HomeMy WebLinkAbout12.10.2003 INDEX
CITY COUNCIL MINUTES
December 10, 2003
1. Called to Order/Roll Call of Members................................... Page 1
2. Invocation..................................................................... Page 1
3. Pledge of Allegiance......................................................... Page 1
4. Approval of Minutes......................................................... Page 1
Approval of minutes of City Council meeting of November 19, 2003
5. Agenda/Order of Business(Additions/Deletions/Amendments....... Page 1-2
6. Special Presentations........................................................ Page 2
6A Presentations—Administrative Office Space Rental............... Page 2
1) Trinity Church
2) golden Glades, LLC...................................................... Page 3-4
7. Ordinances for First Reading
7A) Providing for the issuance of Solid Waste Franchise for Commercial
and Multi-Family residential solid waste collection.................... Page 4-5
7B) Establishing purchasing procedures ........................... .... Page 5-6
8. Ordinance for Second Reading(Public Hearings) ...................... Page 6
None
9. Public Comment.............................................................. Page 6
10. Resolutions
l0A) Res. 2003-44 Supporting H.R. 2538............................... Page 6
10B) Res. 2003-45 Establishing an Ad Hoc Citizens Advisory
Committee..................................................................... Page 7
I OC) Res. 2003-46 Approving a waiver of Plat application for the
property located a 177 Terrace and NW 22nd Avenue.................. Page 7-8
IOD) Res. 2003-47 Supporting the expansion of the existing Metro
Rail System, along the North Corridor..................................... Page 8
1 OE) Res. 2003-48 rescinding Resolution No. 2003-39................ Page 8-11
l OF) Not Adopted Approving a Second Interlocal agreement with
Miami-Dade County........................................................... Page 11-12
l OG) Motion to workshop Item Approving an Interlocal Agreement
with Miami-Dade County For Local Police Services..................... Page 12-13
l OH) Motion to workshop Item Approving an Interlocal Agreement
with Miami-Dade county for Specialized Police Services................ Page 13
l On Motion to workshop Item Authorizing City Administration to issue
a Request for Qualifications for Parks and Recreation Programming... Page 13-14
l OJ) Res. 2003-50 Authorizing City Administration to issue a request
for Proposals for Park Maintenance.......................................... Page 14
10K) Res. 2003-51 Relating to Miami-Dade County funding .......... Page 14-16
11. Reports of Transition Coordinator(No Report).............................. Page 16
12 Reports of Mayor and Council Members ..................................... Page 16
13 Requests, Petitions & Other Communications from the Public........... Page 16
13A) Public Comments......................................................... Page 16-17
14. Special Presentations
14A) Wal-Mart.................................................................. Page 18
14B) School Crossing Guards Presentation.................................. Page 18-22
15. Adjournment....................................................................... Page 22
CITY OF MIAMI GARDENS
CITY COUNCIL MINUTES
DECEMBER 10, 2003
1. CALL TO ORDER/ROLL CALL OF MEMBERS:
The City Council of the City of Miami Gardens, Florida met in regular session on
Wednesday,December 10,2003,beginning at 7:00 p.m.,in Suite 201 of the Administrative Offices,
17801 NW 2nd Avenue, Miami Gardens, Florida.
The following members of the City Council were present: Mayor Shirley Gibson, Vice
Mayor Aaron Campbell and Council members Audrey J.King,Barbara Watson,Melvin L.Bratton,
Sharon Pritchett and Oscar Braynon, II.
Also in attendance were: William J. Green, Jr., Transition Coordinator, Interim City
Attorney Hans Ottinot and City Clerk Solomon Odenz,sitting in for City Clerk Ronetta Taylor who
was not present due an injury.
Mayor Gibson thanked Mr.Odenz and the City of North Miami Beach for their assistance in
providing City Clerk services to the City of Miami Gardens.
2. INVOCATION:
The Invocation was delivered by Reverend Paul Kelley.
3. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
Major Marshall appeared before the City Council to advise the audience that tonight's
chambers were filled to capacity and as such the Fire Marshall for the Miami-Dade Fire Department
is present to ensure that the facility isn't over taxed for safety reasons. People will only be allowed
to enter the facility as others leave. He further announced that this is an official City of Miami
Gardens Council meeting and as such each person speaking must adhered to the rules and procedures
that the Mayor has established. If the rules and procedures are not followed those individuals
breaking those rules and procedures will be asked to leave the facility.
4. APPROVAL OF MINUTES:
4A) Approve Minutes of City Council Meeting of November 19, 2003
Moved by Vice Mayor Campbell, seconded by Councilman Bratton to approve the minutes
with the necessary corrections: Page 16, line 40 change surname from Lenox to Renick, line 43
change the words from"to all"to "for all", line 44 change the word "happen" to "happened" .
There, being no further discussion the motion passed and carried by a 7-0 vote.
5. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/
Miami Gardens City Council
Minutes—December 10,2003 Page 1 of 22
AMENDMENTS):
Councilman Braynon offered an add on item as follows: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO MIAMI-DADE
COUNTY FUNDING; STATING THE POLICY OF THE CITY OF MIAMI GARDENS THAT
SERVICES PROVIDED BY MIAMI-DADE COUNTY TO THE CITY OF MIAMI GARDENS
PRIOR TO THE ADOPTION AND EFFECTIVE DATE OF THE INITIAL CITY BUDGET,
EFFECTIVE OCTOBER 1,2003,ARE THE FINANCIAL RESPONSIBILITY OF MIAMI-DADE
COUNTY; DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL
NECESSARY STEPS TO ENSURE THAT THE CITY POSITION PREVAILS;PROVIDING AN
EFFECTIVE DATE.
Moved by Councilman Braynon, seconded by Vice Mayor Campbell to amend the official
agenda with the inclusion of the above referenced item. The motion carried by a 7-0 vote. This
item was placed on the official agenda as Item No. l OK.
6. SPECIAL PRESENTATIONS:
6A) Presentations —Administrative Office Space Rental
1) Trinity Church
Attorney Jerry Proctor of 200 South Biscayne Boulevard, Suite 2500, Miami, Florida
appeared before the City Council representing Trinity Church. He opined that this property offered
some great attributes to the City.This very large building offers approximately 700 parking spaces.
He conveyed his client's willingness to work with the City on the various options and flexibility
being offered. This particular property is not only accessible but also provides great visibility for
the City.
