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January 9, 2008 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JANUARY 9, 2008 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens,Florida,met in regular session,Wednesday, January 9,2008,beginning at 7:12 p.m.,in the City Council Chambers,1515 NW 1671'Street,Building 5, Suite 200,Miami Gardens,Florida. The following members of the City Council were present: Mayor Shirley Gibson,Vice Mayor Barbara Watson, and Council members Aaron Campbell Jr., Andre Williams, Melvin L. Bratton, Sharon Pritchett and Oscar Braynon II. Also in attendance were: City Manager Dr.Danny O. Crew,City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation delivered by Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES Regular Meeting - October 24, 2007 Motion offered by Vice Mayor Watson and seconded by Councilman Bratton to approve the minutes. This motion passed and carried by a 7-0 voice vote. Regular Meeting - November 14, 2007 November 14, 2007 minutes where not available for approval (E) ORDER OF BUSINESS (Items shall be pulled from the Consent Agenda at this time): Item J-2 was pulled from the Consent Agenda by Councilwoman Pritchett The following Items were added as presentation F-2) Taren Kingle, Human Resources Director, Presentation F-3)Police Department Report F-4) MLK Final Report Motion offered by Vice Mayor Watson and second by Councilman Williams to approve the official agenda with necessary additions/deletions. This motion passed by a 7-0 voice vote (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) November 2007 Budget Status Report Dr.Danny O Crew,City Manager,stated this initial presentation will be presented by Finance Director William Alonso, which includes his monthly report and financial trends analysis report. Regular City Council Minutes January 9,2008 Dr. Crew added a revenue and fee manual will be forthcoming at a later for the Council's consideration and adoption. This document will outline every revenue and fee, with complete details,reasons, and history for every fee which is imposed by the city. William Alonso, Finance Director, appeared before the City Council and presented the November 2007 Budget Report. He stated this is the initial report for the City's budget status. In addition,this report contains Section 13,City Investment Reports;which contains a break down of the City's different investments. Mr.Alonso stated during the next City Council Meeting(January 23,2008)the auditors will be present to provide the 2007 CFA (Comprehensive Annual Financial Report). At that time the December budget report will also be available. Mr.Alonso presented the Financial Trends report,which is based on the past four years. He shared this report is showing a lot of positive trends; 14 positive, 4 negatives, and 2 inconclusive indicators.Which is a 70%positive rating;out of the 20 indicators there were 3 indicators that were important.These indicators deal with liquidity,which were positive indicators for the City in the first four years. Mr. Alonso stated notification was received from the State indicating the revenue sharing estimate would have a short fall of$900,000 from what was originally budgeted. Mayor Gibson commended Mr. Alonso for a good report. Councilman Braynon asked how often will the Council receive monthly reports. Mr. Alonso replied monthly Councilman Williams broached the subject of negative trend for fringe benefits and asked whether the city was going in the right direction since this has become a major concern with other cities. Mr. Alonso replied the reason for the negative trend is because the trend is increasing; for instance if you look at 2004 it was only 15%,then from 25%and now it is 30%. Most cities are in the 20% to 30% range, which means for every dollar spent .20 to .30 cents is spent for health benefits,which is normal. If it does reach the plus 31%range then this would be something the city must revisit. This trend is increasing due to the cost of insurance, which has risen during the past years. Dr. Crew added that yes the City has had dramatic increases in workers' comp. Councilman Williams asked if the amendment vote passes,when would the City start to see the affects. Mr.Alonso replied that this will impact us during Fiscal Year 08/09. He added there are two different issues being discussed. One of which is going on the ballot for January 29, 2008. The other initiative is a petition drive that no property can be assisted no higher than 1.3 5% rather than the 3%currently allowed. Regular City Council Minutes 2 January 9,2008 Dr. Crew further explained in terms of revenue, if the first one, which is on the ballot for January 29, passed, the impact for the City would be in the $2 million range when it comes to revenue;to add on the$900,000 shortfall,could hurt the City but not kill the City.If the other item (petition drive to not increase assessment higher than 1.33%were to pass,the City will be looking at a$6 million tax cut.This could cause the City to close normal operations such as Code Enforcement, Parks, etc. Furthermore, the City would only be able to maintain services such as the Police Department and other basic operations. Mayor Gibson thanked Mr. Alonso for his report. F-2) City Manager's Annual Evaluation Notice Taren Kingle,Human Recourses Director, appeared before the City Council and presented the City Manager's Annual Evaluation Notice; which included a salary survey for managers from similar size cities. A cover memorandum