LTC 020-2020 Motions from the Police Citizen Relations Committee December 17, 2019 MeetingMIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 020-2020 LETTER TO COMMISSION
TO:
FROM:
Mayor Dan Gelber and Members_o...,f -e-City CÍmmission
Jimmy L. Morales, City Manager , ~
DA TE: January 9, 2020
SUBJECT: Motions from the Police Citize
December 17, 2019 Meeting
The purpose of this Letter to the Commission (L TC) is to inform the Mayor and the
Commission of three motions made by the Police Citizen Relations Committee at their
December 17, 2019 meeting.
Motion #1 - Motion was made by Julian Linares and seconded by Pamela Brummer to
support item R5J from the December 11 City Commission: "ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED "ALCOHOLIC BEVERAGES," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BY AMENDING SECTION 6-3 THEREOF, ENTITLED "HOURS OF
SALENIOLATIONS," BY REQUIRING THOSE ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE, BETWEEN 5TM STREET AND 15H
STREET, SELLING OR SERVING ALCOHOLIC BEVERAGE(S) LATER THAN 12 A.M.,
TO RETAIN THE SERVICES OF AN OFF-DUTY POLICE OFFICER, FROM 12 A.M.
UNTIL THE CLOSING OF THE ALCOHOLIC BEVERAGE ESTABLISHMENT (FOR ALL
DAYS DURING WHICH ALCOHOLIC BEVERAGES ARE SOLD OR SERVED BEYONE
12 A.M.) ESTABLISHING EXCEPTIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The motion was
accepted by acclamation.
Motion #2 - Motion made by Michael Gillman and seconded by Alex Fernandez to send
the following recommendations to the Finance Committee for consideration with the
proposed ordinance R5J from the December 11 Commission meeting:
1. Adding clear language in ordinance that the Chief of Police has discretion to fill
off-duty positions with officers from other agencies following their completion of
night club training. This would be done if the off-duty position is unable to be
filled by the MBPD.
2. Issues hoping to be improved by the passage of this ordinance are not unique
to Ocean Drive, and to create a level playing field, we recommend that the
Mayor and City Commission consider in the future to delegate authority to the
City Manager and Chief to use this ordinance in other areas of the City where
this ordinance could make a positive impact.
3 . M a in ta in in g re la ti o n s h ip s w ith T O P S s u p e rv is o r a n d C o d e E n fo rc e m e n t s o th a t
th e r e a r e n o t e r ro r s w h e re a b u s in e s s re c e iv e s a v io la tio n a lth o u g h th e y
re q u e s te d o ff-d u ty a n d th e M B P D w a s n o t a b le to s ta ff th e p o s itio n . T h e
p ro c e s s s h o u ld b e s tre a m lin e d a n d m a k e it a n e a s y p ro c e s s fo r th e
b u s in e s s e s .
Motion #3 - Motion made by Alex Fernandez to support Commissioner Meiner's request
for improved lighting on 41° Street (discussion at the December 11" City Commission
meeting). Seconded by Julian Linares and passed by acclamation.
The notes from the Police Citizen Relations Committee regarding this ordinance are
attached.
JLM:RMC:tr
Attachment
P o lic e C itiz e n R e la tio n s C o m m itte e M e e tin g
D e c e m b e r 17 , 2 0 19
Discussion of Ocean Drive/ Off-Duty Ordinance {R5J from 12/11/19 Commission Meeting):
The Ordinance mandates that alcoholic beverage establishments on Ocean Drive between 5"
and 15 Street that sell alcohol after midnight must retain the services of an off-duty police officer
from midnight until the time the establishment closes. There are a few exceptions. Exceptions
include 1) If the establishment is completely within the closed premises of a hotel or a restaurant
with a full kitchen. 2) two immediately abutting and adjacent alcohol beverage establishments by
share the services of one off-duty police officer. If the MBPD is unable to staff the off-duty job,
the establishment will not receive a violation.
