HomeMy WebLinkAboutMay 27, 2009CITY OF MIAMI GARDENS
REGULAR CITY COUNCIL MINUTES
MAY 27, 2009
(A) CALL TO ORDER/ROLL CALL:
The City of Miami Gardens City Council met in regular session on Wednesday, May 27,
2009, beginning at 7:15 p.m., in the City Council Chambers, 1515 NW 167`h 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., Andre Williams, Melvin L.
Bratton, 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:
Delivered by Dr. Lester Brown.
(C) PLEDGE OF ALLEGIANCE:
Recited in unison.
(D) APPROVAL OF MINUTES:
D-1) Regular City Council Minutes -May 13, 2009
Motion offered by Vice Mayor Watson, seconded by Councilman Campbell 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 Vice Mayor Watson to pull
Item J-1) from the Consent Agenda. This motion passed and carried by a 7-0 voice vote.
Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton to pull
Item J-2) from the Consent Agenda. This motion passed and carried by a 7-0 voice vote.
Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Watson to pull
Item J-4) from the Consent Agenda. This motion passed and carried by a 7-0 vote.
Councilman Williams requested to have Item F-2) moved to be heard after F-5).
Manager Crew requested that a Special Presentation be placed on the agenda to be heard
before Item F-1).
Regular City Council Minutes
May 27, 2009 Page 1
Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Watson to approve
the official agenda, with the necessary changes. This motion passed and carried by a7-0 voice
vote.
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-0) Special Presentation - Dr. Danny Crew, City Manager
Manager Crew recounted two years ago the City instituted the highest award (Spirit of
Miami Gardens Award) to be given to any resident for their dedication to the betterment of the
City of Miami Gardens. Last year the first winner of the award was Mayor Gibson, which the
Council unanimously approved. As Mayor Gibson was one of the actual founders of the City.
This year the Council voted to award the Sprit of Miami Gardens Award to another individual,
which the Mayor will present.
Mayor Gibson stated this is a great award to give to someone in the City who exemplifies
the spirit that we think highlights everything that Miami Gardens is about. She said it is an
honor to recognize those who work hard and help us to be all that we can be. She added that she
did nominate this individual and is proud of this individual.
Mayor Gibson presented the Spirit of Miami Gardens Award to Dr. Lester Brown.
F-1) Mayor Shirley Gibson -Rwandan Sister City
Mayor Gibson shared that she had a meeting with two representatives about the City
becoming a sister city with Rwandan. And having that conversation she told them that they
should come before the Council with a short presentation.
Charles S. Kasaana, Executive Director of Rwanda American Chamber of Commerce,
appeared before the City Council. Mr. Kasaana stated that he decided to contact Mayor Gibson
about the idea of becoming a sister city of Rwandan due to the economic values in trade
promotions, investments promotion, and research for peace and prosperity. He invited the City
of Miami Gardens to become a sister city of Rwandan.
Mayor Gibson thanked Mr. Kasaana for his presentation.
F-3) Councilman Andre Williams -Debbie Kleinberg, Executive Director, North
Miami Foundation For Senior Citizens, Inc.
Councilman Williams made it known that Debbie Kleinberg was not present for the
presentation.
F-4) Councilwoman Pritchett -Evan B. Forde, Oceanographer
Councilwoman Pritchett acknowledged that there are many sciences. One of those
sciences is the study of the ocean, which is Oceanography. In our mist we have a certified and
licensed Oceanographer. This gentleman actually attended schools in the North Dade area
Regular City Council Minutes
May 27, 2009 Page 2
graduating at Carol City Senior High School. After graduating college he decided to come to the
Miami Gardens area where he has served as an Oceanographer for the past 36 years. What is
very important is that this year starting in January this gentleman has volunteered his time and
talents in creating a program known as OCEAN. He has introduced this program at North Dade
Middle School and at Norland Senior High School. Lastly it is very fitting that when we have
this type of talent in our mist we show appreciation for staying in the community and not going
somewhere else.
Councilwoman Pritchett along with the City Council presented a plague for his
outstanding accomplishments and service to the youth of the community to Mr. Even B. Forde.
Mr. Forde stated that he was challenged by Councilwoman Pritchett to bring a program to
get young people from the City of Miami Gardens to be exposed to Oceanography. He is
thankful for the opportunity to do something in his community.
Mayor Gibson shared that the City has an education compact and we will be sure this
program is part of the education compact.
F-5) Daniel Rosemond, Assistant City Manager -Neighborhood Stabilization
Program
Daniel Rosemond, Assistant City Manager, presented a few slides to the City Council on
the where the City is with the Neighborhood Stabilization Program. He highlighted some of the
activities of the program such as providing housing for individuals who are at 50% of the AMI,
the demolition of abandoned housing units, the purchase of foreclosed properties, the rehab of
certain units, and the subsidy assistance for income eligible first time home buyers for the
program. The total amount of money awarded to the City of Miami Gardens for this program is
approximately $6.8 Million. He reported on the administrative activities undertaken by the City,
which included two additional positions within the Community Development Department to take
the lead on carrying out the activities. The City also executed agreements with three licensed
realtors to help the City with the acquisition activities. A homebuyers' pool was established,
because ultimately the City wants to turn these properties over to potential homebuyers.
Additionally, the executed a contract with neighborhood housing services to pre-qualify these
homebuyers according to the criteria set forth in the Neighborhood Stabilization Program (NSP).
Mr. Rosemond commended the Council for approving an Ordinance authorizing the City
Manager to execute property purchase transaction because that legislative action has accelerated
the process tremendously and put the City ahead. The City Council also adopted a Resolution,
which started an administrative foreclosure process.
Mr. Rosemond mentioned the primary activity within the plan, which is the acquisition.
To date the City has closed on five single family homes, spending approximately $407,000 on
the acquisition of those properties. These are properties the City ultimately rehab and resell to
income eligible buyers. There are also several other properties in the pipeline that our realtors
are working to acquire from banks or holder of titles on those properties. He further highlighted
the RFP process; where the City has only received the 6 proposals. Activity number one and the
Regular City Council Minutes
May 27, 2009 Page 3
demolition activity are on the Agenda tonight for Council approval.
Mr. Rosemond then acknowledged the Homebuyer outreach activity. To date the City
has contacted 160 people, with 76 being pre-registered CMG employees. Also a couple months
back staff had a lunch & learn to try to make home ownership opportunities available thru the
NSP process. To date NHS (Neighborhood Housing Services) has pre-qualified 8 applicants
with 11 pending. The pre-qualification is based upon the income eligibility as well as the credit
worthiness.
Mr. Rosemond stated some of the challenges the City has encountered to date is that
some banks that hold the titles to these properties have been really inflexible with respect to the
listing prices, inspections, and appraisal period as part of our due-diligence process. This makes
it difficult for us to make these cash deals. Another challenge is that the NSP guidelines require
the City to be able to buy the properties at a 15% below the appraise value. Some of the banks
do not like that and are not willing to negotiate. Also we have realized thru our realtors that
there is a lot of cash investors that we are competing with, which can be part of the reasons why
banks are being a little inflexible.
Mr. Rosemond added that he has been in contact with the local HUD office with respect
to providing a better means to working with some the banks with this program, because some of
the listing agents from the banks are unfamiliar with this program. Also some of the
rehabilitation cost has become much higher. He conveyed belief that the City is ahead of the
curve in regards to this program in terms of some of the things that we are doing.
Councilman Williams asked Mr. Rosemond to expound on the $55,000.00 subsidy.
Mr. Rosemond explained it is essentially a down payment assistant to help individuals
who need additional dollars to qualify. One of the objectives of the program is to stabilize the
neighborhood, so what we are trying to do with this program is to make sure that the purchase
price and the rehabilitation cost is at or comparable to what the rest of neighborhood so that it
doesn't lower the value of the rest of the neighborhood.
Councilman Williams questioned whether there are any rules on how this will play out,
especially the subsidy; staff just generally has an understanding of what to do.
Mr. Rosemond indicated the plan reflects an estimated amount. What will be brought
back for the June Council meeting are the specific policies and procedures. We are still early
enough in the process where we are not at a point where we are providing subsidies, because as
the report indicated we are in the acquisition part of our project. Lastly the Council will vote on
the policies on the way the subsidy will be delivered.
Councilman Williams commented on a previous correspondence in regards to the subsidy
whereby there is a periodic monitoring process to insure owner occupancy. He suggested that
there also be a component for neglect. Because other City has policies in regards to neglect with
certain homes bought with this subsidy. Because the City can assist people with the $55,000 and
monitor that they are occupying the premises; but what happens if they tear the premises up.
Regular City Council Minutes
May 27, 2009 Page 4
And let's say they go into foreclosure, how do we protect our investment. He said we need to be
sure to have some teeth around how we account for neglect with respect to people we provide
this subsidy.
Mr. Rosemond responded that he hopes that is typical due-diligence in code enforcement
will be handling that. One of the concerns he has is that Community Development Dept. does
not have a lot of staff resources. We want to try to be careful to do is making the process and
operation very expensive; so by having periodic inspections of property conditions would inflate
our administrative budget. However, by being the second mortgage on the property we are
protected by the first mortgage holder, with respect to protecting our investment.
