HomeMy WebLinkAboutOctober 28, 2009 Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: October 28, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: November
10, 2009 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Oliver G. Gilbert III Councilman Aaron Campbell Jr.
Councilwoman Barbara Watson Councilman André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens, Esq. City
Clerk Ronetta Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an
annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is
broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations,
local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B)
INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – October 14, 2009 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled
from Consent Agenda at this time) October 28, 2009 Page 1 Page 1 of 222
Regular City Council Agenda October 28, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) 1. Calder Race Course 2. Waste Management presentation to Keep Miami Gardens Beautiful
3. Tim Turner, Chair of Park and Recreation Advisory Committee (Quarterly Report) (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE PROVIDING FOR AN AMENDMENT
TO SECTIONS 2.2 AND 3.3(1), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO AUTHORIZE THE CITY COUNCIL TO APPOINT, HIRE, PROMOTE, SUPERVISE AND REMOVE ITS OWN LEGISLATIVE STAFF PERSONS;
SUBMITTING THE QUESTION FOR APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE
TO BE PRESENTED ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY COUNCIL) H-2) AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTION 5.2(D), OF THE CHARTER
OF THE CITY OF MIAMI GARDENS, TO REQUIRE THAT THE CITY CLERK VERIFY ALL SIGNATURES REQUIRED FOR INITIATIVES OR REFERENDUMS WITH THE SUPERVISOR OF ELECTIONS; SUBMITTING THE QUESTION FOR
APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE
BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY COUNCIL) Page 2 of 222
Regular City Council Agenda October 28, 2009 Page 3 H-3) AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTION 6.2(B), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO PROHIBIT CITY STAFF
AND COUNCIL MEMBERS, OTHER THAN THE NONVOTING CITY COUNCIL MEMBER TO BE APPOINTED BY THE MAYOR FROM SERVING ON THE CHARTER REVISION COMMISSION; SUBMITTING THE QUESTION FOR APPROVAL OF
THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING
FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY COUNCIL) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ARTICLE VI, SECTION (A), OF ORDINANCE NO. 2009-20-192, THE CITY’S FLOOD PLAIN MANAGEMENT ORDINANCE TO PROVIDE THAT THE CITY COUNCIL SHALL SERVE AS THE VARIANCE
AND APPEALS BOARD; 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 THE CITY MANAGER) (1st Reading – October 14, 2009) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING THE ELIMINATION OF BODILY
WASTE IN PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – October 14, 2009) I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AND AUTHORIZING
THE EXECUTION AND DELIVERY OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF Page 3 of 222
Regular City Council Agenda October 28, 2009 Page 4 MIAMI GARDENS AND LORD OF THE HARVEST MINISTRIES, INTERNATIONAL, INC. RELATING TO THAT CERTAIN PROPERTY LOCATED AT 2775 NORTHWEST
183RD STREET, MIAMI GARDENS, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – October 14, 2009) I-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AMENDING SECTION 12 (4(A) AND (B) OF ORDINANCE NO. 2005-31, THE “PROPERTY MAINTENANCE ORDINANCE”; DELETING SECTION 18 AMENDING SECTIONS 19 THROUGH 21 TO AMEND AND MERGE THE
SAME; AND RENUMBERING THE REMAINDER OF THE ORDINANCE; 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 THE CITY MANAGER) (1st Reading – October 14, 2009) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S APPOINTMENT OF CAROLYN MAYES TO THE DR. MARTIN LUTHER KING JR., HOLIDAY STEERING COMMITTEE FOR A ONE (1) YEAR TERM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, CONFIRMING COUNCILMAN MELVIN L. BRATTON’S APPOINTMENT OF JOHN PACE TO THE DR. MARTIN LUTHER KING JR., HOLIDAY STEERING COMMITTEE FOR A ONE (1) YEAR TERM; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A
2010 MARTIN LUTHER KING, JR. “UNITY IN THE COMMUNITY” EVENT; Page 4 of 222
Regular City Council Agenda October 28, 2009 Page 5 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE EVENT; PROVIDING FOR EXCEPTIONS/WAIVERS TO BID AND QUOTATION PROCEDURES WHERE NECESSARY;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PRODUCE THE 2009 FESTIVAL OF CAROLS HOLIDAY CELEBRATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE
AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH MIAMI-DADE COUNTY THROUGH THE BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM ATTACHED HERETO AS EXHIBIT “A,” IN ACCORDANCE WITH
THE RECORDS IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS DOCUMENTS AND TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF
FIFTEEN THOUSAND SIX HUNDRED FIFTY-NINE DOLLARS ($15,659.00); PROVIDING FOR INSTRUCTIONS TO THE CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE IMPLEMENTATION OF A PAINT PROGRAM AND INFRASTRUCTURE IMPROVEMENT PROGRAM
IN THE BUNCHE PARK NEIGHBORHOOD REVITALIZATION STRATEGY AREA (BPNRSA); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-7)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING A HISTORIC PRESERVATION PROGRAM IN THE CITY; AUTHORIZING THE DESIGNATION OF A TWO-STORY HOUSE LOCATED
AT Page 5 of 222
Regular City Council Agenda October 28, 2009 Page 6 18450 NORTHWEST 12TH AVENUE AS THE REPOSITORY FOR THE CITY’S HISTORIC ARCHIVES; SUPPORTING THE ESTABLISHMENT OF A CITIZEN’S HISTORIC
SOCIETY; ESTABLISHING INITIAL FUNDING FOR THE FIRST YEAR OF THE PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ENGAGE A PROFESSIONAL CONSULTANT TO ASSIST IN THE ESTABLISHMENT OF THE PROGRAM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE EXPENDITURE OF APPROXIMATELY THREE HUNDRED SEVENTY-ONE THOUSAND, TWO HUNDRED AND SEVEN DOLLARS ($371,207.00) FROM THE CITY’S FOURTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG-R) FUNDING, TO ESTABLISH THE CDBG-R ENERGY EFFICIENT RETROFIT PROGRAM AND ITS IMPLEMENTATION; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING
THE CITY’S ORGANIZATIONAL CHART TO PROVIDE, THAT THE ADMINISTRATIVE ASSISTANTS CURRENTLY ASSIGNED TO THE MAYOR AND COUNCIL THROUGH THE CITY MANAGER’S OFFICE BE REASSIGNED TO THE OFFICE
OF THE CITY CLERK; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN
AARON CAMPBELL JR.) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING “IN CONCEPT,” THE PROPOSAL SUBMITTED BY THE MGTC GROUP FOR DEVELOPMENT AND
CONSTRUCTION OF A CITY HALL/POLICE HEADQUARTERS COMPLEX; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN Page 6 of 222
Regular City Council Agenda October 28, 2009 Page 7 ORDER TO CREATE THE CITY OF MIAMI GARDENS LEASING CORPORATION, AND ANY AND ALL STEPS NECESSARY IN ORDER TO INITIATE IMPLEMENTATION
OF THE CONCEPT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1)
City Manager’s Monthly Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (O) ADJOURNMENT IN ACCORDANCE WITH
THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT
RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM
MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL
ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 7 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: 10/28/2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Ente r Fund & Dept) N/A Advertising Requirement: (Enter X in box) Yes No
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA Sponsor Name City Council Department: NA Short Title: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTIONS 2.2 AND 3.3(1),
OF THE CHARTER OF THE CITY OF MIAMI GARDENS TO AUTHORIZE THE CITY COUNCIL TO APPOINT, HIRE, PROMOTE, SUPERVISE AND REMOVE ITS OWN LEGISLATIVE STAFF PERSONS; SUBMITTING THE QUESTION FOR
APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE
BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Sections 6.1 and 6.2 of the City of Miami Gardens Charter, in December 2008, the City Council appointed
a Charter Revision Commission. The Charter Revision Commission met on several occasions and has made recommendations to the City Council for certain amendments to the City Charter. Among
other amendments, the Commission has recommended that the City Council amend Sections 2.2 and 3.3(1) of the Charter to give the City Council the authority to directly appoint, hire,
promote, supervise and remove its own legislative staff persons. Pursuant to Sections 6.1 and 6.2 of the City Charter and Section 6.03 of the Home Rule Charter of Miami-Dade, as applicable,
the City Council is required to submit the Charter Amendments to the electors of the City for approval or rejection. Proposed Action: Approve an ordinance amending sections 2.2 and 3.3(1),
of the Charter of the City of Miami Gardens. ITEM H-1) ORDIANCE FIRST READING Proposed Charter Amendments Section 2.2 & 3.3(1) Page 8 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Charter Commission Recommendations. Page 9 of 222
Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE No. 09 AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTIONS 2.2 AND 3.3(1), OF THE CHARTER
OF THE CITY OF MIAMI GARDENS, TO AUTHORIZE THE CITY COUNCIL TO APPOINT, HIRE, PROMOTE, SUPERVISE AND REMOVE ITS OWN LEGISLATIVE STAFF PERSONS; SUBMITTING THE QUESTION FOR APPROVAL OF
THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING
FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Sections 6.1 and 6.2 of the City of Miami Gardens Charter, in December 2008, the City Council appointed a Charter Revision
Commission (“Commission”), and WHEREAS, the Charter Revision Commission met and has recommended that the City Council make certain amendments to the City Charter, and WHEREAS, among
other Amendments, the Commission has recommended that the City Council amend Sections 2.2 and 3.3(1) of the Charter to give the City Council the authority to directly appoint, hire,
promote, supervise and remove its own legislative staff persons, and WHEREAS, the City Council agrees with the recommendation made by the Charter Revision Commission and would like to
amend the Charter in accordance with the recommendations being made by the Charter Revision Commission, and Page 10 of 222
Ordinance No. 09-Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, pursuant to Sections 6.1 and 6.2 of the City Charter and Section 6.03 of the Home Rule Charter of Miami-Dade, as applicable,
the City Council is required to submit the Charter Amendments to the electors of the City for approval or rejection, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific
part of this Ordinance. SECTION 2. APPROVAL: The City Council hereby amends Section 2.2 of the Charter as follows: There shall be a City Council (the “Council”) vested with all legislative
14 powers of the City, including the right to appoint, hire, promote, supervise and remove its own legislative staff persons. The Council shall consist of the Mayor and six Council members
(“Council members”). References in this Charter to the Council and/or Council members shall include the Mayor, unless the context dictates otherwise. 15 16 17 18 19 20 21 22 23 24 25
SECTION 3. APPROVAL: The City Council hereby amends Section 3.3(1) of the Charter as follows: The Manager shall: (1) Be responsible for the appointing, hiring, promoting, supervising
and removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney ,and all employees of the Office of the City Clerk
26 27 , and employees of the City Council. 28 Page 11 of 222
Ordinance No. 09-Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SECTION 4. ELECTION CALL: The Mayor is hereby directed and empowered to issue a proclamation calling
for an election to be held concurrent with the general election to be held in the month of August 2010, at such time as may be convenient for, and determined in accordance with the procedure
of the Supervisor of Elections in and for Miami-Dade County, Florida, the Mayor is hereby directed and empowered to do such things as may be necessary and proper in accordance with the
laws of the City of Miami Gardens and the laws of the State of Florida to provide for such election on the proposition herein contemplated; and there should be presented to the electorate
of the City of Miami Gardens, the question of whether or not to amend Sections 2.2 and 3.3(1) of the City Charter to provide that the City Council shall have the authority to appoint,
hire, promote, supervise and remove its own legislative staff. SECTION 5. ELECTORATE APPROVAL NECESSARY: There shall be placed on the ballot of the General Election to be held in the
month of August, 2010, in accordance with the call thereof by the Mayor, the following proposition of whether to amend Sections 2.2 and 3.3(1) of the City Charter to provide that the
City Council shall have the authority to appoint, hire, promote, supervise and remove its own legislative staff; providing that each elector shall indicate such elector's approval for
the proposition; providing further, that in the event the elector shall indicate both approval for and against such change, such elector's vote and ballot shall not be counted in determining
the question presented on such ballot and in such election. One ballot shall be established and made available to each elector, by electronic or other means for the purpose of expression
of such elector's approval or disapproval of the proposition and such Page 12 of 222
Ordinance No. 09-Page 4 1 2 proposition shall be summarized as follows: 3 AUTHORIZING THE CITY COUNCIL TO APPOINT, HIRE, PROMOTE, SUPERVISE 4 AND REMOVE LEGISLATIVE STAFF 5 6 7 8 9 10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Shall Sections 2.2 and 3.3(1) of the City Charter be amended to provide that the City Council shall have the authority to appoint,
hire, promote, supervise and remove its own legislative staff and that said staff shall report directly to the City Council? For________ Against_______ SECTION 6: AUTHORITY: The City
Attorney and City Clerk are hereby authorized to make any such amendments to the ballot title and/or question based upon the rules, regulations and policies of the Supervisor of Elections,
and is hereby authorized to take all steps necessary to fulfill the intent of this Ordinance. SECTION 7. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed.
SECTION 8. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 9. INCLUSION IN CODE: It is the intention of the City Council of the City Page 13 of 222
Ordinance No. 09-Pa ge 5 1 2 3 4 5 6 7 8 9 of Miami Gardens that in the event the ballot question presented herein is approved by the electors of the City that the provisions of this
Ordinance shall become and be made a part of the Charter as included in the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered
or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein
expressed SECTION 10. EFFECTIVE DATE: This Ordinance shall become immediately upon its passage. PASSED ON FIRST READING ON THE 28th DAY OF OCTOBER. 10 PASSED ON SECOND READING ON THE
DAY OF 11 , 20 . 12 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 13 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF 14 , 20 . 15 16 17 ___________________________ 18
19 SHIRLEY GIBSON, MAYOR 20 21 22 23 ATTEST: 24 _________________________________ 25 26 27 28 29 RONETTA RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, ESQ. City Attorney
Page 14 of 222
Ordinance No. 09-Pa ge 6 1 2 3 4 5 6 7 SPONSORED BY: City Council MOVED BY: VOTE: 8 Mayor Shirley Gibson (Yes) (No) 9 Vice Mayor Oliver Gilbert, III (Yes) (No) 10 Councilman Melvin L.
Bratton (Yes) (No) 11 Councilwoman Barbara Watson (Yes) (No) 12 Councilman Andre’ Williams (Yes) (No) 13 Councilwoman Sharon Pritchett (Yes) (No) 14 Councilman Aaron Campbell (Yes) (No)
15 16 17 18 Page 15 of 222
1RECOMMENDED CHARTER AMENDMENTS Section 2.2 There shall be a City Council (the “Council”) vested with all legislative powers of the City, including the right to hire staff persons to
assist the City Council in its legislative affairs. The Council shall consist of the Mayor, and six Council members (“Council members”). References in this Charter to the Council and/or
Council members shall include the Mayor, unless the context dictates otherwise. Section 3.3 The Manager shall: (1) Be responsible for the appointing, hiring, promoting, supervising and
removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney ,and all employees of the Office of the City Clerk, and
employees of the City Council. Section 5.2(D) (D) Procedure for filing. (1) Certificate of Clerk: Amendment. Within 20 calendar days after an initiative Petition is filed or within five
business days after a referendum Petition is filed, the City Clerk shall complete a certificate as to its sufficiency (“the Certificate”). If insufficient the Certificate shall specify
the particulars of the deficiency. A copy of the Certificate shall be promptly sent to the Committee by registered mail. Grounds for insufficiency are only those specified in subsection
(C) of this Section. A Petition certified insufficient for lack of the required number of valid signature may be amended once if the Committee files a notice of intention to amend it
with the City Clerk within two calendar days after receiving the copy of the Certificate and files a Supplementary Petition (“Supplementary Petition”) with the City Clerk with additional
valid signatures within ten calendar days after receiving the copy of such Certificate. Such Supplementary Petition shall comply with the requirements of subsection (C) of this section.
Within five business days after a Supplementary Petition is filed, the City Clerk shall complete a Certificate as to the sufficiency of the Petition as amended (“Amended Petition”) and
promptly send a copy of such Certificate to the Committee by registered mail. If a Petition or Amended Petition is certified sufficient, or if a Petition or Amended Perdition is certified
insufficient and the Committee does not elect to amend or request Council review under paragraph (2) of this subsection within the time required, the City Clerk shall promptly present
his/her certificate to the Council 1 The Charter Revision Commission considered all sections of the Charter. This list merely contains items where motions were actually made. Page 16
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and such Certificate shall then be a final determination as to the sufficiency of the Petition. The Clerk shall be required to verify all signatures required by this section with the
Miami-Dade County Supervisor of Elections. Section 6.2(B) The Commission shall consist of five persons including one from each of the four Residential Areas. One appointment shall be
made by the Mayor and each Residential Council member. In addition, the Mayor shall appoint one person to the Commission who is the Vice-Mayor or Council member who is serving a second
consecutive term, who shall serve as a non-voting Commission member. In the event a second term Vice-Mayor or Council member is not serving, the Mayor may appoint a sitting Vice Mayor
or Council member. The Mayor, City staff, and Council members, other than the nonvoting member referenced above, shall not be eligible for appointment to the Commission. The Commission
shall commence its proceedings within 45 calendar days after appointment by the Council. PROVISIONS THE COMMISSION VOTED NOT TO AMEND ● 1.2 Form of Government – The Commission determined
that the form of government is sufficiently clear in the Charter ● 2.1(a)(3) – Amendments to Council Committees – The Commission determined that no amendments were necessary because
the City Council has discretion to determine whether to appoint laypersons to Committees of the Council. ● 2.6 Compensation/Reimbursement of Expense (Mayor and Council) – The Commission
determined that no changes need to be made at this time to this provision. ● 3.2 City Manager Residency Requirement – The Commission determined that no changes need to be made at this
time to this provision. ● 2.3(e)-Clarification on definition of term – The Commission determined that no amendments need to be made to clarify that “term” for purposes of term limits,
means a complete term, and does not refer to instances when a person fills an incomplete term. ● 2.3(e) – Amendments to Term Limits-The Commission determined that no amendments needed
to be made to this this provision. ● 5.1 Election Dates -The Commission determined that since this provision was already amended by Ordinance that no changes are required. Page 17 of
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: 10/28/2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Ente r Fund & Dept) N/A Advertising Requirement: (Enter X in box) Yes No
X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA Sponsor Name City Council Department: NA Short Title: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTION 5.2(D), OF
THE CHARTER OF THE CITY OF MIAMI GARDENS, TO REQUIRE THAT THE CITY CLERK VERIFY ALL SIGNATURES REQUIRED FOR INITIATIVES OR REFERENDUMS WITH THE SUPERVISOR OF ELECTIONS; SUBMITTING THE
QUESTION FOR APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED
ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Sections 6.2(B) of the
City of Miami Gardens Charter, in December 2008, the City Council appointed a Charter Revision Commission. The Charter Revision Commission met on several occasions, and has made recommendations
to the City Council for certain amendments to the City Charter. Among other amendments, the Commission has recommended that the City Council amend section 5.2(D) of the Charter to require
that the City Clerk verify all signatures required for initiatives or referendums with the Miami Dade County Supervisor of Elections. Pursuant to sections 6.1 and 6.2 of the city Charter
and Section 6.03 of the Home Rule Charter of Miami-Dade, as applicable, the City Council is required to submit the Charter Amendments to the electors of the City for approval or rejection.
Proposed Action: Approve an ordinance amending sections 5.2(D) of the Charter of the City of Miami Gardens. ITEM H-2) ORDIANCE FIRST READING Proposed Charter Amendments Section 5.2(D)
Page 18 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Charter Commission Recommendations. Page 19 of 222
Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE No. 09 AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTION 5.2(D), OF THE CHARTER
OF THE CITY OF MIAMI GARDENS, TO REQUIRE THAT THE CITY CLERK VERIFY ALL SIGNATURES REQUIRED FOR INITIATIVES OR REFERENDUMS WITH THE SUPERVISOR OF ELECTIONS; SUBMITTING THE QUESTION FOR
APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE
BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Sections 6.1 and 6.2 of the City of Miami Gardens Charter, in December 2008, the City Council appointed
a Charter Revision Commission (“Commission”), and WHEREAS, the Charter Revision Commission met and and has recommended that the City Council make certain amendments to the City Charter,
and WHEREAS, among other Amendments, the Commission has recommended that Section 5.2(D) of the Charter be amended to require that the City Clerk verify all signatures required for initiatives
or referendums with the Supervisor of Elections, and WHEREAS, the City Council agrees with the recommendation made by the Charter Revision Commission and would like to amend the Charter
in accordance with the recommendations being made by the Charter Revision Commission, and WHEREAS, pursuant to Sections 6.1 and 6.2 of the City Charter and Section Page 20 of 222
Ordinance No. 09-Pa ge 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6.03 of the Home Rule Charter of Miami-Dade, as applicable, the City Council
is required to submit the Charter Amendments to the electors of the City for approval or rejection, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS as
follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance.
SECTION 2. APPROVAL: The City Council hereby amends Section 5.2 (D) of the Charter as follows: . (D) Procedure for filing. (1) Certificate of Clerk: Amendment. Within 20 calendar days
after an initiative Petition is filed or within five business days after a referendum Petition is filed, the City Clerk shall complete a certificate as to its sufficiency (“the Certificate”).
