City Commission
Regular MeetingCoral Gables, FL · January 28, 2015
Minutes
City of Coral Gables
405 Biltmore Way
Coral Gables, FL 33134
www.coralgables.com
Meeting Minutes
Wednesday, January 28, 2015
9:00 AM
City Hall, Commission Chambers
City Commission
Mayor Jim Cason
Vice Mayor William H. Kerdyk, Jr.
Commissioner Patricia Keon
Commissioner Vince Lago
Commissioner Frank C. Quesada
Cathy Swanson-Rivenbark, City Manager
Craig E. Leen, City Attorney
Walter J. Foeman, City Clerk
City Commission Meeting Minutes January 28, 2015
ROLL CALL
Present: 5 - Mayor Cason, Commissioner Keon, Vice Mayor Kerdyk Jr., Commissioner
Lago and Commissioner Quesada
INVOCATION
Rev. Jose E. Hernandez, Doctor of Ministries of Miami-Dade County gave the
Invocation.
PLEDGE OF ALLEGIANCE
Commissioner Keon led the Pledge of Allegiance.
LEGISLATIVE SUMMARY
The following minutes summary includes all presentations made, and actions taken
which information is supplemented by the following exhibits on file in the Office of the
City Clerk, and which are by reference made a part of the record herein: (a)
Resolution(s) adopted (Resolution No. 2015-06 through Resolution No. 2015-17);
(b) Video; (c) Audio Recording; (d) Minutes Folder with Agenda and background
information, including items which were submitted at the meeting.
A. PRESENTATIONS AND PROCLAMATIONS
None
City Clerk Item No. 1
City of Coral Gables Page 1
City Commission Meeting Minutes January 28, 2015
B. APPROVAL OF MINUTES
B.-1. 15-3654 Regular City Commission Meeting of November 18, 2014.
Attachments: Meeting Minutes
Verbatim Transcript - Agenda Item I-2 - Status regarding proposed forfeiture ordinance
Verbatim Transcript - Agenda Items E-2 and E-3 are related - Change of Zoning and Conditional
Verbatim Transcript - Agenda Items E-4 and E-5 and E-9 - Change of Land Use-Change of Zonin
Verbatim Transcript - Agenda Items E-6-E-7 and E-10 - Zoning Code Amendment-City Code Ame
Verbatim Transcript - Agenda Item D-1
Verbatim Transcript - Agenda Item E-1 - Appeal by Quality Structures Inc
Verbatim Transcript - Agenda Item E-8 - Ordinance related to Hopkins-Cooper Scholarship Comm
Verbatim Transcript - Agenda Item E-11 - Appeal of Tree Permits for 1011 and 1015 Lisbon Stree
Verbatim Transcript - Agenda Item F-1 - Discussion regarding the Parks and Rec Youth Advisory
Verbatim Transcript - Agenda Item F-3 - Update from special counsel regarding school choice
Verbatim Transcript - Agenda Item F-4 - Discussion regarding implementation of tree measures b
Verbatim Transcript - Agenda Item F-5 - Discussion regarding implementation and interpretation o
Verbatim Transcript - Agenda Item H-1 - Reso approving artist for public art work on Segovia at C
Verbatim Transcript - Agenda Item H-2 - Discussion regarding the status of Coral Gables Bicycle
Verbatim Transcript - Agenda Item H-3 - Reso Chief Procurement Officer contract with Cooper Ro
Verbatim Transcript - Agenda Item I-1 - Report regarding appellate rule change related to non-fin
A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago,
that this matter be approved. The motion passed by the following vote.
Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago,
Commissioner Quesada and Mayor Cason
City Clerk Item No. 2
City of Coral Gables Page 2
City Commission Meeting Minutes January 28, 2015
C. CONSENT AGENDA
All items listed within this section entitled "Consent Agenda" are considered to be
self-explanatory and are not expected to require additional review or discussion, unless
a member of the City Commission or a citizen so requests, in which case, the item will
be removed from the Consent Agenda and considered along with the regular order of
business. Hearing no objections to the items listed under the "Consent Agenda", a vote
on the adoption of the Consent Agenda will be taken.
Passed the Consent Agenda
A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago,
to Adopt the Consent Agenda. The motion carried by the following vote:
Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada,
Commissioner Keon and Mayor Cason
RESOLUTION NO. 2015-06
C.-1. 15-3635 A Resolution authorizing entering into a second amendment to amended and restated
agreement with Actors’ Playhouse Productions, Inc., with regard to city-owned property
located at 280 Miracle Mile, Coral Gables, Florida.
Attachments: 2nd Amendment
Excerpt Minutes
Resolution - 1.28.15 (Actors 2nd Amendment )
C-1 Signed Cover Memo
A RESOLUTION AUTHORIZING ENTERING INTO A SECOND AMENDMENT
TO AMENDED AND RESTATED AGREEMENT WITH ACTORS’ PLAYHOUSE
PRODUCTIONS, INC., WITH REGARD TO CITY OWNED PROPERTY
LOCATED AT 280 MIRACLE MILE, CORAL GABLES, FLORIDA.
This Matter was adopted by Resolution Number 2015-06 on the Consent Agenda.
City Clerk Item No. 3
City of Coral Gables Page 3
City Commission Meeting Minutes January 28, 2015
RESOLUTION NO. 2015-07
C.-2. 15-3636 A Resolution appointing David Smith (Nominated By Mayor Cason) to serve as a member
of the Emergency Management Division, for the remainder of a two (2) year term, which
began on June 1, 2013 and continues through May 31, 2015.
Attachments: David Smith Resume
C-2 Signed Cover Memo
C-2 Resolution
A RESOLUTION APPOINTING DAVID SMITH (NOMINATED BY MAYOR
CASON) TO SERVE AS A MEMBER OF THE EMERGENCY MANAGEMENT
DIVISION, FOR THE REMAINDER OF A TWO (2) YEAR TERM, WHICH
BEGAN ON JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015.
This Matter was adopted by Resolution Number 2015-07 on the Consent Agenda.
City Clerk Item No. 4
RESOLUTION NO. 2015-08
C.-3. 15-3639 A Resolution authorizing Coral Gables Museum to sell alcoholic beverages from 7:00
p.m. to 10:00 p.m., at the Coral Gables Museum Plaza located at 285 Aragon Avenue on
Thursday, February 26, 2015, during the 3rd Annual "ARTOPIA" event, subject to Florida
Department of Professional Regulation requirements.
Attachments: Artopia Special Event Application
C-3 Signed Cover Memo
C-3 Resolution
A RESOLUTION AUTHORIZING CORAL GABLES MUSEUM TO SELL
ALCOHOLIC BEVERAGES FROM 7:00 P.M. TO 10:00 P.M. AT THE CORAL
GABLES MUSEUM PLAZA, LOCATED AT 285 ARAGON AVENUE ON
THURSDAY, FEBRUARY 26, 2015, DURING THE 3RD ANNUAL “ARTOPIA”
EVENT, SUBJECT TO FLORIDA DEPARTMENT OF PROFESSIONAL
REGULATION REQUIREMENTS.
This Matter was adopted by Resolution Number 2015-08 on the Consent Agenda.
