Loading...
March 23, 2005 CITY OF MIAMI GARDENS CITY COUNCIL MINUTES MARCH 23, 2005 (A) CALL TO ORDER/ROLL CALL The City Council of the City of Miami Gardens,Florida,met in regular session on Wednesday, March 23, 2005, beginning at 7:10 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, IL Councilwoman Audrey King arrived at 7:50 p.m. (B) INVOCATION Dr. Lester Brown delivered the Invocation. (C) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes March 9, 2005 Moved by Vice Mayor Campbell, seconded by Councilman Braynon to approve the minutes with the necessary additions/deletions as provided by the City Clerk. This motion passed and carried by a 6-0 vote. Councilwoman King was not present when this vote was taken. (E) ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS): Moved by Councilwoman Watson,seconded by Vice Mayor Campbell to approve the official agenda with the following amendment,sponsored by Mayor Gibson,as Item L-2."A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,SUPPORTING THE CITY OF NORTH MIAMI BEACH'S TOILET RETROFIT PROGRAM, AUTHORIZING A WAIVER OF CERTAIN PERMIT FEES FOR RESIDENTS WHO RESIDE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE." There being no further discussion, this motion passed and carried by a 6-0 vote. Councilwoman King was not present when this vote was taken. (F) SPECIAL PRESENTATIONS (5 minutes each) 1. Special Recognition a. Arilicia Williams, Proprietor King's Kids Academy Councilwoman Pritchett,along with Mayor Gibson and members of the City Council presented Ms.Williams with a plaque for her outstanding achievement in receiving the Mom and Pop Business Regular City Council Minutes March 23,2005 of the Year Award,and providing quality service to the residents of the City of Miami Gardens and the Community at-large. Ms. Williams thanked the City of Miami Gardens for presenting her with this beautiful plaque. She further acknowledged the Miami-Dade County Mom and Pop Grant program for its assistance. b. Pat Stripling,President The Council of Grandparents Raising Grandchildren,Inc. Councilwoman Pritchett along with Mayor Gibson and members of the City Council presented Ms. Stripling with a plaque for her outstanding achievement and continued support of grandparents throughout Miami-Dade County. Ms. Stripling was selected as the National Grandparent of the Year and inducted into the Hall of Fame for the National Organization of Grandparents Raising Grandchildren, Inc. She is soon to be featured in Time Magazine. Ms. Striping thanked the Mayor and City Council and conveyed that it is a privilege receiving this plaque from the City of Miami Gardens. C. Herbie Thompson, President-The Nisei Youth P.A.C.Program,Inc. Councilwoman Pritchett along with Mayor Gibson and member of the City Council presented Mr. Thompson with a plaque for his outstanding accomplishment in developing a comprehensive approach of effective prevention and intervention technologies for at-risk children(ages 3-18) and their families as well as offering alternative service resources to youth involved in the juvenile justice system. Mr. Thompson thanked the Mayor and City Council members for this presentation. Mayor Gibson acknowledged Councilwoman Pritchett for her efforts in bringing to the Council's attention those individuals making positive contributions to this community. 2. Major Donald Rifkin,Miami Gardens District Police Department—Monthly Report Major Rifkin reported that the name of the Carol City District Police Department has been officially changed to the Miami Gardens District Police Department. A request for new signage representing the name change to Miami Gardens District Station No. 9 was ordered. Major Rifkin reported for the month of February 2005,crime was down overall by thirty-three percent, as compared to January 2005. Overall crime remains down by four percent year-to-date, as compared to last year.There were decreases in all areas with the exception of commercial burglaries, which remain unchanged. Mayor Rifkin referenced the Specialized Police Report,which indicated the City received 136 operations,resulting in 185 arrests. Most of those arrests were the result of outstanding warrants.. Ten pounds of marijuana,nineteen grams of cocaine,and approximately one thousand dollars in cash was recovered,in addition there were three hundred seventy-nine field interviews written. Regular City Council Minutes 2 March 23,2005 Major Rifkin indicated that in the future a monthly staffing report will also be provided,along with the crime report. Councilman Bratton inquired about the disposition of the drugs that were confiscated. Major Rifkin stated that the drugs were impounded and after they are no longer needed for court,the drugs are disposed of The drugs are transported under heavy guard,every couple ofmonths to an incinerator in Broward County for destruction. 3. Barbara Falsay,Miami-Dade County Parks Dr.Falsay appeared before the City Council to introduce a project,which Miami-Dade County is currently doing a feasibility study on to extend the greenway from the turnpike to North Miami Beach. Mr.Mark Heincke,a representative from Miami-Dade County Parks,appeared before the City Council to talk about the Pedestrian Cycle and Planning Feasible Study. The subject corridor is approximately 3.4 miles and reaches from Miami Gardens Drive to the Florida Turnpike. He placed emphasis on the fact that this is strictly a feasibility study. Some of the objectives of the study are to determine the community's needs and desires for community walking trails; establishing design and development criteria; reviewing and identifying environmental concerns and provide a physical activities team. With this project it would become a reality to ride a bike from the City of Miami Gardens all the way over to Hall Over Beach. Some concerns raise included: concerns with the busy streets(crossing 441); the under path of I-95. Mr.Heincke said there are two projects a link into this project. The Army Corp Project,which Environmental and Assessment Study was completed October 2003. This project encompasses NW 37th Avenue to the Florida Turnpike. The other link is the Miami-Dade County Parks and Recreation Corridor. This project encompasses the Florida Turnpike to NW Miami Gardens Drive. Anticipated completion of this feasible study is September 2005. There is an existing path within the Miami Gardens Drive to NW 2nd Avenue corridor. However,that existing path is substandard and only sixteen and a half inches wide. There is another link in this process,which is the North Miami Beach project. That project has two existing paths; one on the north side and one on the south side,which has paths eight foot wide. Ms. Jennifer Grotlen, a representative from Miami-Dade County Parks, appeared before the City Council to further expound on this project. Vice Mayor Campbell inquired about the funding source for North Miami Beach's portion of the project. Dr.Falsay said that the City of North Miami Beach as well as other organizations contributed to this project. Councilman Bratton inquired about the funding source for this project. Dr.Falsay indicated that there is funding for the feasibility study. Approximately one million dollars from the General Obligation Bond, has been appropriated for the construction documents. Regular City Council Minutes 3 March 23,2005 Funding for the actual development would then be solicited. State funding has typically been awarded for this type of project. Councilman Bratton asked who will maintain the greenway once the project has been completed. Dr.Falsay indicated that Miami-Dade County would be responsible for the maintenance. Councilwoman Pritchett related that the North Miami Beach greenway has some illumination and inquired if lighting in terms of illumination would be considered in the feasibility study for this project. Officer Kevin Prescott, an officer with the North Miami Beach Police Department appeared before the City Council to address Councilwoman Pritchett's question. He explained that the North Miami Beach bike path currently is being illuminated by street lights on the west side,and on the east side there are also lights but they are not as bright because there are homes abutting the bike path. Dr.Falsay further related that lighting for the greenway would be considered in the feasibility study. Councilwoman Watson expressed concern as to whether consideration would be given in the feasibility study in order to ensure that the bike path would not end at the north side of the turnpike due to the Snake Creek Finger Canal that runs through this area. She suggested utilization of the south side of the Snake Creek Finger Canal to ensure a continuation of the bike path. Mr.Heincke related that this situation was mentioned in the Army Corp Project. Some sort of pedestrian bridge would be constructed to accommodate a continuous flow. This situation would be worked out with the South Florida Water Management District. Councilwoman Watson questioned whether the Miami-Dade County Parks and Recreation Department would be considering developing(allow for a resting spot) a piece of property on 441, along the north side of the Snake Creek Finger Canal, which belongs to the South Florida Water Management District. Dr. Falsay shared that rest stops/oasis are considered along the bike paths, and indicated that this is certainly an opportunity being looked at. Councilwoman Watson conveyed the importance of having the necessary funding to complete the Army Corp and South Florida Water Management connection through the City of Miami Gardens. Dr. Falsay stated that Miami-Dade County's priority is to get to the turnpike. Councilwoman Watson asked if phase one could be done. Dr. Falsay said that Councilwoman Watson's concerns would be taken into consideration however this is only at the feasibility study phase. Regular City Council Minutes 4 March 23,2005 Councilman Braynon asked whether people were allowed to fish along the North Miami Beach bike path. Officer Prescott indicated that fishing was not allowed along this corridor,nor is jet skiing or other water sports allowed due to the wild life living in the waterways. (G) ZONING MATTERS There were none (II) ORDINANCE(S) FOR FIRST READING There were none (I) ORDINANCE(S) FOR SECOND READING "PUBLIC HEARINGS." ORDINANCE NO.2005-15-53 (1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING GUIDELINES FOR CAMPAIGN CONTRIBUTIONS; PROHIBITING CERTAIN CAMPAIGN CONTRIBUTIONS;PROVIDING FOR COMPLIANCE WITH MIAMI-DADE COUNTY'S ETHICAL CAMPAIGN PRACTICE ORDINANCE;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 MAYOR GIBSON) Mayor Gibson opened the floor for the public hearing. After there were no interested parties to speak on behalf of this item,the public hearing was closed. Moved by Councilman Braynon, seconded by Councilman Bratton to adopt this ordinance. Councilman Bratton referenced page 2,line 31 of the ordinance and asked for the definition of "immediate family". Attorney Knighton Dickens opined that the definition would mean,mother, father, children. She related that there was no definition provided for in the ordinance,and recommended approving the ordinance. This would provide staff an opportunity to find out how Miami-Dade County defines "immediate family". She indicated that this ordinance can always be amended to provide a definition for immediate family, for clarification purposes. There being further discussion,the motion to adopt,passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Out of room Regular City Council Minutes 5 March 23,2005 Councilwoman Watson: Yes Mayor Gibson: Yes (J) PUBLIC COMMENTS (10 - MINUTES) Robert Parrish,with a residential address of 1421 NW 179 'Street,Miami Gardens,Florida, appeared before the City Council to relate