Attorney Dean DiBartolomeo of 1 SE 3rd Avenue, Suite 2900, Miami, Florida appeared
before the City Council representing Trinity Church. He provided a brief presentation indicating
that: 1)The availability of the facility is to be determined by the City whether it's a one year lease
of a five year lease; 2) The space being offered is already built-out and ready for immediate
occupancy;3)The Executive Offices already exist;4)There are two conference rooms already built
out(one conference room can seat at least 20-30 people; 5) The space will include an opportunity
for a lunch room; 6)There will also be an opportunity for private and public restroom facilities; 7)
Space is also available for the City Council Chambers, which is not necessarily the current space
being occupied;and 8)This building is currently equipped with fire extinguishers,fire monitoring
system, security monitoring system and lighting system.
Two options were presented: The first option was without internal improvements; 1)The
first year base rent would be $7.75 per square foot; and 2) the second year the base rent would
increase to $9.95 per square foot. The City would have a 90 day opt out. The second option
included$100,000 in landlord improvements. This would also require that the City enter into a five
year lease. Amenities -The City would have 24/7 access to this site. The building already has a
backup generator system in case of an emergency. More than sufficient parking, excluding the
required 15 designated parking spaces. In addition,this would be a landlord occupied building.
Miami Gardens City Council
Minutes—December 10,2003 Page 2 of 22
2) Golden Glades, LLC
Attorney Earl G. Gallop appeared before the City Council representing Golden Glades,LLC.
He related that if the City decided to lease the property from Golden Glades, LLC it would have its
own building, in a prestigious location in an office park. The City would also have its own design
and dedicated space. This would make a definite statement to the constituents of permanency,that
the City is committed to the future, stable and financial prudent in making that decision.
Mr.Jeremy Larkin a representative of Golden Glades,LLC appeared before the City Council
to further expound on his company's lease proposal. He clarified that Option A was no longer
available due to a commitment with another entity. For the Council's consideration tonight it Option
B. There is a full time on site property manager,two full time property engineers as well as on site
seven day a week security. In addition there are two full time roving maintenance engineers. Golden
Glades,LLC can offer an individual building which will afford individualism as to the City of Miami
Gardens. The entire parking lot can accommodate 992 cars. There is flexibility in this proposal
which would allow the city to expand from the 11,000 square feet to accommodate the City's
growth. This proposal includes a Council Chambers that would seat 200 plus,a dais for the Council
members, private entrance to the Chambers as well as private restroom facilities. In addition, 20
separate parking spaces are being offered for the City Council and senior staff members. He
indicated that Golden Glades, LLC would not charge rent for the balance of FY 2003-04. Golden
Glades LLC would expect a five year lease agreement starting October 1,2004 with the first payment
becoming due on that date.
Councilwoman Pritchett asked that Mr. Larkin to repeat his last statement.
Mr. Larkin repeated that he has been instructed to inform the City Council that Golden
Glades, LLC would not charge rent for the balance of the City's fiscal year through September 30,
2004. The lease term will commence on October 1,2004 for a five year term. As soon as the place
is built to the City's specifications immediate occupancy can occur for the duration of the fiscal year.
Councilman Braynon asked for clarification as to the start date of the lease.
Mr.Larkin clarified that the lease would expire September 30,2009 and would commence as
soon as construction is finished. The first rent payment would not be due until October 1, 2004.
Councilwoman Pritchett asked what the differences would be in terms of square footage for
both proposals.
Mr. Green related that Trinity Church was allowing for$100,000 in landlord improvements
for a price of$11.75 per square foot for year one through year five. Golden Glades,LLC is charging
$11.95 per square foot. However Golden Glades' maximum landlord build-out allowance is
$360,000. There is a difference of$260,000 in the build-out and a difference of only($.20)twenty
cents per square foot.
Councilwoman Pritchett asked the Fire Marshall to clarify the occupancy limitation on the
current space, the number of people permitted to occupy this space tonight and why.
Miami Gardens City Council
Minutes—December 10,2003 Page 3 of 22
The Miami Dade Fire Department representative appeared before the City Council to address
Councilwoman Pritchett's question. He related the permitted number is based on the square footage,
which equates to approximately 200 people. He further indicated that emergency evacuation also has
to be a part of the evaluation.
Councilwoman Pritchett asked Mr.Gallop if,in the configuration of the space would Golden
Glades, LLC be able to prevent overcrowding from becoming an issue.
Mr. Larkin responded and indicated that they would check with the Fire Department to find
out what solutions are available and permissible by the Fire Code.
Attorney Di Bartolomeo indicated that Trinity Church would be able to accommodate a larger
crowd by offering the Theater, which seats approximately 1,000 people as an alternative to hold
Council meetings. He further related that he was not authorized to offer a fiscal year rent free.
Mayor Gibson commented that the City would have to decide how much seating space it is
going to accommodate, whether it is going to be 200 or 250 people during Council meetings. She
further related that anytime the Chambers is filled to pass the number allotted for there is going to be
that safety factor.
At the conclusion of this discussion, it was moved by Vice Mayor Campbell, seconded by
Councilwoman King to accept the proposal made by Golden Glades, LLC, and that the Mayor and
management is authorized to negotiate a contract, with the Interim City Attorney reviewing the
contract.
There, being no further discussion the motion passed by a 6-1 vote.
Councilman Braynon: Yes
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Bratton: No
Mayor Gibson: Yes
7. ORDINANCES FOR FIRST READING:
7A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, PROVIDING FOR THE ISSUANCE OF SOLID
WASTE FRANCHISE FOR COMMERCIAL AND MULTI-FAMILY
RESIDENTIAL SOLID WASTE COLLECTION; PROVIDING FOR
DEFINITIONS;IMPOSING A FRANCHISE FEE FOR COMMERCIAL AND
MULTI-FAMILY RESIDENTIAL SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN PERMITTED
Miami Gardens City Council
Minutes—December 10,2003 Page 4 of 22
PRIVATE HAULERS; PROVIDING FOR PENALTIES, SPECIAL
ASSESSMENT LIEN PRIORITY; PROVIDING FOR REPEALER AND
INCLUSION IN THE CODE, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE (SPONSORED BY MAYOR GIBSON)
Moved by Councilmember Braynon, seconded by Councilwoman Watson to approve this
ordinance on first reading.
There,being no discussion the motion to approve this item on first reading passed by a 7-0
vote.