Councilman Williams questioned whether the code would be enforced, and shared that he
did not see Code Enforcement officers in his neighborhood very often.
Mayor Gibson commented these will be new homeowners in the City and we do have
very strict code enforcement guidelines and rules in the City already. She would not like to
single these new homeowners out with getting more code enforcement. We have been very
diligent when it comes to code enforcement. For the reason that we do not own these properties
or not being in the housing business she would be very concern if we were to do more inspection
than the code enforcement we have now.
Vice Mayor Watson commented as we pre-qualify first time homebuyers do we do
anything to educate them to bring them to the awareness of the City's codes. Additionally, she
expressed concern with over regulating someone in addition to that. She commented if we have
due-diligence on the frontend as far as educating homebuyers then perhaps we can prevent some
of those types of activities from occurring in the new homes.
Councilman Williams stated that he appreciates the Mayor's comment, but what he is
relating to is on a previous correspondence concerning the subsidy issue: "...throughout the
affordability period staff will conduct periodic monitoring to insure owner occupancy... "
Councilman Williams continued, and suggested that during that periodic monitoring
process the City should also evaluate the house for neglect. He opinioned that he does not feel
that would involve Code Enforcement or additional resources because by the very language here
provided the City will be doing those monitoring anyway.
Mr. Rosemond questioned what it is that Councilman Williams is reading.
Councilman Williams responded that this is from the NSP document on the City's
website.
Mr. Rosemond stated that he would have to read it to give a more educated answer. He
said that he does not recall that language. He said if it is a homeownership then it would be no
different than what we would do during our homeownership program; we are not the homeowner
nor do we want to monitor it on a regular basis. We will have a mortgage on the property, which
restricts whether or not the individual can sell it within a particular time; and that would be the
Regular City Council Minutes ~
May 27, 2009 Page 5
only regulation that we will have on the property.
Councilman Williams conveyed understanding that there are two prongs to this, the lower
income prong which is 25% or less of the AMI and then there is the higher prong for people who
have between 50% and 125% of the AMI. He asked for an explanation of the higher component.
Mr. Rosemond explained if you look at the activities in the budget the only one that we
are required to do is that 25% of our dollars or 1.7 is restricted to provide housing for people who
are at 50% and for those who are at very low income AMI. That is by regulation of what we
have to do with these dollars. The rest of the dollars can be used for those whose income cannot
exceed 20%. He reiterated that our primary focus is the purchase, rehabilitation and the resale of
single family homes. This is different than some other communities where they are focusing on
multifamily and abandoned rental properties.
Councilman Williams asked how many houses will the City be able to buy with this
money.
Mr. Rosemond responded that our plan reflects between 25 and 30 homes, then again
depending what the purchase prices.
Councilman Williams expressed concern with leveraging the City's resources so that we
can get more bang for our buck and stretching our dollars.
Councilman Gilbert questioned the 125% of AMI and how does that affect what type of
home that person can qualify for. Because he knows that there are a lot of foreclosed homes in
Coconut Cay and also the values of those homes are significantly higher. So if the limitation is
120% of AMI could they qualify for what those houses would cost.
Mr. Rosemond replied that it would depend on the purchase price. Really it is a formula
based on different things. What we have tried to do is not put a limit on the purchase price, for
example the Count's purchase price limit is $205,000 on this particular program. We have
chosen not to do that because the market will self regulate. However the program does limit it to
100% of AMI.
Mayor Gibson asked Mr. Rosemond to expound on the AMI.
Mr. Rosemond gave an example that a family household of four at 50% would be
$22,000 household earning; whereas at 120% it would be $70,000 for a household of four. It
really is a quite a wide gap. In terms of our proposal it would be very difficult for someone at
50% AMI to be a homeowner. So we have determined that is not realistic and would over
subsidy.
Councilman Bratton asked what is the term AMI.
Mr. Rosemond explained AMI is the acronym for Area Median Income
Regular City Council Minutes
May 27, 2009 Page 6
Mr. Rosemond was thanked by the Council for his detailed report.
F-2) Councilman Andre Williams -Danielle Blake re: Neighborhood Stabilization
Program (NSP) Options to Leverage More Housing
Danielle Black of the Realtor Association of Greater Miami appeared before the City
Council to provide information on the activity reports for the City of Miami Gardens and other
options the City can undertake with this program to stretch NSP funds. She concurred with Mr.
Rosemond that yes we are in a declining market and that the City is definitely ahead of the game
with this project. She shared that for the month of April there were 388 listings, with 44 new
listings in that month alone and only 12 sales. The average sales price is $105,833; the median
sales price is $89,000. There are 344 active listings in the MLS with 58 new listings; both short
sales and foreclosures are included. There were only six sales last month. The average price has
dropped from $128,000 to $105,000, with median prices dropping from $110,000 to $89,000.
There is a 12.4% foreclosure rate for this City. She then continued to comment and share her
concerns on the numbers presented by staff.
Ms Black stated that NHS would like to partner with her association because her
association has buyers. These buyers are pre-qualified and have done the 8 hour class, we can't
find properties that qualify them to get into because of the multiple bidding on the properties.
The City can accomplish more if they looked at other models towards this program.
Mayor Gibson questioned whether NHS wanted to partner with the City for just the
Miami Gardens areas or in other areas.
Ms Black responded not just in Miami Gardens, NHS' reasoning in partnering with us is
due to getting qualified buyers into a limited amount of inventory with a small department to
handle this work.
Mayor Gibson asked, in Ms Black's professional opinioned where does these qualified
pool of individuals come from, geographically.
Ms Black stated they are coming from all over. She said she would like to work with the
Mayor on gathering that information.
Mayor Gibson stated she would be very interested to know where this population is
coming from.
Councilman Williams stated there is a buzz that housing sales have gone up in Miami
Dade County. They also reported that there are a lot of first time homebuyers. Not folks that are
buying the Coconut Cay type of homes but those who are buying homes at a lesser value,
because they want a home but they want to be careful that they are not over extending
themselves. Additionally, Ms Black's point is well taken about spending $4.3 million that we
are spending on 20 to 25 units. This might be something that we might want to take a look at
closely, as we move forward in the process.
Regular City Council Minutes
May 27, 2009 Page 7
Ms Black mentioned, today the Governor signed $30 Million, for Bridge Loans so that
you can front the money for the $8,000 homebuyer tax credit homeowners would not have to pay
back.
F-6) Apri12009 Budget Status Report
William Alonso, Finance Director, reported that during the month of April there are no
budget amendments. Additionally, we expect an addition to our fund balance at the end of the
year, reason being our expenditures are running at about 55%, which means we are running a
little lower than budgeted. Due to this we should remain with a nice surplus at the end of the
year if there are no real emergencies. On returns of investments we are doing 1.57% higher than
our benchmark. Again the development service fund is running at a deficit of $781,000. He
added that our next key date is Monday June 4t", when we will receive the assessed evaluations
from the property appraiser's office. Lastly he shared a comment from an inside contact he has
from the property appraiser's office, is that established municipalities where most of the
properties are homesteaded will probably not feel a huge effect from the assessed evaluations.
He opinioned the County may be looking at a 10% reduction, with some cities higher than
others.
Councilman Williams asked is it fair to say that we are fiscally sound because we have a
high homeownership rate as one of the key factors.
Mr. Alonso responded that it is part of it, also the commercial tax base. However, a lot of
the City's financial success goes to the conservatives of the Council and the Administration,
because of the ability to build up reserves; additionally the fact that we as a new community was
not affected by the caps placed on other municipalities in prior years by the legislature.
Councilman Williams shared that he is proud that unlike other cities who are laying off
folks, we are financially sound and building a surplus.
Mayor Gibson stated the City was under a special exemption when the first hit from
Tallahassee came. She opined that has something to do with the fact of where we are, which has
made a tremendous difference now on the back-end.
Manager Crew indicated that this is Mr. Alonso's last meeting with us. He has agreed to
work off of a purchase order from home to continue the monthly reports and assist with any
other financial documents until we can get somebody else on board. This will help a lot so that
we do not fall behind on reports. Mr. Alonso has made a huge difference since he has come
here, bringing a financial system where it needs to be.
Councilman Gilbert shared his appreciation for Mr. Alonso services and is sure he will do
an excellent job at his next job.
Councilman Bratton concurred with Councilman Gilbert's statement.
Vice Mayor Watson thanked Mr. Alonso for his diligence and service; she said he will be
Regular City Council Minutes
May 27, 2009 Page 8
missed.
Mr. Alonso thanked the City Council, City Manager, and Staff for the opportunity. He
said he is going to take with and cherish his two year experience with the City, because it has
been a truly rewarding time working with so many professional people. The level of
professionalism among staff is unbelievable. The only reason he is leaving is because he wants
to take the next step in Management level in City government.
Mayor Gibson wished Mr. Alonso well on becoming Assistant City Manager and thanked
him for his services. She shared that all of the finance reports that the residents have received in
the mail has come from the finance director.
