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July 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 Miami Gardens City Council 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 Miami Gardens City Council 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. Miami Gardens City Council 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. Miami Gardens City Council 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 Miami Gardens City Council 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 Miami Gardens City Council 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 Miami Gardens City Council 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