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12.08.2010 CITY COUNCIL MINUTES DECEMBER 8, 2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES DECEMBER 8, 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, December 8, 2010, beginning at 7:05 p.m., in the City Council Chambers, 1515 NW 167'hStreet, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Aaron Campbell Jr., and City Council members: Lisa C. Davis, Felicia Robinson, and Oliver G. Gilbert III. Councilwoman Sharon Pritchett arrived at 7:15 p.m.; Councilman Andre Williams arrived at 7:16 p.m. 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 Regular City Council Minutes—October 27,2010 Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to approve the minutes,with necessary corrections, if any. This motion passed and carried by a 5-0 voice vote. Regular City Council Minutes—November 10,2010 Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to approve the 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 Councilman Gilbert, seconded by Councilwoman Robinson to approve the official agenda as presented. This motion passed and carried by a 5-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Chief Matthew Boyd, City of Miami Gardens' Police Department Month Report Deputy Chief Paul Miller appeared before the City Council to present the monthly report Regular City Council Agenda December 8, 2010 Page 1 CITY COUNCIL MINUTES DECEMBER 8, 2010 for the City of Miami Gardens Police Department. Deputy Chief Miller bestowed the distinguished honor of Officer of the Month upon Sergeant Audrey Coney-Brown, Supervisor in the Support Services Division. Sergeant Brown's calm demeanor and professional manner in which she carries herself makes her a role model for other supervisors to follow. She is a dedicated employee who exemplifies the highest level of professionalism and is therefore deserving of the Officer of the Month Award for the month of November 2010. Deputy Chief Miller provided the Council members with a color coded map, which showed the City of Miami Gardens 12 area law beats. This report also provided a comparison of the number of crimes in each law beat for October as compared to November 2010, and whether there was a decrease or increase. Compared to November 2009 the City had a 23% decrease in crime, compared to November 2010. Overall the City is 17% down in crimes as compared to 2009, for a total 890 crimes. As a result the City, which was previous nationally ranked No. 13 in 2007, was ranked No. 35 in 2009, and most recently the City's national ranking was No. 40. This is significant because up until last year the City had a higher national ranking. He shared Miami Beach was ranked 42 last year, that City received the same ranking this year, which means Miami Gardens was only two points behind them. What is also significant is the City of St. Petersburg national crime ranking went up; this city was previously ranked lower than the City of Miami Gardens. Deputy Chief Miller reported year-to-date burglaries have decreased 23%. He credited the Community Enrichment Team for this success. Sexual assaults are down 31%; to-date robberies are down 11%. When looking at the comparison from 2007, which is the fmal year that Miami-Dade Police Department was providing policing services; the final number of robberies reported was 686. Currently, the City is at 312 robberies, which is approximately a 50% reduction. It is anticipated that next year's crime stats will be significantly reduced, as well. Deputy Chief Miller said crime fighting is not all that the police department does, and shared on last Saturday 124 kids participated in the Shop with a Cop event. Each child got to purchase $75.00 worth of holiday gifts. Immediately after that event the police department delivered appliances to 22 families within the City. Deputy Chief Miller further highlighted the newly created City of Miami Gardens Police Explorer's Program. Twenty-Two participants in this program will graduate next Wednesday. Councilman Williams commended the police department for doing an outstanding job. He inquired about the most recent homicide. Deputy Chief Miller in response to Councilman Williams' inquiry shared that the month of November was indeed a bad month for the City, as it related to homicides. He said last year there were no homicides during the month of November. He shared one of the homicides was domestic related and an arrest has been made in that particular case. Arrests are imminent in the other two homicides. Regular City Council Agenda December 8, 2010 Page 2 CITY COUNCIL