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February 27, 2008 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES FEBRUARY 27, 2008 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday February 27, 2008, beginning at 7:17 p.m., in the City Council Chambers, 1515 NW 16711 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., Andr6 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 The Invocation was delivered by Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Pledge of Allegiance was recited in unison. (D) APPROVAL OF MINUTES Regular Meeting - January 23, 2008 Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. (E) ORDER OF BUSINESS (Items shall be pulled from the Consent Agenda at this time): (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Special Presentation Mayor Gibson, joined by Vice Mayor Watson, Councilwoman Pritchett and Councilmen Bratton, Campbell, Williams presented a plaque to outgoing Council member the Honorable Oscar Braynon II who was recently elected to The State of Florida House of Representative, District 3. Councilman Braynon said it has been a pleasure to have served on the Council and been able to effectuate change in the community. He stated this wonderful experience that he has gained in the City of Miami Gardens will be taken with him to Tallahassee and will help in forming legislation and thinking outside the box F-2) January 2008 Budget Status Report William Alonso, Finance Director for the City of Miami Gardens, appeared before the Regular City Council Minutes February 27,2008 City Council to expound on this report. He stated there have been on significant changes since the last report except: 1) Budget amendment; 2) Reclassification of the Stormwater Funds; 3) downward adjustment in estimates of year-end fund balances to a half million dollars, this is due in part to a budget shortfall of approximately $600,000.00 for those police services charged to the City by Miami Dade County. Mr. Alonso shared another important factor for January 2008 was that the City closed on the Wachovia property, which is the future site for City Hall for a total cost of 4.2 Million Dollars. The Development Service Fund is still decreasing. Steps are already being taken by administration to address this issue and mitigate the impact. Mr. Alonso said within the next couple of weeks residents will receive a Resident Annual Financial Report. He anticipates having the finished product available for the Council review at the next City Council meeting. F-3) Transit Circulator Feasibility Study by Miami-Dade County Metropolitan Planning Organization Jay Marder, Development Services Director appeared before the City Council to provide introductory remarks about the Transit Circular Feasibility Study. Sonia Shreffler Bogart appeared before the City Council and expound on the Transit Circulator Feasibility. She related from the survey given to city staff and steering committee the results show the City wanted to connect to existing transit, provide service all days of the week, and operate during typical business hours. A copy of the Miami Gardens Circular Feasibility Study Executive Summary is attached hereto as Exhibit "A" and made a part of the record. Councilman Williams asked whether the study identified areas that might be underserved at present. Ms. Bogart said the main issues being looked at right now are established routes. Councilman Campbell expressed concern that from his observation it appears all the routes are on the eastern side of the City. He shared that he represents constituents on the western side of the City. He asked whether existing transit routes were used in this feasibility study. Ms. Bogart in response to Councilman Campbell stated that the transit routes were not necessarily used. However, one would want to start with an existing route that has had sufficient ridership. Councilman Campbell opined there is one area of the City that is grossly underserved by Miami-Dade County's transit system, which is geographical area north on 27'Avenue, to east on 207" Street to the Turnpike. He said there are at least three huge multi-apartment complexes in that area, which generates a lot of traffic. This only service in this area now is being provided by a Jitney Service. He said if the ridership of that service were considered he would suspect NW 207' Street would be included. Regular City Council Minutes 2 February 27,2008 Ms. Bogart stated Councilman Campbell has an excellent reason to be concerned about that. However, right now staff is only recommending going across 199`' Street however, this is something that can be adjusted depending on what type of ridership would be picked up on 1W, Street. Councilwoman Pritchett asked whether the buses would be in compliance with the American Disability Act. Ms. Bogart in response to Councilwoman Pritchett's question stated, "Absolutely". Councilwoman Pritchett placed emphasis on the