HomeMy WebLinkAbout10.27.2010 CITY COUNCIL MINUTES OCTOBER 27 2010
CITY OF MIAMI GARDENS
REGULAR CITY COUNCIL MINUTES
OCTOBER 27, 2010
(A) CALL TO ORDER/ROLL CALL
The City Council for the City of Miami Gardens, Florida, met in regular session,
Wednesday, October 27, 2010, beginning at 7:05 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 Aaron Campbell Jr., and Council members Lisa C. Davis, 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
Councilman Gilbert delivered the Invocation.
(C) PLEDGE OF ALLEGIANCE
Pledge of Allegiance recited in unison.
(D) APPROVAL OF MINUTES
D-1) Special City Council Meeting—September 22, 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 6-0 voice
vote.
D-2) Regular City Council Meeting—September 22, 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 6-0 voice
vote.
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
Motion offered by Councilman Williams, seconded by Councilwoman Davis to pull Item
J-2 from the Consent Agenda. This motion passed and carried by a 6-0 voice vote.
Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to pull
item J-4 from the Consent Agenda. This motion passed and carried by a 6-0 voice vote.
Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to approve
the Official Agenda with the necessary changes. This motion passed and carried by a 6-0 voice
vote.
Regular City Council Minutes
October 27, 2010 Page 1
CITY COUNCIL MINUTES OCTOBER 27 2010
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Mayor Gibson—Alzheimer's Association Miami-Dade Memory Walk
Mayor Gibson and members of the City Council presented Mr. William "Bill" Sussman
with a proclamation, commemorating the Alzheimer's Association Miami-Dade Memory Walk
scheduled for Saturday, November 13, 2010, in Coral Gables. Mr. Sussman was afforded an
opportunity for comments.
F-2) Councilman Williams—Amendment 4
Representative Oscar Braynon II; Yolanda Cash-Jackson,Esquire
Councilman Williams emphasized the importance of exercising our right to vote. There
are going to be some important races, as well as Amendments to the Florida Constitution to vote
on at the November 2nd General Election. Amendment 4 in particular is of importance to
residents because this is an amendment that affects the Florida Comprehensive Land Use Plan.
What is Amendment 4? Amendment 4 is a proposed amendment to the Florida Constitution that
would require that before a local government may adopt a new comprehensive land use plan, or
amend a comprehensive land use plan, that the proposed plan or amendment be subject to a vote
of the electors of the local government by referendum. The financial impact cannot be estimated
precisely. However, the official Financial Statement on the measure, indicates that if it is
adopted, whenever there is an amendment to a comprehensive plan, the local government will
incur the expenses related to the requirement for a referendum. The amount of such costs
depends upon the frequency, timing and method of the referenda and will include the costs of
ballot preparation, election administration, and associated expenses. The City Clerk advises that
the estimated cost for a Special Election in Miami Gardens is between $130,000 -150,000. Even
when the City piggybacks with Miami-Dade County, for such an election the cost is
approximately $20,000. There could also be litigation costs. The cost for having these referenda
elections will be paid by the taxpayers. Arguments in support of Amendment 4 are: 1) it adds
another layer of protection against unwanted development; 2) it prevents elected officials from
just rubberstamping speculative plan changes; 3) it protects against rising taxes, failing home
values, gridlocked roads, and dwindling water supplies; 4) it confines growth. Arguments
against Amendment 4 are: 1) it will lead to litigation and delays in city and county business; 2) it
will create a permanent recession. It will lead to increased taxes and unemployment because in
order to pay for the referenda elections, and to combat any litigation, local governments will
have to raise taxes; 3) It will slow down the process of encouraging development in urban areas,
which in turn will negatively affect local governments' ability to offset residential taxes by
commercial development; 4) It will penalize good developers. In 2006, St. Pete Beach adopted a
local version of Amendment 4. The Mayor of St. Pete Beach said the following about the City's
measure: "Since the measure was passed, the residents of St. Pete Beach have endured endless
lawsuits and seen little progress...In St. Pete Beach, any proposed change to our town's
comprehensive plan is thrust into the ballot. Public planning has been replaced with political
infighting and a parade of unintended consequences has ensued. I can only begin to imagine the
kind of chaos Amendment 4 would cause if it were ever forced onto every community in Florida.
