Loading...
03.23.2011 CITY COUNCIL MINUTES - MARCH 23, 2011 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MARCH 23, 2011 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami, Florida, met in regular session on Wednesday, March 23, 2011, beginning at 7:03 p.m., in the City Council Chambers, 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Vice Mayor Aaron Campbell Jr., and Council members, Lisa C. Davis, Andre Williams, Felicia Robinson, David Williams Jr., and Oliver G. Gilbert III. Mayor Shirley Gibson was not present. Motion offered by Councilman Gilbert, seconded by Councilman Williams excuse Mayor Gibson's absence. This motion passed and carried by a 6-0 voice vote. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Delivered by Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Recited in unison (D) APPROVAL OF MINUTES Regular City Council Minutes—March 9,2011 Motion offered by Councilman Gilbert, seconded by Councilwoman Davis 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 to be pulled from Consent Agenda at this time) Attorney Dickens announced she was removing Item B, from her report. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to approve the official Agenda as presented. This motion passed and carried by a 6-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman David Williams Jr. —Our Children Councilman David Williams Jr., appeared before the City Council to present a Certificate of Special Recognition to Denise McArthur, in recognition of winning top honors in the Individual Spoken Words Category during the Young Talent, Big Dreams Contest hosted by the Actors' Playhouse and The Children's Trust. Regular City Council Minutes March 23, 2011 Page 1 CITY COUNCIL MINUTES - MARCH 23, 2011 Chief Boyd conveyed understanding of Councilman Gilbert's concern and this is why it will be clearing stated, arrested and not convicted. He further shared that he has presented this initiative at several of the community meetings. The residents attending those meetings have been very receptive. He said this is providing an opportunity for the residents to know who are committing these crimes. Councilman Gilbert opined the fact that someone has been arrested does not mean they are guilty of the crime. He expressed concern that even though there will be language clearly stating"arrested"and not"convicted", these individuals will be perceived as guilty. Councilwoman Davis for clarification purposes asked that anyone that has been arrested will be photographed and that individual's picture would be published, even though they were not convicted. Chief Boyd said this is correct. Those individuals where the police have determined there is probable cause to arrest, handcuff and take down to Miami-Dade County jail for processing,picture will be published. Councilman David Williams Jr., asked about the probable cause conviction rate. Chief Boyd in response to Councilman David Williams Jr., question stated the Police Department did not keep up with the conviction rate. The Miami Gardens Police Department Detectives takes their probable cause arrest to the highest standards possible. Councilman David Williams Jr., for clarification purposes stated this is mainly to make citizens aware that criminal element might be in their neighborhood. Chief Boyd said that is correct. He said this is an effort to reduce criminal activity in our neighborhoods. The residents will become more watchful of those individuals traveling through their neighborhood. He said he wanted to become innovative in address this issue, and this is his opportunity to do that. He shared it is his focus to make the City of Miami Gardens one of the safest cities in the nation. Councilman Andre Williams applauded Chief Boyd and the Miami Gardens Police Department for their effort. He further shared that the Sun Sentinel also publishes arrest pictures on their website. The Editor of the South Florida Times appeared before the City Council to explain where these pictures will appear in the paper. He said it will also be made very clear that these individuals have been arrested but not convicted. Vice Mayor Campbell conveyed his support of Chief Boyd's efforts. He said we are at the point where we need to look at different ways in which to address these issues. He said this is something we are going to have to do to further reduce crime. He said the City's crime rate has gone from 13 in the nation to 40 in the nation. Regular City Council Minutes March 23, 2011 Page 3 CITY COUNCIL MINUTES - MARCH 23, 2011 EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained the relevant issues involved with this amendment, which is streamline the process, already established in an existing ordinance. Motion offered by Councilman Williams, seconded by Councilwoman Davis to adopt this item on first reading. There being no discussion on this item, the motion to adopt on first reading passed and carried by a 6-0 vote. Councilwoman Lisa Davis: Yes Councilwoman Felicia Robinson: Yes Councilman Andrd Williams: Yes Councilman David Williams Jr.: Yes Councilman Oliver G. Gilbert III: Yes Mayor Shirley Gibson: Not present Vice Mayor Aaron Campbell Jr.: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2011-03-245 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO CREATE ARTICLE X RELATING TO ALCOHOL SALE AND CONSUMPTION; REGULATING HOURS AND DAYS OF SALE AND CONSUMPTION; PROVIDING FOR VIOLATIONS AND COMPLIANCE; AMENDING SECTION 34-146 OF THE CITY'S LAND DEVELOPMENT REGULATIONS; PROVIDING FOR THE 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) (1st Reading—March 9,2011) Vice Mayor Campbell opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item,the public