more revenue, is that the way you want to fly this plane? Is that -- Commissioner Spence -Jones: But I -- Chair Sarnoff -- the way you want this City to operate? Commissioner Spence -Jones: Right. And, Marc -- and I'm not saying that, you know, we should not get to the point that we're considering that. I'm just saying here you have a, you know, company that's -- you know, it's not like they're not going through a process. The process is open to anybody that wants to participate, you know. If they want to put payphone -- now you're going to have a mad rush of people because they're not really concerned about providing phone service to people that need it. They're really concerned about the advertising on it, so their main focus is that's going to be the push and not providing the service. So, you know, I think that our focus should be, at least the item that you brought up -- I think we all agree that we'll support item number RE.19, you know. I think that the City Manager's already in the process of doing all of that, but -- I mean, if your recommendation is asking for the City Manager to come back with some sort of RFP process as to how we're doing that, then, I mean, that's the recommendation, but presently, there is a system put in place to address anybody that wants to permit phones. Chair Sarnoff Right. And I'm not -- Commissioner Spence -Jones: And we -- and we're now allowing for the -- we're allowing for the advertisement piece to come in only because we want to get some revenue from that that assists us with other things that we need to do towards our bottom line. But I just want to do things right, man. I just --I don't want to be involved in something thatl know is about destroying anything in any way. You know, I just don't want to be a part of that. So if we're voting on the RE.19 item, I think we should vote on that and get that out of the way. City of Miami Page 94 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Unidentified Speaker: Well (UNINTELLIGIBLE). Commissioner Spence -Jones: Oh, okay. Chair Sarnoff There is a public hearing opened, so let me allow the other members of the public -- Mr. Ferro: IfI may just -- Commissioner, just one last thing. Chair Sarnoff Why don't I let you finish up. Mr. Ferro: Pardon? Chair Sarnoff Why don't I let you finish up. Mr. Ferro: Okay. I appreciate it. Chair Sarnoff But whatt I've asked you to do is stand down for a moment. You might -- Commissioner Spence -Jones: And let the resident -- Chair Sarnoff -- want to respond to something that somebody says. Mr. Ferro: Will do. Thank you. I'll -- ifI can reserve some time, I'll appreciate it. Chair Sarnoff Oh, no, no, no. That's -- Commissioner Spence -Jones: He said at the end. Chair Sarnoff Yeah. Mr. Ferro: Thank you. Peter Ehrlich: Good afternoon. My name's Peter Ehrlich. I live in 770 Northeast 69th Street, in the Upper East Side, on Biscayne Boulevard and 69th Street. Andl live on 69th Street, andl work on 59th Street in Lemon City, so I'm driving on Biscayne Boulevard 10 or 15 times a day, and every day I have to drive by these advertising kiosks with the phones attached dozens of times a day. And in the last six months or seven months since they started super -sizing these phones and adding the two or three ad panels to the existing phones, some of which existed a decade ago, I've never seen one person making a phone call from any of these phones. They seem to solely exist to sell ads, andl guess it's a group out of New York City called Vector that's responsible for putting the ads on our streets. Many of you probably received the e-mail (electronic) from the MiMo (Miami Modern) District. Nancy Liebman is out of town and wasn't able to be here today. But if you looked at the e-mail from Nancy Liebman, apparently the Florida Department of Transportation is responsible for the right-of-way on Biscayne Boulevard. And according to the -- a letter from Mr. Justins [sic] from the Florida Department of Transportation -- I'm going to read a little bit of it. But there was also a letter from Stephanie Grindell, who was a former City ofMiami Public Works director, dated September 7, 2006, to First American Telecommunications. She states -- andl quote from the memo, from the FDOT memo -- Payphones located on state roads shall be approved by FDOT'(Florida Department of Transportation). Probably, somebody from FDOT should be here participating in this discussion, 'cause we're really talking primarily about the roads that are under control of FDOT. Now, the FDOT claims that a permit was issued to First American in 2007 for a master application for 200 locations. The permitted locations did not include the right-of-way between City ofMiami Page 95 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 62nd to 87th Street in the MiMo Districts [sic]. This permit expired in December 2008. First American was -- assumed the permit or blanket permit and any installations that are under this permit. And I'll conclude. Regarding the FDOT: No advertisements will be allowed on any payphone structure within the FDOT right-of-way. "I think you all need more information to make a -- to vote on this issue. I think FDOT needs to be intensely involved. You can contact Mr. Justins [sic]. He's been writing the memos on this. And we hope you'll hold up and get some more information before letting this go forward. Thank you very much. Nathan Kurland: Good afternoon. Nathan Kurland 3132 Day Avenue. I don't know whether any of you realize this, but there's a terrific, terrific irony going on right now. Like Commissioner Suarez said, it's good to see Mr. Guba here, and I'd like to quote Mr. Guba in a letter that he wrote March 21, 2013. It was his opinion that jiayphones were there to promote revitalization and redevelopment in the City and to encourage the reduction of visual blight. " Now, can you identify the irony here? We're here today, some of us, to complain about this advertising that is visual blight. So here's the irony. Does everyone get it? What were established -- what were installed to prevent visual blight is in fact visual blight. Mr. Ehrlich did mention a couple of facts that I brought in to speak with you today about which, again, is Mr. Harold Desdunes, the director of Transportation for DOT (Department of Transportation). It would be really great if we had someone from DOT here who could state categorically what they stated in a letter to the MiMo Biscayne Association, which was FDOT's regulation on state roads is very clear. There will be no advertising on phone kiosks on state right-of-way. Chapter 54 doesn't deal with state right-of-way. It is always -- when we get up here and talk about T,FDs (Light -Emitting Diodes) and our City Attorney tells us that we've opted out of the County ordinance, it doesn't mean we've opted out of federal Highway Beautification Act, doesn't mean we've opted out of state DOT laws, and yet, we have no enforcement. I am not opposed, Commissioner Gort, Commissioner Spence -Jones, to payphones in those neighborhoods. I find it a bit disingenuous for a company to get up here and say, We were here when no one else was," when really, for a period of most of those years, those phones were inoperative and broken down, as Commissioner Sarnoff pointed out. So that's a bit disingenuous. I'll conclude. There's an irony here. Two months ago we put advertising on parking kiosks. Two weeks ago we extended the mural -- the billboards on walls. Excuse me, it's not a mural; it's a billboard -on -wall area. We cannot keep expanding these areas where we're willing to put up with an advertisement everywhere we look. For those of you who say Yes, but it delivers us money, 'what's the point of having money if we destroy the physical asset that we're supposedly getting money for? We've got to put a stop to this somewhere. Three advertising panels on Biscayne Boulevard. And you're right, Commissioners, these are on Biscayne Boulevard. I don't hear about Overtown; I don't hear about Liberty City being overrun with payphones. You're absolutely right, Commissioner Spence -Jones. Commissioner Spence -Jones: But want some. I would like to have some (UNINTET,T IGIBT ,F) Mr. Kurland: No, andl agree, there should be some, but it doesn't mean it has to be three paneled advertising everywhere we look. Thank you. Commissioner Spence -Jones: Mr. Chair -- anybody else? I'm sorry. Chair Sarnoff I was going to let Mr. Ferro finish. Commissioner Spence -Jones: Okay. Chair Sarnoff I know we're late for lunch. Mr. Ferro: No. I just wanted to conclude. And first of all, thank all of you for this discussion. And l just want to address the issue -- one of the issues of the bus benches. I don't know how much the bus benches, through permitting or through advertising, represent to the City, but I can City of Miami Page 96 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 tell you that our program represents money to the City. We pay permit fees every year. And we have been voluntarily paying advertising revenue for 13 years. So, you know, this is not a case of let's -- you know, let's model an RFP after the bus bench program, which again, you know, if you take a look at their program, I believe that our -- what we've been doing and what we do on a yearly basis gives more money to the City through permitting and through advertising than the whole bus bench program. So what would suggest is that there's ways to improve the communication system in public rights -of -ways [sic]. It can be done through several means, Mr. Chair, andl would urge you to look at all of them before you go running out and saying 7et's put an RFP out, 'because the fact is an RFP may not be the best solution to -- that you're looking for, and I think the Manager ought to have the option of coming back to you and telling you what he thinks his -- what he thinks that option should be. So I want to thank you -- Chair Sarnoff Thank you. Mr. Ferro: -- very much for your consideration. Chair Sarnoff Thank you. I'll just close this up pretty quickly, Mr. Manager. I would like to work with Procurement as to find the best procurement mechanism to create a better vision for this city with regard to payphones. Andl hear my colleagues clearly, that you want payphones. I understand the payphones will include advertising. I just think there's a better way and a better manner of doing it. And if this city wants to claim it to be one of the top cities in the world, then it should act like a top city in the world, and we should use state-of-the-art facilities, state-of-the-art equipment. And if it turns out it's an RFP, if it turns out it's an RFLI (Request for Letters oflnterest), if it turns out it's a Letter of Intent, whatever the proper procurement mechanism is, Mr. Manager, I think there's a better vision for this city than the present kiosk situation that you have. As I could tell you, there are now 32 cities in the United States, so we won't even be in the top 20 that are going through a procurement process for public payphones. Now, maybe they -- all 32 of them got it wrong and we'll get it right. But I'm just saying, if the vision is something better, something different, something that can -- You know, one of the things we always talk about is a yellow alert or an evacuation alert or some mechanism of putting people on notice of something. That's what some of these facilities can do. So I'm satisfied that don't think we need to vote on RE.19, but I'd like my colleagues back up to say, "Let's look at the best practices that 32 other cities are going through. Let's use best practices in the City of Miami and not just use, 'Well, you know, it's been 13 years; they've done okay; they've been okay people. "'Let's break that mold and let's bring a new procurement -- I don't mean that in a truer sense -- but let's bring a way of bringing this city ahead of the curve as opposed to behind the curve. Commissioner Spence -Jones: I just want to add -- 'cause I know that we had two public citizens that made comments, so I just wanted to make sure that they're clear that RE.19 wasn't about advertising. It wasn't about any of that. It was really about, you know, following -- right. So, really, any recommendations or, you know, comments that were made around the advertisement -- and to my understanding, the Chair is saying he's still in support of advertising being on payphones but being done -- and I'm assuming -- like I -- my recommendations is in historic districts or areas like MiMo, that there's a different requirement for those particular areas. That would be my recommendation on how that would -- Chair Sarnoff Andl agree with that. Commissioner Spence -Jones: -- be handled. Maybe we do older phones in those areas that, you know, kind of look like the era. But regardless of that, I just want to make sure that we stick to -- you're saying we don't want to vote on RE. 19? Chair Sarnoff I don't think you need to. I think the Manager has said -- and I think they are compliant. I think -- City of Miami Page 97 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Okay. Chair Sarnoff -- in this 18-month process, Commissioner Spence -Jones, they have become compliant. Commissioner Spence -Jones: Andl want to commend you because you brought the issue up, you stayed on it like a pit bull, or shouldl say bulldog; you know, you gnawed it to death, and you got results, and that's what it's all about. That's what leadership is about. Vice Chair Gort: That's it. Commissioner Spence -Jones: If something is broken, we figure out a way to fix it, and that you've obviously accomplished and you got people's attention, so you accomplished that. I just want to make sure in the process that we just -- we're fair in how we do it, you know, and how we do business. And l just -- you know, if there's a -- to me, if we have a permit -- anybody, any advertising -- anybody that wants to apply for this, they have the option to do that -- this. I just -- I can see us doing it as an RFP, and it becomes just what Nathan and Peter mentioned becomes more about the advertising than about the phone. The phone is a secondary thing. And, quite frankly, I think they've been in the business of being more about the phones and now the advertisement has now come on top of this as an additional revenue, because quite frankly, people are using cell phones now. But we still have the option of having -- I just want the integrity of you know, what we originally intended to do to remain there. And l just know, just like Nathan -- I'm quoting Nathan and Peter -- all of a sudden, I'm -- we're going to see, you know, major advertisements coming from all over, and they don't care nothing about the phones, and they have beautiful ads, things on these phones. So I just don't want the integrity of what the purpose of the permit was supposed to be all about to change from the whole perspective. That is my only comment, andl am very hungry. Chair Sarnoff Okay. Commissioner Gort. Vice Chair Gort: I think this arguments are very important, 'cause I think this will put people to think. Wait a minute. IfI want to keep doing business here, let me see what ideas I can come up with, what changes I can make. "I mean, I discussed a couple of things with them, and they made some changes, and you talked to them; they made some changes. And this leaves it open for everyone. Commissioner Spence -Jones: Yes, I agree. Vice Chair Gort: So that's it. Commissioner Spence -Jones: Agree. And -- Vice Chair Gort: Competition is very important. Commissioner Spence -Jones: -- I do -- I would like to make a recommendation, Mr. Chairman. You know, I saw on our list we had no payphones in Overtown, in Allapattah, and would like to see one phone -- I mean, we definitely need more phones. I'm just -- whether or not it's advertising -- I know advertisement -- I didn't even realize I only had one phone in the area, like in Overtown. Vice Chair Gort: Let's face it, that's where it's most needed. Commissioner Spence -Jones: Yeah. City of Miami Page 98 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Vice Chair Gort: Because people do not have cell phones, they can't afford to have it. At the same time, we understand that you have to subsidize those phones. Commissioner Spence -Jones: Yeah. Chair Sarnoff All right, so I'm going to withdraw RE.19, and I'm going to ask the Manager to work with me on coming up with a concept of phone and a new modern way of doing it. All right, thank you. We'll be in adjournment -- Ms. Xiques: Mr. Chair, excuse me. Just to remind you, you have an executive session scheduled for this afternoon, so you may want to consider that when you're making your timing arrangements. Chair Sarnoff Is there anything wrong with me moving the executive session to 2: 30? Ms. Xiques: That's acceptable. Chair Sarnoff Okay, we'll do -- we'll adjourn back for the executive session at 2: 30. RE.20 RESOLUTION 13-00752 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner Frank ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN Carollo THE AMOUNT OF $15,000, TO THE LITTLE HAVANAACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC., AS FOLLOWS: THE AMOUNT OF $10,834 BENEFITING THE METROPOLITAN CENTER, AND THE AMOUNT OF $4,166 BENEFITING THE MYERS CENTER, FOR THE PURPOSE OF PROVIDING ELDERLY MEALS; ALLOCATING SAID FUNDS FROM THE DISTRICT 3 PUBLIC SERVICE RESERVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00752 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0243 Note for the Record: Please see Item PH.1 for minutes referencing Item RE.20 Chair Sarnoff RE.20. Mr. Mensah: RE (Resolution) -- Commissioner Carollo: Move it. George Mensah (Director, Community Development): -- RE.20 -- Chair Sarnoff We have a motion by -- Commissioner Suarez: I second the Commissioner's motion. City of Miami Page 99 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 RE.21 13-00726 SEOPW Community Redevelopment Agency Chair Sarnoff You want to put something briefly on the record? Mr. Mensah: Yes, Commissioner. RE.20 is the allocation of 15,000 to the Little Havana Activity Nutrition Center, specifically to provide meals in Metropolitan Center and the Myers Center. Chair Sarnoff All right. So we have a motion by Commissioner Carollo, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right, thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), INCREASING THE NOT TO EXCEED AGGREGATE PRINCIPAL AMOUNT OF THE COMMUNITY REDEVELOPMENTAGENCY ("CRA") DEBT OBLIGATIONS FROM $50,000,000 TO $60,000,000 AND AMENDING THE DESCRIPTIONS OF THE CRA'S REDEVELOPMENT ACTIVITIES AS SET FORTH IN RESOLUTION NO. R-12-0197, ADOPTED MAY 10, 2012, WHICH RESOLUTION, AMONG OTHER THINGS, ACKNOWLEDGED THE INTENT OF THE SOUTHEAST OVERTOWN/PARK WEST CRA TO OBTAIN DEBT FINANCING, IN AN AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000), TO FINANCE THE CRA'S REDEVELOPMENT ACTIVITIES AS SET FORTH ON EXHIBIT "A" ATTACHED THERETO. 