If insufficient the Certificate shall specify the particulars of the deficiency. A copy of the Certificate shall be promptly sent to the Committee by registered mail. Grounds for insufficiency
are only those specified in subsection (C) of this Section. A Petition certified insufficient for lack of the required number of valid signature may be amended once if the Committee
files a notice of intention to amend it with the City Clerk within two calendar days after receiving the copy of the Certificate and files a Supplementary Petition (“Supplementary Petition”)
with the City Clerk with additional valid signatures within ten calendar days after receiving the copy of such Certificate. Such Supplementary Petition shall comply with the requirements
of subsection (C) of this section. Within five business days after a Supplementary Petition is filed, the City Clerk shall complete a Certificate as to the sufficiency of the Petition
as amended (“Amended Petition”) and promptly send a copy of such Certificate to the Committee by registered mail. If a Petition or Amended Petition is certified sufficient, or if a Petition
or Amended Perdition is certified insufficient and the Committee does not elect to amend or Page 21 of 222
Ordinance No. 09-Pa ge 3 1 2 3 request Council review under paragraph (2) of this subsection within the time required, the City Clerk shall promptly present his/her certificate to the
Council and such Certificate shall then be a final determination as to the sufficiency of the 4 Petition. The Clerk shall be required to verify all signatures required by this 5 section
with the Miami-Dade County Supervisor of Elections. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 3. ELECTION CALL: The Mayor is hereby directed and empowered to
issue a proclamation calling for an election to be held concurrent with the general election to be held in the month of August 2010, at such time as may be convenient for, and determined
in accordance with the procedure of the Supervisor of Elections in and for Miami-Dade County, Florida, the Mayor is hereby directed and empowered to do such things as may be necessary
and proper in accordance with the laws of the City of Miami Gardens and the laws of the State of Florida to provide for such election on the proposition herein contemplated; and there
should be presented to the electorate of the City of Miami Gardens, the question of whether or not to amend Section 5.2(D) of the City Charter to require that the City Clerk verify all
signatures required for initiatives or referendums with the Supervisor of Elections. SECTION 4. ELECTORATE APPROVAL NECESSARY: There shall be placed on the ballot of the General Election
to be held in the month of August, 2010, in accordance with the call thereof by the Mayor, the following proposition of whether to amend Section 5.2(D) of the Charter to require that
the City Clerk verify all signatures required for initiatives or referendums with the Supervisor of Elections; providing that each elector shall indicate such elector's approval for
the proposition; providing further, that in the event the elector shall indicate both approval for and against such change, such elector's vote and ballot shall not be counted in determining
the question presented on Page 22 of 222
Ordinance No. 09-Page 4 1 2 3 4 5 such ballot and in such election. One ballot shall be established and made available to each elector, by electronic or other means for the purpose of
expression of such elector's approval or disapproval of the proposition and such proposition shall be summarized as follows: 6 REQUIRING VERICATION OF SIGNATURES ON INITIATIVES AND REFERENDUMS
7 WITH THE SUPERVISOR OF ELECTIONS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Shall Section 5.2(D) of the City Charter be amended to require that the City Clerk verify
all signatures required for initiatives or referendums with the Miami-Dade Supervisor of Elections? For________ Against_______ SECTION 5: AUTHORITY: The City Attorney and City Clerk
are hereby authorized to make any such amendments to the ballot title and/or question based upon the rules, regulations and policies of the Supervisor of Elections, and is hereby authorized
to take all steps necessary to fulfill the intent of this Ordinance. SECTION 6. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 7. SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Page 23 of 222
Ordinance No. 09-Pa ge 5 1 2 3 4 5 6 7 8 9 10 11 Ordinance. SECTION 8. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that in the event the ballot
question presented herein is approved by the electors of the City that the provisions of this Ordinance shall become and be made a part of the Charter as included in the Code of Ordinances
of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such
other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed SECTION 9. EFFECTIVE DATE: This Ordinance shall become immediately upon its passage.
PASSED ON FIRST READING ON THE 28th DAY OF OCTOBER. 12 PASSED ON SECOND READING ON THE DAY OF 13 , 20 . 14 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 15 GARDENS AT ITS
REGULAR MEETING HELD ON THE DAY OF 16 , 20 . 17 18 19 ___________________________ 20 21 SHIRLEY GIBSON, MAYOR 22 23 24 25 ATTEST: 26 _________________________________ 27 RONETTA TAYLOR,
MMC, CITY CLERK Page 24 of 222
Ordinance No. 09-Pa ge 6 1 2 3 4 5 6 7 8 9 10 11 Prepared by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: City Council MOVED BY: VOTE: 12 Mayor Shirley Gibson (Yes) (No) 13 Vice
Mayor Oliver Gilbert, III (Yes) (No) 14 Councilman Melvin L. Bratton (Yes) (No) 15 Councilwoman Barbara Watson (Yes) (No) 16 Councilman Andre’ Williams (Yes) (No) 17 Councilwoman Sharon
Pritchett (Yes) (No) 18 Councilman Aaron Campbell (Yes) (No) 19 20 21 22 Page 25 of 222
1RECOMMENDED CHARTER AMENDMENTS Section 2.2 There shall be a City Council (the “Council”) vested with all legislative powers of the City, including the right to hire staff persons to
assist the City Council in its legislative affairs. The Council shall consist of the Mayor, and six Council members (“Council members”). References in this Charter to the Council and/or
Council members shall include the Mayor, unless the context dictates otherwise. Section 3.3 The Manager shall: (1) Be responsible for the appointing, hiring, promoting, supervising and
removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney ,and all employees of the Office of the City Clerk, and
employees of the City Council. Section 5.2(D) (D) Procedure for filing. (1) Certificate of Clerk: Amendment. Within 20 calendar days after an initiative Petition is filed or within five
business days after a referendum Petition is filed, the City Clerk shall complete a certificate as to its sufficiency (“the Certificate”). If insufficient the Certificate shall specify
the particulars of the deficiency. A copy of the Certificate shall be promptly sent to the Committee by registered mail. Grounds for insufficiency are only those specified in subsection
(C) of this Section. A Petition certified insufficient for lack of the required number of valid signature may be amended once if the Committee files a notice of intention to amend it
with the City Clerk within two calendar days after receiving the copy of the Certificate and files a Supplementary Petition (“Supplementary Petition”) with the City Clerk with additional
valid signatures within ten calendar days after receiving the copy of such Certificate. Such Supplementary Petition shall comply with the requirements of subsection (C) of this section.
Within five business days after a Supplementary Petition is filed, the City Clerk shall complete a Certificate as to the sufficiency of the Petition as amended (“Amended Petition”) and
promptly send a copy of such Certificate to the Committee by registered mail. If a Petition or Amended Petition is certified sufficient, or if a Petition or Amended Perdition is certified
insufficient and the Committee does not elect to amend or request Council review under paragraph (2) of this subsection within the time required, the City Clerk shall promptly present
his/her certificate to the Council 1 The Charter Revision Commission considered all sections of the Charter. This list merely contains items where motions were actually made. Page 26
of 222
and such Certificate shall then be a final determination as to the sufficiency of the Petition. The Clerk shall be required to verify all signatures required by this section with the
Miami-Dade County Supervisor of Elections. Section 6.2(B) The Commission shall consist of five persons including one from each of the four Residential Areas. One appointment shall be
made by the Mayor and each Residential Council member. In addition, the Mayor shall appoint one person to the Commission who is the Vice-Mayor or Council member who is serving a second
consecutive term, who shall serve as a non-voting Commission member. In the event a second term Vice-Mayor or Council member is not serving, the Mayor may appoint a sitting Vice Mayor
or Council member. The Mayor, City staff, and Council members, other than the nonvoting member referenced above, shall not be eligible for appointment to the Commission. The Commission
shall commence its proceedings within 45 calendar days after appointment by the Council. PROVISIONS THE COMMISSION VOTED NOT TO AMEND ● 1.2 Form of Government – The Commission determined
that the form of government is sufficiently clear in the Charter ● 2.1(a)(3) – Amendments to Council Committees – The Commission determined that no amendments were necessary because
the City Council has discretion to determine whether to appoint laypersons to Committees of the Council. ● 2.6 Compensation/Reimbursement of Expense (Mayor and Council) – The Commission
determined that no changes need to be made at this time to this provision. ● 3.2 City Manager Residency Requirement – The Commission determined that no changes need to be made at this
time to this provision. ● 2.3(e)-Clarification on definition of term – The Commission determined that no amendments need to be made to clarify that “term” for purposes of term limits,
means a complete term, and does not refer to instances when a person fills an incomplete term. ● 2.3(e) – Amendments to Term Limits-The Commission determined that no amendments needed
to be made to this this provision. ● 5.1 Election Dates -The Commission determined that since this provision was already amended by Ordinance that no changes are required. Page 27 of
222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: 10/28/2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Ente r Fund & Dept) N/A Advertising Requirement: (Enter X in box) Yes No
X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA Sponsor Name City Council Department: NA Short Title: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTION 6.2(B), OF
THE CHARTER OF THE CITY OF MIAMI GARDENS, TO PROHIBIT CITY STAFF AND COUNCIL MEMBERS, OTHER THAN THE NONVOTING CITY COUNCIL MEMBER TO BE APPOINTED BY THE MAYOR FROM SERVING ON THE CHARTER
REVISION COMMISSION; SUBMITTING THE QUESTION FOR APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF
THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Sections 6.2(B) of the City of Miami Gardens Charter,
in December 2008, the City Council appointed a Charter Revision Commission. The Charter Revision Commission met on several occasions, and has made recommendations to the City Council
for certain amendments to the City Charter. Among other amendments, the Commission has recommended that the City Council amend Sections 6.2(B) of the Charter to prohibit city staff and
council members, other than the nonvoting City Council member to be appointed by the Mayor, from serving on the Charter Revision Commission. Pursuant to Sections 6.1 and 6.2 of the City
Charter and Section 6.03 of the Home Rule Charter of Miami-Dade, as applicable, the City Council is required to submit the Charter Amendments to the electors of the City for approval
or or rejection. ITEM H-3) ORDIANCE FIRST READING Proposed Charter Amendments Section 6.2(B) Page 28 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Approve an ordinance amending sections 6.2(B) of the Charter of the City of Miami Gardens. Attachment:
Charter Commission Recommendations. Page 29 of 222
Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE No. 09 AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTION 6.2(B), OF THE CHARTER
OF THE CITY OF MIAMI GARDENS, TO PROHIBIT CITY STAFF AND COUNCIL MEMBERS, OTHER THAN THE NONVOTING CITY COUNCIL MEMBER TO BE APPOINTED BY THE MAYOR FROM SERVING ON THE CHARTER REVISION
COMMISSION; SUBMITTING THE QUESTION FOR APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION
ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Sections 6.1 and 6.2 of the City of Miami Gardens Charter, in December
2008, the City Council appointed a Charter Revision Commission (“Commission”), and WHEREAS, WHEREAS, the Charter Revision Commission met and has recommended that the City Council make
certain amendments to the City Charter, and WHEREAS, among other Amendments, the Commission has recommended that Section 6.2(B) of the Charter be amended to prohibit city staff and council
members, other than the nonvoting City Council member to be appointed by the Mayor, from serving on the Charter Revision Commission, and WHEREAS, the City Council agrees with the recommendation
made by the Charter Revision Commission and would like to amend the Charter in accordance with the recommendations being made by the Charter Revision Commission, and Page 30 of 222
Ordinance No. 09-Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, pursuant to Sections 6.1 and 6.2 of the City Charter and Section 6.03 of the Home Rule Charter of
Miami-Dade, as applicable, the City Council is required to submit the Charter Amendments to the electors of the City for approval or rejection, NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same
are hereby made a specific part of this Ordinance. SECTION 2. APPROVAL: The City Council hereby amends Section 6.2(B) of the Charter as follows: The Commission shall consist of five
persons including one from each of the four Residential Areas. One appointment shall be made by the Mayor and each Residential Council member. In addition, the Mayor shall appoint one
person to the Commission who is the Vice-Mayor or Council member who is serving a second consecutive term, term, who shall serve as a non-voting Commission member. In the event a second
term Vice-Mayor or Council member is not serving, the Mayor may appoint a sitting Vice 21 Mayor or Council member. The Mayor, City staff, and Council members, other than the nonvoting
member referenced above, shall not be eligible for appointment to the Commission. The Commission shall commence its proceedings within 45 calendar days after appointment by the Council.
22 23 24 25 26 27 28 SECTION 3. ELECTION CALL: The Mayor is hereby directed and empowered to issue a proclamation calling for an election to be held concurrent with the general Page
31 of 222
Ordinance No. 09-Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 election to be held in the month of August 2010, at such time as may be convenient for, and determined
in accordance with the procedure of the Supervisor of Elections in and for Miami-Dade County, Florida, the Mayor is hereby directed and empowered to do such things as may be necessary
and proper in accordance with the laws of the City of Miami Gardens and the laws of the State of Florida to provide for such election on the proposition herein contemplated; and there
should be presented to the electorate of the City of Miami Gardens, the question of whether or not to amend Section 6.2(B) of the City Charter to prohibit city staff and council members,
other than the nonvoting City Council member to be appointed by the Mayor from serving on the Charter Revision Commission. SECTION 4. ELECTORATE APPROVAL NECESSARY: There shall be placed
on the ballot of the General Election to be held in the month of August, 2010, in accordance with the call thereof by the Mayor, the following proposition of whether to amend Section
6.2(B) of the Charter to prohibit city staff and council members, other than the nonvoting City Council member to be appointed by the Mayor from serving on the Charter Revision Commission;
providing that each elector shall indicate such elector's approval for the proposition; providing further, that in the event the elector shall indicate both approval for and against
such change, such elector's vote and ballot shall not be counted in determining the question presented on such ballot and in such election. One ballot shall be established and made available
to each elector, by electronic or other means for the purpose of expression of such elector's approval or disapproval of the proposition and such proposition shall be summarized as follows:
23 PROHIBITIING CITY STAFF AND CERTAIN COUNCIL MEMBERS FROM SERVING 24 ON THE CHARTER REVISION COMMISSION Page 32 of 222
Ordinance No. 09-Pa ge 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Shall Section 6.2(B) of the City Charter be amended to prohibit city staff and council members,
other than the nonvoting member that is to be appointed by the Mayor, from serving on the Charter Revision Commission? For________ Against_______ SECTION 5: AUTHORITY: The City Attorney
and City Clerk are hereby authorized to make any such amendments to the ballot title and/or question based upon the rules, regulations and policies of the Supervisor of Elections, and
is hereby authorized to take all steps necessary to fulfill the intent of this Ordinance. SECTION 6. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed.
SECTION 7. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 8. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that in the event the ballot question presented herein is approved by the electors
of the City that the provisions of this Ordinance shall become and be made a part of the Charter as included in the Code of Ordinances of the City of Miami Gardens and that Page 33 of
222
Ordinance No. 09-Pa ge 5 1 2 3 4 5 6 the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such
other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed SECTION 9. EFFECTIVE DATE: This Ordinance shall become immediately upon its passage.
PASSED ON FIRST READING ON THE 28th DAY OF OCTOBER. 7 PASSED ON SECOND READING ON THE DAY OF 8 , 20 . 9 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 10 GARDENS AT ITS
REGULAR MEETING HELD ON THE DAY OF 11 , 20 . 12 13 14 ___________________________ 15 16 SHIRLEY GIBSON, MAYOR 17 18 19 20 ATTEST: 21 _________________________________ 22 23 24 25 26
27 28 29 30 31 32 RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: City Council MOVED BY: VOTE: Page 34 of 222
Ordinance No. 09-Pa ge 6 1 2 Mayor Shirley Gibson (Yes) (No) 3 Vice Mayor Oliver Gilbert, III (Yes) (No) 4 Councilman Melvin L. Bratton (Yes) (No) 5 Councilwoman Barbara Watson (Yes)
(No) 6 Councilman Andre’ Williams (Yes) (No) 7 Councilwoman Sharon Pritchett (Yes) (No) 8 Councilman Aaron Campbell (Yes) (No) 9 10 11 12 Page 35 of 222
1RECOMMENDED CHARTER AMENDMENTS Section 2.2 There shall be a City Council (the “Council”) vested with all legislative powers of the City, including the right to hire staff persons to
assist the City Council in its legislative affairs. The Council shall consist of the Mayor, and six Council members (“Council members”). References in this Charter to the Council and/or
Council members shall include the Mayor, unless the context dictates otherwise. Section 3.3 The Manager shall: (1) Be responsible for the appointing, hiring, promoting, supervising and
removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney ,and all employees of the Office of the City Clerk, and
employees of the City Council. Section 5.2(D) (D) Procedure for filing. (1) Certificate of Clerk: Amendment. Within 20 calendar days after an initiative Petition is filed or within five
business days after a referendum Petition is filed, the City Clerk shall complete a certificate as to its sufficiency (“the Certificate”). If insufficient the Certificate shall specify
the particulars of the deficiency. A copy of the Certificate shall be promptly sent to the Committee by registered mail. Grounds for insufficiency are only those specified in subsection
(C) of this Section. A Petition certified insufficient for lack of the required number of valid signature may be amended once if the Committee files a notice of intention to amend it
with the City Clerk within two calendar days after receiving the copy of the Certificate and files a Supplementary Petition (“Supplementary Petition”) with the City Clerk with additional
valid signatures within ten calendar days after receiving the copy of such Certificate. Such Supplementary Petition shall comply with the requirements of subsection (C) of this section.
Within five business days after a Supplementary Petition is filed, the City Clerk shall complete a Certificate as to the sufficiency of the Petition as amended (“Amended Petition”) and
promptly send a copy of such Certificate to the Committee by registered mail. If a Petition or Amended Petition is certified sufficient, or if a Petition or Amended Perdition is certified
insufficient and the Committee does not elect to amend or request Council review under paragraph (2) of this subsection within the time required, the City Clerk shall promptly present
his/her certificate to the Council 1 The Charter Revision Commission considered all sections of the Charter. This list merely contains items where motions were actually made. Page 36
of 222
and such Certificate shall then be a final determination as to the sufficiency of the Petition. The Clerk shall be required to verify all signatures required by this section with the
Miami-Dade County Supervisor of Elections. Section 6.2(B) The Commission shall consist of five persons including one from each of the four Residential Areas. One appointment shall be
made by the Mayor and each Residential Council member. In addition, the Mayor shall appoint one person to the Commission who is the Vice-Mayor or Council member who is serving a second
consecutive term, who shall serve as a non-voting Commission member. In the event a second term Vice-Mayor or Council member is not serving, the Mayor may appoint a sitting Vice Mayor
or Council member. The Mayor, City staff, and Council members, other than the nonvoting member
referenced above, shall not be eligible for appointment to the Commission. The Commission shall commence its proceedings within 45 calendar days after appointment by the Council. PROVISIONS
THE COMMISSION VOTED NOT TO AMEND ● 1.2 Form of Government – The Commission determined that the form of government is sufficiently clear in the Charter ● 2.1(a)(3) – Amendments to Council
Committees – The Commission determined that no amendments were necessary because the City Council has discretion to determine whether to appoint laypersons to Committees of the Council.
● 2.6 Compensation/Reimbursement of Expense (Mayor and Council) – The Commission determined that no changes need to be made at this time to this provision. ● 3.2 City Manager Residency
Requirement – The Commission determined that no changes need to be made at this time to this provision. ● 2.3(e)-Clarification on definition of term – The Commission determined that
no amendments need to be made to clarify that “term” for purposes of term limits, means a complete term, and does not refer to instances when a person fills an incomplete term. ● 2.3(e)
– Amendments to Term Limits-The Commission determined that no amendments needed to be made to this this provision. ● 5.1 Election Dates -The Commission determined that since this provision
was already amended by Ordinance that no changes are required. Page 37 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA X N/A Sponsor Name City Manager Danny Crew Department: Public Works Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ARTICLE VI, SECTION (A), OF ORDINANCE NO. 2009‐20‐192, THE CITY’S FLOOD PLAIN MANAGEMENT ORDINANCE; PROVIDE THAT THE CITY COUNCIL SHALL SERVE AS THE VARIANCE
AND APPEALS BOARD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE Staff Summary: The City
of Miami Gardens joined the National Flood Insurance Program (NFIP) on June 21, 2004. Participating in the NFIP allows City residents and businesses to purchase flood insurance at reasonable
rates, and qualifies the City for federal disaster assistance and grant programs in the event of a declared disaster. Participation in the NFIP also ensures that citizens are protected
from flood damage through enforcement of flood protection standards throughout the City. On September 8, 2009, the Council approved a revised City Floodplain Management Ordinance, which
streamlined the prior County ordinance. At that time, the Zoning Appeals Board was named as the appellate board to hear variance and appeals requests from the standards of the new Ordinance.
This amendment places the authority to decide appeals and variances with the City Council, since they meet on a regular basis and can hear appeals and variance requests in a timelier
manner. ITEM I-1) ORDINANCE FIRST READING/PUBLIC HEARING Amending the City's Flood Plain Ordinance Page 38 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Recommendation: It is recommended that City Council approves the amendment to the Floodplain Management Ordinance,
designating itself as the Variance and Appeals Board. Attachment: None Page 39 of 222
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 2009____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE
VI, SECTION (A), OF ORDINANCE NO. 2009-20-192, THE CITY’S FLOOD PLANE MANAGEMENT ORDINANCE TO PROVIDE THAT THE CITY COUNCIL SHALL SERVE AS THE VARIANCE AND APPEALS BOARD; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;PROVIDING AN EFFECTIVE DATE WHEREAS, on September
8, 2009, the City of Miami Gardens adopted its Flood Plane Management Ordinance, and WHEREAS, the original Ordinance provided that the City Council would appoint members to a Variance
and Appeals Board to hear and decide appeals of final decisions of the Public Works Director or the Flood Plane Administrator, and WHEREAS, a determination has been made that it would
be most prudent for the City Council to serve as the Variance and Appeals Board, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance.
Section 2. AMENDMENT: The Flood Plane Management Ordinance No. 2009-20-192 is hereby amended, Article VI, Section A, as follows: 29 The Mayor and each member of the City Council shall
hereby appoint a member to the designates itself as the Variance and Appeals Board, 30 31 which members shall serve at the pleasure of the Mayor or __________________ Language deleted
is stricken through and language added is underlined. Page 40 of 222
1 2 3 Councilmember making the appointment. The Board shall hear and decide appeals of final decisions of the Public Works Director or Flood Plane Administrator, and variances from the
requirements of 4 this Ordinance. The Board shall be subject to the requirements of 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 2005-02-40. Section 3.
CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered
or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein
expressed. Section6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14TH DAY OF OCTOBER, 2009. PASSED ON SECOND
READING ON THE ____ DAY OF _________, 2009. __________________ Language deleted is stricken through and language added is underlined. Page 41 of 222
1 2 3 4 5 6 7 8 9 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2009. ________________________________
SHIRLEY GIBSON, MAYOR __________________ Language deleted is stricken through and language added is underlined. Page 42 of 222
__________________ Language deleted is stricken through and language added is underlined. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: _________________________________ RONETTA
TAYLOR, MMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER Moved by: __________________ Second by: _________________ VOTE:
_________ 19 Mayor Shirley Gibson ____ (Yes) ____(No) 20 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 21 Councilman Melvin L. Bratton ____(Yes) ____(No) 22 Councilman Aaron Campbell
____ (Yes) ____(No) 23 Councilman Andre’ Williams ____(Yes) ____(No) 24 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 25 Councilwoman Barbara Watson ____ (Yes) ____(No) 26 Page 43
of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, PROHIBITING THE ELIMINATION OF BODILY WASTE IN PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Since being implemented in December 2007, the Miami Gardens Police Department (MGPD) has consistently responded
to calls for service and enforced the laws of the State of Florida as well as Ordinances of the City of Miami Gardens. This enforcement has been done with vigor and success in order
to prevent /reduce crime, and provide an environment of safety for our residents and business owners. During this initial implementation, quality of life issues have been at the forefront
of complaints from residents and business owners alike. The perception that an area is not safe creates a negative environment and interferes with commerce and resident activity. This
proposed ordinance will enhance the opportunity for residents to be secure in their community by prohibiting individuals from urinating and/or defecating in public. The police department
routinely fields calls, observes these acts and receives complaints about such behavior. In addition to the negative public health aspect of these actions, many times perpetrators facilitate
these activities in front of minor children and others using public transportation or who are attempting to conduct business within the City of Miami Gardens. This type of indecency
creates a negative image for those being exposed to these actions and cast a poor light on our community as a whole. Enabling officers to take enforcement action in these instances will
curve repeated instances and enhance public safety. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Prohibiting the elimination of bodily waste in public Page 44 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Ordinance Provisions: The ordinance provides that MGPD officers may enforce the ordinance prohibiting urination
and/or defecation in public view. The penalty for violation of this ordinance will be punishable by a term not to exceed 60 days in jail and a fine not to exceed $500.00. Recommendation:
That the City Council enact the attached ordinance prohibiting urination ad/or defecation in public view. Attachment: None Page 45 of 222
Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING THE ELIMINATION OF BODILY WASTE
IN PUBLIC; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE
DATE. WHEREAS, the Mayor and City Council of the City of Miami Gardens have the authority to protect the health, safety, and welfare of all of its residents, and WHEREAS, the City Council
desires to maintain a clean and safe environment and prevent living conditions that would contribute to disease transmission, trespassing, litter, the destruction of private and public
property, and other serious conditions, and WHEREAS, the City finds that it is in the public interest to prohibit public urination and defecation unless a person, due to either age or
verified infirmity, lacks full control of their bodily functions that control urination or defecation , and WHEREAS, the City has a compelling interest in preventing urinating or defecation
in public in Miami Gardens, and WHEREAS, the Mayor and City Council of the City of Miami Gardens, would like to adopt an ordinance to provide protection and safety in public places within
the City, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses
are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. CREATION OF ORDINANCE: An Ordinance relating to Urinating
Page 46 of 222
Ordinance No. 2009-Page 2 19 20 and Defecating in public is hereby created in the City of Miami Gardens, as follows: URINATING AND DEFECATING IN PUBLIC 21 SECTION A. Definitions. 22
23 24 25 For the purpose of this ordinance, Public Place: shall mean any place where the conduct may reasonably be expected to be viewed or could be viewed by. 26 SECTION B. Urinating
and Defecation Prohibited. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1. It shall be unlawful for any person to intentionally urinate or defecate in plain view of the public on
any public sidewalk, street, alley, park, mall or other public place in the city. For purposes of this section "in plain view of the public" shall mean where such act may be readily
observed by a member of the public. 2. This section shall not apply to urinating or defecating in any restroom facility in a manner for which that facility was designed. 3. This section
shall not apply to the following individuals; a. Children under the age of five (5) or younger; b. Persons Persons of any age who violated this ordinance due to a verified medical condition.
43 SECTION C. Penalty. 44 45 46 47 48 49 Any person convicted of a violation of this section shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment
not to exceed sixty (60) days, or both, in the discretion of the County Court. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict Page 47 of 222
Ordinance No. 2009-Page 3 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 herewith are hereby repealed. SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance
may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish
the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. SECTION 6. EFFECTIVE DATE: This Ordinance shall
become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14th DAY OF OCTOBER. PASSED ON SECOND READING ON THE DAY OF , 20 . ADOPTED AND PASSED BY THE CITY
COUNCIL OF THE CITY OF MIAMI Page 48 of 222
Ordinance No. 2009-Page 4 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20 . SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney SPONSORED BY: Danny Crew, City Manager MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Oliver Gilbert, III (Yes) (No) Councilman Melvin L. Bratton (Yes) (No)
Councilwoman Barbara Watson (Yes) (No) Councilman Andre’ Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Aaron Campbell (Yes) (No) Page 49 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name City Manager Danny Crew Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND LORD OF THE HARVEST MINISTRIES, INTERNATIONAL,
INC. RELATING TO THAT CERTAIN PROPERTY LOCATED AT 2775 NORTHWEST 183RD STREET, MIAMI GARDENS, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens recently purchased property
located at 2775 NW 183 Street, also known as the Spirit of Christ Church. Prior to the City acquiring the property the church facility had been leased for two years to Lord of the Harvest
Ministries International Inc. for weekly services. Pastors with Lord of the Harvest Ministries International, Inc. reached out to City Manager Danny Crew requesting permission to continue
using the facility for church services as the City plans for the future ITEM I-3) ORDINANCE SECOND READING/PUBLIC HEARING Authorizing a Lease Agreement w/Lord of the Harvest Ministries
Page 50 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 development of the property. Based on this request, a month‐to‐month lease agreement has been developed. This lease
agreement outlines the responsibilities of each party. Proposed Action: It is recommended that City Council allow the City Manager to execute a month‐to‐month lease agreement with Lord
of the Harvest Ministries International, Inc. for use of city property located at 2775 NW 183 Street for church services. Attachment: Attachment A –Lease Agreement Page 51 of 222
1 ORDINANCE No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AND AUTHORIZING
THE EXECUTION AND DELIVERY OF THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND LORD OF THE HARVEST MINISTRIES, INTERNATIONAL, INC. RELATING TO THAT CERTAIN PROPERTY
LOCATED AT 2775 NORTHWEST 183RD STREET, MIAMI GARDENS, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Miami Gardens recently purchased a property located at 2775 Northwest 183rd Street, also
known as Spirit of Christ Church, and WHEREAS, prior to the City purchasing the property, the church was being leased by Lord of the Harvest Ministries, International, Inc. for weekly
church services, and WHEREAS, Lord of the Harvest Ministries, Int’l., Inc. has requested that the City continue to lease the premises until such time as the City decides what it will
do with the property, and WHEREAS, the City Attorney’s Office has drafted a month-to-month Lease Agreement that outlines the responsibility of the parties, a copy of which is attached
hereto as Exhibit “A” for review and approval of the City Council, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 52 of 222
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 2. APPROVAL OF LEASE AGREEMENT: The City Manager is hereby authorized to execute and deliver the Lease Agreement on
behalf of the City, and the City Clerk is hereby authorized to attest to that certain Lease Agreement between the City of Miami Gardens and Lord of the Harvest Ministries, International,
Inc., a copy of which is attached hereto as Exhibit “A.” Section 3. CONFLICT: All Ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If
any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect the the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE:
This Ordinance will become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14th DAY OF OCTOBER, 2009. PASSED ON SECOND READING ON THE _____ DAY OF ______________,
2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ________ DAY OF _____________________, 2009. Page 53 of 222
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC,
CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ SECOND BY: ___________________ VOTE: _____ 26
Mayor Shirley Gibson (Yes) ___(No) 27 Vice Mayor Oliver Gilbert III (Yes) ___(No) 28 Councilman Melvin L. Bratton (Yes) ___(No) 29 Councilman Aaron Campbell (Yes) ___(No) 30 Councilwoman
Barbara Watson (Yes) ___(No) 31 Councilwoman Sharon Pritchett (Yes) ___(No) 32 Councilman André Williams (Yes) ___(No) 33 34 35 Page 54 of 222
Non Exclusive Lease Agreement THIS LEASE AGREEMENT ("Lease") is made and effective this ___ day of _______________, 2009, by and between the City of Miami Gardens ("Lessor") and Lord
of the Harvest Ministries International, Inc ("Lessee"). WHEREAS, Lessor is the owner of land and improvements commonly known and numbered as 2775 N.W. 183rd Street, Miami Gardens, Florida,
and legally described as follows: PARCEL 1: Miami Gardens Land. Beginning at the Southwest corner of Lot 127, in Section 4, Township 52 South, Range 41 East, according to Survey of MIAMI
GARDENS, according to the Plat thereof, recorded in Plat Book 2, Page 96, of the Public Records of MIAMI-DADE County, Florida, thence North along West boundary of said lot, a distance
of 440 feet; thence East 190 feet; thence South 440 feet to the South line of said lot; thence West along South line of said lot, 190 feet to the Point of Beginning, less the South 15
feet. PARCEL 2: Tract 127 less the West 190 feet of the South 460 feet thereof, less the South South 15 feet thereof, in Section 4, Township 52 South, Range 41 East of MIAMI GARDENS
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 96, of the Public Records of Miami-Dade County, Florida. Parcel Identification Number: 30-2104-001-0580 and
0670 (the "Building"), and WHEREAS, Lessor agrees to make available for lease the Building located on said property (the "Leased Premises" or “Premises”), and WHEREAS, Lessor desires
to lease the Leased Premises to Lessee on a nonexclusive basis, and Lessee desires to lease the Leased Premises from Lessor for the term, at the rental amount and upon the covenants,
conditions and provisions herein set forth, Page 1 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 55 of 222
NOW THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, the parties agree as follows: 1. Term. Lessor hereby leases the Leased
Premises to Lessee on a month-to-month basis commencing November 1, 2009. Lessor may terminate the tenancy or modify the terms of this agreement by giving Lessee thirty (30) days notice.
Lessee may terminate the agreement by providing Lessor thirty (30) days notice. 2. Rental. a. Lessee shall pay rent in the amount of $1,500.00 per month. The rent amount for the first
month shall be paid to Lessor on or before the first date of the Lease. All other rent payments shall be due in advance on the first day of each calendar month during the lease term
to Lessor at 1515 N.W. 167th Street, Building 5, Suite 200, Attn: Vernita Nelson, Assistant City Manager, or at such other place designated by written notice from Lessor or Lessee. Lessee
shall pay a late fee of $100.00 for each month where rent is not paid on or before the due date. b. Lessee shall pay a Security Deposit in the amount of $1,500.00 Lessor may apply the
security deposit for the purpose of curing any default or defaults of Lessee hereunder, in which event Lessee shall replenish said deposit in full by promptly paying to Lessor the amount
so applied. Lessor is not required to pay interest on said deposit. Such sum shall be returned to the Lessee after the expiration of this Lease, provided the Lessee has fully and faithfully
carried out all of its terms. Page 2 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 56 of 222
3. Premises. a. Lessee has examined the Premises, is familiar with the condition of the Premises and accepts them “as is,” “with all faults,” in their present condition. b. The Premises
shall be used for congregational services on Wednesdays, Saturdays, and Sundays.. Lessee shall not use the Leased Premises for any other purpose. Lessee is strictly prohibited from storing,
manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 4. Sublease and Assignment. Lessee shall not sublease all or any
part of the Leased Premises, or assign this Lease in whole or in part without Lessor's consent. 5. Repairs. During the Lease term, Lessee shall make, at Lessee's expense, all necessary
repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal
occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements. Lessee shall
not have the right to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises without Page 3 of 14 Lease Agreement with
Lord of the Harvest Ministries Int’l., Inc. Page 57 of 222
Lessor’s written consent. 7. Taxes/Assessments. a. Personal Property Taxes. The Lessee shall be liable for all taxes levied against any leasehold interest of the Lessee or personal property
and trade fixtures owned or placed by the Lessee in the Leased Premises. b. Real Estate Taxes. During the continuance of this Lease Landlord shall deliver to Lessee a copy of any real
estate taxes and assessments against the Leased Property. From and after the Commencement Date, the Lessee shall pay to Landlord not later than twenty-one (21) days after the day on
which the same may become initially due, all real estate taxes and assessments applicable to the Leased Premises, together with any interest and penalties lawfully imposed thereon as
a result of Lessee's late payment thereof, which shall be levied upon the Leased Premises during the term of this Lease. c. Contest of Taxes. The Lessee, at its own cost and expense,
may, if it shall in good faith so desire, contest by appropriate proceedings the amount of any personal or real property tax. The Lessee may, if it shall so desire, endeavor at any time
or times, by appropriate proceedings, to obtain a reduction in the assessed valuation of the Leased Premises for tax purposes. In any such event, if the Landlord agrees, at the request
of the Lessee, to join with the Lessee at Lessee's expense in said proceedings and the Landlord agrees to sign and deliver such papers and instruments as may be necessary to prosecute
such proceedings, the Lessee shall have the right to contest the amount of any such tax and the Lessee shall have the right to withhold payment of any such tax, if the statute under
which the Lessee is contesting such tax so permits. Page 4 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 58 of 222
d. Payment of Ordinary Assessments. The Lessee shall pay all assessments, ordinary and extraordinary, attributable to or against the Leased Premises not later than twenty-one (21) days
after the day on which the same became initially due. The Lessee may take the benefit of any law allowing assessments to be paid
in installments and in such event the Lessee shall only be liable for such installments of assessments due during the term hereof. e. Changes in Method of Taxation. Landlord and Lessee
further agree that if at any time during the term of this Lease, the present method of taxation or assessment of real estate shall be changed so that the whole or any part of the real
estate taxes, assessment or governmental impositions now levied, assessed or imposed on the Leased Premises shall, in lieu thereof, be assessed, levied, or imposed wholly or in part,
as a capital levy or otherwise upon the rents reserved herein or any part thereof, or as a tax, corporation franchise tax, assessment, levy or charge, or any part thereof, measured by
or based, in whole or in part, upon the Leased Premises or on the rents derived therefrom and imposed upon the Landlord, then the Lessee shall pay all such taxes, assessments, levies,
impositions, or charges. 8. Indemnity/Insurance. a. Lessee shall at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective
activities in or about the Premises, with the premiums thereon fully paid on or before due date, issued by and binding upon an insurance company, such insurance to afford minimum protection
of not less than $600,000.00 combined single limit coverage of bodily injury, property damage or combination thereof. Lessor shall be listed as an Page 5 of 14 Lease Agreement with Lord
of the Harvest Ministries Int’l., Inc. Page 59 of 222
additional insured on Lessee's policy or policies of comprehensive general liability insurance, and Lessee shall provide Lessor with current Certificates of Insurance evidencing Lessee's
compliance with this Paragraph. Lessee shall obtain the agreement of Lessee's insurers to notify Lessor that a policy is due to expire at least (10) days prior to such expiration. Lessor
shall not be required to maintain insurance against thefts within the Leased Premises or the Building. b. Lessee shall indemnify, defend, and hold Lessor harmless of and from all claims,
suits, liabilities, damages, fines, penalties, charges, losses, costs and expenses related to Lessee’s use or occupancy of the Premises, or arising from, or in any way related to the
acts or omission of Lessee, its employees, agents and invitees. c. Lessee shall promptly notify Lessor of any damage to the Premises, any accident in or about the Premises. 9. Utilities.
Lessor shall pay all charges for lawn service, water, sewer, electricity, on the Leased Premises during the term of this Lease. Lessee shall pay all charges for security system/services,
and telephones on the Leased Premises during the term of this Lease. Lessee shall pay such amounts within fifteen (15) days of invoice. Lessee shall not use any equipment or devices
that utilize excessive electrical energy or which may, in Lessor's reasonable opinion, overload the wiring or interfere with electrical services to other lessees. 10. Signs. Page 6 of
14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 60 of 222
No new signage shall be located on the Premises, without Lessor’s written approval. 11. Entry. Lessor shall have the right to enter upon the Leased Premises at reasonable hours to inspect
the same, provided Lessor shall not thereby unreasonably interfere with Lessee's use of the Leased Premises. Lessor shall have the right to conduct city business on the Leased Premises
with 10 business days notification to Lessee. Lessor shall utilize the Leased Premises from Monday, January 18, 2010 thru Friday, February 12, 2010 to accommodate activities associated
with the Pro Bowl and Super Bowl Games. 12. Parking. During the term of this Lease, Lessee shall have the non-exclusive use in common with Lessor or Lessor’s guests or invitees, of the
automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate
parking areas within the Building or in reasonable proximity thereto, for Lessee and Lessee's Lessee's agents and employees. 13. Building Rules. Page 7 of 14 Lease Agreement with Lord
of the Harvest Ministries Int’l., Inc. Page 61 of 222
Lessee will comply with all rules of the Building adopted and altered by Lessor from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes
to such rules will be sent by Lessor to Lessee in writing. 14. Damage and Destruction. a. If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire,
casualty or structural defects that the same cannot be used for Lessee's purposes, then Lessee shall have the right within ninety (90) days following damage to elect by notice to Lessor
to terminate this Lease as of the date of such damage. b. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence
of Lessee or any of Lessee's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Lessee shall be responsible for the costs
of repair not covered by insurance. 15. Default. If default shall at any time be made by Lessee in the payment of rent when due to Lessor as herein provided, and if said default shall
continue for five (5) days after written notice thereof shall have been given to Lessee by Lessor, or if default shall be made in any of the other covenants or conditions to be kept,
observed and performed by Lessee, and such default shall continue for fifteen (15) days after notice thereof in writing to Lessee by Lessor without correction thereof then having been
commenced and thereafter diligently prosecuted, Lessor may declare the term of this Lease ended and terminated by giving Lessee written notice of such intention, and if possession of
the Leased Premises is not Page 8 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 62 of 222
surrendered, Lessor may reenter said Premises. Lessor shall have, in addition to the remedy above provided, any other right or remedy available to Lessor on account of any Lessee’s default,
either in law or equity. Lessor shall use reasonable efforts to mitigate its damages. 16. Quiet Possession. Lessor covenants and warrants that upon performance by Lessee of its obligations
hereunder, Lessor will keep and maintain Lessee in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 17.
Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when
the public authority takes possession, and Lessor and Lessee shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover
compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning
authority. 18. Subordination. Lessee accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises,
or upon the Building and to any renewals, refinancing and extensions thereof, but Lessee agrees that any such mortgagee shall have the right at any time to subordinate such mortgage,
deed Page 9 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 63 of 222
of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Lessor is hereby irrevocably vested with full
power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Lessee agrees
upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Lessor may request. In the event that Lessee should fail to execute
any instrument of subordination herein required to be executed by Lessee promptly as requested, Lessee hereby irrevocably constitutes Lessor as its attorney-in-fact to execute such instrument
in Lessee's name, place and stead, it being agreed that such power is one coupled with an interest. Lessee agrees that it will from time to time upon request by Lessor execute and deliver
to such persons as Lessor shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that
the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Lessor is not in default
hereunder (or if Lessee alleges a default stating the nature of such alleged default) and further stating such other matters as Lessor shall reasonably require. 19. Security Deposit.
The Security Deposit shall be held by Lessor without liability for interest and as security for the performance by Lessee of Lessor's covenants and obligations under this Lease, it being
expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Lessor's damages in case of default by Lessee. Unless otherwise provided
by mandatory non-waivable law or regulation, Lessor may commingle the Security Deposit with Lessor's other funds. Lessor may, from time to time, without prejudice to any other remedy,
use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Lessee Page 10 of 14 Lease Agreement with Lord
of the Harvest Ministries Int’l., Inc. Page 64 of 222
hereunder. Following any such application of the Security Deposit, Lessee shall pay to Lessor on demand the amount so applied in order to restore the Security Deposit to its original
amount. If Lessee is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Lessor to Lessee.
