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10.13.2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES OCTOBER 13, 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, October 13, 2010, beginning at 7:20 p.m., in the City Council Chambers, 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida. The following Council members were present: Mayor Shirley Gibson and Council members Lisa C. Davis, Andre Williams, Sharon Pritchett, and Oliver G. Gilbert III. Vice Mayor Campbell was out of the Country. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to excuse Vice Mayor Campbell's absence. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Councilman Gilbert delivered the Invocation. (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Special City Council Meeting—September 7,2010 Motion offered by Councilman Williams, seconded by Councilman Gilbert to adopt minutes with necessary corrections, if any. This motion passed and carried by a 5-0 voice vote. D-2) Regular City Council Meeting—September 8, 2010 Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt minutes with necessary corrections, if any. This motion passed and carried by a 5-0 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 pull Item J-3 from the Consent Agenda. This motion passed and carried by a 5-0 voice vote. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to pull Item J-4 from the Consent Agenda. This motion passed and carried by a 5-0 voice vote. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt the official agenda with the changed. This motion passed and carried by a 5-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman Williams—Melissa Perez,AvMed Healthways SilverSneakers Program Regular City Council Minutes October 13, 2010 Page 1 Councilman Williams explained the SilverSneakers Program is a program sponsored by Medicare for those seniors with health insurance with companies like AvMed. The program is actually sponsored by Healthways. He said his thinking was to designate the Betty T. Ferguson Community Center Complex as a facility for this SilverSneakers Program. The following insurance companies are participants in this program: AARP Medicare Complete Horizon, Humana, CarePlus, WellCare, SecureHorizons, AvMed, or Amerigroup health plans. He thanked the seniors for signing a petition in support of this item. He submitted the petition into the public record. He asked that a copy be provided to the SilverSneaker representatives as well. Dianna Valenzuela, Field Manager/Healthways SilverSneakers Fitness Program and Melissa Perez, AvMed Healthways SilverSneakers Program appeared before the City Council to expound on this program. SilverSneakers Program is the nations' leading exercise program for older adults. Healthways was approached by the City of Miami Gardens to consider the Betty T. Ferguson Community Center Complex. The goal of the program is to make older people healthier. Melissa Gomez-Perez, Account/Field Manager SilverSneakers Program. The program is geared toward creating a healthier lifestyle with healthy activities. With the eligible health plan there is no additional cost. This will also be a revenue generator for the City of Miami Gardens because this program is opened to anyone participating in the SilverSneaker Program. Councilman Williams said this program creates no fiscal impact on the City. In addition there are over 2000 eligible seniors who live within a two mile radius of the Betty T. Ferguson Community Center Complex. Ms. Valenzuela said each club member will receive an exercise gym bag with equipment. Additional exercise equipment will also be provided to the facility. Anyone can participate regardless of physical fitness. It is a low impact program specifically designed for people 65 years and older. Councilman Williams stated those seniors that are a part of the SilverSneakers Program will have full access to the Betty T. Ferguson Community Center. Ms. Valenzuela highlighted the marketing aspects of this program, which includes several media blasts to the various health care providers, including a post card. Councilman Gilbert shared there is another item that will be voted on tonight. He applauded Councilman Williams' efforts to make sure the Community Center is designated as a site. We can do better than that, with the idea that if you participate in the SilverSneaker Program, the City will give seniors the gold package, which includes breakfasts and trips for free. Councilwoman Pritchett asked whether the SilverSneakers Program was available 365 days a year. Mr. Perez in response to Councilwoman Pritchett's inquiry said the program is available Regular City Council Minutes October 13, 2010 Page 2 365 days a year however, whether the BTF Center would offer the program for 365 days depends on the city's schedule. Councilwoman Pritchett asked whether this program would still be available to the seniors during the time when other programs are occurring involving the children. Kara Petty, Parks and Recreation Director appeared before the City Council and stated that the SilverSneaker Program will be available concurrently with other programs. F-2) Councilman Gilbert—Junior Council Swearing In Ceremony Councilman Oliver G. Gilbert administered the Oath of Office to the Junior Council, which is comprised of students from Miami Norland Senior High and Miami Carol City Senior High Schools. F-3) Councilman Gilbert- Miami Gardens Xpress Track Team Councilman Gilbert along with members of the City Council presented trophies to the Track Team and Coaches of the Miami Gardens Xpress Track Team, for their recent outstanding performance at the 2010 Junior Olympics. The Team won gold and other metals, and broke the set track records. F-4) Miami Gardens Kiwanis—Appreciation Award, Paul Miller, Kiwanis President Paul Miller, President of the Miami Gardens Kiwanis appeared before the City Council to thank the City of Miami Gardens and the other entities for participating as major sponsors in the annual golf tournament. F-5) Deputy Chief Paul Miller,Miami Gardens' Police Department Monthly Report Deputy Chief Paul Miller bestowed upon Officer Jorge Rodriguez the distinguished honor of Officer of the Month for the month of September 2010. He recounted the extraordinary survival tactics taken by Officer Rodriguez's when faced with the endangerment to his life when attacked by a violent offender. Deputy Chief Miller presented Daniel Perez, Facility's Manager with the Support Services Division of the Miami Gardens Police with special recognition as Civilian Employee of the Quarter. Deputy Chief Miller from August 2010 to September 2010 there was an increase in Part- One Crimes by nineteen (19%) percent. This increase is due to the very low numbers that were reported in August. As compared to September 2009, crime has been reduced by ten (10%) percent. There were no homicides during the month of September. The City is seven (7%) percent below where it was last September. What is very significant is that since the inception of the Miami Gardens Police Department in 2007 there has been a forty (40%) percent reduction in part-one crimes. Every crime category reported year-to-date had a significant reduction except theft, which has a one (1%) percent increase year-to-date. Total arrests for the month of September were down sixteen (16%) percent. Several truant sweeps were conducted with the Regular City Council Minutes October 13, 2010 Page 3 assistance of a grant from Miami Children's' Trust and the City's Parks and Recreation Department. Over the last four months there has been a significant rise in gun seizures. There were no arrests during the Caribbean Carnival held this past Sunday. Councilman Williams commended Officer Jorge Rodriguez for his composure and quick action when faced with a life threaten situation. He further referenced the gun seizures and asked whether the police department is able to trace the origin of these guns. Deputy Chief Miller said a complete history of the gun is conducted. If the gun is reported stolen a background check is conducted and the gun is subsequently