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March 25, 2009CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MARCH 25, 2009 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, March 25, 2009, beginning at 7:20 p.m., in the City Council Chambers, 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Barbara Watson and Council members Aaron Campbell Jr., Melvin L. Bratton, Andre Williams, Sharon Pritchett and Oliver G. Gilbert III. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation delivered by Mr. Robert Ham. (C) PLEDGE OF ALLEGIANCE Pledge of Allegiance recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes -March 11, 2009 Motion offered by Councilman Bratton, seconded by Vice Mayor Watson to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to pull Items J-1; J-2; and J-5 from the Consent Agenda. The motions passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mr. Nelson -Big Brothers Big Sisters Mr. Nelson appeared before the City Council to highlight the wonderful opportunities being afforded to the participants as well as the mentors in the Big Brothers Big Sisters program. Approximately 200 students within the City of Miami Gardens are being serviced, which is far too low. He stated that he was proud of the relationship with Carol City High School, which provides high school students to mentor at the elementary school level. He encouraged a municipal partnership between the City of Miami Gardens and Big Brothers Big Sisters. Language was provided for this purpose. The cost to the City of Miami Gardens would be $1,500.00. Regular City Council Minutes March 25, 2009 Page 1 F-2) Mayor Gibson -Florida International School of Medicine Mayor Gibson shared that Florida International University is starting its own medical school in August. The School has selected the City of Miami Gardens for a unique partnership; medical mentoring almost on a one-on-one basis. Virginia Harvin, a representative of Florida International School of Medicine appeared before the City Council to expound on this unique program. She said the School's mission is to work together with South Florida to serve as a model for the next generation of medical education, and elevate the level of care available to the community. She recounted the State Legislature in 2006 after research decided there were not enough physicians in Florida. The Legislature subsequently passed legislation stating there should be two additional public universities for medical school. One public university is located in Central Florida, with the second one being located at FIU. The first class for this new medical school will begin August 2009. Florida International School of Medicine's program is unique in that it pairs medical students with families within the community, to offer them medical and health education, and to intervene in problems identified. The first class will consist of 43 students. Starting August 2010 the students will be assigned to families within the community, and remain with that family for the next three years of their medical training. The students will along with other faculty members as a team, assess the families' needs. Community resources will be provided by the various partnerships being formed between FIU and community based organizations Ms. Harvin said the benefit for the community includes a baseline assessment of the needs of the community. This information will be shared with the City Council at a later date. Mayor Gibson shared she has known Ms. Harvin for many years. Ms. Harvin is a very dedicated member of this community. She stated that she wanted to get a consensus from her colleagues about this program and City of Miami Gardens becoming partners with FIU. Councilman Williams opined this is a wonderful idea. He commended FIU's efforts in bringing this program to Miami Gardens, and asked how will the families be selected. Ms. Harvin in response to Councilman Williams' question said a baseline assessment is being done on many families. Further selection will be done after meetings with the schools, police department, and churches to help refer the families. Councilman Williams shared there is a large uninsured population in Miami Gardens. Ms. Harvin said health care information will be provided to those uninsured residents. FIU actually will not be providing the health care, but will refer the families to those resources. Motion offered by Vice Mayor Watson, seconded by Councilman Williams to be supportive of initiative of FIU Medical School, for the community and the City of Miami Gardens. This motion passed and carried by a 7-0 voice vote. Regular City Council Minutes March 25, 2009 Page 2 F-3) City Manager Danny Crew -Five Year Service Pens Manager Crew presented Tsahai Codner, Keep Miami Gardens Beautiful Director, and Elena Verona, Buyer with the Procurement Division with Five Year Service Pens and Certificates of Appreciation for their five years of dedicated service to the City of Miami Gardens. F-4) Tsahai Codner, Award Presentation -KMGB Public Service Announcement Participants Tsahai Codner, Keep Miami Gardens Beautiful Director appeared before the City Council to present Certificates of Appreciation to those individuals who participated in the Keep Miami Gardens Beautiful Public Service Announcement. F-5) Councilwoman Pritchett - Norland Girls Basketball State Champs Councilwoman Pritchett, along with Mayor Gibson and members of the City Council presented the Lady Vikings Basketball State Champs, coaches and support staff with plaques and a trophy for the team's exemplary