City Commission

City of Coral Gables 405 Biltmore Way Coral Gables, FL 33134 www.coralgables.com Meeting Minutes Tuesday, May 3, 2016 9:00 AM City Hall, Commission Chambers City Commission Mayor Jim Cason Vice Mayor Frank C. Quesada Commissioner Patricia Keon Commissioner Vince Lago Commissioner Jeannett Slesnick Cathy Swanson-Rivenbark, City Manager Craig E. Leen, City Attorney Walter J. Foeman, City Clerk City Commission Meeting Minutes May 3, 2016 ROLL CALL Present: 5 - Mayor Cason, Commissioner Keon, Commissioner Lago, Commissioner Quesada and Commissioner Slesnick INVOCATION Reverend Vidalis T. Lopez, Associate Pastor at First United Methodist Church of Coral Gables gave the Invocation. PLEDGE OF ALLEGIANCE Commissioner Vince Lago 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. 2016-118); (b) Video; (c) Audio Recording; (d) Minutes Folder with Agenda and background information, including items which were submitted at the meeting. A. PRESENTATIONS AND PROTOCOL DOCUMENTS A.-1. 16-5029 Presentation of a Proclamation declaring May 2016 as "ALS Month in Coral Gables." [Note for the Record: Following Mayor Cason’s reading of the title to Agenda Item A-1, he read the proclamation declaring the month of May, 2016 as “ALS Month in Coral Gables.” Commissioner Lago thanked the viewing public for their presence on this occasion, adding that when he found out that there was a proclamation on the agenda declaring the month of May as "ALS Awareness Month," he asked the City Manager and the City Commission if they would indulge him in recognizing a , namely Mr. Perez, who not only lives in the City of Coral Gables, but also partakes in many City events, and is a member of this community; said gentleman whom I am inviting up lost his father from ALS, and he has a simple blurb, which I will let him speak more about it; his family founded the ALS Research Foundation in 1996; his father was stricken with ALS in 1990; and since thereafter several events were established for the sole purpose of raising funds for research and raising public awareness to the ALS Research fight; further stating that in Calendar Year 2001, Mr. Perez’ father passed away from this terribly horrible disease; following his passing, they branded the foundation to the ALS Recovery Fund, and have donated over $3.5 million dollars to the University of Miami School of Medicine and established a Walter J. Bradley City of Coral Gables Page 1 City Commission Meeting Minutes May 3, 2016 Endowment Chair for ALS Research; further pointing out that these guys have been involved with ALS for over 25 years; they have made an incredible impact regarding the research and awareness of this terrible disease, which as of yet has no cure; further noting that this organization hosts two (2) events per year; the first happened this past week in Coconut Grove, and there was a golf tournament, which was the 20th Anniversary of the Golf Tournament (April 15th and 16th, 2016). Mr. Perez further explained to the viewing public, that his father was diagnosed with Lou Gehrig disease at age 37, in 1991. Lou Gehrig disease is a disease wherein the life span of a patient is -usually three (3) to five (5) years; further noting that his father found himself in year 3, in a fairly healthy situation; therefore, he wanted to give back, and in conjunction with Dr. Bradley his family decided to do a small golf tournament in 1997; further acknowledging that in the first year, his organization raised $6,000; then it snowballed until some 20 years hence, adding that they have raised over $20 million dollars for the University of Miami-adding that any person interested in joining can sign up at www.alsrecovery.org; further saying that any corporation, sponsor or any sponsor can contact the website and the phone number are there, including Mr. Perez’ phone number, and anyone who is interested can get involved; Mr. Perez thanked everyone for making this available. Commissioner Lago thanked Mr. Perez for being here on short notice; stating that this a clear example of people who live in Coral Gables and were committed to philantrophy; said individuals who do not get enough publicity and do this out of the kindness of their heart, especially after such a tragic loss of a father; further commending him for his commitment to the ALS fight, but also in representing the City of Coral Gables]. This Presentation/Protocol Document was Presented and Filed City Clerk Item No. 1 City of Coral Gables Page 2 City Commission Meeting Minutes May 3, 2016 A.