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April 13, 2005 City of Miami Gardens Regular City Council Minutes April 13, 2005 (A) CALL TO ORDER/ROLL CALL The City Council of the City of Miami Gardens,Florida,met in regular session on Wednesday, April 13,2005,beginning at 7:17 p.m.,in the City Council Chambers, 1515 NW 167'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 Barbara Watson,Melvin L.Bratton, Sharon Pritchett and Oscar Braynon, H. Councilwoman Audrey J. King was not present due to illness. Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Knighton Dickens, and City Clerk Ronetta Taylor. (B) INVOCATION Mayor Gibson delivered the Invocation. (C) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes March 23, 2005 Moved by Councilman Braynon, seconded by Vice Mayor Campbell to approve the minutes with the necessary additions/deletions as provided by the City Clerk. There being no discussion,this motion passed and carried by a 6-0 vote. (E) ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS): Moved by Councilman Braynon, seconded by Vice Mayor Campbell to approve the official agenda with the addition of a Proclamation "Fair Housing Month", under Special Presentations. There being no further discussion, this motion passed and carried by a 6-0 vote. (F) SPECIAL PRESENTATIONS (5 minutes each) 1. Special Recognition a. Karman Alexander-Moss, Cool Kids Learn,Inc. Golden Bucs Ms.Alexander-Moss,residing 8800 NW 16"'Avenue,Miami,Florida,appeared before the City Council to highlight the many quality activities being offered at Buccaneer Park for senior citizens and the Golden Bucs a/k/a Buccaneer Boosters. Ms. Geraldine Solomon,residing at 3040 NW 205''Street,Miami Gardens,Florida,appeared Regular City Council Minutes April 13,2005 before the City Council to convey a heartfelt thank you to Ms.Alexander-Moss for her contributions to the North County Homeowners Association of Carol City, and the Buccaneer Boosters. b. Theresa Knight,Community Activist Councilwoman Pritchett along with Mayor Gibson and members of the City Council presented Ms.Knight,with a plaque for her diligence,hard work and outstanding community involvement for the betterment of her neighborhood 2. Major Donald Rifldn,Miami Gardens District Police Station—Month Report Major Rifkin, District Commander for the Miami Gardens District Police Station appeared before the City Council and reported that overall crime is up by 17% this month as opposed to last month. Year-to-date,overall crime is up by five percent. There were decreases in aggravated assault and aggravated battery. Major Rifkin stated that he did not have an explanation for the increase in overall crime. He referenced the Enforcement Initiatives for FY 04/05 and shared that the Northwest District received $664,000.00; the Northside, Midwest, Cutler Ridge, Kendall, Intercostals and Hammock District received$874,000.00; and Miami Gardens District received$300,000.00. Major Rifkin further shared some of the initiatives being implemented by the Miami Gardens District Police Department to combat crime: 1)the utilization of the prisoner van as a patrol vehicle along 183rd Street,to increase visibility on the afternoon shift;2)Probation and parole detectives are increasing house checks specifically for burglary and robbery suspects to verify they are in compliance with the terms of their probation or patrol; 3) processing vehicles more often that were used in burglaries, some DNA evidence was recovered;4)General Information Unit(GIU) and the burglary squad have readjusted their shift to address the commercial burglaries; and 5) increased truancy enforcement throughout the City, which includes a partnership with the City's Parks and Code Enforcement Departments. Councilwoman Pritchett asked for a copy of this report. Councilwoman Watson conveyed concern with the drastic change in the increase in crime and questioned whether there was a reason for it. Major Rifkin said he could not associate the increase in crime with any specific issue. Mayor Gibson inquired about the funding source for those additional officers from other districts being utilized for the truancy initiative,and questioned whether the City's services were being affected. Major Rifkin indicated that the funding for the truancy initiative was an in-kind service,and no City police services were involved. 3. Proclamation—Fair Housing Month Mayor Gibson along with members of the City Council presented a proclamation,proclaiming Regular City Council Minutes 2 April 13,2005 the month of April as Fair Housing Month in the City of Miami Gardens,to a member of the Miami- Dade County Equal Opportunity Board. (G) ZONING MATTERS There were none (H) ORDINANCE(S) FOR FIRST READING (1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MIAMI GARDENS,FLORIDA,AMENDING ORDINANCE 2005-10-48 TO AMEND THE REQUIREMENTS FOR THE LOCAL PREFERENCE PROGRAM; 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 COUNCILMAN BRAYNON) Councilman Braynon recounted the relevant issues discussed during the last City Council meeting,which prompted him to sponsoring this ordinance. This ordinance provides for the primary contractor to give a commitment to have a local subcontractor on the job,as well as providing for that local contractor to be guaranteed a percentage of the work. Mayor Gibson asked for clarification purposes if this amendment applied to only local contractors,or any smaller contractor. Attorney Knighton Dickens explained that this ordinance provides that if those primary companies use those local businesses,they must certify up front that the local firm will receive a certain percentage of the work. Local is defined as those businesses located within the City of Miami Gardens. Attorney Knighton Dickens further explained that another section of the ordinance was amended,which provided for a waiver from the Local Preference that the City Manager could use when the contract was under his prevue. The amendment now requires that the Local Preference can only be waived by the City Council. Moved by Councilman Braynon,seconded by Councilwoman Watson to approve this item on first reading,with second reading and public hearing scheduled for Wednesday,April 27,2005. Councilwoman Pritchett referenced page 2 of the ordinance as it related to those vendors that were assigned point totals and the difference between the rankings. She asked for clarification purposes, if a vendor received a total of three points, how would one get five percent of the three points? She questioned whether the term should be five points as opposed to five percent. Manager Crew said that the total here is 100 points, therefore the most a company could get without having any local connections would be 95 points. Attorney Knighton Dickens further explained there are two different ways that contracts were Regular City Council Minutes 3 April 13,2005 awarded.For example an architect and engineering contract would not come in with prices that would be negotiated on a point basis. Some contracts come in with a price and in those instances,if the local business is within five percent they would get that five percent. She said the reason she did not outline how the points would be allocated was because it would depend on the nature of the contract. Councilwoman Pritchett referenced the language on page 2, Section E,lines 32 and 33 of the ordinance, Section E"If a tie occurs between two(2)or more local businesses,then the City Manager shall determine to whom the bid will be awarded", and conveyed concern with this provision. Attorney Knighton Dickens said this provision was in the previous ordinance therefore,it is not an amendment to this ordinance. She advised Councilwoman Pritchett that if she wanted to amend that section, she could do so at this time. Manager Crew shared that recently he had two local bidders that bidded the exact same price of $700.00. He had to make a decision as to which bid to accept. He said that he did not have a problem with having the City Council make that determination on those bids that come before the City Council. He placed emphasis on the fact that this type of situation happens all the time, especially on those smaller bids. He further stated that changing this process would slow every thing down. Councilwoman Pritchett conveyed her concern because the elected officials have the responsibility of being accountable to the residents for the awarding of the bids and contracts. She further conveyed her understanding that there would be times when there will be a need to have a tie breaker. She wondered whether this was something the Council wants to be aware of and have a say in how those bids would be awarded;especially when they have been elected to ensure they are aware of all contracts and bids awarded in this City, as representatives of the people and the residents. Mayor Gibson referenced the issues being raised by Councilwoman Pritchett in regard to this item and commented that the Department of Procurement has a process where three bids are solicited. She asked whether this procurement