13-00726-Legislation-SUB. pdf 13-00726 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0258 Chair Sarnoff OK. RE.21 is, I think, where we're at, ladies and gentlemen, and that is the CRA (Community Redevelopment Agency) bond. Commissioner Spence -Jones: RE (Resolution) what? Vice Chair Gort: Twenty-one. Chair Sarnoff It's RE. 21, Commissioner, andl think it is Page 21 in your agenda. Miguel Valentin (Finance Officer, Community Redevelopment Agency): Good afternoon, Commissioners. Commissioner Spence -Jones: So move. Commissioner Suarez: Second. City of Miami Page 100 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff I have a motion by Commissioner Spence -Jones, second by Commissioner Suarez. Commissioner Spence -Jones: (UNINTELLIGIBLE). Commissioner Suarez: No, I think he should put on the record what it is. Chair Sarnoff Why don't you put a little -- Commissioner Suarez: Yeah. Chair Sarnoff -- something on the record? Vice Chair Gort: Yeah. Commissioner Suarez: Just put it on the record. Mr. Valentin: Miguel Valentin, CRA financial officer. Commissioner Spence -Jones: But think (UNINTET,TIGIBT,F). Chair Sarnoff No, I don't think -- Commissioner Suarez: No, no. Chair Sarnoff -- (UNINTELLIGIBLE) your name. I think we need the sub -- I think we need a vote. Commissioner Spence -Jones: We just need to know what (UNINTELLIGIBLE). Vice Chair Gort: What are we voting on? Mr. Valentin: Well, this is a resolution of the Miami City Commission, with attachments, increasing the not -to -exceed aggregate principal amount of the Community Redevelopment Agency debt obligations from 50 million to 60 million, and amending the descriptions of the CRA's redevelopment activities as set forth in Resolution Number R-12-0197. Also, I wanted to put on record that upon further review by the Administration, we decided in eliminating Section 3 on page 2. That was -- Julie O. Bru (City Attorney): Yeah, the item has been substituted. Mr. Valentin: Yeah, okay. Commissioner Spence -Jones: And then I think that -- I know, Commissioner Gort, you had -- I know this -- first, I want to commend you, Commissioner Gort, 'cause he has really taken the leadership and has really done this whole -- this process really has been in your hands, so I want to thank you for your support in getting it done. Vice Chair Gort: Let's get it done. Chair Sarnoff All right. So we have a motion. We have a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. RE.22 RESOLUTION City of Miami Page 101 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 13-00750 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AND GENERAL RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE LITTLE RIVER CLUB, INC. ("LRC"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS ARISING OUT OF OR RELATED TO THE FOLLOWING MATTERS: CASE NO. 3D12-1945 (LOWER TRIBUNAL CASE NOS. 11-322AP AND 11-406AP) AND CASE NO. 11-24889 CA 15 AND UNDERLYING CITY OF MIAMI CODE ENFORCEMENT CASES CE2011009668, CE2011010108, AND CE2011012988; AND REVOCATION OF THE CERTIFICATE OF USE, PURSUANT TO PLANNING AND ZONING ADVISORY BOARD("PZAB") RESOLUTION NO. PZAB-R-11-040, ADOPTED SEPTEMBER 26, 2011; ALL RELATED TO THE DENIAL OF AN EXCEPTION, PURSUANT TO RESOLUTION NO. 11-0185, ADOPTED APRI L 28, 2011, BY ENTERING INTO THIS SETTLEMENT AND GRANTING AN EXCEPTION WITH CONDITIONS, (LEGISTAR FILE ID11-00027xc1), FOR THE PROPERTY LOCATED AT 770 AND 776 NORTHEAST 80TH STREET, MIAMI, FLORIDA; WITH EACH SIDE TO BEAR THEIR OWN COSTS AND ATTORNEYS' FEES. 13-00750 Memo - Office of the City Attorney. pdf 13-00750 Legislati on. pdf 13-00750 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0265 Note for the Record: Please see Item PZ.11 for minutes referencing Item RE.22. Victoria Mendez (Deputy City Attorney): And we have -- Commissioner, we also have RE. 22. Chair Sarnoff I thought there was one more. RE.22. You're recognized for the record. Commissioner Spence -Jones: Who? (UNINTELLIGIBLE) connected. Ms. Mendez: Commissioner, this is a settlement that would accomplish everything that we've just memorialized on the record -- Commissioner Spence -Jones: So move. Ms. Mendez: -- with regard to the exception and the cases that are pending in court. It would settle all, and it would be a general release. Chair Sarnoff Our comments can all be made a part of this record on RE.22? Ms. Mendez: Yes. Chair Sarnoff All right. Commissioner Spence -Jones: So moved. City of Miami Page 102 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 2:00 P.M. ES.1 13-00471 Chair Sarnoff We have a motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Gort. Chair Sarnoff All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chair. Ms. Mendez: Thank you. END OF RESOLUTIONS EXECUTIVE SESSION EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8) [2012]. THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: FLORIDA POWER AND LIGHT COMPANY TURKEY POINT UNITS 6 AND 7, POWER PLANT SITING APPLICATION PA03-45A3, CASE NO. 09-003575EPP, PENDING IN THE DIVISION OF ADMINISTRATIVE HEARINGS (DOAH), TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN MARC SARNOFF, FRANK CAROLLO, WIFREDO GORT, FRANCIS SUAREZ, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, VICTORIA MENDEZ; AND ASSISTANT CITY ATTORNEY, JOHN A. GRECO. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. City of Miami Page 103 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 13-00471 Memo - Office of the City Attorney. pdf 13-00471 Notice to the Public .pdf DISCUSSED Chair Sarnoff Now what we're going to do is we're going to move on to the executive session, Item ES.1, scheduled for 2 p.m., which we said we'll go at 2: 30. Before we recess for the executive session, Madam City Attorney has a statement that needs to be made a part of this record. Julie O. Bru (City Attorney): Thank you, Mr. Chair. On June 13, 2013, under the provisions of Section 286.011 (8), Florida Statutes, the City Attorney requested that this Commission meet in private to discuss pending litigation in the case of Florida Power and Light Company Turkey Point Units 6 and 7, Power Plant Siting Application PA03-45A3, Case Number 09-003575EPP, pending in the Division of Administrative Hearings. The City Commission approved the request. We will now, at approximately 2:40, under the parameters of the statute that I mentioned, meet in a private attorney -client session. We will conclude in approximately an hour. The session will be attended by the members of the City Commission: Chairman Marc Sarnoff, Frank Carollo, W fredo Gort, Francis Suarez, and Michelle Spence -Jones, and the City Manager, Johnny Martinez; myself, the City Attorney; and also Deputy City Attorney Victoria Mendez and Assistant City Attorney John Greco. We will have a court reporter present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. Later... Chair Sarnoff Oh, I'm sorry. I have to say the executive session has concluded. The Commission will now reconvene the public meeting. Thankyou. Thankyou, Mr. Clerk. END OF EXECUTIVE SESSION BUDGET BI.1 BUDGET DISCUSSION ITEM 13-00537 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET 13-00537 Summary Form.pdf NO ACTION TAKEN END OF BUDGET DISCUSSION ITEM DI.1 DISCUSSION ITEM 13-00643 Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES Finance FOR 2ND QUARTER ENDING MARCH 31, 2013. 13-00643 Summary Form.pdf 13-00643 Memo - Non -Reimbursable Expenses. pdf City of Miami Page 104 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 NO ACTION TAKEN END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Commissioner Suarez: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Suarez: Are we deferring or withdrawing any PZ (Planning & Zoning) items? Maybe there are people in the audience that are here on a PZ item that maybe we can -- Chair Sarnoff Do we know of any, Mr. Manager? Johnny Martinez (City Manager): PZ.10. Chair Sarnoff PZ.10. Mr. Martinez: Yeah. Let me get my notes. Chair Sarnoff PZ.1 and 2. Mr. Martinez: PZ.1 and 2, my notes say -- okay, please. Chair Sarnoff All right, are you postponing PZ.1 and 2, or is that at a Commissioner's request? Francisco Garcia (Director, Planning): We are doing so. We are doing so because the Planning, Zoning and Appeals Board did not act on the item. Chair Sarnoff Okay. Mr. Garcia: And you need their action prior to considering it. Chair Sarnoff Gotcha. Anybody have anything -- any other PZ items they want to withdraw, change, amend? Iris Escarra: I believe PZ.9 is also being deferred to the next meeting. Mr. Garcia: That is correct. Commissioner Carollo: Yes. It seemed like in my briefing, there was more PZ items -- Mr. Garcia: Yes. Commissioner Carollo: -- that was being deferred or continued. Commissioner Suarez: That's why I wanted to do it now so that if anybody's in the audience -- Commissioner Carollo: Yes. Commissioner Suarez: -- they can, you know -- Chair Sarnoff We got PZ.1. We got PZ.2. We got PZ.9. We got PZ.10. Mr. Garcia: That is correct. City of Miami Page 105 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Anybody have any other PZ items they want to amend, change, modify, supplement? Commissioner Carollo: Give me -- Chair Sarnoff Mr. Clerk. Todd B. Hannon (City Clerk): Sorry, Chair. Just for clarification, PZ.9 is being deferred to July 11; is that correct, Mr. Planning Director? Mr. Garcia: That is our preference, as is the case for PZs 1 and 2. However, PZ.10 is being deferred indefinitely. Chair Sarnoff Is there a motion as stated? Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Any other matters you want to take up right --? Commissioner Suarez: I just wanted -- I thought we could just clean that up. Commissioner Carollo: Let's do the shade meeting. Chair Sarnoff Okay. We're in re -- we're -- we are (UNINTELLIGIBLE). Commissioner Carollo: Recess. Chair Sarnoff I don't know if it is recess. Later... Chair Sarnoff All right, RE.15, 16, and 17 needs to be heard concomitant, Commissioner Suarez. Commissioner Suarez: Concomitantly. Chair Sarnoff Concomitant? Commissioner Suarez: Concomitantly. Chair Sarnoff Okay, concomitant -- Commissioner Suarez: Same time. Chair Sarnoff -- with PZ.5, PZ. 6, and PZ.7, PZ.8. Do we need to open up a PH (Public Hearing) agenda item for this? City of Miami Page 106 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Hannon: No, sir. It's all in the same agenda. Chair Sarnoff Okay. So we should have the public hearing on PZ.5, PZ. 6, PZ.7, PZ.8, RE.15, RE.16, andRE.17. And -- is there any way or means that this City wants to handle this in terms of what goes first? Unidentified Speaker: I think we need to have the RE (Resolution) items go first, correct? Chair Sarnoff All right. Lucia Dougherty: Actually, they're -- that is correct, they are in the exact -- Chair Sarnoff The order that (UNINTELLIGIBLE). Ms. Dougherty: -- order that you want them. Chair Sarnoff So we are now looking at RE.15. Commissioner Spence -Jones: RE.15. Chair Sarnoff But we'll make everybody's comments with all the aforementioned Rs -- PZs and REs. Unidentified Speaker: But there's going to be a public hearing first. Victoria Mendez (Deputy City Attorney): Chair -- Chairman, I think we need to -- and I don't know if it was already read. Maybe the Clerk said just the instructions that we read right before the PZ agenda and swear in any witnesses by the Clerk, as well. Chair Sarnoff All right, so let's let the Clerk do his thing. Mr. Hannon: Actually, if you want to go first, Madam City Attorney. Ms. Mendez: Okay. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item that is to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to any hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Sarnoff Thank you. Mr. Hannon: Chair, again, my apologies. Anyone wishing to speak on today's Planning and Zoning items, I'm going to have you please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Mr. Hannon: And before we begin the Planning and Zoning items, will anyone require a Creole or Spanish interpreter? City of Miami Page 107 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Deborah Spector, official Spanish interpreter, and Ralph Desmangles, official Creole interpreter, translated the City Clerk's comments. Mr. Hannon: Thank you, Chair. Chair Sarnoff You're welcome. Thank you. PZ.1 ORDINANCE 11-01196ap1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)", ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840 NORTHEAST MIAMI COURT; 3825, 3852 AND 3900 NORTH MIAMI AVENUE; 20, 21, 28, NORTHWEST 39TH STREET; 30 AND 50 NORTHEAST 39TH STREET AND 4100 AND 4039 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 86,263 SQUARE FEET (1.98 ACRES) OF LOT AREA SPLIT AMONG 12 ADDITIONAL PARCELS FORA TOTAL COMBINED LOT AREA OF 917,495 SQUARE FEET: (21.06 ACRES) SPLIT AMONG SIXTY-THREE (63) PARCELS; B) INCREASING THE COMMERCIAL SPACE BY APPROXIMATELY 422,971 SQUARE FEET FOR A TOTAL OF 1,374,689 SQUARE FEET; C) INCREASING THE RESIDENTIAL UNITS BY APPROXIMATELY 489 UNITS FORA TOTAL OF 561 UNITS; D) DECREASING THE HOTEL KEYS BY ONE (1) FORA TOTAL OF 52 KEYS; E) INCREASING THE PARKING SPACES BY APPROXIMATELY 1,181 SPACES ABOVE GROUND AND BELOW GRADE FOR A TOTAL OF 3,752 SPACES; F) INCREASING THE OPEN SPACE BY APPROXIMATELY 1,764 SQUARE FEET FORA TOTAL OF 41,566 SQUARE FEET; FURTHERMORE, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE SELECTED PROPERTIES LOCATED AT APPROXIMATELY 3720 BISCAYNE BOULEVARD AND 299 NORTHEAST 38TH STREET, MIAMI, FLORIDA, WITHIN THE PREVIOUSLY -APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SAP" FROM "T6-12-0" URBAN CORE ZONE TO "T6-24-0" URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 108 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 11-01196ap1 CC 07-25-13 FR Fact Sheet.pdf 11-01196ap1 Analysis, Maps, Sch. Brd. Concurrency.pdf 11-01196ap1 CC Legislation (Version 2).pdf 11-01196ap1 Exhibit A- Developer Parties.pdf 11-01196ap1 Exhibit C - Regulating Plan.pdf 11-01196ap1 Exhibit D - Concept Book.pdf 11-01196ap1 Exhibit E - Companion Programming Spreadsheet.pdf 11-01196ap1 Binder Info. Tabs 1-13.pdf 11-01196ap1 Binder Info. Tabs 14-19.pdf LOCATION: Approximately 3815 and 3840 NE Miami Court; 3825, 3852 and 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 and 50 NE 39th Street and 4100 and 4039 NE 1st Avenue; and 3720 Biscayne Boulevard and 299 NE 38th Street [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on July 17, 2013. *See supporting documentation. PURPOSE: This will allow 12 additional parcels for a total development of approximately 21.06 acres for the "Miami Design District Retail Street SAP". Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.1 was deferred to the July 11, 2013 Commission Meeting. Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Please see Item PZ.2 for minutes referencing Item PZ.1. Vice Chair Gort: What do we take, Little River now? Chair Sarnoff PZ.11. That's as time certain as we get, within an hour. City of Miami Page 109 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Francisco Garcia (Director, Planning & Zoning): Commissioner, ifI may, there was one more item that -- Chair Sarnoff I'm sorry, right. I apologize, Francisco. PZ.11 with RE.22. Mr. Garcia: Yes, that's correct. But perhaps before we get to that, I would like to ask the Commission to reconsider one more item. For Items PZ.1 and PZ.2, previously we had continued those items to July 11. I was subsequently advised that the Planning, Zoning and Appeals Board will not be able to meet -- is not scheduled to meet prior to the date in which they would have to act on the item for it to come back on July 11, so I would like to ask the Commission to reconsider the item and continue the item to July 25, please. Vice Chair Gort: Move to reconsider the item. Chair Sarnoff Motion to reconsider by Commissioner Gort. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Spence -Jones. Any discussion? No discussion. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You are now asking for a resolution postponing this? Mr. Garcia: Right. This is only for Items PZ.1 and PZ.2, if we could specify that for the record, please, so that's two items. Vice Chair Gort: To put them on -- Chair Sarnoff Is there a motion as stated? Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort, second by Spence -Jones by indication. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Garcia: Thank you. Chair Sarnoff Oh, and Carollo is over there. PZ.2 ORDINANCE 11-01196da1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDDRS SAP)" APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 3815 AND 3840 NORTHEAST MIAMI COURT, 3825, 3852 AND 3900 NORTH MIAMI AVENUE, 20, 21, AND City of Miami Page 110 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 28 NORTHWEST 39TH STREET, 30 AND 50 NORTHEAST 39TH STREET, 4100 AND 4039 NORTHEAST 1ST AVENUE, AND 3720 BISCAYNE BOULEVARD AND 299 NORTHEAST 38TH STREET, MIAMI, FLORIDA, TO THE PREVIOUSLY -APPROVED "MDDRS SAP"; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONALAND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE "MDDRS SAP" AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING ORDINANCE DESIGNATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196da1 CC 07-25-13 FR Fact Sheet.pdf 11-01196da1 CC Legislation (Version 1).pdf 11-01196da1 Exhibit.pdf LOCATION: Approximately 3815 and 3840 NE Miami Court; 3825, 3852 and 3900 N Miami Avenue; 20, 21, 28 NW 39th Street; 30 and 50 NE 39th Street and 4100 and 4039 NE 1st Avenue; and 3720 Biscayne Boulevard and 299 NE 38th Street [Commissioner Marc David Sarnoff - District 2 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of "Miami Design District Retail Street SAP" Applicant Entities and the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will allow an additional 12 parcels for a total development of approximately 21.06 acres for the MDDRS SAP. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.2 was deferred to the July 11, 2013 Commission Meeting. Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez City of Miami Page 111 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 PZ.3 13-00574cm Note for the record: Please see Item PZ.1 for minutes referencing Item PZ.2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO A DECLARATION OF RESTRICTIVE COVENANTS DATED, OCTOBER 24, 2001, AND RECORDED IN OFFICIAL RECORDS BOOK 20258, PAGES 0561-0564, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2500 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, IN ORDER TO ALLOW FOR THE RENOVATION OF THE EXISTING PROPERTY. 13-00574cm CC 06-27-13 Fact Sheet.pdf 13-00574cm Analysis & Color Maps.pdf 13-00574cm Application & Supporting Documents.pdf 13-00574cm CC Legislation (Version 1).pdf 13-00574cm Exhibit A. pdf 13-00574cm Exhibit B.pdf 13-00574cm Exhibit C.pdf 13-00574cm-Submittal-Joel Maxwell.pdf LOCATION: Approximately 2500 Brickell Avenue & 2501 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Javier E. Fernandez, Esquire, on behalf of CRP/Cardell Brickell Hotel, LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: The existing hotel (Hotel Urbano) was approved pursuant to a specific set of plans, which included 109 rooms, off-street parking, and related ancillary amenities. The hotel was renovated in 2010 and now consists of 65 rooms. This proposal will expand the rooms from 65 to 129 and provide a needed service in for the general area. The proposal will reduce the off-street surface parking by reconfiguring the existing on -grade parking and proving the remainder required parking below -grade. This new configuration also reduces the number of driveways/access ways from three (3) to two (2) along South Miami Avenue, which increases the landscape buffer to South Miami Avenue. Motion by Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0260 Chair Sarnoff Okay, I'm asked to take PZ (Planning & Zoning) -- City of Miami Page 112 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Vice Chair Gort: We finished all the regular agenda? Chair Sarnoff We did, except for the budget -- Commissioner Spence -Jones: Budget and (UNINTELLIGIBLE). Chair Sarnoff -- and the Little (UNINTET,T IGIBT,F) a time certain. So I'm going to take PZ -- Commissioner Spence -Jones: Three? Chair Sarnoff I think it's PZ.3. (UNINTELLIGIBLE) time on PZs. Francisco Garcia: Commissioners, for the record, Francisco Garcia, Planning & Zoning director. Item PZ.3 is a proposed modification to an existing covenant that came about as a result of City Commission action. The subject site is 2500 Brickell Avenue and 2501 South Miami Avenue. I'll describe to you very briefly what the content of the modifications -- proposed modifications is and defer to the applicant for their presentation, andl'll certainly be happy to answer any questions after that. Essentially, this covenant seeks to -- or rather, this proposed modification seeks to change an existing covenant which limits the ability to improve this property. The gist of what they want to accomplish is to improve the rear of the property to have underground parking, and by increasing the parking capacity, increase the number of lodging units in the existing hotel. Part of the proposal that you will see presented to you includes increased landscape buffering along the South Miami Avenue frontage, and it also reduces the number of driveways accessing the property from South Miami Avenue from three to two. Another proposed modification of the covenant is to release the property owners from the need to conform to a set of plans that was captioned into the covenant and depart from that and design and build a new wing to the existing hotel to increase the number of lodging units. They will cover the specifics. The net result would be an increase in rooms from 65 to 129. I'll yield to the applicants on further specifics, andl'll gladly answer any questions you may have. The Planning & Zoning Department is recommending approval of this item. And also for your knowledge, because the terms of the covenant require that only the City Commission decide on its modification, it has not gone before the Planning, Zoning and Appeals Board. Chair Sarnoff All right. You're recognized for the record, Mr. Maxwell. Joel Maxwell: Good afternoon, Mr. Chairman, members of the Commission. I'm Joel Maxwell for the record, attorney with Akerman and Senterfitt, with offices at One Southeast 3rdAvenue in Miami, here on behalf of the applicant, CPR [sic]/Cardell Brickell Hotel, T,T C (Limited Liability Company), owners of the Hotel Urbano, located at 2500 Brickell Avenue. With me this evening, Javier Fernandez, also with Akerman Senterfitt, associate of mine; Mr. Matthew Barnes, principal planner with Akerman Senterfitt; our client, Mr. Thad Paul, managing director of the Carlisle Group, which are overall owners of the subject hotel; Mr. Malcolm Berg, principal architect, Edge of Architecture, Architecture Group; Mr. Matthew Webb, also EEO Architectural Group; and our travel -- excuse me -- our traffic engineer, Mr. Joaquin Vargas. As the director has pointed out, this subject hotel is located at 2500 Brickell. It's a boutique hotel that our clients redeveloped back in 2008. The question before you today is whether or not we can modify an existing covenant on the property, which was approved by this Commission back in 2001. Now we're in the year 2013 and our client wishes to redevelop the property once again. They purchased it in 2007. They redeveloped the property, which at that time was in a rundown condition, in the Brickell area, a very nice neighborhood in the Brickell area, and they redeveloped it to the satisfaction of all the neighbors. You all may be familiar with it. You may take judicial notice of the fact that the Urbano Hotel is a very nice facility. Our property -- our clients redid that. The covenant that's on the property requires and mandates that any changes to the property not be more than five stories in height. We have no problem with that. It also City of Miami Page 113 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 mandates that any redevelopment be in accordance with some plans, architectural plans that are in your packet -- it would attach to the covenant -- which were drafted by the architects -- those architects, not ours -- in the year 1999. Well, again, this is 2013, and what our client wishes to do is to add an addition to the building, a five -story addition in the back -- well, let's say the west side of the building, on the South Miami side of the building. In seeking input from the neighbors regarding this, we've had a series of meetings and notifications to the abutting and surrounding neighborhood associations, homeowners associations. We met -- andl would like to place into the record. We sent out notices on April 19 to the Brickell Area Association. They did not claim their notice; certified, return receipt notices to the Brickell Homeowners Association, which they signed and -- was delivered and they signed for. That was April 22. The Brickell Forest Estates Condominium Association, which they signed and -- which was delivered and signed on April 30; South Miami Avenue Homeowners Association, the Miami Roads Neighborhood Civic Association, Brickell Forest Condominium Association, and the Brickell Forest Estate Condominium Association. We had meetings on May 10 with the boards from the Brickell Forest Estates Condominium Association and present was their president, Mr. Tom Jelke . We then had a second set of meetings at the request of the South Miami Homeowners Association and the Miami Roads Civic Association. Their board representatives were there. On June 26, at the request of the Brickell Park Condo Association, which is located at 2601 directly -- Brickell Avenue -- directly across from our hotel, we met with the president of that homeowners association and their administrative manager. We have received no negative feedback directly to us from anyone in opposition to this project as a result of our meetings. There may be some, but we have not been -- they have not communicated that directly to us. In fact, we have -- andl would -- I believe you have in front of you -- you have a copy of a e-mail (electronic) that was sent to me by Ms. Natalie Brown, executive director of the Brickell Homeowners Association, dated June the 19, 2013, and I'd like to read it, Mr. Chairman, ifI can. Chair Sarnoff Please. Mr. Maxwell: "Dear Mr. Maxwell, it was a pleasure speaking with you yesterday. As I said, the BHA" -- which is the Brickell Homeowners Association -- "Executive Committee met Monday evening and discussed the plans for the Hotel Urbano addition. They did not have any objections to your proposal and believe it will be an enhancement to the property, and to the Brickell community." We'd like to give a copy of that to the Clerk. I believe you have it in the records, Madam Clerk. We also received today from the president of the Brickell Forest Estates Condominium Association the following e-mail: "Mr. Maxwell and Mr. Fernandez: " -- this is from Mr. Thomas Jelke, president of the Brickell Forest Estates Condo Association -- `7 write you as President of the Brickell Forest Estates Condominium Association in support of the Hotel Urbano's application to modifi, the existing 2002 covenant. As you know, our property is directly adjacent to the Hotel Urbano and the exact spot where the expansion will take place." Let me repeat that, the exact spot where the expansion will take place. "We at BFECA" -- which is the acronym for Brickell Forest Estates Condo Association -- "appreciate your client's openness to show us their plans and believe the project will not only enhance our property value in the long term, but will be a benefit to South Miami Avenue, and the Brickell Community as a whole. I grew up in the Roads (835 Southwest 22nd Road to be exact) and have lived in the Roads/Brickell Area for 3/4 of my life (outside of undergraduate and graduate) ", he points out. "7 believe this project is in the best interest of the community in which I grew up. I'm available if there are any questions or if you need further clarification of my comments. Sincerely, Tom Jelke, President, Brickell Forest Estates Condominium Association." Now, quickly, I'd like to point out that what I'm showing you now, the Urbano addition, just for purposes of the HO (Homeowners) -- homeowners association letters, this is the total site of the Urbano Hotel: Brickell Avenue here on the east, South Miami Avenue on the west, Southeast 25th Street Road here. The South Miami Homeowners Association, which we met with and has not objected, is located here on the west side, right across the street from our hotel. The Brickell Forest Estates Condo Association is located right here, as pointed out in Mr. Jelke's letter. They are right here, directly across from where the addition -- this addition would be. There is another association City of Miami Page 114 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 right here, Brickell Forest Condo Association. They didn't respond to any of our notices. Across the street on the east side of Brickell Avenue is the large Brickell Park Condominium Association. We met with them. They did not send us a letter, but they were in favor of the project, as well. So what this is about is two paragraphs -- actually, only one paragraph of the covenant that we're seeking to mod. That's the one that deals with whether or not we can build something nicer than 1999 plans. We've demonstrated already in 2008 that we're forward -thinking, that we put together a project that's nice, that's much nicer than what was there, and our plans now, as you will see, are in furtherance of that same attitude that we've demonstrated in the past. So that is the issue before you: Can we modift, these plans? We don't want to go any higher. It will be an addition of about 20 rooms over what we could do anyway. Just 20 rooms over what we could do anyway. I'd like to turn it over to Mr. Mal -- first of all, Mr. Chairman, our architects were out of the room when the Clerk swore in everybody. Could you swear them in, please. ToddB. Hannon (City Clerk): Certainly. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you. Mr. Maxwell: Also, just for the record, we'd like to just disclose that we did meet with the Commissioner for this district, District 2, to explain these plans ahead of time just for the record, disclosure. Mr. Berg. Malcolm Berg: Good afternoon, ladies and gentlemen. My name is Malcolm Berg, principal of EGA Architectural Engineering and Design Firm. Do I need to state my address? Currently residing at 532 Majorca Avenue in Coral Gables. So we were brought in to take a look at a property that I had worked with the client on several years ago. It had originally been an external corridor, sort of motel -like property that had been painted blue, and we actually received 911 calls to the police trying to get the color changed back to the white. So clients came in, called me in to look at the property, and we internalized corridors, revamped the property and turned it into what it is today, the Hotel Urbano, which is an art hotel in a very boutique style. The site, as you can see here, is directly off of Rickenbacker Causeway and Brickell Avenue, as is highlighted in this slide. The existing site is actually composed of two zones, T3 and T5, as indicated here, and this is a slide of the existing condition showing the site plan; the gray area is the existing building with a parking lot on the -- on what we ---- actually be sort of northwest corner of the property. Existing site photos on the top. The top right shows the view of the property from what would be the northeast corner. This is an enlarged version of the site showing the existing parking. It's important to note that the parking is entirely on grade right now, so what is highly visible from both South Miami Avenue and 25th Street is an expansive parking lot. And that's one of the issues that we're trying to mitigate. This slide is a little light due to the nature of the plans that we received, but this is part of the set of drawings that was introduced into the latest covenant showing the proposed addition and the approved addition, in fact. It shows an additional two stories going up in a very sort of '70s style with a mansard roof kind of a pretty outdated style of architecture, and again, some more elevations showing what the approved architecture is at this point. Our new site plan, what it does actually, it engages that parking lot in a way whereby we are reducing the amount of parking on the surface, bringing it down below grade, and it's actually green -defining the whole outside space. In order to bring it below grade, we are using a ramp under a trellis, which is indicated on the left-hand side with a bougainvillea on it. We are reducing the curb -cut from three to two on South Miami Avenue. The curb -cut that we're reducing, we're actually adding greenscape to