-2. 16-5022 Presentation of a Proclamation declaring May 2016 as "National Water Safety Month in Coral Gables." [Note for the Record: Following Mayor Cason’s reading of the title to Agenda Item A-2, he proceeded to read the proclamation declaring the month of May 2016, as “National Water Safety Month “ in Coral Gables. Commissioner Keon invited Carolina Vester, Director of the Venetian Pool, to join her on the dais in receiving the proclamation, along with the Parks and Recreation Director. Ms. Vester explained that the Venetian Pool is regarded as an open-water venue, because of the caves and the way the pool is structured, it is also an open water entity, which even requires a higher level of safety and a greater level of inspection and all to win the award it does; further pointing out that the staff is exemplary in their duties with the pool, and that Carolina is exemplary in her administration of that pool. In accepting this accolade, Carolina stated that before she starts to speak, if staff would join her on the dais, since there are a couple of major events that take place in connection with drowning; although she says that many people say that one cannot prevent drowning, she disputes saying that yes, we can. First, is through education./ So, if from the Venetian Aquatic Club and Patrick Beason from the Red Cros scan come up and join them on the dais, it would be appreciated; further noting that the Venetian Aquatic Club plays an essential role in teaching swimming lessons, not just to kids, but to adults, and believe it or not , more and more of our rescue from Venetian Pool are adults, who realize they are good swimmers, and find themselves under water, or find themselves in deep waters, and our lifeguards have to jump in after them. Therefore, the Venetian Aquatic Club teaches year round children swimming in the summer, and adult swimming lessons year round. For the lifeguard staff again, they are the ones preventing drowning; Carolina says that through her staff, they make sure that through proactive measures, that they strive to catch a drowning before it happens, and with 94 successful rescues this year and over 96,000 swimmers this year, she can honestly attest that the Venetian Pool lifeguards have prevented drownings and we have had less than 1 percent of resources, therefore certain preventive resources, preventive maintenance, preventive lifeguarding does work; further introducing Frank Beason, as Venetian Pool’s official representative from the Red Cross, who instills with staff a lot of information and material that we can bring out to the public; further pointing out that the heroes and the lifeguard staff, who can hold up the proclamation, and Ellison’s and Associates, who is a risk provider for lifeguarding-they are an international company, they handle all of the facilities in Orlando, they do those facilities in Dubai, and basically provide the City with unannounced auditors-ususally, a representative from Ellison and Associates will City of Coral Gables Page 3 City Commission Meeting Minutes May 3, 2016 come into our facility and not disclose who they are, and pay for admissions; they will seat themselves somewhere inside; they have a camera on-hand and film the supervisory staff and announce themselves with a badge and say OK, we have here and we will test your lifeguards-they test us for our skills, for emergency action plan, they go through all of our administrative records, all unannounced, four times a year, and the City of Coral Gables has held the highest record in the last three years in achieving the platinum award, and that is the highest award that they give out internationally, said Carolina. Commissioner Keon congratulated Carolina and her staff and for the public, adding that they want the public to know that this a safe place to come out and to swim, and to enjoy one’s children, etc. City Manager Swanson-Rivenbark stated that she wanted to choose this time because it is before Carolina and her peers, adding that every time she talks to the lifeguards, they inform her they are empowered and inspired, and that they enjoy their jobs; the City Manager further clarified that the City Commission as a collegial body have made it very important that recreation is a major quality of life experience, but it also needs to be safe and fun; further stating that since she has looked back at different things that Venetian Pool has done, and that Carolina has done, and