MINUTES DECEMBER 8, 2010 Councilwoman Pritchett thanked Deputy Chief Miller for providing the visual information. She said this information is most helpful when sharing the information with the various Crime Watch groups. F-2) Danny O. Crew,City Manager—Five Year Service Pin(s)/Employee of the Month Manager Crew bestowed upon the following employees their five year service pin: Ula Williams, Events and Media Coordinator; Jacquelyn Gardner, Administrative Assistant with the Parks and Recreation Department. Manager Crew recognized Maria Albino, as Employee of the Month for December 2010. F-3) Ronetta Taylor,MMC, City Clerk—Florida Institute of Government IEMO The City Clerk presented Councilwoman Lisa C. Davis with a Certificate for her participation in the Institute for Elected Municipal Officials. This Institute was held October 1-3, 2010, in St. Petersburg, Florida. Councilwoman Davis was commended for taking the leadership role to better serve community. F-4) Elderly Affairs Advisory Committee Quarterly Report Flora Johnson, Chair of the Elderly Affairs Advisory Committee appeared before the City Council to provide the quarterly report. She reported during this reporting period there were two Guess Speakers: Dahlia W. Lockhart, Director of Senior Services— Switchboard of Miami, Inc., and Janine Harris, Relations Manager, Department of Elderly Affairs, State of Florida. The Elderly Affairs Advisory Committee participated in the following activities: Men N' Boobs, Women in Heels Cancer Walk, sponsored by the City of Miami Gardens; Get Healthy Stay Active Live Well Event, sponsored by the Miami Lakes Elderly Affairs Committee; Miami Jewish Health Systems Alzheimer's Awareness Event, sponsored by Miami Shores Jewish Community Center. The Committee also participated in a Community Safety Awareness Forum and anticipates volunteering with the City's MLK event, Elderly Affairs Intergenerational Fashion Show and Community Health Fair. F-5) Commission For Women Advisory Committee Quarterly Report Dannie McMillon, Chair of the Commission For Women Advisory Committee appeared before the City Council to provide the quarterly report. She shared three members of the Commission attended the National Association for the Commission For Women in Washington, D.C., July 2010. She thanked the City of Miami Gardens for its support. She further shared that shirts were purchased for the Commission members to wear when they are out and about representing the "Commission." She extended congratulations to Commission member Karlyn Hylton on the opening of her law practice in Orlando, Florida. She announced the next Commission For Women meeting will take place December 15, 2010, beginning at 6:30 p.m., at the Betty T. Ferguson Community Center, at that time gifts will be donated to a family as part of the Commission's holiday project. (G) PUBLIC COMMENTS Regular City Council Agenda December 8, 2010 Page 3 CITY COUNCIL MINUTES DECEMBER 8, 2010 Flora Johnson, 1910 NW 163`d Street, Road, Miami Gardens, Florida, appeared before the City Council to share comments from the East Bunche Park residents with regard to the Police, Public Works and Code Enforcement Departments. The residents wanted everyone to know that they appreciated the work being done by those departments. Santiago D. Echemerdir, 1441 Brickell Avenue, Miami, Florida, appeared before the City Council and stated he is a principal in a billboard company that has a pending federal lawsuit against the City. He said he was here to tell the Council because he did not have an opportunity to meet with them. He shared that he had the same company that conducted a traffic study and aesthetics analysis for the City of Doral, do one for this area. He wanted to give the Council a platform to discuss where they would want to go with advertisement along the Palmetto. He recounted a workshop session the Council held in 2007 when the moratorium was put in place; and at which time discussions took place as to whether it was feasible to allow advertisement along the Palmetto. He said the City Manager is on record as saying that it was not feasible because the City could not charge the private property owners a fee. He proposed that the billboards could be used to assist the police department with the Amber Alerts. He further shared that at present, every time a permit is pulled for a billboard in the City of Doral a $75,000.00 Permit Fee is charged. He said the City of Doral has limited the number of billboards to 12 for the entire City. He further shared that Clear Channel has a number of billboards along 27th Avenue, which