listing accomplishments by the manager was also provided. She requested would that each Council member reply by the next council meeting. This would provide sufficient time in order to prepare and provide the Council with a spreadsheet,tally and rating of the Manager's evaluation. This will assist the Council in making a decision as what merit increase will be given to the Manager. F-3) Police Department Report Mathew Boyd, Miami Gardens Chief of Police stated that since the 16th of December, everything has gone well with the start of the Police Department. However,there have been a few glitches with technology, which has been corrected. Resident comments have been very positive. Particular attention has been given to the hot spots. Those areas have been relatively quiet. A full monthly report on the breakdown of crimes will be forthcoming. He stated from his experience and first had knowledge he has seen a dramatic decrease in activity since the take over of police services. The new equipment, the personnel, and the technology contributed to the overall success of the transition phase. He also shared the success of different criminal captures. Councilman Bratton shared his first hand experience while riding with Chief Boyd as an observer. He stated that he witnessed the first arrest,which was made by Chief Boyd. He added that he likes the new look of the Police Department Cars and is very impressed with the Police operation. Dr. Crew added the police department is expecting to bring on 12 additional officers. This would increase and improve visibility. Vice Mayor Watson expressed concern about the City receiving specialized services(a canine unite from another department other that Miami-Dade County. She stated the City is paying the County for specialized services,therefore Miami-Dade County needs to be accountable. Councilman Williams stated that he is impressed with police services and offered kudos to the Police Department. Councilwoman Pritchett expressed her concerns about receiving specialized services from another Police Department and not the County. Regular City Council Minutes 3 January 9,1008 Councilman Campbell stated that he is impressed with the response and clear times by the Police Officers. However,he is concerned with the calls for sick and injured persons dispatched thru the county, which requires both police and fire-medical services. He opined this is being done purposely by the County to overwhelm the department. Chief Boyd replied this is a typical procedure that is done by the Miami Dade County Police Department as a bonus incentive for special first responders, which is in the PBA agreement. Hs shared he has taken the initiative to direct dispatch to notify a supervisor to receive recommendation on whether police services are required, at that point a supervisor will decide on whether police services is needed or not. Chief Bill Lions,Metro Dade Fire Rescue,appeared before the City Council and stated that they will still respond to all medical and fire calls within Miami Gardens;and call off police service when necessary. Councilman Campbell stated his issue is not with the Fire Department. It is with Miami- Dade County's dispatch, which is forwarding unnecessary calls to the Miami Gardens Police Department. Mayor Gibson expressed concern with the bonus incentive given to the Miami Dade County Police officers on their labor contract,which can inflate the Police budget.Nonetheless she is still impressed with Police operations by the newly formed Miami Gardens Police Department. F-4) MLK Committee Final Report Sandra McDowell,Vice Chairperson of the Dr.Martin Luther King Jr.,Steering Committee, appeared before the City Council to provide a final report before the event. She there will be an exciting Dr.Martin Luther King Celebration.This event,which has already commenced,consists of a poetry contest,oratorical contest,parade and a celebration at the park.There has already been great review from local media outlets such as the Miami Herald and Broward Times for our poetry contest. She extended an invitation to the Mayor and Council to be a part of the Parade. Ms McDowell added tentatively Andre Dawson has been asked to participate as the Grand Marshall. The parade will start at 10:30 a.m.and end at 11:30 a.m.The park celebration will begin at 12:00 p.m. The MC and Host will be Calvin Hughes of ABC Channel 10, with special guest appearance by Tom Joyner. Sponsorship has been provided by Children's Trust,Comcast,Humana, Jesus People Ministry, Chen Medical, 99 Jamz, and Hot 105. As a matter of fact 99 Jamz has endorsed Miami Gardens' celebration versus the celebration in the City of Miami. Also on the 19`h there will be a peace garden planted at Brentwood Park,which is being donated and worked on by the Service for Peace. Included will be a mural painted by Adonis Parker,who has painted the mural located at the Martin Luther King building at 62"d Street. Councilwoman Pritchett asked if there is a website or flyers available with the details all of the events that will take place. Ms. McDowell replied that yes there is a website available with publications in the newspaper, radio and Comcast. Regular City Council Minutes 4 January 9,2008 Councilwoman Pritchett asked will there be flyers distribute? Ula Zucker,Events&Media Coordinator, appeared before the City Council in response to Councilwoman Pritchett's question. She replied flyers will be distributed within and outside of the City. Also the website is www.miamigardensmlk.com, the