process would be changed if this item was amended to address Councilwoman Pritchett's concerns. Attorney Knighton Dickens replied that it would. Mayor Gibson said that she had a concern about that. She conveyed her understanding that the elected officials were all responsible. Councilwoman Pritchett asked for a fiuther clarification of the procurement process. Attorney Knighton Dickens explained all bids whether they relate to local preference would have to come to the City Council,if this provision is changed. Mayor Gibson related that there are a lot of bids received on a day—to-day basis. That happens when the City is conducting business. She shared that she is not of the mindset to bring every one of those items before this Council,if there happens to be a tie. She emphasized that this would hinder the process of the day-to-day operation of the City.She finther expressed her hopes that the City has hired Regular City Council Minutes 4 April 13,2005 people that will do what is right,and if there are employees that will not do what is right,then it is up to the City Manager to understand that he must make some changes. She conveyed her confidence that this staff is going to do what is right. Councilman Braynon said the change under discussion is a change that is totally different from the actual amendments he has proposed. He suggested that Councilwoman Pritchett work with the Procurement Manager to come up with an amicable solution that could then be brought back an amendment to the City Council, and allow these changes, which are of a different nature to move forward. He offered a compromise and stated that for those items brought before the Council to be awarded that if there is a tie verses the City Manager selecting someone to recommend,he brings both, with the Council making the determining the qualified bidder. Manager Crew said that he would certainly do that anyway. Councilwoman Pritchett indicated that she wanted to make sure the residents understood the process and what was being done in an effort to always consider looking out for the best interest of this City. Councilwoman Watson opined that those things the Council regularly look at and award should have a qualifying statement that stipulate those contracts would be subject that that tie breaker by the Council. She further stated that she would put a dollar amount,or exceed a certain number that would make this Council comfortable,which means that the day—to-day business that is conducted by the City will not be interrupted with the City Manager having to bring those items to the Council for the tie breaker. Attorney Knighton Dickens suggested the following amendment to Section E ". For those contracts to be awarded by the City Council,the City Council shall determine to whom the bid will be awarded." Moved by Councilwoman Pritchett, seconded by Councilwoman Watson to amend the ordinance as prescribed by Attorney Knighton Dickens. There being no further discussion on the amendment,the motion passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes There being no further discussion on the ordinance as a whole,the motion to adopt on first reading passed and carried by a 6-0 vote. Regular City Council Minutes 5 April 13,2005 Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes (1) ORDINANCE(S) FOR SECOND READING "PUBLIC HEARINGS." There were none O PUBLIC COM ENTS (10 - MINUTES) Jerry Williams,residing at 20840 NW 29th Court,Miami Gardens,Florida,appeared before the City Council to voice concerns with the two non-residential appointments to the Keep Miami Gardens Beautiful Committee. He further expressed concern with the Miami-Dade County Solid Waste Department trash and garbage service being provided to this community,the closing of a trash transfer station within the City of Miami Gardens and the possible loss of jobs for solid waste employees. Abdul Muhsin,residing at 17645 NW 18'h Avenue,Miami Gardens,Florida,appeared before the City Council to voice his views about economic development within the City from a private sector perspective. He informed the City Council that he would be bringing additional information back as it related to economic development. Sheneka Moore,with a business address at 16533 NW 27th Avenue,Miami Gardens,Florida, appeared before the City Council to advise everyone that Showtime Grill,a recently opened restaurant within the City of Miami Gardens had setup a table in the lobby area and would be providing samplings of its cuisine for everyone to partake of after tonight's meeting. Pamela Washington, residing at 3777 NW 204th Street, Miami Gardens, Florida, appeared before the City Council to express her views about the Solid Waste representative being recommended to serve on the Keep Miami Gardens Beautiful Committee. She further expressed concern about the possibility of loss of employment due to the changes occurring at the Miami-Dade County Solid Waste Department. Mayor Gibson conveyed concern with the comments she was hearing and placed emphasis on the fact that the Keep Miami Gardens Beautiful Program has nothing to do with the Miami-Dade County Solid Waste Department or its operation. She asked Ms.Codner to come forward to provide a brief synopsis of the Keep Miami Gardens Beautiful Program. Tsahai Codner,Director of Keep Miami Gardens Beautiful Program,appeared before the City Council to expound on the program. She indicated the Keep Miami Gardens Beautiful Program is a part of the overall Keep American Beautiful Program. The goal of the program is to educate and encourage individuals to beautify their communities. The Keep America Beautiful Program identified Regular City Council Minutes 6 April 13,2005 various organizations that would be helpful with this initiative. The individuals recommended for appointment to the Keep Miami Gardens Beautiful Committee, are representatives from those organizations identified by Keep America Beautiful. Manager Crew further expounded on this program and shared that the program has nothing to do with solid waste,but everything to do with the beautification of a community(landscaping,planting trees and flowers,picking up litter), which utilizes volunteers for the various beautification projects. For example,this coming weekend volunteers will help plant flowers and scrubs in Andover Park to create a butterfly garden. The financing aspect of this program is to solicit funding to do beautification and education projects. Mayor Gibson emphasized that the City of Miami Gardens has nothing to do with Miami-Dade County Solid Waste. Whatever decisions made, were made at Miami-Dade County's level. She conveyed her belief that none of the City of Miami Gardens Council members had discussions with members of the Miami-Dade County Commission with regard to decisions they were going to make in reference the Solid Waste Department. She shared that the City of Miami Gardens did not know anything about the decision to close the trash transfer station. The City was told by Miami-Dade County that that decision was made last year. Thomas P. Spaulding, residing at 18805 NW 32nd Place, Miami Gardens, Florida, appeared before the City Council to express his views about the local preference ordinance and asked the Council is mindful of the tactics that will be used by primary firms to get the contracts. Lemuel Wims,residing at 19675 NW 32nd Court,Miami Gardens,Florida,appeared before the City Council to express concern about early morning neighborhood noises,and asked the City Council to draft appropriate legislation, or enforce the noise ordinance currently in effect to address this problem. He further inquired as to the process used to select the individuals recommended to serve on the Keep Miami Gardens Beautiful Committee. Manager Crew explained that the Keep Miami Gardens Beautiful Committee is not like the Revenue Enhancement Committee.It is a working Board ofprofessionals and experts in the field,more of a policy guidance board. This Board will establish citizen committees in the various areas,which will be filled by residents. The Board has been assisting with the City's certification process. The City of Miami Gardens will receive its National Keep America Beautification Certification on April 21, 2005. Vice Mayor Campbell placed emphasis on the importance ofhaving individuals,who represent those areas of beautification concern on this type of committee. For example,a major roadway clean- up is underway and the City is having a problem getting the solid waste trucks to pick up the trash. If there is a representative from Solid Waste on the committee,all one has to do is contact that individual to solve the problem. The same would apply with the trash collectors. He restated that it is important to have a representative on the committee that can deal directly with an issue in their area of expertise. Attorney Knighton Dickens said that it is not clear as to what the duties and responsibilities of the Committee members are. The City Council did in fact approve a Keep Miami Gardens Beautiful Regular City Council Minutes 7 April 13,2005 Program. Manager Crew indicated that the duties and responsibilities were addressed when the Program was originally approved by the City Council. Albert C. Thrower, residing at 18510 NW 23rd Avenue, Miami Gardens, Florida, appeared before the City Council and emphasized the importance of instilling a sense of pride and respect in the neighborhood youth. Items K1 and K2 were removed from the Consent Agenda. (K) CONSENT AGENDA/RESOLUTION(S) (L) RESOLUTION(S) RESOLUTION NO. 2005-62-239 (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE CITY MANAGER'S APPOINTMENT OF INDIVIDUALS TO SERVE AS SPECIAL MASTERS FOR THE CITY'S CODE ENFORCEMENT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) City Manager Crew explained the relevant issues involved with this item. He asked that the resolution be amended to include the name of Olivia Benson as a Special Master. Moved by Councilman Braynon,seconded by Councilman Bratton to amend the resolution to include the name of Olivia Benson. There being no further discussion on the amendment,the motion passed and carried by a 6-0 vote. Moved by Councilman Braynon,seconded by Vice Mayor Campbell to approve the resolution as a whole. There being no discussion on this item,the motion to approve the resolution as a whole,passed and carried by a 6-0 vote. Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes Regular City Council Minutes 8 April 13,2005 RESOLUTION NO.2005-63-240 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,APPOINTING MEMBERS AND STAFF LIAISONS TO SERVE ON THE "KEEP MIAMI GARDENS BEAUTIFUL BOARD"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew commented that the City has had more success with this program than anything else the City has ever done. He shared that it was very disheartened to him to have this turned into something that it is not. He said one of the nominees(Susan Friedman—private haulers)has indicated that she is not interested in anything that is controversial in nature. There is also a change in the Miami-Dade County Solid Waste appointee from Alvin McCray to Victoria Garland. He shared that the City will have to find someone else to represent the private haulers. Moved by Councilman Braynon,seconded by Councilwoman Watson to amend this resolution to replace the name Alvin McCray with Victoria Garland as representative appointee for the Miami- Dade County Solid Waste Department,and to correct the surname of Warren Henry to Warren Zinn. The amendment passed and carried by a 6-0 vote. Moved by Councilwoman Pritchett, seconded by Councilman Braynon to approve this item. Councilwoman Pritchett asked for clarification as to whether her understanding was correct from comments made by the City Manager that this Board would set policy. Manager Crew indicated that the City Council would set policy. The Board would recommend policies to the City Council. Councilwoman Pritchett questioned whether this Board has been meeting for almost a year prior to being officially appointed. Manager Crew said that these individuals have not been meeting as a Board,but on individual basis with Ms. Codner. Councilwoman Pritchett said she did not want the perception that the Keep Miami Gardens Beautiful Board has been meeting out of the Sunshine. Manager Crew clarified that these individuals have been in contact with Ms.Codner on a one- on-one basis,not as a group. Councilwoman Pritchett emphasized the importance of speaking very clearly for the public record so that there is no misconception that the City is doing anything that is not above board,and is in accordance with applicable rules and regulations of the City. Mayor Gibson conveyed her understanding of this process and indicated that as part of the Certification process there are some things that need to occur. Having a Board in place is one of the Regular City Council Minutes 9 April 13,2005 key factors in receiving National Certification. She emphasized that a Board is not official until the process is complete and recognized by the Keep America Beautiful Program. Councilwoman Pritchett referenced the Non-Statutory Board and Committee Ordinance as it related to the appointment to those boards by the Mayor and the City Council. Attorney Knighton Dickens indicated that no members have been appointed as yet. Staff has recommended individuals for appointment. The City Council has the authority to strike a name,or add a name. She referenced Section 2 of the resolution and shared that language is provided that because the members were being appointed as a Body,they would have to be removed as a Body. Councilwoman Pritchett conveyed her appreciation for all the preliminary work done by the individuals being recommended for appointment. She asked whether it would be wise for the Council to follow the dictation of the ordinance that clearly states the Mayor and each member of the City Council shall have the right to appoint members to all non-statutory boards. Mayor Gibson asked Councilwoman Pritchett if there was someone she wanted to appoint to this Board. Councilwoman Pritchett commented that she was sure, and if that be the case, it would be necessary for her to have an opportunity to review,interview and select,then offer a name,and she was not prepared to do that at this time. Councilman Bratton indicated that there were two vacancies to be filled. Councilwoman Pritchett said that she has not had a chance to speak with any of the citizens. Councilwoman Watson conveyed her understanding of what Councilwoman Pritchett was saying. She shared that in order for the City to qualify Keep America Beautiful has recommended the representation of certain organizations to be effective. She suggested, in an effort to move forward, each Council member could appoint one of the individuals already being recommended. She indicated that she would nominate Warren Zinn as her appointment to this Board. She placed emphasis on the importance of being Nationally Certified so that this City can get all of the benefits it deserves. Councilwoman Pritchett stressed the importance of being inclusionary of the residents that reside within this City. There are other individuals that can be selected to fill the vacancy of the individual that chose not to continue. If the City has a national mandate to have those vacancies filled, in her opinion there are residents who reside in the City of Miami Gardens, who can meet the qualifications that have been put forward. Councilwoman Watson said that it is important to not lose sight of the fact that the City has to have representation from certain organizations in order to receive National Certification. She emphasized that representation from these organizations are necessary,not optional. She said there are places of involvement for members of this community to take part. She said the representatives being recommended are members of those organizations that the City needs to be in contact with to get things Regular City Council Minutes 10 April 13,2005 done. She pointed out that these individuals will function in a liaison position. Mayor Gibson opined that there is no way the City of Miami Gardens is going to function and be successful, with only the residents who live here. You can not have a City that does not reach its hand out to other stakeholders that do not reside within that City. She reiterated this City is not a part of the situation that is going on with Miami-Dade County's Solid Waste Department and its employees. She shared that many sponsors have assisted the City with the numerous events that have taken place thus far. Those events would not have happened if those sponsors had not been of the kind of mindset and heart to help the City get those things done. She opined that the City can not be an island upon itself,and is not going to have anybody else be involved in anything that happens here,unless they just absolutely live here. She emphasized the importance of looking at the bigger picture. Councilwoman Pritchett said that she did not have an issue with the individuals being recommend,but did want to appoint residents to the two vacant positions. She asked the City Attorney for clarification. Attorney Knighton Dickens said that she did not have a clarification as to the whole item,but did want to clarify that to her knowledge she was not aware whether a particular people or particular industries were necessary for the City to be certified by the National program. The program was approved some time prior,however she could not recall what the requirements were at that time. Nor could she recall what the Board requirements were because those requirements are not mentioned in this document.It is the Council's decision as to whether other individual should apply,with individuals Council members making those appointments. Councilman Braynon asked for clarification purposes whether Councilwoman Pritchett was recommending that the two vacant positions be filled by residents. Councilwoman Pritchett said that she did not have enough information to make that determination or to make the right decision tonight with this Board. Councilman