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Bratton: Yes
Councilman Braynon: Yes
Mayor Gibson: Yes
7B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MIAMI
GARDENS,FLORIDA;ESTABLISHING PURCHASING PROCEDURES,TO
PROVIDE GENERAL PROVISIONS; TO PROVIDE FOR A PURCHASING
AGENT; TO PROVIDE FOR PURCHASING LIMITATIONS AND
COMPETITIVE BIDDING;TO PROVIDE FOR A COMPETITIVE BIDDING
PROCEDURE FOR PURCHASES UNDER$25,000 AND PURCHASES OVER
$25,000; PROVIDING FOR BID AWARDS, RESPONSIBILITY OF
BIDDERS OR OFFERORS; PROVIDING FOR THE EVENT OF ONLY ONE
RESPONSIVE BID; PROVIDING FOR ALL BIDS TO BECOME THE
PROPERTY OF THE CITY; PROVIDING FOR A WAIVER OF
COMPETITIVE BIDDING PROCEDURES;PROVIDING FOR EXEMPTION
FROM BIDDING; PROVIDING FOR CONTRACT ADMINISTRATION;
PROVIDING FOR PROTEST PROCEDURES; PROVIDING FOR ETHICS
IN PUBLIC CONTRACTING; PROVIDING FOR A REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY MAYOR GIBSON)
Moved by Councilman Braynon,seconded by Councilwoman Watson to approve this item on
first reading.
There,being no discussion the motion to approve this item on first reading passed by a 7-0
vote.
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Miami Gardens City Council
Minutes—December 10,2003 Page 5 of 22
Councilwoman Watson: Yes
Councilman Bratton: Yes
Councilman Braynon: Yes
Vice Mayor Campbell: Yes
Mayor Gibson: Yes
8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS):
8A) NONE
9) PUBLIC COMMENT - 10 MINUTES
Mr.Thomas Spaulding of 18805 NW 32nd Place appeared before the City Council to express
his views about the movement to dissolve the City of Miami Gardens.
Ms. Barbara Jordan of 2251 NW 188th Terrace appeared before the City Council to express
her views about the appointment of the City Manager and the terms and conditions of his contract.
Mr. Ray Williams of 3223 NW 196th Lane appeared before the City Council to express his
views about dissolving the City because of the lack of funds and erroneous information previous
provided.
10. RESOLUTIONS:
RESOLUTION NO. 2003-44
10A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS,FLORIDA, SUPPORTING H.R. 2538,A BILL TO DESIGNATE
THE UNITED STATES COURTHOUSE LOCATED AT 400 NORTH MIAMI
AVENUE IN MIAMI, FLORIDA AS THE "WILKIE D. FERGUSON, JR.,
UNITED STATES COURTHOUSE"; PROVIDING FOR AN EFFECTIVE
DATE. (SPONSORED BY VICE MAYOR CAMPBELL)
Vice Mayor Campbell explained his rationale for sponsoring this resolution.
Moved by Councilman Bratton, seconded by Councilwoman King to approve this item.
There, being no further discussion the motion to approve passed by a 7-0 vote.
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Bratton: Yes
Councilman Braynon: Yes
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Mayor Gibson: Yes
Miami Gardens City Council
Minutes—December 10,2003 Page 6 of 22
RESOLUTION NO. 2003-45
10B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ESTABLISHING AN AD HOC CITIZENS
ADVISORY COMMITTEE TO RECOGNIZE THE LATE HONORABLE
WILKIE D. FERGUSON,JR. (SPONSORED BY MAYOR GIBSON)
Mayor Gibson explained her underlying principle for sponsoring this item.
Moved by Vice Mayor Campbell,seconded by Councilwoman Watson to approve this item.
Vice Mayor Campbell questioned whether there were rules and procedures in place for
selecting individuals to serve on this Committee.
Interim City Attorney Ottinot indicated that the procedure for appointing members to
committees is outlined in the Rules and Procedure Ordinance. Each Council member will select an
individual to serve on the Committee.
Vice Mayor Campbell, suggested amending the resolution to include the language that the
Committee shall also make recommendation of funding sources for whatever recommendation they
bring back to the Council.
Mayor Gibson indicated that she did not have a problem with this amendment.
Councilwoman Pritchett related that the resolution did not specify a time frame as to when
each Council member would submit the name of the individual they have selected to serve on the
committee.
Mayor Gibson related that she'd not put that into the resolution however, she did not have a
problem with Councilwoman Pritchett amending the resolution to include this information. She
asked her colleagues how much time would be needed in order to select someone for this Ad Hoc
Committee. The Council members agreed that January 14, 2004 would be sufficient time to
accomplish this.
By consensus the Council members agreed to amend the resolution to include language
requiring that the Committee make recommendation of funding sources for whatever
recommendation they bring back to the Council;in addition language was added to include the date
of January 14, 2004 as the time frame by which to have the names submitted to Administration.
There,being no further discussion the motion to approve with the amendments carried by
a 7-0 vote.
RESOLUTION NO. 2003-46
10C) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA;
APPROVING A WAIVER OF PLAT APPLICATION FOR THE PROPERTY
LOCATED AT 177'TERRACE AND NW 22ND AVENUE,AS MORE FULLY
DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED
Miami Gardens City Council
Minutes—December 10,2003 Page 7 of 22
BY THE CITY ATTORNEY)
Interim City Attorney Ottinot explained the issues involved with this plat approval. He
related that this matter was approved by Miami-Dade County and as a courtesy has forwarded the
request to the City of Miami Gardens for its approval.
Mr.James Bolden of 19200 NW 11 fh Avenue,the applicant for this item appeared before the
City Council to further expound on their request. The property in question is presently un-platted
property.
Council members Bratton and Pritchett expressed concern that the site plan was not a part of
the agenda package.
It was moved by Councilman Bratton,seconded by Councilwoman Watson to table this item
to allow administration an opportunity to locate the site plan for the Council's review. The motion to
table this item carried by a 7-0 vote.
It was moved by Councilwoman Pritchett,seconded by Councilman Braynon to take this item
off the table. The motion to take this item off the table passed by a 6-1 vote. Vice Mayor Campbell
opposed.
Councilwoman Pritchett indicated that the Council did receive a copy of the Miami-Dade
County Plat Committee's Notice of Action and a Memorandum from DERM.
It was moved by Councilman Bratton, seconded by Councilwoman Watson to approve this
item.
There, being no discussion the motion carried by a 7-0 vote.
RESOLUTION NO. 2003-47
10D) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, SUPPORTING THE EXPANSION OF THE
EXISTING METRO RAIL SYSTEM, ALONG THE NORTH CORRIDOR
(NORTHWEST 27TH AVENUE), FROM NW 79TH STREET TO 215TH
STREET(MIAMI-DADEBROWARD COUNTY LINE ROAD);PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR GIBSON)
Mayor Gibson explained why she was sponsoring this item and the relevant issues involved.
Moved by Councilman Bratton, seconded by Councilwoman Watson to approve this item.
There, being no discussion the motion to approve carried by a 7-0 vote.