City Clerk Item No. 5
City of Coral Gables Page 4
City Commission Meeting Minutes January 28, 2015
RESOLUTION NO. 2015-09
C.-4. 15-3640 A Resolution authorizing Saint George Antiochian Orthodox Cathedral to sell alcoholic
beverages as part of the "Annual Cathedral Festival" on 320 Palermo Avenue on
Saturday, February 14, 2015 from 11:00 a.m. to 12:00 a.m. and on Sunday, February 15,
2015 from 12:00 p.m. to 8:00 p.m., subject to Florida Department of Professional
Regulation requirements.
Attachments: St. George Special Event Application
C-4 Signed Cover Memo
C-4 Resolution
RESOLUTION AUTHORIZING SAINT GEORGE ANTIOCHIAN ORTHODOX
CATHEDRAL TO SELL ALCOHOLIC BEVERAGES AS PART OF THE
“ANNUAL CATHEDRAL FESTIVAL,” LOCATED AT 320 PALERMO AVENUE ON
SATURDAY, FEBRUARY 14, 2015, FROM 11:00 A.M. TO 12:00 A.M. AND ON
SUNDAY, FEBRUARY 15, 2015, FROM 12:00 P.M. TO 8:00 P.M., SUBJECT TO
FLORIDA DEPARTMENT OF PROFESSIONA L REGULATION
REQUIREMENTS.
This Matter was adopted by Resolution Number 2015-09 on the Consent Agenda.
City Clerk Item No. 6
Presentation of Boards and/or Committees minutes requesting no action from the
City Commission:
a. 15-3627 Landscape Beautification Advisory Board Meeting of November 6, 2014
Attachments: Minutes LBAB 11-6-14-signed
12815-Cover Memo CC Minutes110614-R
This Matter was approved on the Consent Agenda.
City Clerk Item No. 7
b. 15-3628 Landscape Beautification Advisory Board Meeting of December 4, 2014
Attachments: Minutes BC 12-4-14-signed
12815-Cover Memo CC Minutes120414-R
This Matter was approved on the Consent Agenda.
City Clerk Item No. 8
c. 15-3631 Economic Development Board Meeting of December 3, 2014
Attachments: EDB Minutes 12-03-14
EDB. 1.28.15 Commission cover
This Matter was approved on the Consent Agenda.
City Clerk Item No. 9
City of Coral Gables Page 5
City Commission Meeting Minutes January 28, 2015
d. 15-3637 Library Advisory Board Meeting of December 10, 2014
Attachments: 12815-Cover Memo CC Minutes121014
Library Minutes 12-10-14
This Matter was approved on the Consent Agenda.
City Clerk Item No. 10
g. 15-3645 Historic Preservation Board Meeting of December 11, 2014
Attachments: HPB Minutes - December 11 2014
HPB.12.11.14MinutesforCC01.28.15
This Matter was approved on the Consent Agenda.
City Clerk Item No. 11
f. 15-3644 Coral Gables Merrick House Governing Board Meeting of December 8, 2014
Attachments: Merrick House Minutes December 8 2014-1
12.08.14MinutesforCC01.28.15
This Matter was approved on the Consent Agenda.
City Clerk Item No. 12
e. 15-3642 Traffic Advisory Board Meeting of November 18, 2014
Attachments: 11-18-14 MINUTES
TAB 11-18-14 minutes COVER
This Matter was approved on the Consent Agenda.
City Clerk Item No. 13
D. PERSONAL APPEARANCES
None
City Clerk Item No. 14
City of Coral Gables Page 6
City Commission Meeting Minutes January 28, 2015
E. PUBLIC HEARINGS
ORDINANCES ON FIRST READING
ORDINANCE NO. 2015-03
E.-1. 15-3634 An Ordinance amending Chapter 50 of the “Code of The City of Coral Gables,” entitled
“Pensions,” amending Section 50-230, Normal Retirement Income; and providing for
repealer provision, severability clause, codification, and providing for an effective date .
(This Ordinance does not modify pension benefits. It only serves to clarify the existing
language to make it consistent with Florida Statutes, City Attorney interpretation, and
current practices.) (Passed on First Reading January 28, 2015).
Attachments: City Attorney code interpretation of COLA 10-25-2013
Ltr from Div of Retirement re Pension COLA 3 21 13
CG Pension Ord COLA clarification 1 27 15
E-1 Signed Cover Memo 1-28-15
City Attorney code interpretation of COLA 10-25-2013
Ltr from Div of Retirement re Pension COLA 3 21 13
CG Cover Memo for Pension COLA clarification 2 4 15 (2)
CG Cover Memo for Pension COLA clarification 2 4 15 (2)
CG Pension Ord COLA clarification 2 4 15
CG Pension Ord COLA clarification 2 4 15
E-1 Signed Cover Memo 2-10-15
[Note for the Record: The verbatim transcript for Agenda Item E-1 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Commissioner Keon, seconded by Commissioner Lago,
that this matter be approved as an Ordinance on First Reading. The motion
passed by the following vote.
Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice
Mayor Kerdyk, Jr. and Mayor Cason
City Clerk Item No. 15
Anyone who wishes to address the City Commission on an item to be considered for
public hearing must fill out a Speaker Card and turn it in to the City Clerk. Speaker Cards
can be obtained on the credenza located outside the Office of the Mayor, during the day
of the City Commission Meeting.
City of Coral Gables Page 7
City Commission Meeting Minutes January 28, 2015
F. CITY COMMISSION ITEMS
Non 15-3800 Update on the underline project.
Agenda
A RESOLUTION OF THE CITY COMMISSION INSTRUCTING THE CITY’S
LOBBYIST, NAMELY FAUSTO GOMEZ, TO LOBBY ON BEHALF OF THE CITY
OF CORAL GABLES IN TALLAHASEE IN FURTHERANCE OF THE
“UNDERLINE PROJECT” (I.E. AN INITIATIVE TO TRANSFORM TEN MILES OF
UNDERUTILIZED LAND BELOW METRORAIL, FROM THE MIAMI RIVER TO
DADELAND SOUTH INTO A LINEAR PARK AND URBAN TRAIL).
[Note for the Record: The verbatim transcript for this Agenda Item is available for
public inspection in the Office of the City Clerk and in Legistar].
This was Discussed and Filed
City Clerk Item No. 16
RESOLUTION NO. 2015-10
F.-1. 15-3651 Discussion regarding Biltmore golf membership fees.
Commissioner Pat Keon
[Note for the Record: The verbatim transcript for Agenda Item F-1 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Commissioner Keon, seconded by Commissioner Lago,
that this matter be adopted by Resolution Number 2015-10. The motion passed by
the following vote.
Yeas : 5- Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr.,
Commissioner Lago and Mayor Cason
City Clerk Item No. 17
F.-2. 15-3653 Update on the crosswalk from Riviera Drive to Ingraham Park, as well as the pedestrian
crossings around Cartagena Circle, with added focus on the location of bus stops.
Commissioner Pat Keon
[Note for the Record: The verbatim transcript for Agenda Item F-2 is available for
public inspection in the Office of the City Clerk and in Legistar].
This Agenda Item was Discussed and Filed
City Clerk Item No. 20
City of Coral Gables Page 8
City Commission Meeting Minutes January 28, 2015
RESOLUTION NO. 2015-13
F.-3. 15-3655 Discussion regarding traffic flow in Downtown Coral Gables.
Vice Mayor Kerdyk
[Note for the Record: The verbatim transcript for Agenda Item F-3 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Commissioner Quesada, seconded by Vice Mayor Kerdyk,
Jr., that this matter be adopted by Resolution Number 2015-13. The motion passed
by the following vote.
Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice
Mayor Kerdyk, Jr. and Mayor Cason
City Clerk Item No. 21
RESOLUTION NO. 2015-11
Non 15-3801 A Resolution changing the City Commission meeting dates for Tuesday, February 24,
Agenda 2015 beginning 9 a.m. to Tuesday, February 24, 2015 beginning noon and Tuesday,
March 24th, 2015 beginning 9 a.m. to Wednesday, March 25, 2015 beginning 9 a.m.
A RESOLUTION PURSUANT TO SECTION 2-26 OF THE CITY CODE,
ENTITLED "REGULAR MEETINGS, SPECIAL MEETINGS," CHANGING THE
CITY COMMISSION MEETING DATES AND/OR TIMES FOR THE MONTHS OF
FEBRUARY AND MARCH, AS FOLLOWS: FROM TUESDAY, FEBRUARY 24,
2015 BEGINNING 9:00 A.M., TO TUESDAY, FEBRUARY 24, 2015 BEGINNING
NOON AND TUESDAY, MARCH 24, 2015 BEGINNING 9:00 A.M., TO
WEDNESDAY, MARCH 25, 2015 BEGINNING 9:00 A.M.
A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago,
that this matter be adopted by Resolution Number 2015-11. The motion passed by
the following vote.
Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago,
Commissioner Quesada and Mayor Cason
City Clerk Item No. 18
G. BOARDS/COMMITTEES ITEMS
None
City Clerk Item No. 22
City of Coral Gables Page 9
City Commission Meeting Minutes January 28, 2015
H. CITY MANAGER ITEMS
RESOLUTION NO. 2015-12
H.-1. 15-3632 A Resolution accepting the recommendation of the Chief Procurement Officer for the
purchase and installation of a P-25 Phase II Linear Simulcast Trunked Digital Radio
System from Communications International (CI) under its contract with Hillsborough
County Sherriff’s Office, pursuant to Section 2-978, Use Of Other Governmental Unit
Contracts ("piggyback") of the Procurement Code.
Attachments: Consultant's Report
CI's Proposal
Piggyback Contract
Police Dept. Memo
Draft Reso - Radio Contract
H-1 Signed Cover Memo
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CHIEF
PROCUREMENT OFFICER FOR THE PURCHASE AND INSTALLATION OF A
P-25 PHASE II LINEAR SIMULCAST TRUNKED DIGITAL RADIO SYSTEM
FROM COMMUNICATIONS INTERNATIONAL (CI) UNDER THEIR CONTRACT
WITH HILLSBOROUGH COUNTY, FLORIDA, PURSUANT TO SECTION 2-978,
USE OF OTHER GOVERNMENTAL UNIT CONTRACTS ("PIGGYBACK") OF
THE PROCUREMENT CODE.
[Note for the Record: The verbatim transcript for Agenda Item H-1 is available for
public inspection in the Office of the City Clerk and in Legistar].
A motion was made by Commissioner Quesada, seconded by Vice Mayor Kerdyk,
Jr., that this matter be adopted by Resolution Number 2015-12. The motion passed
by the following vote.
Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada,
Commissioner Keon and Mayor Cason
City Clerk Item No. 19
Time Certain: 11 o'clock
H.-2. 15-3643 Update on police initiatives.
Attachments: H-2 Signed Cover Memo
Coral Gables Police Zones Maps
[Note for the Record: The verbatim transcript for Agenda Item H-2 is available for
public inspection in the Office of the City Clerk and in Legistar].
This Agenda Item wasDiscussed and Filed
City Clerk Item No. 27
City of Coral Gables Page 10
City Commission Meeting Minutes January 28, 2015
I. CITY ATTORNEY ITEMS
None
City Clerk Item No. 28
J. CITY CLERK ITEMS
None
City Clerk Item No. 29
K. DISCUSSION ITEMS
Mayor Cason: Alright, we are going to be resuming our regular Commission Meeting.
We were in recess for lunch and we’ll start with Discussion Items, starting with
Commissioner Keon, do you have anything?
Commissioner Keon: Yes, is Craig coming back? I wanted to talk a little bit about the
school issues that we are involved in, but I wanted Craig to be here, so maybe we can
move on until Craig comes back.
Vice Mayor Kerdyk: I had one. Do you want me to go ahead with my issue?
Mayor Cason: Go ahead.
Vice Mayor Kerdyk: I talked to the City Manager about this issue and there is a
program I’ve always thought about doing. Its one that’s basically modeled after
something Alex Penelas did in the County where he took the Beacon Council, actually
it was Frank Nero, and one of the Commissioners or himself would go and meet with
the top corporations, in our case our 140 multi-national corporations headquarters,
you know on a periodic basis. So the Mayor would go just with one person, not make
it a huge issue or anything like that. You would go and Leonard Roberts would set up
a meeting, you would go with him or I would go with him, or Commissioner Lago
would go with him or Commissioner Keon, just so we have an outreach to those
people that are so important for our community, because there is a lot of competition
out there. Let me tell you, there is getting more and more competition with Brickell, we
go through it all the time, Blue Lagoon, this and that, I think it’s a program that we
should try to see if it works, and see if there is any - just sit down talk with them.
Again, no offense to the Chamber, Mark no offense, but just the City Commission
make it not very personal and see how as a City we can make their life easier in our
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City Commission Meeting Minutes January 28, 2015
community.
Mayor Cason: Well, I’ve been doing that for the first two years, I went around to see
lots and lots of those international corporations. How’s the City treating you?- anything
more we should do?- what are your concerns?- so its worth…
Commissioner Lago: Just for you to get an idea of something I’ve been working on, it
hasn’t come to fruition yet. I was working with Mark Trowbridge and Bill Minor in the
City and now the City Manager will get involved. It was basically to sit down with as
many entities as possible and talk about or have a symposium in regards to the
permitting process, in regards to how to get a business license?- or how to deal with
the City Clerk?- how to deal with the City Attorney?- how can the City help you
streamline the process?- and we are hopefully within the next month or two have some
sort of date once we clear that with the Manager to have some sort of date in
reference to - a little bit more of a schedule and an agenda. I’m going to present it to
the Commission and you guys give your input, tweak whatever you want to do, change
it around, maybe add certain things. We should have something within the next month
and we’ll discuss it.
Mayor Cason: We need to have signs in there too.
Commissioner Lago: That’s one of the things we are going to discuss, how to get a
sign? I’ve put together when I first got into office a simple signage brochure, which
gives examples of different types of signs and hopefully it’s going to cut red tape. I
know that Bill Minor was very instrumental in putting it together. It’s up there, I’m not
sure if its handed to new businesses that come into the City or companies that already
exist and they are going to put forth signage effort, but it already exists because we put
it together. I’m with you on that. I think it’s very good.
Vice Mayor Kerdyk: I spoke with Leonard about it, he’s excited, so maybe we can
ask Leonard just to establish a couple of meetings and see how it works for a month
or two, and see if you can’t make it because you go to so many things, I can try or
others. I think we should move it around as much as possible, so that everybody has
an opportunity to go visit a multi-national. One I did visit was Kraft and Kraft was very
interested, they liked the concept of possibly someday having a symposium with other
multi-national corporation headquarters. Talk about issues that we can define the
agenda, but any way….
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City Commission Meeting Minutes January 28, 2015
Commissioner Lago: I’m with you. I support you on that. I think it’s a very good idea.