If Lessor transfers its interest in the Premises during the term of this Lease, Lessor may assign the Security Deposit to the transferee and thereafter shall have no further liability
for the return of such Security Deposit. 20. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified
mail, return receipt requested, addressed as follows: If to Lessor to: Danny Crew, City Manager 1515 N.W. 167th Street, Building 5, Suite 200 Miami Gardens, Florida 33169 If to Lessee
to: Stanley A. King and Lavada R. King Lord of the Harvest Ministries International 500 N.W. 203rd Street, Street, Miami, Florida 33169 Lessor and Lessee shall each have the right from
time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Page 11 of 14 Lease Agreement with Lord of the Harvest Ministries
Int’l., Inc. Page 65 of 222
21. Brokers. Lessee represents that Lessee was not shown the Premises by any real estate broker or agent and that Lessee has not otherwise engaged in, any activity which could form the
basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 22. Holding Over. In the event that Lessee or anyone
claiming under Lessee shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing
between Landlord and Lessee with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will,
from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated
and payable for the period of such occupancy. 23. Waiver. No waiver of any default of Lessor or Lessee hereunder shall be implied from any omission to take any action on account of such
default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and
to the extent therein stated. One or more waivers by Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. Page 12 of 14
Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 66 of 222
24. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be recorded in the public records. 25. Headings. The headings used in this Lease are
for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 26. Successors. The provisions of this Lease shall extend
to and be binding upon Lessor and Lessee and their respective legal representatives, successors and assigns. 27. Compliance with Law. Lessee shall comply with all laws, orders, ordinances
and other public requirements now or hereafter pertaining to Lessee's use of the Leased Premises. 28. Waiver of Trial by Jury Landlord and Lessee waive their right to trial by jury in
any action or proceeding brought by Landlord or Lessee pertaining to or in any way connected with this Lease or Lessee’s occupancy of the Premises. 29. Attorneys Fees and Costs Page
13 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 67 of 222
In connection with any litigation, including appeals, arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. 30. Final
Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that
is duly executed by both parties. 31. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. Venue shall lie
in Miami-Dade County. (Signatures to follow) Page 14 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 68 of 222
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. As to LESSOR: CITY OF MIAMI GARDENS ________________________ ________________ Danny
Crew, City Manager Date ATTEST: ____________________ City Clerk Ronetta Taylor, MMC Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney
Page 15 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. Page 69 of 222
Page 16 of 14 Lease Agreement with Lord of the Harvest Ministries Int’l., Inc. As to LESSEE: LORD OF THE HARVEST MINISTRIES INT’L, INC. (Corporate Seal) By: ___________________________
_________________________ STANLEY A. KING, PASTOR Date Witness: ___________________________ _________________________ Date Printed Name: ___________________________ Witness: _________________________
__ _________________________ Date Printed Name: ___________________________ Page 70 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Building and Code Compliance Short Title: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 (4(A) AND (B) OF ORDINANCE NO. 2005‐31, THE “PROPERTY MAINTENANCE ORDINANCE”; DELETING SECTION 18 AMENDING SECTIONS 19 THROUGH
21 TO AMEND AND MERGE THE SAME; AND RENUMBERING THE REMAINDER OF THE ORDINANCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE Staff Summary: In accordance accordance with Ordinance No. 2005‐13‐51, as amended, the City adopted a Property Maintenance
Ordinance to impose standards for property maintenance in the City. Since that time the Code Compliance Division has encountered many cases where property owners are neglecting their
properties allowing the landscaping to become overgrown thereby creating a nuisance to adjoining property owners. The City is required to abate these nuisances on a more frequent basis,
by mowing and removing debris from these properties. The abatement of the above‐mentioned nuisances can take 60 ‐90 days under the existing process, which in turn increases the cost
to the city and eventually the homeowner as the cost of clearing is tied to the severity of the overgrowth that exists on the property. As such, staff is recommending that the City amend
the Property Maintenance ordinance to make it easier for the City to abate these nuisances in an expedited manner, while still providing due process to property owners. ITEM I-4) ORDINANCE
SECOND READING/PUBLIC HEARING Amending the Property Maintenance Ordinance Page 71 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Old Procedure Day Total Warning Notice Period 7 Civil Violation Notice Period 7 Special Master Hearing Period 60
Total days to possibly abate nuisance 74 New Procedure Day Total Notice to Owner 8 Total days to possibly abate nuisance 9 Proposed Action: That City Council approve the attached ordinance
amending the City’s property maintenance provisions. Attachments: None Page 72 of 222
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 2009____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING
SECTION 12 (4(A) AND (B) OF ORDINANCE NO. 2005-31, THE “PROPERTY MAINTENANCE ORDINANCE”; DELETING SECTION 18 AMENDING SECTIONS 19 THROUGH 21 TO AMEND AND MERGE THE SAME; AND RENUMBERING
THE REMAINDER OF THE ORDINANCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE WHEREAS, in accordance with Ordinance No. 2005-13-51, as amended, the City adopted a Property Maintenance Ordinance to impose standards for property maintenance in
the City, and WHEREAS, the City is encountering many cases where property owners are neglecting their properties such that they have become a nuisance to adjoining property owners, and
WHEREAS, the City is being required to abate these nuisances on a more frequent basis, by mowing and removing debris from these properties, and WHEREAS, staff is recommending that the
City amend the Property Maintenance ordinance to make it easier for the City to abate these nuisances in a expedited manner, while still providing due process to property owners, NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified
and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Page 73 of 222
Section 2. AMENDMENT: Section 12(4)(A) and (B) of Ordinance No. 2005-13-51 is amended as follows: 1 2 3 4 5 6 (4) The owners of all unimproved lots, including cleared lots, shall maintain
said lots in accordance with the following requirements: (A) On all uUnimproved lots, shall not have grass, weeds, and/or undergrowth that exceed the height of twelve (12) inches from
the ground that occurs within one hundred and fifty (150) 7 8 (100) feet from the boundary line of any property with a building or structure or within one hundred and fifty (150) 9 10
(100) feet from the boundary line of any improved road. In the event that the remaining area constitutes less than twenty-five (25) percent of the total square footage of the lot then
the entire lot shall require maintenance action. 11 12 13 14 15 16 17 18 SECTION 3. AMENDMENT: Section 19 of Ordinance No. 2005-13-51 is amended as follows: 19 A. UNSANITARY VACANT PROPERTIES
DECLARED A NUISANCE The existence of excessive accumulation or untended growth of leaves weeds, undergrowth 20 or other dead or living plant material, any garbage or rubbish upon any
vacant 21 22 lot, tract or parcel of land improved or unimproved, or any land containing a vacant building or vacant structure and located within 2100 feet of the boundary line of any
improved property within the city to the extent and in the manner that 23 24 so that such property is or may become infested or inhabited by rodents, vermin or wild animals or may furnish
a breeding place of mosquitoes, or threatens or endangers the public health, safety or welfare or may reasonably cause disease or adversely affect or impair the economic welfare of the
adjacent property 25 26 27 28 29 , is hereby prohibited and declared to be a public nuisance. 30 The City shall have the authority to promptly abate public nuisances in whole, or 31
in part, at the expense of the owner, in accordance with Chapter 162, Florida 32 Statutes. 33 34 B. NOTICE TO OWNER; MOWING, CLEANING OR REMOVAL BY 35 CITY; LIEN FOR COSTS INCURRED BY
CITY. 36 37 1. If an owner or occupant of real property shall permit the same to be 38 a public nuisance as described in Section 19, the Code Enforcement Director or 39 his/her designee
shall direct a "notice to owner" to the owner and occupant of 40 such real property directing such owner or occupant to mow, cut, clean or 41 otherwise remove such grass, weeds, or other
debris, refuse, trash, rubbish, or Page 74 of 222
1 waste materials. Said notice to owner shall advise the owner and occupant of 2 such real property that the city shall have the property mowed, cut, cleaned or 3 debris removed, as
applicable, unless the owner and/or occupant shall, within 4 five days from the date of such notice, accomplish such mowing, cutting, 5 cleaning and/or removal and thereby cure the violation.
Such notice to owner 6 shall be mailed to the owner of such property, return receipt requested and 7 regular first class mail, at the address of such owner as it appears on the latest
8 records of the county tax appraiser's office for ad valorem taxation purposes, with 9 a copy to be posted on the property. The failure or omission of the Director to 10 mail such notice
by certified mail, return receipt requested, shall in no way affect 11 the validity thereof, provided that the Director shall give an affidavit that such 12 notice was duly mailed, first
class, postage prepared. In all events, it shall be 13 presumed that the addressee of such notice or re-notice received the same 14 within three days of mailing. The Director shall designate
in such notice to owner 15 the approximate cost to the owner or occupant that will be incurred if the city 16 should be called upon to accomplish such mowing, cutting, cleaning or removal,
17 which cost shall include the actual cost which the city is obligated to pay to a 18 private contractor or which estimated cost the city suffers as a result of such work 19 being performed
by city employees, and such amount shall include all overhead 20 costs and administrative costs, including, but not limited to, personnel, postage, 21 filing fees, attorneys' fees and
the like which are estimated to be expended or 22 incurred by the city in the enforcement of the terms of this ordinance. Such costs 23 as are required by the terms of this section to
be set forth in the notice shall be 24 based upon an estimate by the Director based upon the information then 25 available, and no variance between such estimate and the actual cost
shall 26 invalidate or constitute a defect under the terms of this section. 27 28 2. If such owner and/or occupant shall fail to accomplish such mowing, 29 cutting, removal or repair,
as applicable, within the set forth in this section, the 30 city shall cause such mowing, cutting, removal or repair to be made, and the 31 costs thereof, including reasonable administrative
expenses, filing costs, costs of 32 collection and attorneys' fees, shall be assessed against the subject property on 33 or from where such grass, weeds, or where such debris, refuse,
trash, rubbish, or 34 waste materials have been placed, deposited, left, dumped or otherwise allowed 35 to remain or accumulate, or to otherwise create an attraction for insects, vermin
36 or children, or otherwise cause a nuisance. 37 38 3. The City shall issue a bill to the property owner at the address of the 39 property owner appearing on the then current real property
tax rolls of the county 40 tax appraiser’s office, for the costs outlined in subsection 2 above. The property 41 owner shall have thirty (30) days from the date of receipt to submit
payment to 42 the city for the cost of said services. After thirty (30) days a late fee of fifty dollars 43 $50.00 shall be added to the total cost, and. upon the request of the Code
44 Enforcement Director, the City Clerk shall schedule a hearing before the Special 45 Master and shall provide notice to the owner of said property via certified mail, at 46 the address
appearing on the then current real property tax rolls of the county Page 75 of 222
1 tax appraiser’s office. Nothing contained herein shall prevent the City from 2 scheduling a hearing before the Special Master to obtain a lien, if a bill for costs 3 is not mailed.
However, if a bill is not mailed, the City shall not be entitled to 4 payment of a late fee. 5 6 4. Upon providing competent substantial evidence of proper notice and an 7 affidavit
of all amounts incurred, a lien in such aggregate amounts shall be filed 8 in the public records of the County against such real property. A copy of such 9 recorded lien shall be mailed
to the owner or occupant by the city clerk at the 10 address appearing on the then-current real property tax rolls of the county tax 11 appraiser's office; provided, however, that the
failure or omission of the city clerk 12 to mail such facsimile copy of the recorded lien or to otherwise notify the property 13 owner or occupant thereof shall in no way affect the
validity of such lien. 14 15 5. Such lien as described in subsection (3) of this section shall bear 16 interest at the rate of 18 percent per annum from the date when such monies 17
became due and payable to the city, which date shall be when the city first 18 commenced work on the subject property or incurred any obligation in connection 19 therewith, including
the obligation of administrative expenses, and such interest 20 shall continue to accrue until payment is made. If such owner and/or occupant 21 fails and/or omits to satisfy such lien
within 30 days from the date the same is recorded in the public records, the City shall have the right to foreclose such lien as provided by the laws of the state, and the city shall
have the right to have 22 23 24 assessed against such defaulting owner and/or occupant, in addition to the 25 amount set forth in such lien, all costs and expenses occasioned or necessitated
26 by such foreclosure, including, but not limited to, reasonable attorneys' fees and 27 court costs. 28 29 30 31 32 33 34 35 36 37 38 39 SECTION 4: AMENDMENT: Sections 20 and 21 of
Ordinance No. 2005-13-51 are deleted. SECTION 5: RENUMBERING: The remaining sections of Ordinance No. 2005-13-51 as amended are hereby renumbered. Section 6. CONFLICT: All ordinances
or Code provisions in conflict herewith are hereby repealed. Section 7. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be Page 76 of 222
deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 8. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and
the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section
9. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE _____ DAY OF __________, 2009 ADOPTED AND PASSED BY THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2009. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK Page 77 of 222
1 Prepared by SONJA KNIGHTON DICKENS, ESQ. 2 3 4 5 6 7 8 9 10 11 City Attorney SPONSORED BY: DANNY CREW, City Manager Moved by: __________________ Second by: _________________ VOTE:
_________ 12 Mayor Shirley Gibson ____ (Yes) ____(No) 13 Vice Mayor Oliver Gilbert, III ____ (Yes) ____(No) 14 Councilman Melvin L. Bratton ____(Yes) ____(No) 15 Councilman Aaron Campbell
____ (Yes) ____(No) 16 Councilman Andre’ Williams ____(Yes) ____(No) 17 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 18 Councilwoman Barbara Watson ____ (Yes) ____(No) 19 Page 78
of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Councilwoman Sharon Pritchett Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S APPOINTMENT OF CAROLYN MAYES TO THE DR. MARTIN LUTHER KING JR., HOLIDAY STEERING COMMITTEE FOR A ONE (1) YEAR TERM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The attached resolution confirms Councilwoman Sharon Pritchett’s appointment of Carolyn Mayes,
to the Dr. Martin Luther King Jr. Steering Committee for a one year term. Proposed Action: The City Council confirms the appointment of Carolyn Mayes to the Dr. Martin Luther King Jr.
Steering Committee by Councilwoman Sharon Pritchett for a one (1) year term. Attachment: Attachment A: Committee Application ITEM J-1) CONSENT AGENDA RESOLUTION Councilwoman Pritchett
appointment to MLK Holiday Steering Committee Page 79 of 222
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING
COUNCILWOMAN SHARON PRITCHETT’S APPOINTMENT OF CAROLYN MAYES TO THE DR. MARTIN LUTHER KING JR., HOLIDAY STEERING COMMITTEE FOR A ONE (1) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has created a Dr. Martin Luther King Jr., Holiday Steering Committee, and WHEREAS, the Mayor and each member of the City Council
have the right to appoint two members to the Committee for a one (1) year term, and WHEREAS, Councilwoman Sharon Pritchett, has appointed Carolyn Mayes to the Dr. Martin Luther King
Jr., Holiday Steering Committee for a one (1) year term, and WHEREAS, it is appropriate for the City Council to confirm Councilwoman Pritchett’s appointment of Carolyn Mayes, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and
confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. CONFIRMATION OF APPOINTMENT: The City Council of the City of Miami Gardens hereby
confirms Councilwoman Sharon Pritchett’s, appointment of Carolyn Mayes to the Dr. Martin Luther King Jr., Holiday Steering Committee for a one (1) year term. Section 3. EFFECTIVE DATE:
This Resolution shall take effect immediately upon its final passage. 1 Page 80 of 222
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER
28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT MOVED BY: SECOND BY: VOTE: 26 27 Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Oliver Gilbert, III ___(Yes) ___(No) 28 Councilwoman
Barbara Watson (Yes) ___(No) 29 Councilman Melvin L. Bratton (Yes) ___(No) 30 Councilman Aaron Campbell __(Yes) ___(No) 31 Councilwoman Sharon Pritchett (Yes) ___(No) 32 33 Councilman
André Williams __ (Yes) ___(No) 2 Page 81 of 222
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Councilman Melvin L Bratton Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN MELVIN L. BRATTON’S APPOINTMENT OF JOHN PACE TO THE DR. MARTIN LUTHER KING JR., HOLIDAY STEERING COMMITTEE FOR A ONE (1) YEAR TERM; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The attached resolution confirms Councilman Melvin L. Bratton’s appointment of John Pace to the Dr. Martin
Luther King Jr. Steering Committee for a one year term. Proposed Action: The City Council confirms the appointment of John Pace to the Dr. Martin Luther King Jr. Steering Committee by
Councilman Melvin L. Bratton for a one (1) year term. Attachment: Attachment A: Committee Application ITEM J-2) CONSENT AGENDA RESOLUTION Councilman Bratton's appointment to the MLK
Holiday Steering Committee Page 87 of 222
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING
COUNCILMAN MELVIN L. BRATTON’S APPOINTMENT OF JOHN PACE TO THE DR. MARTIN LUTHER KING JR., HOLIDAY STEERING COMMITTEE FOR A ONE (1) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has created a Dr. Martin Luther King Jr., Holiday Steering Committee, and WHEREAS, the Mayor and each member of the City Council
have the right to appoint two members to the Committee for a one (1) year term, and WHEREAS, Councilman Melvin L. Bratton, has appointed John Pace to the Dr. Martin Luther King Jr.,
Holiday Steering Committee for a one (1) year term, and WHEREAS, it is appropriate for the City Council to confirm Councilman Bratton’s appointment of John Pace, NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed
as being true, and the same are hereby made a specific part of this Resolution. Section 2. CONFIRMATION OF APPOINTMENT: The City Council of the City of Miami Gardens hereby confirms
Councilman Melvin L. Bratton’s, appointment of John Pace to the Dr. Martin Luther King Jr., Holiday Steering Committee for a one (1) year term. Section 3. EFFECTIVE DATE: This Resolution
shall take effect immediately upon its final passage. 1 Page 88 of 222
Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER
28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney SPONSORED BY: COUNCILMAN MELVIN L. BRATTON MOVED BY: SECOND BY: VOTE: 26 27 Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Oliver Gilbert, III ___(Yes) ___(No) 28 Councilwoman
Barbara Watson (Yes) ___(No) 29 Councilman Melvin L. Bratton (Yes) ___(No) 30 Councilman Aaron Campbell __(Yes) ___(No) 31 Councilwoman Sharon Pritchett (Yes) ___(No) 32 33 Councilman
André Williams __ (Yes) ___(No) 2 Page 89 of 222
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: 1st Reading
2nd Reading X Public Hearing: Yes No Yes No X Funding Source: General Fund: Events and Media Advertising Requirement: Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid
#: X N/A Sponsor Name City Manager Cuoncilwoman Sharon Pritchett Department: Mayor and Council; Events and Media Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING A 2010 MARTIN LUTHER KING, JR. “UNITY IN THE COMMUNITY” EVENT; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE EVENT; PROVIDING FOR EXCEPTIONS/WAIVERS TO BID AND QUOTATION
PROCEDURES WHERE NECESSARY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In 2005 the City of Miami Gardens celebrated its First Annual Dr.
Martin Luther King Jr. Celebration (MLK Day), opening the door for an annual celebration honoring a great American hero. This annual birthday celebration presents the Miami Gardens community
an opportunity to come together and recognize the contributions of Rev. Dr. Martin Luther King Jr. On January 18, 2010, the City will host the Sixth Annual MLK Day Celebration, “Unity
in the Community” in Miami Gardens. In 2009 the cost to produce the MLK Day event was $80,000. It is estimated that the budget for MLK 2010 will remain $80,000. ITEM J-3) CONSENT AGENDA
RESOLUTION 2010 Martin Luther King Jr. "Unity in the Community" Page 92 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: It is recommended that the City Council adopt the attached resolution, authorizing the City Manager
to take any and all steps necessary to produce the Sixth Annual Martin Luther King Jr. “Unity in the Community” Celebration. This includes authorizing the Events and Media staff to plan
and produce the Sixth Annual MLK (2010) event in the absence of a fully appointed MLK advisory board. Attachment: None. Page 93 of 222
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A 2010 MARTIN LUTHER KING, JR. “UNITY IN THE COMMUNITY” EVENT; AUTHORIZING THE EXPENDITURE
OF FUNDS FOR THE EVENT; PROVIDING FOR EXCEPTIONS/WAIVERS TO BID AND QUOTATION PROCEDURES WHERE NECESSARY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is hosting the Sixth Annual Martin Luther King, Jr. “Unity in the Community” ("Event"), and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, City Staff needs to make
various purchases of services, including service agreements for solicitations, entertainment agreements, etc., and WHERAS, in many instances, it may not be possible to purchase all services
and commodities in accordance with the competitive bidding procedures of the City's Purchasing Ordinance, and the City Manager may have to exceed his purchasing authority, outlined in
the City's Purchasing Ordinance, and WHEREAS, it is being requested that the City Council waive the competitive bidding requirements and authorize the City Manager to exceed his purchasing
authority, when necessary, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing
Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Page 94 of 222
Section 2. AUTHORITY: The City Council of the City of Miami Gardens hereby approves the Martin Luther King, Jr. Celebration 2010. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 3. WAIVER: The City Council of the City of Miami Gardens hereby waives the bidding procedures of the City's Purchasing Ordinance, for
purchases made in connection with the Event, and authorizes the City Manager to exceed his purchasing authority, as may be necessary therefor. Section 4. EFFECTIVE DATE: This Resolution
shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 28, 2009. ____________________________
_____ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS City Attorney SPONSORED BY: Councilwoman Sharon Pritchett
MOVED BY:_____________________ VOTE: _____ 49 Mayor Shirley Gibson (Yes) ___(No) No) 50 Vice Mayor Oliver Gilbert III ___(Yes) ___(No) 51 Councilwoman Barbara Watson (Yes) ___(No) 52
Councilman Melvin L. Bratton (Yes) ___(No) Page 95 of 222
53 Councilman Aaron Campbell (Yes) ___(No) 54 Councilman André Williams (Yes) ___(No) 55 Councilwoman Sharon Pritchett (Yes) ___(No) 56 57 Page 96 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: 1st Reading
2nd Reading X Public Hearing: Yes No Yes No X Funding Source: General Fund: Even Parkts and M ia; s and R eation ed ecr Advertising Requirement: Yes No X Contract/P.O. Required: (Enter
X in box) Yes No RFP/RFQ/Bid #: X NA Sponsor Name City Manager City Manager Danny O. Crew Department: Events and Media; Parks and Recreation Short Title: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO PRODUCE A 2009 FESTIVAL OF CAROLS HOLIDAY CELEBRATION; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: The City of Miami Gardens has hosted the Fesival of Carols Holiday Celebration since 2004. On December
12, 2009, we seek to present the Sixth Annual Festival of Carols Holiday Celebration, a free community‐wide holiday event. Moving into the sixth year, it is proposed that the even production
be re‐designed to include: • An ornament hunt where a limited number of donated gifts will be distributed to residents of Miami Gardens. Those who retrieve gold ornamants will receive
gifts, multi‐colored ornaments get to participate in the fun of the hunt and will receive candy. • A five (5) minute firework show orchestrated with music • A holiday movie which will
be shown at the conclusion of the event. Redesigning this event to include the ornament hunt, fireworks and the movie will increase participation and promote a different activity for
various age groups within families, making it a complete family‐friendly event. ITEM J-4) CONSENT AGENDA RESOLUTION 2009 Festival of Carols Holiday Celebration Page 97 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The projected budget to produce the 2009 event is $13,300. Proposed Action: It is recommended that the City Council
adopt the attached resolution, authorizing the City Manager to take any and all steps necessary to produce the Sixth Annual Festival of Carols. Attachment: None. Page 98 of 222
1 RESOLUTION NO. 2009____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PRODUCE THE 2009 FESTIVAL OF CAROLS HOLIDAY CELEBRATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE WHEREAS, since 2004, the City of Miami Gardens has hosted the Festival of Carols Holiday Celebration, which is a free community-wide event celebrating the holiday season in a diverse
and spiritual, yet worldly manner, and WHEREAS, on December 12, 2009, the City seeks to present the Sixth Annual Festival of Carols Holiday Celebration, and WHEREAS, City staff proposes
to redesign the event production to include an ornament hunt with gift giveaways; a five (5) minute firework display orchestrated with music; and a holiday movie at the conclusion of
the event, and WHEREAS, the projected budget for the 2009 Festival of Carols Holiday Celebration Celebration is Thirteen Thousand Three Hundred Dollars ($13,300.00), NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and
confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORITY: The City Council of the City of Miami Gardens hereby authorizes and directs
the City Manager to take any and all steps necessary to produce the 2009 Festival of Carols Holiday Celebration. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage. Page 99 of 222
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2009. __________________
_________________ SHIRLEY GIBSON, MAYOR ATTEST: _______________________________ RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DR.