RESOLUTION NO. 2003-48
10E) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, RESCINDING RESOLUTION NO. 2003-39;
APPOINTING DANNY O. CREW AS CITY MANAGER OF THE CITY OF
MIAMI GARDENS; EFFECTIVE JANUARY 6,2004 ON THE TERMS AND
CONDITIONS SET FORTH IN THE CONTRACT ATTACHED AS EXHIBIT
"A" PROVIDING THE MAYOR THE AUTHORITY TO NEGOTIATE A
Miami Gardens City Council
Minutes—December 10,2003 Page 8 of 22
CONTRACT WITH THE CITY MANAGER SUBJECT TO COUNCIL
APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY
MAYOR GIBSON)
Mayor Gibson passed the gavel to Vice Mayor Campbell before she shared with the Council
her justification for appointing Mr. Crew as City Manager. She related that this item also rescinds
Resolution 2003-39, which appointed Barbara Lipscome as City Manager. Ms. Lipscome
subsequently declined the position. The resolution further appoints Danny O. Crew as the City
Manager of the City of Miami Gardens, and negotiates a contract. She related that in making her
recommendation she'd based that recommendation on the candidates' resume as well as the wealth
of information she was privileged to. She shared that she'd also make the recommendation based on
the fact that she did some further homework before the City even got into this process. She said after
doing her homework she did select Mr. Crew. She conveyed that this City needs to have some
leadership in the City Manager's Office. The City of Miami Gardens did not have a City Manager,
going into its seventh month; this matter needs to be taken care of. She said that Mr. Crew has the
credentials, and the experience of having to deal with cities,which is very crucial. She related that
Mr.Crew worked as the City Manager for a City in North Carolina and when he went there that City
was having some very serious financial problems. Mr. Crew was able to go there and provide that
City with some much needed leadership in financing,economic development,annexation as well as
negotiation techniques. That City did a major turnaround because of the efforts and the ability of Mr.
Crew. Mr.Crew comes with the knowledge,the tenacity,the leadership ability,the task orientation
that is needed to give Miami Gardens what it needs to get started. The qualifications of this
applicant are above reproach. She related that she's spoken to many individuals about this candidate
and found that he is an excellent candidate for the City of Miami Gardens to have.
Mayor Gibson conveyed her understanding that not everyone in the audience was going to
agree with this decision. However if it is found that there is something wrong with this applicant's
qualifications then that's something of substance that will be dealt with. However, if it is not the
applicant's qualifications then you are not dealing with substance when you are dealing with this
candidate or any other candidate that comes to this board. She related her understanding that there
might have been other candidates that other individuals had spoken with and decided that those
individuals were the best candidates. However, the charge was for the Mayor to make a selection
and that final decision is given to the Mayor pursuant to the Charter,and that is the decision that was
made. She shared her belief that this individual is a candidate based on his qualifications as well as
record of experience and trial record of experience. She emphasized that she had not made this
decision based on emotions but on the substance of this candidate. She related that Mr. Crew brings
to the table the qualifications,and experience that the City of Miami Gardens needs to go forward at
this particular time.
It was moved by Councilwoman Watson, seconded by Councilman Bratton to approve this
item.
Mr. Collin Baeziger the City's Consultant to Select a City Manager appeared before the City
Council to expound on the process used to select a City Manager.
Councilman Braynon thanked Mr.Baeziger for keeping the Council members informed of the
process. He then referenced comments made by Mr. Crew regarding his management style as being
Miami Gardens City Council
Minutes—December 10,2003 Page 9 of 22
a delegator, and that he provided policy, guidance, coordination and occasional critical decision
making on important issues,but in general would not restrict that responsibility on his senior staff.
Councilman Braynon indicated that he was troubled from reading this because the City has
no staff. He conveyed his hope that Mr. Crew would be prepared to do those things because that is
how it works here. He shared that he'd met the candidates and participated in the interview process.
Unfortunately he did not have an opportunity to meet with Mr.Crew. He shared that after reviewing
all the information provided with regard to each candidate,Mr. Crew was not his top candidate. He
asked Mayor Gibson if she'd spoken with Mr. Crew about the fact that he would not have staff to
delegate to and whether he was prepare to meet that challenge.
Mayor Gibson related that she's spoken with each candidate about the situation of not having
full staff. Mr. Crew is very much aware of the situation here. She emphasized the importance of
looking at each candidate's experience and successfulness. She related that talking to the references
provided by each candidate made all the difference in the world.
Councilwoman Pritchett inquired as to what Mr. Crew has been doing since his last job,
January 2003, as City Manager in terms of gainful employment.
Mr. Baeziger said that Mr. Crew has been looking for another City Manager's job. In this
profession there are approximately 3,500 City Manager jobs in the country. At any one time there
might be a couple hundred that are vacant. It is not uncommon for a City Manager to spend
anywhere from six months to a year looking for the next job.
Councilman Braynon shared that he'd had an opportunity to speak with Mr. Crew and got a
feel for his personality. He opined that in his judgment there could have been abetter personality to
match with the City Council and the residents of this community.
Councilwoman King shared that she too had an opportunity to interview the candidates. She
related that she gone in to the interview process with an open mind. She related that she found Mr.
Crew to not be the best candidate for this city at this time. She related that Ms. Lipscombe was not
her first choice and Mr. Crew is definitely not her choice. She related that Mr. Crew's resume read
like a book but when she got to talk with him one-on-one he did not impress her with the style that
she thought the City needed as a City Manager because of the things to be done to move this City
forward. She said that she did not like it when anyone says to her"you people". She said that if you
are going to work with me,talk to one-on-one as a team member, and not as you people.
Councilman Bratton posed the question if we don't appoint a City Manager tonight, then
when?
Councilman Braynon indicated that he did not feel comfortable with this particular candidate
and related that there were three other candidates that had also gone through the process.
Vice Mayor Campbell conveyed his understanding that according to the Charter the Mayor
makes the selection.
Mayor Gibson said that the process could be started over again with a new list of candidates
Miami Gardens City Council
Minutes—December 10,2003 Page 10 of 22
that she could select from,which is a possibility to do. This process will take another two and a half
months. She said with all due respect she has listened to the comments made by the Council
members about this candidate but what she has not heard that there was anything wrong with this
candidate's qualifications. If it is not based on the candidate's qualifications,which is not substance
then what is it based on. She opined that the council needs to be very up front about that. She
reminded the Council member that a very distinguished and diverse group of individuals sat on the
City Manager Selection committee. She related that the interviews that took place between the
Council members and the candidates is not on for discussion before the City Council. The
interviews were set to allow the Council an opportunity to see who these five people were. The
ranking of the candidates by Council members is not a part of this process. Nor, is the Council
members' participation in making a selection as to their choice part of the process, unfortunately.