After adopting a local version of Amendment 4 it wasn't long before we realized that 600-page
comprehensive plans couldn't easily be condensed into 75 word ballot questions. The elections
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CITY COUNCIL MINUTES OCTOBER 27 2010
are confusing, chaotic and expensive."
The Florida League of Cities is opposed to Amendment 4. However, it would support
legislation that required applicants for comprehensive plan amendments or development orders
to meet minimum requirements established for citizens input and participation as a requisite to
filing an application for a comprehensive plan amendment or development order. The Miami
Herald reports that the Miami-Dade League of Cities, the Broward League of Cities, the Florida
Association of Realtors, and American Planning Association, Florida Chapter, the American
Institute of Architects, the Florida Chamber of Commerce, the Florida Farm Bureau, the Florida
AFL-CIO,the Beacon Council and the Miami Chamber of Commerce all oppose Amendment 4.
State Representative Oscar Braynon II, appeared before the City Council to expound on
the inception of Amendment 4, which was created by a petition. There is a group of
environmentalist that believes that growth had grown out of control and this would be a way to
stop it. A similar proposal has been tried before, more particularly in St. Pete Beach, Florida.
He stated as a citizen he is of the opinion the passage of this amendment would put a financial
burden on the City.
Yolanda Cash-Jackson, the City's lobbyist in Tallahassee, Florida, appeared before the
City Council and shared that in order to have a constitution amendment passed sixty percent
(60%) of the voters has to vote for it. From the polls being conducted it does not appear that this
particular amendment will pass. Furthermore, there is an organized effort against the passage of
this amendment.
F-3) Dr. Danny Crew, City Manager—Employee Recognition
Manager Crew bestowed upon the following employees their five year service pin:
Gillespie E. Brown, Recreation Aide; Jamila A. Gray, Recreation Supervisor; Tangela R. Lynch,
Recreation Supervisor; Joshua C. Rhodes, Recreation Supervisor; Kevin L. Yearby, Recreation
Supervisor, Yolanda Rolle, Permitting and License Clerk, Michelle M. Ash, Recreation
Supervisor; Rodney L. Best, Recreation District Supervisor; Deborah A. Dorsett, Recreation
Supervisor; Lakeela L. Guyton, Recreation Aide II; Brandy M. Jackson, Recreation Supervisor;
Kara T. Petty, Parks and Recreation Director; Rashod A. Smith, Sports Development
Coordinator; Gail White St. Fleur Randle, Recreation Aide; George H. Mitchell, Recreation Aide
II, Tammy L. Williams-Lee Recreation Aide; Derick Murdock, Janitorial Crew Worker; Alice
Waters,Accountant III, and Mark D. Goff, Public Service Worker I.
Youth Violence Prevention Coordinator appeared before the City Council to explain the
campaign "I Love Haters", which means that even though young people are trying to fit in
sometimes when people give them negative feedback, they can still love the people that are
saying negative things about them. This initiative is trying to spread peace. As part of this
campaign a public service announcement will be aired.
(G) PUBLIC COMMENTS
None
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CITY COUNCIL MINUTES OCTOBER 27 2010
(I� ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA,ADOPTING AN AMENDMENT TO
THE CITY OF MIAMI GARDENS' COMPREHENSIVE
DEVELOPMENT MASTER PLAN TO PROVIDE FOR THE
NECESSARY ANNUAL UPDATE TO THE CAPITAL
IMPROVEMENTS ELEMENT, CAPITAL IMPROVEMENTS
SCHEDULE AND PUBLIC SCHOOL FACILITIES ELEMENT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
Manager Crew explained this item provides for the necessary update to the capital
improvement element, capital improvement schedule and public school facilities element.
Motion offered by Councilman Gilbert, seconded by Councilman Williams to adopt this
item on first reading.
There being no discussion, this item passed on first reading by a 6-0 vote.
Councilwoman Davis: Yes
Vice Mayor Campbell: Yes
Councilman Gilbert: Yes
Councilwoman Pritchett: Yes
Councilman Williams: Yes
Mayor Gibson: Yes
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
ORDINANCE NO. 2010-31-239
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI 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. (Vt Reading— October 13, 2010) (SPONSORED
BY THE CITY CLERK
Clerk Taylor explained this item will amend the official agenda format to include a
section for resolutions public hearing after ordinance on for second reading and public hearing.
