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July 23, 2008 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES July 23, 2008 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, July 23, 2008, beginning at 7:16 p.m., in the City Council Chambers, 1515 NW 167h 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 and Oliver G. Gilbert III. Councilwoman Sharon Pritchett was not present due to a job related emergency. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation given by Councilman Gilbert (C) PLEDGE OF ALLEGIANCE Recited in unison (D) APPROVAL OF MINUTES Regular City Council Meeting - July 9, 2008 Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 6-0 voice vote. (E) ORDER OF BUSINESS (Items shall be pulled from the Consent Agenda at this time): The following item was added to the official agenda by Councilman Gilbert, as Item H-3: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AMENDING SECTION 23 OF ORDINANCE NO. 2005-10-48 ("THE CONE OF SILENCE ORDINANCE"); TO DELETE THE PROHIBITION ON COMMUNICATIONS BETWEEN THE CITY MANAGER AND HIS STAFF, AND THE MAYOR AND CITY COUNCIL AND THEIR STAFF ON PENDING SOLICITATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK: PROVIDING FOR ADOPTION OF REPRESENTATIONS;REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE." 1 Mayor Gibson removed Item H-2) from the official agenda. Motion offered by Mayor Gibson, seconded by Councilman Gilbert to pull Item J-1 from the Consent Agenda. Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve the official agenda with the necessary changes and amendments. This motion passed and carried by a 6- 0 voice vote. Councilman Gilbert recognized Mario Garcia, a candidate for Judge. (IF) SPECIAL PRESENTATIONS (5 minutes each) F-2) Education Compact - Assistant City Manager Farmer Renee Farmer, Assistant City Manager provided background information on the Education Compact kick-off meeting. Each Committee group identified at this initial kick-off meeting was assigned goals and object. Each group established a meeting date and time. A rap up session will be conducted with all participants. A tentative date for a joint workshop with the City Council and the School Board is set for September 15, 2008. Councilman Williams asked what is the next step after the joint workshop, and who is responsible for implementing the initiatives. Assistant City Manager Farmer shared after the joint workshop and both entities adopt the "Plan," three to five items will be selected to be accomplished within this school year. At the end of the school year,a meeting will take place to measure what was accomplished. Another joint session will be scheduled to reevaluate last year's progress and explore those initiatives to be accomplished for the next year. Mayor Gibson stated the Miami Dade County School has downsized its regional offices by combining two or more offices. She shared she had met with the Regional Two director yesterday. She reported the Region has committed to looking at the feeder pattern in Region Two. The Director has visited all the schools in the Region Two Feeder Pattern to get some sense of the communities. F-3) Miami Gardens Kiwanis Club - Deputy Chief Miller Paul Miller appeared before the City Council as the in-coming President of the Miami Gardens Kiwanis Club. He recounted the history of the chartering of the Miami Gardens Kiwanis Club in 2007. He listed some of the projects the Kiwanis Club has been involved in since its inception. The Miami Gardens Kiwanis anticipates assisting with the chartering of Key Clubs at Carol City and American High School, as well as a Key Club at the Miami Job Corp. In addition, the Club is also looking at chartering Circle K Clubs at Florida Memorial University as well as St. Thomas University. The Miami Gardens Kiwanis submitted a grant in the about of$30,000 to partner with the City's Parks and Recreation Department in the refurbishing of Vista Verde Park. The Club has initiated a membership drive trying to attract the business community. 2 Deputy Miller said the Club is embarking upon a major fund raising event(Golf Tournament) on August 23, 2008, at the Orange Brook Country Club in Hollywood, Florida. The Club is still soliciting donations and sponsors for this event. Mayor Gibson stated that she has made a $250.00 pledge to this Golf Tournament and encouraged her colleagues to do the same. Councilman Williams shared that he is a chartered member of the Miami Gardens Kiwanis and urged his colleagues to join. F-1) Presentation - City Manager Dr. Crew Manager Crew, in celebration of the City's and Council's Fifth Year Anniversary,presented Mayor Gibson, Vice Mayor Watson, and Councilmen Campbell and Bratton with a Fifth Year Pen and Certificate of Special Recognition. Councilwoman Pritchett was not present for this presentation. (G) PUBLIC COM MNTS Sharon Frazier-Stephens, 145 NE 193' Street, Miami, Florida, appeared before the City Council to announce that Mt. Hermon AME Church would be hosting a "Meet the