There was an attempt in the process to allow the Council members with an opportunity to have some
interaction, if they chose to with these candidates. She said that she did not have a problem with
doing the search process all over again if this matter is not voted on tonight for Mr. Crew. She
emphasized that if a candidate can not be brought to this board based on their qualifications, then
what will it be based on. She conveyed that every candidate does not have the same personality but
the bottom line is will they get the job done.
At the conclusion of this discussion the motion to approve this resolution passed by a 4-3
vote.
Councilman Bratton: Yes
Councilman Braynon: No
Councilwoman King: No
Councilwoman Pritchett: No
Councilwoman Watson: Yes
Vice Mayor Campbell: Yes
Mayor Gibson: Yes
After this vote was taken, Vice Mayor Campbell relinquished the gavel to Mayor Gibson.
10F) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING A SECOND INTERLOCAL
AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF
MIAMI GARDENS,ATTACHED AS EXHIBIT"A"; IN ITS FINAL FORM;
PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY TRANSITION
COORDINATOR)
Mr. Green indicated that these items must go before the County Commission. However,that
can not happen until the items are approved by the City Council.
Councilman Braynon indicated that the language"in its final form"should be deleted from
the resolution.
Mayor Gibson clarified that any changes that take place would before the Board of the
County Commission.
Miami Gardens City Council
Minutes—December 10,2003 Page 11 of 22
Moved by Councilman Braynon,seconded by Councilwoman King to accept Item l OF. The
motion failed by a 3-4 vote.
Councilman Bratton: Yes
Councilman Braynon: Yes
Vice Mayor Campbell: No
Councilwoman King: Yes
Councilwoman Pritchett: No
Councilwoman Watson: No
Mayor Gibson: No
Mr. Green asked for Council's direction as it related to the Interlocal Agreements.
Councilwoman Pritchett opined that it is very important for each Councilmember to
understand the importance of these Interlocal Agreements and not just vote to be voting. She related
that a workshop is critical,and conveyed her understanding of Major Marshal's comments. She said
that she also understood the point made by Mayor Gibson. She opined that a workshop was
warranted to provide the Council with an opportunity to go over the Interlocal Agreements line by
line and word for word; with the necessary people in place, which may not include County staff,
which can answer the Council's questions and help them come up with possible solutions for dealing
with these Interlocal Agreements.
Mr. Green indicated that he'd been more than glad to set up a workshop and put together a
panel that could speak to the different aspects of each of the Interlocal Agreements, if this is the
direction of the Council.
Councilman Bratton inquired about the time line for the approval of the Interlocal
agreements.
Mr. Green related that based on the City's Charter and correspondence received from Miami-
Dade County the Interlocal Agreements should be finished by January 22,2004. He further related
that even if the Interlocal Agreements were approved by the Council tonight,there were still several
subcommittees' reviews that must be complied with prior to approval by Miami-Dade County. The
City would need to obtain a waiver from the subcommittees' requirement. In addition, in order to
make the January 22nd deadline, the Interlocal Agreements would need to be on Miami-Dade
County's January 20,2004 Agenda. Based on Miami-Dade County's Rules and Procedures it is not
possible for the City's Interlocal Agreements to go through both the subcommittees and the Board of
County Commission within the same month. Even if the item passed the County Commission on
January 20th,there is a ten day veto provision whereby the County Mayor could veto the Interlocal
Agreements. This time frame is not conducive to the City's Charter provision of a January 22,2004
deadline date. He related that there have been other cities that have negotiated their Interlocal
Agreements passed the 180 day. Therefore, that is an option on the table. He related that the City
Attorney can speak to if there are any legal ramifications if the City goes pass the 180 days(It took
Palmetto Bay 18 months to conclude its Interlocal Agreement negotiations).
Interim City Attorney Ottinot asked Mr. Green to provide him with a copy of the
correspondence from Miami-Dade County which referenced the 180 day timeline. He related that
Miami Gardens City Council
Minutes—December 10,2003 Page 12 of 22
he'd previous issued a legal opinion on the 180 day provision. He stated that the 180 day provision
is not a mandatory time line. He related that he'd discussed this issue with Legal Council for
Palmetto Bay as well as with the Interim City Manager of Doral. From those discussions the 180 day
provision was not an issue with the Interlocal Agreement. He expressed concern that Miami-Dade
County might be using a double standard if in fact it was imposing the 180 day time line on the City
of Miami Gardens and not with other newly incorporated municipalities. He questioned,if the 180
day provision is not an issue with Doral or Palmetto Bay why is it an issue with the City of Miami
Gardens.
Moved by Councilwoman Pritchett, seconded by Vice Mayor Campbell to workshop items
IOF, G. and H. Staff will coordinate a date and time certain for the workshop with Council
members.
At the conclusion of this discussion the motion to workshop Items I OF, I OG and 1 OH passed
by a 7-0 vote.
Councilman Braynon: Yes
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Bratton: Yes
Mayor Gibson: Yes
10G) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI
GARDENS FOR LOCAL POLICE SERVICES, ATTACHED AS EXHIBIT
"A"; IN ITS FINAL FORM; PROVIDING FOR AN EFFECTIVE DATE
(SPONSORED BY TRANSITION COORDINATOR)
10H) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI
GARDENS FOR SPECIALIZED POLICE SERVICES, ATTACHED AS
EXHIBIT "A"; IN ITS FINAL FORM; PROVIDING FOR AN EFFECTIVE
DATE (SPONSORED BY TRANSITION COORDINATOR)
RESOLUTION NO. 2003-49
10I) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING CITY ADMINISTRATION TO
ISSUE A REQUEST FOR QUALIFICATIONS FOR PARKS AND
RECREATION PROGRAMMING; PROVIDING FOR AN EFFECTIVE
DATE. (SPONSORED BY TRANSITION COORDINATOR)
Mr. Green recounted the chain of events leading up to this point. Tonight for the Council's
consideration is an RFQ for Park and Recreation Programming. The subsequent item,which is an
Miami Gardens City Council
Minutes—December 10,2003 Page 13 of 22
RFP relates to the maintenance and janitorial services for the City's parks. These documents have
been reviewed by the City Attorney for his suggestions and input.
Moved by Councilman Braynon,seconded by Councilwoman Watson to approve this item.
There being no discussion on this item, the motion carried by a 7-0 vote.
RESOLUTION NO. 2003-50
10J) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING CITY ADMINISTRATION TO
ISSUE A REQUEST FOR PROPOSALS FOR PARK MAINTENANCE;
PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY TRANSITION
COORDINATOR)
Mr.Green related that this RFP relates specifically to the maintenance and janitorial service
for the City's parks.
Moved by Councilwoman Watson, seconded by Councilman Bratton to approve this item.