(G) PUBLIC COMMENTS
Ronal Felton, 1440 NW 193rd Terrace, Miami Gardens, FL appeared before the City
Council. He stated in regards to the revitalization act mention earlier, that the City should look
into making those houses accessible to people with disabilities. He also asked what other
programs are there to help people who are in foreclosure right now and whether the revitalization
act can help people in foreclosure.
Mayor Gibson responded that Assistant City Manager Daniel could assist him in
answering his questions.
Mr. Rosemond shared that the City does have a rehab program thru the Dept. of
Community Development. However, he has not received any of the parameters on the
foreclosure assistance. What the City has done to this point is working in part with NHS to
provide some assistance by working with the homeowners to try and restructure their mortgages.
Mr. Rosemond added in regards to accessibility; it is an emergency the City can rehab the
home if it is an eminent danger to the occupant.
Mayor Gibson asked if it has to be owner occupied.
Mr. Rosemond responded yes.
Sharon Frazier-Stephens, 145 NE 193rd Street Miami, FL, appeared before the City
Council. She thanked Mayor Gibson, Dr. Crew, and Antranette Pierre for their services on
separate matters. She also raised concerns that Wal-Mart located on 27t" avenue was starting
employee salaries less than the promise rate of $9.00 per hour. She thanked the Council for all
of their support with the school. Lastly she is not all about recognition but to the better meant of
our schools.
Councilwoman Pritchett thanked Ms Frazier-Stephens for all of her services towards the
children. She then asked if she had spoken to anyone about the Education Compact the City has.
Ms. Frazier-Stephens responded yes she has spoken to a lot of people. She added that she
Regular City Council Minutes
May 27, 2009 Page 9
sits on Dade County Council as the fourth outgoing vice president. A lot of their issues are not
being heard. Therefore she is organizing her team and feeder pattern reps.
Mayor Gibson shared the Education Compact is a process that is still evolving and being
work on diligently. Under the Education Compact we have the Pass Program, which is the
professional part of the program where CEOs who actually sponsor schools at $100,000 over a
time span of three years. We have now to match over $752,000 from local business owners in
the City, making us the only area in Dade County who has that many matches. It is really a
testament of hard work with the help of the Deputy City Manager. Additionally, principals are
matched with the CEOs to help them understand the management of schools as a business.
Lastly, when we do things with in regards to education we should do it under the compact
because it gives more strength and value to it. It then becomes a model.
Marlayna C. Kellam 17911 NW 42°d Place, Miami Gardens, FL appeared before the City
Council. She raised her concerns regarding the safety of the surrounding area located near the
Canal on 42°a Ave and 178`" Street. She asked in regards to the stimulus money would the City
be able to get a circular bus similar to neighboring Cities.
Mayor Gibson asked why is it that the City does not have the circular bus.
Manager Crew indicated the reason being is that the County does not share the '/2 cent
sales tax with the City.
Mayor Gibson commented the neighboring cities get part of that sales tax. Only the
newer Cities like us do not receive funding from that tax. Hopefully, we can remedy that in the
future.
Manager Crew added in regards to the canal/bridge that the City has recognized there has
been some serious problems with that bridge. We put in a proposal to reconstruct that bridge
with the stimulus money, however DOT denied us for those funding. Since we do not have the
funds for it right now it is in our long term plan. If we did receive the money from the county
from the '/2 cent sales tax, then we would have the funds to reconstruct.
Mayor Gibson stated that the City will have a Town Hall meeting to discuss the funds the
City will receive from the stimulus and what we can do with said funds. What is happening with
the funds from the federal government is that they coming from the Feds thru the States and the
States are directing how those funds can be used.
Councilman Williams stated that he knows the City has a direct of allocation for
transportation dollars under the stimulus plan. He asked the manager what can those funds be
used for.
Manager Crew responded the only thing that got approve by DOT was repaving of
certain federal streets and on the transit side they approved 50+ bus shelters.
Mayor Gibson stated this is the reason we are having the town hall meeting to share
Regular City Council Minutes
May 27, 2009 Page 10
information to the public in regards to the stimulus money.
(H) ORDINANCE(S) FOR FIRST READING
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
ORDINANCE N0.2009-11-183
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI
GARDENS CARIBBEAN AFFAIRS COMMITTEE; PROVIDING
FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE;
PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES
AND POWERS; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN
SHARON PRITCHETT) (1St Reading -May 13, 2009)
Mayor Gibson open tie floor for this public hearing.
Hugh L. Dodd, 17125 NW 19~' Avenue Miami Gardens, Florida, appeared before the City
Council in favor of this item. He shared his excitement, and pleasure on how this matter has been
solved.
Sharon Frazier, 145 NE 193~d Street, Miami, Florida, appeared before the City Council in
favor of this item. She noted the many different Caribbean ethnicities within the schools and
businesses; lastly asked the Council to support this item.
Wendall James, 18820 NW 29`" Place, Miami Gardens, Florida, appeared before the City
Council in favor of this item. He shared his pleasure with this item. Additionally, he noted the
opportunity that the residents have to come before the Council to express their feelings. He
continued to share his experience from being born in the Republic of Panama and living in the City
of Miami Gardens. He conveyed his thoughts that this committee is very a important
communication tool between the City and the Caribbean body.
Mr. James conveyed his continued support of any changes the City will make for the better
meant for the City, despite the fact that some people may be upset with the Mayor. Lastly he asked
the Mayor to support an Islamic committee.
Mayor Gibson stated that when there are changes in the City residents tend to think it is the
Mayor's faults for not allowing all those things that don't make this City be the best that it can be.
However, she is not the only policy maker in the City. She cares about this City. She does not want
the audience to get the impression that it is the Mayor solely who want and/or do not want an item.
Regular City Council Minutes
May 27, 2009 Page 11
Rita Pierre, 1000 NW 197`" Terrace, Miami Gardens, Florida appeared before the City
Council in support of this item. She shared that she is very proud of the City of Miami Gardens.
This committee will be a very productive within the City. She asked for the Council support on this
item.
After there were no further comments from the floor, Mayor Gibson closed the Public
Hearing.
Councilwoman Pritchett thanked everyone who came to support this item. Additionally,
since we are becoming a premier City it is now time to produce more programs, committees, and
boards that give residence and other interested members of this community the opportunity to serve.
She asked the Council to support this item.
Motion offered by Councilwoman Pritchett, second by Councilman Bratton, to adopt this
Ordinance.
There being no further discussion the motion to adopt passed and carried by a 7-0 vote.
Councilman Bratton Yes
Councilman Campbell Yes
Councilman Gilbert Yes
Councilwoman Pritchett Yes
Vice Mayor Watson Yes
Councilman Williams Yes
Mayor Gibson Yes
ORDINANCE N0.2009-12-184
I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI
GARDENS DR. MARTIN LUTHER KING, JR. HOLIDAY
STEERING COMMITTEE; PROVIDING FOR MEMBERSHIP;
PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR
ORGANIZATION; PROVIDING FOR RESPONSIBILITIES;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
COUNCILWOMAN SHARON PRITCHETT) (ls~ Reading -May 13,
2009)
Mayor Gibson opened the floor for public hearing. There being no interested parties to
speak on this item, the public hearing closed.
Councilwoman Pritchett thanked the audience for supporting this Ordinance in codifying
the MLK committee into our code, because when this committee was first implemented it was in
a Resolution format. This will place this board with all of our other boards as an Ordinance.
Regular City Council Minutes
May 27, 2009 Page 12
She then asked for the Council support in adopting this Ordinance.
Motion made by Councilwoman Pritchett, second by Vice Mayor Watson, to adopt this
Ordinance.
There being no further discussion the motion to adopt passed and carried by a 7-0 vote.
Councilman Campbell Yes
Councilman Gilbert Yes
Councilwoman Pritchett Yes
Vice Mayor Watson Yes
Councilman Williams Yes
Councilman Bratton Yes
Mayor Gibson Yes
(J) CONSENT AGENDA
RESOLUTION N0.2009-99-1044
J-3) 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 SECOND AMENDMENT TO
THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT
BLOCK GRANT SUPPLEMENTAL DISASTER RECOVERY
INITIATIVE GOVERNMENTAL CONTRACT, 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 N0.2009-100-1045
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
ATTORNEY AND CITY MANAGER TO NEGOTIATE AND
EXECUTE A FEE AGREEMENT WITH JOHNSON, ANSELMO,
MURDOCH, BURKE, PIPER & HOCHMAN, P.A., FOR LEGAL
SERVICES IN CONNECTION WITH THE MIAMI METRO
MEDIA V. CITY OF MIAMI GARDENS LITIGATION;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY ATTORNEY)
Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve the
Consent Agenda. There being no discussion, the motion to approve passed and carried by a 7-0
voice vote.
Regular City Council Minutes
May 27, 2009 Page 13
(K) RESOLUTION(S)
RESOLUTION N0.2009-101-1046
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AWARDING A BID TO DON REID
FORD IN THE AMOUNT OF ONE HUNDRED FIFTY SEVEN
THOUSAND, FIVE HUNDRED NINETY THREE DOLLARS
($157,593.00) FOR THE PURCHASE OF CITY VEHICLES ALONG
WITH EXTENDED WARRANTIES AND AUTHORIZING THE
CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS
PURPOSE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
Councilwoman Pritchett asked how will the City get the vehicles.