DANNY CREW, CITY MANAGER Moved by: __________________ VOTE: _________ 24 Mayor Shirley Gibson ____ (Yes) ____(No) 25 Vice Mayor Oliver Gilbert,III ____ (Yes) ____(No) 26 Councilman Melvin
L. Bratton ____(Yes) ____(No) 27 Councilman Aaron Campbell ____ (Yes) ____(No) 28 Councilman Andre’ Williams ____(Yes) ____(No) 29 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 30
Councilwoman Barbara Watson ____ (Yes) ____(No) 31 32 33 34 35 36 Page 100 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH MIAMI‐DADE COUNTY THROUGH THE BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT PROGRAM ATTACHED HERETO AS EXHIBIT “A,” IN ACCORDANCE WITH THE RECORDS IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND TAKE ANY
AND ALL STEPS NECESSARY IN ORDER TO ACCEPT GRANT FUNDING IN THE AMOUNT OF FIFTEEN THOUSAND SIX HUNDRED FIFTY‐NINE DOLLARS ($15,659.00); PROVIDING FOR INSTRUCTIONS TO THE CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: The Miami Gardens Police Department has applied for and been awarded grant funding from the Edward Byrne
Memorial Justice Assistance Grant Program, under the Dade County Drug Control and System Improvement Program, FY2010 in the amount of $15,659. These funds are to be used under the Records
Improvement Project portion of the Grant, to enhance the Police Department’s Records Unit. The funding will reimburse overtime, purchase an additional computer, and to cover the additional
cost for the lease of a color copier. The funds from this Grant award will significantly assist the Department’s Records Unit in its endeavor to provide quality color copies of pictures
needed for evidence, and service to other entities within the Law Enforcement community. This Grant was approved for this use, and will be implemented upon agreement by the City, and
there is no requirement for a cash match under this Grant. Reimbursement ITEM J-5) CONSENT AGENDA RESOLUTION The Byrne Memorial Justice Assistance Grant Program Page 101 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 for the first quarter expenditures can only occur if this contract is fully signed by the jurisdiction and returned
to the Office of Grants Coordination with the accompanying council resolution. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to
execute a contract with the Dade County Drug Control and System Improvement Program allowing the Miami Gardens Police Department to utilize the $15,659.00 allocated by this grant. Attachment:
Attachment A: Agreement Page 102 of 222
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 2009____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH MIAMI-DADE COUNTY THROUGH THE BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM ATTACHED
HERETO AS EXHIBIT “A,” IN ACCORDANCE WITH THE RECORDS IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO ACCEPT
GRANT FUNDING IN THE AMOUNT OF FIFTEEN THOUSAND SIX HUNDRED FIFTY-NINE DOLLARS ($15,659.00); PROVIDING FOR INSTRUCTIONS TO THE CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE WHEREAS, the Miami Gardens Police Department has applied for and been awarded grant funding from the Edward Byrne Memorial Justice Assistance Grant Program, under the
Dade County Drug Control and System Improvement Program for Fiscal Year 2010 in the amount of Fifteen Thousand Six Hundred Fifty Nine Dollars ($15,659.00), and WHEREAS, these funds will
be used under the Records Improvement Project portion of the Grant to enhance the Police Department’s Records Unit to reimburse overtime, purchase an additional computer, and to cover
the cost for the lease of a color copier, and WHEREAS, these funds will significantly assist the Department’s Records Unit in its endeavors to provide quality color copies of pictures
needed for evidence, and service to others within the Law Enforcement community, and WHEREAS, there is no requirement for a Cash Match under this Grant, however 1 Page 103 of 222
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 reimbursement of expenditures incurred within the First Quarter can only occur if the contract is executed by the City and
accompanied with a Resolution from the City Council, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS:
The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORITY: The City Council
hereby authorizes the City Manager and the City Clerk to execute and attest that certain Agreement with Miami-Dade County attached hereto as Exhibit “A”. The City Manager is hereby authorized
to execute any and all documents and take any and all steps necessary in order to accept grant funding in the amount of Fifteen Thousand Six Hundred Fifty Nine Dollars ($15,659.00) from
Miami-Dade County for the Records Improvement Project. Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the
subject Agreement, with one to be maintained by the City; with two (2) to be delivered to Miami-Dade County. Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2009. 2 Page 104 of 222
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _______________________________ RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________ VOTE: _________ 21 Mayor Shirley Gibson ____ (Yes) ____(No)
22 Vice Mayor Oliver Gilbert,III ____ (Yes) ____(No) 23 Councilman Melvin L. Bratton ____(Yes) ____(No) 24 Councilman Aaron Campbell ____ (Yes) ____(No) 25 Councilman Andre’ Williams
____(Yes) ____(No) 26 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 27 Councilwoman Barbara Watson ____ (Yes) ____(No) 28 29 30 31 32 33 Page 105 of 222
Created on 10/20/2009 11:35 AM Page 1 of 14 MIAMI-DADE COUNTY CONTRACT This Contract, made this _______ day of ______________ 2009, by and between Miami-Dade County, a political subdivision
of the State of Florida (hereinafter referred to as "County”) through its Office of Grants Coordination (hereinafter referred to as “Department”), located at 111 N.W. First Street, 19th
Floor Miami, FL 33128, and the CITY of MIAMI GARDENS a municipality located in Miami-Dade County, Florida (hereinafter referred to as “Provider"). This Contract provides the terms and
conditions pursuant to which the Provider shall provide a Records Improvement Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement
Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it
possesses the legal authority to enter into this Contract by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing
body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of
the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award
of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties,
whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the Records Improvement Project by providing a portion of the federal funds
awarded to Miami-Dade County to the Records Improvement Project; and WHEREAS, the County as contractor/grantee for the State of Florida is authorized to purchase said services for the
Records Improvement Project as an allowable activity under the ACT; and WHEREAS, the County requires the above-mentioned services from the Provider in order to fulfill its contractual
obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject
to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $15,659. Both parties agree that should available County funding be reduced,
the amount payable under this Contract may be proportionately reduced at the option of the County. Page 106 of 222
Created on 10/20/2009 11:35 AM Page 2 of 14 II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto
as Attachment A. III. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2009 through September 30, 2010. IV. CASH MATCH REQUIREMENT. The Provider shall maintain
sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County; however a Cash Match is not required for this
grant term. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti-Drug Abuse Act. The Provider agrees
to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 11D-9 of the Florida
Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program,
Office of Criminal Justice Grants, Edward Byrne Memorial Justice Assistance Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated
herein by reference as if fully set forth. Furthermore, this award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide
for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their
entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization
of Public Law 90-351, as amended, and Public Law 100-690. B. Supplanting. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state
or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for antidrug law enforcement activities, in accordance
with Rule Chapter 11D-9, Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by
the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible
for: 1) monitoring the Provider’s compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION
BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings
of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors.
Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance
protection required by this Contract or otherwise Page 107 of 222
Created on 10/20/2009 11:35 AM Page 3 of 14 provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Nothing herein
shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. IX. INSURANCE. If Provider is an agency or a political subdivision of the
State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28,
Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing Records Improvement services shall have appropriate licenses,
training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established
for his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees
to abide by and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended,
which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. Nepotism. Notwithstanding the aforementioned provision,
no relative of any officer, board of director, manager, or supervisor employed by the Provider shall be employed by the Provider unless the employment preceded the execution of this
Contract by one (1) year. No family member of any employee may be employed by the Provider if the family member is to be employed in a direct supervisory or administrative relationship
either supervisory supervisory or subordinate to the employee. The assignment of family members in the same organizational unit shall be discouraged. A conflict of interest in employment
arises whenever an individual would otherwise have the responsibility to make, or participate actively in making decisions or recommendations relating to the employment status of another
individual if the two individuals (herein sometimes called "related individuals") have one of the following relationships: 1. By blood or adoption: Parent, child, sibling, first cousin,
uncle, aunt, nephew, or niece; 2. By marriage: Current or former spouse, brother-or sister-in-law, father-or mother-in-law, son-or daughter-in-law, step-parent, or step-child; or 3.
Other relationship: A current or former relationship, occurring outside the work setting that would make it difficult for the individual with the responsibility to make a decision or
recommendation to be objective, or that would create the appearance that such individual could not be objective. Examples include, but are not limited to, personal relationships and
significant business relationships. For purposes of this section, decisions or recommendations related to employment status include decisions related to hiring, salary, working conditions,
working responsibilities, evaluation, promotion, and termination. An individual, however, is not deemed to make or actively participate in making decisions or recommendations if that
individual's participation is limited to routine approvals and the individual plays no role involving the exercise of any discretion in the decision-making processes. If any question
arises whether an individual's participation is greater than is permitted by this paragraph, the matter shall be immediately referred to the Miami-Dade County Commission on Ethics and
Public Trust. Page 108 of 222
Created on 10/20/2009 11:35 AM Page 4 of 14 This section applies to both full-time and part-time employees and voting members of the Provider’s Board of Directors. No person, including
but not limited to any officer, board of directors, manager, or supervisor employed by the Provider, who is in the position of authority, and who exercises any function or responsibilities
in connection with this Contract, has at the time this Contract is entered into, or shall have during the term of this Contract, received any of the services, or direct or instruct any
employee under their supervision to provide such services as described in the Contract. Notwithstanding the before mentioned provision, any officer, board of directors, manager or supervisor
employed by the Provider, who is eligible to receive any of the services described herein may utilize such services if he or she can demonstrate that he or she does not have direct supervisory
responsibility over the Provider’s employee(s) or service program. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami-Dade County ("County Code"), as
amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment
and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., §2000d as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12103 et seq., which prohibits
discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall
have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability
Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. §1612, and the Fair Housing Act, 42 U.S.C. §3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated
with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business
with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the
Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that
it is in compliance with the Domestic Violence Leave Ordinance, codified as § 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business
has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees.
Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under
this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either
party may specify: If to the COUNTY: Miami-Dade County Office of Grants Coordination Page 109 of 222
Created on 10/20/2009 11:35 AM Page 5 of 14 111 NW First St., 19th Floor Miami, Florida 33128 Attention: Ms. Michaela Doherty If to the PROVIDER: Miami Gardens Police Department 1020
NW 163rd Drive Miami Gardens, FL 33169 Attention: Deputy Chief Paul Miller XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no
affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of
the County. Furthermore, the Provider’s agents and employees are not agents or employees of the County. XV. BREACH OF CONTRACT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall
have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the
Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support
reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits
incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider’s
program; (6) the Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant
to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment E); (9) the Provider attempts to meet its obligations under this
Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified
time; (11) the Provider fails to meet any of the terms and conditions of the Miami-Dade County Affidavits (Attachment E); (12) the Provider fails to meet any of the terms and conditions
of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of this Contract. B. County Remedies. If the Provider breaches this Contract, the County may pursue any
or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at
least five (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to
the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Page 110 of 222
Created on 10/20/2009 11:35 AM Page 6 of 14 Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at
least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition
precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered
into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County
may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect
costs associated with such enforcement, including attorney’s fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt
to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written
notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or
cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination
or cancellation, including attorney’s fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement
may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Mayor or Mayor’s designee is authorized to terminate
this Contract on behalf of the County. D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County
by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider
shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract
may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. The
County Mayor or Mayor’s designee is authorized to terminate this Contract on behalf of the County. XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures
or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line
items, not to exceed ten percent (10%) of the total budget, without a written amendment. Variances greater Page 111 of 222
Created on 10/20/2009 11:35 AM Page 7 of 14 than ten percent (10%) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the
conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider’s Year-To-Date expenditures. 1. Municipalities
reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality
will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not
anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process.
C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment
B. The parties agree that this is a cost-basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract
(see Attachment B). The Provider agrees to invoice the County for each Records Improvement Project using the Quarterly Expenditure Report as it appears in Attachment D, and to do so
on a quarterly basis, as stated in Section XIX. B.2. The Quarterly Expenditure Report shall be prepared in a manner in accordance with the form provided in Attachment D. The final Quarterly
Expenditure Report shall be submitted by October 15, 2010. D. The Provider agrees to mail all Quarterly Expenditure Reports to the address listed above, Section XIII. E. The County agrees
to review Expenditure Reports to inform the Provider of any questions. Payments shall be mailed to the Provider by the County’s Finance Department. XVIII. INVENTORY -CAPITAL EQUIPMENT
AND REAL PROPERTY. A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition
of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure.
B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the
possession of the Provider organization can meet identified needs. While there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent
on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider
may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider’s organization.
The County must ensure that the screening referenced above takes place and Page 112 of 222
Created on 10/20/2009 11:35 AM Page 8 of 14 that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the
Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss, Damage or Theft of Equipment.
The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must
be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used
and managed to ensure that the equipment is used for criminal justice purposes. E. Management. The Provider’s procedures for managing equipment (including replacement), whether acquired
in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number
or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost
of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the
property must be taken and the results reconciled with the property records at least once every two (2) years; 3) a control system must exist to ensure adequate safeguards to prevent
loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property
in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention
of Property Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of three (3) years from the date of the disposition
or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES. The Provider shall keep records
of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Contract. In accordance with contract requirements from the State of Florida, records for the Records Improvement Project services must reflect:
1. The names of staff providing services as described in Attachment A. Page 113 of 222
Created on 10/20/2009 11:35 AM Page 9 of 14 2. The dates and number of hours the staff provided services. . 3. The dates of services and activities and the names of program participants
in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Contract. B. Reporting Requirements. 1. Quarterly Project Performance
Report. The Provider shall submit the Quarterly Project Performance Report to the Office of Grants Coordination by January 5, April 5, July 5, and October 5, 2010 covering the Contract
activity for the previous quarter. The Quarterly Project Performance Report shall be submitted in the format and using the form attached hereto as Attachment C. 2. Quarterly Expenditure
Report. The provider shall submit the Quarterly Expenditure Report with supporting documentation to the Office of Grants Coordination by January 15, April 15, July 15, and October 15,
2010 covering the expenditures to be reimbursed for the previous quarter. The Quarterly Expenditure Report shall be submitted in the format and using the form attached hereto as Attachment
D. 3. Other Required Reports. The Provider shall submit other reports as may be required by the Office of Grants Coordination during the program year. C. Changes to Reporting Requirements.
The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications.
D. Monitoring and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records
and other program records and documents which relate to or have been produced or created as a result of this Contract. The Provider shall provide assistance as may be necessary to facilitate
a financial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider
to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector
General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade County Inspector General. Miami-Dade County has established
the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying
the cost of the audit, which is normally 1/4 of 1% of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed
County and Public Health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths,
require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time,
within budget and in compliance with plans, specifications and applicable law. Page 114 of 222
Created on 10/20/2009 11:35 AM Page 10 of 14 The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector
General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists,
County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the
Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and
copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider’s possession, custody or control which, in the Inspector General
or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts
from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal
and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in
connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions
of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General
Reviews. Pursuant to Miami-Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector
General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all
requested records and documentation pertaining to this Contract for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances
shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these these IPSIG services. The terms of this provision herein, apply
to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit
or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by
the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida
Department of Law Enforcement, Business Support Program, and Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider’s premises and records.
XX. PROHIBITED USE OF FUNDS. Page 115 of 222
Created on 10/20/2009 11:35 AM Page 11 of 14 A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against
the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client
in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes.
C. Commingling Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. D. Double Payments. Provider costs claimed
under this Contract may not also be claimed under another contract or grant from the County or any other agency. Any claim for double payment by Provider shall be considered a material
breach of this Contract. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding
provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless
specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing,
signed by both parties, and approved by the County Mayor or Mayor’s designee. Provided, however, that the County may effect amendments to this Contract without the written consent of
the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments,
or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and
signed by by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than
ten percent (10%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Mayor or Mayor’s
designee is authorized to make amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider
in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County
by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County
upon request. Page 116 of 222
Created on 10/20/2009 11:35 AM Page 12 of 14 D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida.
Proper venue for this Contract shall be Miami-Dade County, Florida. E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami-Dade County.
Further, by acceptance of these funds, the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported
by a grant awarded to Miami-Dade County, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The
Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or
interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions
of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope
of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment F. The Provider
agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment F without prior written approval of the County. G. Review of this Contract. Each
party hereto represents and warrants that they have consulted with their own attorney concerning each of the terms contained in this Contract. No inference, assumption, or presumption
shall be drawn from the fact that one party or its attorney prepared this Contract. It shall be conclusively presumed that each party participated in the preparation and drafting of
this Contract. H. Headings, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions
of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the
context requires. I. Total of Contract/Severability of Provisions. This fourteen (14) page Contract with its recitals on the first page of the Contract and with its attachments as referenced
below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Quarterly Project Performance Report Attachment
D Quarterly Expenditure Report Attachment E: Miami-Dade County Affidavits Attachment E1: Code of Business Ethics Attachment E2: Miami-Dade County Debarment Disclosure Affidavit Attachment
E3: State Public Entities Crime Affidavit Attachment F: Provider’s Disclosure of Subcontractors and Suppliers Page 117 of 222
Created on 10/20/2009 11:35 AM Page 13 of 14 No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto.
If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms
and requirement of applicable law. INTENTIONALLY LEFT BLANK Page 118 of 222
Created on 10/20/2009 11:35 AM Page 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused this Contract, along with all of its Attachments, to be executed by their respective and
duly authorized officers, the day and year first above written. _______________________________ _________________________ Signature Title ______________________________ Name (typed)
ATTEST: By:______________________________ By: ________________________ (Corporate Seal) ATTEST: MIAMI-DADE COUNTY, FLORIDA HARVEY RUVIN, CLERK By:______________________________ By: __________________
_________ DEPUTY CLERK GEORGE M. BURGESS COUNTY MANAGER Page 119 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) CDBG Program Year 2 and CDBGRecovery Advertising
Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager Department: Community Development Short
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO REALLOCATE ALL COMMUNITY DEVELOPMENT BLOCK
FUNDS TO IMPLEMENT AND EXECUTE A PAINT PROGRAM AND AN INFRASTRUCTURE IMPROVEMENT PROJECT IN THE BUNCHE PARK NEIGHBORHOOD REVITALIZATION STRATEGY AREA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE Staff Summary: Background On January 28, 2009, Resolution Resolution No. 2009‐22‐967 was passed by Council allocating $107,641.09 in recaptured Community
Development Block Grant Funds (CDBG) from previously funded activities that did not utilize all of their allocated funding, to the Bunche Park Neighborhood Revitalization Strategy Area
(BPNRSA). The main purpose of BPNRSA is to increase economic opportunities, provide more appropriate services to the residents, as well as improve the safety and quality of life in the
target area. The Creation of a Neighborhood Revitalization Strategy Area was identified as an objective in the City’s 2006‐2011 Consolidated Plan. Current Situation ITEM J-6) CONSENT
AGENDA RESOLUTION Paint Program Page 120 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City Staff proposes two separate and distinct projects for the BPNRSA. Project # 1 The Paint Program will give homeowners
with paint code violations access to these CDBG dollars to bring their home into compliance with the existing building codes or to mitigate future code violations for painting. Activities
conducted in this Paint Program will be in accordance with the Department’s existing Housing Program Policies, with the exception that these funds will be given in the form of a grant
(instead of a forgivable loan). A total of Nineteen (19) homes in the target area have current code violations for exterior paint. Of this group of homes, one is abandoned according
to the Department of Code Compliance and two of the homes in this area are not owner‐occupied, according to Miami‐Dade County’s property appraiser information. The BPNRSA is designated
as a very low‐income community (at least 70% of the households are at 80% or below Area Median Income) by US Census data. Therefore, the basic criteria for program eligibility will be
that the occupants of the homes are also the homeowner. This Paint Program will provide homeowners within the BPNRSA a maximum of $10,000 to be used only for exterior paint. On October
9, 2009 staff held a meeting with paint contractors registered to do business with the City and with a representative from Miami‐Dade County Public Schools Project MPACT (Miami Partnership
for Action in Communities Task Force). Project MPACT is an intervention program offering intensive, customized and comprehensive services to high risk youth ages 12‐22, including mentoring,
life skills and professional development classes, on‐the‐job training and employment opportunities, and academic/behavioral monitoring. Project MPACT is currently in its second year
of funding by a grant from the Department of Labor. This grant allows MPACT to provide a comprehensive approach to impacting young people’s lives. First the youth receive mentoring and
and behavior modification prior to beginning on‐the‐job training with partnering employers. In addition the entire family receives counseling. The grant funding allows MPACT to pay the
youth to work up to 20 hours per week for up to 3 months. Not only does this give the youth a sense of empowerment and self‐worth, it also provides them with a set of skills that they
can use to gain employment. Project MPACT will work with the paint contractors to provide graduates of their program as a free labor pool for this project. The youth can work up to 3
months on an assignment with hopes that, if all goes well, the company may offer them a permanent job position. The City has requested that the youth assigned to this project be residents
of the City of Miami Gardens. The City will assign contracts on a rotating basis to the pool of paint contractors that have expressed an interest in participating in this program, and
that are licensed and insured. Upon approval of the grants to homeowners, the department will execute agreements between the homeowners and the paint contractor(s) to proceed with the
work. Project # 2 The second project proposed in the BPNRSA consists of an infrastructure improvement project for two particular roads that have been determined by Public Works to be
in dire need of improvement. Staff proposes to use Community Development Block Grant funds allocated from the American Recovery and Reinvestment Act of 2009 (CDBG‐R) to fund the improvements.