There, being no discussion on this item, the motion carried by a 7-0 vote.
At approximately 11:55 p.m., it was moved by Councilman Braynon, seconded by
Councilwoman Watson to extend the meeting past 12 Midnight. There, being no discussion the
motion carried by a 7-0 vote.
Moved by Councilman Braynon, seconded by Councilwoman King to move Item 14B
forward on the Agenda to be heard prior to Item No. l OK. There, being no discussion the motion
carried by a 7-0 vote.
Please Note: The discussion on Item 14B is reflected in its respective place in the minutes.
RESOLUTION NO. 2003-51
10K) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS,FLORIDA,RELATING TO MIAMI-DADE COUNTY FUNDING;
STATING THE POLICY OF THE CITY OF MIAMI GARDENS THAT
SERVICES PROVIDED BY MIAMI-DADE COUNTY TO THE CITY OF
MIAMI GARDENS PRIOR TO THE ADOPTION AND EFFECTIVE DATE
OF THE INITIAL CITY BUDGET, EFFECTIVE OCTOBER 1, 2003, ARE
THE FINANCIAL RESPONSIBILITY OF MIAMI-DADE COUNTY;
DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE
ALL NECESSARY STEPS TO ENSURE THAT THE CITY POSITION
PREVAILS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN BRAYNON)
Councilman Braynon spoke to find solutions to the City's current and future financial
stability. He related that this item would not solve those issues but will provide a forum for the City
to start negotiations with Miami-Dade County to resolve the issue of the supposed debt. He related
that the Council as the leaders of this community must take this issue to Miami-Dade County. He
Miami Gardens City Council
Minutes—December 10,2003 Page 14 of 22
opined that this situation can be dealt with without Miami Gardens creating an adversarial
relationship with Miami-Dade County. He related that he's spoken about this issue as a supposed
debt this item gives the City a legal stand because of a legal avenue, as per the County's term of
Transitional Municipality. This City did not request that Miami-Dade County provide any
municipal services at the level that Miami-Dade County approved in their 2002-03 budget. Those
decisions were made by Miami-Dade County. It is clear that the decision to continue services at the
level of commitment is solely the decision of Miami-Dade County. It is clear in Miami Gardens'
Charter that Miami-Dade County is the municipal government for this area until such time the City
Council was in place and able to make informed decisions about the municipality. The City of
Miami Gardens has never agreed to pay Miami-Dade County any amount for these services. He
invited County Commissioner Jimmy Morales to come forward for comments on this item.
County Commissioner Morales related that he did not have the authority to negotiate with the
Council and certainly did not have the authority to tell people how to pick their future. He related
that as County Commission going through the incorporation process for Miami Gardens, the
Commission was excited about what was going to happen here. He opined that if the County
Commission was supportive of Miami Gardens receiving the FEMA funds intended for the parks,
then it would be equally supportive in working with the City officials to make sure this City
succeeds. He related that Miami-Dade County is prepared to roll up its sleeves and work with the
City in an effort to help it succeed.
Vice Mayor Campbell indicated that if this item is approved he wants to make a motion to
defer items l OF, l OG, and l OH.
Mr.Green indicated that in terms of police services,there are certain expenditures outlined in
the contract that are not controlled because we do not have a contract in place. If the Council defers
the items at this time and the services continue at the same level,there will be a budgetary effect.
Major Marshall appeared before the City Council to further expound on comments made by
Mr. Green. He said the number of officers was reduced as of December 1St. However because there
is no Interlocal Agreement in place,which means that the Miami-Dade Police Department could use
whatever resources deemed necessary for the safety of the residents because the direct budget will
reflect upon the City of Miami Gardens. He said if the items are deferred there will be a negative
financial impact for the City.
Mr. Green related that what is being paid to Miami-Dade County is not a reflection of what
the City budgeted for.
Councilwoman Pritchett referenced the second recommendation listed on the last page of the
document which provides for the retention of special financial and legal counsel to ensure that the
City's position prevails and asked for clarification.
Councilman Braynon related that the budget provides for the retention of Special Legal
Counsel, which is beyond the legal counsel.
Interim City Attorney Ottinot indicated that it is always good to establish a team when
dealing with Miami-Dade County. The in-house attorney has enough responsibility dealing with the
Miami Gardens City Council
Minutes—December 10,2003 Page 15 of 22
daily activities of the City. When dealing with Miami-Dade County, the City wants a team that is
focused on the issues with Miami-Dade County. He related that he was in agreement with
Councilman Braynon on that recommendation. He shared that he'd spoken with the City of Doral,
which is going through this same situation. The City of Doral has a financial consultant on their
team.
Councilwoman Pritchett inquired about the dollar allocated for Special Council or Financial
Consultant.
Mr. Green indicated that the budgeted amount is approximately $50,000.
Mayor Gibson emphasized the importance of bringing a financial consultant on board to go
over the numbers to ensure that Miami Gardens gets the best possible contract. She opined that the
City at this point is no match to deal with Miami-Dade County. She said the City is also going to
receive some addendums,which will reflect different numbers. She pointed out that in order to get
someone that is good$50,000 might not be enough. She opined that the Council is going to do what
it has to do to pay for these services.
Vice Mayor Campbell withdrew his motion to defer Items l OF, l OG and l OH and indicated
that he would address this matter at the appropriate time when the item comes up.
Moved by Councilman Braynon, seconded by Vice Mayor Campbell to approve this item.
There being no further discussion the motion to approve passed by a 7-0 vote.
11. REPORTS OF TRANSITION COORDINATOR
No report.
12. REPORTS OF MAYOR AND COUNCIL MEMBERS
11A) GENERAL REPORTS FROM MAYOR AND COUNCIL
MEMBERS
Councilwoman King announced that she would be out of town for the January 14th City
Council meeting.
13. REQUESTS,PETITIONS&OTHER COMMUNICATIONS FROM
THE PUBLIC:
13A) PUBLIC COMMENTS — 20 MINUTES
Mr. Joe Hodgen of 18622 NW 27th Avenue, Apt. 108, appeared before the City Council to
express his views about the selection of the City Manager and the vital role this individual will play
in the financial stability of the City of Miami Gardens.
Ms.Naomi Wright of 18330 NW 38th Court appeared before the City Council to express her
views about the Miami-Dade County Mayoral race and the fact that only two candidates show up for
tonight's council meeting. She congratulated the City Council for their courage and fortitude. She
Miami Gardens City Council
Minutes—December 10,2003 Page 16 of 22
further related that the majority of the citizens stand with the Council on the growth and
development of the City of Miami Gardens and offered her support and assistance.