it and moving a tree in order to densify the tree engagements blocking the (UNINTELLIGIBLE) beyond. The lower curb -cut is purely an egress, so it provides for a much smaller line of sight to the building beyond. The site for the building itself is an attachment that is contiguous to the City of Miami Page 115 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 existing building, so we are completing what is currently an `Z" into a full "U, " basically making the pool area much more self -referential as this bigger hotel would be. This is a non -landscaped site plan which really shows the reduction in parking on the surface deck, and it shows the ramp to the left of the hatched area of the building; the hatch there being the new building, and this plan shows the below -grade parking where you can see most of the parking will be located. This is a series of elevation renderings of our own. They're flat elevations, so they don't show them in context. We'll show the context shortly, but basically showing what the building looks like relative to the existing architecture; very much a continuation of the existing architecture. We're not trying to become grandiose in this addition. Likewise, we have the east elevation and west elevation showing the profiles of the building. This elevation, this rendering, basically, is a composite that we created showing existing condition photographs, a model that we recreated from exactly the vantage point of that photograph, and then the larger image is a composite of the two. So we're trying to show in as -- an explicit and as accurate as possible what the new architecture would look like in context. The building on the left shows the existing Urbano building with a porte cochere in its entry, and just beyond to the right, beyond the utility pole is the new addition. This image is taken from South Miami Avenue and -- the corner of South Miami and 25th Street, looking back towards what used to be the parking lot, and you can see the building peeking on the top right-hand side. You can see the maturity of the trees right now. Those are all going to be kept in place. That's why we're showing them today, because they will be there after the renovation. And this is a view also from South Miami Ave. directly under the overpass. You can see how the whole building is flagged by the highway at that point. This is an aerial view without any landscaping, it's important to note. This is just a model of the building and how it wraps around and ties in. It's important to note that we're bringing in trellises and a lot of growth into this space to really kind of embellish the curb appeal. It's also important to show the existing condition that we're talking about, the parking lot. These are the views that were taken from South Miami and 25th showing the extent of the current parking lot right now. That is the existing building. The pool is essentially beyond -- over here. So we're really trying to clean all this up and take the parking out, put as much landscaping on the upper deck as humanly possible. We also have some existing conditions that were sort of grandfathered in. We have dumpsters, et cetera. It's also important to note that all that is going inside the building, including the dumpster itself. So loading now is happening under this trellis, behind planting, behind a greenscape in the corner over here as well, so as the trucks come in, they can just back in directly into the loading dock inside the building. I tried to make this expeditious, so if you have any questions, please. Chair Sarnoff All right. Let me open up the public hearing. Anybody wishing to be heard on PZ.3? Mr. Maxwell: Mr. Chairman, may I clam a point, as well? Chair Sarnoff I'm sorry. Mr. Maxwell: When I indicated that we had received no official opposition, written opposition, I'd like to clam that point. We did -- we have received word from Ms. Grace Solares of the Roads Civic Association that they were in opposition, but we didn't receive anything in writing regarding that, so I wanted to clarify that point; that they may be in opposition. Chair Sarnoff Thank you, Mr. Maxwell. Mr. Maxwell: Located on the other side of 95 from the project. Chair Sarnoff Thank you. Grace Solares: Okay. City of Miami Page 116 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Ms. Solares. Ms. Solares: Grace Solares. The reason why we did not write any letters, Commissioner Sarnoff, is because we had the meeting of the homeowners association yesterday, to which Mr. -- Commissioner Carollo attended yesterday, and we voted to oppose the change or setting aside of this declaration. Now, I'll tell you why. First of all, I want to thank Mr. Maxwell. He's been a gentleman throughout this thing. But back in 2001 when we entered into this covenant, the Roads Association, the South Miami Avenue Homeowners Association, and Tory Jacobs on behalf of the Brickell Homeowners Association -- When he said to you, Mr. Maxwell, today that, "Hey, we're building five stories. That's exactly, you know, what's in this document." Not quite. What we agreed to at that time was that if there was a change at some point in time, it would be up to fifth floor, adding to the existing -- to existing structure a fourth and a fifth floor. We never agreed, nor does this covenant reflects a different building, an additional building, and the parking behind it. It was the intention at all times of those negotiations that the building itself, the structure be as close as possible to Brickell, which was where the height was, where the density was. Because immediately upon this brand-new building being built, the people across the street, 70 feet from it, like from here to the entrance of this City Hall, the people living in the single-family homes on South Miami Avenue will have a huge wall, five stories high or 60 feet, I believe it is, right in front of their faces. We are to read from you, "This declaration shall remain in full force and effect and binding upon the Owners, their heirs, successors, and assign" [sic]. "This restriction shall be for the benefit of and the limitation upon, all present and future owners of the Property and for public welfare, and for the benefit of City, BHA, Roads, and South Miami Homeowners Association." Allow me, Commissioner Sarnoff. Mr. Chairman, let me allowed [sic] to finish this thing. We are direct beneficiaries, the Roads, South Miami Avenue Homeowners Association, of this covenant. If this is granted today, then I don't see how this Commission or future Commissions can ask the neighbors and homeowners associations of this City to go and sit down and negotiate with applicants, developers, et cetera, when, after they get whatever they get as a result of our acquiescence through a covenant, they leave through that door and then come back through this one and ask you to change it. This is a covenant that we entered into after a lot of negotiations. This was not as a result of their coming here and voluntarily -- the former owner -- giving you the covenant. We sat down, we negotiated, and we came down with this. I think it would be detrimental to our area, to the people, to the neighbors immediately across the street, and that is the reason why I ask you please don't do it away. Another thing that I'd like you to look at, the new covenant that they have wherein they changing the paragraph 3 to 4 to the new one they're asking. They say -- and this is very important, Commissioner Sarnoff. You are a lawyer and will understand it perfectly, andl must put it on the record, ifI may. The new covenant substitutes Section 3, which is the one that says, okay, you do -- you can build a fourth and a fifth floor, but under the existing building in the front. Now, the new one says that the property shall be developed substantially in accordance with the spirit and intent -- I want you to remember the Marlins aspiration contract in hiring the people from Miami -- the spirit and intent of the plans entitled Urbano, an addition. It's an open-ended. We don't know what it is. They have put something in here showing you some stuff but really, this doesn't say anything. I ask you, please do not set this covenant aside. It was entered in good faith by all parties. They purchased this land knowing full well there was a covenant running with the land for the benefit of the welfare of all these homeowners associations and the City ofMiami. I ask you please not to change. Mr. Maxwell: Mr. Chair. Commissioner Suarez: No, no, go ahead. I just wanted to just make a point -- Ms. Solares: Thank you. Commissioner Suarez: -- ifI could, just based on something that Ms. Solares said, you know, and don't mean to contradict you, Ms. Solares. I just -- I'm looking at their proffered covenant. City ofMiami Page 117 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 I'm not saying that I'm in favor of it or not. I'm just saying -- I'm looking at their proffered covenant and I'm looking at the old covenant, and the old covenant also has spirit and intent of plans. In other words, I don't think that language is any different. Ms. Solares: Okay, that's fine. In that -- Commissioner Suarez: I just wanted to clarify that. Ms. Solares: -- particular other paragraph, it does, but the thing is that the upper paragraph on 3 is very specific as to what they can and cannot do. Thankyou so much, Mr. Chairman. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.3? Please step up. Judith Sandoval: Thankyou. Judith Sandoval, 2536 Southwest 25 th Terrace. I agree with everything that Gracie said about the covenants, andl think this Commission should not be doing what is so often done as a last resort by developers to get their plans done : Offering a covenant to the residents and homeowners who are affected by building plans. If they can be thrown out later, they should simply not be offered at all. It should be not part of the bargaining process. And very often, as a resident, I have been involved in deals where we accept a covenant because of the pressure to build the project, and it's worthless. So this is an example of that, and I hope that you will not deny the old covenant and the Roads Association opinion on this. Thank you. Chair Sarnoff Anyone else wishing to be heard on PZ.3, PZ.3? Nathan Kurland: Nathan Kurland, 3132 Day Avenue. When I grew up, my father used to say one thing: "Don't ever break your word." We're using the word "covenant," but the word "covenant" means we are giving you our word that this will never happen. So ifI were to say to you, Commissioner Gort, "I give you my word that this will never occur," andl come back next year and say to you, "Well, a year (UNINTELLIGIBLE) passed; I don't want to keep my word anymore," what does that say about me, sir? You trust my word anymore? So for all of you, again, the word "covenant" is giving your word. You gave your word, the developer, to the residents of this area and said, "We will not do such and such." How can anybody trust anything that's done by this Commissioner, the Planning Department, if we don't have a word to give anymore? Covenant means we give our word. To me, that should be sacrosanct, and we shouldn't even be having this conversation. Thank you. Chair Sarnoff All right. Anybody else wishing to be heard on PZ.3, PZ.3? Mr. Maxwell: May I respond, Mr. Chairman? Chair Sarnoff If you want to. I'll give you one minute to respond. Mr. Maxwell: Quickly. One, covenants are not ad infinitum. This particular covenant has specifically a modification and amendment provision in it contemplating that at some point in the future, it may be amended. This is a 2001 document. This is 2013. This is not the same owner of the property, but it runs with the land. And we, in fact, honored this covenant back in 2008 when we went to the City after acquiring the property from the old owner that let it run down, asked for a Class II permit so that we could redevelop it in accordance with this old covenant. They agreed. So we did not break our word. We, in fact, have modified the old one, the plans previously and constructed the renovations previously pursuant to that covenant. Now we're coming back to you and we're saying there is a modification provision in there. Now, Ms. Solares talked about paragraph 3 that talks about fourth and fifth additions, but the height paragraph is a separate paragraph, page -- paragraph 2. The height of the structure shall be limited to -- that the height of any structure, -- any structure, not the structure -- "any" on there City of Miami Page 118 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 shall be limited to a maximum offive stories. That's what we're doing. It's another structure, it's five stories, so this contemplates that there may be another one, but it says it can't be more than five stories. It also says it has to be pursuant to those old plans. That's pretty much what we're asking you about. Times have changed. We did not break our word. We ask that you please follow the recommendations of the Planning Department and approve this modification as presented. Thank you. Chair Sarnoff Thank you. So -- Vice Chair Gort: Okay. Close the public hearing. Commissioners. Chair Sarnoff All right. Actually, I remember when the Hotel Urbano was that ugly blue building. I remember it was (UNINTELLIGIBLE) -- Commissioner Suarez: Howard Johnson, I think, at one point. Chair Sarnoff What's that? Commissioner Suarez: I thought it was a Howard Johnson or some -- Chair Sarnoff Right. It was pretty bad. And this new owner -- Commissioner Suarez: No, nothing against Howard Johnson by the way. Mr. Maxwell: (UNINTET,T IGIBT ,F) call names. Chair Sarnoff You know, I read the -- I read your deed restriction, and indeed, it does say that it contemplates further modifications and amendments. I did read the word "any." "Any" is in a separate and subsequent paragraph that doesn't talk about the (UNINTELLIGIBLE) structure. I understand the argument made by the activists Grace Solares and Nathan Kurland, because, you know, they're over there saying, "Don't ever modin, something that's" -- "once somebody comes in." To me, it all comes down to best practices, and almost everything I try to do up here is based on best practices. Whether it's parking lots, whether it's Pottinger, I just like to use what I -- I look to New York a lot of times. I look to other cities, what are their best practices. I happen to think it's the worst practice to have open parking lots the way you do and to have your dumpsters on the outside. I just don't think that's ever very good looking. You also consider the fact that this particular building is right next to -- I mean right next to Rickenbacker. It is right next to I-95. This is a particular place that could withstand very simply the additional five stories as contemplated by the previous covenant that it would be there. So I don't know. This isn't very difficult for me, because, number one, you took a building that was gut -wrenchingly ugly and put it into a place that -- I've been to Hotel Urbano a couple of times, and you know, candidly, very pleased, andI thinkBrickell is very pleased to have the opportunity to not spend that 350 to $450 a night when you have people come in to see you and you could spend something closer to the $250 range, which I think Urbano allows for. And in terms of your structure and how it looks and how it interacts with the neighborhood, you know, it's a no-brainer. Would you rather have an open parking lot on one section of it that also has all of your garbage, all of your refuse, or would you rather have a building putting your parking underground, or at least within the first level, that isn't exposed to the outside that has a contemplated five stories? So to me, this makes sense. Now, I will say one thing. I've never liked spirit/intent language, either. I'm going to ask you to modnj, that and to build what you described -- as described to this Commission, and I'm going to ask you to make that modification. Mr. Maxwell: We will pull out -- excuse me. We will make that modification, but we would like to retain the words "substantially in accordance with." City of Miami Page 119 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff And "substantially in accordance with" is something that our building -- I'm sorry -- our Planning director is very comfortable with, andl think they even have some formulas that go with that, so I'll accept that voluntary modification. So I will make a motion to approve as modified. Vice Chair Gort: There's a motion. Is there a second? Commissioner Suarez: Mr. Chair, may I ask a couple questions, as well? Vice Chair Gort: Is there a second? Commissioner Suarez: Mr. Chair, may I ask a couple questions, as well? Vice Chair Gort: Sure. Commissioner Suarez: Yeah. I'm not sure I've ever voted against a recommendation of a homeowners association, so that's kind of put me in an awkward position. I just -- andl understand the hesitation from a homeowners association, which I once represented the one that I live in and negotiated covenants on their behalf. I understand the hesitation in mod4ing a covenant, but I think the issue here is what are you mod4ing it for? In other words, is it --? It's clearly a covenant that has been in effect for a long time, for