Mayor Cason: I have one item. A couple of residents have come to ask me about dog
parks, particularly if there are places in the City where dogs could possibly with their
owners being there, run loose. I think there is one in Coconut Grove. I think we have
some dog parks, but they are not fenced.
Commissioner Keon: [Inaudible - off mic]
Mayor Cason:…Or leashed - but I don’t know if there are any spot in the Gables that
would be possibly for a run loose with the owners there, but if you could check it out
and I can get back to the constituent.
Commissioner Keon:…there is a dog park that is fenced…there is a dog park down
by….a county park, but they have to be on leashes.
Mayor Cason: Leashes - that’s what I thought.
Commissioner Keon: We don’t have any that are like dog runs.
Mayor Cason: Maybe there is nowhere that would be suitable, we don’t necessarily
want to go fencing our parks in. You want to pick up with your issue now that the City
Attorney is here.
City Attorney Leen: I apologize. I was at a meeting, I thought it started at 1 (pm),
forgive me.
Commissioner Keon: That’s OK.
Mayor Cason: Commissioner Keon…
Commissioner Lago: Cut Frank some slack. He was at the Chamber presenting on
behalf of the City trying to draw multi-national companies into the City.
Commissioner Keon: We have another one besides the real estate one - yes - good
for you. You are a good spokesperson for our City.
Commissioner Quesada: I try to sell the City.
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City Commission Meeting Minutes January 28, 2015
Commissioner Keon: And you do a great job.
Commissioner Lago: The Mayor said 45 minutes; you said no, I’ll be here in 30
minutes.
[Laughter]
Commissioner Quesada: I was optimistic. I thought that everyone was outside, get
people in the room and….
City Attorney Leen: It was on a couple of matters, but one I just wanted to report to
you. You remember the, of course you remember the item about the houses in
MacFarlane that will be having a loan, where the City is going to be supporting
rebuilding them. Anyhow, the item is going to be coming before the Commission next
month or so and we are just working with the County Attorney and with
Commissioner Suarez. The County has to make a slight change to their ordinance and
so we are going to do ours first and then they are going to do theirs, so I was just
working that out, but I’m happy to report that we are moving on it and I know Dona
Spain has put a lot of time into that.
Commissioner Keon: Good. I wanted to talk a little bit about as a follow-up to the
ABC meeting, to our Town Hall meeting, the first meeting was last night at Carver
Elementary. I thought the turnout was reasonable, I think we had maybe 50 parents
there. I was a little surprised when Dr. Paine spoke that they are not going to propose
any boundaries for the schools. They did seem to recognize that maybe school choice
was no longer the best program for this; they recognize the problem for parents that
they don’t know until about six weeks before school starts where their child is going to
be assigned to schools. So I think they recognize that, but I was surprised that they
were not going to draw any boundary maps, and whatever the map or whatever is
presented to the ABC has to be in by February 11th, has to be in by February 11th,
which is not very far from now, so parents asked if they could just give them a map
and it wasn’t made clear who was going to make this decision or who was going to
make this proposal one way or the other. So I have a sense that since we are the ones
that went to the School System and asked on behalf of our residents to have this issue
looked at, that they possibly anticipate that we would be the ones that would propose
boundaries, which I’m a little disappointed that that would be the way it would go,
because in order to do it and do it properly you really need - you need to have their
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City Commission Meeting Minutes January 28, 2015
software available to us, you have to have their database available to us, you have to
have a whole array of information that we don’t have, that only the School System has,
and I think we have asked in our public records request for access to that information
and access to that data and we haven’t gotten a response on it, and what we are
looking for is only a couple of weeks away that we are supposed to be presenting
something, and if we don’t present it then we missed a deadline and nothing is going to
happen. And I think it was our intension to work with the School System in good faith
and I would hope to believe that was their position too, but I don’t see after last night’s
meeting unless the meeting tonight at Sunset and then the one tomorrow night that is at
Gables, unless something changes dramatically over the next few days, I don’t see how
we are going to do that, and I think we need to maybe give some thought to if this
doesn’t happen what do we do?
Mayor Cason: They said they wouldn’t - they definitely would not propose boundaries
or was it only after the first meeting…
City Attorney Leen: Just a supplement. I spoke with Dr. Paine and with the Assistant
School Board Attorney after the meeting and Abby Corbit who is our outside counsel
spoke before the meeting, they changed their position. I think it’s clear. Originally, they
had said that they would propose the boundaries; at this meeting for the first time we
learned that they want the City to propose the boundaries and they’ll help us, they
said, that they’ll help us, they’ll make their system available. I asked Abby to work in
putting together some boundaries, she is going to be coordinating with Carmen, who
has been tasked by the Manager’s office, with heading this up, and they told us that - I
haven’t had a chance to tell you that, so I’m sorry, it was late, but they will make their
system available to us to propose the lines. Now the Manager’s office and you need to
decide is that something we want to do, but I would think that if we don’t come
forward with a proposal, even if it’s rough, my feeling is that they will not proceed this
year.
Mayor Cason: But if we came and said alright, let’s start off with City boundaries?
Commissioner Keon: Well they had told us repeatedly, that’s the other issue, they have
told us repeatedly that the school districts do not respect municipal boundaries, which
is an issue for us, so they kind of set up all their parameters, but they are not moving
forward to really talk to us about how they are going to do it or what they are going to
do in proposing something, so we can look at it and have a discussion with our
community, with our residential community to say, you know how do we feel about
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City Commission Meeting Minutes January 28, 2015
this?- or talk about it at all. I still feel this is a very, very important issue for our City in
talking to the University of Miami, they had told us that in hiring staff at the university,
including professors that people that like to live in the City because they are in close
proximity to the university and university life and they get here and realize that there is a
real issue with where their children are going to go to school, and they never
anticipated when they move here, they assume most places you go to school in your
neighborhood or there may be some magnets that you could apply to, but you also
have schools in your neighborhood that you could go to, and they’ve said - it becomes
an issue, because when they hire staff and they hire professors and all of a sudden they
have a child or two children and they realize that in order to go to a higher quality
school, they can’t get into a neighborhood school, it’s a $20,000 a year check that
they were not prepared to write, and so they come back to renegotiate with the
university what their salaries are different compensation to offset the cost of having - so
they said that’s a real problem for the university. We know and the Manager can talk
to that issue with regard to the City and the economic development within the City
when corporations move here. One of the great pleasures of being here is that you can
live and work within the same city. Most people, particularly coming out of the
northeast, commuting is a huge issue, that’s maybe one of the real benefits to locating
here in the Gables is that your commuting time is so reduced when you live and work
in the same city, and I know that the Manager has - we’ve had that conversation about
the effect it has on the City and moving businesses here, and then where do they put
their children in school and then find out that in addition to all of the other costs and
whatever, have to pay tuition too, and this is not - the tuition for first grade ranges in
the Catholic schools that are subsidized $6-$7,000 a year to those private schools that
are not subsidized by a church or whatever else that are $20,000 a year for first grade,
that is a lot of money to send a child to first grade. So, I think we need to talk about
what else, what other things are we prepared to do? I feel strongly enough about this
that either I’d like to at least begin to think about if we do need to look toward a
municipal charter school in order to serve, to have enough elementary schools seats to
serve the residents of our City, in addition to the public schools that you have. One, I
don’t believe we have enough seats in the public schools that serve the boundaries that
we were looking at. There are 300 and some-odd, there is about 400 seats at Coral
Gables, there is another 300 and some-odd seats at Carver, and there is only, I think
132 seats that are - the homeschool seats at Sunset, so, we have maybe at best I don’t
even think we have 1,000 seats, and I know that we have far more children within the
boundaries that we are talking about that they gave us for that, that we actually have
seats. They don’t want to have a discussion about West Lab unless we are willing to
buy seats at West Lab.