Chief Clements -- MBPD working off-duty jobs started in the 1990s. It was a very successful
program where there was an off-duty officer at every nightclub. This is a force multiplier. We can
monitor businesses where people frequent after hours. We have also been made aware that
Ocean Drive businesses wanted this program to be re-established. This is a position I took when
I was appointed Chief of Police Ain July. There have been many suggestions being made about
safety concerns in the MXE where people have been basically asking for an officer on every
corner. This is what having off-duty on Ocean Drive accomplishes - having more officers where
we need them the most, at the bars/nightclubs on Ocean Drive.
Alex Fernandez - Thank you to the Mayor and Commission for being responsive to the citizens
concerns.
Michelle Berger - The Mayor and City Staff have created the ordinance based on the concerns
being presented by our citizens and businesses.
Carla Probus - I live at 2017 N Bay Road and have been an advocate for improving conditions
on Ocean Drive for a long time. Ocean Drive has a lot of problems with open containers. Prior
to Chief Oates, there was off-duty on Ocean Drive and I want to see it come back. I suggest we
reduce the administrative fees to make it more lucrative. Many residents don't feel safe and won't
go to Ocean Drive because they don't feel safe. I spent a lot of time on Ocean Drive and Lincoln
road. It is a shame the image of the city has gone down. We have to do what it takes to make it
where residents and visitors feel safe.
Seth Feuer - We need to be careful with the words we choose.
Mike Palma - Th e businesses are in support of this. W e think it is needed and believe in it. W e
are w orking thro ugh this pro cess. W e are working with the legal side to get it carved out in a way
that makes sense. S om e things need to be cleaned up in the ordinance. The police presence in
the city is param ount. This isn't just an O cean Drive issue. W e just had a good event with no
issues. W e can get there. It is not as easy as you think to find the officers w illing to work off-duty
on O cean Drive. W e are here to support this 100%.
M ichael Gi llman - is there any reason w hy off-duty in the ordinance starts at 12 m idnight to when
the establishm ent closes? Have there been more incidents past m idnight? Can the off-duty
starting tim e be 1 0:00pm ? I don't understand w hy it starts at m idnight.
Chief Cl em en ts - Th ere are violent acts of crim e after m idnight. It is about presence later in the
evening as opposed to earlier.
Michael Gi llm an - It could be a financial burden fo r sm aller businesses.
Angie Chirino - Is there a w ay to m ake pro cess sim pler and is there a possibility to do this
according to capacity of the establishm ent so it is easier?
Julian Li nares- C om m issioner G ongora said it isn't an O cean Drive issue. W hat about
W ashington Ave too?
Pam ela B rum er - I think it is a great idea. O cean Drive may be a little more dangerous than
W ashington Ave. I think that this is a great thing and I am in favor.
S eth Feuer - There is a fo ur hour m inim um , so we have to go w ith those hours. Even if the
business closes at 2. How m uch is the off-duty rate?
Chief Cl em ents - It's $65 per hour w ith an adm inistrative fee.
S eth Feuer - Wh at are the right ingredients to move this fo rw ard? I am in favor and we need to
make sure the ordinance is correct. This is one piece of the puzzle. I have a few questions.
W hen it gets appro ved, how long w ill it take to im plem ent? Spring break is right aro und the corner.
H o w m a n y p e o p le h a v e re a d th e or d in a n c e ? A lio n 's s h a re o f th e c o m m itt e e h a v e n o t re a d th e
o r d in a n c e . T h is is a 2 3 .3 m ill io n d o ll a r s o u rc e o f in c o m e . T h is p a p e r fro m th e m a n a g e r 7 /1 8
s h o w s a 2 0 m ill io n d o ll a r lo s s . W e n e e d th e s ta tis tic s fo r th e tim e fr a m e . W e a re p u tt in g a b u rd e n
o n th e b u s in e s s e s a n d a r e th e o ffi c e rs a v a ila b le ? T h is c o u ld th is h u rt u s m o re d o w n th e ro a d .