returned to the owner. Miami Gardens Police Department also works with other law enforcement agencies to see if the gun has been used in the commission of a felony. He made reference to an article in the Palm Beach Post, dated September 29, 2010, which talks about how Florida ranked seconded in the number of illegal gun search for crimes in other states in 2009. He provided the City Attorney with a copy of this article and stated that perhaps there are some local laws the City of Miami Gardens can adopt, which will not conflict with the State, to deter this type of behavior. He said there is a group of Mayors throughout the United States involved in a coalition to address this activity. He asked the City Attorney to research and follow-up with this matter. Councilwoman Pritchett asked whether the Mayors involved in this coalition were from the State of Florida. Councilman Williams in response to Councilwoman Pritchett said the group of Mayors involved in this coalition is from all across the United States. She asked whether there were any Mayors from the State of Florida involved with this Coalition. Councilman Williams said he was not aware of the full group but knew that Kevin Burns, former Mayor of North Miami was very active. Councilwoman Pritchett said she would be curious to know how much funding the City of Miami Gardens police department received from the Children's' Trust for its truancy efforts. She shared that the Children's' Trust did not fund the City for the Miami Gardens/Opa-locak Youth Crime Initiative. Deputy Chief Miller said the fund he was referencing was in the amount of$10,000.00, which the police department had to spend by the end of this month. After that the Police Department will find other grant opportunities to fund its truancy efforts. Councilwoman Pritchett asked through the City Manager to be provided with information regarding the truancy sweeps in addition to the funding provided by the Children's' Trust. She said the information about the truancy efforts is vital information, which she would like to receive because reports have stated that this is a very successful initiative. However, she has never received any information to the contrary. Regular City Council Minutes October 13, 2010 Page 4 (G) PUBLIC COMMENTS Joseph Young Sr., 19025 NW 23rd Avenue, Miami Gardens, Florida, appeared before the City Council as representative of the Rolling Oaks Ambassadors. He asked what is the result of the meeting held with the various senior citizen groups and the City of Miami Gardens Parks and Recreation Department. He asked what has been accomplished. Kara Petty, Parks and Recreation Director appeared before the City Council and reported the Parks and Recreation Department met with the various senior groups for approximately three hours on yesterday, discussing the tier membership programs. In essence individuals would pay for their membership of preference. Seventy (70%) percent of the seniors who voted actually voted on one of the membership tiers. Thirty (30%) percent voted to not be involved in the membership. She said the Parks and Recreation Department plans to move forward with the tier membership, unless there are other directions. Councilman Gilbert asked why cannot the individual groups elect to pay the $65.00 and meet at their selected located and if they wanted to pay the $25.00 to be a part of the City's program they can, if they elect to. Ms. Petty said the seniors can do exactly this. They can stay with their individual groups and pay the $65.00,and/or they can pay $25.00 to be a part of the Parks and Recreation program. Councilwoman Pritchett asked if the two measures on tonight's agenda, sponsored by Councilmen Williams and Gilbert are adopted would those individuals paying for the Gold membership, would no longer pay. Ms. Petty said as long as the senior is eligible for the SilverSneaker Program they will receive absolutely the gold membership. Councilman Gilbert clarified that if the senior participates in the SilverSneaker Program, his initiative provides that they will get the membership for free, but it is not that the City is paying for it. He asked why would the city charge when it can get the money from the SilverSneakers, and the SilverSneakers covers it all. The City is going to get between $30.00- 35.00 from the SilverSneakers depending on what the contract price comes back as. Councilman Williams said from his understanding of Councilman Gilbert's initiative, a senior would have to visit the BTF Community Center, under the SilverSneaker program eight (8)times before the Gold membership is triggered. Councilman Gilbert confirmed that in order the Gold membership a senior must visit the Center no less than eight (8) times per month. He opined this should not be a problem, when speaking the SilverSneaker representative it was discovered that the average participant visited the facility 8-12 times per month. Councilwoman Davis for clarification purposes asked if a senior decided to take the $65.00 package,would that package include anything else. Regular City Council Minutes October 13, 2010 Page 5 Ms. Petty said the $65.00 package would include a two hour weekly rental of space to conduct their group meetings. No breakfast or trips are included in that dollar amount. Mayor Gibson opined the whole thing is to be able to utilize the facility to get healthy, and not just a meeting place. She emphasized the importance of utilizing the facility and encouraged the seniors to come out. Edward Singleton, 1704 NW 192"a Street, Miami Gardens, Florida, and business owner at 18982 NW 2"a Avenue, Miami Gardens, Florida, appeared before the City Council and stated that his issue is with the Zoning Department. He said he owns a small accounting firm and advertises through a mascot. He said he lost about twenty (20%)percent of his business last year because he could not have a mascot. He said he was told that by February 2010, no one will be allowed to have a mascot. Mayor Gibson advised Mr. Singleton that a staff member will meet with him to let him know what it is he is and is not allowed to do. Asa Paul Sealy, 1845 NW 2nd Avenue, Miami Gardens, Florida/Mario Zamora and Marlon Hill, appeared before the City Council representing Miami Broward One Carnival Host Committee appeared before the City Council to thank the City and everyone that assisted and participated in this event. It was a wonderful experience. The deputy city manager, as well as the code enforcement staff, and police department were also recognized for their assistance during this event. Mr. Hill emphasized the importance economic impact this event had on this community as well as surrounding communities. Councilwoman Pritchett asked that the Caribbean Affairs Advisory Committee, which is comprised of residents,be included in future discussions involving next year's event. Councilman Williams asked whether data on the economic impact could be provided, and made available to the public. Attorney Hill said the Greater Miami and Visitor's Bureau is compiling the numbers for the hotels and restaurants. He said the sales for the restaurants in the City will go up because of certain foods people eat. Bernard Poitier Jr., 1307 NW 58U' Street, Miami, Florida, appeared before the City Council to share his desire to hold an informative and educational workshop on learning about the early stages of cancer at the Betty T. Ferguson Community Center. Priscilla D. Johnson, 2950 NW 164 Terrace, Miami Gardens, Florida, appeared before the City Council and asked who made the decision to leave seat 4 vacant. She said she lives in that area, leaving our area without any representation until the Special Election to be held on November 2"a Mayor Gibson said there are two at-large representatives on the Council (Pritchett and Regular City Council Minutes October 13, 2010 Page 6 Gilbert). Those two at-large seats represent every area of the City. Therefore, seat 4 is not without representation. On October 4h the Judge made a ruling that there would be a run-off election for that seat. That election will take place on November 