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City Commission Meeting Minutes January 28, 2015
Vice Mayor Kerdyk: [Inaudible]
Commissioner Keon: Yes - and the ones - I don’t think we have enough elementary
school seats in our City allocated to our residential population. We have heard from
the school system that they can provide high quality schools; they don’t have to be in
your neighborhood that they go, because the magnets, they can apply to the magnets.
What we are hearing from so many parents is that with - when I was young and had
young children I stayed home, that isn’t the case anymore, it’s not. They are dual
income households that is just the way that society is going and what’s happening, and
they need schools that are parent-friendly, that are on their way to work, on their way
home from work, within their neighborhoods, and they can carpool. That’s what
works for people today and that’s the conversation we keep trying to have with the
school system and I don’t know how we are really progressing with that conversation.
Based on the meeting last night, I wasn’t as comfortable that we were moving in the
direction that I’d hoped we would move.
Mayor Cason: Was Ms. Regalado there?
Commissioner Keon: No, she wasn’t. No, she was not there. So, I mean I think that
either we need to maybe - also as we are going through this, also begin to look at the
potential for a municipal charter, an elementary school, or I would ask our attorney to
look at all of the issues around this and do we have some legal standing here that we or
a position that we might need to take in order to actually have allocated the number of
seats within a reasonable distance of our City for our children to go to school in. It’s
very strange to me. There is like a cutoff in the boundary between about Blue Road
and Alhambra over to, I mean on Alhambra over to almost to Bird Road that’s kind of
there is a bite that goes to David Fairchild, that isn’t even part of the discussion. So it’s
strange to me that it’s only just certain areas of our City that this is really problematic
for and I don’t have the feeling that there is the level of resolve to find a solution that
really works for us.
Mayor Cason: To start the conversation, if we draw a line, even if it’s the boundaries
of the City that will force them to…
Commissioner Keon: To respond.
Mayor Cason:…to come back. If they don’t respond then we know they are not
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City Commission Meeting Minutes January 28, 2015
serious.
Commissioner Keon: Right.
Mayor Cason: But we can draw it the way we want it and even if they don’t like -
because it happens to be the City’s boundaries, and then say come back. You draw a
little farther out then.
Commissioner Keon: I would like - one of the things that Craig has said is, we have an
attorney as an outside attorney also, John Berkowski, who is recognized as a national
expert on - maybe you would like to speak to him, speak to his…
City Attorney Leen: Mr. Berkowski - you know we have Abby Corbit who has
helped me in the past and she is a very good attorney. When I have an issue that I
need to send out, I use Stearns Weaver and Abby to assist with that. She is not an
education lawyer, but she is a very good one, so we’ve been using her and she’s been
very effective. But this seems to be getting into an area where maybe there needed to
be a certain level of expertise and so I reached out to an attorney in Washington D.C.,
who gave us a discounted rate, it’s still higher than normal, but he’s going to have
limited hours on this, but with the hours he is going to give her is going to be quality
ones and they are going to help us. The reason I asked him to help us is because he
was the legal advisor to the School Board in responding to the desegregation order,
and Walter Harvey is the School Board attorney who ultimately will give the School
Board an opinion as to what we are doing, trusts him and likes him. He’s also a friend
of mine, Walter Harvey, and trusts me too, and he knows what we are trying to do
here, but this is somebody that’s actually worked with the School Board, it is known
to them. He is also a leading attorney, educational area throughout the United States.
So what I was proposing to do from the legal side was one, send a request to John
and to Carmen and to Abby. Abby is already putting together a proposed map.
Obviously, there is a legal component to it, but there is a policy component as well. So
she would work with Carmen in that and we would try to get Carmen or John access
to the School Board computers, which they’ve offered yesterday to give to us. I did
want to add one thing to what you said. The School Board said at the meeting, Dr.
Paine that once we come up with these lines then they would have another meeting,
and they said that the only reason really for this meeting, the one yesterday, was to see
if the public wanted to draw lines. Happy to say that the meeting was pretty favorable
to our position, there were a couple of people that didn’t agree, but mostly everyone
agreed. So I think the School Board saw at some point they are going to have to
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City Commission Meeting Minutes January 28, 2015
suggest lines, so Dr. Paine told us that he would give us access. It is very strange
though, in my opinion that they are no longer proposing to draw the lines themselves,
which I view as their duty, according to what I read about the ABC Committee. So
that brings me to the second thing - one thing we could consider; there are two types
of causes of action, which I’m not recommending at this point, but just an answer to
the question. There is something called “mandamus” if we find that the School Board is
not complying with their legal duties, we could seek a “mandamus” and have a court
order them to do so. I have a feeling we are going to reach that stage, because I’m
sure we would work it out with the School Board. I mean ultimately, they need to do
this, it’s their legal duty and they are going to be answerable to the School Board and
the ABC Committee. The second one is, we could bring a public records lawsuit
because they’ve not adequately responded to our public records request. That may be
where we go, and ultimately they have to respond to a public records request. I was
going to send them a demand letter, if it’s OK with the Commission, asking them to
respond; and then the third thing was, we have looked at whether we have a cause of
action related to the School Board, residents do, individual residents who have
children in the school district have a - would have a cause of action probably. We
could assist them or bring it on their behalf with an agreement. In terms of bringing it on
our own, the only way I could see it is if they act arbitrary and capriciously and we can
establish standing, which we are looking at. We have agreed with the School Board in
hiring John Berkowski that he cannot assist us though in any litigation, because there
was a conflict - we had to do a conflict waiver.
Mayor Cason: Is he going to help us draw a line based on some knowledge that he has
already? How are we going to know?
City Attorney Leen: What he would do is - the lines actually - when you look at the
map there is one here, one here, and one here, but the issue is that the School Board
admitted this, let me just add a little bit. As a legal matter, they cannot consider race
alone in drawing school lines, because there is no desegregation order anymore, that
would be called reverse discrimination, its illegal, they can’t do it. What they can do
and what they do, and what they do do, and what they should do is they look at about
eight different diversity factors in drawing the school line, and what John Berkowski
has told me is, these factors include things like, they include race, ethnicity, they include
a national origin, they include whether English is as a second language, they include
children with disabilities, they include socioeconomic status, they include male and
female, you know gender, so they look at all of these together and that’s what their
software does, it shows you demographically where that is so that when you draw the
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City Commission Meeting Minutes January 28, 2015
lines you can draw in a population that will be diverse. If we just draw the lines without
their software, they’ll have a good argument probably that we haven’t considered
those things.
Mayor Cason: But would we be able with the software to draw some lines as a
starting point for discussion and then they have to come back and say, why not?
City Attorney Leen: Yes. Yes.
Mayor Cason: That’s an advantage in a sense.
City Attorney Leen: Now John has told me that even though he - he just sent me an
e-mail today, that even though he is on good terms with the school district and in fact
has been their counsel that they have not responded to him either, so - Cathy do you
have anything to say, because it’s a complicated - our staff has been top notch on this.