over a decade. I do also have personal, you know, experience with the property because my parents lived literally across the street, in a building across the street from it and it was always -- it was never really anywhere near in as nice a condition as it is right now, and it looks like a very cool, like hip place to stay, and it is at a much reduced rate from -- you know, from the major hotels that are just across the street. It also -- if I'm not mistaken, not only does it abut I--95, which means it's not next to a neighborhood, but it also -- I think the back side is also another parking lot, if I'm not mistaken. The front side is a building -- is a set of buildings, which is 25th Road, which is also barricaded 'cause you can't crossfrom -- you can't go across Brickell into 25th Road. You have to make a right and then go around and make a U-turn where the Rickenbacker Causeway is to get into (UNINTELLIGIBLE), so there's a separation even between the buildings and -- That lot is almost like isolated, so I have a little bit of a hard time understanding how it even impacts any of the neighborhoods, particularly since the ingress and egress is -- I think there's one ingress and egress, andl think it's from the side of Brickell, in other words, from the Brickell side. Is it on the other side? Vice Chair Gort: You got it on both sides. Commissioner Suarez: You have it on both sides? Mr. Garcia: (UNINTELLIGIBLE). Mr. Maxwell: The ingress and egress? Commissioner Suarez: Yeah. Mr. Maxwell: You come in off ofBrickellAvenue. Commissioner Suarez: Right. Mr. Maxwell: It's only valet parking, and the valets come off of South Miami Avenue. Commissioner Suarez: Right. So the ingress is (UNINTELLIGIBLE) on Brickell. So I'm just having a hard time understanding exactly what we're kind of disputing or kind of arguing about. City of Miami Page 120 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 I mean, they had the right to build five stories before under the previous covenant. This is just a modification in terms of the new set of plans. Can you just -- andl was out for a little bit. Can you just kind of touch upon the -- what's the difference? In other words, what's in the plans, I guess? Mr. Maxwell: Paragraph 3 of the old covenant says: "The property shall be developed substantially in accordance with the spirit and intent of plans and title" -- Commissioner Suarez: Yeah, I got the language. Mr. Maxwell: Yeah. Commissioner Suarez: I just -- Mr. Maxwell: And it also reference a specific that -- those developed by Palazuela (phonetic) and Javier (phonetic) Design Group -- Commissioner Suarez: Yeah. Mr. Maxwell: -- dated -- Okay. So -- Commissioner Suarez: No, no, but I understand what the language differences are. I think what I'm trying to figure out is what are the design differences in terms of the different -- Mr. Maxwell: Let me let our -- Commissioner Suarez: Yeah. Mr. Maxwell: -- architect -- Commissioner Suarez: Sorry about that. Mr. Maxwell: -- Mr. Berg, address that. Commissioner Suarez: Andl apologize. I wasn't in here when you guys talked about it, so I don't know if it's repetitive. Mr. Berg: Essentially, we currently have a building that is an `Z" configuration. Commissioner Suarez: Right. Mr. Berg: The short end of the `Z "-- Commissioner Suarez: Right. Mr. Berg: Let me see ifI can back this up. Commissioner Suarez: Sorry. Mr. Berg: This is -- let's look at this building right here. The short end of the `Z" is essentially what fronts Brickell Avenue. The long side of the `Z " is the one that is parallel to the highway. Commissioner Suarez: Got it. Mr. Berg: In the previous covenant, it was expected that the building that had the external City of Miami Page 121 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 corridor that really was in sort of a motel -like look would actually extend vertically another two stories and have a mansard on top of that, so it would have actually been taller, quite a bit taller now on the long side, essentially where the overpass is, the long building. Correct, right there. So you're talking about a building that would be more imposing on Brickell Avenue itself, 'cause you would be seeing more from Brickell. Brickell is to your left, obviously. Commissioner Suarez: Yeah, yeah. I know, I know. I'm just trying to (UNINTELLIGIBLE). Mr. Berg: So this new building, instead of having the big, you know, tall mansard on top, et cetera, is only proposing more like a trellis, you know, a roof garden, et cetera, so it's aflatter profile, which is going to be very nice. So that's a difference, if that makes sense. Commissioner Suarez: Thank you. Mr. Planning Director, what say you on this issue? Mr. Garcia: First, to bring it into clear contrast, what the covenant contemplates vis-a-vis what is being proposed, I think the clearest way I can -- perhaps, the clearest way to make that clear is that the footprint which you see here in white, this entire footprint is essentially new. Commissioner Suarez: Right. Mr. Garcia: It's a new footprint -- Commissioner Suarez: Right. Mr. Garcia: -- which consequently brings it closer to the South Miami frontage of the parcel. Commissioner Suarez: Understood. Mr. Garcia: This is presently roughly three stories. These stories are maintained and carried through, and this new footprint then has the five -story building. Now, the reason why we recommend approval and why we think in the end the proposal will result in an enhancement of the property is this: First, to note, and it hasn't been said, and it probably merits being said, the development proposed is wholly in compliance with the zoning designation of the property, which is T5-O. So T5-O contemplates five stories. They are not going to be reaching the maximum height. They are going to be reaching the maximum number of stories, which is five. In addition to that, the new proposed structure with the footprint I've just described is sufficiently set apart from the South Miami frontage by approximately -- and please correct me on the specifics -- 60 to 70 feet. Mr. Berg: It's closer probably to 75 feet or so. Mr. Garcia: Seventy-five feet from the South Miami frontage property line, and there is an intervening T3 zoned lot, which is going to be improved in terms of landscaping, buffering, et cetera. To us, it's particularly important also that the number of driveways from South Miami Avenue is reduced from three to two, and certainly many of the service functions, so loading and dumpsters, et cetera, are going to be fully concealed. So for all those reasons, we think that the site, the dimensions of the site, and the discreet meshing of the building, plus all the landscaping that's going to be placed on the site is going to, in the end, result in a significant enhancement of the site. That is the result of the project vis-a-vis the site today, let alone, to be perfectly honest, vis-a-vis the plans originally approved and contemplated by the covenant, which they're, frankly, obsolete, dated. And so, yeah, we certainly stand behind our recommendation. I should note also, because I didn't do so before, our recommendation is with conditions; in fact, only one condition, and that condition is that they will have to go through a waiver process which, itself will require notification to the abutting property owners and that will trigger design review by the Planning & Zoning Department. And we have full confidence, based on the work done by the City of Miami Page 122 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 architects, that we will come to a very satisfactory conclusion. Vice Chair Gort: Okay. Any other -- first of all, I need a second. If there's no second, then it dies because of the lack of. Commissioner Spence -Jones: Second. Vice Chair Gort: Okay, it's been second. Any further discussion? Any further discussion? Being none, it's a resolution. All in favor, state it by saying "aye. The Commission (Collectively): Aye. Mr. Hannon: As modified. Vice Chair Gort: As modified, yes. Thank you all. Mr. Maxwell: Thankyou very much, Commissioners. Thankyou. Chair Sarnoff Why don't we take -- everybody okay with a five-minute break? Commissioner Spence -Jones: Can we just -- I think we're finished with -- can we just get the PZ out of -- I think we only have one more PZ -- Chair Sarnoff We have Little River Club next. What's your other PZ? Commissioner Spence -Jones: I have PZ -- Johnny Martinez (City Manager): The emergency ord --PZ.4. Commissioner Spence -Jones: I only have -- Chair Sarnoff MRC (Miami Riverside Center) easement modification. Commissioner Spence -Jones: Yes. We don't have any other PZs after that, right? Chair Sarnoff There is still some. Commissioner Spence -Jones: Oh. PZ.4 RESOLUTION 11-00699em A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE ACCESS, UTILITY AND CONSTRUCTION EASEMENT AGREEMENT ("AGREEMENT) BY AND BETWEEN THE CITY OF MIAMI AND 230 SW 3RD ST, LLC., A FLORIDA CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO MODIFY THE DIMENSIONS OF THE EASEMENT WITHIN THE PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT"B", ATTACHED AND INCORPORATED, OF SAID AGREEMENT, IN ORDER TO FACILITATE THE DEVELOPMENT OF ADJACENT PROPERTY OWNED BY 230 SW 3RD ST, LLC., AS DESCRIBED HEREIN. City of Miami Page 123 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 11-00699em CC 06-27-13 Fact Sheet.pdf 11-00699em Miami 21 &Aerial Maps.pdf 11-00699em Second Amendment to Agreement.pdf 11-00699em Application & Supporting Documentation.pdf 11-00699em CC Legislation (Version 1).pdf 11-00699em Exhibit A.pdf 11-00699em Exhibit B.pdf 11-00699em Exhibit C.pdf 11-00699em-Submittal-Ben Fernandez.pdf LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 230 SW 3rd St LLC., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PURPOSE: This will modify the dimensions of the existing easement within the property above. Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0262 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff Okay. Commissioner Spence -Jones: Can we just get --? There's one item that I know that you wanted to hear really quickly 'cause that's a noncontroversial item. Unidentified Speaker: PZ.4. Commissioner Spence -Jones: PZ.4. Can I just get it out of the way? Chair Sarnoff Go ahead, PZ.4. Vice Chair Gort: Noncontroversial. City of Miami Page 124 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff PZ.4. Commissioner Spence -Jones: Noncontroversial. I don't think it's controversial. Is Ben here? Francisco Garcia (Director, Planning & Zoning): Item PZ.4 -- Commissioner Spence -Jones: Hope it's not controversial. Mr. Garcia: Item PZ.4 is -- Commissioner Spence -Jones: Just an easement. Mr. Garcia: -- a request for easement modification at a property with address approximately at 230 Southwest 3rd Street. We have met, many of us in the Administration, with the applicants a number of times. This happens to be the parcel immediately north of the Miami Riverside Center, and the existing easement affects ingress and egress to the City ofMiami parking garage. So we've studied this carefully, and we are recommending approval of the post -modification. We are confident that it will result in no deficiency in terms of access to the parking garage, and the overall improvements that are attached to this project will certainly enhance significantly the appearance of not only the site itself, but the neighborhood as a whole. With that, our recommendation is approval. The Planning, Zoning & Appeals Board has not heard this item as it is an easement -- Commissioner Spence -Jones: So move. Mr. Garcia: -- modification and it is within your purview. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Spence -Jones. Commissioner Suarez: Second. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Suarez. Any discussion on this item? Hearing no discussion -- Commissioner Spence -Jones: Ben, you want to talk? Ben Fernandez: Chair. Vice Chair Gort: Public hearing. Chair Sarnoff Oh, I'm sorry. Mr. Fernandez: No, not if -- not necessary. I would make one point, that in the resolution -- Chair Sarnoff No, I just changed my mind. Vice Chair Gort: And you are? Mr. Fernandez: Not yet, not yet. Vice Chair Gort: And you are? City ofMiami Page 125 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Fernandez: Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant. One point of order is that the resolution should note the name of the current owner, which is River Tower, T,T C (Limited Liability Corporation). The resolution contains the prior owner. That's all. Thank you. Chair Sarnoff All right. This is a public hearing, PZ.4. Anyone wishing to be heard before this Commission on PZ.4, please step up. Hearing none, seeing none, coming back to this Commission. It is a resolution. All in favor, please say aye." The Commission (Collectively): Aye. Unidentified Speaker: Covenant. Vice Chair Gort: Okay. Chair Sarnoff Okay. Mr. Fernandez: Sorry, one more point of order which is very important to the City. As a part of this item, we're proffering a covenant, Commissioner, to the City that will -- believe me, you'll want to hear this. Chair Sarnoff No, I (UNINTELLIGIBLE). Mr. Fernandez: The Administration will want to hear this. On rainy days, you cannot get from the garage to the Riverside Center without getting wet, and we're proffering a $150, 000 contribution to the City ofMiami that we will pay -- prior to the issuance of a building permit, to pay for an awning that will connect those parcels over here by the plaza. This is where you come in now off of 2ndAvenue. That's all. Chair Sarnoff So we need a motion to reconsider. You would need a motion to reconsider for the covenant to be part of the resolution. Commissioner Carollo: A motion to reconsider. Todd B. Hannon (City Clerk): Yes. The Planning Director is indicating that is correct, so if we could have a motion to reconsider. Commissioner Suarez: Second. Move it. Chair Sarnoff We have a motion by Commissioner Carollo, second by Commissioner Suarez. All in favor of the reconsideration, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Any motions to adopt the voluntary -- Commissioner Suarez: Move it. Chair Sarnoff -- covenant -- Commissioner Suarez: Move it. Chair Sarnoff -- and voluntary offer? City ofMiami Page 126 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: So move. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Sarnoff As amended. Mr. Fernandez: Thank you. PZ.5 ORDINANCE 06-00613Iu 1 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u1 CC SR 06-27-13 Fact Sheet.pdf 06-006131u1 Analysis, Maps & Pictures.pdf 06-006131u1 PZAB Reso.pdf 06-006131u1 Supporting Documentation - NEW.pdf 06-006131u1 CC Legislation (Version 5).pdf 06-0061 31u1 & 06-0061 3zc1 Exhibits A & B.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "Restricted Commercial" with a "UCBD" Overlay to "Public Parks and Recreation" with a "UCBD" Overlay. City of Miami Page 127 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13394 Chair Sarnoff Okay. Now, we're going to go to the PZs (Planning and Zonings) and I'm going to take them in order. PZ.5. Francisco Garcia: For the record, Francisco Garcia, Planning and Zoning director. Commissioners, Items PZ.5 and 6 are companion items. These two pertain to the property at 1001 South Miami Avenue, and Items PZ.7 and 8 are also companion items. These pertain to the property at 20 Southeast 10th Street. PZs 5 and 6 are respectively the land use change and zoning change proposed for the parcel in question, 1001 South Miami Avenue, and PZ.7 will be the land use and zoning change -- rather, PZ.7 will be the land use and PZ.8 will be the zoning change for 20 Southeast 10th Street. Just to describe briefly where the changes are: At 1001 South Miami Avenue, the zoning change proposed is from T6-48B-O, which is the present zoning designation for that parcel, that is, the triangularly shaped parcel at the southern tip of the Flatiron property, and the change is to CS, or civic space, for parks. That's as pertains to zoning. As pertains to land use, the change is from restricted commercial with an urban central district overlay to parks and recreation. Chair Sarnoff All right. So PZ.5, is there a motion? Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. Any discussion? Francisco, you didn't get named, but I just want to thank you. You played a pretty integral part at the very end, too, so I want to thank you for this. Madam City Attorney, it is an ordinance. Wait. Public hearing. Vice Chair Gort: Public hearing. Victoria Mendez (Deputy City Attorney): Thank you. Chair Sarnoff Sorry. Commissioner Suarez: Didn't we open the public hearing on all of them? Chair Sarnoff No, not on resos. You don't need to. Commissioner Suarez: Okay. Chair Sarnoff On PZ.5, is there anyone wishing to speak from the public? Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on Item PZ.5. City of Miami Page 128 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.6 ORDINANCE 06-00613zc1 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-48B-O" URBAN CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00613zc1 CC SR 06-27-13 Fact Sheet.pdf 06-00613zc1 Analysis, Maps & Zoning Referral.pdf 06-0061 3zc1 Pictures.pdf 06-00613zc1 PZAB Reso.pdf 06-00613zc1 Supporting Documentation - NEWpdf 06-00613zc1 CC Legislation (Version 3).pdf 06-0061 31u1 & 06-0061 3zc1 Exhibits A & B.