importance of getting the word out so residents will know they have an alternative. Vice Mayor Watson asked whether the Broward County routes were taken into consideration when this study was being conducted. Ms. Bogart in response to Vice Mayor Watson's question stated, "Yes we did". Councilman Bratton referenced the Conclusion and Recommendations section of the report, more specifically the language "the service would be free based on the apparent benefits of other cities having a free circular system, and asked for clarification. Ms. Bogart explained the transit system never pays for itself. This is a service that the City will be providing for its citizens. When you have a free service you have a higher ridership because you are servicing more people. In addition, there is no accounting or administrative cost. Councilman Bratton asked whether the drivers would be from Miami-Dade County or would the City provide its own drivers. Ms. Bogart said there are different ways to handle drivers. There are companies that come in and the City would pay a contractor. (G) PUBLIC COMMENTS Patricia Lightfoot, 2750 NW 172"a Terrace, Miami Gardens, Florida, appeared before the City Council to express her views about Item H-2. She stated such an organization (Community Advisory Committee) is already in existence for over 30 years. This Committee is a liaison between the community and the police department. This committee has been meeting once a month for the past 30 years and is very familiar with all of the hot spots in the City. She asked that the Council not reinvent wheel. The members of this committee have all attended the Police Academy and have eight hours of police ride-along experience. Ms. Lightfoot further explained the Committee members of the Community Advisory Committee are appointed by the County Manager. The Committee acted in advisory capacity to the Regular City Council Minutes 3 February 27,2008 District Commander regarding issues relative to police/community relations within the District. She reiterated she did not want the Council to come up with something new when there is something already in place with experienced residents already serving in that capacity. The residents are also very familiar with this committee and know who to call when they have questions. Furthermore,this committee has developed a working, bonding and trusting relationship with the police department and residents. Councilman Williams stated he was very familiar with the work being done by the Community Advisory Committee. Mayor Gibson asked about the composition of this Committee. Ms. Lightfoot explained the Committee has 15 members. Mayor Gibson stated as the City has transitioned from Miami-Dade County, in many areas the City is realizing it has to sunset many of the programs, activities that were in place. These entities now have to become Miami Gardens' entities. Therefore,the rules that Miami-Dade County has are not necessarily the rules Miami Gardens will utilize. In this particular instance, the City needed to make its Committee official and relative to the City of Miami Gardens Police Department. The Community Advisory Committee Ms. Lightfoot is referring to is relative to the Miami-Dade Police Department and not the City of Miami Gardens. Ms. Lightfoot said that is what she is asking for tonight. She shared the Committee was planning to come before the Council to make a presentation regarding this matter. She suggested utilizing what is in place with appropriate modifications, if needed. Councilwoman Pritchett asked Ms. Lightfoot how long does each member of the Citizens Advisory Committee serve. Ms. Lightfoot stated that she has been serving as chairperson for over ten years. She further explained the membership is based on the consistency of attendance. Dr. Lester Brown, 18801 NW 29'Court, Miami Gardens, Florida, appeared before the City Council to commend out-going Council member Oscar Braynon II. He opined as a young man, Councilman Braynon has served the citizens of this community very well. Shareeke Edmead, 2780 NW 167d' Street, Miami Gardens, Florida appeared before the Council as a representative of County Commissioner Barbara Jordan. She announced on Saturday, March 1, 2008, Commissioner Jordan will be hosting a workshop from 9:00 a.m. to 12:00 noon, at the North Dade Regional Library on Mortgage Foreclosures. Mayor Gibson shared in speaking with the Community Development Director earlier during the day she learned that the City of Miami Gardens has one the highest foreclosure rate in the State of Florida. Regular City Council Minutes 4 February 27,2008 (H) ORDINANCES) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A COMMISSION ON WOMEN; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND POWERS; 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 SHIRLEY GIBSON) Mayor Gibson passed the gavel before explaining her rationale for sponsoring this item. Mayor Gibson explained