a traffic accident incident,which resulted in his subsequent arrest and un-arrest. He further expressed concern that the traffic light on NW 17'h Avenue,near the entrance ramp to the Palmetto Expressway was malfunctioning. He conveyed that he was unfairly treated by the responding police officer. Mayor Gibson asked if Mr. Parrish was here to file a complaint against the police officer regarding his treatment during this traffic accident incident. Parrish shared that he'd spoken with Major Rifkin about this incident. He stated that he wanted to ensure fair treatment of all by the police officers who patrol this area. He further requested that the traffic light be checked. Mayor Gibson ensured Mr.Parrish that his concerns would be addressed by Mayor Rifkin,and staff respectively. Hugh Dodd,residing at 17125 NW 196'Avenue,Miami Gardens,Florida,appeared before the City Council to ask whether a tow truck was considered an emergency vehicle. Major Rifkin appeared before the City Council to respond to Mr.Dodd's inquiry and stated that a tow truck is not considered an emergency vehicle. Mr. Dodd asked whether permits pulled by contractors for this area by Miami-Dade County prior to the incorporation of Miami Gardens were transferred to the City. Christopher Steers,Assistant to the City Manager for Business Services appeared before the City Council to respond to Mr. Dodd's question. He indicated that Miami-Dade County has jurisdiction over any open permits that were issued prior to the incorporation of Miami Gardens,and the City taking over that function in October 2004. Any expired permits or permits that have not been finalized by Miami-Dade County would be reported to the City of Miami Gardens. Those expired or not finalized permits would have to be re-opened with the City of Miami Gardens. Mr. Dodd further asked if the City's restroom facility was up to code. Mr.Horace McHugh,Assistant City Manager appeared before the City Council to respond to Mr.Dodd's question and stated that the bathroom was up to code and had in fact passed the necessary inspections. Ms.Sharon Frazier Stephens,residing at 145 NE 193rd Street,Miami,Florida,appeared before the City Council to report on the activities of the Norland PTSA. An installation of officers and award's ceremony will be held on May 3,2005. An invitation to the elected officials is forthcoming. Regular City Council Minutes March 23,2005 Mr. Sandy Kindell,III,residing at 1250 NW 179th Terrace,Miami Gardens,Florida,appeared before the City Council to propose a Tutorial program,for middle school students. He informed the City Council that he was looking for a place to house the program and applicable funding. Councilwoman Pritchett asked Mr. Kindell if he had applied for any type of grant funding or made this appeal to any other organizations. Mr. Kindell replied that he had not. Ms.Quincy Sands with a business address at 16533 NW 27th Avenue,Miami Gardens,Florida, appeared before the City Council to introduce a recently opened restaurant,Showtime Grill Takeout to the Council and the community. Ms. Shmeka Moore,residing at 2245 NW 140th Terrace,Opa-locka,Florida,appeared before the City Council to further expound on the restaurant,which includes an after-school menu. She said that food samplings would be provided at the next City Council meeting. Mayor Gibson asked that Ms. Moore contact either the City Clerk or City Manager to make setup arrangements for the food. Mr.Oma Barnes,residing at 1800 NW 186th Street,Miami Gardens,Florida,appeared before the City Council to question whether opportunities would be available for local businesses to be involved in some of the City of Miami Gardens' development projects. Mayor Gibson related that Mr. Barnes had attended the"How to do business with the City of Miami Gardens Workshop"on last week and at that time he had asked the same question. She asked Mr. Barnes whether the answer he had received at that time was satisfactory, because he would probably get the same answer tonight. Mr. Barnes said he wanted to know the process to ensure that all were treated fairly when it came to sealed bids. Manager Crew said that all bids were public record. Once the bids are opened anyone is welcomed to contact the Purchasing Director and request to see the file. The sealed bids are actually opened in the public, with the results being announced publicly. In addition, the City has a local preference provision in its purchasing ordinance. Which means that if a local bidder is within five percent of the lowest bid,the local bidder is given an opportunity to match that low bid. The City also maintains a local vendor's list and whenever possible tries to utilize that list. The following items were removed from the Consent Agenda, and placed under the Regular Agenda: Item Nos. 2,3,4, 5, 6, 7, 8, 9, 10 and 13. (K) CONSENT AGENDA/RESOLUTION(S) RESOLUTION NO.200544-221 (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID AND AUTHORIZING THE Regular City Council Minutes 7 March 23,2005 PURCHASE OF ONE TWO THOUSAND(2,000)GALLON WATER TRUCK IN AN AMOUNT NOT TO EXCEED SIXTY-SIX THOUSAND FOUR HUNDRED($66,400.00)DOLLARS;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) RESOLUTION NO.200545-222 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR COLLECTION AND DISTRIBUTION OF THE COMMUNICATIONS SERVICE TAX PROCEEDS LEVIED BY THE CITY OF MIAMI GARDENS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A;PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.200546-223 (3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR AUTOMATED PARKING CITATION HARDWARE,A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A;PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Vice Mayor Campbell to adopt the Consent Agenda. There being no discussion,this motion passed and carried by a 6-0 vote. Councilman Braynon: Out of room Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Based on the documentation provided by staff and staff's recommendation she voted: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes (L) RESOLUTION(S) RESOLUTION NO. 2005-47-224 (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID AND AUTHORIZING THE Regular City Council Minutes 8 March 23,2005 PURCHASE OF TWO(2)FIVE CUBIC YARD DUMP TRUCKS;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilwoman King to approve this item. Councilwoman Watson explained she had pulled this item because there maybe a discrepancy with the amount of the extended warranty. Attorney Knighton Dickens indicated that Councilwoman Watson was referring to Item No. I on the Consent Agenda. However, either way the issue would be researched and corrected as a scrivener's error. There being no further discussion,the motion to approve passed and carried by a 5-0 vote. Vice Mayor Campbell: Out of room Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Out of room Mayor Gibson: Yes RESOLUTION NO. 2005-48-225 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI GARDENS, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A", FOR THE CONSTRUCTION OF THE CAROL CITY COMMUNITY CENTER PROJECT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilwoman King to adopt this item. Councilwoman Pritchett asked if there were any changes or modification to this original agreement as it relates to the Carol City Community Center. Attorney Knighton Dickens related that there are some changes. This document is still a work in progress. What is presented is not the final document to be signed. The dollar figure will not change. Staff is working on better language. The resolution provides for the approval of this Interlocal Agreement in substantial form. Manager Crew indicated that the Charter provides for 6.5 million,however from City staff and representatives of Miami-Dade County,the figure has always been 6 million. He related that he was Regular City Council Minutes 9 March 23,2005 not sure how the 6.5 figure got into the City Charter. Councilwoman Pritchett said this was her concern.She questioned whether anyone checked the minutes from the meeting where this funding was allocated. She emphasized that there is a big difference from 6 million to 6.5 million dollars($500,000). William Green, Assistant to the City Manager for Public Services, appeared before the City Council and shared that Miami-Dade County's Budget Ordinance reflects the figure of 6 million dollars being allocated. There being no further discussion,the motion to approve this item passed and carried by a 6-0 vote. Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Out of room Mayor Gibson: Yes RESOLUTION NO.200549-226 (3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE CORRADINO GROUP FOR TRAFFIC/TRANSPORTATION ENGINEERING, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilman Bratton to approve this item. Councilwoman Pritchett referenced page 2 of the memorandum outlining staff s recommendation to issue non-exclusive contracts and made notice that several consultants were being recommended for traffic/transportation engineering services, Planning Services, and Storm water Engineering,however only one consultant was being recommended for Architectural and Landscape Architect services. Councilman Braynon recounted that when the City had awarded the Architectural and Landscape Architect Services contract to Keith and Schnars,he had made a big to do about bringing this item back and naming more firms to put on that list so that the City would have a list of professionals to choose from. He opined that to be fair there should be a list of three consultants in each category. He suggested adding an additional firm to the Architectural and Landscape Architect Services category. Councilwoman Pritchett inquired if any of the fines were from the City of Miami Gardens. Regular City Council Minutes 10 March 23,2005 Manager Crew indicated that none of the primary firms are located within the City of Miami Gardens. He shared that staffknew that would happen because some of the projects require a great deal of experience e.g.preparing a Transportation Master Plan.Certainly all of the top firms have done that kind of work. Knowing that the City did not have any large firms in town, therefore a Local Preference Provision was provided in the bid specs. That means,if there are firms in town(smaller firms),the City offered that preference to hopefully build some partnerships with the larger firms. A number of the bidders did pick up local partners, which is evident by the bids. For example, EBS Engineering is a partner on three different contracts. Councilman Braynon asked how many points were allocated to primary firms located within the City of Miami Gardens. Manager Crew related that there were a total of 100 points were allocated. Out of that 100,five points were for a local firm. If there is a partner that is local, that primary firm only got 2.5 points. There was only one local firm that submitted a proposal as a primary firm,which was a smaller firm and did not have the kind of resources to compete with these larger firms. Therefore, even with the ranking,which included the five points,that local firm still did not garner enough points to make it to the top three. Councilman Braynon questioned whether the primary firms were subcontracting with the local firms in order to get the 2.5 points. He questioned whether the primary contractor could give the subcontractor two percent of the total work. Manager Crew indicated that if the subcontractor did not feel that they had gotten enough of a deal,they would not have signed on. Attorney Knighton Dickens clarified that the question is whether the City can give a certain amount of points for local participation. This answer is yes the City can. The other question is whether or not the City can decide how much of that contractor's business is