HomeMy WebLinkAboutJuly 14, 2004 INDEX
CITY COUNCIL MINUTES
July 14, 2004
1 Called to Order/Roll Call of Members................................... Page 1-3
2. Invocation.................................................................... Page 3
3. Pledge of Allegiance........................................................ Page 3
4. Approval of Minutes........................................................ Page 3
4A) Approve Minutes of City Council Meeting of June 23, 2004... Page 3
5. Agenda/Order of Business(Additions/Deletions/Amendments
There were none............................................................. Page 3
Resolution replacement for Item No. I OA............................... Page 3
6. Special Presentations:
6A) Michael Miller—Miller Publishing Company..................... Page 3
6B) Miami Gardens/Carol City District Police Department Monthly
Status Report................................................................. Page 3-4
6C) Illegal Dumping Presentation
Miami Gardens/Carol City District Police Department................ Page 4-5
Mara Austin, Chief of Enforcement—Miami-Dade County Solid
Waste.......................................................................... Page 5-7
6D) Miami Gardens/Carol City District Police—Certificate of
Appreciation.................................................................. Page 7
6E) Carmen Caldwell, Executive Director, Miami-Dade Citizens
CrimeWatch.................................................................. Page 7-8
7. Ordinance(s) for First Reading
7A) Amending Ordinance No. 04-06-22 entitled Alarm System
Registration................................................................... Page 8-9
8. Ordinance(s) for Second Reading(Public Hearings)
8A) Ord. #2004-14-30 Repealing Section 33-8 of the Code of
Miami-Dade as adopted by Section 8.3 of the Charter of the City
ofMiami Gardens............................................................ Page 9-11
9. Public Comment.............................................................. Page 11-13
10 Resolutions
IOA) Res. 2004-67-118 Authorizing the Mayor and City Clerk to
execute and attest, respectively, that certain interlocal agreement with
Miami-Dade County for Employee Insurance Benefits.................. Page 13-14
1 OB)Res. #2004-68-119 Authorizing the City Manager to negotiate
with and execute an agreement with D &J Enterprises, Inc. .......... Page 14
11. Report of the City Attorney(No report).................................... Page 14-15
12. Reports of City Manager..................................................... Page 15
13. Reports of Mayor and City Council Members
13A) General Reports from Mayor and City Council Members........ Pagel5-16
14 Requests, Petitions & Other Communications from the Public
14A) Public Comments....................................................... Page 16
15. Special Presentation(s) (There are none).................................... Page 16
16. Adjournment..................................................................... Page 16
CITY OF MIAMI GARDENS
REGULAR CITY COUNCIL MINUTES
July 14, 2004
1. CALL TO ORDER/ROLL CALL OF MEMBERS:
The City Council of the City of Miami Gardens, Florida, met in regular session on
Wednesday,July 14,2004,beginning at 7:15 p.m.,in the City Council Chambers at City Hall, 1515
NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida.
The following members of the City Council were present: Mayor Shirley Gibson, Vice
Mayor Aaron Campbell, Jr., and Council members Audrey J. King, Melvin L. Bratton, Sharon
Pritchett and Oscar Braynon, II. Councilwoman Barbara Watson was out of town.
Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K.
Knighton and City Clerk Ronetta Taylor.
Mayor Gibson broached the subject of participating in council meetings by electronic means
and indicated that Councilwoman Watson was requesting to actively participate in tonight's Council
meeting, electronically via telephone. Prior to this meeting, Attorney Knighton provided each
Council member with information from the State of Florida Office of the Attorney General, which
referenced these kinds of requests from members of committees, City Councils and or City
Commissions, and State Agency Committees. The information provided by Attorney Knighton
indicates that provisions can be made when this type of request is presented. It is left up to the
Council to make a final decision as to whether a member will be allowed to participate in the
meeting via telephone or some other electronic means.
Vice Mayor Campbell inquired as to whether this request would require a motion and a vote
from the Council.
Mayor Gibson replied that it would.
Councilman Braynon referenced the documentation provided, as it related to extraordinary
circumstances and asked if it was known what those circumstances are for this meeting.
Mayor Gibson related that the circumstances surrounding this request involve a trip that was
planned some months prior, and conflicts with this particular City Council meeting.
Councilwoman Pritchett asked for clarification because the information provided by Attorney
Knighton provides for a medical emergency, whereas this trip has to do with a scheduling conflict.