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CITY COUNCIL MINUTES OCTOBER 27 2010
Mayor Gibson opened the floor for this public hearing. After there were no interested
parties to speak on this item the public hearing closed.
Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this
ordinance.
There being no discussion on this item, the motion to adopt passed and carried by a 6-0
vote.
Vice Mayor Campbell: Yes
Councilman Gilbert: Yes
Councilwoman Pritchett: Yes
Councilman Williams: Yes
Councilwoman Davis: Yes
Mayor Gibson: Yes
ORDINANCE NO. 2010-32-240
I-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. (V Reading — October 13, 2010)
(SPONSORED BY VICE MAYOR AARON CAMPBELL JR.)
Vice Mayor Campbell shared that he noticed that the Sergeant At-Arms provision was
inadvertently left out of the Code of Ordinance, during the codification process. He said this is
simply putting that provision back in the Code.
Motion offered by Councilman Gilbert, seconded by Mayor Gibson to adopt this item.
Mayor Gibson opened the floor for the public hearing. After there were no interested
parties to speak on this item,the public hearing closed.
Councilman Williams stated for the record that the City's Charter includes the Citizens
Bill of Rights, which has a section about a citizen's right to be heard. He conveyed
understanding of why a Sergeant —At-Arms provision is important to maintain order at a
meeting. He said he wanted the residents to know that they have the right to be heard at a
meeting.
There being no further discussion, the motion to adopt this ordinance passed and carried
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October 27, 2010 Page S
CITY COUNCIL MINUTES OCTOBER 27 2010
by a 6-0 vote.
Councilman Gilbert: Yes
Councilwoman Pritchett: Yes
Councilman Williams: Yes
Vice Mayor Campbell: Yes
Councilwoman Davis: Yes
Mayor Gibson: Yes
(J) CONSENT AGENDA
RESOLUTION NO. 2010-169-1351
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST RESPECTIVELY THAT CERTAIN INTER-LOCAL
AGREEMENT WITH MIAMI-DADE COUNTY, AUTHORIZING
MIAMI-DADE COUNTY TO ISSUE FILM PERMITS FOR USE OF
CITY FACILITIES; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
RESOLUTION NO. 2010-170-1352
J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO TAKE ANY AND ALL STEPS
NECESSARY IN ORDER TO DESIGNATE THE BETTY T.
FERGUSON RECREATIONAL COMPLEX AS AN APPROVED
FACILITY FOR INSURANCE COMPANIES THAT PROVIDE
FREE GYM MEMBERSHIPS TO THEIR INSUREDS;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN OLIVER G. GILBERT III)
RESOLUTION NO. 2010-171-1353
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THAT CERTAIN ADDENDUM TO
THE AGREEMENT WITH LOBBYING SERVICES WITH ACADE
AD FAYE ATTACHED HERETO AS EXHIBIT "A" PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
RESOLUTION NO. 2010-172-1354
J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CITY COUNCIL MINUTES OCTOBER 27 2010
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THAT CERTAIN ADDENDUM TO
THE AGREEMENT WITH LOBBYING SERVICES WITH
PALOSKOFF ATTACHED HERETO AS EXHIBIT "A"
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
RESOLUTION NO. 2010-174-1355
J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR
AARON CAMPBELL JR'S APPOINTMENT DENISE DETEUCH
PREHAY TO THE PEOPLE WITH DISABILITIES COMMITTEE
FOR A TWO YEAR TERM; PROVIDING FOR ADOPTING OF
REPRESENTATION; PROVIDING AN EFFECTIVE DATE
(SPONSORED BY VICE MAYOR CAMPBELL JR)
RESOLUTION NO. 2010-175-1356
J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CONFIRMING
COUNCILWOMAN SHARON PRITCHETT'S APPOINTMENT
SHEMELE JENKINS TO THE PEOPLE WITH DISABILITIES
COMMITTEE FOR A THREE YEAR TERM; PROVIDING FOR
ADOPTING OF REPRESENTATION; PROVIDING AN
EFFECTIVE DATE (SPONSORED BY COUNCILWOMAN
SHARON PRITCHETT)
Motion offered by Vice Mayor Campbell, seconded by Councilman Williams to adopt
the Consent Agenda. This motion passed and carried by a 6-0 voice vote.