subcontracted,and the answer is no the City can not. The City can say up front how many points a primary firm would get for having local participation,which is already provided for in the Purchasing Ordinance. Councilman Braynon further clarified his question and asked if the City had established a maximum amount of work a primary contractor would give a local subcontracting firm that partnered with the primary,in order to generated enough points for that primary firm to get the contract. Manager Crew said that the City did not do that. Councilman Braynon asked if the City could do that. Attorney Knighton Dickens conveyed her belief that the City could not do that. She said that she would do some research as to whether or not the City can require that local businesses get a certain percentage of the primary contract. Councilman Braynon related that he did not want primary contractors to use small businesses located within the City of Miami Gardens in order to get the contract,and not make that smaller firm a Regular City Council Minutes 11 March 23,2005 full fledged partner. Manager Crew shared that everything has two sides to it. By not specifying how much a subcontractor gets, the City will get a lot of businesses out there that will subcontract with local businesses. He further shared that if the firms selected did not get any points for having a local subcontractor,it would not have changed the outcome. Having the local preference in this process did not alter the top three firms. Councilman Braynon conveyed his understanding of Manager Crew's comments. He stated that he did not want to see the local businesses used and not get the full benefit of getting work from the firms the City of Miami Gardens selected. Manager Crew reiterated that if the primary firms had not subcontracted with local business, those extra points would not have been awarded,however those primary firms would have still been recommended to receive the contract because even without the local business preference,those primary firms had enough points. Councilwoman Watson concurred with Councilman Braynon's comments. She emphasized the importance of subcontractors getting their fair share. She opined that the importance here is to help local firms/businesses grow. Mayor Gibson opined that the City Council wants to be fair and to help local companies to progress and become larger than they are, and be able to be in a position where they can really be primary firms. However,the City is prevented from doing that because of the law. Attorney Knighton Dickens has indicated that she will research this matter and if there is some language that the City can use; hopefully it would not put the City back to square one. She suggested holding a workshop to further discuss and clarify the local preference provision, and the City Attorney's findings. Councilman Braynon indicated his understanding that the amount of points being awarded are in fact,ineffective in motivating a primary firm to seek local preference participation in order to secure the bid,because those primary firms would received the necessary points anyway.He further suggested changing the local preference point provision from five to ten. Councilwoman King questioned whether those subcontractors were satisfied with what they were projected to receive. Mr. Benjamin Essein, President of EBS Engineering, with a business address at 4715 NW 167 'Street,Miami Gardens,Florida, appeared before the City Council to share that he had teamed with some of the primary firms. He said that he could not get the primary firms to commit to a percentage on the project. The percentage point system is a common practice with Miami-Dade County. As the percentage increases,the point received increases. He opined the system the City has in place is not complete in a sense,because the primary firms could have been awarded the bid without local preference participation. He further encouraged the City Council to reevaluate this issue to be inclusionary of local businesses, small businesses and minority businesses. Councilwoman King asked how the City can be sure the primary firms are actually giving the subcontractors a portion of the work. Regular City Council Minutes 12 March 23,2005 Attorney Knighton Dickens related that there is a termination clause in each contract,and if the local subcontractor advises that they have not gotten any work,which was committed to as part of the RFP, the City could terminate the contract. Ms. Cheryl Dickens, with a business address at 1120 NW Biscayne Boulevard, Ft. Lauderdale,Florida,appeared before the City Council to ask Attorney Knighton Dickens if a Letter of Intent could be made a part of the contract. Attorney Knighton Dickens said the City can get the contractor to certify to the City their intentions. Councilman Braynon asked if what Attorney Knighton Dickens just mentioned is something that can be done with the present situation or is it something the City can look at for the future. Mayor Gibson said Attorney Knighton Dickens'recommendation is something this Council can entertain for future contracts. Councilman Bratton shared that if he was a primary contractor, he would increase his bid amount because of these stipulations. Attorney Knighton Dickens provided further clarification to the concerns raised by Councilman Braynon regarding the points. She said that the City will give a certain amount of points. In order for a company to qualify for those points the contractor would have to certify that they would use a certain percentage of local preference. This is different from saying"you better use the local preference or you will not get the contract." Councilman Bratton expressed concern as to whether the primary contractor would be inflating the price to get the contract. Manager Crew said hat primary contractor would then take a chance in not being awarded the contract. Mayor Gibson asked Mr. Essein, "As it stands now, how many of the primary contractors being awarded bids tonight did his firm stand a chance of getting work from." Mr. Essein indicated that he was a subcontractor for three of the primary contractors being awarded bids tonight. Mayor Gibson applauded Mr.Essein on his ability to subcontract with the primary firms. She opined that this was a good strategy on Mr. Essein's part to partner with these primary firms. She related that this RFP is specific to accomplishing some things in the Comprehensive Development Master Plan. Some of the services being provided by some of the primary firms will not be done again because of the specific requirements of the State of Florida that must be met by the City as it relates to the Comp Plan. Mr. Essein suggested that as the Comp Plan evolves, a pool of architects could be created, Regular City Council Minutes 13 March 23,2005 inclusive of his firm. This would provide an opportunity for smaller firms to participate in the bid process. Manager Crew indicated that within the next year and a half of so, the City will be in a position to do exactly as Mr. Essein suggested. There being no further discussion on this item,the motion to approve passed and carried by a 6-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Out of room Councilwoman King: Yes Mayor Gibson: Yes Moved by Councilwoman Pritchett,seconded by Councilman Braynon to authorize the City Manager to negotiate contracts with the top three firms for the categories of(e.g. Transportation, Planning, Stormwater Engineering, and Architectural and Landscape Architect), except with the architecture, the top two because Keith and Schnars is already on board. There being no further discussion,this motion passed and carried by a 6-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Out of room Councilwoman King: Yes Mayor Gibson: Yes RESOLUTION NO.2005-50-227 (4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH K[MLEY-HORN & ASSOCIATES,INC.FOR TRAFFIC/TRANSPORTATION ENGINEERING,IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. Councilwoman Watson said there were several handwritten changes made to the agreement. She asked who was responsible for making those changes. Regular City Council Minutes 14 March 23,2005 Pam Thompson,Procurement Manager for the City of Miami Gardens appeared before the City Council to answer this question. She said that all changes were made by Kimley-Horn&Associates, Inc. The City of Miami Gardens did agree to those changes. Councilwoman Watson asked if Ms.Thompson found that the integrity of the agreement was still in place with all the changes that were made. Attorney Knighton-Dickens pointed out that the change made on page 20,under 17.1.4,would have to be addressed. Councilwoman Watson shared this is the reason she had this item along with others pulled from the consent agenda. She related there were numbers being inserted into the documents and in several places those changes in her opinion weakened the City's position. Councilwoman Pritchett addressed her comments to the changes made to the documents,and questioned why those changes already agreed to by the City were not already incorporated into the final (clean)document prior to being presented to the Council. Ms. Thompson said some of the major changes were done that way. However some of the smaller changes became more of a time issue. Attorney Knighton Dickens indicated that a faxed copy would have been sufficient. As long as the changes are initialed by the appropriate party,the document is legally sufficient. She commended Ms. Thompson for her efforts in this process. She further indicated that even though there were changes made,the Indemnification and Hold Harmless Clauses and the termination provision of each contract provides for the City's protection. She conveyed that staff would not have the City Council vote on an item that would be detrimental to the City. She indicated that she would not sign off on an agreement with a deduction as high as$750,000.00. Councilwoman Pritchett opined that having clean copies as the final City record would alleviate some of these concerns. At the conclusion of this discussion,the motion passed and carried by a 7-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes RESOLUTION NO.2005-51-228 (5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE FIRM OF LLER PLANNING GROUP FOR PLANNING SERVICES,IN SUBSTANTIAL FORM Regular City Council Minutes 15 March 23,2005 AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. Councilwoman Watson indicated that the same concerns she expressed with the previous item, with regard to the handwritten changes,applied to this contract as well.She further indicated that there were three lines in Exhibit A that were left vacant. Manager Crew opined that these lines were left blank because this is a planning contract and not an engineering contract. He said that he would delete paragraph one from Exhibit A. There being no further discussion on this item,the motion to approve passed and carried by a 7- 0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes RESOLUTION NO. 2005-52-229 (6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH CALVIN,GIORDANO & ASSOCIATES, INC. FOR PLANNING SERVICES, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. Those concerns associated with this item,were addressed in a previous item. There being no discussion,the motion to approve passed and carried by a 7-0 vote. Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes RESOLUTION NO,2005-53-230 (7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI Regular City Council Minutes 16 March 23,2005 GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE FIRM OF POST, BUCKLEY, SCHUH & JERNIGAN, INC. FOR STORM WATER ENGINEERING, IN SUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilman Bmynon to approve this item. Those concerns associated with this item,were addressed in a previous item. There being no discussion,the motion to approve passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Mayor Gibson: Yes RESOLUTION NO,2005-54-231 (8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE URS CORPORATION FOR STORM WATER ENGINEERING,IN SUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson,seconded by Councilwoman Pritchett to approve this item. There being no discussion on this item,the motion to approve passed and carried by a 7-0 vote. Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Mayor Gibson: Yes RESOLUTION NO.20005-55-232 (9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF M14MI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH BERMELLO,AJAMIL & PARTNERS/ARCHITECTS AND ENGINEERS FOR ARCHITECTURAL Regular City Council Minutes 17 March 23,2005 AND LANDSCAPING ARCHITECTURAL SERVICES, IN SUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EDIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. There being no discussion,the motion to approve passed and carried by a 7-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Mayor Gibson: Yes RESOLUTION NO.2005-56-233 (10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN SUBGRANT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI GARDENS, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A", PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilman Braynon to approve this item. Councilwoman Pritchett indicated that she had pulled this item because the dollar amount was missing. William Green,Assistant to the City Manager appeared before the City Council and stated that Miami-Dade County has not provided the City with the actual number. Manager Crew stated that the money has already been allocated by the Safe Neighborhood Parks Grant Program(SNG). The amount would be the difference between whatever that was already allocated,minus what Miami-Dade County has spent. Councilwoman Pritchett asked Attorney Knighton Dickens if legally the City Council should be approving an item when it does not have the figures. Attorney Knighton Dickens opined that the Council should not be approving any agreement where no figures are provided. However, the Council needs to approve something so that the City Manager can move forward. She suggested approving this item and as a proviso to the agreement, making a motion,authorizing the City Manager and City Attorney to review this and to accept a sum of Regular City Council Minutes 18 March 23,2005 money equivalent to the amount already allocated by SNG and the difference used by Miami-Dade County. Moved by Councilwoman Pritchett, seconded by Councilman Braynon to authorize the City Manager and City Attorney to review and make the necessary amendments to the agreement accepting a sum of money defined as the difference between the funds allocated by SNG and the funds remaining. There being no further discussion,the amendment passed and carried by a 7-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes At the conclusion of this discussion,the motion to approve this resolution passed and carried by a 7-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes RESOLUTION NO. 2005-57-234 (11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AN AMENDED RETAINER AGREEMENT WITH THE CITY OF MIAMI GARDENS AND SONJA EMGHTON DICKENS OF JAMES C.BRADY&ASSOCIATES,A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT"A";PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR GIBSON) Mayor Gibson passed the gavel in order to move this item. Mayor Gibson explained the relevant issues involved with this item. She said there is an increase associated with this amended retainer agreement. Moved by Mayor Gibson, seconded by Councilman Braynon to approve this item. Mayor Gibson further shared that she had researched this item to determine what other municipalities were paying for legal services. A review of the retainers and hourly rates paid to other outside city, attorneys in Miami-Dade and Broward Counties, indicates that even with the proposed Regular City Council Minutes 19 March 23,2005 increase to Mrs. Dickens retainer,the retainer being paid to Mrs. Dickens' and the hourly rate that is being charged for her services outside of the retainer,would still be far less than the amounts being paid to other outside city attorneys in Miami-Dade and Broward Counties. For example, the City of Miramar pays over one million in legal services and the City of Pinecrest pays $95,000 for legal retainer,which is in line with the City of Miami Gardens. Councilman Braynon questioned whether the review of documents was included as part of the retainer agreement. Attorney Knighton Dickens indicated that this was a part of the retainer agreement. Councilman Braynon questioned whether the payment scheduled could be amended from all payments must be received in 15 days to 30 days. Attorney Knighton Dickens indicated that she has never had a problem with getting paid,within the allotted time period. Councilman Braynon questioned the termination clause. Attorney Knighton Dickens said that the City Attorney serves at the pleasure of the City Council. Councilman Braynon indicated that he too had researched this item and was comfortable with the increase in the retainer. Councilwoman Pritchett questioned whether in the creation of this document,did the City have any other attorney look at it and not just Ms.Knighton so that there would not be the perception that it did not have some outside eyes or a different opinion. Mayor Gibson said that no outside attorney reviewed this document. Attorney Knighton Dickens said that it is unusual to have one lawyer look at another lawyer's retainer agreement. This is the same agreement the City has been operating under for the past year. She related that if the Council had an issue with this or some language in this document,she would ask that the Council get someone else to provide an opinion on it. Councilman Bratton thanked Attorney Knighton Dickens for a job well done. Attorney Knighton Dickens said that it has been a sincere pleasure working for the City this past year. She shared that Mayor Gibson drove a hard bargain when she became City Attorney. She related that she knew it was a hard bargain and that she probably couldn't do the work for $50,000 continuously. However she wanted to do the work because this is a new city. She related that what she was asking is the bear minimum of what it takes to do this and still practice law. She related that having worked as legal council for other municipalities as well as in private practice,that this is the most professional City Council and City staff that she has ever had the pleasure of working with. Vice Mayor Campbell conveyed his support of this item. He shared that however there are Regular City Council Minutes 20 March 23,2005 those that are going to look at this item and say that it represents an almost 90% increase. He commented that Attorney Knighton Dickens came in low and after doing an outstanding deserves the substantial increase. Councilwoman Watson commended Attorney Knighton Dickens for doing an outstanding job. At the conclusion of this discussion the motion passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes Vice Mayor Campbell: Yes Please note that Councilwoman King left the meeting at 10:12 p.m. Vice Mayor Campbell relinquished the gavel to Mayor Gibson. RESOLUTION NO. 2005-58-235 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE CITY OF NORTH MIAMI BEACH'S TOILET RETROFIT PROGRAM, AUTHORIZING A WAIVER OF CERTAIN PERMIT FEES FOR RESIDENTS WHO RESIDE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE(SPONSORED BY MAYOR GIBSON) Mayor Gibson recounted that she'd previously brought information about the City of North Miami Beach's Water conservation program. The City of North Miami Beach is waiving the permit fee to install the toilet and is asking that other municipalities do the same. The City of Miami Gardens has approximately 60 individuals who have applied to be a part of this pilot program. The permit fee is $68.70. Moved by Vice Mayor Campbell, seconded by Councilman Braynon to approve this item. Vice Mayor Campbell related that he was in support of water conservation and would support any measure to ensure that practice. There being no further discussion, the motion passed and carried by a 5-0 vote. Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Out of room Regular City Council Minutes 21 March 23,2005 Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes (M) REPORTS OF CITY MANAGER AND CITY ATTORNEY. A. City Manager's Monthly Report Mayor Gibson announced that a copy of the City Manager's Monthly Report is available on the back table. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS. Mayor Gibson provided an update on the various transportation projects being funded by FDOT. She further shared that she along with City Manager Crew were appointed,as municipal representatives to the South Florida Super Bowl Host Committee for 2007. Mayor Gibson also announced that the Jaycees of Miami Gardens will be hosting an annual recognition service awards program on April 17, 2005, at St. Thomas University. Applications to nominate individuals and or organizations are provided on the back table for this purpose. Councilman Braynon announced that a Youth Basketball tournament would take place Friday and Saturday,March 25 and 26,2005,at Carol City Senior High. This event is being sponsored by Cool Kids Learn, Inc. In addition, last year Congressman Meek had hosted a Housing Fair at Florida Memorial College, with over 3,000 individuals in attendance. That-was the first step in getting individuals ready to purchase a house the next step is buying the house. He shared that he along with Congressman Meek will sponsor a Parade of Homes event on April 23,2005,at City Hall. This would provide the developers an opportunity to showcase their developments to potential home buyers. Councilwoman Pritchett related that members of the City Council would be attending the Dade Day event in Tallahassee on April 6 and 7,2005,and questioned whether there would be a quorum for the City's Zoning meeting scheduled for April 6, 2005. Mayor Gibson indicated that only two members are scheduled to attend the Dade Days event (Gibson and Pritchett). The remaining of the City Council would be in attendance at the Zoning meeting. She further asked the City Clerk to post a notice indicating that members of the City Council would be in Tallahassee attending the Legislative Conference on March 29, 2005, and the Dade Days event, scheduled for April 6 and 7, 2005. Councilman Bratton announced that a City of Miami Gardens sign has been erected on the south side of the building. He further questioned the status of the entranceway signage. Manager Crew said that the City is still awaiting FDOT's approval. Councilman Bratton thanked staff for an excellent workshop on the Comprehensive Development Master Plan. (0) REQUESTS, PETITIONS & OTHER COMMUNICATIONS FROM THE Regular City Council Minutes 22 March 23,2005 PUBLIC. Mr.Kenneth Hawkins,with a business address at 2601 South Bayshore Drive,Miami,Florida, appeared before the City Council and indicated that his firm is a minority firm, even though it is not local was one of the firms not selected. He conveyed that Councilman Braynon's ideas were excellent. (P) ADJOURNMENT. After there were no other business to come before this Body and upon a motion being duly made by Councilman Braynon and seconded by Vice Mayor Campbell, the meeting adjourned at 10:3 7 p.m. Shirley Gibson Attest: Ronetta Taylor, C C ty Clerk Regular City Council Minutes 23 March 23,2005 CITY OF MIAMI GARDENS CITY COUNCIL MINUTES MARCH 23, 2005 (A) CALL TO ORDER/ROLL CALL The City Council of the City of Miami