Li z e tt e L o p e z - A re th e b u s in e s s e s p a y in g fo r th e o ff d u ty ? I a m in fa v o r.
C h ie f Cl e m en t s - Y e s , th e b u s in e s s e s w o u ld b e p a y in g fo r th e o ff-d u ty o ff ic e r.
D a n n y Ar o n s on - Th e s e a r e g r e a t p o in ts . T w o c o n s id e ra tio n s , is o u r d e p a rt m e n t re a d y fo r th is ?
T h e r e s h o u ld b e a fle x v a lv e fo r th e re a ll y s m a ll b u s in e s s e s . T h a t is a lo t o f d rin k s th e y h a v e to
s e ll ju s t to b r e a k e v e n . M a n y o f th e m a re w e ll b e h a v e d e s ta b lis h m e n ts a n d w e s h o u ld b e s e n s itiv e
to th a t. I a m in fa v o r o f th is .
A le x F e rn a n d e z - If th is o r d in a n c e p a s s e s , h o w m a n y o ffi c e rs w ill w e h a v e o n O D ?
C h ie f C le m e n ts - O ff D u ty O ff ic e r s a re a fo rc e m u ltip lie r. T h e re a re s ix b u s in e s s e s th a t h a v e
a p p lie d fo r o ff d u ty . T h a t w o u ld b e a n a d d itio n a l s ix o ff ic e rs o n O c e a n D riv e . T h e re a re s ix
a p p lic a tio n s n o w , if th e o rd in a n c e p a s s e s th e re m o s t lik e ly w ill b e m o re .
A le x F e rn an d e z - D o w e k n o w h o w m a n y b u s in e s s e s w ill a p p ly ? T h e re a re 4 3 m a x im u m lic e n s e s .
A c c o r d in g to A le k B o k s n e r , it w ill b e le s s th a n th a t. If th e M B P D c a n 't fi ll th e o ff -d u ty p o s itio n s ,
w ill th e C h ie f a ll o w o u ts id e a g e n c ie s to fi ll th e o ff -d u ty p o s itio n s ?
C h ie f Cl e m en ts - W e w o u ld p r e fe r to k e e p it in -h o u s e , b u t w e h a v e u s e d o u t-s id e a g e n c ie s in th e
p a s t w h e n w e c o u ld n 't fi ll p o s itio n s .
A le x F e rn a n d e z - It w o u ld n o t b e th e p re fe ra b le o p tio n , b u t c o u ld b e a ll o w e d if n e e d e d .
C h ie f C le m e n ts - T h is is b e in g d o n e n o w , b u t w e p re fe r to p o li c e o u r o w n s tre e ts ..
M ic h a e l G ill m a n - W h a t w a s th e in c id e n t th a t c a u s e d th e re m o v a l o f o ff-d u ty fr o m O c e a n D riv e in
2 0 1 4 a n d h o w a r e w e s u r e s o m e th in g s im ila r w o n 't h a p p e n a g a in ?
C a p t a in M or g al o - Th e c u r r e n t T O P S p ro g r a m h a s a s u p e rv is o r to m o n ito r th e o ff -d u ty o ff ic e r s
o n O c e a n D r iv e .
A le x F e rn an d e z - W e c a n tr u s t th e M B P D 's n e w le a d e r s h ip . W e h a v e c o n fi d e n c e in th e n e w
le a d e r s h ip o f t h e D e p a rt m e n t. T h e fo r m e r C h ie f s u s p e n d e d th e p ro g r a m u n til h e c o u ld
u n d e r s t a n d t h e f la w s in th e p re v io u s s y s t e m .
S e t h F e u er - D o w e b e lie v e th e M B P D w ill b e a b le to s t a ff th e o ff -d u ty p o s itio n s ?