(K) RESOLUTIONS
RESOLUTION NO. 2010-176-1357
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO MUSCO
SPORTS LIGHTING IN THE AMOUNT OF ONE HUNDRED
TWENTY-FIVE THOUSAND, NINE HUNDRED NINETY-THREE
DOLLARS ($125,993.00), IN ACCORDANCE WITH CLAY
COUNTY, FLORIDA BID #08/09-3, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT "A", FOR SPORTS
LIGHTING FIXTURES AT BRENTWOOD PARK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER)
Regular City Council Minutes
October 27, 2010 Page 7
CITY COUNCIL MINUTES OCTOBER 27 2010
Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to
adopt this item.
Councilman Williams asked the City Manager to explain the process for relying upon the
Clay County, Florida Bid.
Manager Crew explained there are two ways to bid in Florida: One way is to bid the item
out; and the other way is to rely on a bid already established by another entity, that meets the
requirements of state law. The City has used this vendor before. The City is in the process of
standardizing its lighting. The installation portion of this project will be going out for bid.
Councilwoman Pritchett asked whether Musco could have done the installation portion of
this project as well, or would it have been too expensive.
Manager Crew said Musco's bid for the installation was a bit high. He said if Musco was
given that particular job then no vendor from the City of Miami Gardens would have had an
opportunity to bid.
Councilwoman Pritchett shared there are many times when a low bidder is selected and
once the project gets underway change orders are initiated. Therefore, that low bid might cost
more than originally estimated.
Manager Crew explained change orders are caused by a couple of things: Fire
department inspectors unexpected changes, which cost more money; design flaws; hidden utility
lines.
Councilwoman Pritchett asked whether there was a possibility that the installation and
supplies will cost more than the initial lighting.
Manager Crew in response to Councilwoman Pritchett question said he doubted that.
Councilwoman Pritchett said it would be helpful if a projected cost estimate was
provided, as part of the backup documentation.
There being no further discussion on this item, the motion to adopt passed and carried by
a 6-0 voice vote.
RESOLUTION NO. 2010-176-1358
J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH
THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE
ACCEPTANCE OF THE PAUL COVERDELL FORENSIC
SCIENCE IMPROVEMENT GRANT IN THE AMOUNT OF
NINETY EIGHT THOUSAND, THREE HUNDRED SIXTEEN
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CITY COUNCIL MINUTES OCTOBER 2712010
DOLLARS ($98,316.00) FOR THE PURCHASE OF AN
AUTOMATIC FINGERPRINT IDENTIFICATION STATION, A
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A";
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Councilwoman Pritchett asked what is the life of this automatic fingerprint identification
system.
Deputy Chief Miller appeared before the City Council in response to Councilwoman
Pritchett's inquiry. He said he did not know the actual life span of the system. He shared from
his discussion with various individuals this is not an item that is replaced very often.
Councilwoman Pritchett asked about the service maintenance.
Deputy Chief Miller said the first year service and maintenance is included in the
purchase. After that first year, the City will have to budget for the service. The cost is
approximately two thousand dollars.
Councilwoman Pritchett asked what would be the actual number of employees that will
be trained on this system.
Deputy Chief Miller in response to Councilwoman Pritchett's question said currently
there are two Miami Gardens Police Department employees trained.
Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt
this item. This motion passed and carried by a 6-0 voice vote.
RESOLUTION NO. 2010-177-1359
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE
OF A CITY OF MIAMI GARDENS, FLORIDA TAX
ANTICIPATION NOTE, SERIES 2010, IN THE PRINCIPAL
AMOUNT NOT TO EXCEED $5,000,000; PROVIDING FOR THE
PAYMENT OF THE NOTE; ESTABLISHING AN INTEREST
RATE, MATURITY DATE AND CERTAIN OTHER PROVISIONS
CONCERNING THE NOTE; AWARDING THE NOTE TO WELLS
FARGO BANK, NATIONAL ASSOCIATION AT A NEGOTIATED
SALE; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER)
Manager Crew explained Tax Anticipation Notes are similar to overdraft situations but
only applies to a specific time of the year. The City received approximately 5 Million Dollars in
tax revenue in October. However the bulk of the City's money comes in during the months of
December and January. The City will receive approximately 19 Million Dollars in December
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CITY COUNCIL MINUTES OCTOBER 27 2010
from property taxes. Even though by the end of the fiscal year you are generally running low in
cash there is enough to carry you to December because of the reserve. Those reserves act sort of
like a cash cushion. Fortunately and unfortunately the City has been a recipient of almost 30
Million Dollars in grants. The bad thing about a grant is you have to spend the money up front,
and ask for reimbursement after the project has been completed. The City has concluded and
sent in bills the various governments of over six million dollars in reimbursement requests. The
City has over three point one million just with Miami-Dade County. The City has other
reimbursement request in to the Federal government that the City has been waiting on for two
years. What has happened is because the City does not have a large cash reserve. During the
next two months it is anticipated the City will run into a five million dollar negative cash flow.