Manager Crew responded that they will be delivered.
Councilwoman Pritchett made reference to the Procurement Department Tabulation
Sheet and asked what has happen in terms that Don Reid Ford actually offered the extended
warranties whereas the other companies who submitted their bids did not.
Pam Thompson, Procurement Manager, appeared before the City Council to respond to
Councilwoman Pritchett's question. She explained a lot of your larger dealerships get bundled
with your warranty package, which allows them to sell their vehicles at a better rate.
Motion offered by Councilwoman Pritchett, second by Councilman Gilbert, to adopt this
item.
Councilman Williams stated that we are in a era of energy efficiency and conservation.
He said he is aware the City received a bundle of money from the stimulus money to promote
energy efficiency vehicles. However, all of the vehicles listed in the agenda are gas guzzlers.
He then questioned why not have energy efficiency vehicles.
Manager Crew responded the City wants to go to alternate fuel vehicles; we just do not
have our fuel farm built. Additionally, there are no CNG and E85 dealers anywhere around that
sells to the public. One of the things we will build with the stimulus money is a compressed
natural fueling facility and hopefully that will be done before we retrofit the other vehicles. He
shared that the City applied fora $500,000 grant to retrofit the vehicles.
Councilman Williams asked if these vehicles have the ability to be retrofitted.
Regular City Council Minutes
May 27, 2009 Page 14
Manager Crew replied that most vehicles can be retrofitted. What we will probably be
doing in the future is to purchase vehicles that are already fitted for CNG or E85. We will also
look into purchasing Bio-fuel for our off road equipment.
Councilman Williams questioned if hybrid vehicles were considered.
Manager Crew indicated no because they do not have a practical electrical truck yet.
Councilwoman Pritchett asked if we ever get a report that gives us the schedule of when
the City plans to purchase vehicles. Also is there a report on how well we have done with the
surplus of our vehicles and the revenues generated.
Manager Crew indicated the City has not done an auction in a while because unlike other
Cities we pretty much use all that we have until it is dead. We will probably have one later this
year to get rid of a lot of the older stuff. In regards to the scheduling of when to purchase
vehicles, what we do is review the maintenance record of every vehicle every year. When the
maintenance approach the mark that it cost us for that vehicle; we surplus it and purchase a new
vehicle.
Councilwoman Pritchett asked what happens to the vehicle when it is surplus.
Manager Crew responded the surplus vehicles are used as "pool cars."
Councilwoman Pritchett questioned whether those cars are safe.
Manager Crew responded that they are safe.
There being no further discussion the motion to adopt passed and carried by a 7-0 voice
vote.
RESOLUTION N0.2009-102-1047
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING A 2010 JAZZ IN THE
GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL CONTRACTS AS MAY BE
NECESSARY AND APPROPRIATE FOR THE PRODUCTION OF
THE FIFTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE
HELD IN MARCH 2010; PROVIDING FOR A WAIVER OF BID
PROCEDURES FOR PURCHASES MADE IN CONNECTION
WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO
EXCEED HIS PURCHASING AUTHORITY AS MAY BE
NECESSARY FOR THE EVENT; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY
GIBSON)
Regular City Council Minutes
May 27, 2009 Page 15
Motion offered by Councilwoman Pritchett, second by Councilman Bratton, to approve
this item.
Councilwoman Pritchett made reference to the Festival Budget provided in the Agenda
Packet, and asked if this is the pre jazz festival budget.
Manager responded this is the budget for the festival held March 2009.
Councilwoman Pritchett asked the City Manager to explain the $298,770.24 amount
listed at the bottom of the dollar column.
Manager Crew responded that is the lost, however that is the smallest lost we ever had.
This past year we had over 30,000 in ticket sales. Once we break over the 50,000 mark we
should be breaking even.
Councilwoman Pritchett asked whether this amount is pay out of the general fund.
Manager Crew shared that it is budgeted in Events and Media's budget. He added that
there are some things in government where it is not a profit loss thing, if it is for the community.
Almost all of our festivals and special events don't break even.
Councilman Williams stated that he is a big proponent of the festival, however we have a
operational deficit of $298,700.40 which he is not comfortable with. Especially with the fact the
City cries broke about other programs we cannot initiate. He stated that he will express his
discomfort by not approving in favor of this item.
Councilwoman Pritchett reiterated that in order for the City to break even and not have
that type of deficit is to sell close to 50,000 tickets.
Manager Crew made it know that it is a combination of things. Another thing that
happened this year is that we didn't get the corporate sponsor that we usually received in prior
years. If we would have gotten near to previous levels we would have come close to breaking
even. He opinioned as the economy picks up and as the City plans to do a even larger national
reach for corporate sponsor we will get that corporate sponsor. He feels that we will bring in a
lot closer next than we did this year because we are now recognized as a national festival.
Councilwoman Pritchett noted this will be our fifth year doing this and this type of
industry it takes about five years to level off.
Manager Crew added these types of events are not overnight success and it takes a lot of
work to build up a representation that it is a safe, good, and quality entertainment festival.
Councilwoman Pritchett questioned whether the facility would be able to accommodate
for 50,000.
Regular City Council Minutes
May 27, 2009 Page 16
Manager Crew opinioned it should be able to hold that capacity stretched for two days.
He added that we probably charges less for our tickets, nonetheless we would like to give
everyone the opportunity to attend.
Vice Mayor Watson shared her enjoyment and appreciation of the festival along with the
national recognition; additionally the importance of trying to brand the City at this stage of the
City lifespan to gain new opportunities and businesses in the City. This festival brings the City
to the forefront. It brings other people who would not ordinarily come to our City. We are doing
ourselves a service by having this event in spite of the deficit.
Councilman Campbell recalled we budgeted that we would spend $500,000 last year.
Manager Crew replied the City budged $500,000 in revenues and budged $1.3 million in
expenditures. We thought we would recover $500,000 of what was being spent. However, we
recovered almost over a million of what was spent.
Councilman Campbell shared his discontent of using the term operational deficit. How
does this contends with our overall budget, because if we decide to spend $13 million and this
deficit is around $298,000 considering what we budgeted for, this seems that we are ahead.
Councilman Gilbert added what we actually budgeted for the event it is not actually an
operational deficit. When we plan events such as Jazz in the Gardens it is not about what you
bring in but about making Miami Gardens a destination place; building our national name
recognition.
Mayor Gibson stated when we do the budget and it is not an actual deficit we should not
indicate it as a deficit; we should be clear on that.
Manager Crew added we had a balance budget last year and because of Jazz in the
Gardens we have an $800,000 surplus in our budget that we did not have before.
There being no further discussion the motion to adopt passed and carried by a 6-1 voice
vote. Councilman Williams cast the dissenting vote.
RESOLUTION N0.2009-103-1048
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 AGREEMENT WITH THE
MIAMI-DADE COUNTY TRANSIT AGENCY RELATING TO
THE AMERICAN RECOVERY AND REINVESTMENT ACT
TRANSIT STIMULUS PROGRAM, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR
Regular City Council Minutes
May 27, 2009 Page 17
INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Councilwoman Pritchett raised concerns with the last whereas of the Interlocal
Agreement because it can be misleading by having residents think the City is getting something
it does not have the funds for.
Manager Crew noted the same concern. All this contract is addressing is the bus shelters.
This is a standard DOT contract.
Attorney Dickens opined it can be taken out of the context.
Councilwoman Pritchett asked for it to be corrected so it will not have the potential of
being misleading.
Mayor Gibson asked if this is their document with their provisions.
Attorney Dickens responded yes and if we are not going to do what they are telling us to
do we need to change the agreement.
Councilwoman Pritchett asked what can we do to protect the residents by getting this
done in a timely.
Attorney Dickens advised the Council to direct the City Manager and City Attorney to
negotiate with DOT, and come up with a final agreement.
Motion made by Councilwoman Pritchett, second by Councilman Bratton, to amend the
resolution to have the Manager and Attorney to negotiate the interlocal agreement so that it does
not negatively impact the City.
Councilman Gilbert asked with respect to the charter we include the Mayor in the motion
as well.
Motion made by Councilwoman Pritchett to include the Mayor in the negotiation was
second by Councilman Gilbert.
There being no further discussion the motion to adopt passed and carried by a 7-0 vote.
RESOLUTION N0.2009-104-1049
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE 2009/2010
FEDERAL LEGISLATIVE PROGRAM FOR THE CITY;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
Regular City Council Minutes
May 27, 2009 Page 18
Renee Farmer, Deputy City Manager appeared before the City Council to expound on
this item, which represents the City's first Federal Legislative Program.
