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03.10.2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MARCH 10, 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, March 10, 2010,beginning at 7:20 p.m. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Aaron Campbell Jr., and Council members Barbara Watson, Andre Williams, Melvin L. Bratton, and Sharon Pritchett. Councilman Oliver G. Gilbert arrived at 7:45 p.m. prior to his arrival a motion was entertained by Councilwoman Pritchett, seconded by Councilwoman Watson to excuse Councilman Gilbert's absence. That motion passed 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 Invocation delivered by Ms. Rosetta Role Hylton. (C) PLEDGE OF ALLEGIANCE Pledge of Allegiance was lead by the Girl Scouts of Tropical Florida,recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes—February-2410, 2010 Motion offered by Councilman Campbell, seconded by Councilwoman Watson 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) Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to remove Item J-4 from the Consent Agenda. This motion passed and carried by a 6-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Councilwoman Watson to remove Item J-5 from the Consent Agenda. This motion passed and carried by a 6-o voice vote. Motion offered by Councilwoman Watson, seconded by Councilman Bratton to approve the official agenda, with the necessary changes. This motion passed and carried by a 6-0 voice vote. Regular City Council Minutes March 10, 2010 Page 1 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman Bratton—Miss Miami Gardens 2010 Ms. Rosa Jense, Miss Miami Gardens 2009 introduced Ms. Janey Tate, First Runner- Up for Miss Miami Gardens 2010. She then presented Miss Abigail Williams who was crowned Miss Miami Gardens 2010 at the annual event held February 2010. Miss Williams, a Senior at Miami Northwestern High School, was afforded an opportunity for comments and shared that she is a proud resident of the City of Miami Gardens. F-2) Councilwoman Pritchett - Proclamation - Girl Scouts of America D"Week Councilwoman Sharon Pritchett presented a Proclamation to the Girl of South of Tropical Florida on the occasion of National Girl Scouts Week. F-3) Proclamation—March Proclaimed as Purchasing Month Mayor Gibson presented a Proclamation to the City's Purchasing Division in honor of Purchasing Month. F-4) Chief Boyd - Police Department Monthly Report Chief Boyd acknowledged Officer Juan Villar, a K9 Officer, as Officer of the Month for the Month of January. Zeus,the K-9 Dog was also brought in for the photo op. Councilman Williams inquired as to how the K-9 Dogs are named. Chief Boyd said the K-9 Dogs are named by the K-9 Officer. Councilman Williams inquired about the amount of training involved with K-9 officer and canine partner. Chief Boyd said 180 hours or training is required, with the Officers and canine partners having to be recertified. Councilman Williams asked how old should a canine be before training is initiated for the K-9 Unit. Chief Boyd said the canine should be at least one year old before training is initiated. Chief Boyd reported there was a significant decrease in vehicular burglaries, and aggravated battery during this reporting period. The arrests made in February were due in part to the aggressive enforcement during the Super Bowl event. Assault and Battery arrests increased due to a large number of domestic incidents during the month. On March 6, 2010 the Miami Dade Chief of Police Leo Award was held. The Miami Gardens Police Department winners in the mid-staff department category Sgts. Buddy Hunholz. and William Wagenmann won in the area of Specialized Services, and Detective Joseph Zellner won in the investigative services category. These individuals will be recognized at a Department Awards ceremony being held in April 2010. F-5) Dr. Danny O. Crew, City Manager—Census Activity Report Jay Marder, Development Services Director appeared before the City Council to provide Regular City Council Minutes March 10, 2010 Page 2 an update on the City of Miami Gardens Census Campaign. The City has developed a Stand Up and be Counted campaign with the Marone Agency. The Census Job Fair spearheaded by Councilman Williams was also successful, with over 100 applicants passing the job entrance test. The City is also partnering with various community and civic organizations, and local schools. In addition, staff has been meeting with the senior clubs, crime watch groups, homeowner and civic associations. Councilman Williams asked how can the businesses become involved with the census. Mr. Marder said staff has materials that it has distributed at the businesses. Councilman Williams asked what happens if the questionnaire is not received from all households. Mr. Marder in response to Councilman Williams' question said the next step is those households that did not respond will receive telephone calls or actual house