the City would like to clean up. He said Clear Channel can take down four of the billboards along 27th Avenue and in exchange for placing two along the Palmetto. He said in doing this the City has accomplished an Amber Alert, as well as control the number of billboards and their locations. Mayor Gibson said she wanted to be clear about this, and shared that she just spoke to the City Attorney and for clarification, the Judge ruled in the City's favor and Mr. Echemerdir's company has filed an appeal. Mr. Echemerdir confirmed there is an appeal pending, mediation is scheduled for next week. Mayor Gibson said Mr. Echemerdir is taking the liberty to speak to the Council in a setting, which he should not be doing. She said Mr. Echemerdir should be speaking to the City's attorney about this, and opined he is pleading his case before this Council. Mr. Echemerdir said he was not pleading his case. He said he was not here to discuss the litigation but only to speak under public comments. He said he was here to express his views in order to help the Council deliberate. Elesha Smith, 2590 NW 165th Terrace, Miami Gardens, Florida, appeared before the City Council appeared before the City Council to express concern with the fact that she had received a $500.00 citation for a family member parking their commercial vehicle in her driveway. This family member was visiting from out of town. She stated that she is very respectful; of the law, rules and regulations and had she known this was a violation she would not have allowed the vehicle to be parked on her property. She said she was concern because she did not receive a Regular City Council Agenda December 8, 2010 Page 4 CITY COUNCIL MINUTES DECEMBER 8, 12010 warning first,which would have given her time to remove the vehicle from her property. Mayor Gibson directed Ms. Smith to speak with Ms. Ragoona the Director of Building and Code Compliance Department. Councilman Gilbert opined the City's practice is to give a warning and afford an opportunity for the violator to comply before actually issuing the citation. Attorney Dickens said it depends whether the vehicle was blocking traffic. In a situation like that no warning notice is provided. The City does provide opportunities, and the practice is to give a warning notice first. Patricia Lightfoot, 2750 NW 177th Terrace, Miami Gardens, Florida, appeared before the City Council and related an incident where the tires on her vehicle were punctured when she delivered a turkey to the complex on 27th Avenue, directly across from the fire station. She shared she had never visited that complex before and she had driven in through an open gate, which happened to be the exit gate. She emphasized the importance of having the property management place proper signage on the ingress and egress of that apartment complex. She further opined that exit gate should not have been open. Robert Parrish, 1421 NW 1790' Street, Miami Gardens, Florida, appeared before the City Council and recounted an incident involving Miami-Dade County police officers at a Wal-Mart store in the City of Miami Gardens. He asked for the Council's permission to picket outside this particular Wal-Mart store. He asked if there was a protocol to be followed for picketing on the sidewalk. Attorney Dickens said Mr. Parrish should speak with the City of Miami Gardens Police Department as to whether specific requirement was needed to walk on the public sidewalk. Mayor Gibson advised Mr. Parrish to speak with Deputy Chief Miller. Rosetta Rolle Hylton, 20211 NW 42"a Avenue, Miami Gardens, Florida, appeared before the City Council to thank Mayor Gibson and Vice Mayor Aaron Campbell Jr., for their support during a November 7th event. She further thanked the members of the Commission For Women for supporting her daughter (Karlyn Hylton) by traveling to Orlando for the opening of her law practice. Ulysses Harvard, 15800 NW 176' Place, Miami Gardens, Florida, appeared before the City Council and asked whether a study was ever done with regard to the use of Red Light Cameras as a preventive measure. He asked the Council to consider the residents when deliberation on the Red Light Camera item. He further said he hopes the proposed City Hall did not look like the design presented on last week because that particular design looked like a box. He further encouraged a mixed-use development where residents can come out and enjoy outdoor dining, etc. Regular City Council Agenda December 8, 2010 Page S CITY COUNCIL MINUTES DECEMBER 8, 2010 Vanessa Wilcox, 2000 NW 186 ' Street, Miami Gardens, Florida, appeared before