Candidates" event beginning at 6:00 p.m., on Thursday, July 24, 2008. She further asked if there was a law against playing dominos. She recounted an incident at the Golden Crust Bakery. She said Miami Gardens Police Officer visited this site and told the patrons who were playing dominos in the rear of this bakery that this activity was illegal. Mayor Gibson suggested that since Ms. Stephens complaint was with the police department, she should speak with Chief Boyd about her concerns. Chief Matthew Boyd appeared before the City Council in response to Ms. Stephens'concerns and stated there is a protocol for complaints. Councilman Williams asked whether information about how to file a complaint was posted in the lobby area of City Hall. Mayor Gibson further suggested putting a link on the City's webpage. She said she did not have a problem with posting information about how to file a complaint in the lobby area however, the receptionist should also know where to direct those individuals with a complaint. Councilman Bratton commented the word "complaint" has a lot of negative connotation associated with it. He suggested using another word. Councilman Campbell commented individuals coming forward making complaints on behalf of others or representing others have to understand that sometimes the police department is not acting on its own. He shared when the police department receives a complaint the department has an obligation to respond. He stated that he is reasonable certain that the officers' visit to this bakery 3 was initiated by a complaint. He suggested when individuals hear these types of complaints, they should at least try to hear the other side before initiating a formal complaint against police officers. Councilman Williams made reference to the Zero Tolerance Program and shared under this program a proprietor can ask individuals to leave their premises. Councilman Gilbert concurred with Councilman Bratton and expressed concern with the word "complaint" stating it will invite a lot of complaints. He said maybe some other verbiage could be used. Mayor Gibson opined the City Manager has heard Council's concerns and will come up with a better terminology that will neutralize the negativity. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING SECTION 3 OF ORDINANCE NO.2007-08-114 WHICH CREATED AN AFFORDABLE HOUSING ADVISORY COMMITTEE TO PROVIDE FOR THE ADDITION OF TWO MEMBERS;AMENDING SECTION 5 TO AMEND THE TERM OF THE COMMITTEE MEMBERS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Manager Crew explained the amendment to the Affordable Housing Advisory Committee is mandated by the Federal Housing Administration. Motion offered by Councilman Bratton, seconded by Vice Mayor Watson, and Councilman Gilbert to adopt this item on first reading. There being no discussion, this motion passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, PROVIDING FOR REGULATIONS PROHIBITING MEMBERS OF THE CITY COUNCIL FROM ACTING IN ADMINISTRATIVE CAPACITIES; PROHIBITING MEMBERS OF THE CITY COUNCIL FROM INTERFERING IN THE ADMINISTRATION OF ANY POLICIES ADOPTED BY THE CITY COUNCIL; PROHIBITING ANY MEMBER OF THE CITY COUNCIL FROM ACTING AS THE CITY MANAGER'S APPOINTED OR DE FACTO DESIGNEE OR DIRECTOR OVER ADMINISTRATIVE MATTERS;PROHIBITING THE USE OF CITY FUNDS, INCLUDING EXPENSE ACCOUNTS IN FURTHERANCE OF IMPROPERLY INTERFERING IN ADMINISTRATIVE MATTERS; PROVIDING FOR PENALTY; 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 GIBDON) *Please note the item referenced above was deleted from the Official Agenda by Mayor Gibson. H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 23 OF ORDINANCE NO. 2005-10-48 ("THE CONE OF SILENCE ORDINANCE"); TO DELETE THE PROHIBITION ON COMMUNICATIONS BETWEEN THE CITY MANAGER AND HIS STAFF, AND THE MAYOR AND CITY COUNCIL AND THEIR STAFF ON PENDING SOLICITATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK: PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) Councilman Gilbert explained the City's current Cone of Silence Ordinance is so restrictive that Council members cannot talk to the City Manager about information that is going to be on the agenda. This means the Council essentially comes to the meeting cold. He shared he researched this issue and this ordinance is consistent with what other cities do. Motion offered by Councilman Campbell, seconded by Councilman Bratton to approve this item on first reading. There being no discussion, this motion passed and carried by a 6-0 vote. 5 Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes Attorney Dickens expounded on this matter and stated the Cone of Silence still exist with respect to communication between the proposers/bidders and the City Manager's staff. This prohibition is lifted as it relates only to the City Manager and the City Council. (n ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S): ORDINANCE NO. 2008-29-165 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A "HANDBILL ORDINANCE;" PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY COUNCILMAN GILBERT) (0 Reading—July 9,2008) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to adopt this ordinance. There being no discussion, the motion to adopt passed and carried by a 6-0 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Councilman Campbell: Yes Mayor Gibson: Yes (.i) CONSENT AGENDA/RESOLUTION(S) 6 RESOLUTION NO.2008-144-831 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AUTHORIZING THE ACCEPTANCE OF $700,000.00 in 2005 DISASTER RECOVERY FUNDS FROM MIAMI-DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO TAKE WHATEVER STEPS ARE NECESSARY TO RECEIVE THE FUNDING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2008-145-832 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO MOVE FORWARD WITH EMINENT DOMAIN PROCEEDINGS REGARDING THE ROADS WITHIN THE GARDEN CIRCLE, KINGS GARDENS I, II AND III, AND VISTA VERDE/MIRAMAR GARDENS NEIGHBORHOODS IN ACCORDANCE WITH THAT CERTAIN LIVABLE NEIGHBORHOODS PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-146-833 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, NOMINATING DANNY O. CREW FOR CITY MANAGER OF THE YEAR WITH THE FLORIDA LEAGUE OF CITIES; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR WATSON) RESOLUTION NO. 2008-147-834 J-5) 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,MEMORANDUMS OF UNDERSTANDING WITH ALL PROVIDERS WHO WILL BE PROVIDING SERVICES PURSUANT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE CHILDREN'S TRUST, 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) 7 RESOLUTION NO.2008-148-835 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO LAWN LOGIC, LLC, FOR TRIMMING, PRUNING AND REMOVAL OF CITY TREES ON AN AS-NEEDED BASIS IN AN AMOUNT NOT TO EXCEED THE BUDGET AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2008-149-836 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO ORVILLE BECKFORD FORD-MERCURY,IN THE AMOUNT OF$55,613.00 FOR THE PURCHASE OF THREE 2008 FORD E-250 CARGO VANS, BY RELYING UPON THAT CERTAIN FLORIDA SHERIFF'S INVITATION TO BID NO. 07-15-0827; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-150-837 J-8) 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 UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT WITH FP&L FOR THE INSTALLATION OF FACILITIES AT MIAMI GARDENS COMMUNITY CENTER,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.2008-151-838 J-9) 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 THIRD ADDENDUM TO THE INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI GARDENS RELATING TO FUNDING FOR THE CAROL CITY COMMUNITY CENTER, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A;PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 8 ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to adopt the Consent Agenda. This motion passed and carried by a 6-0 voice vote. Councilman Williams made reference to the City Manager's nomination to for the City Manager of the Year Award and commended Manager Crew for doing an excellent job in balancing the City's budget, especially when other cities are having to lay off personnel and cut city services. (K) RESOLUTION(S) RESOLUTION NO.2008-152-839 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING AMENDED POLICIES AND PROCEDURES FOR THE BUSINESS INCENTIVE PROGRAM AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Manager Crew explained this program will assist local businesses with some of their hard costs. Daniel Rosemond, Community Development Director for the City of Miami Gardens appeared before the Council to further expound on this program. He stated the amended policies provided to the Council are essentially to address the issue previously had with many small businesses that are renting space as opposed to owning. This program assist those small businesses with the hard costs they would not otherwise be eligible for through conventional lending programs Mayor Gibson relinquished the gavel to Vice Mayor Watson. Mayor Gibson referenced Section V. "Eligible Properties", more the eligibility requirement that a property owner or lessee can apply. Further those properties with multiple businesses tenants must apply the compatible improvements across the entire property concurrently and as one project." She asked for clarification as to whether a tenant who receives one of these HUD loans must comply with that requirement. Mr. Rosemond said the intent of the language is to allow flexibility for either a property owner or individual tenant. Mayor Gibson said a more clarification needs to made to state eligible properties and/or eligible activities. 