placement of banners and media commercials will also begin this week. Mayor Gibson commended the MLK committee for a great report. Councilman Campbell asked how is the committee controlling who takes part in the parade, so that a positive image of the event is maintained. Ms. McDowell replied that there are rules and regulations in place. Councilman Bratton asked who are some of the participants in this year's festivity. Ms. McDowell shared the Carol City Marching Band, Big Poppa Pump, Pandemonium American dancers, and Kids from different organizations will be participating. Councilman Bratton asked who will help with public control and safety. Ula Zucker replied that the Police Department and Public Works Department will be handling the details, personnel and equipment needed for crowd control and safety. Vice Mayor Watson asked if the council can view the rules and regulations that are being used to select the parade. Ms. McDowell replied yes. (G) PUBLIC COMMENTS There were none. Please note: Councilman Oscar Braynon Il,left the meeting at 7:45 p.m.,and returned at 8:33 p.m. Cherokee Admed,2780 NW 167th Street Miami Gardens,FL,extended invitations to the City Council and Residents to Commissioner Jordan's Town Hall Meeting,January 17,2008 at 7:00 p.m.,at the Opa-locka Elementary School. There will be a Senior Hoop hosted by Commissioner Jordan on February 14, 2008 at the Landmark Learning Center. For additional information you can contact Commissioner Jordan's staff at(305)474-3011. (I� ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AMENDING SECTION 5 OF ORDINANCE NO. 2005-03-41, WHICH ESTABLISHED A CONSENT AGENDA, TO PROVIDE THAT ALL ITEMS PULLED FROM THE CONSENT AGENDA REQUIRE THE REQUEST OF AT LEAST TWO MEMBERS OF THE GOVERNING BODY PRIOR TO ANY ITEM BEING Regular City Council Minutes 5 January 9,2008 PULLED; 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 explained her rationale for sponsoring this item. She said the adoption of this Ordinance would increase the efficiency of the Consent Agenda. As the ordinance is written it would take the consent of two council members to pull an item from the consent agenda. Mayor Gibson passed the gavel to Vice Mayor Watson. Councilman Bratton asked for clarity whether this means it would take two members of the Council to pull an item. Mayor Gibson replied for example if she wanted to pull an item, another council member will need to have the same interest to pull the item in order for the item to get pulled. Motion offered by Mayor Gibson,seconded by Councilman Williams to approve this item on first reading. There being no further discussion,the motion to approve on first reading passed and carried by a 5-1 vote. Councilman Bratton: Yes Councilman Braynon: Not present Councilman Campbell: Yes Councilwoman Pritchett: No Councilman Williams: Yes Mayor Gibson: Yes Vice Mayor Watson: Yes After this vote was taken Vice Mayor Watson relinquished the gavel to Mayor Gibson. H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, OPTING OUT OF MIAMI-DADE COUNTY'S CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE AS IT RELATES TO THE CONE OF SILENCE WITH RESPECT TO COMMUNICATIONS REGARDING ADVERTISED PURCHASING SOLICITATIONS; ADDING SECTION 23 TO ORDINANCE NO.2005-1048,THE PURCHASING ORDINANCE TO PROVIDE FOR A CONE OF SILENCE; PROVIDING FOR PENALTIES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK: PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;PROVIDING Regular City Council Minutes January 9,2008 FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Pamila Thompson,Procurement Manager,stated this is a house keeping item. The Ordinance creates the City's own Cone of Silence,which will take away some of the restrictions from the County Ordinance. Currently that ordinance dictates there shall not be any communications between staff and council members during the advertising of a solicitation. She shared by implementing our own Cone of Silence ordinance communications between staff and Council would be possible. The definitions and provision for the prohibition mirrors the County's Code. Motion offered by Councilman Bratton, seconded by Councilman Campbell to approve this item on first reading. Councilwoman Pritchett asked for clarification whether this ordinance will allow staff to communicate during the solicitation process. Pamila Thompson replied yes There being no further discussion,the motion to approve on first reading passed and carried by a 6-0 vote. Councilman Braynon: Not present Councilman Campbell: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes (I) ORDINANCES) FOR SECOND READING "PUBLIC HEARING(S)" ORDINANCE NO.2008-01-137 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR RELIGIOUS AND NONRELIGIOUS ASSEMBLY USES IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS,PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES WITHIN THE RESIDENTIAL DISTRICT;PROVIDING FOR A TERM;PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR INCLUSION IN CODE;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER/CITY ATTORNEY)(1"Reading—December 12,2007) Regular City Council Minutes 7 January 9,2008 Dr. Crew stated that this will protect the City while we develop a new code. Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to adopt this ordinance. There being no further discussion,the motion to adopt this ordinance passed and carried by a 6-0 vote. Councilman Campbell: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Councilman Braynon: Not present Mayor Gibson: Yes (J) CONSENT AGENDA/RESOLUTION(S) RESOLUTION NO. 2008-02-689 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $66,680.79 TO PATTERSON POPE,INC.,FOR THE PURCHASE OF LOCKERS AND STORAGE SYSTEMS FOR THE POLICE DEPARTMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2008-03-690 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS TO ELECTRICAL CONTRACTING SERVICES,INC.,IN THE AMOUNT OF$51,900.00 FOR THE REPLACEMENT AND REPAIR OF EXISTING FIELD LIGHTING AT ROLLING OAKS PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-04-691 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A POLICY ON THE DISSEMINATION OF SOCIAL SECURITY NUMBERS IN ACCORDANCE WITH SECTION 119.071(5),FLORIDA STATUTES; PROVIDING FOR THE DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; Regular City Council Minutes 8 January 9,2008 PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Bratton, seconded by Councilman Campbell to adopt the Consent Agenda. This motion passed and carried by a 6-0 voice vote. (I) RESOLUTION(S) RESOLUTION NO. 2008-05-692 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS TO PROVIDE INMATE LABOR SQUADS TO THE CITY,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) Motion offered by Councilwoman Pritchett,seconded by Councilman Campbell to approve this item. Councilwoman Pritchett explained she had pulled this item in order to render a"no"vote. There being no further discussion,the motion to approve passed and carried by a 5-1 voice vote. Councilwoman Pritchett cast the dissenting vote. (L) REPORTS OF CITY MANAGER AND CITY ATTORNEY. City Attorney Report Attorney Dickens,requested for a Waiver of Conflict due to her representing the City and her Law Firm's representation of Family Dollar Store during a Special Master Hearing,where Family Dollar will be requesting for a Lien Reduction. Motion offered by Councilman Williams,seconded by Councilman Braynon to grant a Waiver of Conflict to Attorney Dickens. There being no further discussion, the motion to approve passed and carried by a 6-0 voice vote. Sonja Dickens announced that the City has hired Tiffany Brittan as Police Legal Advisor,for the City of Miami Gardens Police Department. L-1) Update on CDMP amendment for Public School Concurrency Provision. L-2) City Manager's Monthly Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS. Councilman Williams extended Happy New Year Wishes Regular City Council Minutes 9 January 9,2008 Vice Mayor Watson extended Happy New Year Wishes Councilman Bratton expressed concern with the posters advertising concerts being plastered all over the City. He asked whether there is prohibition against this type of activity. Dr. Crew shared there is a County Ordinance in place, which the City falls under. Councilman Bratton asked who would the City hold responsible in regards to citing for these illegal ads. Chris Steers, Assistant City Manager for Business Services appeared before the City Council to expound on this matter. He said the owner, benefactor, and whoever put up the advertisement could be held liable. The issue is catching them in the act of placing these ads and how do we collect the fine. Vice Mayor Watson stated she had discussed this matter with the City Attorney and come to realize that it will be hard to catch the person who is posting the advertisement. However,perhaps a representative of the City can go to the event and hand over a citation to the promoter. Attorney Dickens concurred and stated serving the person involved and making it a criminal offense so that the City can get better enforcement through the Courts, could be an option. Dr. Crew added this is something the Police Department has made a priority. Chris Steers agreed with the City Attorney suggestion. Councilman Bratton asked what is the status of the Red Light Camera program. Dr. Crew replied the City is waiting for the surveys so that they can move forward with this. Councilman Braynon commended the Dr. Martin Luther King Jr., Steering Committee for putting on an excellent Oratorical event. Councilman Braynon further asked the status of the City hiring an IT Director? Dr. Crew replied the City is still recruiting for an IT Director. One person considered did not pass the background check; thus there is still an ongoing recruitment. Councilman Bratton asked why was 8 years of experience chosen for the IT position? Dr. Crew replied it is the recommended industry standards. Mayor Gibson asked whether Code Enforcement has been directed to handle the increase of panhandling. Dr. Crew replied this will be something that will be discussed with the Police Legal Advisor for better direction so that the Police understand the limitations in regards to this. Attorney Dickens replied that this will be an issue for the Attorney to revisit. Regular City Council Minutes 10 January 9,2008 Mayor Gibson stated it has been approximately four years since a strategic planning session was held. She opined this is a good time to revisit that; because it gives staff a better direction of where the Council wants to go. Mayor Gibson extended her thanks to staff and the residents for their support and for attending the City Council Meetings. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC. None. (0) ADJOURNMENT. There being no further business to come before this Body and upon a motion being duly made by Councilman Bratton,the meeting adjourned at 9:00 p.m. ShirleyGi n,Mayor Attest: rte. Ronetta Taylor, C161 City Clerk Regular City Council Minutes 11 January 9,2008