the City Council for clarification on the Red Light Camera violations. She opined the public should be educated about the red light camera rules and regulations. Mayor Gibson asked the City Attorney to explain the situation with Mr. Echemerdir, which transpired during public comments. Attorney Dickens explained the City is in litigation and it really is not appropriate for Mr. Echemerdir to come before the Council meeting proposing things. There is a process for doing that. RESOLUTION NO. 2010-199-1381 K-7) 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 INTERLOCAL AGREEMENT FOR THE PROVISION OF INFORMATION TECHNOLOGY SERVICES, WITH THE TOWN OF MIAMI LAKES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Gilbert announced a conflict with this item and recused himself from this discussion. Mayor Gibson said this is an Interlocal Agreement between the City of Miami Gardens and the Town of Miami Lakes. She said this certainly a first for the City and explained Miami Lakes put out an RFP for Technology Support Services to service their government. The City of Miami Gardens' IT Director sat on the Interview Panel for Miami Lakes. The Town of Miami Lakes was impressed with the job the City's IT Director did while serving on the interview panel that they decided to enter into an Interlocal Agreement with the City of Miami Gardens for Technology Support Services. This is a positive initiative and a business contract. She commended the City Manager, his staff and especially Mr. Ron McKenzie, IT Director and his most capable staff. She opined the City can certainly become a leader in providing services to other smaller municipalities. She congratulated the IT Department and its capable staff. She said by reading the resumes of the staff members, as provided in the agenda packet, these individuals are top caliber. Motion offered by Mayor Gibson, seconded by Vice Mayor Campbell to adopt this item. Renee Crichton, Deputy City Manager appeared before the City Council and credited Ron McKenzie for coming up with this innovative idea. She said this is a win-win for the City because the City gets the benefit of another staff person, at no cost for a certain number of hours. She said the city will benefit in the amount of$25,000 annually in administrative cost. Regular City Council Agenda December 8, 2010 Page 6 CITY COUNCIL MINUTES DECEMBER 8, 2010 Councilwoman Pritchett referenced the contract and asked if our IT staff person is made available to the Town of Miami Lakes from 32-40 hours per work how would that benefit the City. Ron McKenzie, IT Director appeared before the City Council in response to Councilwoman Pritchett's question. He said the IT person would be obligated to a total of 30 hours per week. That person will also be an employee of Miami Gardens therefore the other 10 hours will be for the City of Miami Gardens. Councilwoman Pritchett asked Mr. McKenzie to explain how this benefits the residents. Mr. McKenzie in response to Councilwoman Pritchett's inquiry shared the additional 10 hours would be support for the City. Manager Crew further expounded on this matter and shared the direct benefit to the residents is the approximate $25,000.00 profit. Councilwoman Pritchett asked what would happen if both municipalities were to have an IT emergency at the same time. Mr. McKenzie in response to Councilwoman Pritchett's question said obviously the City of Miami Gardens' issue would take priority. Mayor Gibson asked about the duration of this contract. Deputy Manager Crichton said this is a three year contract. There being no further discussion, the motion to adopt this item passed and carried by a 5-1 vote. Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Recused Councilwoman Pritchett: No Councilwoman Robinson: Yes Councilman Williams: Yes Mayor Gibson: Yes (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) 1-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE BORROWING OF THREE MILLION THREE HUNDRED Regular City Council Agenda December 8, 2010 Page 7 CITY COUNCIL MINUTES DECEMBER 8, 2010 SEVENTY-FIVE THOUSAND DOLLARS ($3,375,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA CAPITAL IMPROVEMENT REVENUE BONDS OR THE DELIVERY OF A LEASE OBLIGATION NOT TO EXCEED THREE MILLION THREE HUNDRED SEVENTY- FIVE THOUSAND DOLLARS ($3,375,000); PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS OR LEASE OBLIGATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. Attorney Robert Holland appeared before the City Council as the representative for American Traffic Solutions. He stated for the record what is before the Council