9 July 23, 2008 Mayor Gibson made reference to the "Committee" members responsible for rating the applications. Mr. Rosemond said the Committee members are comprised of staff members from Finance, Planning, and typically the building department. The Community Development Department has no representation on this "Committee". Mayor Gibson referenced Section XI "Loan Terms", more particular paragraph two "For Property owners" -The assistance will be provided as a loan and will be secured by a mortgage lien placed on the property. Personal guarantees will also be required from all principals. She questioned whether the lien placed on the property was sufficient to cover the loan. She asked what guidelines would require the additional personal guarantees in addition to placing a lien on the property. Mr. Rosemond said staff has attempted to provide a blanket approach so that if something needed to be exercised it would already be in the policy. Typically one would not need to go through a personal guarantee as long as there was enough equity on the property. There have been instances where there has been insufficient equity on the property. HUD requirement provides that assets need to be protected in some form or fashion. He said changing the language to read "personal guarantees may be required from the principal" should be sufficient to address Mayor Gibson's concern. Mayor Gibson referenced this same paragraph, more particular the language and asked for clarification "The loan principal and all accrued interest will be forgiven upon maturity as long as the ownership of the property has not changed. If so, the loan converts into a grant and is forgiven concurrently, and the mortgage is released at maturity". Mr. Rosemond explained if there has been no change in ownership and the end of the five years, the loan is forgiven and the debt goes away. If there is a change in ownership, the loan becomes a grant. Attorney Dickens asked that language "If so" be taken out of this sentence. Mayor Gibson made referenced to the paragraph relating to the loan terms where the language "agreed on by the committee" was deleted and asked why this language was taken out. Mr. Rosemond said the Committee role is to determine whether the applicant meets the criteria. He said this language would be clarified. Essentially the loan terms are determined at a staff level and approved by the City Manager. He clarified the loan terms are not determined by the Committee. Mayor Gibson referenced Section XII "Procurement", more particular paragraph three as it 10 July 23,2008 relates to competitive bidding and the language "The Department will require a minimum of three (3) responsible bids or quotations per service or goods being contracted or purchased. She asked for clarification as to whether this means any business that acquires a loan would have to get three bids or quotes for any goods or services they attempt to purchase. Mr. Rosemond clarified this basically follows the procurement process for construction and is in compliance with the HUD requirements. Councilman Williams asked what is the timetable for applications. Mr. Rosemond said it is revolving, and relative quick once the applicant gets the applicable paperwork submitted. Councilman Williams asked who will this newly revised program be advertised. Mr. Rosemond said all programs are announced on the City's website. Information is also provided to the Beacon Council, The Chamber, the Jaycees, and through Code Enforcement. Attorney Dickens advised that the changes recommended were to be treated as scriveners' changes. Please note Councilman Campbell left the meeting at 8:35 p.m. Motion offered by Mayor Gibson, seconded by Councilman Bratton to approve this item. There being no further discussion, the motion passed and carried by a 5-0 vote. Vice Mayor Watson returned the gavel to Mayor Gibson. RESOLUTION NO. 2008-153-840 (K-1) A RESOLUTION OF THE CITY OF MIAMI GARDENS,FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2008-2009 WITH THE ROLLED-BACK RATE;SETTING THE DATE,TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained the Legislature requires that a maximum millage rate has to be set for next year. In addition to setting the millage rate, the budget hearings must also be set. This resolution provides that the first budget hearing will take place Tuesday, September 9, 2008 at 6:00 p.m. The second budget hearing is set for Wednesday, September 24`' at 6:00 p.m. 11 July 23,2008 Motion offered by Councilman Williams, seconded by Councilman Gilbert to approve this item. A budget workshop for review the 2008-2009 Fiscal Year Budget was set for Tuesday, September 2, 2008 beginning at 2:00 p.m. There being no further discussion on this item, the motion to approve this item passed and carried by a 5-0 vote. K-2a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,REJECTING ALL BID RECEIVED IN RESPONSE TO THE REQUEST FOR PROPOSALS FOR DEBRIS REMOVAL SERVICES; AUTHORIZING A WAIVER OF COMPETITIVE BIDDING REQUIREMENTS;AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ADDENDUM TO THE CURRENT CONTRACTS FOR EMERGENCY DEBRIS REMOVAL & DISPOSAL SERVICES WITH CROWDER- GULF AND SUN RECYCLING, LLC., PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew recounted in 2006 the City put out an RFP for debris removal services. Since that time FEMA has made some changes to their pricing policy as well as other requirements which needed to be included in any new contract. Therefore, the City