Gardens,Florida,met in regular session on Wednesday, March 23, 2005, beginning at 7:10 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,II. Councilwoman Audrey King arrived at 7:50 p.m. (B) INVOCATION Dr. Lester Brown delivered the Invocation. (C) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes March 9, 2005 Moved by Vice Mayor Campbell, seconded by Councilman Braynon to approve the minutes with the necessary additions/deletions as provided by the City Clerk. This motion passed and carried by a 6-0 vote. Councilwoman King was not present when this vote was taken. (E) ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS): Moved by Councilwoman Watson,seconded by Vice Mayor Campbell to approve the official agenda with the following amendment,sponsored by Mayor Gibson,as Item L-2."A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,SUPPORTING THE CITY OF NORTH MIAMI BEACH'S TOILET RETROFIT PROGRAM, AUTHORIZING A WAIVER OF CERTAIN PERMIT FEES FOR RESIDENTS WHO RESIDE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE." There being no further discussion, this motion passed and carried by a 6-0 vote. Councilwoman King was not present when this vote was taken. (F) SPECIAL PRESENTATIONS (5 minutes each) 1. Special Recognition a. Arilicia Williams,Proprietor King's Kids Academy Councilwoman Pritchett,along with Mayor Gibson and members of the City Council presented Ms.Williams with a plaque for her outstanding achievement in receiving the Mom and Pop Business Regular City Council Minutes March 23,2005 of the Year Award,and providing quality service to the residents of the City of Miami Gardens and the Community at-large. Ms. Williams thanked the City of Miami Gardens for presenting her with this beautiful plaque. She further acknowledged the Miami-Dade County Mom and Pop Grant program for its assistance. b. Pat Stripling,President The Council of Grandparents Raising Grandchildren,Inc. Councilwoman Pritchett along with Mayor Gibson and members of the City Council presented Ms. Stripling with a plaque for her outstanding achievement and continued support of grandparents throughout Miami-Dade County. Ms. Stripling was selected as the National Grandparent of the Year and inducted into the Hall of Fame for the National Organization of Grandparents Raising Grandchildren, Inc. She is soon to be featured in Time Magazine. Ms. Striping thanked the Mayor and City Council and conveyed that it is a privilege receiving this plaque from the City of Miami Gardens. C. Herbie Thompson, President-The Nisei Youth P.A.C.Program,Inc. Councilwoman Pritchett along with Mayor Gibson and member of the City Council presented Mr. Thompson with a plaque for his outstanding accomplishment in developing a comprehensive approach of effective prevention and intervention technologies for at-risk children(ages 3-18)and their families as well as offering alternative service resources to youth involved in the juvenile justice system. Mr. Thompson thanked the Mayor and City Council members for this presentation. Mayor Gibson acknowledged Councilwoman Pritchett for her efforts in bringing to the Council's attention those individuals making positive contributions to this community. 2. Major Donald Rifkin,Miami Gardens District Police Department—Monthly Report Major Rifkin reported that the name of the Carol City District Police Department has been officially changed to the Miami Gardens District Police Department. A request for new signage representing the name change to Miami Gardens District Station No. 9 was ordered. Major Rifkin reported for the month of February 2005,crime was down overall by thirty-three percent, as compared to January 2005. Overall crime remains down by four percent year-to-date, as compared to last year. There were decreases in all areas with the exception of commercial burglaries, which remain unchanged. Mayor Rifkin referenced the Specialized Police Report,which indicated the City received 136 operations,resulting in 185 arrests. Most of those arrests were the result of outstanding warrants.. Ten pounds of marijuana,nineteen grams of cocaine,and approximately one thousand dollars in cash was recovered,in addition there were three hundred seventy-nine field interviews written. Regular City Council Minutes 2 March 23,2005 Major Rifkin indicated that in the future a monthly staffing report will also be provided,along with the crime report. Councilman Bratton inquired about the disposition of the drugs that were confiscated. Major Rifkin stated that the drugs were impounded and after they are no longer needed for court,the drugs are disposed of The drugs are transported under heavy guard,every couple of months to an incinerator in Broward County for destruction. 3. Barbara Falsay,Miami-Dade County Parks Dr.Falsay appeared before the City Council to introduce a project,which Miami-Dade County is currently doing a feasibility study on to extend the greenway from the turnpike to North Miami Beach. Mr.Mark Heincke,a representative from Miami-Dade County Parks,appeared before the City Council to talk about the Pedestrian Cycle and Planning Feasible Study. The subject corridor is approximately 3.4 miles and reaches from Miami Gardens Drive to the Florida Turnpike. He placed emphasis on the fact that this is strictly a feasibility study. Some of the objectives of the study are to determine the community's needs and desires for community walking trails; establishing design and development criteria; reviewing and identifying environmental concerns and provide a physical activities team. With this project it would become a reality to ride a bike from the City of Miami Gardens all the way over to Hall Over Beach. Some concerns raise included: concerns with the busy streets(crossing 441);the under path of I-95. Mr.Heincke said there are two projects a link into this project. The Army Corp Project,which Environmental and Assessment Study was completed October 2003. This project encompasses NW 37d'Avenue to the Florida Turnpike. The other link is the Miami-Dade County Parks and Recreation Corridor. This project encompasses the Florida Turnpike to NW Miami Gardens Drive. Anticipated completion of this feasible study is September 2005. There is an existing path within the Miami Gardens Drive to NW 2nd Avenue corridor. However,that existing path is substandard and only sixteen and a half inches wide. There is another link in this process,which is the North Miami Beach project. That project has two existing paths; one on the north side and one on the south side,which has paths eight foot wide. Ms. Jennifer Grotlen, a representative from Miami-Dade County Parks, appeared before the City Council to further expound on this project. Vice Mayor Campbell inquired about the funding source for North Miami Beach's portion of the project. Dr.Falsay said that the City ofNorth Miami Beach as well as other organizations contributed to this project. r Councilman Bratton inquired about the funding source for this project. Dr.Falsay indicated that there is funding for the feasibility study. Approximately one million dollars from the General Obligation Bond, has been appropriated for the construction documents. Regular City Council Minutes 3 March 23,2005 Funding for the actual development would then be solicited. State funding has typically been awarded for this type of project. Councilman Bratton asked who will maintain the greenway once the project has been completed. Dr.Falsay indicated that Miami-Dade County would be responsible for the maintenance. Councilwoman Pritchett related that the North Miami Beach greenway has some illumination and inquired if lighting in terms of illumination would be considered in the feasibility study for this project. Officer Kevin Prescott, an officer with the North Miami Beach Police Department appeared before the City Council to address Councilwoman Pritchett's question. He explained that the North Miami Beach bike path currently is being illuminated by street lights on the west side,and on the east side there are also lights but they are not as bright because there are homes abutting the bike path. Dr.Falsay further related that lighting for the greenway would be considered in the feasibility study. Councilwoman Watson expressed concern as to whether consideration would be given in the feasibility study in order to ensure that the bike path would not end at the north side of the turnpike due to the Snake Creek Finger Canal that runs through this area. She suggested utilization of the south side of the Snake Creek Finger Canal to ensure a continuation of the bike path. Mr.Heincke related that this situation was mentioned in the Army Corp Project. Some sort of pedestrian bridge would be constructed to accommodate a continuous flow. This situation would be worked out with the South Florida Water Management District. Councilwoman Watson questioned whether the Miami-Dade County Parks and Recreation Department would be considering developing(allow for a resting spot) a piece of property on 441, along the north side of the Snake Creek Finger Canal, which belongs to the South Florida Water Management District. Dr. Falsay shared that rest stops/oasis are considered along the bike paths, and indicated that this is certainly an opportunity being looked at. Councilwoman Watson conveyed the importance of having the necessary funding to complete the Army Corp and South Florida Water Management connection through the City of Miami Gardens. Dr. Falsay stated that Miami-Dade County's priority is to get to the turnpike. Councilwoman Watson asked if phase one could be done. Dr. Falsay said that Councilwoman Watson's concerns would be taken into consideration however this is only at the feasibility study phase. Regular City Council Minutes 4 March 23,2005 Councilman Braynon asked whether people were allowed to fish along the North Miami Beach bike path. Officer Prescott indicated that fishing was not allowed along this corridor,nor is jet skiing or other water sports allowed due to the wild life living in the waterways. (G) ZONING MATTERS There were none (I) ORDINANCE(S) FOR FIRST READING There were none (I) ORDINANCE(S) FOR SECOND READING "PUBLIC HEARINGS." ORDINANCE NO. 2005-15-53 (1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING GUIDELINES FOR CAMPAIGN CONTRIBUTIONS; PROHIBITING CERTAIN CAMPAIGN CONTRIBUTIONS;PROVIDING FOR COMPLIANCE WITH MIAMI-DADE COUNTY'S ETHICAL CAMPAIGN PRACTICE ORDINANCE;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 MAYOR GIBSON) Mayor Gibson opened the floor for the public hearing. After there were no interested parties to speak on behalf of this item, the public hearing was closed. Moved by Councilman Braynon, seconded by Councilman Bratton to adopt this ordinance. Councilman Bratton referenced page 2,line 31 of the ordinance and asked for the definition of "immediate family". Attorney Knighton Dickens opined that the definition would mean, mother, father, children. She related that there was no definition provided for in the ordinance,and recommended approving the ordinance. This would provide staff an opportunity to find out how Miami-Dade County defines "immediate family". She indicated that this ordinance can always be amended to provide a definition for immediate family, for clarification purposes. There being further discussion,the motion to adopt, passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Out of room Regular City Council Minutes 5 March 23,2005 Councilwoman Watson: Yes Mayor Gibson: Yes (J) PUBLIC COMMENTS (10 - MINUTES) Robert Parrish, with a residential address of 1421 NW 179'i' Street, Miami Gardens, Florida, appeared before the City Council to relate a traffic accident incident,which resulted in his subsequent arrest and un-arrest. He further expressed concern that the traffic light on NW 