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June 9, 2004 INDEX CITY COUNCIL MINUTES JUNE 9, 2004 1. Called to Order/Roll Call of Members................................ Page 1 2. Invocation................................................................. Page 1 3. Pledge of Allegiance..................................................... Page 1 4. Approval of Minutes—Regular Meeting 5/26/04.................... Page 1 5. Agenda/Order of business (additions/deletions/amendments)...... Page 1 6. Special Presentations a. Miami Gardens/Carol City District Police Dept. Monthly status report................................................ Pages 1-3 7. Ordinance(s) for First Reading.......................................... Page 3 8. Ordinance(s) for Second Reading ..................................... Page 3 9. Public Comments......................................................... Pages 3-4 a. Laura Rzeszotarski, re: Curfew law b. Dr. Lester Brown, re: Crime free community 10. Resolutions a. A resolution authorizing the City Manager to execute Beverage concessionaire services agreement w/Coca-Cola Enterprises to provide vending machines in city parks.......... Pages 4-6 b. A resolution authorizing the City Manager to execute Beverage concessionaire services agreement w/Pepsi to provide vending machines in city parks........................ Pages 6-7 11. Report of the City Attorney............................................. Page 7 12. Report of the City Manager.............................................. Pages 7-8 a. Official move to new City Hall facility b. Scheduled Public Hearing to set tentative Millage for 7/29/04 c. Miami-Dade County Proposed General Obligation Bond Allocation d. Vacation of City Council members e. Braynon out of town for July 28`h City Council meeting f. Charter provision regulating forfeiture of office 13. Report of Mayor and Council Members.............................. Pages 8-9 14. Requests, petitions & other communication from the public......... Page 9 15. Special Presentation(s)..................................................... Page 9 16. Adjournment................................................................ Page 9 CITY OF MIAMI GARDENS CITY COUNCIL MINUTES June 9, 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,June 9,2004,beginning at 7:08 p.m., in Suite 201 of the Administrative Offices, 17801 NW 2"d Avenue. 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,Barbara Watson,Melvin L. Bratton and Sharon Pritchett. Councilman Oscar Braynon, II, arrived at 7:28 p.m. 2. INVOCATION: Mayor Gibson delivered the Invocation. 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 - May 26, 2004 It was moved by Councilman Bratton, seconded by Vice Mayor Campbell to approve the minutes,with the necessary corrections. Title date for minutes should be May 26 instead of May 16. There being no further discussion, the motion passed and carried by a 6-0 vote. 5. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/ AMENDMENTS): It was moved by Councilwoman Watson, seconded by Councilman Bratton to accept the Official Agenda as presented. There being no discussion the motion passed and carried by a 6-0 vote. 6. SPECIAL PRESENTATION(S): 6A) Miami Gardens/Carol City District Police Department Monthly Status Report Captain Donald Rifkin appeared before the City Council to provide the monthly status report. He related that as of May 2004,crime reduced eight percent across the board. Sexual Batteries are down 36%year to date; residential and commercial burglaries are down an average of 22%year to date; auto thefts are down 16% year to date and robberies are down overall by one percent. The Specialized Police Services Report will be provided after June 10, 2004. Captain Rifkin indicated that Director Parker has authorized that a sign with the City's logo be erected at the Miami Gardens/Carol City District Police Station. It will be up to the City to design Miami Gardens City Council Minutes—June 9,2004 Page 1 of 9 the signage of its choice. The expenditure for the signage would be the responsibility of the Miami- Dade County Police Department. Captain Rifkin further provided a status report on the Federal Anti-Drug Abuse Grant awarded to the City of Miami Gardens. The City provided a cash match, which brought the grant total to approximately$40,000. The funds will be used to provide policing type programs for six local elementary schools within the City of Miami Gardens. Lt. Israel McKee,the Internal Investigations Commander of the Miami Gardens/Carol City District Police Department appeared before the City Council to provide an overview of the VIN Etching Program initiated to address auto theft. He further informed the City Council of the Police Department's initiative to address juvenile and truancy issues. This initiative is a joint venture, between the Miami Gardens/Carol City District Police Department and the Miami Dade Public Schools, is scheduled to take place during the summer recess. Captain Rifkin further reported that the Miami Gardens/Carol City District Police Department assisted with the coordination of a Safety Day for Home Depot, located at 1670' Street and NW 57th Avenue. The Miami Gardens/Carol City District Police Department is committed to keeping the community safe and will continue to actively participate in Home Depot's events. Captain Rifkin announced that the police department has scheduled another check-point operation for commercial vehicles. This type of police activity ensures that the proper licenses and paper work are in place, and all applicable ordinances are being followed. Mayor