decided to rebid this service. New bids were received, evaluated and ranked. Immediately thereafter the City received a protest to the bid. Since that time the City received a response to the protest, a response to the response to the protest. When staff reviewed some of the items mentioned in the protest staff found there were items left out of the applications from the two bidders ranked number one and two. After meeting with the City Attorney and others staff s recommendation is reject all of the bids and authorize the City Manager with the current companies. He explained the contracts the City has with the current companies are still valid. All the City will need to do is to go back and negotiate and put in those items that have changed. Manager Crew said the companies that submitted bids for the new RFP are present to make a presentation before the City Council, it the Council so desires. This decision is completely up to the City Council. Manager Crew reported on a meeting staff had with Miami-Dade County and the concerns expressed at that meeting about the incidents that happened with the Emergency Debris companies during the last disaster. Those companies got into disputes over who had jurisdiction on the debris, which resulted in the police department being called in. Currently the City pays Miami- 12 July 23,2008 Dade County for debris removal. What the City learned from the past two hurricanes is the Miami-Dade County did not respond to this area quickly enough. That is why the City contracted with Emergency Debris Removal companies to do the work. Miami-Dade County has stated it would prefer the City to take care of all the debris removal in this area, and not have county service at all. Or, the City could take care of the first pass or the first five days of debris removal and then turn it over to Miami-Dade County, which could take up to 30 days. This would allow the City to get its streets cleaned immediately, and then have Miami-Dade County complete the work, which in turn would not waste the money already being paid(taxes)to Miami-Dade County to do the work. Manager Crew said staff would like to work out an agreement with Miami-Dade County whereby the City would do the emergency debris removal for the first week and after that Miami- Dade County would take jurisdiction. That first week the City would use an emergency debris removal company, which would only be in the City for a week. Manager Crew said the first decision this Council has to decide is whether to take staff's recommendation, which is to stay with the current company and reject all bids, or to hear presentations from each company, which would be reflective in Item K-2b. Attorney Dickens clarified there is no presentation associated with Item K-2a. Manager Crew shared the first two ranked firms: Bamaco, Inc.,and JB Coxwell did not list any litigation they had pending or have had within the past five years. In the case of Coxwell this information was not listed in the applicable section. The third bidder, AshBritt, Inc., did mention all of the cases. However, the City was concerned because AshBritt listed two pages of lawsuits and litigation they have been involved in within the past five years. Mayor Gibson opened the floor for the three bidders. Each bidder was limited to a five minute presentation. Mr. Chip Patterson, Director of Coxwell Disaster Recovery, 6741 Lloyd Road West, Jacksonville, Florida, appeared before the City Council for clarification purposes. Coxwell has been in business for over 25 years. This company will provide the best value to the City through a company that is financially sound and technology enhanced to perform the overall operation. He said his firm has never been sued by a client nor has it ever sued a client for non-performance of lack of performance of a contract. This company's bonding rate is one billion dollars. This company also has a large inventory of equipment to handle its commitments. This company will work proactively with the City when seeking FEMA reimbursements. He reiterated this company is in for the long haul and encouraged the Council to consider this when deliberating this evening. Mr. Coxwell appeared before the City Council to further expound on his company, which has a reputation second to none. The company's worker's comp ration is .067, and has won the 13 July 23,2008 state's safety award three years in a row. Furthermore, there has never been a death associated with this company. Keith Welch, Construction Manager with Bamaco, Inc., appeared before the City Council to expound on this company. This is a solvent company, which has contracts with many municipalities in Miami-Dade County. He said he has taken a look at the questions in the bid packet and was trying to determine which ones his company violated. He said as far as his company is concerned there are no legal ramifications that are in need of addressing. He stated this company is an expert when it comes to getting money back from FEMA, and has done this for many