At the May 27, 2009 meeting, City Council passed Resolution No. 2009‐107‐1052 which approved the Substantial Amendment to the Third Page 121 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Year Annual Action Plan that budgeted CDBG‐R funds for infrastructure improvements in the BPNRSA. Specifically,
$128,405 of CDBG‐R funds have been budgeted to install stormwater drainage and reconstruction of roads on NW 161 Street from NW 26 Ave to West Bunche Park Drive and NW 162 Street from
NW 26 Ave to NW 162 Street Road. These two streets were identified because they currently have none or very few stormwater drains. The following is the budget for both projects in the
BPNRSA: Paint Program (CDBG program year 2 funds) $107,641.09 Infrastructure Improvements (CDBG‐R funds) $128,405.00 Total investment $236,046.09 Proposed Action: Staff recommends Council’s
approval of the paint program and infrastructure improvement projects in the Bunche Park Neighborhood Revitalization Strategy Area. Attachment: • BPNRSA Paint Program Outline • Paint
Program Policies • BPNRSA Map Page 122 of 222
1 RESOLUTION NO. 2009____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO REALLOCATE ALL COMMUNITY DEVELOPMENT BLOCK FUNDS TO IMPLEMENT AND EXECUTE A PAINT PROGRAM AND AN INFRASTRUCTURE IMPROVEMENT PROJECT IN
THE BUNCHE PARK NEIGHBORHOOD REVITALIZATION STRATEGY AREA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council previously created the
Bunche Park Neighborhood Revitalization Strategy Area (BPNRSA), to increase economic opportunities, provide more appropriate services to the residents, as well as improve the safety
and quality of life in the target area, and WHEREAS, on January 28, 2009, Resolution No. 2009-22-967 was adopted by the City Council reallocating One Hundred and Seven Thousand Six Hundred
Forty-One Dollars and Nine Cents ($107,641.09) in recaptured Community Block Grant Funds (CDBG) to the BPNRSA, and WHEREAS, City Staff seeks the approval of the City Council to utilize
CDBG funds to implement a Paint Program in the BPNRSA, and WHEREAS, on May 27, 2009, the City Council adopted Resolution No. 2009-107-1052 and budgeted One Hundred Thousand Twenty Eight
Four Hundred and Five Dollars ($128, 405.00) in CDBG-R funds for stormwater drainage and reconstruction of roads on NW 161 Street from NW 26 Avenue to West Bunche Park Road and NW 162
Street from NW 26 Avenue to NW 162 Street, and WHEREAS, City Staff is seeking approval to implement an Infrastructure Improvement Project in the BPNRSA, NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Page 123 of 222
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified
and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORITY: The City Council of the City of Miami Gardens hereby authorizes and
directs the City Manager to take all necessary steps to reallocate all Community Development Block Funds to implement and execute the Paint and Infrastructure Improvement Projects in
the Bunche Park Neighborhood Revitalization Strategy Area. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2009. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _______________________________
RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Danny Crew, City Manager Moved by: __________________ VOTE: _________ 34 Mayor Shirley
Gibson ____ (Yes) ____(No) 35 Vice Mayor Oliver Gilbert,III ____ (Yes) ____(No) Page 124 of 222
3 1 Councilman Melvin L. Bratton ____(Yes) ____(No) 2 Councilman Aaron Campbell ____ (Yes) ____(No) 3 Councilman Andre’ Williams ____(Yes) ____(No) 4 Councilwoman Sharon Pritchett ____
(Yes) ____(No) 5 Councilwoman Barbara Watson ____ (Yes) ____(No) 6 7 Page 125 of 222
Bunche Park NRSA Paint Program Proposed Model Block Bunche Park Neighborhood Revitalization Strategy Area Program Outline Model Block (Paint Program) Background The area of Bunche Park
was identified in the 5‐Year Consolidated Plan (2006‐2011) as an area with the highest concentration of low and moderate income residents in the City. Over 70 percent of the residents
in this area have an income of less than 80 percent of the area median income according to the US Census (Area Median Income is $43,450 for a three‐person household). US HUD encourages
participating jurisdictions to designate Neighborhood Revitalization Strategy Areas (NRSA) to address the particular concerns for these distressed areas. An NRSA facilitates partnerships
between neighborhood residents, financial institutions, the private sector and the City that will utilize problem‐resolution techniques to achieve substantial improvements in the neighborhood.
These partnerships will be instrumental in identifying specific projects that will impact the community. The designation of the Bunche Park NRSA (BPNRSA) provides a methodology to increase
economic opportunities, provide more appropriate services to the residents, as well as improve the safety and quality of life in the target area. One of the benefits to the City of having
an NRSA designation includes a reduction the recordkeeping requirements. Since it has already been determined that the residents in the area are all low‐income, no additional documentation
or certification would be necessary for participants in city funded programs implemented in this area. The NRSA would also allow the City to maximize the allocation of CDBG funds with
greater flexibility. Pilot Program Description (Model Block) The pilot program for the BPNRSA is a paint program whereby homeowners will have access to grant dollars to bring the home
into compliance with the existing building codes or to mitigate future code violations for painting. Activities conducted in this paint program will be in accordance with the department’s
existing Housing Program Policies. The Department of Community Development has identified a specific block to designate as the “Model Block” for this program. This block is located in
census tract 00402‐3. The physical location is NW 159th Street Road between NW 23rd and 24th Avenues. Twenty‐one (21) homes are located in this block. Five (5) of the homes on this block
have current or recent code violations for paint. According to Miami‐Dade County’s property information, only two of the homes in this block are not occupied by the homeowner. Since
this area has already been identified as low‐income per US Census data, the basic criteria for program eligibility will be that the occupants of the homes are also the homeowner. Page
126 of 222
BPNRSA Program Launch Model Block (Paint Program) Page 2 of 3 C:\Documents and Settings\mbataille\Local Settings\Temporary Internet Files\Content.Outlook\WV0GT352\BPNRSA Program Outline
(9‐21‐09).docx The Department will identify and solicit a pool of painting contractors that are certified to do business with the City to provide quotes on the intended work. Priority
will be given to contractors with businesses located in the City. Upon selection of the painting contractor(s), the Department will execute agreements between the homeowners and the
contractor(s) to proceed with the work. Allocation of Funds The City of Miami Gardens has allocated $107,641 in Community Development Block Grant (CDBG) funds for this program. The cost
of each paint job can potentially range from $3,500 to $10,000. For greater visual impact, the Department is partnering with the Public Works department to include public improvements
in the Model Block such as swale improvements, including tree planting, sidewalk and drainage repair. Program Notification & Application Process Initially, homeowners will receive a
letter from the Department of Community Development notifying them of the program and eligibility details. Letters will be sent via regular postal mail and the program details will be
placed on the City’s website. The Department will also seek the assistance of code enforcement officers that work in the target area to spread the word about the program. An application
cycle will be open for a limited time (approximately two to four weeks). Applications will be accepted at the Department of Community on a first come first ready, first served basis.
Confirmation of eligibility for the program will be determined upon receipt of the application. Upon verification of eligibility the Department will execute a grant agreement with the
homeowners then, the homeowners will execute an agreement with the painting contractor(s) to perform the scope of work. The Department will select an assortment of color palettes for
the homeowners to choose from to keep the color scheme selections consistent. Program Outputs & Outcomes The first program of the BPNRSA will result in specific outcomes and outputs.
The outputs and outcome will be used to measure performance of the program. Outputs Approximately 21 homes painted Creation of three jobs (painting contractors) Trees planted
on right of ways Repairs to drainage and sidewalks Outcomes Improve overall appearance of neighborhood Increase in neighborhood pride and image Improvements to swales and
public spaces Page 127 of 222
Bunche Park NRSA Paint Program Proposed Model Block Page 128 of 222
City of Miami Gardens Department of Community Development BPNRSA PAINT PROGRAM POLICIES I. Program Description The Paint Program is a housing program designed to assist lower income
homeowners in the Bunche Park Neighborhood Revitalization Strategy Area in the City of Miami Gardens. The program provides assistance to paint the exterior of the property. Materials
used for this program shall conform to the specifications designed by Staff. II. General Specifications The assistance will include the pressure cleaning of the residence, application
of primer/sealer to the exterior of the home, caulking and patching (as necessary); and an application of latex paint to the body and trim of the home. Homeowner’s choice of the City’s
preselected color palette which will include one body color and one trim color. Paint selection cannot mirror the homes directly next to or in front of the applicant’s residence. The
choice of colors will be made in a first‐come, first‐approved, first‐choice manner. Incidental repairs such as damaged fascia and soffit material will be eligible under this program.
The contractor will be responsible for removing any supplies or debris from the repairs. III. Assistance Type Assistance will be provided in the form of a grant. The amount of the assistance
will range between $3,500‐$10,000, depending on required incidental repairs or lead abatement. The grant will not include any restrictions to the homeowner. IV. Eligibility Criteria
To receive assistance under this program, the property must be owner occupied. The property must be located within the City of Miami Gardens and located within the Bunche Park Neighborhood
Revitalization Strategy Area as designated by the Department of Community Development. Participants must be current with the payment of their real estate property taxes. V. Application
Applications for participation in the Program can be obtained and returned in person to the Department of Community Development located at 1515 N.W. 167 Street, Bldg. 4, Suite 120. Applications
will will only be accepted from property owners of record. The application Page 129 of 222
must be completed in its entirety and submitted together with the following documentation: • Application Form • Photo Identification from each homeowner/applicant • Copy of Property
Deed • Copy of Homeowner’s Insurance Policy VI. Processing Applications Each application will reflect the time/date received, and will be processed in that order. Staff will review applications
and verify applicant and property eligibility. Incomplete applications will not be processed until all requested information is submitted. Staff will notify all ineligible applicants
of their status in writing. VII. Property Inspection Staff will schedule an appointment with each applicant at the subject property to inspect residence and determine the work to be
performed. After inspection, Staff shall establish the scope of work to be undertaken and assign a paint contractor. At this point, no additional changes to the work program will be
accepted. If additional work is required, such as lead paint abatement or any other item not covered under the general specifications of the program, the maximum grant amount shall not
exceed $10,000.00 per home. The contractor will not be responsible for any damage caused to landscaping at the perimeter of the residence that the homeowner fails to remove or relocate
prior to the start of work. VIII. Bidding Procedures Upon prequalification of an applicant, Staff shall select from the established pool of approved paint contractors to perform the
scope of work. Upon contractor assignment and approval of assistance, Grant Agreement will be executed between the City and the homeowner, that will list work as described in the specifications.
The contractor will carry out the required work under the supervision of Staff. Work shall commence no later than thirty (30) days after assignment. Payments shall be released by installment
draws provided inspection of services is made and work is found to be in accordance with the terms stipulated in the Grant Agreement. IX. Grant Agreement Documents When bid procedure
is complete, grant approval is obtained, and the painter is assigned, a Homeowner/Painter contract Agreement must be executed. The City will not be committed to proceed with the improvements
prior to execution of the Homeowner/Painter
contract. Staff will provide homeowner with copies of the original documents. After the Grant Agreement is executed, changes to the Scope of Work will not be accepted. An exception to
this policy can only be approved by the City Manager. Page 130 of 222
The property owner shall execute and submit the following documents: • Grant Agreement • Authorization to Process Payment X. Property Maintenance Agreements regarding the homes under
this Program shall contain a maintenance clause requiring owners to properly maintain their property in compliance with City of Miami Gardens ordinances as it relates to property maintenance.
CONSENT AND DECLARATION The undersigned certifies that they have applied for the BPNRSA Paint Program funded by the City of Miami Gardens with Community Development Block Grant (CDBG)
funds. In applying for assistance, I/we completed an application containing information for the purpose of obtaining funding assistance to paint the exterior of my home. I/we understand
and agree that the Department of Community Development reserves the right to change the requirements of this Program at any time. I/we, hereby consent to allow authorized representatives
of the City of Miami Gardens to enter my/our property for the purpose of conducting activities related to the BPNRSA Paint Program. I/we understand that the City will adhere to its existing
Housing Program Policies for any items not addressed in or with this document. I further release the City of Miami Gardens from any liabilities, which may arise because of this project.
Applicant’s Signature ____________________________________________ Date _________________ Print Name ___________________________________________________________________________ Applicant’s
Signature ____________________________________________ Date _________________ Print Name ___________________________________________________________________________ Revised 9‐2‐2009
Page 131 of 222
Bunche Park NRSA Boundaries NW 167th Street 00403-5 00402-3 00402-4 NW 22nd Ave NW 160th Street NW 161/162 St Stormwater Drainage Project: Scope of Work: New French drains to be installed
and resurfacing the roads after installation. Detail Location: NW 161 Street from NW 26 Avenue to West Bunche Park Dr. NW 162 Street from NW 26 Avenue to NW 162 Street Road NW 27th Ave
NW 155th Street NW 24th Ave NW 151st Street Page 132 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading
X Public Hearing: Yes No Yes No X Funding Source: General Fund Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Councilman Melvin Bratton
Department: Community Outreach, Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING A HISTORIC PRESERVATION PROGRAM
IN THE CITY; AUTHORIZING THE DESIGNATION OF A TWO-STORY HOUSE LOCATED AT 18450 NORTHWEST 12TH AVENUE AS THE REPOSITORY FOR THE CITY’S HISTORIC ARCHIVES; SUPPORTING THE ESTABLISHMENT
OF A CITIZEN’S HISTORIC SOCIETY; ESTABLISHING INITIAL FUNDING FOR THE FIRST YEAR OF THE PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ENGAGE A PROFESSIONAL CONSULTANT TO ASSIST IN THE
ESTABLISHMENT OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: BACKGROUND A sense of place constitutes one of the most important
aspects of living in a community. Historical context contributes to sense of place. Miami Gardens has now been an incorporated “place” for over six years. Many events led to the City’s
founding. The City has crossed important milestones with significant accomplishments. These events, milestones and accomplishments, and the participants who made them happen, are all
part of the ITEM J-7) CONSENT AGENDA RESOLUTION Historic Preservation Program Page 133 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City’s history. The area’s history predates incorporation as well. Newspaper articles, videos, plaques, and other
media and materials document the City’s history. These materials should be preserved in a systematic manner as part of the City’s heritage and identity. CURRENT SITUATION City Staff
has already started to perform certain historic‐related functions as follows: • Historic Photograph Display of African Americans in the Miami Gardens Area – Held in 2009. • Miami Modern
Architecture – The City’s inventory of historic MIMO structures includes a digital map, photographs and description; historic guidelines for Miami Modern architecture in draft form are
being reviewed for incorporation into the Zoning Code; this project was funded through a grant from Florida Department of State, Division of Historic Archives. • Portfolio ‐Community
Outreach has compiled a portfolio of news articles and related documents. The portfolio is specially designed for archival use and is 100% acid free. Despite what has been done thus
far, it is recognized that there are ongoing storage needs in order to implement a successful historic preservation program. The need to archive historic materials as events happen includes
the following examples: • Video – The City has made several videos such as the award‐winning Keep‐Miami‐Gardens‐Beautiful litter campaign video. The City was featured on national TV.
• Events – Many ongoing events such as State of the City, Jazz in the Gardens, Miss Miami Gardens Pageant, Memorial Day, Dr. Martin Luther King, Jr. Celebration, and the Police Department
Inauguration have materials that should be archived. • Awards • Photographs While technology permits historic records to be saved and shared in ever‐smaller spaces, the City’s historic
archives require a physical space. The two story “farm” house that was recently purchased from the Catholic Archdiocese at 18450 NW 12th Avenue has been suggested as the site of a City
historic museum. Former 34 year resident Ryan D. Hershberger estimates that the house was built around 1925 and may be the oldest building in the City. The building has been secured,
and has air‐conditioning. ANALYSIS Historic preservation activities typically involve groups of volunteer citizens who are interested in their community’s heritage. There are two main
types of historic preservation organizations which are explained as follows: • Historic Societies ‐In most communities historic societies are established by citizens to promote historic
preservation. The societies are usually not directly affiliated with the local government. The societies are often established as non‐profit organizations. • Historic Preservation Boards
‐Cities with designated historic districts and accompanying regulations governing those areas usually establish an historic preservation board whose purpose is to review Page 134 of
222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 development for compliance with historic guidelines. A Certificate of Appropriateness is then issued. The City of
Miami Gardens has not designated an historic district with accompanying regulations. Rather than establishing another City committee, the City should encourage the citizens to establish
a historic society as an independent group. While such an organization is desirable as a vehicle to involve citizens, it is not a prerequisite to establishing a City historic preservation
program. Communities with fully developed historic preservation programs include full‐time staff whose functions range from coordinating historic district building reviews to performing
curator functions at a museum. At start‐up, the City does not need dedicated staff. City Staff researched grant and related funding opportunities for historic preservation, including
stimulus funding. Many potential opportunities for funding historic preservation related functions and activities were found. The attachments include funding information and a list of
resources from the Florida Trust for Historic Preservation. Once program objectives are established, outside funding sources can be pursued. Recognizing the significance of a Historic
Preservation Program, it is recommended that establishing such be done in two initial phases. The following steps and time lines are proposed: 1. First Year Program – FY 2010 – Initially
the City should take steps to preserve the City’s history. a. First Objective – Establish a facility to archive historic documents and materials. b. Designate Location – Two story house
at 18450 NW 12th Avenue c. Historic Consultant – Due to the specialization of storing and archiving historic materials, the City should obtain the guidance and expertise of someone knowledgeable
in this field prior to purchasing equipment and materials. d. Staffing – No permanent staffing is envisioned for the first year. e. Equipment and Materials – Initial purchase of equipment
and materials. It is noted that historic documents must be stored in an acid free environment. A computerized inventory of archives is also anticipated. f. Estimated Cost: $15,000 ‐This
estimate is intended to include approximately $5,000 for consulting services and up to $10,000 to initially equip the house. 2. Second Year Program – FY 2011 – The second year program
will begin with preparation of the FY 2011 Budget. Budget preparation should establish the following: a. Ongoing program objectives, i.e., whether events and programs such as an oral
history project or display of historic objects is contemplated. b. Organizational responsibility needs to be established in terms of department c. Establish location of the historic
preservation function d. Define the City’s relationship with a historic society e. Funding: Estimated budget of $75,000‐$100,000 i. Staffing level (Example ‐Part‐time Administrative
Assistant, Full‐time curator) Establishing an historic preservation function is a worthy endeavor that constitutes a long term commitment requiring resources. Page 135 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilman Bratton recommends that the Mayor and Council adopt a resolution supporting the establishment
of a historic preservation program, designating the two story house at 18450 NW 12th Avenue as the repository of the City’s historic archives, supporting the establishment of a citizen’s
historic society, establishing initial funding for the first year of the program and authorizing the City Manager to engage a professional consultant to assist in establishing the program.
Attachment: Attachment A – Funding Information/Resources Attachment B ‐Resources Page 136 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment A – Funding Information 1. National Endowment for the Humanities (NEH) • Preservation Assistance Grants
(1) City must own possessions to be preserved. Privately owned possessions do not qualify for grant. (2) Apply for a grant to hire a Preservation specialist to assess the collection.
A written report should follow that states the plan for preservation of the collection. (3) Pursuant to the assessment, the City can purchase items per plan recommendations. (4) Next
deadline is May 18, 2010 2. Florida Division of Historical Resources • Special Category Grants (1) No stimulus money available (2) No funding available this year (3) Next cycle to begin
July 1, 2010 with deadline of August 31, 2010 • Small Matching Grants (1) No stimulus money available (2) Applications available online on October 1, 2009 with deadline of December 15,
2009 3. National Trust for Historic Preservation Funding Sources • Florida Trust for Historic Preservation (Statewide Partner) • John Gilmore Riley Center/Museum for African American
History and Culture (Local Partner) • Historic Florida Keys Foundation, Inc. (Local Partner) • Dade Heritage Trust (Local Partner) • Save America’s Treasures (SAT) • Partnership in Scholarship
Grants‐supports collaborative projects between African American Historic Places and college/university scholars. 4. Florida Department of State, Cultural Affairs Grant Information •
Historical Museums Grant (1) No stimulus money available (2) Program opens December 31 5. Partners for Sacred Places Partners is the only national, non‐sectarian, non‐profit organization
devoted to helping congregations and their communities sustain and actively use older and historic sacred places. Page 137 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment B – Resources by Florida Trust for Historic Preservation National National Trust for Historic Preservation
‐Grants www.preservationnation.org Small matching grants that fund professional services for preservation planning, education programs, and preservation emergencies. Applications for
Florida projects are coordinated through the National Trust Southern Office (843) 722‐8552. National Trust Loan Fund www.preservationnation.org Revolving loan funds that provide assistance
for projects that serve low and moderate income households/areas, and for a variety of preservation projects, including acquiring or rehabilitating historic buildings, sites, structures
and districts. National Trust Community Investment Corporation www.preservationnation.org NTCI is the National Trust’s for‐profit subsidiary and offers equity investment programs for
real estate projects that qualify for federal and state historic rehabilitation tax credits. The program focuses on projects that stimulate the economic revitalization of the surrounding
community. Federal Rehabilitation Tax Credit www.cr.nps.gov/hps/tps/tax A tax credit available for the restoration of National Historic Landmark buildings, buildings listed on the National
Register of Historic Places or as contributing buildings to a National Register Historic District, some state or locally designated contributing buildings. Buildings must be income‐producing
and must meet the Secretary of the Interior’s Standards for Rehabilitation. Advisory Council on Historic Preservation www.achp.gov The Advisory Council lists sources of preservation
funding on their website. Save America’s Treasures www.saveamericastreasures.org A Federal grant program assisting in the preservation of nationally significant historic sites and collections.