17th Avenue,near the entrance ramp to the Palmetto Expressway was malfunctioning. He conveyed that he was unfairly treated by the responding police officer. Mayor Gibson asked if Mr. Parrish was here to file a complaint against the police officer regarding his treatment during this traffic accident incident. Parrish shared that he'd spoken with Major Rifkin about this incident. He stated that he wanted to ensure fair treatment of all by the police officers who patrol this area. He further requested that the traffic light be checked. Mayor Gibson ensured Mr.Parrish that his concerns would be addressed by Mayor Rifkin,and staff respectively. Hugh Dodd,residing at 17125 NW 19d'Avenue,Miami Gardens,Florida,appeared before the City Council to ask whether a tow truck was considered an emergency vehicle. Major Rifkin appeared before the City Council to respond to Mr.Dodd's inquiry and stated that a tow truck is not considered an emergency vehicle. Mr. Dodd asked whether permits pulled by contractors for this area by Miami-Dade County prior to the incorporation of Miami Gardens were transferred to the City. Christopher Steers, Assistant to the City Manager for Business Services appeared before the City Council to respond to Mr. Dodd's question. He indicated that Miami-Dade County has jurisdiction over any open permits that were issued prior to the incorporation of Miami Gardens, and the City taking over that function in October 2004. Any expired permits or permits that have not been finalized by Miami-Dade County would be reported to the City of Miami Gardens. Those expired or not finalized permits would have to be re-opened with the City of Miami Gardens. Mr. Dodd further asked if the City's restroom facility was up to code. Mr.Horace McHugh,Assistant City Manager appeared before the City Council to respond to Mr. Dodd's question and stated that the bathroom was up to code and had in fact passed the necessary inspections. Ms. Sharon Frazier Stephens,residing at 145 NE 193`d Street,Miami,Florida,appeared before the City Council to report on the activities of the Norland PTSA. An installation of officers and award's ceremony will be held on May 3,2005. An invitation to the elected officials is forthcoming. Regular City Council Minutes March 23,2005 Mr. Sandy Kindell,III,residing at 1250 NW 179 'Terrace,Miami Gardens,Florida,appeared before the City Council to propose a Tutorial program, for middle school students. He informed the City Council that he was looking for a place to house the program and applicable funding. Councilwoman Pritchett asked Mr. Kindell if he had applied for any type of grant funding or made this appeal to any other organizations. Mr. Kindell replied that he had not. Ms.Quincy Sands with a business address at 16533 NW 27th Avenue,Miami Gardens,Florida, appeared before the City Council to introduce a recently opened restaurant,Showtime Grill Takeout to the Council and the community. Ms. Shmeka Moore,residing at 2245 NW 140''Terrace,Opa-locks,Florida,appeared before the City Council to further expound on the restaurant,which includes an after-school menu. She said that food samplings would be provided at the next City Council meeting. Mayor Gibson asked that Ms. Moore contact either the City Clerk or City Manager to make setup arrangements for the food. Mr.Oma Barnes,residing at 1800 NW 186th Street,Miami Gardens,Florida,appeared before the City Council to question whether opportunities would be available for local businesses to be involved in some of the City of Miami Gardens' development projects. Mayor Gibson related that Mr. Barnes had attended the"How to do business with the City of Miami Gardens Workshop"on last week and at that time he had asked the same question. She asked Mr. Bames whether the answer he had received at that time was satisfactory, because he would probably get the same answer tonight. Mr. Barnes said he wanted to know the process to ensure that all were treated fairly when it came to sealed bids. Manager Crew said that all bids were public record. Once the bids are opened anyone is welcomed to contact the Purchasing Director and request to see the file. The sealed bids are actually opened in the public, with the results being announced publicly. In addition, the City has a local preference provision in its purchasing ordinance. Which means that if a local bidder is within five percent of the lowest bid,the local bidder is given an opportunity to match that low bid. The City also maintains a local vendor's list and whenever possible tries to utilize that list. The following items were removed from the Consent Agenda, and placed under the Regular Agenda: Item Nos. 2,3,4, 5,6, 7, 8, 9, 10 and 13. (K) CONSENT AGENDA/RESOLUTION(S) RESOLUTION NO.200544-221 (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID AND AUTHORIZING THE Regular City Council Minutes 7 March 23,2005 PURCHASE OF ONE TWO THOUSAND(2,000)GALLON WATER TRUCK IN AN AMOUNT NOT TO EXCEED SIXTY-SIX THOUSAND FOUR HUNDRED($66,400.00)DOLLARS;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2005-45-222 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DARE COUNTY FOR COLLECTION AND DISTRIBUTION OF THE COMMUNICATIONS SERVICE TAX PROCEEDS LEVIED BY THE CITY OF MIAMI GARDENS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A;PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2005-46-223 (3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR AUTOMATED PARKING CITATION HARDWARE,A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A;PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Vice Mayor Campbell to adopt the Consent Agenda. There being no discussion,this motion passed and carried by a 6-0 vote. Councilman Braynon: Out of room Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Based on the documentation provided by staff and staff s recommendation she voted: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes (L) RESOLUTION(S) RESOLUTION NO. 47-224 (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID AND AUTHORIZING THE Regular City Council Minutes 8 March 23,2005 PURCHASE OF TWO(2)FIVE CUBIC YARD DUMP TRUCKS;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilwoman King to approve this item. Councilwoman Watson explained she had pulled this item because there maybe a discrepancy with the amount of the extended warranty. Attorney Knighton Dickens indicated that Councilwoman Watson was referring to Item No. 1 on the Consent Agenda. However, either way the issue would be researched and corrected as a scrivener's error. There being no further discussion, the motion to approve passed and carried by a 5-0 vote. Vice Mayor Campbell: Out of room Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Out of room Mayor Gibson: Yes RESOLUTION NO.200548-225 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI GARDENS, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A", FOR THE CONSTRUCTION OF THE CAROL CITY COMMUNITY CENTER PROJECT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilwoman King to adopt this item. Councilwoman Pritchett asked if there were any changes or modification to this original agreement as it relates to the Carol City Community Center. Attorney Knighton Dickens related that there are some changes. This document is still a work in progress. What is presented is not the final document to be signed. The dollar figure will not change. Staff is working on better language. The resolution provides for the approval of this Interlocal Agreement in substantial form. Manager Crew indicated that the Charter provides for 6.5 million,however from City staff and representatives of Miami-Dade County,the figure has always been 6 million. He related that he was Regular City Council Minutes 9 March 23,2005 not sure how the 6.5 figure got into the City Charter. Councilwoman Pritchett said this was her concern.She questioned whether anyone checked the minutes from the meeting where this funding was allocated. She emphasized that there is a big difference from 6 million to 6.5 million dollars($500,000). William Green, Assistant to the City Manager for Public Services, appeared before the City Council and shared that Miami-Dade County's Budget Ordinance reflects the figure of 6 million dollars being allocated. There being no further discussion,the motion to approve this item passed and carried by a 6-0 vote. Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Out of room Mayor Gibson: Yes RESOLUTION NO.200549-226 (3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE CORRADINO GROUP FOR TRAFFIC/TRANSPORTATION ENGINEERING, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilman Bratton to approve this item. Councilwoman Pritchett referenced page 2 of the memorandum outlining stars recommendation to issue non-exclusive contracts and made notice that several consultants were being recommended_ for traffic/transportation engineering services, Planning Services, and Storm water Engineering,however only one consultant was being recommended for Architectural and Landscape Architect services. Councilman Braynon recounted that when the City had awarded the Architectural and Landscape Architect Services contract to Keith and Schnars,he had made a big to do about bringing this item back and naming more firms to put on that list so that the City would have a list of professionals to choose from. He opined that to be fair there should be a list of three consultants in each category. He suggested adding an additional firm to the Architectural and Landscape Architect Services category. Councilwoman Pritchett inquired if any of the firms were from the City of Miami Gardens. Regular City Council Minutes 10 March 23,2005 Manager Crew indicated that none of the primary firms are located within the City of Miami Gardens. He shared that staff knew that would happen because some of the projects require a great deal of experience e.g.preparing a Transportation Master Plan.Certainly all of the top firms have done that kind of work. Knowing that the City did not have any large firms in town, therefore a Local Preference Provision was provided in the bid specs. That means, if there are firms in town(smaller firms),the City offered that preference to hopefully build some partnerships with the larger firms. A number of the bidders did pick up local partners, which is evident by the bids. For example, EBS Engineering is a partner on three different contracts. Councilman Braynon asked how many points were allocated to primary firms located within the City of Miami Gardens. Manager Crew related that there were a total of 100 points were allocated. Out of that 100,five points were for a local firm. If there is a partner that is local, that primary firm only got 2.5 points. There was only one local firm that submitted a proposal as a primary firm, which was a smaller firm and did not have the kind of resources to compete with these larger firms. Therefore, even with the ranking,which included the five points,that local firm still did not garner enough points to make it to the top three. Councilman Braynon questioned whether the primary firms were subcontracting with the local firms in order to get the 2.5 points. He questioned whether the primary contractor could give the subcontractor two percent of the total work. Manager Crew indicated that if the subcontractor did not feel that they had gotten enough of a deal, they would not have signed on. Attorney Knighton Dickens clarified that the question is whether the City can give a certain amount of points for local participation. This answer is yes the City can. The other question is whether or not the City can decide how much of that contractor's business is subcontracted,and the answer is no the City can not. The City can say up front how many points a primary firm would get for having local participation,which