if the lifeguards are tired, it is because they were the provider of service for the Sunday night party at the bottom of the pool, and that the safety issues that came forward last year to make sure that all of the campers have a rigorous sense of protocol, because of that responsibility-the role that Carolina has played on the Morale Committee, being such a strong advocate for the part-time employees, to make sure that we legitimize their role in the City, that she as City Manager has decided to present Carolina with a special Certificate of Appreciation, and an announcement of her promotion to Assistant Director for Parks and Recreation]. This Presentation/Protocol Document was Presented and Filed City Clerk Item No. 2 City of Coral Gables Page 4 City Commission Meeting Minutes May 3, 2016 A.-3. 16-5021 Presentation of a Proclamation declaring May 16, 2016 as "Police Officer Memorial Day in Coral Gables." [Note for the Record: Following Mayor Cason’s reading of the title to Agenda Item A-3, he thereby read a proclamation into the public record declaring May 15, 2016 as “Police Memorial Day in Coral Gables.” Vice Mayor Quesada prefaced his remarks by stating that we are fortunate to live in a safe city and that is because of the amazing Police Department, but it is easy to forget those whom have lost their lives while serving in the line of duty; our City has been very fortunate says the Vice Mayor Quesada; it has been decades since this has happened; one cannot forget the risk that service personnel take every day while working on the job, they do not know if they are responding to a domestic violence call that could go wrong, or a situation that could turn on an instant; therefore, we are fortunate that we have a great Police Department, one of the best, if not the best in the country; further adding that one cannot forget the dangerous risk while doing the job, and what a great job they do in keeping us safe, and in keeping each other safe, and in keeping others safe. Chief Hudak thanked the Coral Gables City Commission, on behalf of all of the men and women serving in the Police Department, those whom have retired, along with the officers that we have lost, that our City does appreciate the support, from not only the City Commission, but our entire community, and in today’s day and age , we get a lot of black lives, blue lives, simply all lives matter, adding that he believes that this has been the cornerstone of the Police Department, for the many years that he has served ; there is no doubt that to our City’s officers, that blue lives matter to this City Commission, and to our community for all of the officers that serve in recognition of this week, as our City recognize the family members of everybody else that served; in this capacity as a police officer, those who have been injured and had to serve, as well as those who have paid the ultimate sacrifice; so on behalf of a very grateful Police Department, he as police chief appreciates every one’s recognition at this time, this year. Chief Hudak further reminded the viewing public that this Thursday, the official Coral Gables Police Memorial Service will be held, beginning 4 p.m.; realizing that some City officials have been called away, that this is just a reminder that this is the most important ceremony that the Police Department does to honor the family and friends of those fallen officers, and that there will be family members in attendance, and that the City is to receive a donation from a surviving family to help keep one of their four legged partners safe, in the unlikely never ending chain of violence; further welcoming everyone in the community out for this event-from the members of the Commission to what the police department believes is not only their call to duty, but one of the most momentous things that police officers do, to remember those fallen City of Coral Gables Page 5 City Commission Meeting Minutes May 3, 2016 officers and their families]. This Presentation/Protocol Document was Presented and Filed City Clerk Item No. 3 A.-4. 