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05.09.2012 CITY COUNCIL MINUTES - MAY 9, 2012 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MAY 9, 2012 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, May 9, 2012, beginning at 7:10 p.m., in the City Council Chambers, 1515 NW 1676' Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson. Vice Mayor Oliver G. Gilbert III, and Council members Aaron Campbell Jr., Lisa C. Davis, Felicia Robinson, and David Williams Jr. Councilman Andre Williams was not present due to illness. Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr., to excuse Councilman Andre Williams' absence. Also in attendance were: City Manager Dr. Danny O. Crew, Assistant City Attorney Monica Barnes, who was sitting in for City Attorney Sonja K. Dickens, and City Clerk Ronetta Taylor. (B) INVOCATION Delivered by Councilman David Williams Jr. (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES Regular City Council Meeting—April 25,2012 Motion offered by Vice Mayor Gilbert, seconded by Councilman David Williams Jr., to approve the minutes, with necessary corrections, if any. This motion passed and carried by a unanimous voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Add on item as Item K-6 "A RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE MIAMI DADE COUNTY SCHOOL BOARD TO IMPLEMENT A SCIENCE AND READNG THEME IN EVERY ELEMENTARY SCHOOL IN MIAMI GARDENS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATION; PROVIDING AN EFFECTIVE DATE. Mayor Gibson pulled Item K-03 from the Consent Agenda. Regular City Council Minutes May 9, 2012 Page 1 CITY COUNCIL MINUTES - MAY 9, 2012 Motion offered by Vice Mayor Gilbert, seconded by Councilman David Williams Jr., to approve the official agenda with the necessary additions/deletions. This motion passed and carried by a unanimous voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Proclamation—National Public Works Week-May 2012 Mayor Gibson presented a proclamation to the Public Works Staff proclaiming the week of May 20-26,2012, as National Public Works Week. F-2) Councilwoman Lisa C. Davis—Mother's Day Recognitions. Councilwoman Davis along with Councilman Campbell presented plaques, flowers and a gift card to the Winner Ms. Dorothy Blout,the second and third runner ups, as well as two honorable mentions. (G) PUBLIC COMMENTS Robert Krawitz, 18025 NW 5d' Court, Miami Gardens, Florida, appeared before the City Council to solicit the Council representing "Move to Amend" by adopting a resolution to call for an amendment to the Constitution to Abolish Corporate Personhood and the doctrine of Money as Speech. Mayor Gibson asked Mr. Krawitz to pass this information to the City Clerk. Issac Lamer, 3801 NW 187h Street, Miami Gardens, Florida, appeared before the City Council to inquire about apprenticeship or worksite training programs for residents wanting to work for the city. Vice Mayor Gilbert informed Mr. Larrier this is something that he is working on, and will be contingent upon being adopted by the Council. Patricia Lightfoot, 2750 NW 172nd Terrace, Miami Gardens, Florida, appeared before the City Council in support of Item K-3. She said this is something that is necessary, and the money would be well spent. She opined this would be a great disservice to the city if this item is not passed. (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) None (I) CONSENT AGENDA: Regular City Council Minutes May 9, 2012 Page 2 CITY COUNCIL MINUTES - MAY 9, 2012 RESOLUTION NO. 2012-69-1664 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THOSE CERTAIN AGREEMENTS FOR THE CONVEYANCE OF EASEMENTS TO THE CITY OF MIAMI GARDENS FOR THE PURPOSE OF INSTALLING NEW BUS SHELTERS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2012-70-1665 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILWOMAN FELICIA ROBINSON'S RE-APPOINTMENT OF, MARGARET HALL, TO THE CITY OF MIAMI GARDENS COMMISSION FOR WOMEN FOR A TERM OF TWO (2) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN FELICIA ROBINSON) RESOLUTION NO. 2012-71-1666 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ALLOCATION OF CITT FUNDING RECEIVED IN ACCORDANCE WITH THE SETTLEMENT AGREEMENT WITH MIAMI-DADE COUNTY IN REFERENCED TO THE CITY'S TRANSPORTATION SURTAX FUNDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2012-72-1667 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER TO CREATE A BUS SHUTTLE SERVICE FOR SENIORS RESIDING IN MIAMI GARDENS USING TRANSPORTATION SURTAX FUNDS RECEIVED FROM MIAMI-DADE COUNTY AND REFORT HIS FINDINGS TO THE CITV COUNCIL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR OLIVER G. GILBERT III) Regular City Council Minutes May 9, 2012 Page 3 CITY COUNCIL MINUTES - MAY 9, 2012 RESOLUTION NO. 2012-68-1663 K-6) A RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE MIAMI DADE COUNTY SCHOOL BOARD TO IMPLEMENT A SCIENCE AND READNG THEME IN EVERY ELEMENTARY SCHOOL IN MIAMI GARDENS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATION; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) Motion offered by Vice Mayor Gilbert, seconded by Councilman David Williams Jr., to adopt the Consent Agenda. This motion passed and carried by a unanimous voice vote. (L) RESOLUTION(S): None RESOLUTION NO. 2012-73-1668 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH SHOTSPOTTER, INC., FOR THE PURCHASE OF GUNSHOT DETECTION AND LOCATION SERVICE SENSORS, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY THOUSAND DOLLARS ($270,000.