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "T6-48B-O" to "CS". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13395 Chair Sarnoff And now PZ.6. Do we have a motion? Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff A motion by Commissioner Suarez, second by Commissioner Spence -Jones. (UNINTELLIGIBLE) public hearing. Anyone wishing to be heard on PZ.6, please step up. You're recognized for the -- sorry. City of Miami Page 129 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Vice Chair Gort: So it's Lucia making all the noise. Chair Sarnoff Lucia. Vice Chair Gort: I was wondering who was doing that. Chair Sarnoff All right. Public hearing is now closed. Coming back to this Commission. We had a motion and we had a second. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on Item PZ. 6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.7 ORDINANCE 06-00613Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u CC SR 06-27-13 Fact Sheet.pdf 06-00613lu Analysis & Maps.pdf 06-006131u PZAB Reso.pdf 06-006131u Application & Supporting Documentation.pdf 06-006131u CC Legislation (Version 5).pdf 06-006131u & 06-0061 3zc Exhibit A. pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc and related File IDs 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "Public Parks and City of Miami Page 130 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Recreation" with a "UCBD" Overlay to "Restricted Commercial" with a "UCBD" Overlay. Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13396 Note for the Record: Please see Item PZ.8 for minutes referencing Item PZ.7. Chair Sarnoff PZ.7. Francisco Garcia (Director, Planning & Zoning): Just very briefly, Items PZ.7 and 8, which, again, are companion items. Item PZ.7 is the land use change. Here, the land use designation will change in the reverse of the previous items. Here, the land use designation will go from parks and recreation, public parks and recreation with an urban central business district overlay to a designation of restricted commercial with a UCBD (Urban Central Business District) -- rather, a urban central business district overlay for the parcel in question. Now -- and I'll read PZ.8 into the record as well so that you may act on both of them jointly. Item PZ.8 will, for the zoning side of things, go from CS, or civic space, to T6-48B-O. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff A motion by Commissioner Suarez, second by Commissioner Spence -Jones. PZ.7 is a public hearing. Anyone from the public wishing to be heard on PZ.7, please step up. Hearing none, seeing none, coming back to the Commission, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on Item PZ.7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.8 ORDINANCE Second Reading 06-00613zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 131 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 06-00613zc CC SR 06-27-13 Fact Sheet.pdf 06-00613zcAnalysis, Maps & Zoning Referral.pdf 06-00613zc PZAB Reso.pdf 06-00613zcApplication & Supporting Documentation.pdf 06-00613zc CC Legislation (Version 3).pdf 06-006131u & 06-0061 3zc Exhibit A. pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "CS" to "T6-48B-O". Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo 13397 Note for the Record: Please see Item PZ.7 for minutes referencing Item PZ.8. Chair Sarnoff PZ.8. PZ.8, is there a motion? Lucia Dougherty: Thank you very much. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Public hearing. Anybody wishing to be heard on PZ.8, please step up. Hearing none, seeing none, coming back to this Commission, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon City Clerk): Roll call on Item PZ.8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Chair Sarnoff Thank you. City of Miami Page 132 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Ms. Dougherty: Thank you very much. And l just would like to also commend the -- on behalf of our clients -- Administration and you, Commissioner Sarnoff, as well as the City Attorney's Office, who worked even late last night on these documents. So we appreciate very much your indulgence with us. Chair Sarnoff You know, we've been doing this project, Lucia, for -- I think it's almost four years. Ms. Dougherty: Well, I've been on it for a lot longer than that. Chair Sarnoff Right, (UNINTET,T IGIBT ,F), but (UNINTET,T IGIBT ,F) almost like four years. And it all came about through vacant land, the vacant land initiative, so something -- some -- two major parks have come out of that vacant land initiative, so it was a great idea. Peter Ehrlich, I'll mention his name once again. This was really his idea, andl have to give him a lot of credit for that. PZ.9 ORDINANCE Second Reading 13-00079zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-O" URBAN CENTER ZONE TO "T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 121, 123, 127 AND 139 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00079zc CC 07-25-13 SR Fact Sheet.pdf 13-00079zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00079zc Covenant.pdf 13-00079zcApplication & Supporting Documentation.pdf 13-00079zc CC FR/SR Legislation (Version 2).pdf 13-00079zc Exhi bit A. pdf LOCATION: Approximately 121, 123, 127 and 139 SW North River Drive [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Iris Escarra, Esquire, on behalf of MV Real Estate Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on March 6, 2013 by a vote of 10-0. PURPOSE: This will change the above properties from "T6-8-O" to "T6-12-0". The applicant has proffered a covenant for these properties. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.9 was deferred to the July 11, 2013 Commission Meeting. City of Miami Page 133 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 PZ.10 ORDINANCE First Reading 12-00941 zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00941zt1 CC 06-27-13 FR Fact Sheet.pdf 12-00941zt1 PZAB Reso.pdf 12-00941zt1 CC Legislation (Version 5).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. *See supporting documentation. PURPOSE: The proposed regulations will establish new and updated sign regulations in the Zoning Ordinance. It will institute new and revised definitions in Article 1, add review criteria in Article 4, remove most regulations from Article 6, update regulations for nonconforming signs in Article 7, and create new regulations in Article 10. It will also provide a more user-friendly document with clear regulations for each zoning designation as well as additional signage regulations for various circumstances within the built environment and business demands. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.11 RESOLUTION 11-00027xc1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7, SECTION 7.2.6(A), OF ZONING ORDINANCE NO. 13114, THE MIAMI 21 CODE ENTITLED, "NONCONFORMING USES," TO ALLOW CONTINUED USE OF A NON -CONFORMING ACCESSORY PARKING ABUTTING A "T3-R," PREVIOUSLY APPROVED AS A TRANSITIONAL USE UNDER PRIOR ZONING ORDINANCE NO. 6871, FOR City of Miami Page 134 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 AN ADDITIONAL TERM OF UP TO TWENTY (20) YEARS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 770 AND 776 NORTHEAST 80TH STREET, MIAMI, FLORIDA. 11-00027xc1 CC 06-27-13 Fact Sheet.pdf 11-00027xc1 Color Maps.pdf 11-00027xc1 Court Order.pdf 11-00027xc1 Plans.pdf 11-00027xc1 CC Legislation (Version 1).pdf 11-00027xc1 Agreement.pdf LOCATION: Approximately 770 and 776 NE 80th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Little River Club, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. *See supporting documentation. PURPOSE: This will extend the continuance of use of a legally non -conforming accessory parking abutting a "T3-R" neighborhood. Motion by Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0264 Note for the Record: Please see Item RE.22 for minutes referencing Item PZ.11. Chair Sarnoff Okay, anything else you want to take care of? Anything else I missed? Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff Okay. Little River Club, PZ.11. Commissioner Spence -Jones: And then we're done with all our PZs (Planning & Zonings), right? Chair Sarnoff We're done with PZs, REs (Resolutions), as far as -- unless someone -- I don't see us missing anything other than blue pages. Commissioner Spence -Jones: We did PZ.10 and 11, right? Chair Sarnoff We did PZ.10 and 11. Commissioner Spence -Jones: Yeah. Chair Sarnoff No. PZ.10 was indefinitely deferred. Vice Chair Gort: Deferred. City of Miami Page 135 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Okay, great. I'm sorry -- Chair Sarnoff We're now on 11. Francisco Garcia (Planning Director): Correct. Item PZ.11 is an exception settlement for a property at the address 770 and 776 Northeast 80th Streets. I know everyone is fairly familiar with the item. I would simply like to state for the record that we have had the opportunity to review the plans submitted, which are on your agendas, for the settlement of this matter, and we agree that the improvement should be made to the site as captioned on those plans. I'll briefly describe what I'm saying by the contents of the plans, with one exception. I'll describe also what the exception is. At the very minimum, again, the plans should be submitted into the record, and the plans should be adhered to with the exception that the wall, the concrete masonry unit wall that runs parallel to 80th Street and fronts 80th Street, which is presently in the plan set back by 10 feet, should instead be set back by 20 feet; and the reason for this is that the setback required in T3, which is the zoning designation for that portion of the property, is 20 feet; and all the other single-family residences up and down 80th Street, which is a residential street, are set back those 20 feet. Aside from that, we are willing to entertain, in terms of our recommendation to you, the modification of two islands, so landscaped areas with trees. The deletion of those islands from the surface parking lot area and the substitution of whatever specimens and landscape is proposed for that island would not be placed on the 20 foot setback fronting 80th Street. I'll also again make brief reference to the fact that the plans, as submitted to you, require that the sole ingress and egress to the property be from 79th Street. This, as I'm sure the applicants will explain, requires that a section of the existing building on the property be altered and cut back and also that the walls that mitigate or buffer the surface parking lot from the adjacent residential properties extend along either side of the T3 zoned portion of the property to a full height of six feet. At the end of the construction of the wall, this, of course, would be finished, and it would have a stucco finish to be seen from the outside. There are other details that we may want to address, but that's just it by way of brief presentation. I'll answer any questions we may have. Under those modified conditions, our recommendation is for approval. Chair Sarnoff Thank you, Mr. Director. Mr. Fernandez, you're recognized for the record. Ben Fernandez: Thank you, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the Little River Club. We are in agreement with the proposed settlement of this matter. I would only add that with respect to paragraph 5, where it requires the construction of a six-foot masonry wall, that the Little River Club would have a period of nine months to obtain a building permit and construct the masonry wall in question. Just to reiterate some of the things that Francisco said. I know it's late in the evening, but the access to the club would now be along the eastern side of the property facing 79th Street, and it would lead to the parking area that is existing. By the movement of the wall 20 feet from the property line, we would lose two parking spaces here that would then be replaced where these islands -- tree islands currently exist. None of that area would be visible from 80th Street, from the residential neighborhood. That's really all I have to say. Chair Sarnoff Didl hear you incorrectly? I thought you said the wall would be complete substantially within nine months. Mr. Fernandez: Substantially. Chair Sarnoff Okay. I thought that's what I heard. Mr. Fernandez: Thank you. Chair Sarnoff Thank you. All right. It's really not a public hearing on PZ.11, but what I'll do is City of Miami Page 136 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 I'll take PZ. 11 as well as RE.20; is that it? Victoria Mendez (Deputy City Attorney): Chairman, Chairman. Chair Sarnoff Yes. Ms. Mendez: PZ.11 is an exception, so it is a public hearing. Chair Sarnoff Oh, it is. Okay, we'll take it on its merits, on its own. PZ. 11. Anybody wishing to be heard on PZ.11, PZ.11, please step up. ToddB. Hannon (City Clerk): Chair. Chair Sarnoff Yes. Mr. Hannon: Before public input is taken, I would like to -- Chair Sarnoff Oh, you wanted to do another swearing in. Mr. Hannon: Yes, sir. Chair Sarnoff I apologize, Mr. Clerk. I didn't get one of your notes. Mr. Hannon: Good evening, ladies and gentlemen. If you have not had the oath administered which was done earlier today, can I please have you stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you. Ann Carlton: My name is Ann Carlton. I live at 743 Northeast 80th Street. I have lived in that house for 50 years. I know the neighborhood and) know it well. I have had the experiences with the Little River Club, as have most of my neighbors. They -- we had problems with the Little River Club for years. We worked for about two or three years, maybe almost -- I should say almost ten years to have that Little River Club close the gates on 80th Street. We do not want them. We've had nothing but problems and break-ins while those gates were open. When we finally got the gates closed, our entire neighborhood changed. We are now a very quiet and very, very substantial neighborhood. We're all working people, and we want it to stay that way. We do not want that opening -- pardon me -- we do not want the opening on 80th Street. I have heard what they said about putting in the wall. I'm all for it. My neighbors are all for it. While I was sitting here, my phone rang off the hook. They all wanted me to know that they were all for this new project where they block off the Little River Club from 80th Street. They can open up 79th Street if they open up what they have already closed. I don't know what else to say, except that the wall that's presented to you just now is something) look -- I saw myself this afternoon and I'm all for it, as are my neighbors. Chair Sarnoff Thank you. Ms. Carlton: Thank you. Chair Sarnoff Give your best to your son. Vice Chair Gort: Good to see you here again. City of Miami Page 137 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Ms. Carlton: Thank you very much. Vice Chair Gort: Stay active. Chair Sarnoff Okay, let's get both -- Ms. Carlton: I'll try. Chair Sarnoff -- sides up so we can get people to speak right away. If you want to be up and you want to speak, please stand up behind the podium. All right, I will close the public hearing. That's it, step up. That usually gets people up there. You're recognized, Mr. -- Troy Howard: Troy Howard, 841 Northeast 80th Street. First, I want to thank the City Commissioners. We've been working on this -- I personally have been working on this issue for eight years -- I'm sorry, since 2008. And though the proposal before us is miles away from where we were and the neighborhood has changed drastically -- I mean, there are people -- kids playing basketball in the street. They're skating up and down the street. It's changed drastically. The way the proposed solution [sic] is written for those of us who've read it and who've been experiencing our neighbors in the Little River Club, it leaves too many holes for interpretation, wrong interpretations, and the other thing is it doesn't give us any kind of time checks as far as getting the project done; doesn't say anything about where construction would be, parking, or this and that. And I don't know, you know, if you all remember the PowerPoint presentation I gave, or what have you, but the Little River patrons traditionally have been really bad neighbors, and if the proposal is passed the way it is written, I just think it leaves too many things open to be abused during the process before the wall is up, even after the wall, I'm not sure. But I think spelled out quite a few of the neighbors' issues to the City Attorney. Ms. Mendez: Mr. Howard, one of the things thatl was considering since we have to resolve certain court cases andl don't -- I think that Mr. Fernandez would be amenable is any -- that the Court could retain jurisdiction if we can -- for any issues with regard to the settlement agreement, and that's one thing that would be a safeguard to both parties in this case, andl think that that would resolve your issue. The other thing that you had discussed was no ingress or egress, to add that. I thought it might be overkill since we were going to have a big six-foot wall there, but, you know, I understand and ingress -- no ingress/egress language will be added to