tonight has nothing to do with whether you have red light cameras at the intersections or not. The City already has a seven year contract with the provider. There is five years remaining on that contract. The matter before Council tonight is to try to amend that contract to give better terms to the City of Miami Gardens. The current term of the contract provides that the City pay ATS (American Traffic Solutions) out of the proceeds. All funds will come to the City of Miami Gardens. Miami Gardens then pays the State of Florida its portion, and ATS its portion. He said over the next five years, under the current contract, the City will pay ATS over 11 Million Dollars. ATS would like to transfer all the poles with the red light cameras to the City of Miami Gardens for 3.37 Million Dollars. ATS would also pay for the borrowing cost. ATS has also negotiated to change the trigger point from 40% to 20%. The City currently is at its 20% in revenue reduction. Sporty Young 19025 NW 23`d Avenue, Miami Gardens, Florida, appeared before the City Council and asked how many accidents have been prevented by the Red Light Cameras. He opined it is all about the money, which the residents will have to pay. He stated the residents are opposed to this item. Francis Ragoo, 57 NE 187th Street, Miami Gardens, Florida, appeared before the City Council in opposition to this item. He opined the City simply does not have the money and secondly, in order to do this the City would have to borrow the money, which has to be paid back. He further asked who would be responsible for the repair and maintenance of the red light cameras. Denise White, 1210 NW 179th Terrace, Miami Gardens, Florida, appeared before the City Council asked whether the City had a special fund set up for the red light camera revenue. She asked what happens to the money the City has left over once the State of Florida, and ATS has been paid. She further asked whether any studies have been done to determine if the additional 25 red light cameras were needed. She asked if this information is available would like to have a Regular City Council Agenda December 8, 2010 Page 8 CITY COUNCIL MINUTES DECEMBER 8, 2010 copy. She asked under the new State Law how are the tickets mailed. Manager Crew in response to Ms. White's inquiry said the revenue from the red light camera goes into the General Fund. He said information with regard to the study will be provided to Ms. White. Councilwoman Pritchett asked in what time frame would this information be provided to Ms. White. Manager Crew said due the holiday season, the information will be provided within a week or so. He shared there is also a report from the police department saying there has been a decrease of accidents at these intersections. He said as it relates to the tickets, ATS sends the ticket out with the City of Miami Gardens' name on it. Benjamin Essien, 4715 NW 157th Street, Miami Gardens, Florida, appeared before the City Council to express his views about this item. He opined most businesses are in the business of making money and asked why is this company coming to the City of Miami Gardens with this proposal. Janice Coakley, 19681 NW 33rd Avenue, Miami Gardens, Florida, appeared before the City Council opined this was a bad idea from the beginning. The City is stuck with it. She stated that she did not agree with the ticket when making a right turn. She voiced opposition to this item Attorney Holland clarified there are no additional red light camera involved with this item. The turning right on red violations have nothing to do with this item. This has nothing to do with an increase in fines. The fine is set by the State of Florida. The maintenance and repair will always remain with ATS. With this proposal the City stands to save 2 Million or the 11 Million dollars it would be paying over the next five years of the contract. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt this item. Councilman Gilbert stated the Red Light Camera Program generally is a program that gives you a ticket when you run a red light. He said he was in support of the program. He stressed the importance of people obeying the traffic laws. He further conveyed the importance of not using the police officers who are patrolling our streets to prevent burglaries, robberies, etc, to write traffic write traffic citations. He opined that is not the correct priority to have. He said the best way to not get a ticket is to obey the law. He said as for what is before the Council tonight he was not sure, from his perspective, this is for a public purpose. He said when the City