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Gilbert, seconded by Councilman David Williams Jr., to adopt this item. Mayor Gibson explained she had pulled this item for clarification purposes. She shared that she had a concern with who would actually review this, and received clarification that the reviewer would be a city of Miami Gardens employee. The other concern was whether the reviewer would be needed full time. Staff explained that a full time reviewer was not needed. She said she was concern about the data because the contract states that the company will have the right to distribute the data to third parties because they will be the sole owner of that data. Deputy Chief Paul Miller appeared before the Council to expound on this item. He said the data concern was discussed earlier today. Language has been added to address that concern by the addition that the city will have the right to review any data that is released. Regular City Council Minutes May 9, 2012 Page 4 CITY COUNCIL MINUTES - MAY 9, 2012 Mayor Gibson said that a part of the contract indicated that if the city wanted exclusive rights to the data it would have to pay for that. She asked if that provision has now been changed. Phil Daily, SE Director for Shotspotter, 408 Ramolly Drive, Rockshore, North Carolina appeared before the Council and shared with regard to the data, Shotspotter will provide reasonable notice of any data to be release of specific forensic or law enforcement sensitive information that may pertain to any active investigation for prosecution. At no time either exclusive or non-exclusive data, will Spotspotter release, sell, license or otherwise distribute the gun fire log data to the press without the prior expressed consent of the law enforcement agency. Ms. Daily stated he was here to work hand in hand with the police department. His company is very sensitive to the community's needs. Councilman David Williams Jr., indicated he did not have the information Mr. Daily read from. Deputy Chief Miller said Mr. Daily was reading from an email his company had sent earlier in the day to address the concerns raised by staff. Renee Crichton, Deputy City Manager appeared before the Council and stated that the proposed language will be inserted into the contract under the section"Right of Data". Vice Mayor Gilbert asked if Shotspotter is a California base company, and all the information/data collected belongs to the company why would it be subject to Chapter 119. Deputy Chief Miller in response to Vice Mayor Gilbert's inquiry said in discussions with the City Attorney because the data would be utilized in the assistance of investigations, it becomes public record. Mayor Gibson asked Deputy Chief Miller to explain how the system works. Deputy Chief Miller in response to Mayor Gibson shared gun shots are detected by the sensors. The analysis decides that it is fact a gunshot and will dispatch police to a particular location within seven yards of the actual place where the gunshot was fired. Once that information is disseminated to the police department, it becomes part of the department's public records. Mayor Gibson clarified this is a one year contract. After that one year the city has the right to renew or not. Every year there will be a renewal fee. She expressed concern with the safety of the residents and say it is important to have information of what is going on in the community. Councilman David Williams Jr., asked whether the Council would be receiving a monthly report on the status and results of this program. Regular City Council Minutes May 9, 2012 Page 5 CITY COUNCIL MINUTES - MAY 9, 2012 Deputy Chief Miller said the police department will keep track of the data and statistical measures will be put in place. He indicated this is a pilot project. Vice Mayor Gilbert asked when people find out the police department can track the gunshots,they start doing things to muzzle the gunshots. Deputy Chief Miller in response to Vice Mayor Gilbert's comment said he was not sure about muzzling the gunshots. Mr. Daily said what has been found in those cities that have implemented the Shotspotter system is that there has been a significant reduction in homicides, shootings and random gunshots. The system is designed to save lives. Mayor Gibson asked whether the IT Department would have to install additional technology for this system to work. Deputy Chief Miller said this is a flex system, which owned, operated and maintained by Shotspotter. Please note that Vice Mayor Gilbert's motion to adopt this item was amended to include the revised language. There being no further discussion on the item, the motion to adopt passed and carried by a unanimous voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Manager Crew said correspondence was received from the School Board indicating that they will no longer pay Stormwater Fees. Assistant City Attorney Barnes said the City Attorney's Office is researching that issue. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Gibson thanked Councilwoman Davis for the Mother's Day presentation honoring mothers. Mayor Gibson further announced the Mayor's State of the City Address will take place, Tuesday, May 22, 2012, beginning at 6:30 p.m., at Florida Memorial University, Lou Rawls Theater of the Performing Arts. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (P) ADJOURNMENT Regular City Council Minutes May 9, 2012 Page 6 CITY COUNCIL MINUTES - MAY 9, 2012 There being no further business to come before this Body, and upon a motion being duly made, the meeting adjourned at 8:25 p.m. ' Attest: f4lz�� J'ev' Shirl Gib4dh, Nfayor Ro etta Taylor, MMC, Cjy Clerk Regular City Council Minutes May 9, 2012 Page 7