C a p t a in M o r g a lo - Y e s, w e u s e d to h a v e tw o o ff ic e r s p e r n ig h t a n d w e n e v e r h a d a p ro b le m . T h e
b ig g e s t h u r d le r ig h t n o w is to fo r o ffi c e r s h ir e d in th e la s t fi v e y e a r s to h a v e th e c o n fi d e n c e in th e
a d m in is t r a t io n b a c k in g th e m u p if th e y w or k o ff -d u t y o n O c e a n D r iv e .
A le x F e rn a n d e z - Th e M a y o r r e c o g n iz e d th e g r e a t e ff o rt s b e in g m a d e in th e P o lic e D e p a rt m e n t.
T h e r e is g r e a t c o n fi d e n c e in th e le a d e r s h ip o f th e M B P D a n d th e o ffi c e r s s h o u ld fe e l c o n fi d e n t.
S e t h F e u er - Th er e a r e q u e s t io n s th a t n e e d to b e a n s w e r e d b e fo r e w e v o te . A re th e b u s in e s s e s
in f a v o r o f t h is ? T h e a n g s t fr o m th e b u s in e s s c o m m u n ity n e e d s to b e re m o v e d . T h is is a h u g e
e x p e n s e o n b u s in e s s e s th a t w e n e e d to c o n s id e r .
A le x F er n an d e z - Th e b u s in e s s c o m m u n it y is s u p p o rt in g th is .
C e c e V el a z q u e z - Th e O c e a n D r iv e A s s o c ia ti o n h a s b e e n a s k in g fo r th e re tu rn o f off duty for the
past five years. We have an opportunity to have a dedicated officer at each business. We don't
know about seven days a week coverage. It is about filling the positions during the most critical
times and doing it safely. The critical businesses have wanted it for the past five years. This
ensures that if someone doesn't want to do it, the other ones are not on the hook.
Alex Fernandez - The ordinance will have another hearing at the finance committee. They will
be able to hammer out more of the specific details there.
Seth Feuer - Is the Ocean Drive Association comfortable with this committee recommending the
ordinance be passed at second reading?
Ceci Velazquez - Yes.
A le x F e rn a n d e z - Th i s is a n im p o rt a n t le v e l o f th e p la y in g fi e ld . T h e re s id e n ts h a v e b e e n a s k in g
fo r th is fo r a lo n g t im e . W e s h o u ld m a k e a m o tio n to s u p p o rt th e o r d in a n c e . W e c a n s e n d
r e c o m m e n d a t io n s s e p a r a t e ly .
J u lian - lf I h a v e a b u s in e s s in W a s h in g t o n A v e n u e c a n I a p p ly ?
A le k B o k s n er - T hi s o r d in a n c e p e rt a in s o n ly to O c e a n D r iv e .
A le x F er n an d e z - W e c a n r e c o m m e n d a t io n to a d o p t a s e p a r a te o r d in a n c e s fo r o th e r
e s t a b lis h m e n t s o p e n p a s t m id n ig h t s in th e f u t u r e .
C a p t a in M or g a lo - An y b u s in e s s c a n a p p ly a n d a s k fo r a n off duty officer. If this is successful, it
may spread voluntarily.
Adam Kravitz - Is this legal for the city to do? Do other cities have this problem?
Alex Fernandez - The City Attorney's office has opined that it is legal. The city code has broad
discretion to enforce Chapter Six of the city code.
Danny Aronson -- What did the mayor ask that we do?
Alex Fernandez - We thank the Mayor for his efforts on this and the referral to the committee to
discuss. The first thing we need to do is express our support for the ordinance and can create a
second motion with any additional thoughts we want to pass along to the Mayor and Commission
to consider.
Seth Feuer - I'm in favor, but we're basically signing blank check. If this is passed, when is
implemented?
Danny Aronson - We should have a motion for the Finance Committee to consider.