years. He reiterated this is an established company and the bid was set forth in good faith. John Noble, one of the principals of AshBritt, with a business address of 480 South Andrews Avenue, Suite 103, Pompano Beach, Florida, appeared before the City Council to expound on his company's bid proposal. He related that his company had listed all of its lawsuits in the bid process because of the company's professionalism. He stated that when a company does business in this area there will be some lawsuits. Those lawsuits are primarily based on a contract in Mississippi. This company was just awarded contracts for Georgia, North Carolina and South Carolina and a backup for Louisiana and Mississippi. Obvious, the Army Core of Engineers understands through a bidding process that AshBritt is a viable, financially stable company that is excellent at what it does. Ron Book, 18851 NE 29'Avenue, Aventura, Florida, appeared before the City Council to further expound on AshBritt. He stated this item was put out for a bid because of the new FEMA rules and guidelines. He said FEMA recommends that an open bidding process be had, which leaves no room for option K-2a. AshBritt followed the rules. AshBritt is the largest company in America and did a billion dollars work after the clean-up after Hurricane Wilma. Not one client has ever sued AshBritt. Mr. Book stated rules are in place to be followed. AshBritt filed a bid protest to protect the bid process. The disclosure of lawsuits allows an entity to determine whether a company is viable or not. AshBritt selected to disclose all of its lawsuits because the rule requires it. Mr. Book commented how dare Mr. Coxwell defame his client's good name when Mr. Coxwell as a corporation took advantage of minority business opportunities in Jacksonville, Florida through a minority set-aside program. He reiterated FEMA required an open and competitive process. His firm submitted its proposal, responded to the questions, and every other category except price, this firm bested the competition. He said his firm would be willing to negotiate with the City Manager if his firm is chosen as the best and most responsive bidder that followed the rules. Motion offered by Councilman Bratton, seconded by Vice Mayor Watson for discussion. 14 July 23,2008 Councilman Williams said debris removal after a hurricane is a serious concern due to the safety and health issues involved. He conveyed agreement to obeying the rules and indicated that he wanted to have faith in the process. He said staff has recommended renewing the contract with the current vendor. In reviewing the ranking sheet Crowder, the City's current vendor has the lowest ranking of all the bidders. He opined the City should not be sacrificing quality because someone submitted the lowest bid. The evidence of ability and capacity to perform ranked AshBritt at 67, JB Coxwell at 68 and Bamaco at 60, which seems to provide little difference. However, the cost for services seems to make the difference, more specifically highlighting the firm that will provide a fair price as well as quality. Councilman Gilbert related his question to the Bamaco representative,more particularly as it related to lawsuits, any pending or completed involving corporation. He opined that is an important sentence. Mr. Welch said the first question was for any lawsuits or completed lawsuits. He explained his company answered another question provided in the bid document. Councilman Gilbert concurred with comments made by Councilman Williams with regard to not re-negotiating with the City's current provider. He opined the City did put out an RFP for this service. He said in reviewing AshBritt's Executive Summary he is impressed with the fact that this company is willing to partner with local businesses, which this City is striving to accomplish. He placed emphasis on the importance of bidders providing complete information on bid documentation at the time of submittal. Councilman Bratton conveyed agreement with Councilman Gilbert's statement about partnering with local businesses. Mr. Book reappeared before the City Council as representative for AshBritt. He said AshBritt will never be the low bidder. He explained if the City ended up with the low bid in a catastrophic storm that firm would not have the personnel available to do the clean-up. AshBritt has a 200 Million Dollar bonding capacity. Mayor Gibson for clarification purposes asked Manager Crew about the fee currently being charged in the Solid Waste Millage. Manager Crew explained each taxpayer pays Miami-Dade County the$410.00 annual fee. Mayor Gibson referenced Manager Crew's comments about negotiating with Miami-Dade County to have the City take care of the emergency debris removal for the first week and then having Miami-Dade County take care of the rest of the clean up since residents are already being charged and are paying for this service. She asked whether the Miami-Dade County solid waste 15 July 23,2008 millage cost factor was considered with this