Manager Crew shared what most cities do in this particular case is issue an Tax
Anticipation Note. The bank will cover this amount until the tax revenues come in. The money
is automatically paid back.
Councilman Gilbert clarified that basically the City will receive its tax revenue in
December and this is something that governments do, just to have in place until the money
comes in.
Manager Crew in response to Councilman Gilbert's comment said that is correct.
Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this
item.
Councilwoman Pritchett said Manager Crew provided definitions in the documentation
however no definition was provided for the Tax Anticipation Note.
Manager Crew said the Tax Anticipation Note is a loan.
Councilwoman Pritchett asked about the interest rate for paying this loan back.
Manager Crew said the interest rate as it stands right now is 1.79%. He reiterated this has
nothing to do with the City's budget. This is a cash flow issue.
Patricia Varney, Finance Director appeared before the City Council and shared that the
interest rate .265; 1.5%has to be added to that. The City is only taxed on the money it uses.
Councilman Williams asked Ms. Varney for her explanation as to why the City needs to
do this.
Ms. Varney said the reason is just as the City Manager has stated. The City is waiting on
reimbursements for the money it has spent out. If the City had received the reimbursements, it
would not have this issue. The problem is there is money owed to the City that has not been
received. Staff has been working diligently trying to collect the moneys owed. The property tax
revenue will secure this Note. This Note will expire the end of January 2011.
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CITY COUNCIL MINUTES OCTOBER 27 2010
Councilman Williams asked what will this money be used for.
Ms. Varney said the money will be used to cover payroll.
Councilwoman Davis asked whether staff has checked on the status of the grants.
Ms. Varney in response to Councilwoman Davis' inquiry said the City anticipates
reimbursement on some of the grants in the very near future. The City is still waiting for
reimbursement on the CDBG grants. The COPS Grant funding should be coming in soon.
Councilwoman Pritchett clarified that Ms. Varney is saying right now the City is in a
negative cash flow for the general operation of the City in order to meet payroll. This Note is
going to help the City meet payroll.
Ms. Varney said as of today, the City still has three million dollars, however the Note
will assist with meeting payroll.
Councilman Williams said he did not understand the timing of this. The Council
approved a budget in October. He said he did not remember reading anything about this in the
budget ordinance.
Manager Crew said this is something that has happened every year. In October and
November the City has never had enough cash for operations. Normally we have not had to do
that because there has been money in the reserve to handle this.
Councilman Williams said he is troubled. He said we had a budget process and now he
hears we cannot make payroll. He questioned the timing of this and is uncomfortable supporting
this item. He opined this should have been addressed during the budget process.
Vice Mayor Campbell said when the budget is approved in September it is done on what
the City anticipates getting. However, it is not known when those revenues will be received. He
said the employees still have to be paid. In order to do that moneys might have to be borrowed
or taken from the reserve until those anticipated revenues are received. He opined this is not a
budget shortfall. It is a cash flow problem,which is two different things.
Councilman Gilbert stated the City has an annual budget, not a monthly budget. He
further shared that he remembered seeing the tax anticipation note in the budget document. It is
fairly common for cities to be placed in this position because not all tax dollars come in at once.
Those taxes come in at different times and as they get paid the funds come into the City.
Councilwoman Pritchett asked if we know that there is going to be a cash flow problem
for the months of October and November, is there anything we can do for 2011 to plan better.
Manager Crew reiterated this has nothing to do with the budget. Normally the City
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CITY COUNCIL MINUTES OCTOBER 27 2010
would not have to do this if the grants had been reimbursed quickly, like in the past. The City is
owed six million dollars that has not been paid. There is always going to be this lag because the
city's fiscal year is October to September whereas the tax year is January to December.