Attorney Knighton explained that the information provided does not require that the
circumstance be a medical emergency. The Attorney General issued two opinions: The first opinion
did involve a medical emergency. The question to the Attorney General was, under what
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Minutes—July 14,2004 Page 1 of 16
circumstances, a board member can appear by phone. The Attorney General decided that under
accident circumstances, with a medical condition being one, a board member could appear
electronically,as long as there is a quorum at the actual meeting place;the second opinion rendered
recently,indicates that so long as there are extraordinary circumstances,which were not defined,the
board member could appear electronically. However,the Attorney General did not define what those
extraordinary circumstances were. The determination of what is extraordinary is left to the
Board/Council.
Councilwoman Pritchett related that the information provided by Attorney Knighton
indicated that video equipment should be used so that the person can see the Board and the residents
as well as the Board and residents being able to see the individual participating electronically. She
asked if this requirement was in place for this evening.
Attorney Knighton said there are no requirements that this be done by video, as well as no
prohibition against using the telephone.
Councilman Bratton opined that this could be opening Pandora's Box if this is allowed to
happen.
Councilwoman King concurred with Councilman Bratton's statement. She asked who
accepts the expenses for the conference call.
Mayor Gibson related that this would be a City expense because the call would be initiated
from the City Council Chambers.
Councilwoman Pritchett asked Attorney Knighton,whether the Council should put something
in place for future references, depending on what is decided tonight. She conveyed her belief that
there should be some kind of procedure in place in order to initiate this kind of circumstance. She
asked if the procedure should be put in place first or should it be done on a case by case basis.
Attorney Knighton opined that it should be done on a case by case basis. However,if it is the
will of the Council to permit these types of phone calls, then Councilwoman Pritchett is correct,
there needs to be some policies in place from staff's perspective, as it relates to proper notice and
other provisions that would have to be made. She opined,as far as making that determination as to
what an extraordinary circumstance is, should be made on the dais.
Councilman Bratton referenced the charter provision in regard to Council members missing
meetings. He asked how that Charter provision would apply to this type of telephone request.
Attorney Knighton related that the Council member would not be considered absent because
they will be participating in the meeting via electronic means. However,that individual would not
be able to make quorum because in order to have that, the person must be present.
Mayor Gibson opined, the Council needs to consider this type of request on a case by case
basis because it will be difficult to understand what those circumstances may be to any particular
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Minutes—July 14,2004 Page 2 of 16
person, who might not be at the meeting.
Councilwoman Pritchett put emphasis on the importance of putting procedures in place to
address this situation.
At the conclusion of this discussion, Mayor Gibson asked for a motion on Councilwoman
Watson's request. Due to the lack of a motion, no action was taken on matter.
Mr. McHugh, Assistant City Manager was directed to contact and advise Councilwoman
Watson on the outcome of this discussion.
2. INVOCATION:
The Invocation was delivered by Mayor Gibson.
3. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
4. APPROVAL OF MINUTES:
4A) Approve Minutes of City Council Meeting of:
Regular Council Meeting - June 23, 2004
Moved by Councilman Braynon,seconded by Vice Mayor Campbell to approve the minutes
with the following corrections: page 2,line 24 change the Council member's surname from Bratton
to Braynon;page 9,lines 11,add the word has after the words Miami Dade County, line 12 the word
agreement should be plural.
There being no further discussion, the motion passed and carried by a 6-0 vote.
5. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/
AMENDMENTS):
There were no additions/deletions/amendments to the official agenda.
6. SPECIAL PRESENTATION(S):
6A) Michael Miller—Miller Publishing Company
Mr. Miller was not present for this presentation.
6B) Miami Gardens/Carol City District Police Department Monthly Status Report
Captain Donald Rifkin provided the monthly status report. The overall crime for this
reporting period has been reduced by 11%. Specialized police report will be forthcoming to the City
Council at a later date.
Mayor Gibson asked if Captain Rifkin could provide an estimated number of the calls
holding time period, or how many calls may be holding.
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Minutes—July 14,2004 Page 3 of 16
Captain Rifkin indicated that he was not prepared with that information but would provide it
at a later date. The last Study indicated that there were not a large number of calls holding. He said
that he would provide this information at the next City Council meeting.
6C) Illegal Dumping Presentation
Miami Gardens/Carol City District Police Department
Captain Rifkin related that at the last Council meeting, the Council had asked for a
presentation by the Intergovernmental Bureau Illegal Dumping Unit and Task Force,as it related to
the area of 215th Street near the County's dump site.
