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12.10.2003 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