this is an initiative to establish a Commission for Women in the City of Miami Gardens. She shared she was approached by several women who reside within the City of Miami Gardens about establishing a Commission For Women within the City. The Commission For Woman is a national organization, with a tremendous creditability, and does a lot of positive things for women. It also provides a great mentoring resource for women. A motion was offered by Mayor Gibson, seconded by Councilman Braynon to adopt this item on first reading. Oscar J. Braynon, 111 NW1st Street, Miami, Florida, a representative from the Office of Community Advocacy, which is the Miami-Dade County Agency that staff's the Commission For Women. He conveyed the Commission's appreciation of seeing this item before the Council for consideration. The Commission also extends its support for the creation of this Commission in the City of Miami Gardens. The Commission is also willing to provide technical assistance for the City of Miami Gardens in creating the Commission For Women. Councilman Campbell asked whether this Commission For Women would have any impact on the City's budget, more particularly as it relates to staffing. Mayor Gibson in response to Councilman Campbell's question stated this was on of the issues discussed when she was asked to sponsor this ordinance. She stated that she made it very clear that she would not be sponsoring something that would have an impact on the City's budget at this particular time. If the question comes up the Council can certainly discuss whether it can or can not afford to accommodate the request. There being no further discussion on this item, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Regular City Council Minutes $ February 27,2008 Councilman Campbell: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes Councilman Williams: Yes Vice Mayor Watson: Yes At the conclusion of this discussion, Vice Mayor Watson relinquished the gavel to Mayor Gibson. H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A PUBLIC SAFETY OUTREACH COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND POWERS; 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 VICE MAYOR BARBARA WATSON) Vice Mayor Watson thanked the members of the CAC for coming to tonight's meeting. She explained this is not an effort to undermine that process. Miami Gardens is a new city and we are about trying to create entities that will work within and with the City. We are looking to create departments and outreaches to our residents on issues that may be important,on incidents that are occurring within the City. We need to brand those things,city brand. This does not mean the CAC has not done a great job, it has. The City of Miami Gardens needs to embrace its own and create its own. The City of Miami Gardens needs to create its own Community Outreach Committee. One that can be put in place so that we can be assured that the type of process that this City feels most comfortable with is achieved. We would like to make sure that the committee members will be in place and be able to communicate with the City's Police Chief. We would like to have a formal group that represents this City. This does not mean the City is trying to circumvent CAC's efforts. The City is working to create a group that will work and function with the City's vision and mission. Vice Mayor Watson conveyed belief that staff has put together a very good ordinance that will allow the City to continue to operate. There is plenty of opportunity for this document to grow. She opined this is a living document and will allow the City to do many things that she has seen Miami- Dade County doing. Some of the things that have been created by Miami-Dade County have not been a great fit for the City of Miami Gardens. Miami-Dade County's CAC has been a good fit. What the City is looking to do is to simply brand its own. There is nothing in this ordinance that would prevent the members of CAC from being a part of the City's committee. Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to adopt this ordinance on first reading. Councilman Bratton stated when the City of Miami Gardens incorporated it had a contract with Regular City Council Minutes February 27,2008 the Miami-Dade Police Department. In reading this ordinance it is a duplicate of what the CAC is doing. He suggested scheduling a workshop to clear this matter up. Councilwoman Pritchett stated in looking at the composition of this committee is the same as the CAC (15 members). She asked if there is some way,after a series of meetings with the existing group,if that group can be incorporated into the concept being presented;whereby Vice Mayor Watson wants to effectuate what is needed for this City but base that upon some dialogue from this group before we have a final vote or final resolution with this ordinance. Vice Mayor Watson reiterated this is a living document and will be changing as