Braynon opined that the Keep Miami Gardens Beautiful program has been one of the most successful programs implemented in this area. It is almost a shame that it has been portrayed in such a negative way for whatever reason. He shared that his only question was what are the specific duties of this Board. Ms. Codner said the Board is currently a recommending Board. Councilwoman Pritchett opined that the background information on the program,and the duties and responsibilities of this Board would help her in making an informed decision. Attorney Knighton Dickens shared that the City Clerk has gone to retrieve the information approving the Keep Miami Gardens Program. Moved by Councilman Braynon,seconded by Councilman Bratton to table this item,until after the second public comments section. This motion passed and carried by a 6-0 vote. Regular City Council Minutes 1 1 April 13,2005 After this item was brought back to the floor,Councilman Braynon shared that after review the information provided by the City Clerk, there were two things that he wanted to comment on. He referenced the language on last line on page 1 of the resolution previously adopted approving the Keep Miami Gardens Program, which reads "the City Manager is further authorized to take all necessary action to effectuate this resolution." He said that for what he has seen of the Keep Miami Gardens Beautiful Program,he trust that the City Manager is doing a good job in effectuating what the Council has asked him to do through this resolution. He further conveyed his trust that the City Manager is making recommendations that will allow him to continue the good program that he has put forward before the City Council. Councilman Braynon offered the following amendment to the resolution"whereas the Keep Miami Gardens Beautification Board will serve as an advisory board to the City Council for Miami Gardens' beautification efforts." This would clarify that the Board is an advisory and not a policy board. This motion was seconded by Councilwoman Watson. Manager Crew indicated that once the program is up and running staff will come back to the Council to request the appointment of local residents to the Board. There being no further discussion on the amendment,the motion passed and carried by a 5-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Not present Councilwoman King: Not present Mayor Gibson: Yes Moved by Councilwoman Pritchett to appoint Adul Muhsin, Senior Account Executive for WEDR to the current Advisory Board. This motion was seconded by Councilman Braynon. There being no further discussion,this motion passed and carried by a 5-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Not present Councilwoman King: Not present Councilwoman Pritchett: Yes Mayor Gibson: Yes There being no further discussion on the resolution as a whole,the motion to approve passed and carried by a 5-0 vote. Regular City Council Minutes 12 April 13,2005 Vice Mayor Campbell: Not present Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Mayor Gibson: Yes (M) REPORTS OF CITY MANAGER AND CITY ATTORNEY. Please note that Vice Mayor Campbell left the meeting at 9:05 p.m. City Attorney had no report. Manager Crew reported that two Charrettes have been scheduled for the Comprehensive Development Master Plan. The dates are Wednesday,May 4, 2005 and Wednesday,May 18,2005. Total cost of both Charrettes would be approximately$13,000.00. Both events are scheduled to be held at the North Dade Regional Library from 6-9 p.m. A Miami Modern Architecture tour of Sunshine State International Park and surrounding neighborhoods is scheduled for May 23, 2005, beginning at 5:30 p.m., a reception will follow at the El Palacio Resort Hotel&Suites at 8:00 p.m. There is no charge for this event. (1� REPORTS OF MAYOR AND COUNCIL MEMBERS. Councilman Braynon reported on the successful Basketball Tournament held on last Saturday. He further announced the Parade of Homes is scheduled for Saturday, April 22, 2004, at City Hall, beginning at 10:00 a.m., and invited everyone to come out to this event. Councilwoman Pritchett shared that she had attended the Miami-Dade Days event in Tallahassee, along with Mayor Gibson. The event which consisted of meetings with the House of Representative and Senate members was very informative. She gave each Council member, not in attendance in Tallahassee due to a scheduled City of Miami Gardens Zoning Meeting,a souvenir(from the Village of Palmetto Bay and the Town of Miami Lakes),the luncheon event co-sponsors. Councilwoman Pritchett inquired about a finalized completion date for the 183d Street Improvement Project. Mayor Gibson shared that the information she has received indicates that the 183d Street Improvement Project should be completed sometime in July 2005. She further reported on the Miami- Dade Days event in Tallahassee. She shared that she had met with Governor Bush and discussed some of the issues and concerns of the City. She further shared that she had received the Philip Brutus Diversity Award from the Dade Delegation. She acknowledged the City's lobbyist, Yolanda Cash Jackson for her hard work and due diligence ensuring all applicable appointments were set and the rigorous schedule adhered to during this event. Regular City Council Minutes 13 April 13,2005 Mayor Gibson announced the Miami Gardens Jaycees is sponsoring an awards ceremony on June 17, 2005. Nomination applications can be found on the table in the back of the City Council Chambers. Councilwoman Watson announced that a planting project to create a butterfly garden is planned for Andover Park on Saturday,April 16,2005. She further expressed concern with the potential impact on local schools from three new major developments taking place in District 2. All of the students from those developments are slated to go to Miami Norland Elementary, Middle and Senior High Schools. She said that when the developers prepare their impact studies,they are only addressing their development, which is correct. However,the City Council needs to be looking at the bigger picture. She moved to schedule a workshop to address this potential overcrowding issue from the developments that will be coming on line within the next 18 months. This motion was seconded by Councilman Braynon. Attorney Knighton Dickens advised that the School Board would need to be involved with this workshop because they are really the ones who control schools. Councilwoman Watson stated that she wanted to make sure school board representation was involved in order to provide the City with data on the potential impact of those matters being approved by the City Council when it sits as the Zoning Board. Moved by Councilwoman Watson,seconded by Councilman Braynon to amend the motion to include school board representation at the workshop. The City Manager is to schedule the date and time of the workshop. There being no further discussion on the amendment, the motion passed and carried by a 5-0 vote. Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Not present Mayor Gibson: Yes Councilwoman Watson asked what progress was being made in getting a mural painted on the Palmetto Expressway Overpass. Manager Crew indicated that staff had spoken with representatives from FDOT, who did not seem to have a problem with it. The only concern is the on-going maintenance and the cost involved. Once the maintenance cost information has been received,more information will be forthcoming. Moved by Councilman Braynon,seconded by Councilwoman Watson to bring back Item L-2 to the table. This motion passed and carried by a 5-0 vote. Regular City Council Minutes 14 April 13,2005 (o) REQUESTS, PETITIONS & OTHER COMMUNICATIONS FROM THE PUBLIC. Thomas P. Spaulding, residing at 18805 NW 32"Place, Miami Gardens, Florida, appeared before the City Council to share his concerns with the deplorable overcrowding conditions at the Carol City Schools. Sharon Frazier Stephens, residing at 145 NE 193`d Street, Miami, Florida, appeared before the City Council to convey her concerns about Miami Norland High School bully situation. She shared that she has been lobbying in Tallahassee on behalf of the Bully Law. She further commended Councilwoman Watson for her efforts. Ronda Sims, residing at 17200 NW 9t'Place, Miami Gardens, Florida, appeared before the City Council to share her views about the conditions of the schools in the City of Miami Gardens. She encouraged the City Council to attend the Miami-Dade County School Board meeting to voice their concerns. Lemuel Wims, residing at 19675 NW 32'Court, Miami Gardens, Florida, appeared before the City Council to convey that the 183`d Street Improvements have gone on too long. Hugh Dodd, residing at 17125 NW 19'Avenue, Miami Gardens, Florida, appeared before the City Council to share his views about developers who do substandard construction work. (P) ADJOURNMENT. After there was no further business to come before this Body, and upon being duly moved by Councilman Braynon and seconded by Councilman Bratton,the meeting adjourned at 9:58 p.m. i Shirley ' son, Mayor Attest: Ronetta Taylor, Of City Clerk Regular City Council Minutes 15 April 13,2005 City of Miami Gardens Regular City Council Minutes April 13, 2005 (A) CALL TO ORDER/ROLL CALL The City Council of the City of Miami Gardens,Florida,met in regular session on Wednesday, April 13,2005,beginning at 7:17 p.m.,in the City Council Chambers, 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 Barbara Watson,Melvin L.Bratton, Sharon Pritchett and Oscar Braynon, 11. Councilwoman Audrey J. King was not present due to illness. Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Knighton Dickens, and City Clerk Ronetta Taylor. (B) INVOCATION Mayor Gibson delivered the Invocation. (C) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes March 23, 2005 Moved by Councilman Braynon, seconded by Vice Mayor Campbell to approve the minutes with the necessary additions/deletions as provided by the City Clerk. There being no discussion,this motion passed and carried by a 6-0 vote. (E) ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS): Moved by Councilman Braynon, seconded by Vice Mayor Campbell to approve the official agenda with the addition of a Proclamation "Fair Housing Month", under Special Presentations. There being no further discussion, this motion passed and carried by a 6-0 vote. (F) SPECIAL PRESENTATIONS (5 minutes each) 1. Special Recognition a. Karman Alexander-Moss, Cool Kids Learn, Inc. Golden Bucs Ms.Alexander-Moss,residing 8800 NW 1601 Avenue,Miami,Florida,appeared before the City Council to highlight the many quality activities being offered at Buccaneer Park for senior citizens and the Golden Bucs a/k/a Buccaneer Boosters. Ms. Geraldine Solomon,residing at 3040 NW 205th Street,Miami Gardens,Florida,appeared Regular City Council Minutes April 13,2005 before the City Council to convey a heartfelt thank you to Ms.Alexander-Moss for her contributions to the North County Homeowners Association of Carol City, and the Buccaneer Boosters. b. Theresa Knight,Community Activist Councilwoman Pritchett along with Mayor Gibson and members of the City Council presented Ms.Knight,with a plaque for her diligence,hard work and outstanding community involvement for the betterment of her neighborhood 2. Major Donald Rifkin,Miami Gardens District Police Station—Month Report Major Rifkin, District Commander for the Miami Gardens District Police Station appeared before the City Council and reported that overall crime is up by 17%this month as opposed to last month. Year-to-date,overall crime is up by five percent. There were decreases in aggravated assault and aggravated battery. Major Rifkin stated that he did not have an explanation for the increase in overall crime. He referenced the Enforcement Initiatives for FY 04/05 and shared that the Northwest District received $664,000.00; the Northside, Midwest, Cutler Ridge, Kendall, Intercostals and Hammock District received$874,000.00; and Miami Gardens District received$300,000.00. Major Rifkin further shared some of the initiatives being implemented by the Miami Gardens District Police Department to combat crime: 1)the utilization of the prisoner van as a patrol vehicle along 183d Street,to increase visibility on the afternoon shift;2)Probation and parole detectives are increasing house checks specifically for burglary and robbery suspects to verify they are in compliance with the terms of their probation or patrol; 3) processing vehicles more often that were used in burglaries, some DNA evidence was recovered; 4)General Information Unit(GIU) and the burglary squad have readjusted their shift to address the commercial burglaries; and 5) increased truancy enforcement throughout the City, which includes a partnership with the City's Parks and Code Enforcement Departments. Councilwoman Pritchett asked for a copy of this report. Councilwoman Watson conveyed concern with the drastic change in the increase in crime and questioned whether there was a reason for it. Major Rifkin said he could not associate the increase in crime with any specific issue. Mayor Gibson inquired about the funding source for those additional officers from other districts being utilized for the truancy initiative,and questioned whether the City's services were being affected. Major Rifkin indicated that the funding for the truancy initiative was an in-kind service,and no City police services were involved. 3. Proclamation—Fair Housing Month Mayor Gibson along with members of the City Council presented a proclamation,proclaiming Regular City Council Minutes 2 April 13,2005 the month of April as Fair Housing Month in the City of Miami Gardens,to a member of the Miami- Dade County Equal Opportunity Board. (G) ZONING MATTERS There were none (I1) ORDINANCE(S) FOR FIRST READING (1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MIAMI GARDENS,FLORIDA,AMENDING ORDINANCE 2005-10-48 TO AMEND THE REQUIREMENTS FOR THE LOCAL PREFERENCE PROGRAM; 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 COUNCILMAN BRAYNON) Councilman Braynon recounted the relevant issues discussed during the last City Council meeting,which prompted him to sponsoring this ordinance. This ordinance provides for the primary contractor to give a commitment to have a local subcontractor on the job,as well as providing for that local contractor to be guaranteed a percentage of the work. Mayor Gibson asked for clarification purposes if this amendment applied to only local contractors, or any smaller contractor. Attorney Knighton Dickens explained that this ordinance provides that if those primary companies use those local businesses,they must certify up front that the local firm will receive a certain percentage of the work. Local is defined as those businesses located within the City of Miami Gardens. Attorney Knighton Dickens further explained that another section of the ordinance was amended,which provided for a waiver from the Local Preference that the City Manager could use when the contract was under his prevue. The amendment now requires that the Local Preference can only be waived by the City Council. Moved by Councilman Braynon,seconded by Councilwoman Watson to approve this item on first reading,with second reading and public hearing scheduled for Wednesday,April 27,2005. Councilwoman Pritchett referenced page 2 of the ordinance as it related to those vendors that were assigned point totals and the difference between the rankings. She asked for clarification purposes, if a vendor received a total of three points, how would one get five percent of the three points? She questioned whether the term should be five points as opposed to five percent. Manager Crew said that the total here is 100 points, therefore the most a company could get without having any local connections would be 95 points. Regular City Council Minutes 3 April 13,2005 Attorney Knighton Dickens further explained there are two different ways that contracts were awarded.For example an architect and engineering contract would not come in with prices that would be negotiated on a point basis. Some contracts come in with a price and in those instances,if the local business is within five percent they would get that five percent. She said the reason she did not outline how the points would be allocated was because it would depend on the nature of the contract. Councilwoman Pritchett referenced the language on page 2, Section E,lines 32 and 33 of the ordinance, Section E"If a tie occurs between two(2)or more local businesses,then the City Manager shall determine to whom the bid will be awarded", and conveyed concern with this provision. Attorney Knighton Dickens said this provision was in the previous ordinance therefore,it is not an amendment to this ordinance. She advised Councilwoman Pritchett that if she wanted to amend that section, she could do so at this time. Manager Crew shared that recently he had two local bidders that bidded the exact same price of $700.00. He had to make a decision as to which bid to accept. He said that he did not have a problem with having the City Council make that determination on those bids that come before the City Council. He placed emphasis on the fact that this type of situation happens all the time, especially on those smaller bids. He further stated that changing this process would slow every thing down. Councilwoman Pritchett conveyed her concern because the elected officials have the responsibility of being accountable to the residents for the awarding of the bids and contracts. She further conveyed her understanding that there would be times when there will be a need to have a tie breaker. She wondered whether this was something the Council wants to be aware of and have a say in how those bids would be awarded;especially when they have been elected to ensure they are aware of all contracts and bids awarded in this City, as representatives of the people and the residents. Mayor Gibson referenced the issues being raised by Councilwoman Pritchett in regard to this item and commented that the Department of Procurement has a process where three bids are solicited. She asked whether this procurement process