16-5024 Congratulations to Firefighter Carlos Martinez, recipient of the City of Coral Gables “Firefighter of the Month Award,” for the month of May, 2016. Attachments: Cover Memo, FF of Month, May Notification Letter, FF of the Month, May [Note for the Record: Following Mayor Cason’s reading of the title to Agenda Item A-4 (“Congratulations to Firefighter Carlos Martinez, recipient of the City of Coral Gables “Firefighter of the Month Award”, for the month of May, 2016). Mayor Cason deferred to City Manager Cathy Swanson-Rivenbark, who called upon Assistant Fire Chief De la Rosa to present the item; whereby Assistant Fire Chief De la Rosa stated that it gives him great pleasure to introduce Dan Thornhill, who would introduce the Firefighter of the Month. Firefighter Dan Thornhill prefaced his comments by stating that he was very honored to stand before the City Commission in recognition of Firefighter Martinez, who has been with the department for a short time , but within that time period, he has impressed him, and that he is not one who is easily impressed with young firefighters, and that this is a name whom you will hear about for years to come; further reading into the record what they did, then turning it over to Firefighter Martinez; pointing out that Firefighter Martinez continues to exceed expectations, without any prompting, he has done several collages for the Fire Station No. 2, he has redone several pieces of equipment, helped to remodel the gym at Fire Station No. 2, just completed a flag that hangs inside the lobby at Fire Station No. 1 made out of retread firehose; he is also in the process of restoring an old out of service pike pole; he also serves as the fire station’s cooking manager, and that he cannot think of anyone more deserving of the Employee of the Month recognition. In accepting this accolade Firefighter Martinez stated that he is not much of a public speaker; further thanking everyone for this recognition, along with thanking his co-workers whom he works with every day. Firefighter Dan Thornhill added that Firefighter Martinez’ service goes beyond our community; he is also a veteran]. This Presentation/Protocol Document was Presented and Filed City Clerk Item No. 4 City of Coral Gables Page 6 City Commission Meeting Minutes May 3, 2016 B. APPROVAL OF MINUTES B.-1. 16-5031 Regular City Commission Meeting of March 29, 2016. Attachments: Verbatim Transcript - Agenda Item D-2 - Legislative Report by Fausto Gomez of Gomez Barker A Verbatim Transcript - Agenda Item E-1 - Ordinance requiring permitees-owners to post No Trespa Verbatim Transcript - Agenda Item E-2 - Ordinance providing for text amendments to CCG Officia Verbatim Transcript - Agenda Item E-6 - Ordinance providing for text amendments to the CCG Of Verbatim Transcript - Agenda Item E-7 - Ordinance providing for text amendments to CCG Officia Verbatim Transcript - Agenda Item I-1 - Litigation Report Verbatim Transcript - Agenda Item I-2 - Presentation of Final Restated Charter and Setting of Cha Verbatim Transcript - Agenda Item I-3 - Status update as to prosecution of court actions related to Verbatim Transcript - Agenda Item I-4 - Status report on Justice Advocate Program Verbatim Transcript - Agenda Items E-5 and F-1 are related - Ordinance prohibiting buttons and o Verbatim Transcript - Agenda Item D-1 - Presentation by Andrea Hanley Vice President of Develo Meeting Minutes A motion was made by Commissioner Lago, seconded by Vice Mayor Quesada, that this matter be approved. The motion passed by the following vote. Yeas : 5- Commissioner Keon, Commissioner Lago, Commissioner Quesada, Commissioner Slesnick and Mayor Cason City Clerk Item No. 5 City of Coral Gables Page 7 City Commission Meeting Minutes May 3, 2016 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. 1. Presentation of Boards and/or Committees minutes requesting no action from the City Commission: Passed the Consent Agenda A motion was made by Commissioner Lago, seconded by Vice Mayor Quesada, to Adopt the Consent Agenda. The motion carried by the following vote: Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Slesnick, Commissioner Keon and Mayor Cason 1.-1. 16-5026 Communications Committee Meeting of April 21, 2016. Attachments: Agendaitemmay2016 Minutes April 2016 This Matter was approved on the Consent Agenda. City Clerk Item No. 6 1.-2. 16-5030 Construction Regulation Board Meeting of April 11, 2016. Attachments: Member Attendance 2016 - APRIL - Construction Regulation Board April 11, 2016 - Construction Regulation Board This Matter was approved on the Consent Agenda. City Clerk Item No. 7 1.-3. 16-5017 Coral Gables Merrick House Governing Board Meeting of February 8, 2016. Attachments: Merrick House Minutes February 8 2016 02.08.16MinutesforCC05.03.16 This Matter was approved on the Consent Agenda. City Clerk Item No. 8 City of Coral Gables Page 8 City Commission Meeting Minutes May 3, 2016 1.