situations arise. This is an opportunity tool. She said the composition identified in the ordinance represents a good cross section of this community. Councilman Williams acknowledged CAC and the hard work this committee has done. He stated that he did not want the members to think this Council is minimizing anything this Committee has done over the years. He opined this ordinance being sponsored by Vice Mayor Watson is a wonderful idea. He opined there is however room for improvement. He expressed his view that the members of the CAC should be apart of this Committee because of the experience and knowledge the members would bring. Councilman Campbell stated he has worked with the existing group for many years. He suggested the ordinance can be modified to include some of those things that already exist. He said the only thing different that he sees in the proposed ordinance and what already exists is the title. Everything else is exactly the same. He opined what we are really doing is reinventing the wheel. Manager Crew explained the CAC currently is appointed and works for the County Manager and not the City of Miami Gardens. He recommended adding the CAC membership to the City's ordinance, which would increase the membership. As members leave the membership could be decreased down to 15 in a couple of years. Councilman Braynon stated this is Vice Mayor Watson's item and it is his understanding that prior to bringing this item forward she met with individuals,perhaps not with the CAC members,to get their feedback and input. He stated a possible solution would be to allow Vice Mayor Watson to meet with one part that she may have missed. Councilman Bratton stated if one would read the CAC ordinance and compare that language with what is being proposed in this ordinance you will find that it is duplication. This is a representation of what the CAC has been doing from day one. Mayor Gibson asked who appointed the original 15 members to the CAC. Ms.Lightfoot reappeared before the City Council in response to Mayor Gibson's inquiry and stated originally applications of those individuals interested in becoming a member of the CAC was given to the County Manager. The County Manager would then make a selection and appoint 15 individuals from the number of applications received,after a background check has been conducted. Regular City Council Minutes 7 February 27,2008 Mayor Gibson asked what is the term limit for the membership. Ms. Lightfoot replied two years, as per the by-laws established by the CAC. Mayor Gibson stated because of the fact that the City has to legitimize different committees and different entities related to Miami Gardens it is important that the Council do that. Perhaps what it is called may be significant. When talking about the fact that this committee may be doing some of the same things that were done under Miami-Dade County and share some of the same function. She opined perhaps there could have been some dialogue;the fact that the Chair of the CAC said they were planning to come before the City Council with a presentation; as it is now Vice Mayor Watson sponsored this item prior to the CAC making a physical presentation to the Council. She opined the first thing that would have to happen is the CAC would have to be made a part of the City of Miami Gardens. How this Committee is structured will be determined by the City Council. Mayor Gibson stated every member currently servicing on the CAC might not be appointed to the City's committee because every member of the City Council gets an opportunity to appoint someone. In Miami-Dade County the County Manager made the appointments. The City of Miami Gardens' Charter states each Council member makes appointments to Boards and Committees. She suggested that the CAC members submit their name in order to be appointed by a Council member to serve on the City's Committee. She further stated it is not a bad thing to make changes. Councilman Bratton said it is not about change it is about being inclusive. He questioned if the Committee is only meeting four times a year how will the information be disseminated to the community. Mayor Gibson outlined the responsibilities in the proposed ordinance,which varied in a similar degree to the CAC. She said the only thing that would be different is that the Committee members would report to the City Council as opposed to reporting to the City Manager. The other only difference is the name of the Committee. Ms. Lightfoot in response to Mayor Gibson's comments stated there needed to be continuity. This ordinance can certainly be expound on and changed. Mayor Gibson pointed out that the proposed ordinance provides for eight community representatives. Depending on the makeup of the Committee there will be community representation. Currently the CAC is totally made up of community representatives. The proposed ordinance would broaden the scope. The only thing that seems to be happening