would be changed if this item was amended to address Councilwoman Pritchett's concerns. Attorney Knighton Dickens replied that it would. Mayor Gibson said that she had a concern about that. She conveyed her understanding that the elected officials were all responsible. Councilwoman Pritchett asked for a further clarification of the procurement process. Attorney Knighton Dickens explained all bids whether they relate to local preference would have to come to the City Council,if this provision is changed. Mayor Gibson related that there area lot of bids received on a day—to-day basis. That happens when the City is conducting business. She shared that she is not of the mindset to bring every one of those items before this Council,if there happens to be a tie. She emphasized that this would hinder the Regular City Council Minutes 4 April 13,2005 process of the day-to-day operation of the City.She further expressed her hopes that the City has hired people that will do what is right,and if there are employees that will not do what is right,then it is up to the City Manager to understand that he must make some changes. She conveyed her confidence that this staff is going to do what is right. Councilman Braynon said the change under discussion is a change that is totally different from the actual amendments he has proposed. He suggested that Councilwoman Pritchett work with the Procurement Manager to come up with an amicable solution that could then be brought back an amendment to the City Council, and allow these changes, which are of a different nature to move forward. He offered a compromise and stated that for those items brought before the Council to be awarded that if there is a tie verses the City Manager selecting someone to recommend,he brings both, with the Council making the determining the qualified bidder. Manager Crew said that he would certainly do that anyway. Councilwoman Pritchett indicated that she wanted to make sure the residents understood the process and what was being done in an effort to always consider looking out for the best interest of this City. Councilwoman Watson opined that those things the Council regularly look at and award should have a qualifying statement that stipulate those contracts would be subject that that tie breaker by the Council. She further stated that she would put a dollar amount,or exceed a certain number that would make this Council comfortable,which means that the day-4o-day business that is conducted by the City will not be interrupted with the City Manager having to bring those items to the Council for the tie breaker. Attorney Knighton Dickens suggested the following amendment to Section E ". For those contracts to be awarded by the City Council,the City Council shall determine to whom the bid will be awarded." Moved by Councilwoman Pritchett, seconded by Councilwoman Watson to amend the ordinance as prescribed by Attorney Knighton Dickens. There being no further discussion on the amendment,the motion passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes There being no further discussion on the ordinance as a whole,the motion to adopt on first Regular City Council Minutes 5 April 13,2005 reading passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING "PUBLIC HEARINGS." There were none W PUBLIC COMMENTS (10 - MINUTES) Jerry Williams,residing at 20840 NW 29t1'Court,Miami Gardens,Florida,appeared before the City Council to voice concerns with the two non-residential appointments to the Keep Miami Gardens Beautiful Committee. He further expressed concern with the Miami-Dade County Solid Waste Department trash and garbage service being provided to this community;the closing of a trash transfer station within the City of Miami Gardens and the possible loss of jobs for solid waste employees. Abdul Muhsin,residing at 17645 NW 18t'Avenue,Miami Gardens,Florida,appeared before the City Council to voice his views about economic development within the City from a private sector perspective. He informed the City Council that he would be bringing additional information back as it related to economic development. Sheneka Moore,with a business address at 16533 NW 27th Avenue,Miami Gardens,Florida, appeared before the City Council to advise everyone that Showtime Grill,a recently opened restaurant within the City of Miami Gardens had setup a table in the lobby area and would be providing samplings of its cuisine for everyone to partake of after tonight's meeting. Pamela Washington, residing at 3777 NW 204 ' Street, Miami Gardens, Florida, appeared before the City Council to express her views about the Solid Waste representative being recommended to serve on the Keep Miami Gardens Beautiful Committee. She further expressed concern about the possibility of loss of employment due to the changes occurring at the Miami-Dade County Solid Waste Department. Mayor Gibson conveyed concern with the comments she was hearing and placed emphasis on the fact that the Keep Miami Gardens Beautiful Program has nothing to do with the Miami-Dade County Solid Waste Department or its operation. She asked Ms.Codner to come forward to provide a brief synopsis of the Keep Miami Gardens Beautiful Program. Tsahai Codner,Director of Keep Miami Gardens Beautiful Program,appeared before the City Council to expound on the program. She indicated the Keep Miami Gardens Beautiful Program is a part of the overall Keep American Beautiful Program. The goal of the program is to educate and Regular City Council Minutes 6 April 13,2005 encourage individuals to beautify their communities. The Keep America.Beautiful Program identified various organizations that would be helpful with this initiative. The individuals recommended for appointment to the Keep Miami Gardens Beautiful Committee, are representatives from those organizations identified by Keep America Beautiful. Manager Crew further expounded on this program and shared that the program has nothing to do with solid waste,but everything to do with the beautification of a community(landscaping,planting trees and flowers,picking up litter),which utilizes volunteers for the various beautification projects. For example,this coming weekend volunteers will help plant flowers and scrubs in Andover Park to create a butterfly garden. The financing aspect of this program is to solicit funding to do beautification and education projects. Mayor Gibson emphasized that the City of Miami Gardens has nothing to do with Miami-Dade County Solid Waste. Whatever decisions made, were made at Miami-Dade County's level. She conveyed her belief that none of the City of Miami Gardens Council members had discussions with members of the Miami-Dade County Commission with regard to decisions they were going to make in reference the Solid Waste Department. She shared that the City of Miami Gardens did not know anything about the decision to close the trash transfer station. The City was told by Miami-Dade County that that decision was made last year. Thomas P. Spaulding, residing at 18805 NW 32nd Place, Miami Gardens, Florida, appeared before the City Council to express his views about the local preference ordinance and asked the Council is mindful of the tactics that will be used by primary firms to get the contracts. Lemuel Wims,residing at 19675 NW 32nd Court,Miami Gardens,Florida,appeared before the City Council to express concern about early morning neighborhood noises,and asked the City Council to draft appropriate legislation, or enforce the noise ordinance currently in effect to address this problem. He further inquired as to the process used to select the individuals recommended to serve on the Keep Miami Gardens Beautiful Committee. Manager Crew explained that the Keep Miami Gardens Beautiful Committee is not like the Revenue Enhancement Committee.It is a working Board of professionals and experts in the field,more of a policy guidance board. This Board will establish citizen committees in the various areas,which will be filled by residents. The Board has been assisting with the City's certification process. The City of Miami Gardens will receive its National Keep America Beautification Certification on April 21, 2005. Vice Mayor Campbell placed emphasis on the importance ofhaving individuals,who represent those areas of beautification concern on this type of committee. For example,a major roadway clean- up is underway and the City is having a problem getting the solid waste trucks to pick up the trash. If there is a representative from Solid Waste on the committee,all one has to do is contact that individual to solve the problem. The same would apply with the trash collectors. He restated that it is important to have a representative on the committee that can deal directly with an issue in their area of expertise. Attorney Knighton Dickens said that it is not clear as to what the duties and responsibilities of Regular City Council Minutes 7 April 13,2005 the Committee members are. The City Council did in fact approve a Keep Miami Gardens Beautiful Program. Manager Crew indicated that the duties and responsibilities were addressed when the Program was originally approved by the City Council. Albert C. Thrower, residing at 18510 NW 23'd Avenue, Miami Gardens, Florida, appeared before the City Council and emphasized the importance of instilling a sense of pride and respect in the neighborhood youth. Items KI and K2 were removed from the Consent Agenda. (K) CONSENT AGENDA/RESOLUTION(S) (L) RESOLUTION(S) RESOLUTION NO. 2005-62-239 (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE CITY MANAGER'S APPOINTMENT OF INDIVIDUALS TO SERVE AS SPECIAL MASTERS FOR THE CITY'S CODE ENFORCEMENT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) City Manager Crew explained the relevant issues involved with this item. He asked that the resolution be amended to include the name of Olivia Benson as a Special Master. Moved by Councilman Braynon,seconded by Councilman Bratton to amend the resolution to include the name of Olivia Benson. There being no further discussion on the amendment,the motion passed and carried by a 6-0 vote. Moved by Councilman Braynon,seconded by Vice Mayor Campbell to approve the resolution as a whole. There being no discussion on this item,the motion to approve the resolution as a whole,passed and carried by a 6-0 vote. Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes Regular City Council Minutes 8 April 13,2005 RESOLUTION NO.2005-63-240 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,APPOINTING MEMBERS AND STAFF LIAISONS TO SERVE ON THE "KEEP MIAMI GARDENS BEAUTIFUL BOARD"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew commented that the City has had more success with this program than anything else the City has ever done. He shared that it was very disheartened to him to have this turned into something that it is not. He said one of the nominees(Susan Friedman—private haulers)has indicated that she is not interested in anything that is controversial in nature. There is also a change in the Miami-Dade County Solid Waste appointee from Alvin McCray to Victoria Garland. He shared that the City will have to find someone else to represent the private haulers. Moved by Councilman Braynon,seconded by Councilwoman Watson to amend this resolution to replace the name Alvin McCray with Victoria Garland as representative appointee for the Miami- Dade County Solid Waste Department,and to correct the surname of Warren Henry to Warren Zinn. The amendment passed and carried by a 6-0 vote. Moved by Councilwoman Pritchett, seconded by Councilman Braynon to approve this item. Councilwoman Pritchett asked for clarification as to whether her understanding was correct from comments made by the City Manager that this Board would set policy. Manager Crew indicated that the City Council would set policy. The Board would recommend policies to the City Council. Councilwoman Pritchett questioned whether this Board has been meeting for almost a year prior to being officially appointed. Manager Crew said that these individuals have not been meeting as a Board,but on individual basis with Ms. Codner. Councilwoman Pritchett said she did not want the perception that the Keep Miami Gardens Beautiful Board has been meeting out of the Sunshine. Manager Crew clarified that these individuals have been in contact with Ms.Codner on a one- on-one basis,not as a group. Councilwoman Pritchett emphasized the importance of speaking very clearly for the public record so that there is no misconception that the City is doing anything that is not aboveboard,and is in accordance with applicable rules and regulations of the City. Mayor Gibson conveyed her understanding of this process and indicated that as part of the Certification process there are some things that need to occur. Having a Board in place is one of the Regular City Council Minutes 9 April 13,2005 key factors in receiving National Certification. She emphasized that a Board is not official until the process is complete and recognized by the Keep America Beautiful Program. Councilwoman Pritchett referenced the Non-Statutory Board and Committee Ordinance as it related to the appointment to those boards by the Mayor and the City Council. Attorney Knighton Dickens indicated that no members have been appointed as yet. Staff has recommended individuals for appointment. The City Council has the authority to strike a name,or add a name. She referenced Section 2 of the resolution and shared that language is provided that because the members were being appointed as a Body,they would have to be removed as a Body. Councilwoman Pritchett conveyed her appreciation for all the preliminary work done by the individuals being recommended for appointment. She asked whether it would be wise for the Council to follow the dictation of the ordinance that clearly states the Mayor and each member of the City Council shall have the right to appoint members to all non-statutory boards. Mayor Gibson asked Councilwoman Pritchett if there was someone she wanted to appoint to this Board. Councilwoman Pritchett commented that she was sure, and if that be the case, it would be necessary for her to have an opportunity to review,interview and select,then offer a name,and she was not prepared to do that at this time. Councilman Bratton indicated that there were two vacancies to be filled. Councilwoman Pritchett said that she has not had a chance to speak with any of the citizens. Councilwoman Watson conveyed her understanding of what Councilwoman Pritchett was saying. She shared that in order for the City to qualify Keep America Beautiful has recommended the representation of certain organizations to be effective. She suggested, in an effort to move forward, each Council member could appoint one of the individuals already being recommended. She indicated that she would nominate Warren Zinn as her appointment to this Board. She placed emphasis on the importance of being Nationally Certified so that this City can get all of the benefits it deserves. Councilwoman Pritchett stressed the importance of being inclusionary of the residents that reside within this City. There are other individuals that can be selected to fill the vacancy of the individual that chose not to continue. If the City has a national mandate to have those vacancies filled, in her opinion there are residents who reside in the City of Miami Gardens, who can meet the qualifications that have been put forward. Councilwoman Watson said that it is important to not lose sight of the fact that the City has to have representation from certain organizations in order to receive National Certification. She emphasized that representation from these organizations are necessary,not optional. She said there are places of involvement for members of this community to take part. She said the representatives being recommended are members of those organizations that the City needs to be in contact with to get things Regular City Council Minutes 10 April 13,2005 done. She pointed out that these individuals will function in a liaison position. Mayor Gibson opined that there is no way the City of Miami Gardens is going to function and be successful,with only the residents who live here. You can not have a City that does not reach its hand out to other stakeholders that do not reside within that City.She reiterated this City is not a part of the situation that is going on with Miami-Dade County's Solid Waste Department and its employees. She shared that many sponsors have assisted the City with the numerous events that have taken place thus far. Those events would not have happened if those sponsors had not been of the kind of mindset and heart to help the City get those things done. She opined that the City can not be an island upon itself,and is not going to have anybody else be involved in anything that happens here,unless they just absolutely live here. She emphasized the importance of looking at the bigger picture. Councilwoman Pritchett said that she did not have an issue with the individuals being recommend,but did want to appoint residents to the two vacant positions. She asked the City Attorney for clarification. Attorney Knighton Dickens said that she did not have a clarification as to the whole item,but did want to clarify that to her knowledge she was not aware whether a particular people or particular industries were necessary for the City to be certified by the National program. The program was approved some time prior,however she could not recall what the requirements were at that time. Nor could she recall what the Board requirements were because those requirements are not mentioned in this document.It is the Council's decision as to whether other individual should apply,with individuals Council members making those appointments. Councilman Braynon asked for clarification purposes whether Councilwoman Pritchett was recommending that the two vacant positions be filled by residents. Councilwoman Pritchett said that she did not have enough information to make that determination or to make the right decision tonight with this Board. Councilman Braynon opined that the Keep Miami Gardens Beautiful program has been one