visits. Councilman Williams made reference to the Census Office located in Miami Gardens and asked whether that is a regional office or more designed to assist Miami Gardens. Mr. Marder said the Census Office located in Miami Gardens represents the Northeast Miami-Dade County area. Councilman Bratton made reference to the Census Count depicted in 2000, which was quoted as being 99,400. He shared that while attending a conference in Washington D.C., several Council members noticed the erroneous information being provided. A Council member contacted staff and the error was immediately corrected to reflect a truer number of 107,000, which was reported in 2007 by the University of Florida. Manager Crew expounded on this incident and stated the Census had dropped the City's population below 100,000. This is a critical line in Federal Government. Jay Marder immediately made efforts to correct this error by utilizing the University of Florida's estimates, and arguing with the Census people to bring this count back up to where the City thought it should be. The Census brought the total number up to 105,000; the University of Florida's numbers has the City list at 111,000. The key is the population falls below 100,000; you are no longer an entitlement city, which means the City would have lost its CDBG moneys and most of its Stimulus Money. He stated this was an important battle, which the City won. Councilwoman Pritchett asked Mr. Marder whether the information being disseminated was in English, Spanish and Creole. Mr. Marder in response to Councilwoman Pritchett said the information being disseminated is in all three languages. (G) PUBLIC COMMENTS Regular City Council Minutes March 10, 2010 Page 3 Charles Collerman, a representative from Senator Frederica Wilson's office appeared before the City Council and stated that residents need to know that the information being collected by the Census is not being shared with anyone else. He stressed the importance of being counted because not only is money lost from FDOT and other entities; the veterans also lose money because of the undercount. He suggested that during the City's marketing initiative to be as candid has possible about how many people are in a household. Mr. Marder shared there is information on the City's website about the confidentiality involved with the Census information. Retha Boone Fye appeared before the City Council and stated the Miami Gardens Jazz Festival is an excellent time to involve the entire community. It is also one of the most successful events the City has. In the interest of participating with the City she introduced Mr. Didier J. Fabien, Chair of the Haitian American Relief Committee, and Ms. James, a Committee member. Priscilla James, Haitian American Relief Committee Member appeared before the City Council and shared that she has started an initiative of collecting stuffed animals for the displaced children in Haiti. However, many of those misplaced children are arriving in Miami on a daily basis. Therefore, most of the stuffed animals collected will be going to those children. She asked the City of Miami Gardens to support the Haitian American Relief Committee in this effort by inviting visitors and Miami Gardens residents to bring stuffed animals to the Jazz in the Gardens event. Ms. Boone Fye also asked for the City's support during this upcoming year with the Committee's efforts to provide tents to the Haitians during the rainy season. Didier J. Fabien, Chair of the Haitian American Emergency Relief Committee appeared before the City Council to expound on his visits to Haiti. Councilwoman Pritchett asked how would residents donate to this relief effort. Mr. Fabien said donations can be made to the Haitian American Emergency Relief Committee at www.haeec.com. Karen Gilbert, a representative of the Family Enrichment Center appeared before the City Council to expound on the organizations' role in the community, which provides social services for low to moderate income families. She announced on March 27, 2010 an event celebrating black marriages will take place in the City of Miami Gardens. There will be a walk starting at NW 183`d Street and 24h Avenue (North Dade Regional Library), ending at Miami Carol City Park where all the other festivities Nathan Wilcox, 2111 NW 135 ' Street, Miami, Florida, appeared before the City Council to further expound on this event. He opined the Black Marriage Walk is so important because of the condition of marriages today. This organization wants to celebrate the good things about marriage. He asked for the Council as well as the citizens' support of this event. Regular City Council Minutes March 10, 2010 Page 4 Mr. Harold Lawton, 1860 NW 170th Street, Miami Gardens, Florida, appeared before the City Council and stated the Miss Miami Gardens Pageant held a few weeks ago at Florida Memorial University was one of the greatest pageants held anywhere. He commended those involved with this event. He further stated the only problem he has is the fact that the pageant was not advertised enough. Councilman Bratton acknowledged Ula Zucker, Media and Events Coordinator for coordinating the Miss Miami Gardens Pageant event. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO ELECTIONS, CALLING THE 2010 GENERAL AND SPECIAL ELECTIONS FOR THE CITY COUNCIL SEATS 2, 4, 6 AND PROPOSED CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR RUNOFF ELECTION, IF NECESSARY; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT FORM; PROVIDING FOR NOTIFICATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY CLERK) Motion offered by Councilman Gilbert,seconded by Councilman Bratton to adopt this item on first reading. Councilman Bratton requested that the Sign Code be adhered to by candidates and enforced by the Code Enforcement Department during this General Election. Manager Crew said anything that goes on the right-of-ways or median gets picked up by Code Enforcement. Councilman Bratton shared after the last election he received telephone calls from residents about campaign signs still visible throughout the City. Councilwoman Pritchett asked the City Clerk to share with the listening audience the date of the election. Ronetta Taylor, City Clerk stated the date of the City's General Election is August 24, 2010. If there is a run-off that election will take place November 2, 2010. Regular City Council Minutes March 10, 2010 Page 5 There being no further discussion this motion passed and carried by a 7-0 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained when the purchasing ordinance was established no provision was included that would bar business that has employees with criminal records, or had defaulted on their contracts or violated certain sections of the County Code (technically, the City was still under the County's code for that.) This ordinance now brings that provision in house and makes it a part of the City's purchasing ordinance. Motion offered by Councilwoman Watson, seconded by Councilman Bratton to adopt this ordinance on first reading. Councilwoman Pritchett asked whether this ordinance differed from Miami-Dade County's and if so,how it differs. Attorney Dickens said this ordinance is substantially similar to Miami-Dade County's however, she would have Assistant City Attorney Monica Barnes come forth to further expound on the ordinance. One of the differences is that the City's ordinance provides for the Council to hear any appeals, whereas Miami-Dade County's ordinance provides for the City Manager as some form of committee to hear the appeals. Attorney Barnes explained this ordinance differs from Miami-Dade County's ordinance in that the County has a separate committee that handles appeals on debarment. There is a committee that decides whether or not a person or entity should be debarred. If the committee recommends debarment, there is an appeal process. Ultimately the matter would go the Circuit Court. In the City's ordinance the City Council sits in an appellant capacity. The City Manager recommends debarment, and if the individual or entity disagrees with the debarment, they would come to the next City Council meeting. At the Council meeting, the Council would consider the matter. If the Council upholds the City Manager's decision, that individual of Regular City Council Minutes March 10, 2010 Page 6 entity can appeal to the Circuit Court. Attorney Dickens said there is another provision that provides that even at the City Manager level, no one can be disbarred without the matter coming through the City Attorney's office. Councilwoman Pritchett asked the City Attorney to provide her with a comparative analysis so that she will know what the differences are. Mayor Gibson asked that all Council members be provided with this comparative analysis. Councilman Williams shared that he served on a Debarment Committee many years prior. He commented there needs to be some level of due process in this debarment process. He said the Council needs to have conservation around establishing a committee to hear the appeal, with the Council acting as the appellant. Attorney Dickens said this really up to the Council as to how it wants to handle the process. She said she believes Miami-Dade County utilizes staff members for its debarment committee. Manager Crew shared the City has difficulty with getting quorum with the committees currently established. Furthermore, a debarment proceeding might not occur but every four years. Miami-Dade County does so much business therefore they have debarment hearings on a regular basis. Attorney Dickens further shared this would be a very rare occurrence for the City of Miami Gardens. Councilman Williams asked who else would be a part of the debarment process. Attorney Dickens explained staff is not recommending a committee at all. First the debarment would come to the City Manager through his staff. The City Manager