here is the fact that the name is being changed. Mayor Gibson stated the CAC is really defunct because it does not belong to anyone. The Miami-Dade Police Department is no longer operational in the City of Miami Gardens. Councilman Campbell said if the issue is only a name change perhaps it would be better to name this proposed Committee the CAC. He opined that would resolve that issue. Regular City Council Minutes 8 February 27,2008 Councilman Williams stated he can respect all the comments made during this discussion. There have been some concrete suggestions made about how to integrate the CAC into what is being done. He recommended putting all the suggestions made tonight together to come up with a good solution for everybody. Councilwoman Pritchett placed emphasis on the importance of following the Charter when making appointments to established boards and committees of the City of Miami Gardens. She asked the City Attorney is there a way for the Council to expeditiously do what is believed Vice Mayor Watson is trying to achieve and be legal according to the mandates of the Charter. Attorney Dickens in response to Councilwoman Pritchett's question stated the ordinance creates the Committee,a resolution is then approved appointing members to the committee. If the ordinance gets approved in whatever form,the Council will then have to appoint the members to the committee. The name change would be an amendment the ordinance. Councilman Williams shared he was suggesting the Council change the guidelines to address the issues raised at tonight's meeting. Vice Mayor Watson apologized to the CAC members if there has been some offending on her part by not including them. She stated there is however,urgency in putting this in place as governed by the City's Charter. It is not about replacing the CAC but it is about addressing the needs of this community. She also commended the CAC for still having a continued communication with the constituents,even while this has not been in place. She added after discussion it would seem the only thing that needs to be changed in order to move this ordinance forward is the composition of members that can be appointed to this board. Councilman Campbell stated he would like to amend the number of members on the board from 8 to 14 for Community representative, also change the name from Public Safety Outreach Committee to the City of Miami Gardens Citizens Advisory Committee. Councilwoman Pritchett asked since the number of members will increase,how many will each Council member be able to appoint. Vice Mayor Watson replied three. Attorney Dickens suggested that the council have further discussion to give her instructions to restructure this Ordinance and defer this item to another meeting. Councilman Campbell opined there should be a change in the qualifications of a member. Attorney Dickens said she will make that portion very broad. Mayor Gibson said the appointments for the Council should be three members for a total of 21 members in addition,the term of office should be clarified. Regular City Council Minutes 9 February 27,2008 Attorney Dickens asked whether the County still operates CAC's anywhere. Councilman Campbell replied yes in other districts. He also proposed that the name of the Committee is changed as he previously indicated. Mayor Gibson asked for consensus for the change of the name to the City of Miami Gardens CAC by raise of hand. By unanimous consent,the new ordinance to be brought back by the City Attorney will have a name change from Public Safety Outreach Committee to the City of Miami Gardens Citizens Advisory Committee. Motion offered by Vice Mayor Watson,seconded by Councilman Bratton to defer this item to the March 12,2008 City Council meeting. The motion to defer passed and carried by a 7-0 voice vote. (n ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S): ORDINANCE NO. 2008-07-143 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION C OF ORDINANCE NO. 2005-27-65 RELATING TO REGULATIONS CONCERNING MOTORIZED SCOOTERS, GO-PEDS, ALL TERRAIN VEHICLES AND DIRT BIKES WITHIN THE CITY OF MIAMI GARDENS; 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 ATTORNEY)(1s`Reading—February 13, 2008) Attorney Dickens explained this is an amendment to the City's prior Ordinance in regards to motorized scooters. The amendments proposed are to increase the fine to$500.00 and also to make this a criminal violation. Mayor Gibson opened the public hearing portion of this item. Hugh Dodd, 17125 NW 10 Ave,Miami Gardens,FL appeared before the Council and asked if the Ordinance is already in placed is it enforceable;if not what steps can be taken to enforce it.To the best of his knowledge it was stated in the past the issue was the possibility of lawsuits. He added there are still riders on our streets and the vacant lot on 27th Avenue. He questioned whether the City has jurisdiction on private property and will this amendment be effective. Paul