-4. 16-5019 Historic Preservation Board Meeting of March 17, 2016. Attachments: HPB.03.17.16MinutesforCC05.03.16 HPB - March 17 2016 Minutes This Matter was approved on the Consent Agenda. City Clerk Item No. 9 1.-5. 16-4894 International Affairs Coordinating Council Meeting of February 16, 2016. Attachments: cover letter IACC 02-16-16 IACC-Minutes of Feb 16 2016 This Matter was approved on the Consent Agenda. City Clerk Item No. 10 1.-6. 16-5016 International Affairs Coordinating Council Meeting of March 15, 2016 Attachments: IACC-Minutes of March 15 2016 cover letter 3-15-16 This Matter was approved on the Consent Agenda. City Clerk Item No. 11 1.-7. 16-5028 Parking Advisory Board Meeting of February 25, 2016. Attachments: PAB MINUTES 02252016 PAB Minutes 02252016 This Matter was approved on the Consent Agenda. City Clerk Item No. 12 1.-8. 16-5018 Pinewood Cemetery Advisory Board Meeting of February 22, 2016. Attachments: 02.22.16MinutesCCMtg05.03.16 Pinewood -February 22 2016 Minutes-Signed This Matter was approved on the Consent Agenda. City Clerk Item No. 13 City of Coral Gables Page 9 City Commission Meeting Minutes May 3, 2016 RESOLUTION NO. 2016-118 Non 16-5168 A Resolution of the City Commission appointing Luis Arevalo (Nominated by Mayor Agenda Cason) to serve as a member of the Construction Regulation Board for a two (2) year term, which began on June 1, 2015 and continues through May 31, 2017. Attachments: Signed Resolution 2016-118 A RESOLUTION OF THE CITY COMMISSION APPOINTING LUIS AREVALO (NOMINATED BY MAYOR CASON) TO SERVE AS A MEMBER OF THE CONSTRUCTION REGULATION BOARD FOR A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1, 2015 AND CONTINUES THROUGH MAY 31, 2017. A motion was made by Commissioner Slesnick, seconded by Vice Mayor Quesada, that this matter be adopted by Resolution Number 2016-118. The motion passed by the following vote. Yeas : 5- Commissioner Quesada, Commissioner Slesnick, Commissioner Keon, Commissioner Lago and Mayor Cason City Clerk Item No. 14 D. PERSONAL APPEARANCES None City Clerk Item No. 15 E. PUBLIC HEARINGS ORDINANCE ON FIRST READING E.-1. 16-5037 An Ordinance of the City Commission of Coral Gables, Florida, creating Article IV, “Cost Recovery for Failure of responsible party to appear on behalf of business,” of Chapter 26, “Emergency Services,” City of Coral Gables Code; providing for enforcement; repealer provision, severability clause, and providing for an effective date. Attachments: 2016 - Draft Ordinance - Emergency Services Cover Memo - Emergency Services A motion was made by Commissioner Keon, seconded by Vice Mayor Quesada, that this matter be approved as an Ordinance on First Reading. The motion passed by the following vote. Yeas : 5- Commissioner Slesnick, Commissioner Keon, Commissioner Lago, Commissioner Quesada and Mayor Cason City Clerk Item No. 16 City of Coral Gables Page 10 City Commission Meeting Minutes May 3, 2016 F. CITY COMMISSION ITEMS None City Clerk Item No. 18 G. BOARDS/COMMITTEES ITEMS None City Clerk Item No. 19 H. CITY MANAGER ITEMS H.-1. 16-5042 Update on Public Safety Initiatives. Attachments: Public Safety Initiatives Presentation 5.3.16 [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]. This Agenda Item was Discussed and Filed City Clerk Item No. 20 I. CITY ATTORNEY ITEMS RESOLUTION NO. 2016-136 I.-1. 16-5038 Request for guidance from the Commission regarding the exercise of the City ’s consent rights relating to the proposed cinema by Landmark Theaters at Merrick Park. Attachments: Landmark Theater Verbatim Transcripts - CCMtg May 24 2016 - Agenda Item I-1 - Request for guidance from the Co This Recommendation was Discussed City Clerk Item No. 17 J. CITY CLERK ITEMS None City Clerk Item No. 21 City of Coral Gables Page 11 City Commission Meeting Minutes May 3, 2016 K. DISCUSSION ITEMS City Clerk Item No. 23 L. EXECUTIVE SESSION L.1 16-5039 Attorney-Client executive session, closed to the public, for purposes of discussing the litigation styled Miami-Dade County et al. v. In re Florida Power & Light Co., etc., et al., Case Nos. 3D14-1467, 3D14-1466, 3D14-1465, 3D14-1451, OGC Case No. 09-3107, DOAH Case No. 09-3575. This Agenda Item was Discussed and Filed City Clerk Item No. 22 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 1:15 p.m. The next regular meeting of the City Commission has been scheduled for May 26, 2016, beginning 9 a.m.] JIM CASON MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK City of Coral Gables Page 12