Detective Sears and Investigator James,both with the Criminal Dumping Investigation Unit
of the Miami Dade County Police Department,appeared before the City Council to further expound
on this matter. Detective Sears and Investigator James are assigned to the North Unit and are
responsible for all the territory in Miami-Dade County, north of Flagler. H
Detective Sears indicated that his unit focuses on quality of life issues and have taken it upon
themselves to focus on Miami Gardens, in particular NW 215th Street, because this area is an
eyesore. The reason being, it is located near the North Dade Landfill; and because it is near this
landfill some people, for various reasons, find it convenient to dump on the side of the road within
that community.
Investigator James reported that since January 1, 2004, 43 cases have been worked
throughout the Miami Gardens area. Of those 43 cases,29 were specifically enforced on NW 215"'
Street. Of those 29 cases, 19 have lead to citations, five of those lead to arrest and several more are
still pending. Fines are in excess of$6,000.00. Of those 19 citations, 12 were Miami Gardens'
residents, which represent 64% of the number of citations. Of the others, one was a non-resident;
five of those came from Broward County(Miramar and Pembroke Pines and one from Palm Beach
County). The five arrest made were Miami Gardens residents, of the eight cases remaining, three
were city residents, two came from businesses within Miami Gardens, who dumped in Miami
Gardens, and two came from non-residents,either Opa-locka or Hialeah. Overall, since January 1,
2004, more than $12,000.00 in fines has been levied within the City of Miami Gardens.
Detective Sears shared that the State Statutes provides for whether an arrest or citation is
warranted,where illegal dumping is concerned. In other cases,there are piles of trash that can not be
investigated due to the lack of a lead. He opined that perhaps education is the key to deterring
illegal dumping. He suggested starting this educational process with the youth of this community.
Councilman Bratton asked Detective Sears how large was the staff of the North Unit.
Detective Sears indicated that there are six investigators. The hours of operations are
normally 8:00 a.m. to 4:00 p.m.; however staff works extra hours and often adjusts their shifts.
Councilwoman Pritchett asked how often did the Miami Dade County's Solid Waste
Department Community Service Unit assist with the removal of the debris.
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Minutes—July 14,2004 Page 4 of 16
Detective Sears related that Solid Waste handles the removal of the illegal dumped debris,
and would have to explain their process. It is the police department's responsibility to apprehend
the subject when caught in the progress of illegal dumping,and having that individual to clean it up.
He shared that the Community Service Unit had cleaned up the 215th Street area approximately one
month ago, and as soon as it was cleaned up, more trash was dumped.
Councilwoman Pritchett opined that if there were more"No Dumping"signs posted along the
corridor of 215th Street, it might serve as a deterrent even to one person.
Detective Sears related that he was not sure about this because most of the dumping occurs
under the "No Dumping" signs.
Councilwoman Pritchett volunteered to work with Detective Sears,to empower the students
in the schools, with the educational pamphlets, to understand why it is important not to illegally
dump; and if there were no objections from the Council,would exchange contact information with
Detective Sears after this presentation.
Councilwoman King thanked Detective Sears for his commitment and passion and his efforts
to deter illegal dumping within the City of Miami Gardens. She concurred with the importance of
educating the youth about this type of illegal activity; and asked that Detective Sears provide his
contact information so that she can provide it to the local churches.
Detective Sears related that when it comes to the quality of life, his department is going
through a lot of training to make sure that the officers and trainees are aware of quality of life issues
and how to address them.
Councilwoman Pritchett asked if Detective Sears could provide enough educational
information at City Hall, so that those residents attending the City Council meetings can avail
themselves.
Mayor Gibson related Detective Sears can provide this information to the City Clerk or the
Receptionist for distribution at the City Council meeting.
Manager Crew related that he would have Ms. Codner, Director of Keep Miami Gardens
Program, meet with Detective Sears and Investigator James, to assist with the coordination of this
effort.
Mayor Gibson thanked Detective Sears and Investigator James for their passion,commitment
and efforts on behalf of the City of Miami Gardens.
Mara Austin, Chief of Enforcement—Miami-Dade County Solid Waste
Mr.Charles Parkinson,Assistant Director of Solid Waste Management,with offices at 8675
NW 53`d Street, Miami,Florida, appeared before the City Council to further expound on the illegal
dumping and the Community Service Unit. He acknowledged the excellent job being done by
Detective Sears' and Investigator James' illegal dumping unit. He related that there has been
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Minutes—July 14,2004 Page 5 of 16
between a 35-37 percent decrease, in illegal dumping instances over the past 12 months. Miami-
Dade County Solid Waste Department provides residential waste services for residents of the City of
Miami Gardens, which specifically address illegal dumping. If a resident experiences illegal
dumping in the front of their property, or on the swale in front of their property, they can call to
report this activity. As a result of that resident taking a pro-active approach, the Solid Waste
Department will come out and pick up the illegal trash,if the Miami Dade County Police Department
or Miami-Dade County's Code Enforcement can not identify the person who perpetrated that crime.