2"d. Therefore, no one would be placed in that seat because we are talking about less than a month. The process of interviewing and trying to select someone could take two to three weeks. Ms. Johnson said it is her understanding that if there had been a regular run-off and not a court ordered run-off election, the existing Council person in that seat would have stayed there until the run-off election. Is that not the case? Mayor Gibson said no. There was no existing Council person in the sense that Ms. Johnson was talking about because that person termed out in August. Attorney Dickens for clarity purposes explained the way the Charter works is that member would have been there until there was a swearing in. However, we did in fact have a swearing in in seat 4. The Judge ratified all the council actions taken by that Council member. There is no provision in the Charter for what happens in an instance like that. That is why the seat is vacant until there is a run-off election. Councilman Williams said he appreciates Ms. Johnson and shared that he has been asked the question as well. He opined if there had been a run-off in the August election, the sitting council member would still be in office. He shared that is what happened when he ran in 2006. At that time there was a run-off, and the current sitting council member stayed in office until the November election, which he won. He said he thought that would be the case even when the Judge rules there was a run-off. He said he is only one voice on this Council, and cannot understand why that seat is not represented by a representative. The Charter provides for a vacancy through the vacancy process but that is not the case here. It is not vacant as per the definition provided for in the Charter. He said in his mind, the representative that should be sitting on the dais representing seat 4 is Bratton. Councilman Gilbert said the City has a Charter. There is nothing in the Charter that allows the Council to make a limited appointment. If the Mayor recommended somebody, even Mr. Bratton, and the Council voted him in, he is in office until the next general county-wide election. There is no limited appointment of a Council person. Therefore, in an ideal world we would have a full dais tonight, the law does not provide for that. Independent of that and to take it a step farther than what the Mayor had said, the two at-large seat persons represents all areas, each council person is elected and it is their duty to represent the best interest of every resident in the City of Miami Gardens. Councilwoman Pritchett asked for further clarification as it related to the Judge's ruling and the run-off election, which has left seat 4 vacant. Attorney Dickens clarified when the lawsuit was filed, Ms. Robinson was a duly elected and sworn in Council member. The Judge ruled that all of Ms. Robinson's actions as a Council member were ratified while she was in office, until he made the later decision, as to whether or not there would be a run-off election. She explained initially there were two orders. The first Regular City Council Minutes October 13, 2010 Page 7 order was she is in the seat until I make a decision and that all of her actions are ratified. Councilwoman Pritchett asked whether the Judge ruled once the decision was made that seat was to be vacant. Attorney Dickens shared due to the fact that the Judge did order a run-off election, she opined it would be inappropriate for Ms. Robinson to be on the dais when the Judge ordered a run-off. That is why Ms. Robinson is not on the dais. Councilwoman Pritchett asked who made that decision. Attorney Dickens opined that legally that is what the law required. She explained we are in a situation where nobody thought of in the past. Therefore, she did not have all the answers. It is really up to the Council. The Council is the ultimate interpreter of the Charter. She said she just tried to provide a legal interpretation of what happened in the court case. Councilwoman Pritchett said the point of the matter is there is not a representative sitting on the dais representing seat -4. And the decision was made based upon what the Judge said, there would be a run-off; but who ultimately made the decision that Ms. Robinson nor former Councilman Bratton would sit here. Attorney Dickens said Councilman Bratton never came into the Judges case. She said legally when the Court ruled there would be a run-off; she shared that she guesses if would have been she who made the decision. She opined all of Ms. Robinson and the Council actions after the Judge had rules, should she (Robinson) still been sitting on the dais would have been invalidated. Councilwoman Pritchett said in the final analysis the decision was made by the City Attorney for Ms. Robinson not to sit on the dais. Attorney Dickens said she did not believe there was an issue. All understood that once there was a run-off the seat would be vacant. She shared that the Charter says that the person before her (Robinson) that was in that seat was there until the successor is sworn in. There was in fact a swearing in that was ratified by the Judge. She shared that her legal opinion is if Ms. Robinson was sitting on the dais at this point, it could invalidate all the decision of this Council. She shared that Ms. Robinson has been gracious enough and that was not an issue. Councilwoman Davis said for clarity because Ms. Robinson is not sitting on the dais at the present time, is someone suppose to be sitting in seat 4 until after the election. Attorney Dickens said there is no requirement. She explained when a seat is determined to be vacant; the Mayor has the right to make an appointment. There is a process and steps that she generally takes to accomplish this. The Mayor has the opportunity to do that but here s the problem,the ruling was on October 4th and the election is on November 2nd Mayor Gibson shared that the Charter says that the Mayor will make recommendation for Regular City Council Minutes October 13, 2010 Page 8 any vacancy that is on this dais. When the Judge made his ruling on October 4th, we had from that date to November 2"d when the run-off election would take place. She said she did not bring a name to this Council and per the Charter she has a right to do that. She shared she has gone through this process twice and it takes three or more weeks to go through the process of advertising and interviewing applicants to fill a council seat. To advertise it, to give people a minimum of two weeks to respond, then it takes approximately two weeks to interview the applicants and bring a name back to this Council. By that time November would have. She stated that is why she made the decision not to bring a name to this Council. She said this is the reason she made the decision not to try to go through that process because she did not have the time to do that. Had the Judge made a ruling initially there would have sufficient time. However, we had to wait until the Judge made his ruling. None of the areas of this city is unrepresented. Councilman Williams stated that he did not agree with the Mayor and City Attorney because the Charter is specific with regard to what a vacancy is. The filling of a vacancy, as the Mayor has outlined does not apply in a situation like this. He said in his legal opinion that vacancy criteria does not apply here. Rita Pierre, 1000 NW 197th Terrace, Miami Gardens, Florida, appeared before the City Council representing the Clover Leaf Senior Citizens. The group decided today that it would stay at Clover Leaf Park. She asked what happened to the money that was supposed to be allocated for the park. She said the seniors really want to know what happened to the money that was allocated for the seniors at all of the parks. She said there is too much confusion between city staff and the senior groups therefore; her group has decided to stay where it is. Mayor Gibson asked Manager Crew if there was money set aside in the budget for senior groups. Manager Crew said not specifically. There is a large item in the Parks and Recreation Department Budget for handling lots