Miller, Deputy Chief of Police appeared before the Council in response to Mr. Dodd's concerns. He shared the department has been attempting to enforcing this ordinance and are in Regular City Council Minutes 10 February 27,2008 continued discussions with the City Attorney,which has resulted in the proposed amendments. What the department is looking for is clarification, which is what this ordinance will provide. The department is trying to do something with the property owner of the empty lot on 27`h Avenue(near Wal-Mart)in conjunction with the department's Zero Tolerance Policy and the trespassing statue of the State of Florida. However,the Police Department can not chase these people because it is more of a danger to the public and our officers. Mayor Gibson said she has seen a reduction of these motorized vehicles since the start of our Police Department. Councilman Williams asked whether this mean go-karts can not be driven on the public streets? Deputy Chief Miller replied yes,additionally any motorized vehicle driven on the public streets must be registered. Mayor Gibson closed the public hearing portion of this item Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to adopt this ordinance. There being no further discussion on this item,the motion to adopt on second reading passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Councilman Campbell: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Vice Mayor Watson: Yes Mayor Gibson: Yes ORDINANCE NO. 2008-08-144 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS ENACTING PROVISIONS FOR OWNERS AND OPERATORS OF TOWING COMPANIES DOING BUSINESS IN THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR TOWING PERMITS; PROVIDING FOR TOWING RULES AND REGULATIONS;PROVIDING FOR PENALTIES;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) (1"Reading—February 13,2008 Regular City Council Minutes 11 February 27,2008 Manager Crew explained this ordinance will allow the City to regulate non-consent tows within the City and establish the rules & regulations for companies that provide non- consent tows. Mayor Gibson opened the public hearing portion of this item. There being no interested parties to speak on this item,the public hearing was closed. Motion offered by Councilman Braynon,seconded by Councilman Campbell to adopt this ordinance. Councilwoman Pritchett asked will the City set the actual towing fee on this and will the City's towing fees be higher than the $95.00 currently being charged by Miami-Dade County. Manager Crew replied yes all together the City's towing fee will become lower then the County. Christopher Steers,Assistant City Manager for Business Services appeared before the Council to expound on this matter. He explained the City's fees were based on the average of what other cities charge. Councilwoman Pritchett asked is this an advantage to the residents. Mr. Steers replied yes. There being no further discussion on this item, the motion to adopt on second reading passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Braynon: Yes Councilman Campbell: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes ORDINANCE NO. 2008-09-145 I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE FISCAL YEAR 2007/2008 BUDGET TO RECLASSIFY THE "STORMWATER SPECIAL REVENUE" TO AN ENTERPRISE FUND FOR ACCOUNTING PURPOSES;AUTHORIZING THE CITY MANAGER TO TRANSFER ALL OF THE AMOUNTS ORIGINALLY BUDGETED IN THE"STORMWATER SPECIAL REVENUE"FUND TO A NEW "STORMWATER ENTERPRISE" FUND, IN ACCORDANCE WITH EXHIBIT "A" ATTACHED HERETO; Regular City Council Minutes 12 February 27,2008 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) (February 13,2008) Dr.Danny O Crew,City Manager,stated that this is an accounting change.This not a change to the adopted budget other then it moves it in classification. Mayor Gibson opened the public hearing portion of this item. There being no public comment,Mayor Gibson closed the public hearing portion. Motion to move the item was made by Vice Mayor Watson and seconded by Councilman Bratton. There being no further discussion on this item, the motion to adopt on second reading passed and carried by a 7-0 vote. Councilman Campbell: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Councilman Braynon: Yes Mayor Gibson: Yes (.n CONSENT AGENDA/RESOLUTION(S) RESOLUTION NO. 2008-25-712 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REQUESTING THAT THE U.S. HOUSING AND URBAN DEVELOPMENT DEPARTMENT("HUD") DISCONTINUE ITS EXISTING CONTRACT WITH THE OWNERS OF THE CAROL CITY GARDENS APARTMENTS AND THE 183RD/187TH STREET APARTMENTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN CAMPBELL) RESOLUTION NO. 2008-26-713 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO Regular City Council Minutes 13 February 27,2008 TERMINATE THAT CERTAIN AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND ACCION, USA AND TO REALLOCATE THE SUM OF $36,800.00 TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT IN ORDER TO FUND THE EXISTING BUSINESS INCENTIVE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-27-714 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURSUE MEASURES TO BECOME A "GREEN LOCAL GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2008-28-715 J4) 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 SYNERGY SOLUTIONS FOR FLORIDA, LLC, FOR GRANT WRITING SERVICES, 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. 