We have been asking them - we said this at the meeting, we would do anything they
ask us to do, I want you to know that, we’ve been very clear that we are trying - we
have a very positive purpose here, we are trying to help our residents, our staff - we
have a team and we are not getting much cooperation from the School Board, although
it’s not negative either, they are just not - they are sort of…
Mayor Cason: They don’t want to make a decision, they want to avoid problems.
Commissioner Lago: But in regards to this matter, not other matters, but in regards to
this matter I think other individuals especially the residents haven’t gotten much of an
answer from the School Board either. That’s what Sam, one of the individuals who has
mentioned before at the previous meeting, so we are not the only ones in this boat.
Commissioner Quesada: But the ultimate decision is the Board itself, which they
haven’t discussed it. Right now we are dealing with the ABC and we are dealing with
staff, the ultimate decision is the elected officials, are they not?
Commissioner Keon: Right - but the elected officials interestingly - I mean we know
that when we try to set up meeting with the School System where one of their School
Board Members wanted to be present, the meetings were cancelled by the
administration because the administration doesn’t want the elected officials at any
meetings dealing with administrative matters. So that’s not a system that we work
under, we tend to be involved and present and our Manager, which is the equivalent to
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City Commission Meeting Minutes January 28, 2015
their Superintendent, works with us to do these things. What we have found is that -
they were trying to set up the meetings and when that happened the meetings were
cancelled by the administration. So you know - I don’t really know the answer and I
wouldn’t want to speak for them. I don’t know why. I don’t know why.
Mayor Cason: Keep trying to get them to answer, we can make a record that we are
pushing and they are not answering.
Commissioner Keon: OK. But we need to then, we really need to really quickly move
forward with lines to be submitted because it has to be submitted by February 11th,
and we are going to need some assistance to do that. We are going to need access to
their software so they have to respond to their outside counsel, which they haven’t
done, so if we have to file something with regard to public records request, we need to
do that. We really need to begin to look at if this isn’t going to happen we need to look
at a municipal charter.
Commissioner Quesada: Agreed.
City Attorney Leen: I need a chance to consult with the Manager because we haven’t
had a chance to talk about this, but what I was planning to do, assuming it’s OK with
everyone, was at the very least one more time try to get - to work in a cooperative
style. I was going to put a request into the School Board Attorney, copying John,
copying Carmen, copying Dr. Paine, saying that Dr. Paine said that we could have
access would you please grant Carmen access to - and John Berkowski, access to the
computer so that they can help put together this map, and then also I was going to
remind them about the outstanding public records request, could they please respond,
it has been pending for a couple of months. So, I thought I would try one more time to
do something in a very cooperative nature, because they have not come against our
proposal either, they still seem open to it. Honestly, if they don’t respond positively
within a few days, we are going to have to face a choice because we do have the
February 11th deadline.
Commissioner Lago: Craig, I don’t expect you to have an answer to my question, but
isn’t there a standard allotted time for a response, especially when it’s a public records
request?
City Attorney Leen: A reasonable time, but a reasonable is usually, for the type of
records we request it would be a couple of weeks. At least they need to respond and
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City Commission Meeting Minutes January 28, 2015
tell us, it’s going to take a long time, how much money it will cost and how much
time…they’ve done neither of those things.
Commissioner Lago: This is a question that should be maybe posed to Walter, should
we pose to Walter or should I pose to you, what is the City’s standard?
City Attorney Leen: The Clerk is ultimately responsible for the records; my office
because a lot of public records request have a legal component, because we have to
review for exemptions, handles the request, in cooperation with the Clerk’s office and
the Manager’s office, because often staff has the record, so our response time is very
quick. If we get a public records request we try to respond to the actual request within
a couple of days. Now if we had the record immediately available we would provide it
on the spot. If there are exemptions and it’s going to be timely, we’ll give them at the
very least an estimate of the amount of money it would cost, to give them the option to
determine whether they want to limit the request; and let me tell you when we’ve
gotten complaints we respond to them immediately, because in Coral Gables if they
complain they will come immediately to the Commission and the Commission will
immediately tell me let’s get this moving, so we are into customer service.
Commissioner Keon: Do you feel you have enough direction now from the
Commission as to where you will go?
City Attorney Leen: Yes.
Commissioner Keon: Cathy? Yes?
City Manager Swanson-Rivenbark: Just wanted to reiterate. The opportunity for us to
draw lines, I think that we should take advantage of that. I think that there may be
some policy issues, for example, grandfather in children that are currently in those
schools and their siblings. I think if we create a reasonable scenario it’s going to be
better received than them forced to draw lines that we may or may not want the
answer to. The other is, I’d be really interested in throwing in West Lab as a part of
those lines for that discussion, because of only 18 percent of the students being from
Coral Gables on a 200-some waiting list…
Commissioner Lago: So I could just interject just to get the numbers right - the waiting
list is almost 500 students and the actual waiting list, which pertains to Coral Gables
residents is 275, so even if we are talking about 22 additional class or secondary class,
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City Commission Meeting Minutes January 28, 2015
pretty absorbent cost to the City, we are not even coming to, let’s say we are meeting
maybe 10 percent of the demand.
City Manager Swanson-Rivenbark: Excellent point - thank you for clarifying the
numbers, but even if one of the objectives was moving that 18 percent to 40 percent,
that’s a major accomplishment, and so if we put that together with it, the Chair
Diversity, you have always spoken about wanting a diversity in the school population.
We’ve never done it before, but let us work on a reasonable scenario that you all and
your community can consider.
Commissioner Keon: I also think included in those boundaries, I think the boundary
that we are talking about goes along Eighth Street all the way over to Douglas, doesn’t
it?- so it takes in Little Gables and everything else, which is not specifically ours, its
unincorporated Dade, but it does - it certainly allows for diversity in income throughout
our City and we are also capturing MacFarlane and Golden Gate, which provides for
racial diversity within our City too, so these will likely be diverse. That continues to be
an issue, but if you look at Palmetto Elementary and Palmetto Middle, and Palmetto
Senior High, which are - because geographically where they sit it’s a pretty
homogenous group of people just by - and although they tell us, they are not
concerned with neighborhoods, because its countywide, you can see just because of
just for geographic reasons schools are neighborhoods, and if we are looking for
additional seats where are we going to go? We can’t be expected to jump across two
cities or something to find a school that’s under-enrolled that we will take our children
to. I think that the school system does not recognize municipal lines in drawing
boundaries, they don’t, but they still would hope that they would look at compact
areas, whether there are municipal lines or not, and I’ve said no more than in voting
districts that’s what you look for. I would think that you would look for there could be
similarities in how you draw communities of interests to attend schools too.
Mayor Cason: I think there is a definite advantage for us to draw the line the way we
would like it to be based on access of the database and experts and draw it in and let
them come back and say, why not?
Commissioner Keon: OK. So we would like by the 28th, so we really only have just
less than two weeks, so we would like to have them drawn and come back for us to
take a look at them, either at a Sunshine Meeting or some sort of a meeting that we
can look at those lines before we submit them.
City of Coral Gables Page 23
City Commission Meeting Minutes January 28, 2015
City Manager Swanson-Rivenbark: We have the emails and the addresses of those
that had attended the meetings too, we can give you all and look at it and circulate it,
but your people made it really clear that all of the schools are good schools, they
needed access and predictability.
Commissioner Keon: Yes.