Gibson related that she wanted to make sure that Trenton Daniels,the Miami Herald reporter,understood that the initiatives being done by the Police Department are not in response to higher crime activities,but have been going on all along. They are not initiatives being initiated now because there are not enough police officers patrolling the streets of the City of Miami Gardens. She gave emphasis to the fact that this is a positive report that's being provided by the Miami Gardens/Carol City District Police Department. Captain Rifkin said this is the same specialized police service that would have been done,and is nothing out of the ordinary. He related that the eight percent across the board reduction in crime was accomplished prior to the specialized detail that was initiated. He emphasized that the specialized detail is something to keep crime in check, and is not for particular incidents. Vice Mayor Campbell concurred with Mayor Gibson's comment and conveyed that it is not that there was an increase in crime the initiative is to prevent crime. This is a pro-active way to deter anything from happening. Captain Rifkin put emphasis on the fact that the crime initiatives being instituted were to keep crime down. The crime in this area is down. However,if you don't continue to fight it,it will come back. He further shared that the police department has also been responding to a number of tips received. Miami Gardens City Council Minutes—June 9,2004 Page 2 of 9 Vice Mayor Campbell referenced gang activity and emphasized the importance of targeting four specific locations: 1) 37`h Avenue and NW 191"Street; 37`h Avenue and NW 211 w Street,32nd Avenue NW 207`h Street, and 26`h Court NW 207" Street. Captain Rifkin conveyed the police department's commitment to address these issues. Councilwoman King inquired about the status of the serial rapist's investigation. Captain Rifkin related that the serial rapist last known crime was committed in November 2003. The police department has been working diligently and concentrating heavily on DNA swabs of individuals. These DNA swabs are being looked at by the crime lab. The crime lab has received some additional funding to assist with the processing of the DNA swabs. Mayor Gibson thanked Captain Rifkin for his report, and for all of the services the Miami Gardens/Carol City District Police Department provides to this community. She conveyed that the Council is immensely happy about the relationship the City has with its law enforcement officers. She shared that the City will recognize those officers that have received Officer of the Month designation from Miami-Dade County at the June 23`d City Council meeting. 7. ORDINANCE(S) FOR FIRST READING: There were none 8. ORDINANCE(S) FOR SECOND READING (PUBLIC HEARINGS): There were none 9. PUBLIC COMMENT - 10 MINUTES Ms. Laura Rzeszotarski, residing at 20525 NW 281h Avenue, Miami Gardens, Florida, appeared before the City Council to inquire as to whether the City had a curfew law in place. Mayor Gibson replied that the City of Miami Gardens followed the same curfew law established by Miami-Dade County. Ms.Rzeszotarski indicated that during this past week,at around 1:45 a.m.,a group of young people has been walking and bouncing a basket ball up and down the street in front of her house. She further expressed concern with the graffiti and litter in the area. She suggested erecting signage encouraging people to not litter the street. Manager Crew related that one of Code Enforcement's priorities is to aggressively address the graffiti problem by issuing warning notices to the owners of those properties where the graffiti is displayed. This would spur those owners into cleaning up their properties. Dr. Lester Brown, residing at 18801 NW 29' Court appeared before the City Council to express his desire for a crime free city. He commended the police department for doing an Miami Gardens City Council Minutes—June 9,2004 Page 3 of 9 outstanding job and extended an invitation to the police officers patrolling his area to stop by for refreshments. 10. RESOLUTIONS: RESOLUTION NO. 2004-63-114 10A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND ATTEST,RESPECTIVELY,THAT CERTAIN AGREEMENT FOR BEVERAGE VENDING/CONCESSIONAIRE SERVICES WITH COCA- COLA ENTERPRISES, INC., D/B/A FLORIDA COCA-COLA BOTTLING COMPANY,IN SUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT A;PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) William Green, the Assistant to the City Manager appeared before the City Council to explain the relevant issues involved with this beverage vending/concessionaire agreement. The term of the contracts for both Coca-Cola and Pepsi are for one year. Moved by Councilman Braynon, seconded by Councilman Bratton to approve this item. Councilman Bratton inquired as to why the vending machines were being placed in only eight of the City's 16 parks and two of the City's four pools. Mr. Green indicated that both companies Coca-Cola and Pepsi decided on the locations for the vending machines in order to get the best revenue return. Each of the eight parks and two pools selected will have one Coca-Cola and one Pepsi beverage machine for a total of two machines at each location. Councilwoman Watson referenced page 8, line 23 of the agreement and related that venue should be Miami-Dade County instead of Broward County. Councilwoman Pritchett stated that this correction should be made on both the Coca-Cola and Pepsi agreement. Councilwoman King made mentioned of the children that will be utilizing the parks,and put emphasis on the importance of having non-carbonated beverages