of things and seniors are included in that budget. Councilman Gilbert for clarification purposed opined that Ms. Pierre was talking about the $20,000.00 that was allocated. He said that money was not allocated for senior groups the funds were allocated to do a study to gather demographical information so that the City can apply for grants. The survey was not done therefore the money went back into the General Fund. The money is there and a survey will be done this year. Councilwoman Pritchett said she has asked to see the line item identifying the $20,000, for the survey, in the budget. She opined important to contact Ms Rogers who is the director of Community Services for the State Department of Elderly Affairs, who can assist the City in this process. Naomi Parkham, 2250 NW 177d' Terrace, Miami Gardens, Florida, appeared before the City Council and shared this is the second time she has filled out an application for the repair of _ her home. She said she was told she could not receive funds to repair her home; she would like to know why. Regular City Council Minutes October 13, 2010 Page 9 Mayor Gibson informed Ms. Calhoun that someone would be getting in touch with her to explain why she did not qualify. Minister Sharon Johnson, 20015 NW 35th Avenue, Miami Gardens, Florida (Riverview Homeowner) appeared before the City Council to express concern with the Carnival. She said the residents in her area were not given sufficient notice. People came into their complex to park their vehicles. She complained that the music started at 7:30 a.m. on a Sunday and was so loud you could feel the thumping the doors and walls were shaking. Some of the parade participants were dressed inappropriate. She said that Sunday is her day of worship. Councilman Gilbert apologized to Ms. Johnson. He further shared that he was a Christian, and he was at the carnival. He said some of the stuff might have been racy but his faith is shaken. He said if we are going to be a destination community, some places will have commerce, some places will have business developing, we could find a balance for things like carnival and the rights of our residents. We can try to get that balance because if we do not get that balance it means that the operations of the City are borne disproportionately by the residents and not by business and commerce. He said we have to find a balance and apologized to Ms. Johnson that the City did not do that this time. He shared that he sponsored the Noise Ordinance and as staff can bear witness he has called in noise violations all the time. Councilwoman Pritchett asked Renee Crichton, Deputy City Manager to explain what the City did in terms of notifying the residents. Renee Crichton, Deputy City Manager appeared before the City Council in response to Councilwoman Pritchett's inquiry. She shared staff sent out a radius mailing so that they would hit the homes that Wednesday prior to the parade. Staff also did a robotic call to those residents where telephone numbers were available, on Friday evening and Saturday morning, advising of the traffic delays. Councilwoman Pritchett asked whether the public, along with the Caribbean Affairs Advisory Committee will be invited to participate in the planning stages of next year's event; and that any input on how to make this an even better event would be encouraged. Deputy City Manager Crichton said emails detailing concerns are welcome. Any input gathered will be brought to the table when discussion opens for next year's event. Yasmi Cassado, 16300 NW 39th Court, Miami Gardens, Florida, appeared before the City Council as a representative of Venetian Gardens, in support of Item K-1. Sharon Frazier, 145 NE 193`d Street, Miami, Florida, appeared before the City Council to inquire about the Miami Gardens Kiwanis Club scholarship award criteria, as well as the Shop with a Cop event. She further mentioned the CCSSI (Common Core School Standard Initiative), which is a national initiative for the PTA, which includes how all students are learning on a state _ level. This initiative is geared toward all school learning on the same state level throughout the United States. Regular City Council Minutes October 13, 2010 Page 10 Patricia Wright, 1221 NW 1790' Street, Miami Gardens, Florida, appeared before the City Council in reference to Item K-l. She inquired as to what would the City of Miami Gardens do, if Miami-Dade County did not approve the City's request. She placed emphasis on the importance of creating a Special Taxing District for that particular area (Venetia Gardens) and not for the entire City. She said making the entire City a Special Taxing District is unfair to the residents who are already paying for lights in their area. Manager Crew explained if a homeowner is already paying a tax, they will not be double taxed. This legislation is attempting to make it so everybody in the City pays the same tax. The problem is in these smaller areas, the residents cannot get enough signatures to make the County implement a Special Taxing District for lighting. Eighty percent of the City is already paying for lights. Mayor Gibson encouraged those individuals who have street lights in their neighborhood to check their tax bill because they are already paying for a Special Taxing District for street lights. She shared Venetian Gardens is unique in that it does not have street lights and is trying to get them because their neighbors will not sign the petition, which is a requirement to getting the Special Taxing District for street lights in their neighborhood. She asked that the residents understand that the City is not trying to raise their taxes; however the welfare and safety of this city and its residents is important. Councilman Gilbert said he takes safety and quality of live issues very seriously. He said one thing that he is committed to is that there has to be lights in that area. He shared that he has been in the Venetian Gardens' area after dark; there are no lights. He further shared many of the properties in the Venetian Gardens community are rental property. However, the property owners of those rental properties, who do not live there and are not in the dark, will not sign the petition so that there are lights in this area. Janice Coakley, 19681 NW 33rd Avenue, Miami Gardens, Florida, appeared before the City Council and shared that she was informed by the Mayor that only the Mayor and City Council member can tell the City Manager what to do. She stated therefore in the upcoming budget year, she was saying to the Mayor and Council that she would like to see an itemized budget for the next fiscal year. She further directed her comments to Item H-2 (Sergeant at Arms) and stated that as a citizen and resident she will always speak up about what she believes in. She stated that she oppose the Special Taxing District item. Denise White, 1210 NW 179th Terrace, Miami Gardens, Florida, appeared before the City Council in opposition to the Special Taxing District. Dr. Lester Brown, 18801 NW 29h Court, Miami Gardens, Florida, appeared before the City Council to share his delight in being citizen of Miami Gardens. He further said it is a pleasure to see residents voice their concerns and opinions about items. He shared the experience he had when he first tried to vote in Louisiana. He further encouraged everyone to take advantage of the Betty T. Ferguson Community Center Complex and the amenities it has to offer. Regular City Council Minutes October 13, 2010 Page 11 Harold Lawton, 1860 NW 170th Street, Miami Gardens, Florida, appeared before the City Council to commend the City Attorney for doing an excellent job in defending the City in recent litigation. He further expressed concern with the staff at the Betty T. Ferguson Community Center and the fact that the staff does not live or grew up in the City. He emphasized the importance of hiring residents. J. Phillip Tavernier, 2750 NW 172nd Terrace, Miami Gardens, Florida, appeared before the City Council to encourage everyone attending the meetings to bring someone else along with them. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF M1 MI GARDENS,FLORIDA,AMENDING ARTICLE H,SECTION 2-56 OF THE MIAMI GARDENS CODE ENTITLED "ORDER OF BUSINESS"; TO INCLUDE RESOLUTIONS FOR PUBLIC HEARINGS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) Clerk Taylor explained this is a housekeeping item; the official agenda format is being amended to provide for Resolutions Public Hearings. Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to adopt this item on first reading. Councilwoman Pritchett asked the City Clerk to expound on this item so that the residents will have a better understanding of what a housekeeping item is. Clerk Taylor explained the agenda format is set up by an ordinance, which is law, this item provides for the amendment that that official agenda format to provide for a section Resolutions and Public Hearings to be placed after Ordinances for Second Reading and Public Hearings. There being no further discussion,the motion to adopt on first reading passed and carried by a 5-0 vote. Vice Mayor Campbell: Out of town Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Mayor Gibson: Yes Regular City Council Minutes October 13, 2010 Page 12 H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AMENDING ARTICLE II,SECTION 2-60 ("PUBLIC PARTICIPATION") OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES TO ADD A SERGEANT-AT- ARMS PROVISION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) Attorney Dickens explained this was originally in the ordinance on how the City operates and meeting is conducted. However, in the codification process municode deleted it. Therefore, this is just a matter of putting back into place what was already there from the beginning. Vice Mayor Campbell noticed that the provision had been inadvertently omitted. Motion offered by Councilman Gilbert, seconded by Councilman Williams to adopt this item on first reading. Councilman Williams asked the City Attorney to explain the function of a Sergeant At Arms. Attorney Dickens explained this is a way to keep decorum in the Council Chambers. If a person becomes disruptive, the Chief of Police or his designee can ask that person to be removed from the Chambers in the event they become so disruptive we cannot operate. That would be at the discretion of the presiding officer, in this case the Mayor. Councilman Williams for clarification purposes stated that only the Mayor can ask for an individual to be removed and not the Council members. Attorney Dickens in response to Councilman Williams' comment said this is correct. Councilwoman Pritchett said this is also a housekeeping item. This is something that was already in the City's laws, and through a mistake of municode it was inadvertently left out. Mayor Gibson shared the Council has been utilizing this particular ordinance in many instances. She said this nothing new. Councilman Williams asked whether individuals would be subject to arrests. Attorney Dickens said individuals could be subject to an arrest if they are causing a public disturbance. She said is someone is asked to leave and that individual complies that is a different matter. There being no further discussion, the motion to adopt on first reading passed and carried by a 5-0 vote. Regular City Council Minutes October 13, 2010 Page 13 Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Vice Mayor Campbell: Out of town Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) CONSENT AGENDA RESOLUTION NO. 2010-164-1346 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CANCELING THE NOVEMBER 24, 2010 AND DECEMBER 22, 2010 CITY COUNCIL MEETINGS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK RESOLUTION NO. 2010-165-1347 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO DESIGNATE THE BETTY T. FERGUSON RECREATIONAL COMPLEX AS A PARTICIPATING LOCATION FOR THE HEALTHWAYS SILVERSNEAKERS FITNESS PROGRAM; DIRECTING THE CITY MANAGER TO CONDUCT A MARKETING CAMPAIGN; DIRECTING THE CITY MANAGER TO IDENTIFY AND ESTABLISH PARTNERSHIPS WITH OTHER MAJOR HEALTH INSURERS TO PROVIDE FITNESS TRAINING TO SENIOR CITIZENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION NO. 2010-166-1348 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE MIAMI GARDENS CITY BOWL BETWEEN MIAMI NORLAND HIGH SCHOOL AND MIAMI CAROL CITY HIGH SCHOOL VARSITY FOOTBALL TEAMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT) Regular City Council Minutes October 13, 2010 Page 14 RESOLUTION NO. 2010-167-1349 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER TO ESTABLISH A DUAL ENROLLMENT INCENTIVE PROGRAM THAT WILL PROVIDE RESIDENTS WHO PARTICIPATE IN THE HEALTHWAYS SILVERSNEAKERS FITNESS PROGRAM WITH A GOLD LEVEL MEMBERSHIP IN THE CITY'S SENIOR PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT) Motion offered by Councilman Gilbert, seconded by Councilman Williams to adopt the Consent Agenda. This motion passed and carried by a 5-0 voice vote. (I) RESOLUTIONS RESOLUTION NO. 2010-168-1350 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER TO SA CONSULTANTS, LLC, TO EXTEND THE CONSTRUCTION TIME FOR BLEACHERS AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett asked whether there was a warranty on the bleachers. There have been complaints that the ones already installed are not in good operating order. She asked how long is the warranty for. Brandon DeCarlo, Capital Improvement Project Manager appeared before the City Council in response to Councilwoman Pritchett's inquiry. He said the bleachers have a five year warranty. He further shared the City did not sign off on the bleachers currently installed. Those bleachers will be completed replaced by the manufacturer. Councilwoman Pritchett asked the City Manager to expound on this item. The contract originally provided the contractor 135 days to complete the project. Unfortunately,the City has had tremendous problems with Miami-Dade County Fire Department with making changes and then getting those changes approved. Those changes have caused delays,which were not the fault of the contractor. Councilwoman Pritchett emphasized the importance of explaining the additional cost was associated with the delays caused by the Miami-Dade County Fire Department. She stressed the importance of transparency. Regular City Council Minutes October 13, 2010 Page 15 Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to adopt this item. This motion passed and carried by a 5-0 voice vote. J-4) 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, IN ACCORDANCE WITH CLAY COUNTY, FLORIDA BID #08/09-3, WITH MUSCO SPORTS LIGHTING, LLC IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE THOUSAND, NINE HUNDRED NINETY-THREE DOLLARS ($125,993.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", FOR THE INSTALLATION OF SPORTS LIGHTING FIXTURES AT BRENTWOOD PARK; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Gilbert said the Council recently had discussion about the City's practice of piggybacking off of other municipal contracts, and how that practice diminished the City's Code, which provides for preferences. He stated the City of Miami Gardens is going to stop piggybacking off of other entities contracts. He said if we cannot find a way to incorporate local businesses in how we do business, and where we spend our money, he would start pulling and voting against every piggyback. He said the City cannot continue to piggyback on everything. He opined the ordinance the Mayor sponsored about increase local preference means nothing if the City piggybacks. He conveyed understanding that some piggybacking might be necessary. If that is the case a statement should be provided indicating why the piggybacking is necessary. He emphasized the importance of circulating the dollar back into the community. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt this item. Councilwoman Pritchett made reference to the $125,993.00 and the fact that the resolution states this includes the installation. She asked if this is correct. Manager Crew in response to Councilwoman Pritchett's question said the installation is not included in the dollar amount. Councilwoman Pritchett shared according to the documentation provided this price includes materials only. She said the resolution needs to be corrected to take out any reference to installation. She said Councilman Gilbert's comments were well taken. She said the information provide is never complete is it never thorough. She opined the Council does not have enough information to make decisions. She shared that she pulled the Polk County contract that is why she was able to determine the electrical installation was not a part of the contract. She said the City's resolution does not outline the responsibilities of the contractor. She said she has asked Regular City Council Minutes October 13, 2010 Page 16 over and over about complete information so that the Council can make informed situations. She asked that in the future the applicable information is provided, and residents can go on-line to see the information. Manager Crew defended staff by saying that staff provides sufficient information however there are some times that staff miss something. Staff is not perfect. He opined that staff does an excellent job most of the time and respectfully disagreed with Councilwoman Pritchett that staff does not provide the Council with everything. He shared that when Councilwoman Pritchett calls for information that information is provided. Councilwoman Pritchett said she not have to call to get information it should be a part of the package. She said in all fairness to spending taxpayers' dollars she wanted to know if she could have the additional backup documentation in which to make an informed intelligent decision. Attorney Dickens said if there are no time constraints this item can be brought back at the next City Council meeting. Motion offered by Councilwoman Pritchett to defer this item to the next regularly scheduled Council meeting, October 27, 2010. This motion was seconded by Councilman Gilbert. At which time staff is to provide all relevant documentation associated with this item. Councilman Gilbert said if Councilwoman Pritchett leaves it at providing all relevant information, she is leaving it to the discretion of staff to determine what is relevant. He suggested that Councilwoman Pritchett tell staff exactly what it is she wants staff to provide. There being no further discussion,the motion to defer passed and carried by a 5-0 vote. Councilman Williams: Yes Councilwoman Davis: Yes Vice Mayor Campbell: Out of town Councilman Gilbert: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS URGING THE MIAMI-DADE COUNTY MAYOR TO PETITION THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO CONSOLIDATE AND UPGRADE THE STREET LIGHTING SPECIAL TAXING DISTRICTS IN THE CITY OF MIAMI GARDENS INTO ONE STREET LIGHTING SPECIAL TAXING DISTRICT, AND TO MAKE THE ENTIRE CITY OF MIAMI GARDENS A STREET LIGHTING SPECIAL TAXING DISTRICT; APPROVING SUCH ACTION BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS PURSUANT TO CHAPTER 18 OF THE Regular City Council Minutes October 13, 2010 Page 17 MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING FOR INSTRUCTIONS TO THE CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Tom Ruiz, Public Works Director appeared before the City Council and recounted that he has received numerous telephone calls complaining about the lack of lights in the Venetian Gardens Community. This item will provide a better process to bring street lights to this neighborhood. Donald Cox, Director Special Taxing District, Miami-Dade County, Public Works Department appeared before the City Council and shared that currently the City of Miami Gardens' Special Taxing District is 82%. Each taxing district is independent of each other. The bulk of the lighting was done in the 1970; they are all about 300 feet apart and provide low intensity street lighting. This proposal from his understanding is to propose a Special Taxing District, City-wide to leverage the lighting intensity. 076 Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to have city staff contact FP&L to initiate talks with the Venetian Gardens' residents. Mr. Cox said right now the average special tax to residents is approximately $24.00 a year. If all Special Taxing Districts were consolidated everybody would then pay the same rate of assessment. The ones that are currently paying may see an increase slightly for the first year. Once the work is done the only increase in the bill would be the difference between 60,000 and 63,000 illumination. The other option is to put poles between other poles, which is a lot more expensive to do. Mr. Cox said if the whole package was approved by Miami-Dade County (City-Wide Special Taxing District) the city has two areas of industrial parks that would be created as an independent district because the lighting requirements are much higher than residential. In the residential areas the cost currently is approximately $24.00 per year. The City would be looking at $133.00 a year, which is about eleven month's total assessment to upgrade the intensity and add all the poles. If you wanted the upgrade alone the cost would be approximately $38.00 a year, about three dollars a month to upgrade all the lights. There is option on how this can be handled. He said Florida Power and Light will have to get involved with this project because there is a charge on their end as well. Motion offered by Councilman Gilbert, seconded by Mayor Gibson to adopt this item. Councilman Gilbert asked about the cost to provide lights to the areas that do not have lights. Mr. Cox said that cost would be approximately $30.00 a month or $445.00 per year to install lights in those areas currently without lights. This includes installation. Councilman Gilbert asked with the City of Miami Gardens as a Special Taxing District, Regular City Council Minutes October 13, 2010 Page 18 could lights just be given to Venetian Gardens' property owners and those individuals just be charged for their lights. Mr. Cox said that could possibly be part of phasing situation. Those residents are not currently paying for lights. If the lights go in they could begin paying. Venetian Gardens hasn't met the Code requirement to have a district. Under Miami-Dade Code you are able to expand or consolidate districts of similar benefits, which is what the City might be able to do in this case. The adjourning taxing districts could be expanded into this area. He said he would have to have a consultation with the County Attorney but conveyed his belief this is an option whereby the boundaries could be expanded by the County Commissioners. However, the district being expanded would end up sharing the cost to light the area. Councilman Gilbert asked if Miami-Dade County approved for the City of Miami Gardens to become a Special Taxing District and the City wanted to add lights only to the Venetian Gardens area can arrangements be made so that only those residents will bear the cost for the lights added in their area. Mr. Cox said the City-wide Taxing District would still bear the cost because it is now one taxing district. He further shared in 2002 Miami-Dade County adopted a mechanism whereby if a Special Taxing District wanted to increase the intensity of its lights, all that is a required is a letter to County Commissioner Barbara Jordan's office. Commissioner Jordan would then sponsor a resolution and work in conjunction with FP&L to provide high intensity lighting in that Special Taxing District. The residents of that Special Taxing District would pay the additional cost for this upgrade. Mayor Gibson for clarification purposes said if any of the Special Taxing Districts wanted to have an upgrade on their lighting they would send a letter to County Commissioner Jordan's office. Mr. Cox recounted how the process in 2002 started. He said the Miami-Dade County Commission adopted an ordinance whereby those special taxing district wanting upgrades on their lighting could do so without having to install additional poles, but by upgrading the intensity of the lighting through FP&L. The resolution that Commissioner Jordan sponsors authorized the Miami-Dade Public Works Department to initiate a study and bring back the findings to the