Mr.Greg Bethal a supervisor with the Miami Dade Solid Waste Department appeared before
the City Council to further expound on this subject. The Solid Waste Department is doing pro-active
enforcement as it relates to identifying potential violations. Upon identifying those violations,the
resident is notified of an infraction existing either around or on their property. In term,residents will
call indicating they did not commit the crime. One of the remedies offered, is that if a property
owner calls the Solid Waste Department,to report that someone has dumped trash or debris either on
or around their property, prior to the warning notice being issued, the department will take the
necessary steps to have that debris or trash removed at the department's expense.
Councilman Braynon asked whether a property owner will receive a citation if a neighbor
calls and reports a trash pile on that property.
Mr. Bethal said if a complaint is received about a trash pile in front of a residence. The
Department will go out and issue a warning notice to the person with the trash pile in front of their
property, provided they have not already called for a scheduled trash pick up.
Councilwoman Pritchett asked if this information has been shared with the homeowners in
the Miami Gardens area, so that they know who to call to report this kind of activity.
Mayor Gibson interjected and invited Mr. Christopher Steers,the City's Assistant to the City
Manager for Business Services to come forward to further expound on this matter. She related that
the City of Miami Gardens now has its own Code Enforcement Division. The City is asking the
citizens of the City of Miami Gardens to call the City's Code Enforcement Division to register their
complaints.
Mr. Steers appeared before the City Council and related that the City has been pro-active in
that respect as well. Warning citations are issued,as well as verbal communication. There is also a
coordinated effort between the City and Miami Dade County Solid Waste Department.
Councilwoman King referenced the area of 167th Street NW 17th Avenue and related that this
area is frequently used as a dump site,with the trash and debris being dumped behind the residential
homes in this area.
Councilman Bratton asked if residents were allowed to put out bulky items for the second
weekly scheduled garbage pickup.
Mr. Parkinson related that in the current budget year, Miami-Dade County Solid Waste
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Minutes—July 14,2004 Page 6 of 16
Department had to eliminate the second day bulky pickup. The annual bulky pickup is only used by
about 15%of the 300,000 customers. The Department is currently working to extend that service in
the upcoming budget year.
Councilman Bratton inquired as to why the question,"are you the property owner",is asked
when someone calls to report a trash pile.
Mr. Bethal related that anytime there is a complaint generated as it relates to trash, the
Department will try to determine if the caller wants to provide information relating to whom the
caller is, or what is their relationship to the situation. This information is useful and assists the
officers going out to do the investigation.
Councilman Bratton asked how many Code Enforcement staff members are currently
assigned to the Miami Gardens area.
Mr.Bethal indicated that currently there are two staff members. If there is a need to increase
that number at any given time, it can be done.
Councilwoman King inquired as to the media being used by the Miami Dade County Solid
Waste Department,to inform the residents of the changes being made to the trash pickup schedule.
Mr. Bethal said this information is on the County's website. In addition, the Code
Enforcement personnel leave a door hanger on those properties that have bulky items on their
property.
Mr. Parkinson further suggested doing a direct mail-out to the residents, within the next 30
days to inform the residents of the changes in service.
Councilwoman Pritchett asked if the Miami Dade County Solid Waste Department had an
emergency plan that would help this area,in terms of trash and debris pickup,as a result of a natural
disaster.
Mr. Parkinson related that the Public Works Emergency Plan is directed by the Office of
Emergency Management, and is divided into zones in the unincorporated areas.
Mayor Gibson thanked Mr. Parkinson and Mr. Bethal for making this presentation at
tonight's meeting.
6D) Miami Gardens/Carol City District Police Department—Certificate of Appreciation
Mayor Gibson along with the City Council members presented Chief Willie B.Marshall with
a Certificate of Appreciation for his professionalism,hard work and exemplary service to the City of
Miami Gardens, May 13, 2003 - July 5, 2004.
6E) Carmen Caldwell, Executive Director, Miami-Dade Citizens Crime Watch
Mr. Richard Strong with offices at 1515 NW 791h Avenue, Doral, Florida, appeared before
Miami Gardens City Council
Minutes—July 14,2004 Page 7 of 16
the City Council to provide information regarding Citizens' Crime Watch Program in Miami-Dade
County. The Citizens' Crime Watch Program has been active in the Miami Gardens/Carol City
District Police Department,since the incorporation of the City of Miami Gardens. The Crime Watch
Program via its Youth Crime Watch Program is also represented in 268 of the 324 Schools in the
Miami-Dade County Public School System. The Gang Initiative Program has been implemented in
both the Carol City Middle and High Schools.