2008-29-716 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO ELECTRICAL CONTRACTING SERVICES,INC.,IN THE AMOUNT OF$54,000.00 FOR THE WIRING OF AN EMERGENCY STANDBY GENERATOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-30-717 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI Regular City Council Minutes 14 February 27,2008 GARDENS, FLORIDA, ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE MIAMI GARDENS TRANSIT CIRCULATOR FEASIBILITY STUDY, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-31-718 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,AWARDING A BID TO SANCHEZ- ZEINALI & ASSOCIATES, TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OF NORTHWEST 7TH AVENUE ENHANCEMENTS IN AN AMOUNT NOT TO EXCEED $351,000.00; APPROVING AN AWARD OF BID; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-32-719 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO BLISS PRODUCTS AND SERVICES,INC.,IN THE AMOUNT OF$172,866 and$177,792, FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AND SURFACING AT ROLLING OAKS PARK AND BUNCHE PARK & POOL, RESPECTIVELY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-33-720 J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,ESTABLISHING FEES FOR NON-CONSENT TOWING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-34-721 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO ARAZOZA BROTHERS CORPORATION, TO PROVIDE ENGINEERING SERVICES FOR CONSTRUCTION OF THE GOLDEN GLADES BEAUTIFICATION PROJECT PHASE II,IN AN AMOUNT NOT TO EXCEED $576,000.00; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS Regular City Council Minutes 15 February 27,2008 PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to approve the Consent Agenda. This motion passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. After the Consent Agenda was approved Mayor Gibson referenced the bid process and opined that the top three bidders make a presentation before the City Council, especially when the costs are within a certain percentage of each other. She further opined that the awarding of bids should not be placed on the Consent Agenda. Attorney Dickens for clarification purposed asked whether Mayor Gibson was referring to when there has to be three ranking or all bids. Manager Crew said staff can ask them to come, but if they are not the top ranked firm they may not come. Or we can allow the Council to rank the bids and the vendors to present to the Council. Councilman Braynon stated if the word gets out to the business community they will come. Maybe we can have them provide the Council an Executive Summary. Manager Crew said if the Council is going to rank the firms it is only fair that the Council is provided with their entire proposal. Additionally this may cause the Council to be lobbied. Councilman Campbell shared on some instances we should allow staff to make the recommendation because of staffs expertise on certain bids. Vice Mayor Watson agreed with Councilman Campbell. Councilman Bratton agreed with Councilman Campbell. Councilwoman Pritchett stated the one thing that presents the challenge is how we would get the firm present if the item is on the Consent Agenda. Mayor Gibson stated awarding of bid items will not be on the Consent Agenda. Councilwoman Pritchett concurred with Mayor Gibson's recommendation this would provide an avenue just in case the Council has any questions or comments. Councilman Braynon stated he would like to have the firms present if there are any questions. Vice Mayor Watson commented maybe if the firms where within a certain point or percentage from each other, then at that point we can require them to appear before the Council. Regular City Council Minutes 16 February 27,2008 Mayor Gibson stated she has complete confidence in staff. She is suggesting that the Manager and the selection committee continue to make their recommendation and just have the top three come and provide an Executive Summary. This will enable the Council to ask any question any Council member may have. She believes by changing this process the Council decision will not be based on how a Council member was lobbied. Attorney Dickens stated the Cone of Silence prevents a Council member from being lobbied on a bid ahead of time. Manager Crew explained the Cone of Silence currently is in effect until the Friday prior to the Council Meeting. Attorney Dickens stated an amendment to the ordinance is needed to extend the Cone of Silence time frame. Manager Crew