in the vending machines. Mr.Green indicated that Pepsi would not be selling any carbonated beverages,only water and fruit juice products. Coca-Cola will be selling the carbonated beverages. Councilman Bratton asked that the agreement be clarified to indicate that a case of beverages represented a 24 count. Miami Gardens City Council Minutes—June 9,2004 Page 4 of 9 Councilwoman Watson referenced the Special Events provision and questioned whether there were other options or if there was a rate scale. Mr. Green related that this provision of the contract provides for an opportunity to put concession carts out during the Optimist Club programs. Each beverage company has allotted for five events. Each Optimist Club has approximately six home games. It is anticipated that allotted ten concession carts will be utilized before the Optimist season is over. Furthermore,the rate scale is not a part of the contract. Councilwoman Watson suggested establishing a fix rate, something that is economical, for the Optimist Clubs to buy into, and having this rate locked into the contract. Councilman Bratton inquired about the size of the banners. Mr. Green indicated that this depended on the size of the event. Councilman Braynon inquired as to whether the Optimist Clubs would be able to purchase their own beverages from their vendor of choice once the Coca-Cola and Pepsi Concession charts have been utilized. Mr. Green related that the Optimist Clubs are purchasing their beverages from the City. The City is purchasing its beverages for resale to the Optimist Clubs from Coca-Cola and Pepsi. Mayor Gibson referenced the concern raised by Councilwoman Watson in regard to a rate scale not being a part of this contract,and questioned whether there was an issue that would prevent the Council from voting on this item, tonight. Attorney Knighton related that her role is to deal with the legal issues and not get into the business end of the contracts, which is left up to city staff. The contract does provide for special pricing for items, which is outlined on page 3, Section E. Manager Crew shared that the estimated revenue from this venture is approximately $22,000.00 annually, however this is an estimate. Attorney Knighton pointed out that the contract is only for one year. Councilwoman Watson clarified that her concerns were more with the availability of the carts and having those carts at a special price,and not necessarily addressed in the contract but negotiate at least a fixed price for those carts, if there is a need, and they are available. This way, the City will know what kinds of prices are being passed on to the Optimist Clubs. Mr. Green shared that both Coca-Cola and Pepsi have been very amenable throughout this entire process and opined that both companies would be more than willing to work on a price scale. Vice Mayor Campbell made mention of the possible crime spree associated with vending Miami Gardens City Council Minutes—lune 9,2004 Page 5 of 9 machines. Mr. Green indicated that both Coca-Cola and Pepsi have made accommodations to address this possibility and are taking the necessary steps to secure the vending machines. At the conclusion of this discussion, the motion to approve passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes RESOLUTION NO. 2004-64-115 10B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND ATTEST,RESPECTIVELY,THAT CERTAIN AGREEMENT FOR BEVERAGE VENDING/CONCESSIONAIRE SERVICES WITH PEPSI BOTTLING GROUP,INC.,IN SUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Moved by Councilman Braynon, seconded by Vice Mayor Campbell to approve this item. Councilwoman Pritchett pointed out that page 2, lines 18 and 19 of the resolution indicated that this service was not bidded out, however page 1 of the agreement indicates that there was a formal bid process. She asked which provision was correct. Attorney Knighton indicated that the resolution was correct. She explained that when she'd drafted the agreement, she was under the assumption that a formal bid procedure was executed. However, agreements are not in final form when presented to the council for consideration, and a provision is placed in the resolution which states that"in substantial form as the agreement attached hereto." She indicated that she would make the correction to the agreement. At the conclusion of this discussion, the motion to approve passed and carried by a 7-0 vote. Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Miami Gardens City Council Minutes—lune 9,2004 Page 6 of 9 Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes 11. REPORT OF THE CITY ATTORNEY No Report 12. REPORTS OF CITY MANAGER Manager Crew announced that the official move of City Hall to the new location at 1515 NW 167`h, Suite 200,Building 5, is scheduled to take place on Saturday,June 12,2004. In addition,he would also be official moving into his home in the City of Miami Gardens,and would be out of the office from Friday, June 11 —Wednesday, June 16, 2004. Manager Crew announced that the budget workshop between the City Manager and the City Council will take place on Wednesday,June 16,2004 at 5:30 p.m. A public hearing is scheduled for Thursday,July 29,2004 to adopt a tentative millage rate. By unanimous consent this public hearing was scheduled for 5:30 p.m. Councilwoman King shared that she would be out of town during the June 16th Budget Workshop. Councilman Braynon referenced the General Obligation Bond issue and asked if city staff was involved in the discussions with Miami Dade County. Manager Crew related that the City has had one meeting with the County and has submitted a list