Alex Fernandez - This is going to Finance committee. This has been supported on the first
reading. It still has some tweaking to do; however, if the City Commission believes we need this,
then we should back them.
Alek Boksner - The ordinance would be approved at second reading on January 15 and then
effective 10 days later. This will be effective during the Super Bowl week.
Julian Linares - If this is approved, is the MBPD going to be able to fill these positions during
Super Bowl week?
Chief Clements - Everyone will be working during Super Bowl week. We will figure out the staffing
component and put an officer there and charge the off duty rate.
Ceci Velazquez - This will be out of our hands - if we're mandated to have off-duty, then we will
do our best to handle all request.
Alex Fernandez - Can the City maintain an amnesty list that shows the business made an attempt
to fill the mandated off duty position and were unable to find an officer to work it, and the business
won't get a fine? This is a recommendation we can send to finance committee.
Chief Clements - Our officers may be committed to other work assignments but we can allow
other jurisdictions to work when we are beyond our capacity to fill it.
Adam Kravitz - Is this is the ordinance to allow outside agencies to work?
Alex Fernandez - The high impact weekends are not what this ordinance is aimed at. This is for
the average weekend. There is already a mechanism in the proposed ordinance that would
protect a business from receiving a violation when they're unable to fill the off-duty position.
There will be a list showing which business is required to have the off duty. Once the ordinance
is effective and they are serving alcohol after midnight, they will have to have an officer. If they
not in compliance, code will do their job and then there will be an investigation.
Chief Clements - There is a vetting process for the business to go through when requesting off-
duty. When the business is approved, an off-duty coordinator is assigned to that business and
they work in conjunction with the business to fill the off-duty positions. There is a FO P contractual
four hour m inimum. W hen a business is appro ved for the off-duty assignment - it is an on-going
standing request that is consistently filled.
Captain Margalo - The TO PS superv isor can tell us which establishm ents were able to staff or
not staff and work with code enfo rcement to determ ine if a business is in violation.
DIC Wayne Jones - When there is an officer committed to a job, we have a policy in place if they
can't make it, they have to find a replacement officer to work it. There will be no break in coverage.
In a worst case type of scenario, it would be filled with on-duty resources and the business is
billed for the off-duty.
Seth Feuer - There is a concern that outside agencies do not have the same caliber training as
a MBPD officer. If we lack sufficient resources to fill the off-duty jobs from within the MBPD, this
could be a problem.
Captain Morgalo - We have a training policy already in place. All officers that work off-duty in the
Entertainment District have to take the training before they can take the job. They are trained in
how to work with Code Enforcement on potential violations.
Chief Clements - There was a policy put in place by Chief Oates for all officers that work off-duty
on Ocean Drive. Every off-duty officer that works Ocean Drive has to go through the training
process.
Angie Chirino - Why do off-duty officers receive a four hour minimum pay?
Chief Clements - This is part of the FOP contract. It is a collective bargaining agreement. Every
hour after the initial four hours is hour for hour.
Alex Fernandez - It is important to support this ordinance and we should adopt a motion with
recommendations for finance committee to consider. These recommendations would include:
1. Clear adding language in ordnance that chief has discretion to open to other agencies
following their completion of night club training.
2 . S in c e th e se is s u e s are no t un iq u e to o c e a n driv e , a n d to c re a te a le v e l p la y in g fie ld ,
w e re c o m m e n d tha t th e city c o m m is s io n co n s id e r in th e futu re to de le g a te a u th o rity to th e C ity
M a n a g e r an d C h ie f to use th is o rd in a n c e in oth e r a re a s w h e re th is w ill m a k e a po s itiv e im p a c t.