shared some of staff's recommendations and evaluations are based on experience and expertise. Councilman Bratton asked when will the Council receive the Executive Summary. Manager Crew said that information will be a part of the back-up documentation. Mayor Gibson opined this process will bring accountability to the Council. (,n RESOLUTION(S) RESOLUTION NO. 2008-35-722 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,REJECTING ALL BIDS RECEIVED IN RESPONSE TO RFP #07-08-004 FOR TOW SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Manager Crew explained the City had previously put out an RFP for towing service.The way the bid was structure the City would have a primary and a secondary firm. If the primary firm could not make it to the tow,the secondary firm would be called. The City also let the towing companies set their price. The issue was how to set up the rotation schedule,as the Council requested,with two different prices. Staff recommends that we reject the original bids and re-establish the RFP to a rotating schedule for the top two bidders. Every body will have to follow the fees as put forward by the adopted Ordinance passed earlier tonight. Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to approve this item. There being no discussion on this item, the motion to adopt passed and carried by a 7-0 voice Regular City Council Minutes 17 Fi hruarp 27,2008 vote. Vice Mayor Watson asked what is the procedure for receiving bids? Manager Crew stated that traditionally the bids are advertised to be received in the City Clerk's Office on by 2:00pm. Once the bids have been received, then they are advertises of the public time of the opening of the bids. Vice Mayor Watson stated that she observed that a bid was not received by the City Clerk. Manager Crew stated the reason behind this is because there have been instances when it was time to open the bids the City Clerk or personnel from the Clerk's Office was unavailable to open retrieve the bids in the office. We may look into changing the procedure where the bids are to be accepted by the Purchasing Department. Vice Mayor Watson stated she did not see any check or balance when the Procurement Director receives it. She opined bids should be received, retained by the City Clerk and delivered to the Procurement Director at the time of the bid opening. Councilwoman Pritchett said legally the City Clerk is the Custodian of Records and we must remember that. Clerk Taylor in response to the comments being made stated the Clerk's Office is fully staffed and equipped to receive bids. A staff person is available at all times therefore someone would be available to receive the bids. Mayor Gibson asked if the City Clerk is not available what happens to the bid when it is delivered? Clerk Taylor replied there is staff member available to accept the bid. However the problem is bid are being received by the receptionist. Mayor Gibson stated the receptionist needs to be fully trained on how to accept bids. Pam Thompson, Procurement Director appeared before the City Council to further expound on this matter. She stated every advertised bid that exits this door has specific instructions for the bidder to clearly mark that the mail envelope. Councilman Braynon shared it has been his experience that every other city does it the same way. Vice Mayor Watson stated her concern is the bids went directly to the procurement department. Pam Thompson stated this is the first City that she has work for where the bid was received Regular City Council Minutes 18 February 27,2008 by the City Clerk. Vice Mayor Watson stated there needs to be a process set up to govern how the City is to receive bids as well as putting in place some kind of check and balance; to be sure there is accountability for the City. Vice Mayor Watson instructed the City Manager to follow the procedure that is in place. (L) REPORTS OF CITY MANAGER AND CITY ATTORNEY. Attorney Dickens congratulated Councilman Braynon on his recent win to the State House of Representative District 103. L-2) City Manager's Report Manager Crew announced that Friday is the Employee's Heritage Day Luncheon, which will consist of specialties from across the world. An invitation was extended to the City Council members. (NI) REPORTS OF MAYOR AND COUNCIL MEMBERS. Councilman William congratulated Councilman Braynon. He further introduced the new chairman of the Parks and Recreation Committee Leo Scarpatti. Mayor Gibson read the advertisement to fill the upcoming vacant/un-expired term seat of Councilman Oscar Braynon. Councilman Braynon thanked the City Council for the opportunity to serve on the Council;he encouraged the Council to continue supporting the young men and women who are involved in the City. (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 the meeting adjourned at 10:30 p.m. Attest: Shi y asod, Mayor �tJ onetta Taylor, C,Ke, City Clerk Regular City Council Minutes 19 February 27,2008