City Manager Swanson-Rivenbark: And so in drawing those lines as a draft at least we
can work towards that.
Commissioner Keon: Yes. My real concern is when you look at Sunset, they’ve
chosen to grow the magnet at Sunset because it is so popular, there are 1,100 kids at
Sunset Elementary, there are 132 of those are seats for the neighborhood, you know,
so how do we put all those kids?- but once we draw lines they have to accommodate
where those kids are going to go to school. I guess you deal with it. I don’t know, but
that will be up to them to respond.
Commissioner Quesada: I had a resident ask me a unique question, just want to float it
out there, see if it’s even a possibility. Can a subset of Coral Gables, can a certain
neighbo
City Clerk Item No. 30
RESOLUTION NO. 2015-14
Non 15-3802 A Resolution appoitning Dorothy Norton (nominated by Commissioner Keon) to serve as
Agenda a member of the City of Coral Gables Health Facilities Authority. for the remainder of a
four (4) year term, which began on June 1, 2013 and continues through May 31, 2017.
A RESOLUTION APPOINTING DOROTHY NORTON (NOMINATED BY
COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE CITY OF CORAL
GABLES HEALTH FACILITIES AUTHORITY, FOR THE REMAINDER OF A
FOUR (4) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013 AND CONTINUES
THROUGH MAY 31, 2017.
A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr.,
that this matter be adopted by Resolution Number 2015-14. The motion passed by
the following vote.
Yeas : 5- Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr.,
Commissioner Lago and Mayor Cason
City Clerk Item No. 23
City of Coral Gables Page 24
City Commission Meeting Minutes January 28, 2015
RESOLUTION NO. 2015-15
Non 15-3803 A Resolution appointing Joyce Stevens to the Emergency Management Division
Agenda (nominated by Commissioner Keon), for the remainder of a two year term, which began
on June 1, 2013 and continues through May 31, 2015; further extending the appointment
period from June 1, 2015 through May 31, 2017 to coincide with the remainder of the
appointing Commissioner's term in office.
A RESOLUTION APPOINTING JOYCE STEVENS TO THE EMERGENCY
MANAGEMENT DIVISION (NOMINATED BY COMMISSIONER KEON), FOR
THE REMAINDER OF A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1,
2013 AND CONTINUES THROUGH MAY 31, 2015; FURTHER EXTENDING
THE APPOINTMENT PERIOD FROM JUNE 1, 2015 THROUGH MAY 31, 2017
TO COINCIDE WITH THE REMAINDER OF THE APPOINTING
COMMISSIONER’S TERM IN OFFICE.
A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr.,
that this matter be adopted by Resolution Number 2015-15. The motion passed by
the following vote.
Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago,
Commissioner Quesada and Mayor Cason
City Clerk Item No. 24
RESOLUTION NO. 2015-16
Non 15-3804 A Resolution appointing and approving a four-fifths waiver for Melinda Colson to the
Agenda Emergency Management Division (nominated by Commissioner Keon) for the remainder a
two year term, which began on June 1, 2013 and continues through May 31, 2015; further
extending the appointment period from June 1, 2015 through May 31, 2017 to coincide
with the remainder of the appointing Commissioner's term in office.
A RESOLUTION APPOINTING AND APPROVING A FOUR-FIFTHS (4/5THS)
WAIVER FOR MELINDA COLSON TO THE EMERGENCY MANAGEMENT
DIVISION (NOMINATED BY COMMISSIONER KEON), FOR THE REMAINDER
OF A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013 AND
CONTINUES THROUGH MAY 31, 2015; FURTHER EXTENDING THE
APPOINTMENT PERIOD FROM JUNE 1, 2015 THROUGH MAY 31, 2017 TO
COINCIDE WITH THE REMAINDER OF THE APPOINTING COMMISSIONER’S
TERM IN OFFICE.
A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr.,
that this matter be adopted by Resolution Number 2015-16. The motion passed by
the following vote.
Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada,
Commissioner Keon and Mayor Cason
City Clerk Item No. 25
City of Coral Gables Page 25
City Commission Meeting Minutes January 28, 2015
RESOLUTION NO. 2015-17
Non 15-3805 A Resolution appointing Bonita (Nita) Norman to the Library Advisory Board (nominated
Agenda by Commissioner Keon), for the remainder of a two year term, which began on June 1,
2013 and continues through May 31, 2015; further extending the appointment period from
June 1, 2015 through May 31, 2017, to coincide with the remainder of the appointing
Commissioner's term in office.
A RESOLUTION APPOINTING BONITA (NITA) NORMAN TO THE LIBRARY
ADVISORY BOARD (NOMINATED BY COMMISSIONER KEON), FOR THE
REMAINDER OF A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013
AND CONTINUES THROUGH MAY 31, 2015; FURTHER EXTENDING THE
APPOINTMENT PERIOD FROM JUNE 1, 2015 THROUGH MAY 31, 2017, TO
COINCIDE WITH THE REMAINDER OF THE APPOINTING COMMISSIONER’S
TERM IN OFFICE.
A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr.,
that this matter be adopted by Resolution Number 2015-17. The motion passed by
the following vote.
Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice
Mayor Kerdyk, Jr. and Mayor Cason
City Clerk Item No. 26
City of Coral Gables Page 26
City Commission Meeting Minutes January 28, 2015
L. EXECUTIVE SESSION
l.-1. 15-3648 Attorney-Client executive session, closed to the public pursuant to section 286.011(8) of
the Florida Statutes, for purposes of discussing settlement negotiations and strategy
relating to litigation expenditures in the matter pending in the Eleventh Judicial Circuit
entitled Alhambra Center International, LTD v. City of Coral Gables, Case No. 14-347-AP
(Fla. 11th Jud. Cir., Appellate Div.). This session may be attended by the following
individuals: Mayor Jim Cason, Commissioner Patricia Keon, Vice Mayor William H.
Kerdyk, Commissioner Vince Lago, Commissioner Frank C. Quesada, City Manager
Cathy Swanson-Rivenbark, City Attorney Craig Leen, Deputy City Attorney Bridgette
Thornton, Assistant City Attorney Yaneris Figueroa, Special Counsel Heather Encinosa,
and Special Counsel Jolinda Herring. A certified Court Reporter will be present to ensure
that the session is fully transcribed, and the transcripts will be made available to the
public upon the conclusion of the above-stated litigation. At the conclusion of the
Attorney-Client session, the City Commission meeting will be reopened and the person
chairing the Commission meeting will announce the termination of the Attorney -Client
session.
ADJOURNMENT
[Note for the Record: There being no further business on the Regular City
Commission Meeting Agenda. The Commission of the City of Coral Gables adjourned
its meeting at 1:58 pm on January 28, 2015. The next regular meeting of the City
Commission has been scheduled for February 10, 2015, beginning 9 a.m.]
JIM CASON
MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
City of Coral Gables Page 27
Agenda
City of Coral Gables
405 Biltmore Way
Coral Gables, FL 33134
www.coralgables.com
Agenda
Wednesday, January 28, 2015
9:00 AM
City Hall, Commission Chambers
City Commission
Mayor Jim Cason
Vice Mayor William H. Kerdyk, Jr.