in consultation with the City Attorney would make a decision. That decision can be appealed within ten(10) days to the City Council. Councilman Williams asked who makes a decision to start the debarment process by bringing it to the City Manager. Manager Crew said that could be anybody. In the two cases with the City, the City Council took action. Usually would take place if someone broke a contract, which is in essence what had occurred with the last situation. Councilman Williams stated that he would agree the City needs a debarment procedure. However, he would feel more comfortable if he had a copy of Miami-Dade County's ordinance for a comparative. Regular City Council Minutes March 10, 2010 Page 7 Attorney Dickens said this item can be pulled from the agenda because there is no urgency. Councilwoman Watson expressed concern with the provision that provides for debarment based on misdemeanor convictions or any court actions. She said there are different levels of misdemeanors. Many of the court actions are settled out of court. She said she is concern about the fact that this provision would be grounds for debarment. She reiterated any company that is sued would be facing debarment, if that fact comes up in their record. Attorney Dickens shared that she had had conversations with Councilwoman Watson about her concerns a few days prior. She said language can be added to clarify when debarment would be considered whereby it affects a contractor's ability to perform. Manager Crew said all of the conditions relates to purchasing options. Councilwoman Watson opined if someone commits a felony act and just cause is found, that contractor should be debarred. However, she was concern with misdemeanor acts. She opined there are misdemeanors that might be frivolous. Many companies are called into court on frivolous lawsuits, and instead of paying expensive attorneys, they will settle. She stated the misdemeanor provision is too broad. Attorney Dickens said there may be certain category of misdemeanors the Council may want to consider to debar someone. She said there are also felony convictions that do not warrant debarment. Councilman Gilbert asked whether the City currently check the background on the company and its employees. Manager Crew in response to Councilman Gilbert replied yes. However, there are some things that are not checked for instance on a three thousand dollar purchase, or if the purchase is made with Home Depot. Councilman Gilbert suggesting setting a bar and apply it equally by treating all vendors/contractors the same. He emphasized the importance of treating everyone the same. Councilwoman Watson reiterated her concern with the fact that the ordinance reads any misdemeanor is caused for debarment. Vice Mayor Campbell said he was not concerned with the current language in the ordinance because of the appellant process, which requires the Council to make the final decision. Councilman Gilbert suggested making the misdemeanor language more specific. Councilman Williams stated he was uncomfortable with the process outline in the ordinance, which provides for the City Manager in consultation with the City Attorney to Regular City Council Minutes March 10, 2010 Page 8 recommend debarment. The contractor/individual would the appeal the City Manager's decision to the City Council, with the City Council making the final decision. He opined the contractor/individual should have due process before the matter comes before the City Council. Attorney Dickens said a provision can be included in the ordinance, which provides that the person being considered for debarment would be able to present their case before the City Manager before a decision is made. Councilman Williams said there needs to be more substance to provide guidance on how a contractor/individual as to what they are required to present during the debarment proceeding before the City Manager. Attorney Dickens said language can be added in the ordinance to accomplish that. She further suggested having the appellant process go to the Special Master, and than the City Council,with the City Council being the final process. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to pull the item. This motion passed and carried by a 6-1 vote. Vice Mayor Campbell cast the dissenting vote. (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J-1) CONSENT AGENDA RESOLUTION NO. 2010-51-1233 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR AARON CAMPBELL JR'S APPOINTMENT OF AMELIA HOPKINS TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF WINIFRED MCKENDRICK, WHICH EXPIRES FEBRUARY 3, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) RESOLUTION NO. 2010-52-1234 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR AARON CAMPBELL JR'S APPOINTMENT OF DANNY JOHNSON TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF MARGIE LANKFORD, WHICH EXPIRES FEBRUARY 5, 2011; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) Regular