goes out for a bond it has to pledge revenues. He said he was not willing to pledge revenues. He said it might be a great deal but he did not think it was the deal for the City of Miami Gardens, at this time. Councilwoman Pritchett asked about the information regarding collisions where the red Regular City Council Agenda December 8, 2010 Page 9 CITY COUNCIL MINUTES DECEMBER 8, 2010 light cameras are located. Mayor Gibson asked the City Manager to have the Deputy Chief break out those numbers and provide a time line when that information will be provided. Vice Mayor Campbell shared when citizens come before this Council and express their views about an issue, the Council listens to them. He stated that he finds it troubling when there is discussion going on, on the dais and individuals in the audience are being disrespectful. He ask that the audience not be disrespectful to the Council and stated if you want us to respect you, then you need to respect us. He said he would not tolerate disrespect from anybody. Deputy Chief Miller appeared before the Council and explained the police department would have to research every accident within a given period of time, at these intersections. This could take several weeks to accomplish, depending on available resources. Councilwoman Pritchett stressed the importance of providing information to share with the residents. She asked whether more cameras could be added to the current contract and if so, how many more can be added. Manager Crew opined more could be added however, it would require Council's approval,which would be an amendment to the contract. Councilwoman Pritchett asked what would the benefit would be to the residents of the City of Miami Gardens to have a company go public, when that company such as ATS does not have its business within the City,nor hires residents from the City. Manager Crew said he did not bring this item to the Council because he was trying to help ATS. He said he brought this item to Council because of the possibility of the City saving almost 2 Million Dollars over the next five years. Mayor Gibson shared that changes in Tallahassee could supersede any agreement the City has with ATS. There being no further discussion,the motion to adopt this item failed by a 0-7 vote. Councilwoman Davis: No Councilman Gilbert: No Councilwoman Pritchett: No Councilwoman Robinson: No Councilman Williams: No Vice Mayor Campbell: No Mayor Gibson: No Please note, Councilman Williams left the meeting at 9:16 p.m. Regular City Council Agenda December 8, 2010 Page 10 CITY COUNCIL MINUTES DECEMBER 8, 2010 (J) RESOLUTION(S)MUBLIC HEARING(S) RESOLUTION NO. 2010-200-1382 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AN AMENDMENT TO THE 2008-09 CDBG-R SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Daniel Rosemond, Assistant City Manager/Community Development Director appeared before the City Council and explained this is a simple amendment transferring money into this particular CDBG fund, which is a part of the American Recovery and Reinvestment Act. The funds will be moved into the infrastructure improvement category so that the City can complete the infrastructure in the Bunche Park area. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt this item. Councilwoman Pritchett mentioned the activity section, which included 33 additional driveways as being part of the infrastructure improvements is not a part of the resolution of the action plan. She asked how can we ensure this information is included. Attorney Dickens suggested amending the resolution to include the language. Councilman Gilbert expressed concern that if the actual number was included and there are cost overruns, which might cause that actual number to not get competed, the City would then be in violation of its Plan. Attorney Dickens said the language "it is anticipated" could be added. Mr. Rosemond said this is the reason general information is provided instead of specific information. Attorney Dickens stated the following language will be added "Whereas it is anticipated that driveways approaches will be installed where none currently are". Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to amend the resolution with the language as provided by the City Attorney. There being no further discussion on the amendment,this motion passed and carried by a 6-0 voice vote. Regular City Council Agenda December 8, 2010 Page 11 CITY COUNCIL MINUTES DECEMBER 8, 2010 There being no further discussion on the motion as a whole, the motion passed and carried by a 6-0 vote. Councilwoman Pritchett: Yes Councilman Gilbert: Yes Councilwoman Robinson: Yes Councilman Williams: Not present Vice Mayor Campbell: Yes Councilwoman Davis: Yes Mayor Gibson: Yes Mayor Gibson opined that Mr. Rosemond and his staff have been doing a wonderful job with the CDBG funds received from the Federal Government. (K) CONSENT AGENDA RESOLUTION NO. 2010-201-1383 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MORPHOTRAK, INC., FOR THE PURCHASE, INSTALLATION, MAINTENANCE AND TRAINING RELATED TO AN AFIS STATION, IN THE AMOUNT OF EIGHTY-NINE THOUSAND FIFTY-NINE DOLLARS ($89,059.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-202-1384 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING VICE MAYOR AARON CAMPBELL JR'S APPOINTMENT OF SONJA MANNINGS TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) RESOLUTION NO. 2010-203-1385 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN LISA C. DAVIS' APPOINTMENT OF DASJA SAINTREMY TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE Regular City Council Agenda December 8, 2010 Page 12 CITY COUNCIL MINUTES DECEMBER 8, 2010 ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) RESOLUTION NO. 2010-204-1386 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN SHARON PRITCHETT'S REAPPOINTMENT OF CAROLYN MAYS TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) RESOLUTION NO. 2010-205-1387 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILMAN ANDRE WILLIAMS' REAPPOINTMENT OF J. PHILLIP TAVERNIER TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION NO. 2010-206-1388 K-6) 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 AMENDMENT TO THE AGREEMENT WITH MIAMI-DADE COUNTY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-207-1389 K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AMENDMENT #4 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI GARDENS, FLORIDA; PROVIDING FOR THE ADOPTION OF Regular City Council Agenda December 8, 2010 Page 13 CITY COUNCIL MINUTES DECEMBER 8, 2010 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR GIBSON'S APPOINTMENT OF J. PHILLIP TAVERNIER TO THE CARIBBEAN AFFAIRS COMMITTEE FOR A THREE-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) This item was pulled from the official agenda by Mayor Gibson RESOLUTION NO. 2010-208-1390 K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AWARDING A BID TO TRANS FLORIDA DEVELOPMENT CORP, IN THE AMOUNT OF TWO MILLION, NINE HUNDRED EIGHTY-ONE THOUSAND, SIX HUNDRED FORTY-FIVE DOLLARS AND THIRTY-TWO CENTS ($2,981,645.32), PLUS A TEN PERCENT (10%) CONTINGENCY FOR A TOTAL AWARD OF THREE MILLION, TWO HUNDRED SEVENTY-NINE THOUSAND, EIGHT HUNDRED NINE DOLLARS AND EIGHTY-FIVE CENTS ($3,279,809.85), FOR COMPLETION OF THE N.W. 7th AVENUE ENHANCEMENTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-209-1391 K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT ALLOWING THE CITY OF MIAMI GARDENS TO PARTNER WITH MIAMI—DADE COUNTY PUBLIC SCHOOLS PROJECT VICTORY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2010-210-1392 K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN FELICIA ROBINSON'S APPOINTMENT OF JIMMIE PARROTT TO THE DR. MARTIN LUTHER KING,JR HOLIDAY STEERING COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Regular City Council Agenda December 8, 2010 Page 14 CITY COUNCIL MINUTES DECEMBER 8, 2010 (SPONSORED BY COUNCILWOMAN FELICIA ROBINSON) 1= 13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY MIAMI GARDENS, FLORIDA AUTHORIZING T-14E DELIV OF A LEASE A S OBLIGATION OF T-14n CITY OF MIAMI SMI GARDENS, FLORIDA FOR T14E PURPOSE OF FINANCING T14E COSTS OF A TDALFIC SAFETY cAA4ERA SYSTEM, AND PAIqNG COSTS OF !SSUANC-E OF THE LEASE f ACCEPTING W14E COMMITMENT OF SUNT-RUST L'QUIPAiiENT FINANCE NCE R. LEASING CORP. (SEFL » TO PRONqDE TIIE FINANCING; APPRO 4NvAND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT WIT-14 A S T.i C; APPROVING AND AUT-14 RIZING EXECUTION AND DELIVERY OF AN ESCROW AGREEMENTf BANK; AWARDING THE LEASE OBLIGATION TO A SEF C-; AND PROVIDING A N EFFECTIVE DATE.(SPONSORED BV THE C-IT-V MANAGER)f K 14) A RESOLUTION OF HE CIT-V COUNCIL OF E !