3 . M a in ta in in g re la tio n s h ip s w ith T O P S su p e rv is o r an d C o d e E n fo rc e m e n t so th a t th e re
a re no t e rro rs w h e re a bu s in e s s re c e iv e s a v io la tio n a lth o u g h th e y re q u e s te d o ff -d u ty a n d th e
M B P D w a s no t ab le to staff th e po s itio n . T h e pro c e s s s h o u ld be stre a m lin e d a n d m a k e it a n e a s y
pro c e ss fo r th e bu sin e ss.
S e th F e u e r- T he co n ce rn s w e ha v e be e n s p e a k in g a b o u t ne e d to be in c o rp o ra te d in th is
re co m m e n d a tio n . Is the o rd in a n c e ne e d e d 7 da y s a w e e k o r o n ly o n h ig h im p a c t w e e k e n d s ?
A le x F e rn an d e z - Th e o rd in a n c e sh o w s it ap p lie s se v e n da y s a w e e k .
Ju lia n Linar e s - W e s h o u ld m a k e a m o tio n to s u p p o rt o rd in a n c e .
A le x F er n an d e z - An d to as k th e F in a n c e C o m m itt e e to lo o k at w a y s to iro n o u t th e d e ta ils .
S e th F e u e r- W e s h o u ld ha v e th e de ta ils w o rk e d o u t be fo re th is o rd in a n c e g o e s fo rw a rd . T h e
b u sin e s s e s ne e d to fe ll th is is s u s ta in a b le .
A le x F er n an d e z - W e ca n a s k the fin a n c e co m m itt e e w h e th e r th is ne e d s to be 7 d a y s a w e e k a n d
ju st go w ith the bu s ie st o r hig h im p a c t da y s .
S e th F e u er - D o e s th e po lic e de p a rt m e n t be lie v e th a t th is sh o u ld be a m e n d e d to sa y th is is no t
ne e d e d o n ce rt a in da y s ?
C h ie f Cl e m en t s - W e be lie v e th e C ity A tt o rn e y 's O ff ic e d id a go o d jo b o n th is o rd in a n c e a n d th a t
w e ha v e w ha t w e ne e d .
A le x Fe rn a n d e z - W e ca n re c o m m e n d g iv in g th e C ity M a n a g e r a n d th e C h ie f th e o p tio n o f
su s p e n d in g the o rd in a n c e at th e ir d is c re tio n o n a w e e k e n d by w e e k e n d ba s is .
P a m e la B ru m er - Wh a t do e s it m e a n th a t ad ja c e n t bu s in e s s ca n sh a re ?
C a p t a in M or g al o - It m e a n s th a t o n e o ff ic e r c a n b e r e s p o n s ib le fo r tw o e s t a b lis h m e n ts (d ir e c tly
a d ja c e n t to e a c h o t h e r ) a n d t h e c o s t is s p lit.
S e t h F e u e r - It d o e s n 't t h is m a k e s e n s e to s e n d it th ro u g h b e fo r e it is r e v is e d . W y c a n 't w e
im p r o v e it fi r s t ?
A le x F er n an d e z - W e a r e h e r e to a d v is e . W e c a n a lw a y s r e v is it th is .
J u lia n Li n ar e s - l m a k e a m o t io n to s u p p o rt th e o r d in a n c e p r e s e n t e d b y th e M a y o r .
P a m e la B r um m er - I s e c o n d t h e m o ti o n .
S e t h F e u e r - O ur c o n c e rn s a b o u t s o m e a s p e c ts o f th e o r d in a n c e n e e d s to d o c u m e n t e d a n d
r e la y e d to t h e F in a n c e C o m m itt e e .
T h e m o t io n to s u p p o rt t h e o r d in a n c e p a s s e s b y a c cl a m a t io n .
M ic h a e l G illm a n - M o t io n t o s e n d th e r e c o m m e n d a t io n s to th e F in a n c e C o m m itt e e .
A le x F e rn an d e z - M ot i o n is s e c o n d e d .
T h e m o ti on to s e n d th e r e c om m en d a ti on s p a s s e d b y a c cl am a ti on .