Commissioner Patricia Keon
Commissioner Vince Lago
Commissioner Frank C. Quesada
Cathy Swanson-Rivenbark, City Manager
Craig E. Leen, City Attorney
Walter J. Foeman, City Clerk
City Commission Agenda January 28, 2015
INVOCATION
Rev. Jose E. Hernandez
Doctor of Ministries, Miami-Dade County
PLEDGE OF ALLEGIANCE
A. PRESENTATIONS AND PROCLAMATIONS
None
B. APPROVAL OF MINUTES
B.-1. 15-3654 Regular City Commission Meeting of November 18, 2014.
C. CONSENT AGENDA
All items listed within this section entitled "Consent Agenda" are considered to be
self-explanatory and are not expected to require additional review or discussion, unless
a member of the City Commission or a citizen so requests, in which case, the item will
be removed from the Consent Agenda and considered along with the regular order of
business. Hearing no objections to the items listed under the "Consent Agenda", a vote
on the adoption of the Consent Agenda will be taken.
C.-1. 15-3635 A Resolution authorizing entering into a second amendment to amended and restated
agreement with Actors’ Playhouse Productions, Inc., with regard to city-owned property
located at 280 Miracle Mile, Coral Gables, Florida.
C.-2. 15-3636 A Resolution appointing David Smith (Nominated By Mayor Cason) to serve as a
member of the Emergency Management Division, for the remainder of a two (2) year
term, which began on June 1, 2013 and continues through May 31, 2015.
C.-3. 15-3639 A Resolution authorizing Coral Gables Museum to sell alcoholic beverages from 7:00
p.m. to 10:00 p.m., at the Coral Gables Museum Plaza located at 285 Aragon Avenue
on Thursday, February 26, 2015, during the 3rd Annual "ARTOPIA" event, subject to
Florida Department of Professional Regulation requirements.
C.-4. 15-3640 A Resolution authorizing Saint George Antiochian Orthodox Cathedral to sell alcoholic
beverages as part of the "Annual Cathedral Festival" on 320 Palermo Avenue on
Saturday, February 14, 2015 from 11:00 a.m. to 12:00 a.m. and on Sunday, February
15, 2015 from 12:00 p.m. to 8:00 p.m., subject to Florida Department of Professional
Regulation requirements.
City of Coral Gables Page 2 Printed on 1/23/2015
City Commission Agenda January 28, 2015
Presentation of Boards and/or Committees minutes requesting no action from the
City Commission:
a. 15-3627 Landscape Beautification Advisory Board Meeting of November 6, 2014
b. 15-3628 Landscape Beautification Advisory Board Meeting of December 4, 2014
c. 15-3631 Economic Development Board Meeting of December 3, 2014
d. 15-3637 Library Advisory Board Meeting of December 10, 2014
e. 15-3642 Traffic Advisory Board Meeting of November 18, 2014
f. 15-3644 Coral Gables Merrick House Governing Board Meeting of December 8, 2014
g. 15-3645 Historic Preservation Board Meeting of December 11, 2014
D. PERSONAL APPEARANCES
None
E. PUBLIC HEARINGS
All Individuals desiring to give testimony shall be sworn in.
Anyone who wishes to address the City Commission on an item to be considered for
public hearing must fill out a Speaker Card and turn it in to the City Clerk. Speaker
Cards can be obtained on the credenza located outside the Office of the Mayor, during
the day of the City Commission Meeting.
ORDINANCES ON FIRST READING
E.-1. 15-3634 An Ordinance amending Chapter 50 of the “Code of the City of Coral Gables,” entitled
“Pensions,” amending Section 50-230, Normal Retirement Income; and providing for
repealer, codification, and effective date. (This Ordinance does not modify pension
benefits. It only serves to clarify the existing language to make it consistent with Florida
Statutes, City Attorney interpretation, and current practices).
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City Commission Agenda January 28, 2015
F. CITY COMMISSION ITEMS
F.-1. 15-3651 Discussion regarding Biltmore golf membership fees.
Commissioner Pat Keon
F.-2. 15-3653 Update on the crosswalk from Riviera Drive to Ingraham Park, as well as the pedestrian
crossings around Cartagena Circle, with added focus on the location of bus stops.
Commissioner Pat Keon
F.-3. 15-3655 Discussion regarding traffic flow in Downtown Coral Gables.
Vice Mayor Kerdyk
G. BOARDS/COMMITTEES ITEMS
None
H. CITY MANAGER ITEMS
H.-1. 15-3632 A Resolution accepting the recommendation of the Chief Procurement Officer for the
purchase and installation of a P-25 Phase II Linear Simulcast Trunked Digital Radio
System from Communications International (CI) under its contract with Hillsborough
County Sherriff’s Office, pursuant to Section 2-978, Use Of Other Governmental Unit
Contracts ("piggyback") of the Procurement Code.
Time Certain: 11 o'clock
H.-2. 15-3643 Update on police initiatives.
I. CITY ATTORNEY ITEMS
None
J. CITY CLERK ITEMS
None
K. DISCUSSION ITEMS
This time is for informal discussion among the City Commissioners, the City Manager
and the City Attorney
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City Commission Agenda January 28, 2015
L. EXECUTIVE SESSION
l.-1. 15-3648 Attorney-Client executive session, closed to the public pursuant to section 286.011(8) of
the Florida Statutes, for purposes of discussing settlement negotiations and strategy
relating to litigation expenditures in the matter pending in the Eleventh Judicial Circuit
entitled Alhambra Center International, LTD v. City of Coral Gables, Case No .
14-347-AP (Fla. 11th Jud. Cir., Appellate Div.). This session may be attended by the
following individuals: Mayor Jim Cason, Commissioner Patricia Keon, Vice Mayor
William H. Kerdyk, Commissioner Vince Lago, Commissioner Frank C. Quesada, City
Manager Cathy Swanson-Rivenbark, City Attorney Craig Leen, Deputy City Attorney
Bridgette Thornton, Assistant City Attorney Yaneris Figueroa, Special Counsel Heather
Encinosa, and Special Counsel Jolinda Herring. A certified Court Reporter will be
present to ensure that the session is fully transcribed, and the transcripts will be made
available to the public upon the conclusion of the above -stated litigation. At the
conclusion of the Attorney-Client session, the City Commission meeting will be
reopened and the person chairing the Commission meeting will announce the
termination of the Attorney-Client session.
ADJOURNMENT
NOTE
Any person who acts as a lobbyist pursuant to the City of Coral Gables Ordinance No.
2006-11, must register with the City Clerk, prior to engaging in lobbying activities before
city staff, boards, committees and/or the City Commission. A copy of the Ordinance is
available in the Office of the City Clerk, City Hall.
Any person, or persons, wishing to appeal any decision made by the City Commission
with respect to any matter considered at this meeting or hearing, will require a verbatim
record of the proceeding upon which the appeal is based. Interested persons should,
therefore, take the necessary steps to ensure that a verbatim record of the proceedings
is made which contains the testimony and evidence upon which the appeal is based.
Any person making impertinent or slanderous remarks or who become boisterous while
addressing the Commission, shall be barred from further audience before the
Commission by the Chair, unless permission to continue or again address the
Commission is granted by the majority vote of the Commission Members present.
Clapping, applauding, heckling or verbal outbursts or any remarks in support or
opposition to a speaker shall be prohibited. Signs or placards shall not be permitted in
Commission Chambers.
Any person requiring special accommodations for participation in the meeting should
contact Glenn Kephart, Public Works Director, at 305-460-5001, with requests for
auxiliary aids or services at least one business day before the meeting.
Walter J. Foeman
City Clerk
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