accomplishment. David Williams Jr., a representative of the Children's Trust appeared before the City Council to present a Certificate of Special Recognition from the Children's Trust to the Lady Viking Basketball State Champs. Vice Mayor Barbara Watson on behalf of the Junior Council and the Miami Gardens Kiwanis presented to the Basketball Team members tickets to the next Miami Heat Basketball game. F-6) William Alonso, Finance Director -February 2009 Budget Status Report William Alonso, Finance Director appeared before the City Council and announced this report is comprised of the first five months of this fiscal year. During February there were a couple of budget amendments made: 1) General Fund was amended to account for the 7.3 Million Dollar Debt executed with Wachovia Bank for the purchase of the 15 acres of Land, the Warren Henry property; 2) Both the General and Debt Service Funds were amended in order to account for the $158,653 Debt Service Note due August 9`"; 3) Capital Projects Fund was amended to account for the $620,315 Grant received from the Florida Department of Environmental Protection. Those funds will be used for Stormwater Projects. In addition, an amendment was also done to record $812,843 in Urban Area Security Initiative Funds. Those funds came from Homeland Security. He said the City is in good shape. Revenues are projected to be slightly higher than what was budgeted. There are other revenue sources that have been coming in and doing better than expected. Financial indicators suggest the City is doing 1.15% higher than the benchmark. He stated the City is in a healthy financial position at present. Councilman Williams commended staff for this excellent report. He commented the City of Miami Gardens is fortunate to have a good city manager and finance director. He conveyed understanding of the rise in health care cost for municipalities and their employees. He asked how the City maintains control over health care costs. Mr. Alonso said the City is projecting a ten percent increase in health insurance cost for Regular City Council Minutes March 25, 2009 Page 3 next fiscal year. Manager Crew in response to Councilman Williams' question shared the City went out for bid two years ago for health insurance. At that time, the City got a really good price. Prior to that the City was a part of Miami-Dade County's system. Mayor Gibson asked whether the preventative aspect have anything to do with the health insurance quotes. Manager Crew in response to Mayor Gibson question stated at this point there is no component he is familiar with revolving preventative measures. The City's insurance carrier provides more in terms of preventative measures than most insurance carriers. F-7) Kara Petty -Award Presentation Park's Maintenance Team Kara Petty, Interim Parks and Recreation Director appeared before the City Council to recognize and present the Park's Maintenance Team with applicable recognition for their hard work and outstanding accomplishments. F-8) Mayor Gibson -Proclamation -Women's History Month Mayor Gibson proclaimed the month of March as Women's History Month and presented the proclamation to Carolyn Nelson-Goedert, Chair of the Miami Gardens Commission For Women. (G) PUBLIC COMMENTS Willie Dykes, 3460 NW 205th Street, Miami Gardens, Florida, appeared before the City Council to express concern with the infestation of bees in his neighborhood. He said the cost to a resident for the bee removal is $350.00. He opined the City should have a system whereby a select group of bee keepers commissioned by the City of Miami Gardens are on hand to handle the situation. He further expressed concern with loitering in the park on NW 207th Street and 32°d Avenue. He said the children have to walk over individuals to get to the elementary school. He opined individuals should not be allowed to congregate along that wall, next to that elementary school. Beverly Washington, 540 NW 179th Street, Miami Gardens, Florida, appeared before the City Council to introduce a new business owner to the community, Mr. Mitch Rampersad of Prestige Mitch Rampersad, of Prestige 17200 NW 2ndAvenue, Miami Gardens, Florida appeared before the City Council to talk about his auto body repair shop. Loretta Ham, 17731 NW 15th Court, Miami Gardens, Florida, appeared before the City Council to announce that the Elderly Affairs Advisory Board will be hosting two events: International Fashion Show, Sunday, April 19, 2009, beginning at 4:00 p.m., at the Marin Center, 15701 NW 37th Avenue, and the Third Annual Health Fair, Thursday, April 30, 2009 9:30 a.m. - 12:30 p.m. ,., North Dade Regional Library, 2455 NW 183 Street, Miami Gardens. Regular City Council Minutes March 25, 2009 Page 4 Sharon Frazier-Stephens, 145 NE 193`d Street, Miami, Florida, appeared before the City Council to express concern about the threat of losing Miami Norland High School due to low GPA. She expressed dissatisfaction with the lack of interest shown by parents and residents of this community as it relates to the children and the education being provided. She asked for the City's show of support for those individuals traveling to Tallahassee to fight the decrease in the Miami-Dade County Public School budget. She further asked if there was any type of assistance for small businesses located within the City of Miami Gardens through the City's Community Development Office. Mayor Gibson in response to Ms. Frazier-Stephens comments stated that she knows Ms. Frazier Stephens is aware of the struggles Miami Gardens has as well as other communities with