of applicable projects (e.g. a City Hall, Municipal Public Works Complex, and right-of-ways, landscaping irrigation and beautification projects as well as sidewalk improvements)to be funded from the General Obligation Bond. A second meeting is scheduled for Monday,June 14,2004. He said that the General Obligation Bond is approximately 130 Million Dollars. The City is slated to get 5%of the funds. Vice Mayor Campbell indicated that there were four categories identified to receive allocation from the General Obligation Bond. He emphasized the importance of the City of Miami Gardens being included in this process. Mayor Gibson inquired about the status of the purchase of property for the propose site of the Regional Park and asked Manager Crew to make contact with Attorney Robert Holland for an update and whether the City could be of further assistance in the process. Vice Mayor Campbell referenced the General Obligation Bond and asked for clarification as to what the 5%represented for the City of Miami Gardens. Manager Crew indicated that the General Obligation Bond funding would not come in,all at once, however the City, can expect to see approximately 5%of the allocations. Miami Gardens City Council Minutes—June 9,2004 Page 7 of 9 Councilman Braynon inquired as to whether the City Council would be taking a vacation month this year. Manager Crew said that unfortunately, the City is still in the development stage, with bringing in-house a lot of services currently being provided by Miami-Dade County,therefore it is essential that the Council be on hand to address those items that might arise. Mayor Gibson related that a recess for the City Council can be looked at for next year. She opined that the City will be much farther along in all of its processes. She pointed out that the Charter provides that if a Council member is out for three meetings those absences are counted against them. Councilwoman Watson suggested a rotation schedule for those Council members wanting to take a vacation this year. Attorney Knighton inter]ected and opined that the Council is governed by the City's Charter. She voiced her belief that the Charter's provision provided for three consecutive absences in any one year, for it to be counted against a council member. She said there is nothing in the Charter to prevent the Council from canceling a meeting. Councilwoman Watson related that she was concerned about having a quorum. Mayor Gibson related that when a Council member is going to be absent from a meeting,that member should be notifying the City Clerk. This will determine if there will be a quorum for the meeting. Councilman Braynon announced that he would be out of town the latter part of July attending the Democratic Conference, and would not be back in time for the July 28th City Council meeting. He said that he would try to get an earlier flight in order to make the Public Hearing scheduled for July 29th. Attorney Knighton shared with the Council members the Charter provision governing absences. "The Mayor or City Council members shall be subject to forfeiture of his/her office under the discretion of the remaining Council members if he/she is absent without good cause from any three regular meetings of the Council during any calendar year, or if he/she is absent without good cause from any three consecutive regular meetings of the Council whether or not being in the same calendar year." She opined the Charter permits Council members to be absent with cause. 13. REPORTS OF MAYOR AND COUNCIL MEMBERS 13A) GENERAL REPORTS FROM MAYOR AND COUNCIL MEMBERS Councilman Bratton shared with the City Council a draft of an organizational chart he would be providing to the City Manager as input. He emphasized that this is a working document and encouraged the Council members' participation into this process. Miami Gardens City Council Minutes—lune 9,2004 Page 8 of 9 Vice Mayor Campbell referenced the Revenue Enhancement Committee and the report to be provided by that Committee. He asked that the City Manager work with the Revenue Enhancement Committee in an effort to facilitate the generation and distribution of that report. He further referenced the Florida League of Cities conference and opined that at least two members of this Council should attend this very important conference. Mayor Gibson opined that it is important for the City to have a presence at the League of Cities,for all the work and information this organization provides to municipalities. She encouraged the Council members to attend the Florida League of Cities Conference. Councilwoman Watson strongly recommended that the Council members secure hotel accommodations for the conference as well. Councilwoman Pritchett inquired as to whether the Council members had made their appointments to the Martin Luther King,Jr.Celebration Committee. She accentuated that time is of the essence. Vice Mayor Campbell related that he's been unable to find anyone to serve on this committee. He said that he was amenable to having a Council member recommend two individuals, with one of those recommendations serving as his appointment. 14. REQUESTS,PETITIONS&OTHER COMMUNICATIONS FROM THE PUBLIC: 14A) PUBLIC COMMENTS - 20 MINUTES There were none. 15. SPECIAL PRESENTATION(S) There were none 16. ADJOURNMENT: There being no further business to come before this Body, and being duly moved by Vice Mayor Campbell, and seconded by Councilman Bratton,the motion to adjourn the meeting at 8:39 p.m., passed and carried by a 7-0 vote. Attest: Sh' ey ibson, Mayor R netta Taylor, C City Clerk Miami Gardens City Council Minutes—lune 9,2004 Page 9 of 9