City Council Minutes March 10, 2010 Page 9 RESOLUTION NO. 2010-53-1235 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR AARON CAMPBELL JR'S APPOINTMENT OF JOSE ANDINO TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE FOR A TWO YEAR TERM ENDING MARCH 10, 2012 ; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) RESOLUTION NO. 2010-54-1236 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE UNITED STATES CONGRESS TO PASS ECONOMIC DEVELOPMENT LEGISLATION TO ASSIST HAITI IN REBUILDING, BY CREATING A PROGRAM THAT INCLUDES LONG-TERM COMMITMENTS TO PURCHASE PRODUCTS FROM HAITI; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY MAYOR SHIRLEY GIBSON) Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to adopt the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (K-1) RESOLUTION(S) RESOLUTION NO. 2010-55-137 J-4) 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 LOCALLY-FUNDED AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), ATTACHED HERETO AS EXHIBIT "A" AND THAT CERTAIN MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THAT CERTAIN MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT FOR STAMPED SIDEWALKS, PEDESTRIAN CROSSWALKS, AND DECORATIVE PAVERS AT STATE ROAD 7 FROM NORTHWEST 176TH STREET TO NORTHWEST 215TH STREET, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "B" AND THAT CERTAIN MEMORANDUM OF AGREEMENT A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "C", AUTHORIZING THE CITY MANAGER TO EXPEND THE SUM OF SEVEN HUNDRED Regular City Council Minutes March 10, 2010 Page 10 AND SIXTY-TWO THOUSAND, SIX HUNDRED AND TWELVE DOLLARS ($762,612.00) FOR THE PROJECT; PROVIDING FROM INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett asked whether staff had walked through this project with FDOT prior to its commencement. Manager Crew in response to Councilwoman Pritchett's question replied, "Yes." Councilwoman Pritchett asked the City Manager to explain that with sixty percent of the project completed it was discovered that it would cost an additional $90,000 for additional Pavers. Manager Crew explained looking at a project that has not been started yet is totally different from once the project has been started. In the beginning they probably thought they would be able to do the project without having to do any replacements. This usually happens especially with road projects. Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton. There being no further discussion, the motion to adopt this item passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. RESOLUTION NO. 2010-56-1238 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 L3 COMMUNICATIONS MOBILE-VISION, INC. IN THE AMOUNT OF SEVENTY-FIVE THOUSAND, SEVEN HUNDRED THIRTY- FIVE DOLLARS (75,735.00) FOR THE PURCHASE OF MOBILE VISION IN-CAR DIGITAL VIDEO RECORDING SYSTEMS; AUTHORIZING A WAIVER OF THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY'S PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett asked the City Manager to explain, for the listening audience, why the competitive bidding process was waived. Manager Crew in response to Councilwoman Pritchett request stated the City already purchased this equipment for the existing police vehicles. This is to purchase the equipment for the new police vehicles being purchased. Therefore, the City has not choice but to go with the Regular City Council Minutes March 10, 2010 Page 11 equipment already being utilized. This is the only company that can provide that equipment. If the City went with another company,they would have completely different software. Attorney Dickens said originally the City did rely on a competitive bid. From her understanding the City is getting upgraded computers for the same price as the original purchase. State Law allows municipalities to rely a competitive bid process. Councilwoman Pritchett asked because there are two different funding sources how much of the purchase price specifically comes from this fiscal year bond money and how much specifically from the general services fleet fund. Deputy Chief Miller appeared before the City Council in response to Councilwoman Pritchett's question. He stated that $25,000 is being used from the Fleet Fund to purchase the equipment. Councilwoman Pritchett asked how much of the Equipment Bond is left. Manager Crew in response to Councilwoman Pritchett said the original Equipment Bond was 2 Million Dollars. He said there is probable less than one hundred thousand left. He further explained the City usually does an equipment bond every other year. Councilwoman Pritchett emphasized the importance of having this type of information for the residents. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this resolution. This motion passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Attorney Dickens announced she would like to call an Executive Session with the Council for March 24th at 6:00 p.m. in the matter of Metro Media v. City of Miami Gardens. Those present at this Executive Session will include all members of the City Council as well as the City Manager, City Attorney, Assistant City Attorney and outside Counsel Michael Burke. She explained mediation was held in this matter earlier today therefore she would like to update the Council. City Clerk Taylor broached the subject of the delivery of the City Council Agenda packet to the City Council members. She shared initially the policy was to deliver the agenda packet to each Council member's office. She said since that initial policy was implemented the dynamics of the City Council has changed. She asked the Council or directions as to how they wanted the delivery of their agenda packets handled in the future. Councilman Bratton said the procedure now is to deliver the agenda packets to the Council member's office. Regular City Council Minutes March 10, 2010 Page 12 Clerk Taylor said that is the procedure now. However, there are some Council members who work in other outside of the City. City Hall closes at 5:00 p.m. therefore,the office is close by the time those members arrive back in the City limits. She shared in other municipalities where she has worked she has different procedures set up for delivering of agenda packets. Councilman Bratton asked whether each council member had access to City Hall. Mayor Gibson said it is her understanding that each Council member has accessibility to the building 24/7. Councilwoman Pritchett asked in addition to the agenda packets being placed in each council member's office, is the agenda packet placed on line, and if so, what time is that. Clerk Taylor said the agenda packet is placed on line on later than 5:00 p.m., on Friday afternoon. Councilman Gilbert inquired about the paperless agenda initiative. He further stated that he reviews his agenda packet over the weekend, and having this information digital would be beneficial. He said there are times when the agenda packet is not ready by 3:00 p.m., or 4:00 p.m. and is barley ready by 5:00 p.m., due to not fault of the Clerk's office, but because documentation is still pending from the City Manager's Office. Clerk Taylor said staff has the capability of providing digital documentation now by way of CD or uploading the agenda packet on each laptop on that Friday. Staff would need access to each Council member's computer to do this. Mayor Gibson said the each Council member has been equipped with a laptop with the intention of going paperless. She conveyed there was an issue with the technology, once that is corrected there will be no need to worry about accessibility to the building because each Council member can take their laptop home. She asked how long before the system is updated so that the documents can be uploaded to the computer. She further stated once that happens the Council will be going paperless. Deputy City Clerk Mario Bataille appeared before the City Council to expound on this issue. He shared that as far as the Paperless Agenda Software, that funding is tied in with the Stimulus Package with the Community Development Department, and is now under review with the Federal Government. Staff has the capability at present to provide each Council member with a CD of the Agenda packet. That agenda packet is placed on line on Friday afternoon, and Council members can download the agenda packet from the website. Ron McKenzie, IT Director said if the system provides that the file can be grabbed from the website. Therefore, if the Council wanted it they can get it. The Council can take the laptop home and access the information from the website. Mayor Gibson inquired about the status of the Energy Grant. She questioned the feasibility of having the laptop without the adequate technology to go along with it. Regular City Council Minutes March 10, 2010 Page 13 Mr. McKenzie said the Energy Efficiency Grant will assist with the automation of the entire process. Right now, the way the system works is when the Deputy Clerk has placed the agenda packet online, the Council members can access utilize their laptop to download the agenda packet. The Paperless Agenda software is basically to make the agenda process smoother. Manager Crew said the process for the agenda would not change with the paperless agenda software. The Council can access the agenda through the City's website, at present, that will not change. The software is for staffs convenience. He said the Council is not being held up by the software portion of this. Mayor Gibson asked what is going on with the laptop connection on the dais. She shared when she first tried to use her laptop on the dais it did not connect. Mr. McKenzie said he will connect a cable so to solve that problem. Councilman Gilbert said in this case, we can stop printing agendas. He said this is one of the things he had mentioned when this matter was first discussed is that staff can stop printing agendas because the Council will have the laptop