Preserve America www.preserveamerica.gov Federal grants assisting community efforts for the sustainable use of historic sites and that promote the economic and educational benefits of
heritage tourism. State Historic Preservation Offices, Tribal Historic Preservation Page 138 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Offices, designated Preserve America Communities, and Certified Local Governments that have applied for Preserve
America Community designation are eligible to apply. National Endowment for the Arts www.nea.gov Grants for design (including city planning and architecture), museum education and exhibits,
partnerships on art/cultural education projects, visual arts (including interior restorations), and to art/cultural agencies for various programs. National Endowment for the Humanities
www.neh.gov Grant themes often change each year, however in the past have included programs that promote history, preservation and access to historic sites and collections, education
and public programs, and research. Save our History Grants www.saveourhistory.com Save our History is a program coordinated by the History Channel. Grants are awarded for projects that
promote partnerships with local schools to teach students about historic preservation. Department of Housing and Urban Development (HUD) www.hud.gov HUD offers several grant and loan
programs that assist in historic preservation. Programs target local governments, cultural group, private homeowners, rural comminutes, affordable housing projects, and many others.
Of interest to private homeowners are the 203(k) loans and funds for “Handyman Specials and Fixer‐Uppers.” Getty Trust Grants www.getty.edu/grants/conservation Funds are available for
the conservation of museum collections, architecture, historic campus buildings, preservation education programs, and preservation training programs. Restore America www.preservationnation.org
www.hgtv.com Restore America is a joint partnership between the National Trust for Historic Preservation and Home and Garden Television. Each year, a small number of residential projects
are funded which spur the revitalization of a community. Funds can be used for bricks and mortar costs or consultant fees. Institute of Museum and Library Services www.imls.gov Financial
assistance available for museums in the area of assessment, collections management, education and research. Tourism Cares for Tomorrow www.tourismcares.org This nonprofit organization
awards international grants for the preservation and conservation of exceptional cultural and historical sites. The Andrew W. Mellon Foundation www.mellon.org Page 139 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Grants in five core areas: higher education, museums and art conservation, performing arts, conservation and the
environment, and public affairs. 1772 Foundation www.1772foundation.org Grants assist in the historic preservation of farming buildings, industrial development sites, transportation
sites, and unusual historic buildings. Carls Foundation www.carlsfdn.org Funds assist in the preservation of open space and historic buildings significant in America’s heritage. Graham
Foundation www.grahamfoundation.org Funding available for public programs that build support for architecture and the built environment. American Express www.home3.americanexpress.com
Funding is available in the area of cultural heritage for public awareness programs and major heritage tourism sites Statewide Division of Historical Resources www.flheritage.com Provides
grants for the identification, excavation, protection and rehabilitation (including acquisition and bricks and mortar) of historic buildings and archaeological sites. Funds are also
available for history museums and Main Street programs. Division of Cultural Affairs www.florida‐arts.org Provides grants for cultural and arts projects. Projects include the rehabilitation
of historic buildings slated for use as a cultural or arts center and education programming. Resources Chronicle of Philanthropy www.philanthropy.com Philanthropy Journal Online www.philanthropyjourn
al.org Be creative in your search. Often, organizations and agencies outside of historic preservation may offer financial assistance for preservation projects (i.e. affordable housing,
environmental protection, small business administration, etc.). Page 140 of 222
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING
A HISTORIC PRESERVATION PROGRAM IN THE CITY; AUTHORIZING THE DESIGNATION OF A TWO-STORY HOUSE LOCATED AT 18450 NORTHWEST 12TH AVENUE AS THE REPOSITORY FOR THE CITY’S HISTORIC ARCHIVES;
SUPPORTING THE ESTABLISHMENT OF A CITIZEN’S HISTORIC SOCIETY; ESTABLISHING INITIAL FUNDING FOR THE FIRST YEAR OF THE PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ENGAGE A PROFESSIONAL
CONSULTANT TO ASSIST IN THE ESTABLISHMENT OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens has now been
incorporated for over six years, and WHEREAS, it is very important for the City to document and house important City milestones and accomplishments, and WHEREAS, City Staff has already
performed some historically-related functions, including the Historic Photographic Display of African Americans in the Miami Gardens Area, display of the Miami Modern Architecture in
City Hall, and a compilation of various news articles and related documents regarding the City’s history, and WHEREAS, Councilman Bratton is recommending that the City establish a Historic
Preservation Program which will include among other things, designating a facility to be used to house archives, establishing a Citizen’s Historic Society, and establishing initial funding
for the first year of the Program, including the authorization to the City Manager to engage a professional consultant to assist with the Program, Page 141 of 222
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
31 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the designation of a two-story house located at 18450 Northwest 12th Avenue as the repository
for the City’s Historic Archives, authorizes the establishment of a Citizen’s Historic Society, and the establishment of initial funding for the first year of the Program. The City Council
further authorizes the City Manger to engage a professional consultant to assist in the establishment of the Program. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 28, 2009. _________________________________ SHIRLEY
GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY Page 142 of 222
1 SPONSORED BY: MELVIN BRATTON, COUNCILMAN 2 3 4 5 6 7 8 9 10 MOVED BY:_____________________ VOTE: _____ 11 Mayor Shirley Gibson (Yes) ___(No) 12 Vice Mayor Oliver Gilbert, III (Yes)
___(No) 13 Councilman Melvin L. Bratton (Yes) ___(No) 14 Councilman Aaron Campbell (Yes) ___(No) 15 Councilwoman Barbara Watson (Yes) ___(No) 16 Councilwoman Sharon Pritchett (Yes) ___(No)
17 Councilman André Williams (Yes) ___(No) 18 19 20 Page 143 of 222
CDBG‐R EE Retrofit Program ‐Page 1 of 3 City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal
Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Community Dev G elopme
Block rant (CDBGR) nt Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A Sponsor Name Dr. Danny Crew, City Manager
Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE EXPENDITURE OF APPROXIMATELY THREE HUNDRED SEVENTY‐ONE
THOUSAND, TWO HUNDRED AND SEVEN DOLLARS ($371,207.00) FROM THE CITY’S FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG‐R) FUNDING, TO ESTABLISH THE CDBG‐R ENERGY EFFICIENT RETROFIT
PROGRAM AND ITS IMPLEMENTATION; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background On
February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 (Recovery Act), under which $1 billion in Community Development Block Grant (CDBG‐R) funds
was appropriated for local governments to carry out eligible activities on an expedited basis. The City of Miami Gardens was allocated $371,207, and the Council approved the City’s application
to HUD on May 27, 2009. The budget for the use of the CDBG‐R funds is as follows: Housing Rehab (Energy Efficient Retrofits) $205,681 Infrastructure Improvements (Drainage/Paving) $128,405
Administration (10%) $ 37,121 Total CDBG‐R $371,207 Current Situation ITEM J-8) CONSENT AGENDA RESOLUTION Energy Efficient Retrofit Program Page 144 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 CDBG‐R EE Retrofit Program ‐Page 2 of 3 Improved energy efficiency and job creation and retention are two of the
overarching goals of the Recovery Act. The CDBG‐R Energy Efficient Retrofit Program is designed to accomplish both. It will provide grants to low‐income homeowners (up to 80% of area
median income) for energy efficient retrofits to owner occupied housing. These retrofits may include, but are not limited to, insulation or reflective roof painting and air conditioning
and/or water heater replacement. The program will be implemented in three phases: • Phase 1 Insulation Installation – Inadequate home insulation is the leading cause of home energy waste
and contributes to higher energy costs. Insulation installation is one of the least expensive and easiest ways to improve the energy efficiency of homes. Eligible homes will be inspected
to determine if adequate insulation exists. If insulation is lacking, new insulation will be installed. In the cases where flat roofs exist, reflective roof paint will be used instead
of insulation. • Phase 2 Air Condition Replacement – Heating and cooling can be up to 50% of a home’s energy expense. Upon completion of Phase 1 and depending on funding availability,
Phase 2 will commence. Homes that have been determined to be eligible, following the inspection of the current air conditioning unit, will then be qualified to receive a high‐efficiency
air conditioning replacement unit. • Phase 3 Water Heater Replacement – Water heating is the second largest energy expenditure after heating and cooling. Subject to funding availability
and after the completion of Phase 2, eligible homes, following the inspection of the current water heating unit, will then be qualified to receive a more efficient water heater replacement.
To kickoff the program, only applications for Phase 1 will be accepted. Then, based on program interest and funding availability Phases 2 and 3 will be launched. Every effort will be
made to give priority to local vendors in the specified trades of insulation installation, plumbing, electrical, mechanical, and painting; and to those that will create or retain jobs.
An Invitation To Bid (ITB) will be issued to solicit vendors from each of the previously mentioned trades. Local vendors who respond to the ITB will be given priority during the selection
process. The Department of Community Development will administer this program and a budget of $205,681 has been established. Assistance will be in the form of a grant of up to $10,000
per home. A notice of application period will be advertised for two weeks beginning November 2, 2009. The notice will be advertised in the Miami Herald Neighbors Section for Miami Gardens
and on the City’s website. Applications will be accepted for a period of two weeks opening November 16, 2009 and will close November 30, 2009. Applications will be available at the Department
of Community Development’s office and online on the City’s website. This program will follow follow the City’s existing Housing Program Policy unless otherwise specified. For more information
on the programs terms and eligibility, please see the attached Program Information Sheet. Proposed Action: Page 145 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 CDBG‐R EE Retrofit Program ‐Page 3 of 3 Staff recommends approval of the proposed resolution establishing the CDBG‐R
Energy Efficient Retrofit Program and its implementation. Attachment: • CDBG‐R Energy Efficient Retrofit Program Information Sheet – Phase 1 Insulation • Fact Sheet about benefits of
insulation Page 146 of 222
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE EXPENDITURE OF APPROXIMATELY THREE HUNDRED SEVENTY-ONE THOUSAND, TWO HUNDRED AND SEVEN DOLLARS ($371,207.00) FROM THE CITY’S FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-R)
FUNDING, TO ESTABLISH THE CDBG-R ENERGY EFFICIENT RETROFIT PROGRAM AND ITS IMPLEMENTATION; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA), and WHEREAS, in accordance with the
ARRA, the City of Miami Gardens was allocated Three Hundred Seventy-One Thousand, Two Hundred and Seven Dollars ($371,207.00) for an application previously approved by the City Council,
and WHEREAS, the City of Miami Gardens, in accordance with the application, intends to use this money for housing
rehabilitation and infrastructure improvements, and WHEREAS, staff has presented to the City Council a Program to be implemented in three phases, with the first phase to include insulation
installation, the second phase to include air conditioning replacement, and the third phase to include water heater replacement, and WHEREAS, in accordance with the Agenda Cover Memo
that accompanies this item, City Council would like to authorize the City Manager to implement the CDBG-R Energy Efficient Retrofits Program, Page 147 of 222
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section
1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section
2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the expenditure of approximately Three Hundred Seventy-One Thousand, Two Hundred and Seven Dollars ($371,207.00)
from the City’s Fourth Year Community Development Block Grant (CDBG-R) Funding to establish the CDBG-R Energy Efficient Retrofits Program. Section 3. INSTRUCTIONS TO THE CITY MANAGER:
The City Manager is hereby instructed to take any and all steps necessary to implement the Program as outlined in the Agenda Cover Memo that accompanies this item. Section 4. EFFECTIVE
DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER
28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Page 148 of 222
1 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. 2 3 4 5 6 7 8 9 10 11 12 13 14 CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 15 Mayor Shirley
Gibson (Yes) ___(No) 16 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 17 Councilman Melvin L. Bratton (Yes) ___(No) 18 Councilman Aaron Campbell (Yes) ___(No) 19 Councilwoman Barbara
Watson (Yes) ___(No) 20 Councilwoman Sharon Pritchett (Yes) ___(No) 21 Councilman André Williams (Yes) ___(No) 22 23 24 Page 149 of 222
Department of Community Development ∙1515 N.W. 167 Street, Bldg. 5, Suite 200, Miami Gardens, FL 33169 ∙ (305)622‐8041 CITY OF MIAMI GARDENS CDBG‐R Energy Efficient Retrofit Program
Program Information Sheet – Phase 1 Insulation Under the American Recovery and Reinvestment Act of 2009 (Recovery Act), the City of Miami Gardens has been awarded $371,205 of additional
Community Development Block Grant (CDBG‐R) funds. Energy Efficiency is one of the overarching goals of the Recovery Act and HUD is encouraging CDBG‐R projects that promote energy efficiency
and conservation. The Department of Community Development will administer the Energy Efficient Retrofit Program and a budget of $205,681 has been established. Eligible Applicants: •
Must meet low‐income guidelines (up to 80% of area median income) • Must be the owner of the residence • Must occupy the residence • Must be a resident alien • Must be current with existing
mortgage and real estate taxes • Must have homeowners insurance Eligible Properties: • Must be located in the City of Miami Gardens • Single Family, Townhomes, Condominiums Eligible
Repairs: • Insulation Installation • Reflective Roof Paint (in cases of flat roofs) Income Categories to be served: Family Size 1 2 3 4 5 6 7 8 Maximum Income $37,750 $43,100 $48,500
$53,900 $58,200 $62,500 $66,850 $71,150 Assistance: • Up to $10,000 per home Terms, Recapture and Default: • The City of Miami Gardens will provide the award in the form of a grant.
• The assistance will have a recapture provision of a period of 3‐years. Unless specifically detailed above, the Energy Efficient Retrofit Program will revert to existing Housing Program
Policies. Every effort will be made to give priority to local vendors in these specified trades: insulation installation, plumbing, electrical, mechanical, and painters. **Terms and
conditions are subject to change. Additional eligibility criteria may apply. Eligible homes will first receive insulation installation or reflective roof paint in cases of flat roofs
under Phase 1. This program is subject to funding availability. Page 150 of 222
Department of Community Development ∙1515 N.W. 167 Street, Bldg. 5, Suite 200, Miami Gardens, FL 33169 ∙ (305)622‐8041 CITY OF MIAMI GARDENS CDBG‐R Energy Efficient Retrofit Program
Fact Sheet ‐Insulation Heating and cooling account for 50 to 70% of the energy used in the average American home. Inadequate insulation and air leakage are leading causes of energy waste
in most homes. Insulation: • Saves money and our nation’s limited energy a uniform temperature throughout the house, and resources, • Makes your house more comfortable by helping to
maintain • Makes walls, ceilings, and floors warmer in the winter and cooler in the summer. How Insulation Works: You need insulation in your home to provide resistance to heat flow.
The more heat flow resistance your insulation provides, the lower your heating and cooling costs. Heat flows naturally from a warmer to a cooler space. In winter, the heat moves directly
from all heated living spaces to the outdoors and to adjacent unheated attics, garages, and basements basements – wherever there is a difference in temperature. During the summer, heat
moves from outdoors to the house interior. To maintain comfort, the heat lost in winter must be replaced by your heating system and the heat gained in summer must be removed by your
air conditioner, causing higher electric bills. Insulating ceilings, walls, and floors decreases the heating or cooling needed by providing an effective resistance to the flow of heat,
and can help reduce your energy consumption, thereby reducing your electric bill. Adding Insulation to an Existing Home: Unless your home was specially constructed for energy efficiency,
you can usually reduce your energy bills by adding more insulation. Many older homes have less insulation than homes built today. Properly insulating and air sealing your attic will
help reduce your energy bills. Attics are often one of the easiest places in a house to insulate, especially if you'd like to add insulation. Loose‐Fill Insulation: Loose‐fill insulation
consists of small particles of fiber, foam, or other materials. These small particles form an insulation material that can conform to any space without disturbing any structures or finishes.
This ability to conform makes loose‐fill insulation well suited for retrofits and also usually provides better coverage. Page 151 of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: (Enter Date )10/28/2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No
Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Ente r Fund & Dept) N/a Advertising Requirement: (Enter
X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Councilman Aaron Campbell Department: Mayor and Council Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S ORGANIZATIONAL CHART TO PROVIDE, THAT THE ADMINISTRATIVE ASSISTANTS CURRENTLY ASSIGNED TO THE MAYOR AND
COUNCIL THROUGH THE CITY MANAGER’S OFFICE BE REASSIGNED TO THE CITY CLERK’S OFFICE; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Summary: In prior City Council meetings, the City Council has discussed whether the Administrative Assistants, who assist the Mayor and
Council, should continue to report to, be the employees of the City Manager or whether they should report to, and become employees of the City Clerk. In some cities, these employees
report to the City Manager, while in other cities, they report to the City Clerk. Currently, the City’s Organizational Chart provides that the Assistants to the Mayor and Council Members
report to the City Manager. In accordance with the Charter, all City employees report to and are hired, fired and supervised by the Manager, except the employees of the City Attorney
and City Clerk. The attached Resolution proposes to amend the City’s ITEM K-1) RESOLUTION Amending the City's Organizational Chart Page 152 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 current organization chart, to provide that the administrative assistants to the Mayor and City Council, report
and to and become the employees of the City Clerk. Proposed Action: Councilman Campbell is proposing that the City Council approve the attached Resolution. Attachment: Attachment A ‐Survey
of other Cities Page 153 of 222
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S
ORGANIZATIONAL CHART TO PROVIDE, THAT THE ADMINISTRATIVE ASSISTANTS CURRENTLY ASSIGNED TO THE MAYOR AND COUNCIL THROUGH THE CITY MANAGER’S OFFICE BE REASSIGNED TO THE OFFICE OF THE CITY
CLERK; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, currently, the City’s
Organizational Chart provides that the Assistants to the Mayor and Council Members report to the City Manager, and WHEREAS, the City Council has expressed a desire, that instead of having
the City Manager’s Office supervise the day-to-day functions of the Administrative Assistants to the Mayor and City Council, that the City Clerk have this responsibility, and that these
employees work for the Office of the City Clerk, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS:
The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City
Council of the City of Miami Gardens hereby authorizes the amendment of the City’s Organizational Chart such that the Administrative Assistants to the Mayor and City Council no longer
report to the City Manager, but instead report to the City Clerk, and become employed by the City Clerk. 1 Page 154 of 222
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 3. INSTRUCTIONS TO THE CITY MANAGER AND TO THE CITY CLERK: The City Manger and the City
Clerk are hereby directed to take any and all necessary action in order that the Administrative Assistants to the Mayor and City Council become the employees of and report to the City
Clerk. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR
MEETING HELD ON OCTOBER 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA
KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: AARON CAMPBELL JR, COUNCILMAN MOVED BY:_____________________ VOTE: _____ 32 Mayor Shirley Gibson (Yes) ___(No) 33 Vice Mayor Oliver
Gilbert, III (Yes) ___(No) 34 Councilman Melvin L. Bratton (Yes) ___(No) 35 Councilman Aaron Campbell Jr. (Yes) ___(No) 36 Councilwoman Barbara Watson (Yes) ___(No) 37 Councilwoman Sharon
Pritchett (Yes) ___(No) 38 Councilman André Williams (Yes) ___(No) Page 155 of 222
MUNICIPALITY: CLERK APPOINTED BY: SUPPORT STAFF FOR ELECTED OFFICIALS REPORT TO: City of Lauderdale Lakes City Manager Two (2) Commission Aides reports to City Clerk City of Opa‐locka
City Commission Legislative/Support staff reports to City Clerk City of Ft. Lauderdale City Manager Elected Officials hires staff City of South Miami City Commission City Clerk provides
support to elected officials City of Miami City Commission Elected officials hires staff City of Sweetwater City Commission City Clerk provides clerical support to elected officials
Town of Bay Harbor Islands Town Council No staff Pompano Beach City Commission Support staff reports to City Manager City of Margate City Commission City Clerk provides clerical support
to elected officials City of Miami Beach City Manager Office Manager, Mayor Secretary Legislative support Each Commission has a legislative staff member, and Share a secretary City of
Key West City Commission Support staff reports to City Commissioners City of Royal Palm Beach City Manager Village Manager’s Secretary assists Mayor & Council City of Tamarac City Manager
Administrative staff reports to City Manager Village of Bal Harbour Village Council Administrative staff reports to Village Manager City of North Bay Village City Commission Executive
Assistant to the City Manager provides Support to City Council, which is limited to making Reservations for travel and conferences 1 Page 156 of 222
MUNICIPALITY: CLERK APPOINTED BY: SUPPORT STAFF FOR ELECTED OFFICIALS REPORT TO: City of Boca‐Raton City Manager Administrative Assistant reports to City Manager Town of Cutler Bay Town
Council Town Clerk provides support to Council City of Bell Glades City Manager No support staff Boynton Beach City Manager No support staff City of Deerfield Beach City Manager Support
staff reports to City Manager Town of Lake Park City Manager No support staff Village of Islamorada City Manager No support staff City of Weston City Manager No support staff City of
Miami Springs City Council No support staff City of Lake Worth City Manager Support staff reports to City Clerk City of Dania Beach City Manager Work is handled through City Manager’s
Office City of Lighthouse Point Strong Mayor – report to Mayor City Clerk keeps the elected officials informed, Mayor designated City Admin Elected officials makes their own appointments
As person Clerk reports to Village of Pinecrest Village Council Clerk provides support to elected officials City of Homestead Council Clerk provides support to elected officials 2 Page
157 of 222
MUNICIPALITY: CLERK APPOINTED BY: SUPPORT STAFF FOR ELECTED OFFICIALS REPORT TO: 3 City of Lauderhill City Commission Two Administrative Assistant who report to The City Clerk Page 158
of 222
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: Bonds Advertising Requirement: (Enter X in box) Yes No x Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x n./a Sponsor Name Danny Crew City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING “IN CONCEPT,” THE PROPOSAL SUBMITTED BY THE MGTC GROUP FOR DEVELOPMENT AND CONSTRUCTION OF A CITY HALL/POLICE HEADQUARTERS COMPLEX; AUTHORIZING THE CITY ATTORNEY
AND THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CREATE THE CITY OF MIAMI GARDENS LEASING CORPORATION, AND ANY AND ALL STEPS NECESSARY IN ORDER TO INITIATE IMPLEMENTATION
OF THE CONCEPT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Please see the attached Report and Executive Summary Recommendation: Recommend
that the City Council approve the proposal from Miami Gardens Town Center, LLC and authorize the City Manager and City Attorney to proceed with the necessary steps to enable this project
to move forward. ITEM K-2) RESOLUTION Proposed City Hall Page 159 of 222
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Executive Summary Report of the City Manager (Enclosed Separately) Proposal from the Miami Gardens Town
Center, LLC group. Page 160 of 222
1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING “IN
CONCEPT,” THE PROPOSAL SUBMITTED BY THE MGTC GROUP FOR DEVELOPMENT AND CONSTRUCTION OF A CITY HALL/POLICE HEADQUARTERS COMPLEX; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO
TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CREATE THE CITY OF MIAMI GARDENS LEASING CORPORATION, AND ANY AND ALL STEPS NECESSARY IN ORDER TO INITIATE IMPLEMENTATION OF THE CONCEPT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City was approached a few months back by the MGTC Group regarding the development of a City Hall/Police
Headquarters Complex, and WHEREAS, the MGTC Group is made up of various entities including developer, K Mack, architect, Santos Ramundez, a development group, MDG, a contractor, H. A.