Danielle Macbeth, a partner with Alcalde and Fay, the City's Federal Lobbyist appeared
before the City Council to provide more detail about the lobbyist activities her firm has been
involved with on behalf of the City. She said things happen a lot slower in Washington than it
does in Tallahassee. There is a 1.5 Billion Dollar Transportation Grant the City can apply for to
address the City's needs. This particular grant is due by September. In addition, a Federal
Update, which briefly summarizes the activities including the Council's trip to Washington has
been sent to Ms. Farmer.
Ms. Macbeth shared that she met with Mr. Rosemond and has taken a tour of some of the
projects being prioritized will have the greatest impact. She said President Obama signed a Bill
recently that will even further in assisting homeowners who are facing foreclosures. This would
be in addition to the Neighborhood Stabilization Program.
Councilwoman Pritchett referenced page one of the 2009-2010 Proposed City of Miami
Gardens Federal Legislative Program, more specifically the language in paragraph 3 Home Rule
"The City of Miami Gardens is dedicated to the fundamental concept that the government closest
to the people is the appropriate authority to serve the needs and the requirements of the
community". She then referenced the last sentence on page 3, more specifically the language
"the supplemental benefits are that this project intends to serve as the impetus for revitalization
of neighborhood areas that are impoverished and whose residents feel neglected by local
government." She stated that she did not want anything to think that the City of Miami Gardens
is neglecting its residents because it is not.
Manager Crew said this language will be changed.
Councilwoman Pritchett asked which fund would the $925,000 matching dollar amount
come out of.
Deputy Manager Farmer said the funds would come from CDBG.
Councilwoman Pritchett asked about the State Road 7 Livable Community Corridor
Project, and whether a matching fund was required.
Deputy Manager Farmer indicated that the 1.9 Million Dollars under this category
requires no match.
Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt
this item.
There being no discussion, the motion passed and carried by a 7-0 voice vote.
Regular City Council Minutes
May 27, 2009 Page 19
RESOLUTION N0.2009-105-1050
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS IN SUBSTANTIAL
FORM WITH DIAMOND POINT AT MIAMI GARDENS, LLC,
FOR AN AMOUNT NOT TO EXCEED ONE MILLION, SEVEN
HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTY-
NINE DOLLARS AND 70/100 ($1,716,529.70) AND ABSOLUTE
DEMOLITION, INC., IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) FOR
REHABILITATION AND DEMOLITION SERVICES OF
CERTAIN PROPERTY IN ACCORDANCE WITH THE CITY'S
NEIGHBORHOOD STABILIZATION PLAN; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Daniel Rosemond, Assistant City Manager appeared before the City Council to further
expound on this matter. This is part of the 6.8 Million Dollar activity line the City has to
accommodate. The City issued request for proposals for interested parties to bid on one or more
activities. This item is a combination of that process whereby staff is recommending two
entities for two specific activities. The first activity is a project that will accommodate the 25%
or 1.7 million dollars of the City's funding (to Diamond Point). The project is the redevelopment
of the old Golden Glaze Hospital Building for an Assistant Living Facility. This project would
allow the City to meet its requirement of providing housing to the population that is at 50% or
below of AMI. It also allows the City to address an eyesore that has been in the City for many
years.
Mr. Rosemond addressed the other portion of the project in the amount of $130,000 and
stated Absolute Demolition, Inc., will demolish the 20 or more properties that have been deemed
to be blighted structures.
Motion offered by Councilman Gilbert, seconded by Councilman Bratton to adopt this
item.
Councilman Bratton asked whether the units shared a bedroom.
James L. Kraft, Esquire of Kraft Development III, LLC, 6578 Landings Court, Boca
Raton, Florida, appeared before the City Council to expound on this project. He thanked the
Council for being considered for the Neighborhood Stabilization Program. He made reference
the Denver Unit Councilman Bratton had referred to and stated the bathroom is located in the
middle of the unit which provides for some privacy but a shared bathroom.
Michael Dane, Managing Principal Assisted Living Lifestyles, 2500 North Federal
Highway, Fort Lauderdale, Florida, appeared before the City Council to further expound on this
project. He stated that he has been in senior housing for 22 years and is excited about this
project because of the lack of housing for senior citizens. These residents will have their own
Regular City Council Minutes
May 27, 2009 Page 20
private room with their own private bathroom. The only thing the residents will share is the
shower. This is unique process that allows everybody to live with dignity in the privacy of their
own dwelling.
Councilman Bratton asked whether the units were co-ed.
Mr. Dane said the only thing co-ed is the actual shower.
Councilwoman Pritchett asked what type of bus transportation would be provides for the
residents of this facility.
Mr. Dane said a lease vehicle to provide transportation has been budgeted for. The
vehicle will accommodate 16 passengers and is wheelchair/handicapped accessible. This is
limited transportation, however if residents wants to visit family members there is another
transportation program they can register for.
Councilman Bratton asked where would the individuals utilizing this facility come from.
Mr. Dane said the residents would come from different sources such as the medicade
program; individuals from the veterans administration.
Councilman Bratton asked whether the residents would be Miami Gardens' residents.
Mr. Rosemond interjected and stated by virtue of the funding, the City is not able to
restrict this program to just Miami Gardens' residents.
Mr. Kraft further stated all federal housing laws must be complied with as well
(handicapped assessable)
Mr. Dane stated one of the earlier speakers had talked about housing to accommodate his
handicapped needs; this would be the perfect project for him. This project would also employ 50
individuals, and would allow Miami Gardens' residents to participate in the employment fair. In
addition, 72 rooms will be dedicated to dementia and Alzheimer patients.
Councilman Williams asked what it the time table for this project.
Mr. Kraft in response to Councilman Williams' question shared his company is in the
final stages of securing its HUD financing. The funds received from the grant will help with the
total financing. He said his company is not sure what the actual loan amount is going to be at
this time. When that funding comes in, the project will begin almost immediately.
Mr. Kraft said there are also zoning issues, which have to be dealt with. The property
currently has 11 floors, the City Zoning Code only allows for four stories. He conveyed his
hopes that the City would not tell them that they had to remove the top seven floors of the
building in order to do this project. He said HUD will not give the money until the City
approves the project, allowing the 11 stories.
Regular City Council Minutes
May 27, 2009 Page 21
Mr. Rosemond clarified staff is recommending a conditional commitment of the 1.7
million dollars based upon this entity's ability to demonstrate their ability to fill the funding gap
as Mr. Kraft mentioned. He said the clock will start ticking for them to make sure the project
moves forward.
Councilman Williams said the City certainly cannot require this but he was hoping
Diamond Point would consider hiring local sub-contractors to do some of the work on this
project.
Mr. Kraft said the renovation payroll will probably be approximately 100 people.
Mr. Rosemond said the HUD dollars requires local hiring individuals, so to answer
Councilman Williams' question, that provision is included in the requirements. The
requirement is in the contractual document.
Councilman Williams asked if there anything that can be salvaged from the renovation
for recycling purposes.
Mr. Kraft said the building is in terrific shape, therefore it will not be knocked down.
Mr. Dane further expound this building has been an eyesore in this community for many
years. Unfortunately over the years individuals have taken residency within for years.
Therefore, the interior of the property is not salvageable.
Councilman Williams asked whether the business next to this particular site notified of
Diamond Point's plans for the site.
Mr. Kraft said the property owner has been notified, as per the requirement of state and
local laws.
Vice Mayor Watson asked how would Diamond Point provide transportation services for
those individuals needing transportation to their doctors.
Mr. Dane shared traditionally, seniors do not want to leave home to go to their doctors.
Therefore, traditionally, the attending physicians are welcomed to come on site to see their
patients. The other option is an Advisory Council and at least one physician from a local
hospital (Jackson North) would be invited to sit on this Council. The resident also reserves the
right to maintain their own medical group. Diamond Point's transportation would provide
transportation within an eight mile radius.
Vice Mayor Watson asked whether an area for social activities and or grocery shopping
would be provided for on site. '
Mr. Dane said a portion of the first floor will be developed and dedicated for retail space.
A pharmacy has been identified that would offer services to the residents as well as the outside
Regular City Council Minutes
May 27, 2009 Page 22
public. Not only will there be a retail pharmacy, there will also be a beauty salon, adult daycare,
and sandwich shop.
Mr. Rosemond said to provide an additional comfort level, this project would be subject
to HUD approval.
Councilman Pritchett for clarification purposes asked if this was an 11 story building.
Mr. Kraft in response to Councilwoman Pritchett replied, "Yes."
Councilwoman Pritchett asked how many people would be living in this 11 story
building.
Mr. Dane in response to Councilwoman Pritchett's question said 170 residents; fifty
studio apartments, and 120 one bedroom apartments.
Mr. Daniel Herd, Capital Relations Directors, 4243 Ridgeport Road, West Palm Beach,
Florida, appeared before the City Council and shared that he is need on this team. He said this is
a tremendous opportunity to honor our seniors.
There being no further discussion on this item, the motion to adopt passed and carried by
by a 6-1 vote, with Councilwoman Pritchett casting the dissenting vote.