similar makeup, as it relates to participation by parents. The issue is beyond the City Council. This is the type of conversation that needs to take place where there is community dialogue. It is the community that needs to be involved and partner with the schools. There are businesses within the City of Miami Gardens that have donated money to the schools located within the boundaries of Miami Gardens. Furthermore, there are churches in this community that have partnered with the schools and have committed to work with the children. Mayor Gibson said in response to the small business issue that Mr. Daniel Rosemond has reached out to the small business community. There will be Stimulus Funds available to assist the small business. However, if the small businesses are not ready to engage in this process of the Stimulus Funds, they still will not get any help. It is critical that the small business owner will need to be ready to engage. Mayor Gibson stated it is imperative for all of us to work together to make things happen because it is not something the Council can always do by itself. Councilwoman Pritchett thanked Ms. Frazier-Stephens for her outstanding community involvement. She said there is not a better advocate for all of the children within the City of Miami Gardens than Ms. Frazier-Stephens. Theresa Homor, 11380 NW 27th Avenue, Miami Gardens, Florida, appeared before the City Council to solicit support for the HBCU Law Enforcement Conference on July 7-10, 2009, at Florida Memorial University. Rhetha Boone-Fry appeared before the City Council to further expound on the HBCU Law Enforcement Conference. Councilwoman Pritchett asked what type of assistance was being asked of the Council. Ms. Homor said any donations would be appreciated. Councilwoman Pritchett asked what type of assurance would be given that any donations made by this Council would go specifically towards scholarships for students attending Florida Memorial University. Regular City Council Minutes March 25, 2009 Page 5 Ms. Homor said two (2) students have actually been identified to receive the scholarships. Mayor Gibson informed Ms. Homor that the City would be contacting her shortly with an answer. Evelyn Peters, 2515 NW 166th Street, Miami Gardens, Florida, appeared before the City Council to voice opinion about the City's Charter. She indicated the document she picked up at the Charter Revision Commission Meeting had several scrivener's errors. She said it appeared from what she heard at the Charter Revision Commission meeting that no one understood the meaning of certain sections of the Charter. She suggested that perhaps someone who was instrumental in the initial process could be on hand to interpret what the original intent was. She further recommend a Scrivener's Error committee be formed to review the document and interpret and present their interpretation to the Charter Revision Commission so that they will have a better understanding of what the document meant at the time it was written. Mayor Gibson informed Ms. Peters that the Charter Revision Commission is the Committee established to review the Charter and make whatever recommendations it deems necessary to the City Council. Attorney Dickens explained there were two (2) documents handed out at the last meeting. One is the actual Charter, the other prepared by the Clerk's office, which is a word document to provide line and page numbers. That document has some typographical errors because of the retyping. Clerk Taylor interjected to state the document was not retyped. It was converted from PDF, but not retyped. Attorney Dickens explained when the document was converted from PDF to word some of the words are not picked up. The City Clerk provided both documents, more specifically the word document so that there would be line references. Mayor Gibson stated the Charter allows for the fact that there might be scrivener's errors. This does not mean that the document is wrong because there is a scrivener's error. It really lends itself to what would be correct interpretation. She conveyed hope that everyone would have a level of comfort even though there were scrivener's errors. Vice Mayor Watson stated that the City Attorney and Mayor Gibson as well as the City Clerk have addressed the issue of scrivener's error. However, Ms. Peters indicated there were sections of the Charter that were in conflict with each other, or the appearance of contradictory. Mayor Gibson asked that the Council members not discuss the Charter issue. She emphasized those concerns need to be addressed by the Charter Revision Commission. She asked that the process be allowed to take its course. When it comes back to this Council that will be the time to look at some of the issues in the Charter. Regular City Council Minutes March 25, 2009 Page 6 Councilman Gilbert opined the City Council is the ultimate body that will determine any interpretations in the Charter. Manager Crew shared, on a side note there will be a Charter election in the City either June or July 2009, put on by Miami-Dade County to get rid of the Specialized Police. (H) ORDINANCE(S) FOR FIRST READING None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE N0.2009-10-182 (I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN OPTION AGREEMENT WITH WARREN HENRY ACQUISITIONS, LLC, FOR THE PURCHASE OF CERTAIN PROPERTY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, IN FINAL FORM AS THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew shared that the copy before Council tonight has the changes that were discussed at the last meeting. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing was closed. Motion offered by ~1ice Mayor Watson, seconded by Councilman Campbell to adopt this item. Motion offered by Councilman Gilbert, seconded by Councilman Williams to amend Section 18.2 of the Option agreement to read "in the event this transaction fails to close on the closing date due to a default on the part of Buyer or in the event Buyer fails to pay any option payments when due in accordance with the option payment schedule attached hereto, and such failure remains uncured by Buyer for five (5) calendar days after written notice of such failure given by Seller, this contract shall be deemed terminated, and Seller shall retain all of the Option Payments... Councilman Gilbert this would attach this to the date schedule as opposed to the final day of the contract. Regular City Council Minutes March 25, 2009 Page 7 There being no further discussion on this amendment, the motion to approve the amendment, passed and carried by a 7-0 voice vote. Councilwoman Pritchett said initially the Council was told this agreement would be for a two year period, and at that time, if Warren Henry had not secured financing, the City would own the property. However, the information being provided tonight indicated this agreement would be for a two year period, with an additional one year renewal. She further said Councilman Gilbert had asked for a property appraisal, which she has not seen. She opined the Council is being asked to vote on something without specific information. Manager Crew said the appraisal was given to Council approximately one month prior. The appraised value was 9.3 Million Dollars. The purchase price is 7.3. He further stated that when working on the option agreement you are really negotiating. One of the things the staff wanted to have in the option agreement if the option is exercised and appraisal indicated the property is worth more than the 9.3, the City will share in that increase in value. In exchange for that, Warren Henry asked for an additional year as an option. Councilwoman Pritchett made reference the Section 6 of the Option Agreement, more specifically the Survey and the language "Permitted Exceptions." She said when she looked at the section of the document where this information should have been it is not included. Manager Crew referred Councilwoman Pritchett to page 17 of the Option Agreement. Councilwoman Pritchett said that she was concerned because on page 17 of the Option Agreement there were several items that have been "Intentionally Omitted." Attorney Dickens said the "Intentionally Omitted" provision refers to things that are not to be considered. She explained when the City purchased the property from Warren Henry these are some of the things the City Intentionally Omitted. She explained all the City is doing is giving those things back that were given to the City when the property was purchased. Councilwoman Pritchett expressed concern with the language found on page 1 of the Ordinance, more specifically Section 2. Approval of Option Agreement, lines 45-47, and page 2, lines 1-3, which provides that "The Mayor is hereby authorized to execute and deliver the Option Agreement on behalf of the City, and the Clerk is authorized to place the City's Seal thereon and attest hereto, in substantially the form presented at this meeting, with such changes, modifications, deletions and insertions as the Mayor, with the advice of the City Attorney may deem necessary and appropriate. " Attorney Dickens when the City Clerk read the title into the record, she stated that this was in final form. The Council is not considering a document in substantial form tonight. What is being presented is the final form. She said there will be no additional changes, and if there are those would be typographical. She said the ordinance should be amended to indicate final form. Vice Mayor Watson asked for clarification as to what the amendment would be for the Regular City Council Minutes March 25, 2009 Page 8 ordinance. Attorney Dickens stated as it relates to the amendment, the first sentence in Section 2 can be deleted. The sentence would then start with "The Mayor is hereby authorized to execute the Option Agreement attached hereto as Exhibit "A", on behalf of the City, and the Clerk is authorized to place the City's Seal thereon and attest hereto. Such execution and delivery shall be conclusive evidence of the approval thereof by the City." Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to amend section 2 of the Ordinance. This motion passed and carried by a 7-0 voice vote. There being no further discussion on the item as a whole, the motion to adopt passed and carried by a 6-1 vote. Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yea Councilwoman Pritchett: No Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yea (J) CONSENT AGENDA RESOLUTION N0.2009-67-1012 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN VEHICLE USE/LEASE AGREEMENT WITH THE NATIONAL INSURANCE CRIME BUREAU FOR USE OF A "BAIT VEHICLE" FOR POLICE DEPARTMENT INVESTIGATIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-68-1013 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN EARLY CARE PROVIDER AGREEMENT FOR SCHOOL READINESS SERVICES WITH THE EARLY LEARNING COALITION OF MIAMI- DADE/MONROE FOR FUNDING OF THE CITY'S SHINING STARS AFTER-SCHOOL PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE Regular City Council Minutes March 25, 2009 Page 9 ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-69-1014 