of the most successful programs implemented in this area. It is almost a shame that it has been portrayed in such a negative way for whatever reason. He shared that his only question was what are the specific duties of this Board. Ms. Codner said the Board is currently a recommending Board. Councilwoman Pritchett opined that the background information on the program,and the duties and responsibilities of this Board would help her in making an informed decision. Attorney Knighton Dickens shared that the City Clerk has gone to retrieve the information approving the Keep Miami Gardens Program. Moved by Councilman Braynon,seconded by Councilman Bratton to table this item,until after the second public comments section. This motion passed and carried by a 6-0 vote. Regular City Council Minutes 11 April 13,2005 After this item was brought back to the floor,Councilman Braynon shared that after review the information provided by the City Clerk, there were two things that he wanted to comment on. He referenced the language on last line on page 1 of the resolution previously adopted approving the Keep Miami Gardens Program, which reads "the City Manager is further authorized to take all necessary action to effectuate this resolution." He said that for what he has seen of the Keep Miami Gardens Beautiful Program,he trust that the City Manager is doing a good job in effectuating what the Council has asked him to do through this resolution. He further conveyed his trust that the City Manager is making recommendations that will allow him to continue the good program that he has put forward before the City Council. Councilman Braynon offered the following amendment to the resolution"whereas the Keep Miami Gardens Beautification Board will serve as an advisory board to the City Council for Miami Gardens' beautification efforts." This would clarify that the Board is an advisory and not a policy board. This motion was seconded by Councilwoman Watson. Manager Crew indicated that once the program is up and running staff will come back to the Council to request the appointment of local residents to the Board. There being no further discussion on the amendment,the motion passed and carried by a 5-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Not present Councilwoman King: Not present Mayor Gibson: Yes Moved by Councilwoman Pritchett to appoint Adul Muhsin, Senior Account Executive for WEDR to the current Advisory Board. This motion was seconded by Councilman Braynon. There being no further discussion,this motion passed and carried by a 5-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Not present Councilwoman King: Not present Councilwoman Pritchett: Yes Mayor Gibson: Yes There being no further discussion on the resolution as a whole,the motion to approve passed and carried by a 5-0 vote. Regular City Council Minutes 12 April 13,2005 Vice Mayor Campbell: Not present Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Mayor Gibson: Yes (M) REPORTS OF CITY MANAGER AND CITY ATTORNEY. Please note that Vice Mayor Campbell left the meeting at 9:05 p.m. City Attorney had no report. Manager Crew reported that two Charrettes have been scheduled for the Comprehensive Development Master Plan. The dates are Wednesday,May 4, 2005 and Wednesday,May 18,2005. Total cost of both Charrettes would be approximately$13,000.00. Both events are scheduled to be held at the North Dade Regional Library from 6-9 p.m. A Miami Modern Architecture tour of Sunshine State International Park and surrounding neighborhoods is scheduled for May 23, 2005, beginning at 5:30 p.m., a reception will follow at the El Palacio Resort Hotel&Suites at 8:00 p.m. There is no charge for this event. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS. Councilman Braynon reported on the successful Basketball Tournament held on last Saturday. He further announced the Parade of Homes is scheduled for Saturday, April 22, 2004, at City Hall, beginning at 10:00 a.m., and invited everyone to come out to this event. Councilwoman Pritchett shared that she had attended the Miami-Dade Days event in Tallahassee, along with Mayor Gibson. The event which consisted of meetings with the House of Representative and Senate members was very informative. She gave each Council member, not in attendance in Tallahassee due to a scheduled City of Miami Gardens Zoning Meeting,a souvenir(from the Village of Palmetto Bay and the Town of Miami Lakes),the luncheon event co-sponsors. Councilwoman Pritchett inquired about a finalized completion date for the 183rd Street Improvement Project. Mayor Gibson shared that the information she has received indicates that the 183rd Street Improvement Project should be completed sometime in July 2005. She further reported on the Miami- Dade Days event in Tallahassee. She shared that she had met with Governor Bush and discussed some of the issues and concerns of the City. She further shared that she had received the Philip Brutus Diversity Award from the Dade Delegation. She acknowledged the City's lobbyist, Yolanda Cash Jackson for her hard work and due diligence ensuring all applicable appointments were set and the rigorous schedule adhered to during this event. Regular City Council Minutes 13 April 13,2005 Mayor Gibson announced the Miami Gardens Jaycees is sponsoring an awards ceremony on June 17, 2005. Nomination applications can be found on the table in the back of the City Council Chambers. Councilwoman Watson announced that a planting project to create a butterfly garden is planned for Andover Park on Saturday,April 16,2005. She further expressed concern with the potential impact on local schools from three new major developments taking place in District 2. All of the students from those developments are slated to go to Miami Norland Elementary, Middle and Senior High Schools. She said that when the developers prepare their impact studies,they are only addressing their development,which is correct. However,the City Council needs to be looking at the bigger picture. She moved to schedule a workshop to address this potential overcrowding issue from the developments that will be coming on line within the next 18 months. This motion was seconded by Councilman Braynon. Attorney Knighton Dickens advised that the School Board would need to be involved with this workshop because they are really the ones who control schools. Councilwoman Watson stated that she wanted to make sure school board representation was involved in order to provide the City with data on the potential impact of those matters being approved by the City Council when it sits as the Zoning Board. Moved by Councilwoman Watson,seconded by Councilman Braynon to amend the motion to include school board representation at the workshop. The City Manager is to schedule the date and time of the workshop. There being no further discussion on the amendment, the motion passed and carried by a 5-0 vote. Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Not present Mayor Gibson: Yes Councilwoman Watson asked what progress was being made in getting a mural painted on the Palmetto Expressway Overpass. Manager Crew indicated that staff had spoken with representatives from FDOT,who did not seem to have a problem with it. The only concern is the on-going maintenance and the cost involved. Once the maintenance cost information has been received,more information will be forthcoming. Moved by Councilman Braynon, seconded by Councilwoman Watson to bring back Item L-2 to the table. This motion passed and carried by a 5-0 vote. (0) REQUESTS, PETITIONS & OTHER COMMUNICATIONS FROM THE Regular City Council Minutes 14 April 13,2005 PUBLIC. Thomas P. Spaulding, residing at 18805 NW 32"d Place, Miami Gardens, Florida, appeared before the City Council to share his concerns with the deplorable overcrowding conditions at the Carol City Schools. Sharon Frazier Stephens, residing at 145 NE 193rd Street, Miami, Florida, appeared before the City Council to convey her concerns about Miami Norland High School bully situation. She shared that she has been lobbying in Tallahassee on behalf of the Bully Law. She further commended Councilwoman Watson for her efforts. Ronda Sims, residing at 17200 NW 9'Place, Miami Gardens, Florida, appeared before the City Council to share her views about the conditions of the schools in the City of Miami Gardens. She encouraged the City Council to attend the Miami-Dade County School Board meeting to voice their concerns. Lemuel Wims, residing at 19675 NW 32'Court, Miami Gardens, Florida, appeared before the City Council to convey that the 183rd Street Improvements have gone on too long. Hugh Dodd, residing at 17125 NW 19'Avenue, Miami Gardens, Florida, appeared before the City Council to share his views about developers who do substandard construction work. (P) ADJOURNMENT. After there was no further business to come before this Body, and upon being duly moved by Councilman Braynon and seconded by Councilman Bratton, the eting adjourned at 9:58 p.m. Shir y ibso , Mayor Attest: Ronetta Taylor, CM ity derk Regular City Council Minutes 15 April 13,2005