that portion, andl think that should cover most of the concerns. There's a general release provision that's in the settlement portion also that we had discussed, so what -- is there anything else that does not --? Mr. Howard: There's also, which was -- fairly big red flag was I tried to -- Ms. Mendez: We also added -- I'm sorry -- the nine month -- that it will be -- the wall will be in substantial -- substantially built -- Mr. Howard: Right. Ms. Mendez: -- within nine -month period of time from the signing, andl think that -- and what else was --? Mr. Howard: Yeah. In paragraph 5, nothing herein shall prevent the club from using the parking lot property for any other legal purposes prior to the development of the revised planned improvements. That's a huge red flag, you know, because if this proposal is allowing them to immediately use the parking lot for whatever is legal, we kind of need to define what's legal on a T -- on a residential lot, because it's still a residential lot. So in the past, there has been cars being worked on. There has been large parties with big tents, which I -- you know, of course, I have pictures of all that. So it's what is defined as "legal," and it's a matter of them being able City of Miami Page 138 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 to use the parking lot before this work is done, you know, so there are no time stamps, no gap -- no stop gaps. Hey, if it's not done in two months, if it's not done in three months -- we just would like to see the work done and completed before any of the land is being used for parking. Ms. Mendez: Well, the exception is granted with certain conditions. The conditions have to be met for that exception to be valid. So, for instance, the wall is one of the conditions. If the wall is not up and covering from sight what the neighbors can see, then it cannot be properly used for parking. Mr. Howard: So what -- but what we're asking is, you know -- That language, for some reason -- I don't even see a need for that sentence. It just opens a can that shouldn't be opened. Ms. Mendez: Mr. Fernandez, is there any particular reason other than that you said that you want this property to be used for purposes of the exception as granted herein and that would --? Mr. Howard: For parking. I mean, if you want to -- Ms. Mendez: Or for parking. I mean be specific with that language and that would allay the concerns of everyone, and be specific with regard to -- Mr. Fernandez: I mean, I don't think that that language is saying that the property can be used for anything other than a T3 use, so I would be comfortable with saying that it can be used for nothing other than its current designation if that -- you know, until the wall is built. Is that the idea? Mr. Howard: Yeah. When -- Ms. Mendez: Is for that -- Vice Chair Gort: The idea is -- right now, my understanding is -- and I'm not -- I didn't hear all the questions and all that (UNINTELLIGIBLE) conversation that took place between the two of them, and this is the first I hear of this. But my understanding is the neighbors got a problem that that lot is being used for fixing cars and for different things -- Mr. Fernandez: Right. Vice Chair Gort: -- and that's something -- Mr. Fernandez: And we're in agreement. Vice Chair Gort: -- the property owner -- just like you heard, the problems we have with open garages, they're working illegal. The property owner should be taking care of -- make sure that those (UNINTELLIGIBLE) are not being used. Mr. Fernandez: We're in agreement with that, yeah. Chair Sarnoff So you'll modify it accordingly? Mr. Fernandez: Yes. Ms. Mendez: We can mod05, it with regard to the parking and just make that specific. The agreement is substantially in the attached form, so we were going to tweak any little issues that might come up with regard to that, but that's acceptable, I think. Chair Sarnoff All right. City of Miami Page 139 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Vice Chair Gort: Thank you. Mr. Howard: And so -- and the other thing was, and it's not as big a deal as that language was to me especially, was that there -- the language is saying or what I'm hearing is nine months for the wall to be completed. How -- between now and the nine months for the wall to be completed Ms. Mendez: There will be no pedestrian or vehicular access. It will be remain -- it will remain (UNINTELLIGIBLE). Mr. Howard: If the fence comes down and if the barricades leave, whether they tell -- Ms. Mendez: There will be -- Mr. Howard: -- (UNINTELLIGIBLE). Ms. Mendez: -- a few more barricades brought in. Mr. Fernandez: The barricades aren't leaving. It'll -- Ms. Mendez: No (UNINTELLIGIBLE). Mr. Fernandez: -- remain status quo until that time. Mr. Howard: Right. So, you know -- Ms. Mendez: And we'll make sure we place that in the agreement then, as well, just to be clear. Mr. Howard: Good. All right. Chair Sarnoff Thank you. Ms. Mendez: Thank you, Mr. Howard. Chair Sarnoff Stay close, Mr. Fernandez. Okay. Alfredo Carrero: Alfredo Carrero, 8001 Northeast 7th Avenue. Thank you for taking the time to hear this issue, and I'm glad we're at a point where we've got a resolution in sight. The only thing want to add to what Mr. Howard said was my only concern is with the effort, the work being involved to bring this resolution forward, that it doesn't impact the residents on 80th Street, and what I mean specifically (UNINTELLIGIBLE) is staging or any vehicular -- you know, work vehicles coming in and out that are going to be there, needed to perform this exercise. Is this going to impact 80th Street? is really what I'm asking. Chair Sarnoff I think what you're asking is that the construction vehicles make ingress and egress off of 80th. Mr. Carrero: Correct. Ms. Mendez: Mr. Fernandez, do you know if the building will be --? Chair Sarnoff No, no, no, I'm sorry. You're saying not off 80th. Ms. Mendez: Right, off of 79th. City of Miami Page 140 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Off of 79th Street. I apologize. Vice Chair Gort: Yeah, 79th. Mr. Fernandez: Not affecting 80th Street, correct, but on certain -- Chair Sarnoff Sorry. I think you understood what I meant. Mr. Fernandez: Yes. Ms. Mendez: Yes, Chairman, we understood, but it's off of 79th. Do you know if the portion of the building that will allow the access in and out will be cut before the wall is put up? Because I think the residents are concerned that all the construction trucks are going to be placed on their street and then it's going to be full of construction trucks trying to do the wall. Do you know timing -wise? Mr. Fernandez: I think the idea would be that construction trucks could be parked in the T3 behind the current barricades so that it's not on 80th Street. Ms. Mendez: Right. So timing -- Mr. Fernandez: It will be within their property. Ms. Mendez: -- wise, it'll be happening so that the access can happen -- the portion of the building will be cut first that allows the ingress and egress off of 79th so that it could be on the interior of their property. Mr. Fernandez: But I think that in order to cut the building, so to speak, to reduce the building width, there will have to be some access from the back initially because there's no setback on 79th. So as long as, initially, vehicles can access from 80th in order to accommodate the construction vehicles that will then chamfer the building, then I think all further construction can be through 79th. Chair Sarnoff What was the word you used? Mr. Fernandez: Chamfer. Chair Sarnoff Chamfer? What does that mean? I love that word, but what does it mean? Mr. Fernandez: It means like slice off a piece. Chair Sarnoff Chamfer. Mr. Fernandez: Yeah. Chair Sarnoff I like learning new words. That was good. Mr. Fernandez: Thanks. Ms. Mendez: Mr. Fernandez, is there any way we can, in addition to this agreement, work on a little parking plan for this if it's going to affect too much --? Mr. Fernandez: Of course, absolutely. We can -- Ms. Mendez: Like in -- you know. City of Miami Page 141 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Fernandez: On a construction plan. Ms. Mendez: Right, a staging -- Mr. Fernandez: A staging plan. Ms. Mendez: -- plan. Maybe get, you know -- Mr. Fernandez: Yes, (UNINTET,TIGIBT,F). Ms. Mendez: -- so that we know where the vehicles will be placed. Will that work, Mr. Howard and Mr. Carrero? Mr. Howard: What we're concerned with even now, like just this -- I think it happens on Thursday. They take the barricades up with a forklift themselves and allow trucks in and out, I mean, so they've already proven themselves unworthy of any kind of -- unless there is something strict about the trucks, we just don't have -- we have no confidence that they would abide by anything. Mr. Fernandez: Well, I think an issue -- Mr. Howard -- Mr. Howard: I have pictures. I have pictures and video of them moving the barricades. Mr. Fernandez: -- I think an issue -- IfI may ask a question is how the garbage dumpster is accessed. Mr. Howard: That wasn't our problem. Mr. Fernandez: No, but that's -- I know that's not your problem, but I'm asking you how do you propose that they take out their garbage? If there's no access to 79th presently, that's the only way to do it, isn't it? Mr. Howard: Smaller garbage cans on 79th? I mean, we -- Commissioner Spence -Jones: Let me just -- let me say this. I mean, this is not in my -- this is in my district now, andl notice that the district Commissioner -- andl'm really allowing him to take -- at least since this is in the pipeline, he's handling it, but it seems as though you guys have made a lot of headway between both the residents and the people that actually come to the Little River Club, andl'm saying if everyone has to make some sort of adjustments with each other. Mr. Howard: Absolutely. Commissioner Spence -Jones: Okay. And let me just say this: You know, I don't -- you know, I want to say it the right way. I mean, I see that both sides have been able to at least come to a conclusion everybody could be happy with, and I just don't want to see in this particular meeting things begin to elevate, because we border sometimes -- without trying to, we border conversations or areas that can become offensive. Mr. Howard: I understand. Commissioner Spence -Jones: Okay. And, you know, if the adjustments have been made to accommodate the wall coming up, right? Mr. Howard: Mm-hmm. City of Miami Page 142 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: Andl understand there's been a history of broken promises or things that were said that not -- were not done, but I think that you have made major, major headway today, and to even be in this room together, coming up with some sort of solution to addressing the neighborhood -- You live there. Mr. Howard: I do. Commissioner Spence -Jones: You know, so I feel you. I understand. It's like -- it's a big difference than just having people come to a place and receive services and leave and go wherever else they live, but you got to live there every single day, so I'm -- I feel exactly what you're feeling. I live it every single day, as a matter of fact. So I don't want to make light of your concern, butt want to ask you to have a little compassion in it at the same time. Mr. Howard: Well -- and -- Commissioner Spence -Jones: Let me just finish. Mr. Howard: I'm sorry. Commissioner Spence -Jones: And what I mean by that is, you know, if they have to build the wall -- and we already know, coming off 79th Street, right now there's not enough area to even bring construction trucks through. The request is a little unreasonable until that wall gets built. And I'm not saying anything negative about my city. I love my city, but just for them to get permits to knock down and get stuff done, it's not -- I don't want it to be a situation where, once again, you feel like it's a broken promise, because, quite frankly, Ben can say yes all day that he's going to get it done, but it's really going to boil down to the City and the permitting and all of that stuff happening, and things happen. There has to be a way that both groups can work together to get through the wall being built without it getting to the point where everybody wants to destroy each other in the process. I'm just -- I just try to be a reasonably fair person, andl don't know their stories. We all have stories. We all have family members that have gone through -- I'm just blessed to see them sitting in this space. At least their lives are back on the right track, you know. So let's figure out a way that we can do it in a respectful way so that it's not seen as some -- not one or the other person is being dumped on in the process. Mr. Howard: Yeah, and that's -- Commissioner Spence -Jones: So I'm just asking from you for a little compassion through this process. It's all -- you're almost there. Mr. Howard: Which goes both ways, though. Commissioner Spence -Jones: Right, right. Mr. Howard: That's where we're coming from. Commission Spence -Jones: I understand. Mr. Howard: Yeah. Commissioner Spence -Jones: And like I said, you live there. There's a big difference in going to a place and coming back and having to -- you know, that's your home. Mr. Howard: Of course. City of Miami Page 143 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Spence -Jones: That's a very big difference. But I'm just asking you in the midst -- so we can get through this hearing -- of this, let's at least try to find you know, some sort of common ground, you know, and be reasonable, you know, from the standpoint of -- It's going to - - For Ben to sit up here and say he's going to be able to build that wall without coming to the back, I don't even want him to say that 'cause he know he can't do it, you know. And by the time - - You talking about a construction truck on 79th Street, and we all know 79th Street. It's not easy to come in and off of 79th Street from a construction standpoint -- not even just driving -- but off of 79th Street, trying to go into that space to even build a wall. Mr. Howard: Well -- but it's been done. Vice Chair Gort: Right. Mr. Howard: There's a restaurant right next door to the Little River -- Jasmine -- and she's done all of her construction and not one single truck came in through the back. Commissioner Spence -Jones: Right, but the issue, though, becomes there -- to my understanding Mr. Fernandez: There's a driveway. She has a driveway to the back, and she didn't build a wall. Chair Sarnoff Okay, okay, okay. Commissioner Spence -Jones: Right, but -- Chair Sarnoff Okay. Commissioner Spence -Jones: Andl -- Right. Mr. Howard: Okay. Commissioner Spence -Jones: Andl -- let me just finish and I'm done, you know, 'cause I -- again, it's in your pipeline. I'm just trying to -- Mr. Howard: I understand. Commissioner Spence -Jones: -- you know, I'm just trying to appeal to -- if nothing else, I'm trying to appeal to the human side of you, okay. Let's just try to figure out a way to work through it so that it makes sense for both parties. I don't want to see a million and one of them about to jump up on the mike and just start going off because then it becomes more personal, and this is not -- honestly, it's not personal. From -- you know what I'm saying? I don't want it to go there. Mr. Howard: I know. It kind of is. Commissioner Spence -Jones: Andl feel the temperature rising in the room because it's feeling that way, and you just want to make sure that, you know, your family and where you live, you know, you can live comfortably, andl understand that. But this is a nine -month period that if everybody can give and take on this situation, I think that, you know, in the end, we'll all be happy with the outcome. But l just -- I'm just asking -- I'm just appealing to -- I'm appealing to your hearts, andl know you have one, okay. You wouldn't be here if you didn't. Mr. Howard: That's a little cold Commissioner Spence -Jones: You wouldn't be here if you didn't have a heart. City of Miami Page 144 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Mr. Howard: That's a little cold. Commissioner Spence -Jones: Okay. No, it's not. It's not. So, see, I'm the only girl that can say that up here, right? They can't say it, but -- Mr. Howard: No, they can't get away with it. Commissioner Spence -Jones: -- I understand how hard you guys have worked on it, but if we could figure out a plan that everybody can feel comfortable with and not put stuff on the record that we know we're not going to be able to do -- and I'm saying "we," meaning you guys are not going to be able to do, and then guess what? You're going to be calling Victoria. You're going to be calling the Manager. You're going to be calling out me saying -- Mr. Howard: Now. Commissioner Spence -Jones: -- "Hey, you guys voted on this andl told you that this was not going to happen." See, I'm never -- I'm going to be always a straight shooter with you. I'm not going to sit up here and listen to something when I know that that's not going to be the case. I'm going to be straight, you know. Now, I'm not going to do anything to just get you out of the front of my face. I'm not going to do that. I'm going to tell you, listen, they're not going to be able to do this without having some back -road access in order to get it