Councilwoman King referenced the Crestview Crime Watch Association and asked why this
group was no longer active.
Mr. Strong related that the chairperson for the Crestview Crime Watch Association died and
because the crime was down in this area,the neighbors did not show an interest to continue with the
program. He further announced that National Night Out will take place, August 2, 2004, which is
the first Tuesday of the month.
Councilman Bratton asked if Mr. Strong was familiar with the Citizens Corp and asked that
he meet with Mr. Clausell after tonight's meeting to work on this issue.
7. ORDINANCES) FOR FIRST READING:
7A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ORDINANCE NUMBER 04-06-22
ENTITLED"ALARM SYSTEMS REGISTRATION";AMENDING SECTION
4 ENTITLED "REGISTRATION OF ALARM SYSTEMS REQUIRED":
AMENDING SECTION 7 ENTITLED "ALARM REGISTRATION FEE";
AMENDING SECTION 8 ENTITLED "DUE DATE FOR PAYMENT AND
TERM OF ALARM REGISTRATION"; AMENDING SECTION 10
ENTITLED "PROPER ALARM SYSTEMS OPERATIONS AND
MAINTENANCE"; PROVIDING FOR WAIVER OF RENEWAL FEES;
PROVIDING FOR AN ANNUAL REGISTRATION PERIOD; PROVIDING
FOR SEVERABILITY,INCLUSION IN THE CODE AND PROVIDING FOR
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
It was moved by Councilman Braynon, seconded by Councilman Bratton to approve this
ordinance on first reading.
Christopher Steers, Assistant to the City Manager for Business Services explained the
relevant issues involved with this ordinance.
Manager Crew further expounded on this particular ordinance and indicated that some of the
pertinent issues should have been caught in the original ordinance.
Councilwoman Pritchett inquired as to whether Mr. Young had been notified of the steps
being taken,with this ordinance,to address the concerns he'd raised at the last City Council meeting.
Mr. Steers indicated that he did not have a phone number for Mr. Young,however an officer
Miami Gardens City Council
Minutes—July 14,2004 Page 8 of 16
did make contact with him today, notifying him of the actions to be taken by this Council at
tonight's meeting.
Councilwoman Pritchett related that it is important for the City's residents to know that the
City is trying very hard to address concerns raised.
Mayor Gibson inquired as to the start up cost for the Alarm Registration Program.
Mr. Steers related that the City spent approximately$4,000.00,not counting staff time. This
is only the first part the second part is monitoring the false alarms.
Mayor Gibson related that it is important to continue to share with the audience,anything that
this city does have to be paid for, and the money has to come from someplace. The City Council
wants to make sure that the City is fair and that the residents gets their moneys worth. The City has
spent a lot of dollars to implement this program.
Clerk Taylor indicated that a correction would be made to page 3, line 30 the word
"Commission" would be changed to "Council".
At the conclusion of this discussion, the motion passed and carried by a 6-0 vote.
Councilman Braynon: Yes
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Out of town
Councilman Bratton: Yes
Mayor Gibson: Yes
8. ORDINANCE(S) FOR SECOND READING (PUBLIC
HEARINGS):
ORDINANCE NO. 2004-14-30
8A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, REPEALING SECTION 33-8 OF THE CODE OF
MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE
CHARTER OF THE CITY OF MIAMI GARDENS, TO CREATE A NEW
SECTION ENTITLED "CERTIFICATES OF USE", CREATING
DEFINITIONS; PROVIDING FOR THE REQUIREMENT OF A
CERTIFICATE OF USE; PROVIDING FOR APPLICATION PROCEDURES;
PROVIDING FOR SPECIFIC GROUNDS FOR DENIAL; PROVIDING FOR
RENEWALS OF CERTIFICATES OF USE; PROVIDING FOR A DISPLAY
OF CERTIFICATE; PROVIDING FOR DUTIES OF THE CITY;
PROVIDING FOR EXAMINATION OF RECORDS; PROVIDING FOR
RIGHT OF INSPECTION; PROVIDING FOR THE TERM OF
Miami Gardens City Council
Minutes—July 14,2004 Page 9 of 16
CERTIFICATE OF USE AND TRANSFER; PROVIDING FOR FEES
UTILIZING AN ADOPTED ZONING FEE SCHEDULE; PROVIDING FOR
USE OF THE ZONING CLASSIFICATION MANUAL; PROVIDING FOR
APPROVAL OF BUSINESS LOCATIONS; PROVIDING FOR LOST OR
STOLEN CERTIFICATES; PROVIDING FOR CIRCUMSTANCES UNDER
WHICH A CERTIFICATE MAY BE DEEMED NULL AND VOID OR
ILLEGAL; PROVIDING FOR REVOCATION PROCEDURES PURSUANT
TO WHICH A CERTIFICATE OF USE MAY BE REVOKED; PROVIDING
PENALTIES FOR VIOLATIONS; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
Manager Crew explained that the City had adopted Miami-Dade County's Certificate of Use
Program when it adopted that Code. This ordinance requires businesses within the City of Miami
Gardens to get a Certificate of Use from the City of Miami Gardens. The program provides quite a
bit of protection for the city by ensuring that the businesses are operating in the proper zones. It also
provides that a Certificate of Use can be denied if there is an active code violation at that location.