County Commission for consideration of upgrading. The assessment tax is done in the first year, after that the resident is only paying for the light. Councilman Gilbert said there are two ways to get this done. One is to ask the County Mayor to create a Special Taxing District in this area. He suggested trying the narrow approach first,which is adopting a resolution asking the Miami-Dade County Mayor to do it. Mr. Cox said the Mayor cannot arbitrarily create a Special Taxing District. The County Commission has that authority. Councilman Williams said he was not comfortable in voting on this item tonight. He said he did not have enough information. He opined the Council needs more options with a lot more Regular City Council Minutes October 13, 2010 Page 19 detail. Councilwoman Pritchett made reference to the September 22"d Regular City Council minutes when this matter was first discussed. At that meeting she specifically asked that when this item is brought back that information also be provided identifying the street lights in the area. She said consistently she has asked for information and consistently she has not received it. She said Mr. Cox raised an excellent point when they keep saying there are no lights in the Venetian Gardens area, which is not true. She shared on Thursday, October 7,', at 8:45 p.m., she took a tour of the Venetian Gardens area and identified eight street lights that were either inoperable, bulbs were blown or not working. On Friday she contacted FP&L and reported the outage. The street light located at 16155 NW 42"d Avenue is now working properly and the street lights in the other locations have now been replaced. She shared that the FP&L representative also said there are other options for the residents who would like to have more lighting. One of the options is for outdoor security lights. She further stated that you have to be concern with illumination because Opa-locka Airport and the flight pattern. She placed emphasis on the importance of providing relevant information so that the residents and constituents in this area can understand what the options are. She stressed there are some lights in this area. It might not be what the residents want. She said when this vote is taken she plans to vote no. Councilman Williams asked for clarification purposes whether FP&L had a program for street lighting. Councilwoman Pritchett in response to Councilman Williams' inquiry clarified that the representative from FP&L said residents can request a package for an outdoor light, which some refer to as a security light. If the individual homeowner wants it. Once this information is received and the individual homeowner fills out the information sheet and return to FP&L, a representative will the contact the homeowner to explain the different options available. Councilman Williams asked whether the individual homeowner would incur the cost. Councilwoman Pritchett in response to Councilman Williams replied yes. She said the individual homeowner would decide the best and most cost effective option for them. Attorney Dickens said the item before the Council tonight is not relating to FP&L but street lighting. Manager Crew withdrew the resolution from consideration by the Council. He explained that area does not have public street lights. The people in this neighborhood want public street lighting. Councilwoman Pritchett said that she was saying is that to say there are no lights in this neighborhood is not correct. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett table this resolution and direct the City Manager to engage FP&L to initiate talks with the Venetian Gardens' residents with regard to individual lighting options for their homes. Regular City Council Minutes October 13, 2010 Page 20 Mayor Gibson asked Mr. Cox if this motion is adopted and FP&L comes out to talk with the residents. She conveyed belief that the residents already know about FP&L's options. She asked if the City approached Miami-Dade County again seeking other options would the process start all over again. Mr. Cox in response to Mayor Gibson's inquiry said the process would not start all over again. He said he would much prefer to have something from the Council. He said that whatever option is selected Florida Power and Light would have to be involved. Florida Power and Light will want to get paid for their specific task. Mayor Gibson said the lights in this area were installed in the 1970's. She asked if lights in other areas in Miami-Dade County have been upgraded since initially installed. Mr. Cox said with the devastation of Hurricane Andrew all the lights in the southern district Kendall area when replaced were all upgraded with the high intensity lights. Manager Crew asked Mr. Cox to put the information he shared tonight and any other relevant information about the Special Taxing District for Venetian Gardens, in writing. There being no further discussion on the motion made by Councilman Williams, passed by a 5-0 voice vote. Councilman Gilbert directed the City Attorney to get with the City Manager in order to draft a separate resolution, which he will sponsor for the next City Council meeting, soliciting the Miami-Dade County Mayor to sponsor legislation for approval by the Miami-Dade County Commission to create a Special Taxing District for the Venetian Gardens area. L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) Discussion of Public/Private Development—City Hall Project Proposal Manager Crew recounted the City received a proposal approximately one year ago to do a joint venture to do a City Hall and some economic development in the Town Center Area. After a substantial amount of time Council directed staff to look into the proposal, and to negotiate with the makers of the proposal to see if a deal could be made. Ultimately the attorney determined to legally do it that way, so Council directed that staff put out an RFP for proposals to develop a City Hall and concurrent private development at the same time. That RFP was out for sixty days, and the end result was the one proposal. At the pre-proposal meeting approximately 40 people were in attendance. The committee that reviewed that proposal consisted of the City Attorney, City Manager, and the Council's consultant Kevin Lawry. A copy of the Review Committee's findings were provided to the City Council. The Committee did not make a recommendation one way or another on the proposal. Kevin Lawler appeared before the City Council to expound on this matter. He said the proposal is slightly different than the previously one submitted. The Miami Gardens LLC,which Regular City Council Minutes October 13, 2010 Page 21 was the original entity, has now combined with LP Enterprises. The proposal is offering two sites at this point: 1) Wachovia Property and the Shopping Center Site to the South; 2) an alternative is the former Home Depot site. There were nine evaluation categories of those nine; the Committee did not address#9 because there was insufficient information provided. He said a year ago he had given his first report and that the pluses and minuses equaled out. The question at that point was could the city link the collateral private development with the public development of its City Hall Complex. He said the maker of the proposal has substantially advanced the concept and the timing content of what that private development would be on either site. This project has moved forward considerable; the City now has an architect and has established a standard for LEED Platinum buildings (City Hall and Police Building). He said the City's issue is it cost effective to the City. He shared cost effective in his mind from the point of view from the City Hall Complex site versus the cost the City would incur to induce private development. He opined overall this is a highly favorable proposal irregardless of which site is selected. Councilman Williams asked if a vote was going to be taken tonight on this matter. Manager Crew said he wanted to get a consensus from the Council on this matter. Mayor Gibson said at this time this is a discussion item that the