computer to access the agenda. Councilman Williams said he still wanted an agenda printed. Mayor Gibson emphasized the importance of the Council members utilizing the laptop computers and going paperless with the agenda packet. Councilwoman Pritchett commented it is important for all supporting documentation to be included for review. Mayor Gibson said some of the larger exhibits can be printed because some of the imaging would be lost if the document is reduced. Vice Mayor Campbell said he did not have a problem either way, and is flexible. He said with the hard copy he can review and make notes. Clerk Taylor said he can make notes on the pdf copy as well. Councilman Bratton said it is difficult to see documentation on the computer screen and requested a hard copy be provided to him. Councilwoman Pritchett said until the system is without glitches and flaws she wanted to request a hard copy as well. She agreed paperless is really the way to go to be ecologically efficient. Councilman Gilbert said he was all for going paperless. However, his conversation was if the City purchased the laptops, he did not believe, at some expense to the people, that the Regular City Council Minutes March 10, 2010 Page 14 Council members were going to agree to commit to actually going paperless. If not, that was a waste of money. That was his concern. He said if we are going to be committed to the environment, be committed. He stated that he prefer paper and like the paper agenda. Clerk Taylor indicated that the IT Department is available to provide a refresher course to the Council members on how to retrieve or download the document as well as how to use adobe to make notes on the document. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert commended Councilman Bratton and the Media and Events Division for an excellent Miss Miami Gardens Scholarship Pageant. He said all five of the candidates were exceptional contestants. Councilwoman Pritchett commended Lillie Q. Odom, Community Outreach Coordinator for an exceptional job in recruiting two busloads of seniors to attend the Senior Citizens Awareness Day event in Tallahassee. Councilman Bratton thanked everyone involved with the coordination of the Miss Miami Gardens Scholarship Pageant. Councilman Williams asked about the status of the sales information generated from the Super Bowl. Manager Crew said he has not been able to get those numbers as of yet. Councilwoman Watson provided information on a program whereby a workshop to assist college bound students with information and skills about how to get financial aid. She emphasized the importance of our children being prepared for college. She further shared a situation that occurred with a former Junior Council member who thought they had been accepted to a particular school of higher learning. At the eleventh hour she discovered she was not accepted. She asked the Council's staff to investigate as to whether there is a cost involved. N-1) Selection of Evaluation Format to be used for City Manager's Evaluation Mayor Gibson provided documentation from various municipalities as it related to the City Manager's evaluation. Councilwoman Pritchett asked whether a portion of several documents can be combined into one document. She made reference to the Performance Management Plan Goal from the City of Miami. Vice Mayor Campbell stated the City Manager's evaluation is already two months overdue. He opined the decision to change the evaluation form is something that can be considered now, but implemented for next year. He shared that he has already completed his evaluation and submitted it to the Human Resource Department. Councilwoman Pritchett placed emphasis on the importance of having clear measurable goals as part of the evaluation process. Regular City Council Minutes March 10, 2010 Page 15 Councilman Gilbert said overall he liked the City of Burlington, Texas' Evaluation format. He further concurred with Councilwoman Pritchett's comments. Mayor Gibson suggested utilizing the existing form to evaluation the City Manager. She further suggested next year going forward provide the HR Director with the applicable documentation so that she can put together a comprehensive Evaluation Form for the Council's approval. Councilman Williams said he liked the Burlington, Texas Evaluation form for future evaluations of the City Manager. Motion offered by Councilwoman Pritchett to combine the City of Burlington, Texas Management Performance Rating with the City of Miami Management Plan (pages 1, 2 and 3), and have the HR Director draft this evaluation for the Council's review. This motion was seconded by Councilman Gilbert. There being no further discussion, this motion passed and carried by a 7-0 voice vote. (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 the meeting adjourned at 9:45 p.m. 46tt", Attest: Shirl ibs , Mayor Kodletta,Taylor, MMC ity Clerk Regular City Council Minutes March 10, 2010 Page 16