It was moved by Vice Mayor Campbell,seconded by Councilman Bratton to adopt this item.
Councilman Braynon asked whether Miami-Dade County had discontinued charging
Certificate of Use fees.
Mr. Steers indicated that Miami-Dade County was still charging for new Certificate of Use.
Manager Crew shared that the Master Interlocal Agreement with Miami Dade County was
amended to provide for the City's taking over this program as of October 1, 2004. That provision
provides that any renewals and the funds associated with those renewals, received by Miami Dade
County will be transferred to the City of Miami Gardens.
Councilwoman Pritchett,referenced page 5,under Section 8"Application Procedures"Item
No. 1 A, and recommended requiring the applicant's telephone number along with the requested
name, address, and phone number. She opined that this is a tool that would be helpful when it is
necessary to contact an applicant.
It was moved by Councilwoman Pritchett, seconded by Councilman Braynon to amend the
Ordinance to include in Section 8A, (IA) that applicant provide their telephone number.
At the conclusion of this discussion,the motion to amend passed and carried by a 6-0 vote.
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Miami Gardens City Council
Minutes—July 14,2004 Page 10 of 16
Councilwoman Watson: Out of town
Councilman Bratton: Yes
Councilman Braynon: Yes
Mayor Gibson: Yes
Mayor Gibson opened the floor for the public hearing.
Ms. Mary Crawford Crumbley, residing at 2925 NW 206th Street, Miami Gardens, Florida,
appeared before the City Council to request something from the Council that would enable her
father to receive a lease on a property. She related that her father's current business location is
being demolished due to the pending Rapid Rail construction.
Mayor Gibson related that she was not aware of any upcoming issues like this and asked that
Ms. Crumbley met with the administrative staff for direction as to where she would need to go
about this particular issue.
After there were no other interested parties to speak on behalf of this item,the public hearing
was closed.
Councilwoman Pritchett referenced page 7, Item F, under name and signature the language
"the applicant shall print and sign his name" and recommended making this language gender
inclusive.
Attorney Knighton related that this change will be corrected as a scrivener's error.
At the conclusion of this discussion,the motion to adopt as a whole passed and carried by a
5-0 vote.
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Out of town
Councilman Bratton: Yes
Councilman Braynon: Out of room
Mayor Gibson: Yes
9. PUBLIC COMMENT - 10 MINUTES
Dr. Lester Brown, residing at 18801 NW 291h Court, Miami Gardens, Florida, appeared
before the City Council to recommend getting more publicity out about the positive initiatives(e.g.
clean and crime free) the City is undertaking.
Ms. Cheryl Meriedy, residing at 20730 North Miami Avenue, Miami Gardens, Florida,
appeared before the City Council to express concern with the number of commercial vehicles
parking within residential neighborhoods. She shared that she is a member of a group of residents
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Minutes—July 14,2004 Page 11 of 16
in her neighborhood, who are trying to initiate a beautification in her neighborhood. She further
expressed concern with the commercial trucks parking on a vacant lot on 441.
Mr. Steers appeared before the City Council to further expound on the commercial vehicle
parking situation on the vacant lot on 441,which is owed by the South Florida Water Management
District. He related that numerous citations have been issued,as well as towing. He related that he
would be recommending putting a gate on the property, which would eliminate access to the lot.
Councilman Braynon related that"No Parking" signage may help in this regard.
Manager Crew related that it is illegal to bring commercial vehicles into a neighborhood. As
part of the FY 2004/05 Budget,the city will be doubling its Code Enforcement staff,which would
allow shift work, as well as overlapping on weekends.