Ms. Pat Lightfoot of 2750 NW 172nd Terrace appeared before the City Council to commend
the Council members for doing an excellent job during tonight's meeting. She indicated that there
were no school crossing guards on the County and State owned roads in the City of Miami Gardens.
She asked that the Council request that flashing lights be erected on those streets. She further
referenced the City Manager's appointment and related that this City needs somebody who is
qualified to address the pressing issues involved with the City of Miami Gardens.
Mr. Lawrence Wright of 4055 NW 183`d Street appeared before the City Council to convey
his opposition to Wal*Mart Superstore proposal. He said that the property Wal*Mart is proposing to
build its superstore on can be used more productively to benefit the youth and residents of this
community.
Mr. Lemuel Wims of 19632 NW 32nd Court appeared before the City Council to express
concern with the rate increase by the City of North Miami Beach for providing water and sewer
service to consumers residing outside of their city limits. He asked that the City of North Miami
Beach be invited to a City Council meeting to explain this increase to the residents of Miami
Gardens.
Mayor Gibson related that the City would invite the City of North Miami Beach to a City
Council meeting in order to explain this rate increase to the residents.
Ms. Janice Coakley of 19681 NW 33`d Avenue appeared before the City Council and
suggested that the new facility designated as City Hall provide additional seating on the outside of
the Chambers to accommodate the overflow of people attending the City Council meetings. She
further recommended using a sign-in speaker's list as opposed to sign in cards. This would ensure
that speakers signing in early would be called first. She asked that the City Manager's compensation
package be reviewed again.
Mayor Gibson referenced Ms.Coakley's recommendation about using a sign-in speaker's list
and indicated that the agenda format allows two sections for public comments. During the first
public comment section only three speaker cards were turned in.
Mr.Anselm Smith of 721 NW 187th Drive appeared before the City Council to commend the
City Council on its growth. He further conveyed his opposition to Wal*Mart Superstore locating
within the City of Miami Gardens. He conveyed that this property could be used for the mutual
benefit of the entire community (e.g. entertainment/community
center). In addition, Wal*Mart would also take business away from the small businesses in the
community.
Ms. Doris Johnson of 2031 NW 184th Street appeared before the City Council to commend
the City Council on the way it conducts City business. She further indicated that there are a number
of rumors floating around in the community.
14. SPECIAL PRESENTATION(S)
Miami Gardens City Council
Minutes—December 10,2003 Page 17 of 22
14A) WAL*MART
Ms.Hope Calhoun representing Wal*Mart Stores appeared before the City Council to advise
that her company is proposing to build an approximate 210,000 square foot Wal*Mart Super
Center. This proposal will have a great design with a raised ceiling, with wider isles for even
access. This proposed site of this facility is 199 Street NW 27th Avenue.
Mr.Derrick Parrish the Project Manager for this project appeared before the City Council to
discuss the site plan. A proposal is being made to change the traffic signal at NW 27th Avenue to
allow for a four-sided intersection. He indicated that landscaping is included to provide for
additional buffering and screening between the site and the residential development.
Councilwoman King asked for clarification as to the location of the traffic light.
Mr. Parrish said the street modification would take place on 199`" Street NW 26th Avenue.
The actual traffic light did not align up to a street. The existing traffic signal at 191 st Street will line
up with the proposal being made. He related that his staff has been working with the department of
transportation to determine how this would work out for the entire development.
Councilwoman Pritchett inquired as to how many jobs the creation of this Super Wal*Mart
would generate in this area.
Ms. Calhoun replied approximately 450 and 500 jobs, which both full and part-time
positions.
Councilwoman Pritchett asked about the projected completion date.
Mr. Calhoun said that it is too early in to process to provide a completion date.
Councilman Bratton inquired how would Wal*Mart enforce the unauthorized parking by
individuals going to Pro-Players Stadium.
Susan Madley representing Wal*Mart Super Store appeared before the City Council and
stated that they haven't quite figured that out yet.
Councilman Bratton asked if Wal*Mart was aware of the proposal to have the Metrorail
station come down 27th Avenue.
Mr. Parris indicated that the plans are modified to address this matter and will continue to
monitor the situation and make whatever modifications necessary.
Mayor Gibson related that she'd met with some of the representatives from Wal*Mart and
opined that the design of this Wal*Mart should be something that this Council has an opportunity to
look at.
Ms.Madley said that Wal*Mart representatives were here tonight to get this Council's input.
14B) School Crossing Guards Presentation
Miami Gardens City Council
Minutes—December 10,2003 Page 18 of 22
Mr.Joe Faluade appeared before the City Council to provide an outline of a School Crossing
Guard program for the City of Miami Gardens. He related that his company has been providing
School Crossing Guard Service to the City of Davie since 1995. The City of Aventura is also
utilizing Kemp Services for school crossing guard services and is piggybacking off of the Davie
contract.
Mayor Gibson related that she was aware that Mr. Green had contacted Kemp Services about
making a presentation before the Council for school crossing guard services for the City of Miami
Gardens. She asked Mr. Faluade to elaborate on what he'd found at the different site locations
within the City the number of personnel and the cost he would propose for the City of Miami
Gardens.
Mr. Faluade related that for every ten officers a supervisor is required. At present Miami-
Dade County has one supervisor for the school crossing guards currently in place in the City of
Miami Gardens.
Mr. Green shared that he'd received additional information from Miami-Dade County that
ascertains that the School Crossing Guards work an average of 820 hours per guard for a 12 month
period. Miami-Dade County's charge for those hours is 1.067 Million dollars. Based on the
information provided by Kemp Services at a rate of$12.87 per officer,per hour the cost would be
$577,800 for the period January through September this cost represents a total of 73 officers,
including supervisors. Miami-Dade County's cost for that same time period would be approximately
$825,000. State law does not require that the School Crossing Guards have uniforms. However
there is a requirement that they have a vest, stop sign, and a raincoat. This expenditure, which the
City of Miami Gardens is responsible for is estimated at $50.00 per officer, which equates to
approximately$3,850. In addition,there is an annual certification the officers have to go through.
This is a six hour training process, where the officers would have four hours of class room training
and two hours of on site job training. The City would be responsible for the four hours in class
training. The four hours of training cost is$7,920.00. The total cost including school crossing guard
service for the 73 officers,the necessary equipment and training is approximately$588,000,which is
still less than the $825,000 being charged by Miami Dade County.
Councilwoman Watson asked how many other municipalities in Miami-Dade County have
opted to provide their own school crossing guard service rather than contracting with Miami-Dade
County to provide the service.
Mr.Green related that he did not have a number to provide however from a conservation with
Mr. Morris, the County's Budget Director he found out that other municipalities in Miami-Dade
County bring this service in house as part of the City's police department.