`7�r1 V OF MIAMI GARDENS, FLORIDA AUTHORIZING T14E C-1TV- Ad A N A GE AND CAT-V CLERK AND ATTEST crrr^ nr� RESPECTIVELV f THAT CERTAIN AA4ENDMENT NO. 2 TO T-14E AGREEMENT BETWEEN T-14E QT-V OF MIAA41 GARDENS AND AMERICAN F�`j SOLUTIONS, iNQ ("A TOffl� SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED 14ERETO AS EXHIBIT "A";f OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BV THE QTV MANAGER) Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt the Consent Agenda. This motion passed and carried by a 6-0 voice vote. (L) RESOLUTION(S) RESOLUTION NO. 2010-211-1393 L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPOINTING MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE MIAMI GARDENS EXCELLENCE IN EDUCATION COUNCIL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR GIBSON) Mayor Gibson recounted the relevant issues involved with the creation of the Miami Gardens Excellence in Education Council, which is a 501(C)3. She asked that Council approve this initial Board of Directors. Regular City Council Agenda December 8, 2010 Page 15 CITY COUNCIL MINUTES DECEMBER 8, 2010 Attorney Dickens shared that Regime Monestime serves as a Special Master for the City of Miami Gardens. Although this may not be a legal conflict but the appearance of her serving on a Board for the City and then serving as Special Master, which is supposed to be a neutral. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to select Shirylon McWhorter, Esquire as the Attorney representative for this Board. This motion passed and carried by a 6-0 voice vote. Motion offered by Councilman Gilbert, seconded by Mayor Gibson to select Lourdes Wydra, owner of Lulu's Car Wash as the Business Owner for this Board. This motion passed and carried by a 6-0 voice vote. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this resolution,this motion passed and carried by a 6-0 voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Manager Crew said he needed to expound on one of the items on the consent agenda tonight, which is the total renovation of NW 7th Avenue from 199th Street to NW 183`d Street. This project is being funded from impact fees, therefore, it will not cost the taxpayers any money. It is anticipated it will take approximately one and a half years to complete this very extensive project, which will include totally rebuilding the street as well as installing traffic calming circles. Attorney Dickens wished everyone happy holidays. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert wished everyone happy holidays and asked that they be safe over this holiday season. He shared that he has heard individuals talking about the City's debts and that the City is running out of money. He said this creates a perception not only of the Council but of this City as well and the residents. He opined sometimes just by talking about something an impression can be created. He said the City has bonds to pay for infrastructure and equipment. Money is budgeted to pay for those bonds. This concept is similar to individuals who have mortgages or car loans. He asked individual to be mindful of making certain statements because those statements can create a perception. He opined that the City Manager and his staff has done an excellent job in keeping this city moving forward. The City Council, although all might not agree,has done an excellent job in its deliberations. Councilwoman Pritchett asked for an update on the senior program. She further asked whether there was a projected date to start the NW 7th Avenue Program. Manager Crew said it will probably take 30-60 days to mobilize. This major project will take approximately 18 months to complete. Vice Mayor Campbell suggested notifying the residents in the area of this upcoming Regular City Council Agenda December 8, 2010 Page 16 CITY COUNCIL MINUTES DECEMBER 8, 2010 major road project. Manager Crew said information will be provided to the residents. Vernita Nelson, Assistant City Manager appeared before the City Council in response to Councilwoman Pritchett's inquiry. She said that Ms. Harris from the Community for a Lifetime Initiative would be providing her with copies of surveys from other municipalities, as well as the list of vendors that conducted the surveys. She said most of the surveys were conducted by a university not located within the city's boundaries. She shared that she was trying to engage the two universities located within the City of Miami Gardens. Councilwoman Pritchett asked whether the pool at the Betty T. Ferguson Community Center Complex has been reopened. Mr. Rosemond appeared before the City Council in response to Councilwoman Pritchett's inquiry and shared that the pool was closed for a short period of time due to a problem with the heater but it has been reopened. She further wished everyone happy holiday. Councilwoman Davis wished everyone happy holidays and to be safe. Mayor Gibson too wished everyone happy holidays. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made and carried the meeting adjourned at 9:58 p.m. Atte As ey ibs6n, Mayor onetta Taylor, M , City Clerk Regular City Council Agenda December 8, 2010 Page 17