RESOLUTION N0.2009-106-1051
K-3) 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 SUB-RECIPIENT
AGREEMENT WITH PARTNERS FOR SELF EMPLOYMENT
FOR THE PROVISION OF FINANCIAL LITERACY TRAINING,
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)
Mr. Rosemond, Assistant City Manager appeared before the City Council and stated this
is a follow-up item that was brought before this Council April 8, 2009, when the Financial
Literacy Program was approved. The first component of that Program was a marketing
campaign, which addressed the City's efforts of providing financial literacy to eligible residents.
The second component was the actual curriculum. At the April meeting the Council approved a
purchase order for approximately $44,000. Ninety Four hundred ($9,400) of those dollars
would be paid to the Marome Agency.
Mr. Rosemond said at that time he had reported that the second component of that
Program, the Financial Literacy Curriculum would be awarded to anon-profit agency,
Regular City Council Minutes
May 27, 2009 Page 23
Partnership for Self Employment. However, due to the advertisement requirement Component
Two had to be brought back at this particular Council meeting. That item is now before the
Council for review and consideration.
Mr. Rosemond said since this item was approved initially there has been some
conversation and concern on the part of the two partners that have been mentioned. Such that if
the City is still intent on moving forward with this particular item, both Partnership for Self
Employment and the Marome Agency have expressed concern with regard to the directions they
are getting as well as some of the particulars of the program. Therefore, staff has asked both
entities to be present as the Council look at this particular item.
Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to adopt this
item.
Councilwoman Pritchett asked Mr. Rosemond to explain the statement made that the
concerns raised about the directions being received.
Mr. Rosemond said both entities have expressed concern that they have been getting
information from different individuals within the City.
staff.
Councilwoman Pritchett asked Mr. Rosemond if he meant different individuals other than
Mr. Rosemond in response to Councilwoman Pritchett's question replied, "Yes."
Councilwoman Pritchett asked who are they?
Mr. Rosemond conveyed his belief that Councilman Williams has been in contact with
the agencies with respect to some of the activities relative to the program.
Mr. Williams spoke to the issue and stated that everyone knows how active he has been
with the foreclosure issue. He said that he was the one who suggested the City implement this
Financial Literacy Initiative because when talking with these families facing foreclosure it is
obvious they have very little financial management skills. He said he has been interacting with
the vendors to the extent to know whether they can get the job done. With all due respect to staff
he would expect them to follow through and be very diligent. He stated that he has been
disappointed with staff. He shared the City had a foreclosure clinic last year, where only three
people showed up. He further shared that he routinely hosts foreclosure clinics where 200 to 300
people show up. He said he did not know where the disconnect is; obviously there is a
disconnect. He reiterated that he has been talking with the vendors and simply Partners for Self
Employment to provide an overview of their services, which he has not received. He
emphasized that financial literacy is important, very specific and not something that should be
entered into lightly. He stated for the record that he has been in contact with the vendors and has
not provided directing nor instructions but simply asked for information.
Councilman Campbell recounted at the last Council meeting he had expressed concern
with non-profit organizations doing business with the City. He said that he is also no-nonsense,
Regular City Council Minutes
May 27, 2009 Page 24
and based on what he has heard here it is his intent to vote "no" on this item. He said he should
have voted no on the first component because he is suspicious of non-profits providing service
and then the City receiving negative reports. He stated in this particular case he was getting the
negative vibe on the front-end. Therefore, there is no way he would approve this item.
Please note, Councilman Bratton left the meeting at 10:40 p.m.
Councilman Gilbert asked what would happen if the actual education component of this
item was not approved, when the Council has already approved the publicity portion of the
program. Councilman Gilbert stated that he would like to hear from the vendors that have
expressed concern.
Maria Coto, 240 NW 21St Street, Miami, Florida, 33127, the representative from Partners
for Self Employment appeared before the City Council and stated that her organizations does
work for a lot of municipalities in Miami-Dade and Broward Counties. Each contract entered
into with each municipality determines what services will be provided. The contact is with city
staff in order to provide direction.
Councilman Gilbert asked what is the problem here since Councilman Williams has
indicated that he has asked to be provided with information.
Ms. Coto said Councilman Williams asked for information at a meeting, which she had
attended. At that meeting Councilman Williams strongly recommended that Partners for Self
Employment enter in to an agreement with an organization that he has brought into the room.
She said this was the first time she had been introduced to this organization. She said
Councilman Williams introduced the organization as a long time acquaintance of his. She said
that Councilman Williams stated that he expected a private and public partnership. She said she
interpreted this to mean that Councilman Williams was trying to influence a relationship. She
said if the Council decided based on the information provided, that Partners For Self
Employment is not the agency it wants to provide Financial Literacy Training, that is fine, but
please do not bring this organization into a meeting and try to force a relationship.
Ms. Coto further related that Councilman Williams had attempted to contact her when
she was out of the office dealing with personnel matters. Since she was out of the office for an
extended period of time, Councilman Williams contacted the other vendor associated with this
project, and asked him to contact her. She said all Councilman Williams had to do was contact
city staff because they have her contact information.
Councilman Williams stated he wanted to respond to the comments made by Ms. Coto,
who is making an issue of him as opposed to the delivery of her services. He said the
information from Partners for Self Employment website states that their program is Micro
Business Oriented Services geared toward entrepreneurs and individuals interested in starting a
business. The Financial Literacy Program is designed to address individuals who are losing their
homes and not folks who are interested in starting a business. He said he was not going to raise
the issue of whether Partners for Self Employment could provide the service, however Ms. Coto
certainly put him in that position. He said he was uncomfortable and shared Councilman
Regular City Council Minutes
May 27, 2009 Page 25
Campbell's concerns about hiring anon-profit to provide a very specific service, financial
literacy service to our residents. These are individuals who are losing their homes, and not trying
to start a small business. He said from the information provided on this organizations website
articulated anything relating to financial literacy and people losing their homes, therefore he did
not thing they were perfect for this project therefore he planned to vote no on this item.
Ms. Coto said Partners For Self Employment offers several programs, which financial
literacy being a part of the programming.
Councilman Gilbert said he had voted against this item when it was initially proposed.
He said this is actually Mr. Williams' item and these vendors appeared in the item he proposed.
He said he did not understand why the ability of the contractor to provide services now would be
a question.
Councilman Williams in response to Councilman Gilbert's question said he did not pick
these vendors. The item initially voted on was simply involved media and publications. He
reiterated that he did sanction or approve these vendors.
Mr. Rosemond for clarification purposes stated the agenda cover memorandum provided
at the April 8, 2009 City Council meeting identified both vendors. At that time the Council
approved Component One of the Financial Literacy Program, which was the marketing piece.
Component Two, which is the actual curriculum, had to be brought back because of the
advertisement requirement.
Councilman Gilbert recounted the Council had approved the advertisement portion of the
Program. He said when he looked at the item he viewed it as a package deal.
Mr. Rosemond said Councilman Gilbert was correct. That is the way it was presented
and that is the way it was approved by Council.
Councilman Williams in response to Councilman Gilbert's question asked, why are we
here tonight, obviously it was not a package deal. He said in April, the media component of the
Literacy Program was voted on. The item presented tonight would be the second component of
the Program. He reiterated Partners for Self Employment was not approved at the April 8, 2009
meeting.
Councilman Gilbert shared he was told that there was a timing issue for not including
Partners for Self Employment initially. He said he did not understand why the Council would be
attacking the credibility of an organization in an open meeting. He stated that if Councilman
Williams had wanted to put this service out for an RFP, which should have been a part of his
initial item. Partners for Self Employment was actually named in the cover memorandum and
they were talked about in that initial resolution.
Councilman Campbell said it really does not matter because he is now concerned about
the allegations made by Ms. Coto. He asked Attorney Dickens that if what Ms. Coto says is true
is this a violation of the City's Charter, or an Ethics Violation. He opined if an allegation has
Regular City Council Minutes
May 27, 2009 Page 26
been made then a complaint should be made. He asked the City Attorney if it is or not a
violation of the City's Charter for a single council member to be giving directions to staff
members.
Attorney Dickens said the first question asked by Councilman Campbell is whether it is
an ethics violation that is something the Ethics Commission would decide. The second question
is very specific and it provides that the City Manager is the chief administrative officer. She said
no single council member can direct either outside contractors or the manager because outside
contractors fall under the direction of the City Manager. The question the Council has to decide
is whether or not Councilman Williams provided any direction to either outside contractors or
the City Manager.
Councilman Campbell said his concern now is if this item is voted down, the Council
would be punishing the provider for something they really did not do. He stated that he was
having a real issue with this matter. He said that he has expressed his opined about this item and
in his view there are some issues that need to be dealt with. He said a complaint needs to be file
so that this matter can be investigated.
Councilman Williams conveyed his respect for Councilman Campbell He said the
Council just heard allegations from a provider; however he was not asked his side. He said at
least afford him an opportunity. He said the provider stated that he had asked for information (an
overview of her services). He said in the meeting she spoke about there were other people at that
meeting. He said he would be happy to respond to the Ethics Commission or anyone other
entity. He said there were other people at this meeting, whom he had asked to, participate in the
process and asked that they have a conversation with this provider. The conversation never
happened and that was the end of that. He said he never gave instructions to the provider that
she had to work with this person. He said he had no further communication with this provider.