manager has brought up. There might be a point during this discussion where a motion could be warranted. Councilman Williams shared that he has expressed his unreadiness with this development group before and wanted to state for the record his position, which is that he is not going to vote for this developer. He said that Mr. Green has a criminal record, which he feels badly about bringing up. He opined the City should not be in the business of doing business with individuals with criminal backgrounds. He said there are any number of developers who are qualified to do this work. He said it is important to understand there was only one bidder on this project. And with all the developers looking for work in South Florida, does that not raise the question of why there was only one bidder. He shared as he has stated before there was only one bidder because the actual bid was not well written because it required the developer to actually own land within the Town Center District. He shared that as a realestate attorney he is in communication with developers all the time and most that he spoke to said that they thought they would not have a fair chance with this development. Councilman Gilbert shared that he went through the proposal and alternative two of the proposal is not really property owned by them or us, but it is actually a very interesting alternative. He opined if they could come up with that alternative, other people could have come up that also. He reminded the Council that a while back they passed legislation to not discrimate against people who had criminal records who had redeemed. Just beause someone made a mistake in the past does not preclude the City from doing business with them. He said these are the only people who actually applied. A lot of people said they could do the work but nobody came and said they wanted to. Councilman Williams said he appreciated Councilman Gilbert's remarks and certainly believes in redemption. He said when you talk about a criminal record, when there is a pattern, Regular City Council Minutes October 13, 2010 Page 22 there is an issue. Mayor Gibson reminded CouncilmanWilliams of the legislation he recently sponsored about not discriminating against individuals with criminal records, and establishing a fair hiring policy. She opined Councilman Williams statements are entirely contrary to what he had asked the Council to vote on, which was to give people an opportunity to move forward with their lives. Councilman Williams said that Mayor Gibson must not have read the report provide by the Miami Gardens Police Department, which outlined Mr. Green's criminal record. He quoted a Jacksonvill Newspaper article dated August 18, 2009, which outlines Mr. Green's involvement in a stripmall development project that resulted in accusations of non-payment and lawsuits against Mr. Green, his wife and his partner. Mr. Green's company received 1.4 Million Dollars in grants from the City of Jacksonville. The contractor alledged that Mr. Green never paid the contractors. The members of the development team were introduced as follows: Ken Gregory, Managing Director of the Miami Gardens Town Center LLC, Ted Lucas of LP Enterprises LLC, Mr. Angelo, President of HA Contractors, and William Green, Miami Gardens Town Center LLC. Councilman Gilbert asked Mr. Green if the allegations in Jacksonville have been resolved. William Green appeared before the Council to respond to Councilman Gilbert's inquiry. He said the project was a 3.5 Million Dollar project. The general contractor was paid 3.2 Million Dollars. The dispute was over $300,000.00 for work the general contractor did not do, which is why he did not get paid. He said the lawsuit was dismissed due to that fact. Councilman Gilbert opined that anybody can commit pen to paper and say anything about anybody else and generate a lawsuit. He said this is not a testament that Mr. Green is right or wrong but he did not know that the Council should be in the position of just judging someone for something someone has said. This is an unfounded allegation without any substance or proof, and taking it as proof. Mr. Gregory said before the process stared a letter was sent to the City Manager stating that anyone wanting to take over their option on the property at the shopping center, they would be more than glad, if their proposal is stronger, to take that option. He shared when he sat down with the Mayor 15 months when they submitted their unsolicited proposal she was very clear when she said'she did not want just a city hall. She said she wanted a town center, a place where people work, recreate, dine and shop. That is the difference between this proposal and everybody else who did not submit a proposal. There was a site available which anybody could have gotten. This site was picked up after the RFP was put out. Ted Lucus of LP Enterprise, LLC appeared before the City Council and shared that he was born and raised in the City of Miami Gardens. He further shared that he owns a record Regular City Council Minutes October 13, 2010 Page 23 company called Slip and Slide Records, and has been able to assist many artist. He said to be able to develop a performing arts center in Miami Gardens is a great opportunity for him. He said he is excited about being able to give back to the community. Councilman Gilbert said Platium LEED is not important to him. He said his concerns are how this project is going to impact our City, how it is going to stir development, and how we are going to pay for it. He said those are the things he will be thinking about for this any other projects in that area. Motion offered by Councilman Gilbert, seconded by Mayor Gibson to authorize staff to negotiate with the only proposer that submitted to develop the City Hall Project. The agreement is to be brought back to the Council for approval. This motion passed and carried by a 3-2 voice vote. Councilwoman Pritchett and Councilman Williams cast the "no"votes. (M) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert announced that tonight on the Consent Agenda an item was passed establishing the Miami Gardens City Bowl,which is a trophy that goes to the winner of the Carol City and Miami Norland game every year. It creates a tradition that is actually unique to the City of Miami Gardens. He further encouraged everyone to attend tomorrow night's game. Councilwoman Pritchett asked the City Manager to contact Ms. Harris with the State Department of Community Affairs to have her come speak to the Council and the Elderly Affairs Advisory Committee because Community Initiative for a Lifetime is actually recognized by Harvard Community School Art Center. Councilman Williams announced a foreclosure clinic will be held on November 9'h at the North Dade Regional Library. Councilwoman Davis announced that she will be hosting Thanksgiving in the Gardens on Saturday, November 20th at Cloverleaf Park. She said there is an income eligibility requirement to receive a turkey. Councilwoman Prichett asked whether this flyer will be made available through the City's website. She further asked about the funding source. Councilwoman Davis in response to Councilwoman Pritchett's inquiry said the flyer will be available on line. The funding source is through donations. She said her goal is to provide 150 turkeys. Mayor Gibson shared that Miami Dade League of Cities distributes turkeys for Thanksgiving every year, in the City of Miami Gardens. A date and time certain has not been set as of yet. Regular City Council Minutes October 13, 2010 Page 24 Councilman Gilbert shared that he is working with staff to put together a Town Hall meeting to address some of the water issues in Miami Gardens. We have a large number of residents calling complaining about the water, especially the City of North Miami Beach, which rates are increasing. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. (0) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made,this meeting adjourned at 11:48 p.m. Attest: /Z7-��Shir4Wy Gi on, Mayor Ronetta Taylor, C, City Clerk Regular City Council Minutes October 13, 2010 Page 25