done. Mr. Howard: Well, if we can work on a plan where there are days and times of days and limit that -- Mr. Fernandez: Of course. Mr. Howard: -- and the fence not come down until -- Ms. Mendez: Right. And that -- Mr. Howard: -- the wall gets done. Ms. Mendez: --would be just a construction management plan and a parking plan, a staging plan, which is done for all constructions, usually bigger projects, but we'll just work it into a schedule. Vice Chair Gort: Ben, very simple. You got to come up with a plan so -- Mr. Fernandez: Absolutely. Vice Chair Gort: -- they have an idea, more or less, with the (UNINTELLIGIBLE), the time it takes the permit and all that. But the biggest problem you have in this type of construction is not the owner, it's not you -- Commissioner Spence -Jones: I know. Vice Chair Gort: -- but it's the people that are going to perform the work. Commissioner Spence -Jones: Yeah. Vice Chair Gort: They got to be -- they have to be supervised. Commissioner Spence -Jones: Yeah. City of Miami Page 145 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Vice Chair Gort: Because we that problem ourself. We have people subcontract, doing street work in our streets, and they go to the neighbors. They'll tell the neighbors anything. They'll park anywhere -- Commissioner Spence -Jones: Yeah. Vice Chair Gort: -- and they'll do anything. Commissioner Spence -Jones: Yeah. Vice Chair Gort: So you need super -- somebody supervising, make sure that the plan you put together, it goes in accordance, okay. Thank you. Chair Sarnoff All right, next. You're recognized, sir. Robert Karl: Thank you. I'm Bob Karl. I live at 743 Northeast 80th Street. I think this is a great idea that this wall is going up, andl think it's going to go really well, butt think in the process, I'm not too worried about people coming and going during the course of the construction. I think I'm more concerned about the children in the neighborhood, andl was going to suggest that is it -- if it's perhaps possible that we could maybe build a small basketball court on one of the cul-de-sacs right there so the kids could use that during the course of the day, during the summer months when they're not in school, andl think it's a really cool idea, because I've been thinking about this for several months now, and if we could maybe -- if the City of Miami would consider this, building a small little basketball court on every cul-de-sac in the City ofMiami, we'd have a lot of more kids playing basketball, you know, instead of running around, andl think the kids on our street would like that. So if it's at all possible, I'm going to suggest that to the Commission where, you know, maybe it is possible -- possibility of construction, we could take care of the kids on the block and have everybody happy. I know the residents are going to be happy with the wall. They're going -- I know that the fact that everything is going to be smooth and by the numbers, andl think everybody is going to be pleased with that, because since that gate has been closed, the traffic on our street has diminished dramatically and the street has really quieted down and the kids are really getting very active on the street, which is great, because, you know, I like kids anyway. I work with kids all the time. I teach part time for Dade County Public Schools, and as a matter of fact, I think it would be a great idea if we could maybe build a cul-de-sac and -- with a little basketball court. Wouldn't you think that would be nice for the kids? So -- Vice Chair Gort: It'd be great, but we got to talk to Finance Department. Commissioner Spence -Jones: No. Ken Jett, so I'm going to be building in cul-de-sacs basketball -- little mini -basketball courts in Shorecrest? Have you guys communicated this? Unidentified Speaker: (UNINTELLIGIBLE). Todd B. Hannon (City Clerk): Chair. Commissioner Spence -Jones: You're so silly. Chair Sarnoff I got you. Vice Chair Gort: See, you (UNINTET,TIGIBT,F) -- Chair Sarnoff All right, come on. Vice Chair Gort: -- got to (UNINTELLIGIBLE) in the money. City ofMiami Page 146 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Chair Sarnoff Next up. Thank you, Mr. Karl. Mr. Karl: Thank you very much. Chair Sarnoff Appreciate it. Mr. Karl: Thank you. Chair Sarnoff Next up. Anyone else wishing to be heard? Hearing none, seeing none, the public hearing is now closed. I'm going to pass the gavel to Commissioner Gort, and this is going to be my motion. My motion would be to approve it with -- Commissioner Spence -Jones: Well, I think -- Vice Chair Gort: Wait a minute. I think you had someone else who wanted to speak. Commissioner Spence -Jones: You did have people -- you said it so fast, Commissioner Sarnoff, you didn't really give -- Vice Chair Gort: So far it looks very good. Are you in favor of the wall and what's going to take place? Commissioner Spence -Jones: That's right. Vice Chair Gort: Are you in favor of it? Commissioner Spence -Jones: Let's not go backwards. Vice Chair Gort: Okay. You're in favor of it? Alex Desir: Of -- Commissioner Spence -Jones: A wall. Mr. Desir: I'm just walking in. So we're talking about building a wall? Commissioner Spence -Jones: Yes. Mr. Desir: My name is Desir, by the way. Commissioner Spence -Jones: Yes. Mr. Desir: And I'm just sincerely wanted -- well, advise everybody that I'm very happy you guys are taking the time to build together the community, because that's what it is, you know. And as you know, this clubhouse is dedicated from alcoholics to alcoholics, and that means people that have the sickness, the soul sickness, and together we're trying to build members, new members of our society that can, indeed, you know, be productive and, indeed, help to create, you know, more what we want, you know a more (UNINTELLIGIBLE). Vice Chair Gort: In other words, you're in favor of it. Mr. Desir: So is the wall work, hey, I'm all for it. I also would like to have more open communication between the community. There is a problem, you know, so we can work together, you know. What's the pro --? What's the conversation? I'd like to have a conversation started City of Miami Page 147 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 with the people, whoever this association, a representative or someone to our clubhouse and we will gladly, you know, listen, and indeed to try to work together, you know what I mean. We need the parking space open. We need to park there. There is happening -- I, myself, three times, almost gotten hit by trucks, you know, from 79th Street. It's a very dangerous situation. Just a matter of time for somebody to get killed, literally, and know we don't want this, you know. It's just a matter of communication. I'm taking my time, and I hope that I have said something that may spark some light in your hearts and that we -- then the -- open these barriers out of there, and we'll build whatever wall you want. We will do whatever it is that we need, but we need to keep that place open, running. You know, we don't have too many places like this. Thank you so much. Chair Sarnoff Thank you. Thanks for coming back. Commissioner Spence -Jones: Thank you. Vice Chair Gort: You gave a great idea. I think that one of the things (UNINTELLIGIBLE), when you put your plan together and you guys get together in your place and show them what you're doing. Commissioner Spence -Jones: Commissioner Sarnoff. Chair Sarnoff Yeah. With your permission, Commissioner, I'd like to make one of my last motions. Commissioner Spence -Jones: On one condition. Chair Sarnoff What's that? Commissioner Spence -Jones: That I have some basketball courts in Shorecrest, cul-de-sac. Chair Sarnoff I'll leave that amendment to you. But let me -- first, let me just say something to Shorecrest and say something to Victoria Mendez, 'cause I don't give compliments very often. This was the boldest move I've ever seen by the City Attorney's Office in working with Public Works to stop a problem, andl gotta -- my hat's off to Mr. Manager for allowing it to happen. My hat's off to the Public Works director for allowing it to happen, and my hat's off to Victoria Mendez, who had to deal with me being at all these hearings and looking over her shoulder. Andl think we've developed something that's very livable not only for the community, but for the Little River Club, itself. So here's my motion. I do not intend to modifi, any statements made by the Little River Club, but I would like to make sure that it's clear that a masonry wall be set back 20 feet from 80th Street; there be no ingress or egress to 80th Street; that masonry wall separating the side properties must be in place; the wall to be in substantial completion within nine months; the court to retain jurisdiction to ensure that all the terms and conditions discussed herein are agreed to. And that would be my motion to approve PZ.11. Vice Chair Gort: There's a motion. Is there a second? Commissioner Spence -Jones: Second. Vice Chair Gort: Okay. Any further discussion? Being none, this is a resolution. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. City of Miami Page 148 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 D2.1 13-00621 D2.2 13-00651 D3.1 13-00751 Vice Chair Gort: As amended. Mr. Fernandez: Thank you very much. Chair Sarnoff And modified END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00621 Status - Hiring Police Officers.pdf NO ACTION TAKEN DISCUSSION ITEM STATUS OF PARKS EMPLOYEES, PARK RANGERS, AND POLICE AT MARGARET PACE PARK. 13-00651 Status - Margaret Pace Park.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM City of Miami Page 149 Punted on 7/22/2013 City Commission Meeting Minutes June 27, 2013 D3.2 13-00723 D3.3 13-00678 D3.4 13-00719 D3.5 13-00753 VERIFICATION OF THE ISSUANCE OF THE AUDITED FINANCIAL STATEMENTS ENDING FOR THE YEAR SEPTEMBER 30, 2012. 13-00751 Verification Issuance -Audited Financial Statements FY' 12.pdf NO ACTION TAKEN DISCUSSION ITEM FOLLOW UP ON RECRUITING. 13-00723 Email - Recruitng.pdf NO ACTION TAKEN DISCUSSION ITEM ILLEGAL BILLBOARD. 13-00678 Email - ILLegal Billboard.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING FUTURE AUDIT PREPARATIONS. 13-00719 Update - Future Audit Preparations.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00665 UPDATE REGARDING THE COLLECTION OF OUTSTANDING SPECIAL ASSESSMENT LIENS. 13-00665 Update - Special Assessment Liens.pdf City of Miami Page 150 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 D4.2 13-00666 D4.3 13-00600 NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING YELLOW LIGHT INTERVALS AT CITY OF MIAMI INTERSECTIONS. 13-00666 Email -Yellow Light Intervals.pdf DISCUSSED Note for the Record: Please see Item EM.1 and Item RE.18 for minutes referencing Item D4.2. DISCUSSION ITEM DISCUSSION REGARDING IMPLEMENTATION OF FICAALTERNATIVE PLAN FOR PART-TIME, SEASONAL, AND TEMPORARY EMPLOYEES. 13-00600 Implementation of FICAAlternative Plan.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS NA.1 RESOLUTION 13-00458 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO GRANTALLAPATTAH BUSINESS DEVELOPMENT Economic AUTHORITY, INC., AN EXTENSION OF TIME FROM MARCH 31, 2013 TO Development SEPTEMBER 30, 2013, FOR THE 2012-2013 AGREEMENT FOR THE COMMERCIAL FA?ADE AND CODE COMPLIANCE PROGRAM IN DISTRICT 1; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00458 Summary Form.pdf 13-00458 Notice to the Public.pdf 13-00458 Pre-Legislations.pdf 13-00458 Legislation.pdf 13-00458-Sibmittal-Vice Chair Gort.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 151 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0263 Vice Chair Gort: I got a pocket item, 'cause I'm going to leave at least by -- Chair Sarnoff You got to leave? Vice Chair Gort: -- before 7; at 7, maybe 7: 30. Chair Sarnoff Want to take your pocket item now, 'cause I want to make -- 'cause we're going to get involved, andl want you to have it now. Vice Chair Gort: Is it that (UNINTET,TIGIBT,F)? Okay. Chair Sarnoff Let him do his pocket item. Commissioner Spence -Jones: Oh, (UNINTELLIGIBLE). Vice Chair Gort: Let me -- mainly, if you recall, when we passed the resolutions for the CDBG (Community Development Block Grant) spending and extension of time for the different associations, I pulled mine from the Allapattah Action Center because I wanted to sit down with the people who are going to implement the -- So this is an ordinance authorizing the City of Miami to grant Allapattah Business Development Authority an extension of time from 2012 -- Commissioner Spence -Jones: So moved. Vice Chair Gort: -- to 2000 (UNINTELLIGIBT,F). Chair Sarnoff This is -- Vice Chair Gort: The CDBG funds. There's two of them. Chair Sarnoff This is merely an extension, right? Vice Chair Gort: Yeah. Chair Sarnoff All right, we have a motion by Commissioner Gort, second by Commissioner Spence -Jones. You guys want to take one minute to read it real quick? Vice Chair Gort: This is CDBG funding for the -- my district. It's the extension of time for the facade program. Victoria Mendez (Deputy City Attorney): Chairman, I just wanted to bring to your attention, if any of the Commissioners are leaving with regard to the emergency ordinance -- Chair Sarnoff I'm sure we (UNINTELLIGIBLE). Ms. Mendez: -- it's a four fifths, so if one Commissioner leaves, four have to vote affirmatively. Chair Sarnoff Let's take it up. We'll take it up right after the pocket item. Commissioner, this is just an extension, right? Vice Chair Gort: Right. City of Miami Page 152 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 Commissioner Carollo: An extension of time. Chair Sarnoff An extension of time. For how long? Commissioner Carollo: From March to -- Vice Chair Gort: To September. Commissioner Carollo: -- September. Chair Sarnoff Okay. Commissioner Carollo: Mr. Chairman, question, and just for knowledge, for future knowledge, what happens if two Commissioners leave? Ms. Mendez: Then you don't have the four required by state law. Commissioner Carollo: So it's not four fifth of the Commissioners present. Ms. Mendez: Correct. Commissioner Carollo: It's four fifth of the Board. Ms. Mendez: Of the body. Vice Chair Gort: Of the Board, yeah. Commissioner Spence -Jones: Andl -- Vice Chair Gort: Look, ifI have to say, I'll stay. I don't have any problem. Commissioner Spence -Jones: And then on (UNINTELLIGIBLE). Chair Sarnoff Let's take it up. Commissioner Spence -Jones: I'm sorry. Chair Sarnoff Let's just take it up and get it over with. Vice Chair Gort: Okay. Commissioner Spence -Jones: Yeah, but on -- what -- during that break, I was going to use that time to just go through -- Chair Sarnoff We're still going to take a five-minute break. Commissioner Spence -Jones: Okay, good. Chair Sarnoff All right. So we have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff We're in recess; five real minutes, guys. City of Miami Page 153 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 NA.2 13-00816 Commissioner Spence -Jones: Okay. DISCUSSION ITEM COMMISSIONER SUAREZ COMMENDED VICTORIA MENDEZ, DEPUTY CITY ATTORNEY, FOR HER REMARKABLE PERFORMANCE DURING THE COMMISSION MEETING. DISCUSSED Commissioner Suarez: Mr. Chair, may have the floor real quick? Chair Sarnoff We're not -- I'm going to ask you guys what you want to do about your -- Commissioner Suarez: No, I'm okay to adjourn. It's late, but I just want to say something. Vice Chair Gort: I apologize but -- Commissioner Suarez: I'm not -- can I just say something? Commissioner Spence -Jones: No, you can't. Chair Sarnoff Please. No, let him -- He's been very good today. Commissioner Suarez: Thank you. Commissioner Spence -Jones: (UNINTELLIGIBLE) saying (UNINTELLIGIBLE). Commissioner Suarez: Thank you, Mr. Chair. Chair Sarnoff Put a hole in our pocket. Commissioner Suarez: What's that? I haven't said anything all day, right? No, I just want to -- Commissioner Spence -Jones: He's been saying something all day. Commissioner Suarez: I have? Commissioner Spence -Jones: You've been laying it down today. Commissioner Suarez: I could say why but -- I just -- I want to -- you know, I want to take a moment -- it's okay. It's all right. Don't worry about it. It's okay. It's not a big deal. Chair Sarnoff Sorry. Commissioner Suarez: No, I just want to commend -- I just want take a moment to commend Victoria Mendez. I think today was her -- the finest day that I've seen in her performance since I've been a City Commissioner, andl am very hard on her, because I've known her for a very long time, and I just want to commend you for that. And I try -- you know, I'm not too -- I don't think I'm the most free flowing praising person, and probably should be more than what I am, but I just want you to know that it goes noticed when you had a day this remarkable in the items that you handled today. I just wanted you to know that I felt that way. Victoria Mendez (Deputy City Attorney): Thank you. I appreciate it. Thank you very much, City of Miami Page 154 Printed on 7/22/2013 City Commission Meeting Minutes June 27, 2013 ADJOURNMENT Commissioners. Chair Sarnoff All right. So we will have all our blue page items the next Commission agenda. Everybody agree? We are in adjournment. Thank you all for being here. The meeting adjourned at 7: 37 p.m. City of Miami Page 155 Printed on 7/22/2013