He stated that Daniel Rosemond was also present at this meeting. He stated that this vendor is
focusing on him rather the delivery of services to the community.
Mayor Gibson asked Charles Jackson, a representative of the Marome Agency to come
forward for comments. She made reference to email correspondence she was provided. In those
emails Mr. Jackson had expressed concern with the contact that was made directly to him by Mr.
Williams. She said from Mr. Jackson's communication he had indicated that he would resign
from this project. She said during the history of this City, a contractor has never resigned from a
project. She said she was very concerned about the fact that a contractor would be so concerned
that he would want to terminate the contract.
Charles Jackson said when he initially received a telephone call from Councilman
Williams he had requested that Maria Coto give him a call. When he receive the telephone call
he contacted Daniel Rosemond and advised him that Councilman Williams had asked him to
deliver a message to Maria Coto, who had not called him. He stated he was advised by Mr.
Rosemond that Councilman Williams should not be contacting him to have another vendor give
him a call. He said he also shared that Councilman Williams had emailed him several times.
Mr. Rosemond asked that those emails be forwarded to him. He said he immediately emailed
Regular City Council Minutes
May 27, 2009 Page 27
Mr. Rosemond and the City Attorney regarding the correspondence he had with Councilman
Williams.
Mr. Jackson shared when he spoke with Ms. Coto he informed her of Councilman
Williams attempts to contact her. At that point Ms. Coto told him that Councilman Williams
should not be contact him and that she was going to write a complaint against him. He stated
that due the Marome Agency's contractual agreement and obligation with the City of Miami
Gardens, he ceased all communications with Councilman Williams. He said he did not want a
shadow to cast on him as a communication's professional.
Councilman Gilbert made reference to the email documentation provided and stated that
one of the emails seems to direct the City Manager. He asked the City Attorney, what are the
limitations of a council person as far as giving directions to the City Manager and giving
directions to a staff person.
Attorney Dickens said according to the Charter, no single Council member can direct the
City Manager. The directions have to come to the City Manager from the Council as a group.
Councilman Williams said he withdrew his request to the City Manager after he was
instructed by the City Attorney that that was inappropriate. He said he hoped a copy of that email
was included as well.
Mayor Gibson concurred with comments made by Councilman Campbell. She opined
the allegations made needs to be viewed by another Body. She said she could not direct Ms.
Coto to file a complaint. However, the matter has become public knowledge now, and has to be
addressed.
Councilman Gilbert asked Mr. Rosemond whether he was comfortable with Ms. Coto's
organization's ability to do the job.
Mr. Rosemond in response to Councilman Gilbert stated that he was as comfortable with
non-profit and that is, with any contract the City enters into has specific benchmarks, and
specific deliverables. To the extent that they are a reputable organization that funding sources
from other entities. Notwithstanding that he would hold them to the same standards as all the
other agencies. The City pays based upon performance and delivery levels.
Councilman Gilbert asked Attorney Dickens to make clear on the record who the
Manager, staff and vendors receive directions from. He said once the City Manager has directed
to implement a program and something goes wrong, the person he talks to the Manager Crew.
He shared Manager Crew is ultimately responsible because he is the City Manager.
Attorney Dickens stated Danny Crew is the chief administrative officer, who implements
all policies. The City Manager designates certain people from his staff (e.g. Deputy, Assistant
City Managers, etc.). As far as directions to any individual or the City Manager must come
from the Council. She reiterated as the City Charter is written all directions whether staff or
vendors must go through the City Manager.
Regular City Council Minutes
May 27, 2009 Page 28
Councilman Campbell said originally he had planned to vote no on this item. However,
after hearing the discussion he is of the opinion that it would be unfair to punish the provider for
the actions of others. He said based on the information and what he has heard he has changed his
mind about this item. He opined we still need to pursue the allegations. He said in his view this
is a direct violation of the City's Charter. He said after the vote is taken on this item he fully
intends to give the City Manager some direction to file an official complaint with the Ethics
Commission regarding the actions of one of our Council members.
Councilman Williams stated for the record that from his discussion with the City
Attorney whom he had sought direction from regarding this matter. He said he had explained the
situation and his concern with this matter moving forward. He shared the City Attorney
explained he needed to have no communication with the providers and that he was to solely
communicate with the City Manager and should follow through with him, with respect to this
matter. He said and that is exactly what he did. He reiterated that he never instructed the
provider to do anything, but simply asked for information. He asked the City Attorney whether
seeking information was an issue.
Attorney Dickens said anybody can ask for information. She said she did not know if
that was the allegation being alleged here tonight. She acknowledged having a conversation with
Councilman Williams about this matter, on last week. She said she was not aware of any contact
between Councilman Williams and staff or the vendor after that conversation.
Councilman Williams said he was going to take the initiative and contact the Ethics
Commission on tomorrow morning. He said he was no nonsense, above board guy. He said was
willing to face the music, but did not think that he and conducted himself in ethical way and
certainly did not warrant going beyond the Ethics Commission, as has been suggested here
(some criminal statutes). He said he was excited about this program and wanted it done right,
which has been his only concern.
Councilman Gilbert said just like the employees, the Council members are all charged
with knowledge of the Charter. Independent of the City Attorney's advice, the Council members
are responsible to know the Charter. This is the document the Council members take the oath to
uphold. He said that he did not know if there was any malicious intent to violate the Charter.
However, the Council members are suppose to know this document (Charter) says. Therefore,
going forward he would encourage everybody to read it.
Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to call the
question. This motion passed and carried by a 6-0 voice vote.
There being no further discussion on this item, the motion to adopt passed and carried by
a 5-1 vote. Councilman Williams cast the dissenting vote.
Mayor Gibson passed the gavel to Vice Mayor Watson.
Regular City Council Minutes
May 27, 2009 Page 29
(L) RESOLUTION(S)/PUBLIC HEARING(S)
RESOLUTION N0.2009-107-1052
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING A SUBSTANTIAL
AMENDMENT TO THE CITY OF MIAMI GARDENS'
COMMUNITY DEVELOPMENT BLOCK GRANT THIRD
PROGRAM YEAR ANNUAL ACTION PLAN; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Daniel Rosemond, Assistant City Manager appeared before the City Council to expound
on this matter. The program the City is in charge in carrying out is in keeping with the
Recovery Act signed by President Obama. The specifics of this program have not been
determined and specific guidelines have not been provided. However, the City does have a time
sensitivity in which to supply to HUD a substantial amendment document; that deadline is June
5th
Vice Mayor Watson opened the floor for this public hearing. After there were no
interested parties present to speak on this item, the public hearing closed.
Motion offered by Councilman Gilbert, seconded by Councilman Campbell to adopt this
item.
There being no discussion on this item, the motion to adopt passed and carried by a 5-0
voice vote. Mayor Gibson was not present when the vote was taken.
Mayor Gibson returned to the meeting and cast a yes vote for this item. Therefore the
motion passed and carried by a 6-0 voice vote.
Vice Mayor Watson relinquished the gavel to Mayor Gibson.
Councilman Campbell interjected and stated before we move to the next item on the
agenda, he wanted to address the matter discussed earlier. He said particular in light of
background and experience, he offered a motion instructing the city manager to contact the
Ethics Commission to ascertain whether the actions by Mr. Williams in relations to Item K-3,
violated the City's Charter. This motion was seconded by Councilman Gilbert.
Councilwoman Pritchett indicated that the Council members had just received this
documentation tonight. She conveyed understanding of Councilman Campbell's concerns. She
said it is very important that the Council members ensure they have all of the facts. She asked
whether it would be appropriate for the Council to have its own independent investigation
before taking the action Councilman Campbell has recommended. She emphasized the
importance of the Council doing its due diligence, so that whatever decision that is made, the
City is protected on behalf of the residents.
Regular City Council Minutes
May 27, 2009 Page 30
Mayor Gibson conveyed understanding of what Councilwoman Pritchett was saying. She
opined it is not the Council's responsibility to go out and get information. The Ethics
Commission or the State Attorney's Office would do the investigation and talk with all the
witnesses. She stated this is their job, let them do it. She said she is not in agreement that the
Council should gather additional documentation. She said once the investigation has been
completed and a findings made, the City Council will determine if this is a violation of the
City's Charter.
Councilwoman Pritchett said Mayor Gibson's point was well taken. She questioned
whether the City Council should be the Body filing the complaint.
Mayor Gibson opined once a matter comes to the knowledge of the City Council, the
Council has a responsibility to act. She said if the Council did not know anything about this
matter that would be different. However, now that the Council is aware it now has an additional
responsibility.
Councilman Campbell clarified his motion and restated that he was instructing the City
Manager to make contact with the Ethics Commission to determine if there is a violation.
Councilman Gilbert in response to Councilwoman Pritchett's concerns opined the
Council did not want to be an a position of investigation a Council member, nor did the Council
want to put the City Manager in that position, as well. He said the violation of the City Charter
is in fact a violation of state law, and prosecutable through the State Attorney's Office. He said
he did not if he heard an Ethics violation.