proposal. She further asked how would AshBritt's willingness to sit down to discuss the actual price of this contract factor into this. She opined that will minimize this contract tremendously. Manager Crew said the information relating to Miami-Dade County was a part of the RFP. Pam Thompson, Procurement Manager appeared before the City Council and stated that stipulation was one of the first paragraphs in the RFP. Mayor Gibson asked whether the contract would have to be renegotiated if the City decided to use the contractor for a longer period of time. Ms. Thompson said the price would be for whatever time the contract was extended. Councilman Gilbert asked why did it take a bid protest to find out that someone had not put the required disclosure information in their proposal. He commented this is the second such incident that has happened recently. Manager Crew explained in the first incident the City had no knowledge of the fact that pertinent information was not disclosed until a public records request was made. Councilman Gilbert questioned the process as it related to finding out whether the information submitted is accurate, and whether there is a process by which to address those inaccuracies earlier. He opined staff needs to be vigilant in stopping this kind of situation before it gets to the dais. Vice Mayor Watson said she would not be comfortable with making arrangements for Miami-Dade County to come in ten days later to complete the clean-up process. Manager Crew stated once Miami-Dade County came in to clean-up the process went well. However, he did not like the fact that City of Miami Gardens tax payers are paying for that service and not be able to fully utilize them. Vice Mayor Watson asked whether there would be an agreement between the City and Miami Dade County to clearly identify the timeframe in which they are expected to do the clean- up within. Manager Crew said the City is working on a timeframe with Miami-Dade County. Vice Mayor Watson expressed concern with the fact that the City currently has contracts with two companies (five-year contract)to provide debris service. She commented the reason an RFP was done is because of FEMA's new guidelines. She asked for the status of the contracts 16 July 23,2008 with the current contractors. Manager Crew said the current contractors did not respond to the bid. Councilman Gilbert stated that he was inclined to make a motion to approve Item K-2b with the insertion of AshBritt. Attorney Dickens stated as the City's attorney she did not appreciate the fact that there were allegations made in AshBritt's Bid Protest about the City's process. She informed Mr. Book that to the extent that Item K-2b gets approved, the allegations in the bid protest would have to be waived. Mr. Book reappeared before the City Council on behalf of AshBritt and stated that the bid protest would be withdrawn. OR RESOLUTION NO. 2008-154-841 K-2b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT,IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A", WITH ASHBRITT FOR THE PROVISION OF EMERGENCY DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to amend Item K- 2b to insert the name AshBritt. This motion passed and carried by a 5-0 voice vote. Motion offered by Councilman Bratton, seconded by Councilman Williams to approve item K-2b, as amended. This motion passed and carried by a 5-0 vote. Mayor Gibson asked Manager Crew how long before he concluded his negotiations with Miami-Dade County. Manager Crew in response to Mayor Gibson inquiry was not able to give a definite date. He said the two staging areas used were approved by DERM. Mayor Gibson expressed concern with the staging areas within the City, used to depose of the debris until transportation and disposal offsite. She opined the ability of the contractor to take 17 July 23,2008 the debris out of the City and not use a staging area within the City should have been a part of this bid packet. Mayor Gibson opined it is okay for DERM to approve staging sites. However it is up to the City to make a decision whether it would provide a staging site if the City advise the bidder providing the service that there is no staging of trash within the City. Mr. Book said he is not prepared to make that commitment. However, he is aware of another large piece of land within the City that would be more appropriate as a staging site. (L) REPORTS OF CITY MANAGER AND CITY ATTORNEY. L-1) City Manager Monthly Report Manager Crew announced the Code Enforcement Department would be holding a Business Empowerment Workshop on August 12' from 9:00 a.m. - 2:00 p.m. (L) REPORTS OF MAYOR AND COUNCIL MEMBERS. There were no reports. Mayor Gibson announced the Council would be in recess for the month of August. (M) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC. There was none. (0) ADJOURNMENT. There being no further discussion to come before this Body, and upon a motion being duly made the meeting adjourned at 9:50 p.m. Attest: AL- ey ibso ayor Ronata Taylor, CM ity Clerk 18