Mr.Martin Maultsby,residing at 2230 NW 190th Terrace,Miami Gardens,Florida,appeared
before the City Council to speak on behalf of the Optimist Organizations that utilize the City of
Miami Gardens' parks. He related that there are concerns with the contracts that were signed in
order to use the City's parks. He put emphasis on the important attributes of the Optimist,and the
positive contributions this organization provides to this community and its youth. He related that
the Optimist Organizations had signed contracts with the City of Miami Gardens, which had a
provision that required the organizations to purchase the beverages from the City. He related that
the contracts were signed without knowing what the actual prices of the beverages were. He said
the Optimist would not be able to operate effectively at the current beverage price level being
imposed.
Mr. James Gardner,residing at 19611 NW 24th Avenue, Miami Gardens,Florida, appeared
before the City Council to further expound on this matter.
Mayor Gibson thanked the Optimist Organizations members for coming to the Council to
discuss this issue. She related that if citizens have issues,the City Council has hired a CEO to make
sure those issues are heard. She related that the City Council will not be able to resolve this issue
tonight due to contractual issues, which the City Attorney will need to address. She emphasized
that this issue will be resolved.
Attorney Knighton related that what was agreed to in the Optimist Agreement is that the
organizations would purchase beverages from the City. She related that Mr. Maultsby and Mr.
Gardner were absolutely right when they stated, there was no price list in the agreement. She
opined that an agreement approved by this Council can always be amended. She opined that a
discussion did not need to take place tonight. The City Manager needed to have that meeting,and
those discussions,and bring back to the City Council a recommendation as to whether there should
be an amendment to the agreement.
Mayor Gibson restated that this issue can not be resolved tonight.
Councilman Braynon related that he's been working with this issue for a while. He
Miami Gardens City Council
Minutes—July 14,2004 Page 12 of 16
acknowledged those Optimist Organizations members present in the audience. He further thanked
them for all their hard work. He concurred with Mayor Gibson's statement that this issue can not be
resolved tonight. He said that he would reserve further comments until this issue is brought before
the City Council by the City Manager.
Ms. Janice Coakley, residing at 19681 NW 33`d Avenue, Miami Gardens,Florida appeared
before the City Council in support of the Optimist Organizations and expressed concern with the
prices being levied, by the City, for the purchase of beverages.
Manager Crew related that he had no problem with looking at the beverage portion of this
contract.
Ms. Sharon Frazier-Stephens, residing at 145 NE 193`d Street, Miami Gardens, Florida,
appeared before the City Council and asked that they be sensitive to the commercial truck drivers,
who reside within the City of Miami Gardens.
10. RESOLUTIONS:
RESOLUTION NO. 2004-67-118
10A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR
EMPLOYEE INSURANCE BENEFITS, IN SUBSTANTIAL FORM AS THE
AGREEMENT ATTACHED HERETO AS EXHIBIT "A";PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
AUTHORIZATION TO THE CITY MANAGER AND CITY ATTORNEY;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING
AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER)
Manager Crew explained the relevant issues involved with this Interlocal Agreement with
Miami-Dade County as it relates to Insurance benefits.
It was moved by Councilwoman King,seconded by Councilman Bratton to approve this item.
Councilwoman Pritchett referenced at the bottom of page 3 of the Interlocal Agreement,which
outlined the method of delivery and asked if a correction was in order because two different methods of
delivery were mentioned.
Attorney Knighton related that this is just a scrivener's error,which she would correct.
At the conclusion of this discussion,the motion to approve passed and carried by a 5-0 vote.
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Miami Gardens City Council
Minutes—July 14,2004 Page 13 of 16
Councilwoman Watson: Out of town
Councilman Bratton: Yes
Councilman Braynon: Out of room
Mayor Gibson: Yes
RESOLUTION NO.2004-68-119
10B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH AND EXECUTE AN AGREEMENT WITH D&J
ENTERPRISES, INC. FOR DEBRIS REMOVAL SERVICES, FOR A FIVE
YEAR PERIOD, SUBJECT TO THE REVIEW AND APPROVAL OF THE
AGREEMENT BY THE CITY ATTORNEY; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
Manager Crew shared with the City Council the pertinent issues involved with this RFP for
debris removal services,and the recommendation being made for this Council's approval. He related
that if the City never had a hurricane,the City would not have to pay the firm any money. Therefore,
there is no upfront outlay.
It was moved by Councilman Bratton, seconded by Councilwoman Pritchett to approve this
item.
Councilwoman Pritchett questioned the five year contract time frame.
Manager Crew rationalized that the City would not want to go through this process each year
and certainly would want to build some type of relationship with the firm. He said because there is no
money involved it just makes sense to have a five year contract.