Therefore the property tax money will come in after the City has been operating for two months.
Mayor Gibson said she understands Councilwoman Pritchett's concern about planning
better for next year. However, the Finance Director saw this problem five months out therefore
staff was able to make this Tax Anticipation Note a part of the budget process in anticipation of
the cash flow shortfall. However, another way to plan is to cut services in October, November
and December. The City can also furlough people from working for the months of October,
November and December so that the City can have those funds. Ad Valorem taxes are collected
November of each year. However, the cities do not receive those funds from the tax collector or
at least three months out. The city received a lot of grant funds however the governments require
that the city front the money and then apply for reimbursement. She emphasized that revenues
do not come in like a regular paycheck.
Councilman Williams conveyed understanding on how the city seeks reimbursement
however he is not going to vote in favor of this item. He said he talked about the timing and
perception of this. It does not feel right.
Councilman Gilbert commented on the grants the City has received and shared that the
seniors appeared before the City Council and asked the Council to approve the free food
program. He shared the City had to upfront that money for the free food program, which is a
part of the Community Development Block Grant Dollars. The City had to upfront the COPS
Grant as well. The programs the city had to upfront the money for, the City is actually paying
for have a direct instant impact on the community. He said this is maybe something to consider
when authorizing the City Manager to pursue the grants because a condition of the grant is that
the City upfront the money. The government is slow sometimes in reimbursing cities. He
concurred with Councilman Williams' statement about the perception being bad. He said he was
going to support this item because the perception would be a lot worse if the city did not make
payroll in November and December.
There being no further discussion this item passed and carried by a 4-2 vote.
Vice Mayor Campbell: Yes
Councilman Gilbert: Yes
Councilwoman Pritchett: No
Councilman Williams: No
Councilwoman Davis: Yes
Mayor Gibson: Yes
RESOLUTION NO. 2010-17-1360
K-2) 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
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CITY COUNCIL MINUTES OCTOBER 2712010
COUNTY COMMISSIONERS FOR THE CREATION OF A
STREET LIGHTING SPECIAL TAXING DISTRICT FOR THE
VENETIAN GARDENS AREA, AS SHOWN ON EXHIBIT "A"
ATTACHED HERETO; APPROVING SUCH ACTION BY THE
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS PURSUANT TO CHAPTER 18 OF THE
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 COUNCILMAN OLIVER
G. GILBERT III)
Councilman Gilbert explained this item would make a Street Light Special Taxing
District specific to the Venetian Gardens area. This would urge the County Mayor to petition the
County Board of County Commission Venetian Gardens a taxing district. This would actually
go to the residents for a vote. He shared that he attended a crime watch meeting in this area and
it is exceedingly dark in this area. He asked his colleagues to support the passage of this
resolution.
Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt this
item.
Councilwoman Pritchett said it this item is approved it will not only affect Venetian
Gardens but another community adjacent to it. She asked for clarification as to whether all the
affected parties will have an opportunity to vote on this matter.
Councilman Gilbert said all the residents in Venetian Gardens and the adjacent
community will have an opportunity to vote on this item.
Councilwoman Pritchett asked whether someone check with FP&L about the wattage of
the existing lights in this area.
Tom Ruiz, Public Works Director appeared before the City Council to respond to
Councilwoman Pritchett inquiry. He said the lights in question are security lights. In cases
where the lights are out the residents could call FP&L to have the bulbs replaced, if the resident
is paying for it. If the resident is not paying for the light FP&L will disconnect the light.
Councilman Gilbert clarified that the lights in this area are FP&L lights, which are
security lights,which the property owner pays a month maintenance fee for.
Vice Mayor Campbell said there are two different things being discussed. There is the
Special Taxing District Street lighting, and there is the security lighting provided by FP&L,
which that property owner pays a monthly fee for, a part of that individual's light bill.
Councilwoman Pritchett asked what is the contingency plan if the event the Miami-Dade
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October 27, 2010 Page 13
CITY COUNCIL MINUTES OCTOBER 2712010
County Mayor decides to not petition the Miami-Dade County Commission to implement a
Special Taxing District for the Venetian Gardens and adjacent community.