Councilwoman Watson asked Mr. Faluade what recruitment process would be used to hire
those individuals currently hired by Miami-Dade County who are providing this service to the City.
She related that the majority of those individuals are residents of Miami Gardens.
Mr.Faluade said that letters would be written to those individuals offering them employment
with Kemp Services.
Miami Gardens City Council
Minutes—December 10,2003 Page 19 of 22
Councilwoman Watson inquired as to how long has Kemp Services been providing this type
of service to municipalities. In addition she asked Mr.Faluade to expound on the two proposals he'd
presented to Mr. Green.
Mr. Faluade indicated that he provided two proposals: 1) for $15.00 per person per hour,
Kemp Services would provide 67 school crossing guards and 7 supervisors.Kemp would provide the
training and certification as well as the safety vest,stop signs and raincoats;2)for$12.87 per person,
per hour the City can piggyback with the Town of Davie for School Crossing Guard Service. This
does not include the cost of training and certification,nor does it include safety vests, stop signs or
raincoats. In addition, Kemp Services just entered into a contract with the City of Aventura to
provide this service. However,Kemp Services has been providing the service for the Town of Davie
for five years.
Vice Mayor Campbell shared that he'd received information from the Miami-Dade County
police department that if the City did not retain their services those school crossing guards would not
lose their jobs they would be relocated to other areas in unincorporated Miami-Dade County. He
questioned whether the City needed 67 school crossing guards because there are a number of County
and State roads running through the City of Miami Gardens, and is not under the jurisdiction of the
City.
Mayor Gibson shared that she's check as to whether the State provided school crossing
guards on State owned roads and was told that the State did not provide this service on their roads.
Councilwoman Pritchett inquired as to the number of schools Kemp Services provided school
crossing guard services to in the Town of Davie.
Mr. Faluade replied that there were seven schools.
Councilwoman Pritchett asked if all seven schools were elementary schools.
Mr. Faluade replied that there was one middle school.
Councilwoman Pritchett inquired about the cost associated with the certification for each
school crossing guard.
Mr. Green provided clarification to Councilwoman Pritchett's question. He related that the
requirement is four hours of classroom training, which amounts to $12.87 per hour per employee.
The City would pay for this certification.
Councilwoman Pritchett asked if insurance or other medical benefits were provided to the
employees.
Mr. Faluade replied that Kemp Services did not provide those types of benefits.
Councilwoman Pritchett asked that regardless to what the school crossing guard was making
with Miami-Dade County, Kemp Services would start them out with $8.00 an hour.
Mr.Faluade said that it is our policy to start everyone at$8.00 an hour. Other cities pay their
school crossing guards minimum wage and those cities often have problems and Kemp Services do
Miami Gardens City Council
Minutes—December 10,2003 Page 20 of 22
not have this problem because they are paid more than minimum wage.
Councilman Bratton inquired about the maximum pay range.
Mr. Faluade said that Kemp Services did not have a maximum.
Councilman Braynon asked Attorney Ottinot to explain the "piggybacking"process.
Attorney Ottinot said that it has been mentioned that Aventura has"piggy backed"off of the
Town of Davies's contract. The Town of Davie was the first municipality to negotiate with Kemp
Services and they negotiated a set price. That set price served to express the terms and conditions
that were negotiated with the Town of Davie. No only will it give a set price but also under the law
allows a municipality to piggyback off of a set contract without having to go out for a competitive
bid process.
Councilwoman Watson referenced the discrepancy between the two million and one million
dollars worth of insurance and asked Mr. Faluade to clarify.
Mr.Faluade related that Kemp Services has several companies.Under the security part of the
business there is 2 million dollars. Under construction we have another million dollars. The City of
Davie required a minimum state required insurance, both for general liability and worker
compensation. State law requirement is $300,000.
Councilwoman Pritchett inquired about the minimum duration of a school crossing guard
contract.
Mr. Faluade related that the initial contract with the Town of Davie was for one year. The
contract was then bided out. After the bid process the Town of Davie awarded the contract for a
three year period. The most recent contract with Davie is for a three year period.
Councilwoman Watson inquired about the time sensitivity of the contract the City has
extended to Miami-Dade County for school crossing guard services.
Mr. Green said that according to the letter that was written to the Miami-Dade County police
department there is no definite deadline as to when they will stop providing school crossing guard
services. The letter indicated that the City would give 45 days notice prior to extending the contract
or to outsourcing the service. The service presently being provided by Miami-Dade County is
costing approximately$83,000 per month.
Mayor Gibson emphasized the importance of the Council making a decision on this particular
item.
Councilwoman Watson asked how soon would Kemp Services be able to take over the school
crossing guard program in Miami Gardens.
Mr. Green shared that representatives from Kemp Services indicated that they would be ready
to assume service once the City has given the 45 days notice. If the notice is done immediately,
Kemp Services would be ready to assume service by the third week in January 2004. He emphasized
Miami Gardens City Council
Minutes—December 10,2003 Page 21 of 22
that the school crossing guard service was not provided for in 2003-04 budget. Even though the
funds were not allocated this is an essential expenditure therefore,moneys must be found within the
adopted budget to cover the cost.
Councilwoman Pritchett requested that she be provided with a written copy of the proposal
from Kemp Services.
Mr. Green related that this information would be provided.
Councilman Bratton asked what method of payment would be utilized to pay for this service.
Mr. Green indicated that the payments would be made on a monthly basis.
Councilwoman Watson said that in consideration as to how the City has to move
expeditiously in getting school crossing guards and saving the City money,she moved to direct staff,
including the Interim City Attorney to enter into negotiations with Kemp Services for school
crossing guard services, with the final contract coming back to the Council for approval. This
motion was seconded by Councilman Braynon. Motion carried by a 7-0 vote.
Mr. Green related that staff would work diligently to bring this contract back to Council for
final approval at the January 14th Council meeting.
At the conclusion of this discussion, the motion carried by a 7-0 vote.
Mayor Gibson announced to the audience that there will be school crossing guards. She said
that the Council is very concerned about the children and did not want them to be without school
crossing guards. The Council had to come up with a way to make that happen, and has been
successful in accomplishing that goal. She asked that the audience inform their neighbors that the
school crossing guard service will continue.
Moved by Councilman Braynon, seconded by Councilwoman Watson to go back to the
official agenda. The motion carried by a 7-0 vote. The next item for discussion is Item l OK
15. ADJOURNMENT:
There,being no further business to come before this body,the meeting adjourned at 1:30 a.m.
� r
S G' son, Mayor
Attest:
4w�— -
onetta Taylor, CNV
City Clerk
Miami Gardens City Council
Minutes—December 10,2003 Page 22 of 22