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., FOR PAYMENT OF AN ADDITIONAL THREE HUNDRED SIXTY-EIGHT THOUSAND, SIX HUNDRED THIRTY-ONE DOLLARS ($368,631.00) FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-70-1015 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CANCELING THE APRIL 1, 2009 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilman Campbell to adopt the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (K) RESOLUTION(S) RESOLUTION N0.2009-71-1016 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN FUNDING AGREEMENT AND ALL ATTENDANT DOCUMENTS WITH THE FORT LAUDERDALE UASI, FOR GRANT FUNDING IN THE AMOUNT OF THIRTEEN THOUSAND SIX HUNDRED NINETY DOLLARS AND 15/100 ($13,690.15), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett asked for clarification purposes whether funds for this grant would be allocated from 2007 Fiscal Year Budget. Manager Crew explained there is two sets of money that UASI has. The first money was allocated quickly. In this particular case it took longer to figure out how much and who would Regular City Council Minutes March 25, 2009 Page 10 get what. Generators were purchased with the initial money. These funds would take care of the actual installation of the generators. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this item. At the conclusion of the discussion, the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION N0.2009-72-1017 J-2) 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 CONTRACT AMENDMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS, RELATING TO INMATE WORK PROGRAMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett recounted her objection to objection to the Florida Department of Corrections providing this service. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 6-1 vote. Councilwoman Pritchett cast the dissenting vote. RESOLUTION N0.2009-73-1018 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., FOR PAYMENT OF AN ADDITIONAL THREE HUNDRED SIXTY-EIGHT THOUSAND, SIX HUNDRED THIRTY-ONE DOLLARS ($368,631.00) FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett asked for an explanation. Manager Crew explained the change order represents work that had to be done because the first set of plans were not correct. The Professional Liability Insurer for the first contractor has been put on notice. These charges will be dealt with under that Liability Insurance. Regular City Council Minutes March 25, 2009 Page 11 Attorney Dickens said the City is in litigation with the first contractor, and is hoping to recap its expenses. Manager Crew said not one hundred percent of the change order is a result of the first set of plans. Some of the changes are a result of staff's re-evaluation of the plans. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this item. At the conclusion of this discussion, the motion to adopt passed and carried by a 7-0 voice vote. (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager's Monthly Report Attorney Dickens reported briefly on a litigation matter, which has a Motion to Dismiss set for Apri122, 2009. (M) REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Watson invited everyone to come out to the Jazz in the Gardens Event. Councilwoman Pritchett shared that members of the City Council visited representatives and senators during their trip to Washington, D.C., to solicit funds on behalf of the City of Miami Gardens. She stated that the Council members present really worked as a team during this endeavor. Councilman Gilbert acknowledged Stephanie Saenz, Special Events Coordinator for her hard work during his sponsored Health Fair initiative. He further invited everyone out to the Bid Whist Tournament scheduled for Friday, March 27, 2009 from 10:00 a.m. - 3:00 p.m., at Audrey J. King Park. Councilman Campbell shared that his appointee to the Charter Revision Commission had expressed concern with some individuals attending the meetings was very disorderly and disrespectful. He said his appointee wanted to know how could this issue be dealt with. Mayor Gibson said a police officer could be assigned to be present at these meetings. Mayor Gibson thanked Councilwoman Pritchett for the report on their trip to Washington. She said there was certainly a team effort. She said there are a lot of things happening in Florida that will impact how cities and towns are governed. She emphasized the things that are happening in Tallahassee needs the residents' attention. There are a lot of potential legislation in Tallahassee, that if passes will be detrimental to municipalities. She encouraged residents to go to the State's website and keep abreast of what is up for discussion in Tallahassee. She further encouraged residents to talk to their Tallahassee representatives. Mayor Gibson reported that she had spoken with Representative Braynon about the House Bill his is sponsoring relating to the half penny sales tax (surtax). She said she was Regular City Council Minutes March 25, 2009 Page 12 informed that there were some changes made in Committee. The change requires that Miami- Dade County must go back and deal with any newly incorporated cities. This language has strengthened the proposed legislation. Mayor Gibson invited everyone out to the Jazz in the Gardens event scheduled for Saturday, March 28t" and Sunday, March 29tH (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (O) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made, the meeting adjourned at 9:27 p.m. S ' le ibs n, Mayor Attest: Ronetta Taylor, MNIC; City Clerk Regular City Council Minutes March 25, 2009 Page 13