Attorney Dickens said there is a provision in the City's Charter that provides that if there
is a violation of the Charter is prosecuted through the State Attorney's Office. However, the
Ethics Commission in Miami-Dade County that if there are concerns about an ethics violation
they can investigate those. She said she wanted to make it clear there are two separate entities.
Councilman Campbell said he was not asking for a criminal investigation. He said he
was asking the Ethics Commission to investigate to determine if there is a violation. If the
Ethics Commission determines a violation has occurred, then this matter is sent to the State
Attorney's Office.
Attorney Dickens opined that Councilman Gilbert was saying that the Charter provides
for the Council to determine a violation and not the Ethics Commission, which determines
Ethics violations.
Councilman Gilbert said he was not sure that what he heard today is an Ethics Violation.
He said he was familiar with the Ethics Code. He said if what Ms. Coto said is true it sounds
like a violation of the Charter. He opined it might not necessarily be an ethics violation.
Vice Mayor stated that she feels horrible at this point about what the Council is even
discussing. She said she did not have all the facts because she had to leave the dais to go to the
Regular City Council Minutes
May 27, 2009 Page 31
restroom. She said she did not know all that was said by Ms. Coto. She stated that she wanted
to be able to make an intelligent decision was not able to with the limited knowledge she has.
Councilman Campbell withdrew his motion.
Mayor Gibson said she was concerned about what she heard and read. She said she is
also concerned that if there is something that was done or some wrong doing, or something that
is in violation of the Charter, we as the Council, sitting here to do the people's work , do it
property and in order; will not do what we need to do, in her opinion it sends it the wrong. She
said it is not for the Council to decide if Ms. Coto or Mr. Jackson lied; there are others that
make those decisions. She opined the decision need to be determined by one of those agencies.
Mayor Gibson said if this matter is not an ethics issue, then it needs to go where it can be
investigated. She said the Council can sit there and make easy decision. However, when it is
time to make difficult decisions, that it what determines who the Council members are. She
reiterated that she was not accusing Mr. Williams of doing anything. She said it is not her job
to investigate Mr. Williams, and there are agencies charged with doing that. She opined the
Council needs to do that because it is going to put a cloud over this Council. She said
remember what the public always says, "You are just like the rest of them." She said she did
not want that said about this Council.
Councilman Williams said he take everything he has heard here tonight seriously. He
stated that he has respect for his City Council members, and respect for the law and rules. He
said when talking about reporting him to the State Attorney's Office or Ethics, he wanted to put
this in perspective. He said he did not steal money, did not commit Malfeasant, nor did he
commit bodily injury. He said we read plenty of stories about elected officials violating the
public trust by stealing money or unlawfully receiving benefits while serving on the City
Council.
Councilman Williams said what we are talking about is him seeking information from a
vendor. They may characterize it one way. I characterize a different way. That is the question
subject to dispute. He shared that he has been given proper instructions by the City Attorney
and understand the rules, and his obligations. He conveyed understanding that the elected
officials operate in a political vacuum. He opined it is fair to say that some of that is going on.
He said it is also fair to say that he was wrong, then he acknowledge that he was wrong.
Councilman Williams said to attribute something malice to him in his opinion is totally
inappropriate. He opined if this somehow happens to prevails against him goes against all that
is collegial about this group working together, and moving forward for the betterment of this
City. He opined if the Council is going to devote resources to persecuting him that is a waste of
resources.
Vice Mayor Watson said she was concerned about her colleague Mr. Williams, but was
more concerned about her colleague Mr. Campbell. He withdrew his motion which she thinks
was based on the fact that she was not present. She said she would like to know what was said
in her absence. She said she did not have a problem with making a decision however, she did
Regular City Council Minutes
May 27, 2009 Page 32
not want to make a decision on partial information. She said if she is allowed to review the
recording she will render a decision one way or the other.
Mayor Gibson said no one on the Council said they wanted to be in a position to
investigate Mr. Williams. She said what she has stated and what Councilmen Campbell and
Gilbert have said is to let it go to those entities that make these types of decisions. Those
entities are quite capable of deciding and rendering a decision. If the Council had never heard
this and it had gone straight to the Ethics Commission or the State Attorney's office, the
Council would not be having this discussion. The Council would hear about it once a decision
has been rendered.
Mayor Gibson opined what Councilman Campbell was communicating was that this
complaint needs to leave this dais from the Council.
Councilman Williams reiterated that he was sorry. He opined Mayor Gibson was being
offer persistent about this. He suggested moving forward for this sake of this city and the
Council. He opined this is not an issue we need to prolong or debate or keep a quagmire around
an issue. He reiterated that he did not steal money nor did he commit bodily injury or threaten
anybody on the City Council. He again reiterated that he was sorry and respectfully requested
that the Council move beyond this.
Mayor Gibson asked Councilman Williams to not take the attitude that she is trying to
pursue this anymore than it should be perceived.
Councilman Gilbert said he can accept Mr. Williams' apology on behalf of the residents
and the City but he did not know if any wrong was done. All he knows is what he heard and
read. He referenced an email sent by Councilman Williams to the City Manager with regard to
Mr. Rosemond, which in his opinion is a blatant violation of the Charter. He opined
independent of what Ms. Coto said. He said he did not want the Council, as Councilwoman
Pritchett suggested, of investigating Council members. He said the Council is ill equipped and
not suited to do this.
Councilman Gilbert said if the Council leaves here tonight, and we leave with the idea
that no one...that you know what it's okay ...we give him a pass. He said he was
uncomfortable with that.
Motion offered by Councilman Gilbert to direct the Manager and City Attorney to
forward this item to the Ethics Commission.
Mayor Gibson asked who was the City Attorney being directed to do this.
Councilman Gilbert said he wanted to include the City Attorney so that she can assist
with the crafting of the language.
Attorney Dickens said she did not have a problem with filing a compliant; however
Council Campbell's motion was not to file a complaint he only wanted somebody to investigate.
Regular City Council Minutes
May 27, 2009 Page 33
She said when directions are given to have the City Manager and City Attorney craft something,
that is a complaint.
Councilman Gilbert opined that it would be prudent to attach all the public records
provided.
Vice Mayor Watson said she would second this motion however, she wanted Councilman
Gilbert to clarify his motion.
Councilman Gilbert said the motion is to have the Ethics Commission investigate.
At the conclusion of this discussion, this motion passed and carried by a 4-2 voice vote.
Councilman Williams and Councilwoman Pritchett cast the dissenting votes.
Vice Mayor Watson requested that the City Clerk provide her with a copy of the audio
tape of this item.
(M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
M-1) City Manager's Monthly Report
(N) REPORTS OF MAYOR AND COUNCIL MEMBERS
Councilman Williams announced that he will be hosting a foreclosure clinic on June 11,
2009. This is the third foreclosure clinic that he has hosted. At the first clinic over 250 families
were provided with assistance. At the second foreclosure clinic over 300 families were provided
with assistance.
Councilwoman Pritchett thanked Vice Mayor Watson and Mayor Gibson for their
application for membership to the State of Florida Women Elected to Municipal Government
Organization.
Councilman Gilbert shared that the City participated in a cooking event via Ms. Vernita
Nelson's organization. He said the City was well represented at this event.
Mayor Gibson shared that Councilman Gilbert made a Marconi and Cheese dish for this
event, which was really good.
Mayor Gibson broached the subject of the City Attorney's position. She said initially, the
City contracted for legal services. She conveyed belief that at this time the City Attorney's
office should be brought in-house. She said when you look at what the City has been paying for
one person on a part-time basis, and the need for legal advice and legal opinions on a daily basis,
the Council would get a lot more benefits from bringing the City Attorney in-house.
Mayor Gibson provided information about other municipalities and the cost for their in-
house City Attorney. She asked that the Council review this information. She said she will be
Regular City Council Minutes
May 27, 2009 Page 34
sponsoring a resolution at the next City Council meeting for this purpose. She asked that the
Council contact the City Manager if there are any questions.
Attorney Dickens informed the Council that she will be bringing back an agreement
which will be reviewed by Hans Ottinott, who is the City Attorney for Sunny Isles Beach.
Attorney Dickens advised the Council of the need to hold an Executive Session regarding
the Metro Media litigation, for Wednesday, June 24, 2009 at 5:30 p.m.
Mayor Gibson provided a report as the Miami-Dade League of Cities President and of her
interaction with Mayors from other municipalities and Miami-Dade County, as to their needs and
how to best deal with the County Commission. She shared that she has also met with the Greater
Miami Chamber, the Beacon Council and all of the major players to really look at what we all
talk about in providing quality services to our residents. Miami-Dade League of Cities
represents all the cities in Miami-Dade County, except for Cutler Bay, and advocates for those
issues that are very important to cities. She shared that she has received strong support from the
Miami-Dade County Commission Chair, Dennis Moss.
(O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
There was none.
(P) ADJOURNMENT
There being no further business to come before this Body and upon a motion being duly
made by Councilman Gilbert, the meeting adjourned at 11:50 p.m.
G--~/
Sh' ley ib on, Mayor
Attest:
Ronetta Taylor, MME ity Clerk
Regular City Council Minutes
May 27, 2009 Page 35