Mayor Gibson recounted the residents of Venetian Gardens initially started a petition
drive to get the required number of signatures to implement a Special Taxing Lighting Distrit.
They were unsuccessful because not everyone would sign the petition. The Venetian Gardens
residents then turned to the City for help. Staff brought forth an initiative to make the entire City
a Special Taxing District. Residents can out in opposition that that initiative because they did
not want to be taxed. She opined if this particular action does not work then those individuals
will continue to live in the dark. She said this is not only a problem that is unique to Venetian
Gardens. There are areas on the Westside of the City in similar situations.
There being no further discussion the motion to adopt this item passed and carried by a 6-
0 vote.
Vice Mayor Campbell: Yes
Councilman Gilbert: Yes
Councilwoman Pritchett: Yes
Councilman Williams: Yes
Councilwoman Davis: Yes
Mayor Gibson: Yes
(M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
M-1) City Manager's Monthly Report
Manager Crew report on the City's Bond situation during his New York trip, and shared
it was a very difficult situation. Apparently every city and county in the nation is in the market
right now. Everybody is trying to beat two deadlines: 1) the election in two weeks, and 2) the
deadline for Build America Bonds is December 31 St. However, the City has its funding for the
City Hall.
Clerk Taylor announced that she will be partnering with Greater New Bethel Baptist
Church to accept passport application during its health fair, Saturday, November 6, 2010 from
10:00 am to 1:00 p.m.
(N) REPORTS OF MAYOR AND COUNCIL MEMBERS
Councilman Gilbert shared at the last City Council Meeting he sponsored the Miami
Gardens Bowl, which would go to the winner of the football game. The Bowl was presented to
the winner (Miami Norland Senior High School) of this year's game on last week. He further
announced the Family Fall Festival will take place this coming Sunday, at Sun Life Stadium.
The festival is being sponsored by Sun Life Stadium, Antioch Baptist Church, and starts at 4:00
p.m. He encouraged everyone to get out to vote.
Vice Mayor Campbell asked for a report on the outcome of the meeting staff had with the
residents regarding the senior citizens program at the parks.
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CITY COUNCIL MINUTES OCTOBER 27 12010
Daniel Rosemond, Assistant City Manager appeared before the City Council in response
to Vice Mayor Campbell's inquiry. He shared the outcome of the meeting, staff provided
ballots so that the individuals could vote on which level of membership they wanted. Over
eight-five percent of the members present wanted either the silver or gold membership. There
were about 30-40 individuals who wanted to remain in their individual parks.
Councilwoman Pritchett asked for a status report about whether Ms. Harris, with the
Department of Elderly Affairs in Tallahassee, Florida would be coming to the City, and if so
when.
Vernita Nelson, Assistant City Manager appeared before the City Council in response to
Councilwoman Pritchett's inquiry. She referenced an email sent to Councilwoman Pritchett on
October 21St relating to a public records request. She shared that she contacted Ms. Harris about
attending an Elderly Affairs Advisory Committee Meeting as well as a City Council meeting to
talk about the Community for a Lifetime initiative. Ms. Harris has put in a travel request for
November 10, 2010 for that purpose. At this point Ms. Harris is awaiting a response from her
director.
Councilwoman Pritchett said when this information is known can applicable information
be provided to the public.
Ms. Nelson also shared that a special meeting of the Elderly Affairs will take place,
which will require special posting by the City Clerk.
Councilman Williams asked about the status of the criminal background hiring policy.
Manager Crew in response to Councilman Williams' inquiry said the HR Director is
working on this policy. He further announced the Foreclosure Prevention Clinic will take place
on November 9, 2010, at the North Dade Regional Library, from 6:00 p.m. —8:00 p.m.
Councilwoman Davis announced she is sponsoring a Turkey Drive, Saturday, November
20, 2010. A committee is being put together to establish the criteria for receiving the turkey.
She asked that anyone needing further information to contact her office on tomorrow.
(0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
None.
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CITY COUNCIL MINUTES OCTOBER 27 2010
(P) ADJOURNMENT
There being no further discussion, to come before this Body, and upon a motion being
duly made, the meeting adjourned at 9:00 p.m.
Attest:
Shirley aibson, Mayor
onetta Taylor, C, City Clerk
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October 27, 2010 Page 16