hearing closed Motion offered by Councilman Williams, seconded by Councilwoman Davis to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 5-1 vote. Regular City Council Minutes March 23, 2011 Page 5 CITY COUNCIL MINUTES - MARCH 23, 2011 Councilwoman Felicia Robinson: Yes Councilman Andrd Williams: Yes Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Mayor Shirley Gibson: Not present Councilman Oliver G. Gilbert III: Yes Vice Mayor Aaron Campbell Jr.: Yes (J) RESOLUTION(S)MUBLIC HEARING(S) RESOLUTION NO. 2011-44-1437 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN SUB-RECIPIENT AGREEMENT WITH YVE & ASSOCIATES IN AN AMOUNT NOT TO EXCEED SEVEN THOUSAND FIVE HUNDRED FIFTY DOLLARS ($7,550.00) TO PROVIDE TRAINING TO ELIGIBLE SMALL BUSINESS OWNERS, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Vice Mayor Campbell opened the floor for this public hearing. Patricia Wright, 1221 NW 179 ' Street, Miami Gardens, Florida, appeared before the City Council to ask whether someone will continue to guide the businesses that receive the training after the training has been concluded. She further asked who are the sub-recipients and how are they chosen. She further shared there are many organizations that conducts free workshops for business owners. She asked how is this particular matter will affect those free workshops. Daniel Rosemond, Assistant City Manager/Community Development Director appeared before the City Council and shared the item before Council is seeking to award$7550.00 to YVE and Associates for training limited to small business applicants. The City was approached by Yolanda English who is providing financial literacy services to private residents in her local church. This was an unsolicited proposal. A series of courses for small business owners to provide some literacy in business financing, and how to market their businesses more effectively, and how to access dollars beyond the scope of what the City can provide. There is no cost to the small business owners. After there were no other interested parties to speak on this item, the public hearing closed. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt this item. Regular City Council Minutes March 23, 2011 Page 7 CITY COUNCIL MINUTES - MARCH 23, 2011 6-0 vote. Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Mayor Shirley Gibson: Not present Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Vice Mayor Aaron Campbell Jr.: Yes (K) CONSENT AGENDA RESOLUTION NO. 2011-45-1438 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, THAT CERTAIN RENEWAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS WORK SQUAD #WS599 FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-EIGHT THOUSAND, FOUR DOLLARS ($58,004.00), 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. 2011-46-1439 K-2) 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 THE FLORIDA DEPARTMENT OF CORRECTIONS WORK SQUAD #WS670 FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-EIGHT THOUSAND, FOUR DOLLARS ($58,004.00), ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-47-1440 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN SECOND Regular City Council Minutes March 23, 2011 Page 9 CITY COUNCIL MINUTES - MARCH 23, 2011 Councilman David Williams Jr., said when he was nominated for the Council the question was asked about having him talk a little about himself. - He shared that he wanted everyone to know about his community involvement therefore he was providing each Council member with a copy of his bio. Councilman Gilbert said he was well aware of Councilman David Williams Jr,'s community involvement. Councilman Andre Williams said when he had asked the question it was not for his benefit but for that of the residents. He shared that he too knows of Councilman David Williams Jr.'s outstanding community involvement. However, for those residents who do not know him, this would have been a great opportunity to share his community involvement with them. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made and seconded the meeting adjourned at 8:23 p.m. Signed Shirley Gibson Shirley Gibson, Mayor Attest: Sgwe of Florida County of Miami-Dade Signed Ronetta Taylor CERTIFICATION Ronetta Taylor, MMC, City Clerk 1, the undersigned, duly appointed City Clerk of the City of Miami Gardens, Florida, hereby certify that the att$ched is a true and correct copy of fill as shown in the records of the city on file in the office of the city clerk, Witness,my hand and the corporals soaof the Miami Gardens,Florida,this.. /.1/._)f►of Q. City of Miami Gwdahs„tF�rid v Regular City Council Minutes March 23, 2011 Page 11 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ,S �IQRST NAME—MIQQLE NAME NAME OF BOARD,CQUNCII gCOMMISSION,AUTHORITY,OR COMMITTEE (\Jg1k11Q f✓l�h1,i /l5���/�� CL'Ick MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY R COMMITTEE ON �k WHICH I SERVE IS A UNIT OF: CITY l Y ( COUNTY ❑ []OTHER OTHER LOCAL AGENCY lZl t � « '\1, (� NAME OF POLITICAL%!DIVISIQN. DATE ON WHICH VOTE OCCURRED MY POSITION IS: ECTIVE APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 4 person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative, or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. R t • t f 4 Y 1 t • f • t • f k APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 20 (a)A measure came or will come before my agency which(check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, v inured to the special gain or loss of W 2 k55 SVd1-\ �..� ,� �� by whom I am retained;-ems ��� 4s inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. ;b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Fed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 813-EFF. 1/2000 PAGE 2