Councilwoman Pritchett questioned whether grant funding would be available to assist with this
type of cleanup.
Manager Crew indicated that the state would pay a portion of the cleanup as well as FEMA.
At the conclusion of this discussion,the motion to approve passed and carried by a 6-0 vote.
Councilwoman Pritchett: Yes
Councilwoman Watson: Out of town
Councilman Bratton: Yes
Councilman Braynon: Yes
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Mayor Gibson: Yes
11. REPORT OF THE CITY ATTORNEY
Miami Gardens City Council
Minutes—July 14,2004 Page 14 of 16
No report.
12. REPORTS OF CITY MANAGER
Manager Crew gave emphasis to the importance of scheduling a Special City Council
meeting for Wednesday, July 21, 2004, to consider the City's Interlocal Agreements with Miami
Dade County.
It was moved by Councilman Braynon,seconded by Councilwoman Pritchett to schedule the
Special City Council meeting for Wednesday, July 21, 2004, beginning at 7:00 p.m. This motion
passed and carried by a 6-0 vote.
Councilman Bratton: Yes
Councilman Braynon: Yes
Vice Mayor Campbell: Yes
Councilwoman King: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Out of town
Mayor Gibson: Yes
Manager Crew announced that the Special City Council meeting for setting the millage rate is
scheduled for Thursday,July 29,2004,beginning at 5:30 p.m. The proposed budget for FY 2004/05
will be provided to the City Council on Friday, July 23, 2004.
Administration will begin the interview process this week for a Planning Director, in
preparations for taking over that function from Miami Dade County on October 1, 2004.
Councilman Braynon asked if the budget information will be in electronic format,and if so,
he would like to have it emailed because he will be out of town over the weekend and part of the
following week.
13. REPORTS OF MAYOR AND COUNCIL MEMBERS
13A) GENERAL REPORTS FROM MAYOR AND COUNCIL MEMBERS
Mayor Gibson referenced the 78th Annual Florida League of Cities Conference and the fact
that a voting delegate must be designated, to vote at that conference, on behalf of the City.
Moved by Councilman Braynon, seconded by Vice Mayor Campbell to delegate Mayor
Shirley Gibson as the voting delegate at the 78th Annual Florida League of Cities Conference being
held August 2004. This motion passed and carried by a 6-0 vote.
Moved by Councilman Bratton, seconded by Councilwoman Pritchett to delegate
Councilman Oscar Braynon,II,as the alternate voting delegate,at the 78th Annual Florida League of
Cities Conference being held August 2004. This motion passed and carried by a 6-0 vote.
The City Clerk was directed to submit this information to the Florida League of Cities.
Miami Gardens City Council
Minutes—July 14,2004 Page 15 of 16
Mayor Gibson related that she'd provided the City Council with information on a 7th Annual
Jazz Spectacular festival being held in Hollywood,Florida. She gave emphasis to the importance of
having such an event in the City of Miami Gardens. She further related that she would be bringing
this item back for the Council's discussion at a later date,and asked that each Council member read
over the information provided.
Mayor Gibson further informed the audience that if they reside on the east side of the City
they should have received a letter from the City of North Miami Beach,offering a free showerhead.
She encouraged those residents to take advantage of this water saving device.
Councilwoman Pritchett shared that each year the Parent,Teacher,Student Association of the
Miami Dade County Public Schools sponsors an awards program where they name a student, from
the Miami Dade County Public Schools, as their student of the year. The 2003/04 Student of the
Year is from a Miami Gardens School,which is Miami Norland Senior High School,that student is
Ms. Gasenia Caraballo.
Councilwoman Pritchett invited everyone to attend the next City Council meeting where Ms.
Caraballo will be presented with a Certificate of Achievement. Ms. Sharon Frazier-Stephens, the
mother of Ms. Caraballo was also congratulated. This Student of the Year Award has given the City
of Miami Gardens much free press because of her travels from here to Washington, D.C.
14. REQUESTS,PETITIONS&OTHER COMMUNICATIONS FROM
THE PUBLIC:
14A) PUBLIC COMMENTS - 20 MINUTES
There were none.
15. SPECIAL PRESENTATION(S)
There are none
16. ADJOURNMENT:
After there was no other business to come before this Body, it was moved by Councilman
Braynon, seconded by Vice Mayor Campbell to adjourn the meeting at 10:35 p.m. This motion
passed and carried unanimously.
1r Gi son, Mayor
Attest:
Ronetta Taylor, VC, City Clerk
Miami Gardens City Council
Minutes—July 14,2004 Page 16 of 16