is already provided for in the Purchasing Ordinance. Councilman Braynon further clarified his question and asked if the City had established a maximum amount of work a primary contractor would give a local subcontracting firm that partnered with the primary, in order to generated enough points for that primary firm to get the contract. Manager Crew said that the City did not do that. Councilman Braynon asked if the City could do that. Attorney Knighton Dickens conveyed her belief that the City could not do that. She said that she would do some research as to whether or not the City can require that local businesses get a certain percentage of the primary contract. Councilman Braynon related that he did not want primary contractors to use small businesses located within the City of Miami Gardens in order to get the contract,and not make that smaller firm a Regular City Council Minutes I I March 23,2005 full fledged partner. Manager Crew shared that everything has two sides to it. By not specifying how much a subcontractor gets, the City will get a lot of businesses out there that will subcontract with local businesses. He further shared that if the firms selected did not get any points for having a local subcontractor,it would not have changed the outcome. Having the local preference in this process did not alter the top three funis. Councilman Braynon conveyed his understanding of Manager Crew's comments. He stated that he did not want to see the local businesses used and not get the full benefit of getting work from the firms the City of Miami Gardens selected. Manager Crew reiterated that if the primary firms had not subcontracted with local business, those extra points would not have been awarded,however those primary firms would have still been recommended to receive the contract because even without the local business preference,those primary firms had enough points. Councilwoman Watson concurred with Councilman Braynon's comments. She emphasized the importance of subcontractors getting their fair share. She opined that the importance here is to help local firms/businesses grow. Mayor Gibson opined that the City Council wants to be fair and to help local companies to progress and become larger than they are, and be able to be in a position where they can really be primary firms. However,the City is prevented from doing that because of the law. Attorney Knighton Dickens has indicated that she will research this matter and if there is some language that the City can use; hopefully it would not put the City back to square one. She suggested holding a workshop to further discuss and clarify the local preference provision, and the City Attorney's findings. Councilman Braynon indicated his understanding that the amount of points being awarded are in fact,ineffective in motivating a primary firm to seek local preference participation in order to secure the bid,because those primary firms would received the necessary points anyway.He further suggested changing the local preference point provision from five to ten. Councilwoman King questioned whether those subcontractors were satisfied with what they were projected to receive. Mr. Benjamin Essein, President of EBS Engineering,with a business address at 4715 NW 167th Street,Miami Gardens,Florida,appeared before the City Council to share that he had teamed with some of the primary firms. He said that he could not get the primary firms to commit to a percentage on the project. The percentage point system is a common practice with Miami-Dade County. As the percentage increases,the point received increases. He opined the system the City has in place is not complete in a sense,because the primary firms could have been awarded the bid without local preference participation. He further encouraged the City Council to reevaluate this issue to be inclusionary of local businesses, small businesses and minority businesses. Councilwoman King asked how the City can be sure the primary firms are actually giving the subcontractors a portion of the work. Regular City Council Minutes 12 March 23,2005 Attorney Knighton Dickens related that there is a termination clause in each contract,and if the local subcontractor advises that they have not gotten any work,which was committed to as part of the RFP, the City could terminate the contract. Ms. Cheryl Dickens, with a business address at 1120 NW Biscayne Boulevard, Ft. Lauderdale,Florida,appeared before the City Council to ask Attorney Knighton Dickens if a Letter of Intent could be made a part of the contract. Attorney Knighton Dickens said the City can get the contractor to certify to the City their intentions. Councilman Braynon asked if what Attorney Knighton Dickens just mentioned is something that can be done with the present situation or is it something the City can look at for the future. Mayor Gibson said Attorney Knighton Dickens'recommendation is something this Council can entertain for future contracts. Councilman Bratton shared that if he was a primary contractor, he would increase his bid amount because of these stipulations. Attorney Knighton Dickens provided further clarification to the concerns raised by Councilman Braynon regarding the points. She said that the City will give a certain amount of points. In order for a company to qualify for those points the contractor would have to certify that they would use a certain percentage of local preference. This is different from saying"you better use the local preference or you will not get the contract." Councilman Bratton expressed concern as to whether the primary contractor would be inflating the price to get the contract. Manager Crew said hat primary contractor would then take a chance in not being awarded the contract. Mayor Gibson asked Mr. Essein, "As it stands now, how many of the primary contractors being awarded bids tonight did his firm stand a chance of getting work from." Mr. Essein indicated that he was a subcontractor for three of the primary contractors being awarded bids tonight. Mayor Gibson applauded Mr.Essein on his ability to subcontract with the primary firms. She opined that this was a good strategy on Mr. Essein's part to partner with these primary firms. She related that this RFP is specific to accomplishing some things in the Comprehensive Development Master Plan. Some of the services being provided by some of the primary firms will not be done again because of the specific requirements of the State of Florida that must be met by the City as it relates to the Comp Plan. Mr. Essein suggested that as the Comp Plan evolves, a pool of architects could be created, Regular City Council Minutes 13 March 23,2005 inclusive of his firm. This would provide an opportunity for smaller firms to participate in the bid process. Manager Crew indicated that within the next year and a half of so, the City will be in a position to do exactly as Mr. Essein suggested. There being no further discussion on this item,the motion to approve passed and carried by a 6-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Out of room Councilwoman King: Yes Mayor Gibson: Yes Moved by Councilwoman Pritchett,seconded by Councilman Braynon to authorize the City Manager to negotiate contracts with the top three firms for the categories of(e.g. Transportation, Planning, Stormwater Engineering, and Architectural and Landscape Architect), except with the architecture, the top two because Keith and Schnars is already on board. There being no further discussion, this motion passed and carried by a 6-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Out of room Councilwoman King: Yes Mayor Gibson: Yes RESOLUTION NO.2005-50-227 (4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH K %ILEY-HORN & ASSOCIATES,INC.FOR TRAFFIC/TRANSPORTATION ENGINEERING,IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. Councilwoman Watson said there were several handwritten changes made to the agreement. She asked who was responsible for making those changes. Regular City Council Minutes 14 March 23,2005 Pam Thompson,Procurement Manager for the City of Miami Gardens appeared before the City Council to answer this question. She said that all changes were made by Kimley-Horn&Associates, Inc. The City of Miami Gardens did agree to those changes. Councilwoman Watson asked if Ms.Thompson found that the integrity of the agreement was still in place with all the changes that were made. Attorney Knighton-Dickens pointed out that the change made on page 20,under 17.1.4,would have to be addressed. Councilwoman Watson shared this is the reason she had this item along with others pulled from the consent agenda. She related there were numbers being inserted into the documents and in several places those changes in her opinion weakened the City's position. Councilwoman Pritchett addressed her comments to the changes made to the documents,and questioned why those changes already agreed to by the City were not already incorporated into the final (clean)document prior to being presented to the Council. Ms. Thompson said some of the major changes were done that way. However some of the smaller changes became more of a time issue. Attorney Knighton Dickens indicated that a faxed copy would have been sufficient. As long as the changes are initialed by the appropriate party,the document is legally sufficient. She commended Ms. Thompson for her efforts in this process. She fiarther indicated that even though there were changes made,the Indemnification and Hold Harmless Clauses and the termination provision of each contract provides for the City's protection. She conveyed that staff would not have the City Council vote on an item that would be detrimental to the City. She indicated that she would not sign off on an agreement with a deduction as high as $750,000.00. Councilwoman Pritchett opined that having clean copies as the final City record would alleviate some of these concerns. At the conclusion of this discussion,the motion passed and carried by a 7-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes RESOLUTION NO.2005-51-228 (5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE FIRM OF LLER PLANNING GROUP FOR PLANNING SERVICES,IN SUBSTANTIAL FORM Regular City Council Minutes 15 March 23,2005 AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. Councilwoman Watson indicated that the same concerns she expressed with the previous item, with regard to the handwritten changes,applied to this contract as well.She further indicated that there were three lines in Exhibit A that were left vacant. Manager Crew opined that these lines were left blank because this is a planning contract and not an engineering contract. He said that he would delete paragraph one from Exhibit A. There being no further discussion on this item,the motion to approve passed and carried by a 7- 0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes RESOLUTION NO. 2005-52-229 (6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH CALVIN,GIORDANO & ASSOCIATES, INC. FOR PLANNING SERVICES, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. Those concerns associated with this item, were addressed in a previous item. There being no discussion,the motion to approve passed and carried by a 7-0 vote. Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes RESOLUTION NO,2005-53-230 O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI Regular City Council Minutes 16 March 23,2005 GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE FIRM OF POST, BUCKLEY, SCHUH & JERNIGAN, INC. FOR STORM WATER ENGINEERING, IN SUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilman Braynon to approve this item. Those concerns associated with this item,were addressed in a previous item. There being no discussion,the motion to approve passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Mayor Gibson: Yes RESOLUTION NO,2005-54-231 (8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH THE URS CORPORATION FOR STORM WATER ENGINEERING,INSUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson,seconded by Councilwoman Pritchett to approve this item. There being no discussion on this item,the motion to approve passed and carried by a 7-0 vote. Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Mayor Gibson: Yes RESOLUTION NO.20005-55-232 (9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE CONTRACT WITH BERMELLO,AJAMIL & PARTNERS/ARCHITECTS AND ENGINEERS FOR ARCHITECTURAL Regular City Council Minutes 17 March 23,2005 AND LANDSCAPING ARCHITECTURAL SERVICES, IN SUBSTANTIAL FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Watson, seconded by Councilman Braynon to approve this item. There being no discussion, the motion to approve passed and carried by a 7-0 vote. Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Mayor Gibson: Yes RESOLUTION NO.2005-56-233 (10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN SUBGRANT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI GARDENS, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A", PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Moved by Councilwoman Pritchett, seconded by Councilman Braynon to approve this item. Councilwoman Pritchett indicated that she had pulled this item because the dollar amount was missing. William Green,Assistant to the City Manager appeared before the City Council and stated that Miami-Dade County has not provided the City with the actual number. Manager Crew stated that the money has already been allocated by the Safe Neighborhood Parks Grant Program(SNG). The amount would be the difference between whatever that was already allocated,minus what Miami-Dade County has spent. Councilwoman Pritchett asked Attorney Knighton Dickens if legally the City Council should be approving an item when it does not have the figures. Attorney Knighton Dickens opined that the Council should not be approving any agreement where no figures are provided. However, the Council needs to approve something so that the City Manager can move forward. She suggested approving this item and as a proviso to the agreement, making a motion,authorizing the City Manager and City Attorney to review this and to accept a sum of Regular City Council Minutes 18 March 23,2005 money equivalent to the amount already allocated by SNG and the difference used by Miami-Dade County. Moved by Councilwoman Pritchett, seconded by Councilman Braynon to authorize the City Manager and City Attorney to review and make the necessary amendments to the agreement accepting a sum of money defined as the difference between the funds allocated by SNG and the funds remaining. There being no further discussion,the amendment passed and carried by a 7-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes At the conclusion of this discussion,the motion to approve this resolution passed and carried by a 7-0 vote. Councilwoman Watson: Yes Councilman Bratton: Yes Councilman Braynon: Yes Vice Mayor Campbell: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes L RESOLUTION(S) RESOLUTION NO. 2005-57-234 (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AN AMENDED RETAINER AGREEMENT WITH THE CITY OF MIAMI GARDENS AND SONJA KNIGHTON DICKENS OF JAMES C.BRADY&ASSOCIATES,A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT"A";PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR GIBSON) Mayor Gibson passed the gavel in order to move this item. Mayor Gibson explained the relevant issues involved with this item. She said there is an increase associated with this amended retainer agreement. Moved by Mayor Gibson, seconded by Councilman Braynon to approve this item. Regular City Council Minutes 19 March 23,2005 Mayor Gibson further shared that she had researched this item to determine what other municipalities were paying for legal services. A review of the retainers and hourly rates paid to other outside city, attorneys in Miami-Dade and Broward Counties, indicates that even with the proposed increase to Mrs. Dickens retainer,the retainer being paid to Mrs. Dickens' and the hourly rate that is being charged for her services outside of the retainer,would still be far less than the amounts being paid to other outside city attorneys in Miami-Dade and Broward Counties. For example, the City of Miramar pays over one million in legal services and the City of Pinecrest pays $95,000 for legal retainer,which is in line with the City of Miami Gardens. Councilman Braynon questioned whether the review of documents was included as part of the retainer agreement. Attorney Knighton Dickens indicated that this was a part of the retainer agreement. Councilman Braynon questioned whether the payment scheduled could be amended from all payments must be received in 15 days to 30 days. Attorney Knighton Dickens indicated that she has never had a problem with getting paid,within the allotted time period. Councilman Braynon questioned the termination clause. Attorney Knighton Dickens said that the City Attorney serves at the pleasure of the City Council. Councilman Braynon indicated that he too had researched this item and was comfortable with the increase in the retainer. Councilwoman Pritchett questioned whether in the creation of this document,did the City have any other attorney look at it and not just Ms.Knighton so that there would not be the perception that it did not have some outside eyes or a different opinion. Mayor Gibson said that no outside attorney reviewed this document. Attorney Knighton Dickens said that it is unusual to have one lawyer look at another lawyer's retainer agreement. This is the same agreement the City has been operating under for the past year. She related that if the Council had an issue with this or some language in this document,she would ask that the Council get someone else to provide an opinion on it. Councilman Bratton thanked Attorney Knighton Dickens for a job well done. Attorney Knighton Dickens said that it has been a sincere pleasure working for the City this past year. She shared that Mayor Gibson drove a hard bargain when she became City Attorney. She related that she knew it was a hard bargain and that she probably couldn't do the work for $50,000 continuously. However she wanted to do the work because this is a new city. She related that what she was asking is the bear minimum of what it takes to do this and still practice law. She related that Regular City Council Minutes 20 March 23,2005 having worked as legal council for other municipalities as well as in private practice, that this is the most professional City Council and City staff that she has ever had the pleasure of working with. Vice Mayor Campbell conveyed his support of this item. He shared that however there are those that are going to look at this item and say that it represents an almost 90% increase. He commented that Attorney Knighton Dickens came in low and after doing an outstanding deserves the substantial increase. Councilwoman Watson commended Attorney Knighton Dickens for doing an outstanding job. At the conclusion of this discussion the motion passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Councilwoman King: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Mayor Gibson: Yes Vice Mayor Campbell: Yes Please note that Councilwoman King left the meeting at 10:12 p.m. Vice Mayor Campbell relinquished the gavel to Mayor Gibson. RESOLUTION NO. 2005-58-235 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE CITY OF NORTH MIAMI BEACH'S TOILET RETROFIT PROGRAM, AUTHORIZING A WAIVER OF CERTAIN PERMIT FEES FOR RESIDENTS WHO RESIDE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE(SPONSORED BY MAYOR GIBSON) Mayor Gibson recounted that she'd previously brought information about the City of North Miami Beach's Water conservation program. The City of North Miami Beach is waiving the permit fee to install the toilet and is asking that other municipalities do the same. The City of Miami Gardens has approximately 60 individuals who have applied to be a part of this pilot program. The permit fee is $68.70. Moved by Vice Mayor Campbell, seconded by Councilman Braynon to approve this item. Vice Mayor Campbell related that he was in support of water conservation and would support any measure to ensure that practice. There being no further discussion, the motion passed and carried by a 5-0 vote. Councilman Braynon: Yes Regular City Council Minutes 21 March 23,2005 Vice Mayor Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Out of room Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes (M) REPORTS OF CITY MANAGER AND CITY ATTORNEY. A. City Manager's Monthly Report Mayor Gibson announced that a copy of the City Manager's Monthly Report is available on the back table. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS. Mayor Gibson provided an update on the various transportation projects being funded by FDOT. She further shared that she along with City Manager Crew were appointed,as municipal representatives to the South Florida Super Bowl Host Committee for 2007. Mayor Gibson also announced that the Jaycees of Miami Gardens will be hosting an annual recognition service awards program on April 17, 2005, at St. Thomas University. Applications to nominate individuals and or organizations are provided on the back table for this purpose. Councilman Braynon announced that a Youth Basketball tournament would take place Friday and Saturday,March 25 and 26,2005,at Carol City Senior High. This event is being sponsored by Cool Kids Learn, Inc. In addition, last year Congressman Meek had hosted a Housing Fair at Florida Memorial College, with over 3,000 individuals in attendance. That was the first step in getting individuals ready to purchase a house the next step is buying the house. He shared that he along with Congressman Meek will sponsor a Parade of Homes event on April 23,2005,at City Hall. This would provide the developers an opportunity to showcase their developments to potential home buyers. Councilwoman Pritchett related that members of the City Council would be attending the Dade Day event in Tallahassee on April 6 and 7,2005,and questioned whether there would be a quorum for the City's Zoning meeting scheduled for April 6, 2005. Mayor Gibson indicated that only two members are scheduled to attend the Dade Days event (Gibson and Pritchett). The remaining of the City Council would be in attendance at the Zoning meeting. She further asked the City Clerk to post a notice indicating that members of the City Council would be in Tallahassee attending the Legislative Conference on March 29,2005, and the Dade Days event, scheduled for April 6 and 7, 2005. Councilman Bratton announced that a City of Miami Gardens sign has been erected on the south side of the building. He further questioned the status of the entranceway signage. Manager Crew said that the City is still awaiting FDOT's approval. Councilman Bratton thanked staff for an excellent workshop on the Comprehensive Regular City Council Minutes 22 March 23,2005 Development Master Plan. (0) REQUESTS, PETITIONS & OTHER COMMUNICATIONS FROM THE PUBLIC. Mr.Kenneth Hawkins, with a business address at 2601 South Bayshore Drive,Miami,Florida, appeared before the City Council and indicated that his firm is a minority firm, even though it is not local was one of the firms not selected. He conveyed that Councilman Braynon's ideas were excellent. (P) ADJOURNMENT. After there were no other business to come before this Body and upon a motion being duly made by Councilman Braynon and seconded by Vice Mayor Campbell, the meeting adjourned at 10:37 p.m. rle ibson Attest: Ronetta Taylor, CMC, ity Clerk Regular City Council Minutes 23 March 23,2005