Contracting, and well as an underwriter, Loop Capital, and WHEREAS, the proposal is a public/private development of the City Hall/Police Headquarter Complex at the Wachovia site located
on Northwest 27th Avenue, and WHEREAS, the MGTC owns the property directly adjacent to the Wachovia site, and WHEREAS, City Council has been presented a proposal outlined by the City
Manager for financing the development, and WHEREAS, City Council has decided that it would like to move forward with the development of the City Hall/Police Headquarters Complex in accordance
with the proposal submitted by the City Manager, and Page 161 of 222
WHEREAS, initial steps will involve the creation of the Miami Gardens Leasing Company, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, in addition, the City will
be required to approve a contract for development and construction between the City of Miami Gardens and Miami Gardens Leasing Corporation, and approve the sale of the City’s property
to the leasing corporation, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing
Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the
City of Miami Gardens hereby authorizes, “in concept,” the proposal submitted by the MGTC Group for development and construction of a City Hall/Police Headquarters Complex, and authorizes
the City Manager and the City Attorney to take any and all steps necessary in order to create the City of Miami Gardens Leasing Corporation and any and all steps necessary in order to
initiate implementation of the concept. The resolution contemplates that the City Attorney and the City Manager will bring back for approval to the City Council, an agreement between
the City of Miami Gardens and Miami Gardens Leasing Corporation for the construction of the City Hall/Police Headquarters Complex and leasing of the facilities to the City, and the sale
of the City’s existing property to the leasing corporation. Page 162 of 222
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 28, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: __________________
_______________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____
33 Mayor Shirley Gibson (Yes) ___(No) 34 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 35 Councilman Melvin L. Bratton (Yes) ___(No) 36 Councilman Aaron Campbell (Yes) ___(No) 37 Councilwoman
Barbara Watson (Yes) ___(No) 38 Councilwoman Sharon Pritchett (Yes) ___(No) 39 Councilman André Williams (Yes) ___(No) 40 41 42 Page 163 of 222
CITY MANAGER’S REPORT ON THE PROPOSED CITY HALL PROJECT AND PROPOSAL BY MIAMI GARDENS TOWN CENTER, LLC EXECUTIVE SUMMARY Background Attached is my report on the proposal presented to
the City by the Miami Gardens Town Center, LLC Group regarding a joint venture to build a new City Hall and Police Headquarters and to undertake associated commercial development on
land controlled by MGTC group immediately south of the City’s old Wachovia site. The City has been working toward building a new City Hall since 2005 when we purchased a future site
on NW 27th Avenue. Currently, the City is renting space for its City Hall. A temporary police headquarters was built in 1997 by renovating an old industrial building in the Sunshine
Industrial Park. Both the Police Department and the City Hall are deficient in space for their respective operation. Additionally, neither facility is centrally located for the residents’
convenience. Proposal In August, the City received a proposal from the Miami Gardens Town Center, LLC development group This group consisted of a developer (K Mack), an architect (Santos
Ramundez), a Development group (MDG), a contractor (H.A. Contracting) and an underwriter (Loop Capital). This group proposed a public-private development of the City Hall/Police Headquarters
buildings and the privately owned/controlled property located immediately south of the Wachovia site between that site and NW 183rd Street. The MGTC group proposes a guaranteed maximum
price development where the City and the developer agree on a maximum price for the public buildings. If the project costs exceed that budget, the developer is responsible for the overage;
if the costs are less than that budget, the City and the developer split the savings. The buildings would be designed and constructed to the City’s standards, with the City retaining
the rights to approve all major design aspects. Financing It has been proposed by the MGTC group that the financing consist of a standard municipal financing mechanism called Certificates
of Participation (COPs). These have been widely used by Florida cities and school boards since the 1980s. COPs are a type of revenue bond whereby the City creates a not-for-profit leasing
corporation who becomes the actual owner of the property and solely responsible entity for the repayment of the bonds. This financing ensures that the City does not become responsible
nor does it carry the debt on its books. The City then leases the new facility from the leasing corporation on a year-to-year basis for 30 years, after which the City can re-purchase
the property, including the buildings, for $10.00. In order for the City to pay the lease, the City needs to raise approximately $1.9 million over our anticipated lease payments. To
raise this revenue, the City would need to increase its millage 0.15 mills per year for the next three years or $13.20 per year for the average homeowner. Page 164 of 222
2 Recommendation It appears that the proposal received from the Miami Gardens Town Center Group is a viable way for the City to achieve its last major goal as a new city. The MGTC group
appears to have the experience and professional partners to carry out the plan. By collaborating with the MGTC, the City can take this final step in the development of a new City, and
can give the residents a visible and practical centerpiece that will help residents and visitors identify the community while providing a convenient location to the public in need of
City services. I recommend that the City Council approve the proposal from Miami Gardens Town Center, LLC and authorize the City Manager and City Attorney to proceed with the necessary
steps to enable this project to move forward. Page 165 of 222
3 REPORT OF THE CITY MANAGER ON THE PROPOSED CITY HALL PROJECT AND PROPOSAL BY MIAMI GARDENS TOWN CENTER, LLC Report Introduction In August, the City received a proposal from the Miami
Gardens Town Center, LLC development group (MGTC) inviting the City to participate in its proposed development of a portion of the City’s Town Center area. The proposal involves a number
of actions required in order to effectuate this proposal. These include a Joint Development Agreement; proposed financing structure; creation of an independent City corporation to serve
as “owner” of the project; the design and construction of the City Hall and Police buildings; and the construction of approximately 15 acres of commercial and mixed-use property adjacent
to the City Hall site. Any such proposal is complicated, but this one is even more so as it involves a number of unusual financing components that may not be familiar to the City Council.
This report will address these and other aspects in detail to provide Council with insight into the process and the City’s role. History No city is complete without a City Hall. Over
the past 5 ½ years, Miami Gardens has undertaken numerous projects and priorities in order to position itself as a complete city offering services to its residents. During this period,
time and money were dedicated ensuring that the City had the foundation to survive and prosper by building a strong financial base, renovating deteriorated parks, initiating a first
rate police department, and beautification of our community were all key ingredients in solidifying community support and achieving financial independence. The last of these core projects
must now be addressed – the need for a new City Hall Complex. In 2006, the City purchased 4+ acres of land on NW 27th Avenue just for this purpose (The old Wachovia Site). It was the
first step in the building of a permanent City Hall. Since our incorporation in 2003, the City has rented space in two locations for a temporary City Hall. While these locations have
served the City adequately during our development phase, they have now become inadequate and inefficient, lacking adequate security, space, and parking. The current location is not convenient
for our residents, and we have become separated from our largest employee component, the City’s police Department, which is facing a space shortage. If we do nothing, the City’s current
rent alone may total over $50 million over the next 30 years, and we will have nothing to show for it. We are not building any equity for our residents. The time has come for the City
to move forward and complete this important practical and symbolic project. In 2007, the City Council adopted a comprehensive plan for the City’s town center area. Included in this plan
was a City Hall facility as well as commercial and residential components. As Council knows, we have control over our City Hall land, but have no control over the balance of the town
center properties. It was anticipated that private developers would step in and Page 166 of 222
develop these other properties in general accordance with our Town Center Plan. Until recently, we have not had any interest from the private sector in doing such a project. Next Steps
in City Hall Project In order to construct a new City Hall, a number of things have to take place. First, a space study needs to be completed to determine the amount of space that will
be needed. A preliminary study has been completed by the City’s in-house registered architect. The study estimates that the City will need to build approximately 70,000 square feet of
office space to accommodate City staff, and an additional 70,000 square feet for the Police Department. The site will also require a parking structure of approximately 600 spaces. It
is proposed that the City Hall be constructed as a certified L.E.E.D. structure.(1) A preliminary cost estimate prepared by the Developer estimates the total somewhere between $50 million
and $55 million. An in-house estimate prepared by staff comes to a similar number. Construction Approaches 1. Standard approach to Construction The process would begin with a final space
study. Once that is completed, City Council would engage the services of an architect to prepare several renderings of the exterior of the complex. Council would select its desired approach
to the design, and the architect would begin detailed plans and specifications. This step would take approximately 9 to 12 months. Once design plans are completed and approved by the
City, bidding and construction would begin. A construction time frame of 18-24 months would be considered normal. 2. Alternative Approach to Construction Another approach to financing
such a project that many municipal governments use is called a Guaranteed Maximum Price Contract or
G-Max. Under this scenario, the City and developer form a partnership and share in any savings resulting from completing the project under the negotiated maximum.(2) Financing Of course,
none of this can take place without financing. No matter what financing method is finally finally chosen, the result is essentially the same: Property taxes must be raised to pay for
the improvement. 4 (1) LE.E.D. -The Leadership in Energy and Environmental Design green building rating system, or LEED, is a voluntary, consensus-based national standard for developing
high-performance, sustainable buildings. Financing a Major Construction Project (2) Guaranteed Maximum Contracts or G-Max are becoming more popular as a corporate vehicle to minimize
risk, avoid claims and integrate the diverse interests of a complex project. Under a G-Max contract the parties essentially form a partnership, and the contractor is guaranteed a set
profit, but there is also a guaranteed set maximum price. The G-Max is popular because it incentivizes the parties to work together. The contractor has no incentive to jack up prices
because he is getting a set profit. Page 167 of 222
A bond issue to raise $55 million would cost approximately $3.5 million a year for 30 years for debt service. Currently, the City pays approximately $900,000 per year in rent and bonds
for our present facilities. By 2012 when we would move into the new City Hall, rent at our present locations will be closer to $1,200,000 per year. That leaves a gap of approximately
$2,300,000 million in annual new money needed to pay the yearly payment on a new City Hall. Thus, the bottom line is that we need to find $2.3 million in new revenue. Realistically,
the only source the City has to raise this revenue is property taxes. However, unlike the earlier increases, this one is relatively small. In order to raise this revenue, we would need
to increase the tax rate by 0.55 mills. This translates to 55¢ in additional taxes per $1,000 of assessed valuation for the average home in Miami Gardens: Table 1: Cost of Tax Increase
at various Taxable Values Taxable Valuation Current Tax Rate After City Hall Increase Rate Annual Additional Cost Monthly Additional Cost $ 50,000 5.3734 5.9234 $27.50 $2.29 $ 88,000
5.3734 5.9234 $48.40 $4.03 $100,000 5.3734 5.9234 $55.00 $4.58 $200,000 5.3734 5.9234 $110.00 $9.17 = Average Miami Gardens Taxable Value Like different approaches to construction, municipalities
have a number of options with regard to financing. Each offers its advantages. 1. General Obligation (G.O.) Bonds General Obligation Bonds are traditionally the cheapest way to pay for
a major capital improvement; cheaper means borrowing at the lowest interest rate. A G.O. bond requires a vote of the residents agreeing to raise their property taxes to pay back the
loan. This approach would require us to place the issue on the ballot at the next scheduled election in fall of 2010 or call a special mail referendum at a cost of approximately $130,000.
While this approach is traditionally the least expensive way to borrow, because of the President’s stimulus program, it is not currently the cheapest alternative. 2. Revenue Bonds Another
type of bond issue that a city can use to finance a capital improvement is the Municipal Revenue Bond. There are several varieties of revenue bonds, but all require a pledge (promise
of payment) of some City revenue source to repay the bond [except that the property tax cannot be pledged]. These are the type of bonds we have used so far in Miami Gardens. We have
pledged the City’s Communication Tax, ½-cent sales tax and our Utility Tax receipts. Because these are not as solid of a promise of repayment to the investor, Revenue Bonds cost slightly
more than G.O. bonds. The downside of using these bonds is that the City raises no additional revenue to pay for these bonds, using only existing revenue. Thus, room has to be found
5 Page 168 of 222
6 within the existing budget to repay them. While this may be possible for smaller bond issues such as we have done in the past, it is not feasible for a large bond issue as you run
into competition for funding with other City activities. Except for our bi-annual equipment bonds, the City can no longer afford to add additional revenue bonds without a new source
of revenue to cover the payments. The City Council could raise property taxes at budget time and use the money to pay for the bonds, you just cannot promise to use tax revenue [This
is what we did for the police building]. 3. Capital Lease-Purchase Another common way for municipal governments to “borrow” is through a capital lease or capital lease-purchase. Other
variations exist such as Certificates of Participation (COPs). While we usually think of this approach as a way to buy equipment, it can also be used to purchase property or to construct
buildings. Using COPs, the city does not actually own the asset until the lease term expires. For example, when the City of Pompano Beach built it City Hall in the mid-1980s was financed
using this method. A wholly-owned City Non-Profit Corporation was established to be the “owner” of the property and the finished building. The City government then leased the property
on a year-to-year basis until the building was paid for (30 years). At the end of the lease period, the City bought the building back for $10. One advantage of this method is that the
asset (and liability) is not on the City’s books. This is because the City retains the right to halt payments each year if it chooses. If the City does stop payments, then they must
leave the building and it is sold to the private market. Because of this right to cancel, lenders want to ensure that the capital project is a vital part of the City’s government and
their canceling is quite remote. In Florida, many schools are financed this way. While these are the three principal methods for local governments to borrow money for improvements, for
the next year (until December 31, 2010), the federal government is offering a special type of bond for local governments. Build America Bonds (BABs) Under the president’s stimulus program
that was passed by Congress, the IRS is authorized to offer local governments special Build America Bonds. These bonds are similar to traditional municipal except, 1) They are Taxable,
thus carry a higher interest rate; but 2) The IRS rebates to the issuer (City), 35% of the interest paid to the bondholders, which makes the effective interest rate even lower than traditional
tax-exempt bonds. Because of peculiarities of the bonds, it is also possible to issue a hybrid of traditional tax-exempt revenue bonds and Build America Bonds to take advantage of the
strengths of each. Table #2 below illustrates the advantages and disadvantages of the five possible approaches that can be used to finance the City Hall/Police Headquarters project:
Page 169 of 222
Table 2: Comparison of financing Alternatives* Traditional G.O. Bond Traditional Revenue Bond Capital Lease-Purchase (C.O.P.s w/BABs) Capital Lease-Purchase (COPs with Hybrid of BABs
& Tax-Exempt Revenue Bonds) Approval Authority Referendum City Council City Council City Council Par $55,930,000 $55,790,000 $55,095,000 $54,925,000 All-In Interest Cost 6.23% 6.57%
4.98% 4.97% Issuance Costs $2,515,810 $2,613,910 $2,670,906 $2,635,738 Time to Issue 3-10 months 2 months 2 months 2 months Who Issues City City Leasing Corp Leasing Corp Liability for
Repayment City City Leasing Corp Leasing Corp Annual Debt Service $4,064,696 $4,234,756 $3,483,818 $3,482,281 Other (Costs) or Savings +4,000,000*** -$135,000 ** $4,200,000*** $4,200,000***
$4,200,000*** Total Principal & Interest $119,483,200 $124,515,338 $102,276,238 $102,254,131 Interest Savings Over G.O. n/a $5,032,138 $ 17,206,962 $17,229,069 * Figures provided by
Loop Capital ** Cost of the mail referendum *** Under these scenarios, the City will sell the existing City Hall property to the Non-Profit and have $4,200,000 in cash to spend as desired
on furniture or paying down the bond payments. What is surprising from Table #2 is the total interest savings of Scenario 4 over the traditional G.O. Bond approach (scenario #1) – over
$17 million over the life of the bonds. Proposal from the Miami Gardens Town Center, LLC Group In July 2009, Miami Gardens Town Center, LLC (“MGTC”) submitted a proposal to the City
Council of the City of Miami Gardens to develop, design, construct and manage a Town Center for the City. The proposed project would consist of several phases. MGTC has control of most
of the property immediately south of the proposed City Hall site and have proposed that this area (including the City Hall) be developed as a complete project. (3) It would be a mixed
use with government, private commercial and upper floor residential. This would be similar to Mizner Park in Boca Raton (except with the addition of government buildings). (3) For letter
from Property Owner, see Proposal, page 115. 7 Page 170 of 222
1. Phase I of the Project Phase I of the project would be the City Hall, police headquarters and a multistory the parking structure to serve these two uses. The City’s facilities would
consist of approximately 65,000 square feet City Hall, a 65,000 square foot Police Station, and a five-deck parking garage. Phase II would consist of an Entertainment district and a
retail-shopping destination. MGTC is also in discussions with Miami-Dade County to try to locate Performing Arts Center on this site. They are also in discussions with various retail
businesses, including those currently on the site they own and various hospitals to add a medical component to the project. Map 1: Proposed Public-Private Development – City Hall to
NW 183rd St. 8 Phase 1 Phase 2 Phase 3 2. Phases II and III of the Project After Phase I begins construction, MGTC will begin Phase II and possibility Phase III depending on the timing
of commitments by retail tenants. Page 171 of 222
MGTC Proposed Development Team In order to achieve these objectives, the MGTC group has assembled a development team comprised of professional development partners experienced with similar
projects both within the United States and abroad.(4) Artist rendering of the north portion of the proposed development. Beyond the traffic circle lies the City Hall (center) the parking
structure (center right) and the police department (right). This is only a rendering. No design has been proposed. This will be City Council’s decision. 1. MDG Development Group (MDG)
MDG is a Texas-based national developer with completed projects in 34 states and Europe. The Group’s officers have extensive background in the development industry. While most of their
projects have been tilt-up construction, they do have experience in traditional construction, though none developing a City Hall or Police building. (5) 2. Santos Raimundez Architects,
P.A. (S/R) S/R is a Miami-Based firm with over 30 years in the design business. Past clients clients include the Miami-Dade School Board, Miami-Dade County and South Florida several
cities. None has involved a City Hall structure or a police department headquarters building. Most of the school construction has been tilt-wall construction.(6) (4) For detail information
of the proposed development team, see Page 12 of the Proposal. (5) For more on MDG, see Proposal, page 13. (6) For more on S/R, see Proposal, page 63. 9 Page 172 of 222
3. H.A. Contractors (HAC) HAC is a construction management group who would provide the on-site construction oversight on behalf of the City. They have over 25 years of construction management
experience in a wide variety of commercial, utility and government projects, though they have not managed the construction of a City Hall building or a police headquarters. (7) 4. Loop
Capital Markets (LOOP) Loop Capital Markets is one of the nation’s fastest growing investment bank and broker-dealers serving clients in public and corporate finance; taxable, taxexempt,
and global equity securities sales and trading. Founded in 1997, Loop is the largest Minority-owned bond underwriter in the nation. They are based in Chicago with offices in Baltimore,
Charlotte, Cleveland, Dallas, Detroit, Hartford, Houston, Indianapolis, Los Angeles, Newark, New Orleans, New York City, Orlando, San Francisco, and Washington, D.C. Loop is well known
in the underwriting market and has a good reputation among the industry.8) 5. K Mack, LLC (KMACK) K Mac is a Miami Gardens-based developer that is the principal coordinator of this project.
K Mack has previously developed several projects in Florida including the Chili’s Plaza at NW 199th and US 441 in Miami Gardens. They also have control of the property south of the proposed
City Hall site. K Mack is represented by Mr. William Green. (9) Legal Team Any complex project such as the proposed development requires a number of legal experts representing the various
parties. Below are the various outside legal representation involved. 1. Greenberg, Trauig (City of Miami Gardens Bond Counsel) Greenberg, Trauig is the third largest law firm in the
State of Florida with over 1,700 lawyers in 32 locations around the world. The public Finance Section is the second largest firm serving as bond counsel for public clients in Florida.
Robert Gang is a partner and will serve as Bond Council for the City. He has practiced law for 37 years, 36 of which have been devoted to the field of public finance. He served served
as Co-Chair of the National Public Finance Practice for ten years. Greenburg will serve as the City’s bond council on this proposal.(10) (7) For more on HAC, see Proposal, page 42. (8)
For more on Loop Capital Markets, see Proposal, page 105. Their web site is: www.loopcap.com/. (9) For more on K MACK, see Proposal, page 36. (10) For more information on Greenberg Trauig,
please see Proposal, page 89 and www.gtlaw.com/Home. 10 Page 173 of 222
2. Robert Holland, Esq. (Disclosure Attorney) Robert Holland has been selected by the MGTC Group as disclosure attorney. This is the individual that will handle disclosure of the bonds
to prospective buyers/Investors. (11) 3. Bryant, Miller & Olive (Underwriter’s Attorney) JoLlinda Herring, Managing Partner of Bryant, Miller & Olive has been selected as the Group’s
underwriting attorney. This firm will handle bond-related legal matters from their perspective. Ms. Herring’s background is in municipal law, governmental financing, and blue sky securities
law. She has served as bond counsel and underwriter’s counsel for various Florida governments. (12) 4. KnoxSeaton (Co-Underwriter’s Attorney) Douglas M. Seaton, Principal at KnoxSeaton
has been selected as the Group’s counderwriting attorney. This firm will assist Bryant, Miller & Olive. Mr. Seaton’s background is in municipal bond financing. (13) 5. Lynn C. Washington/Tyson
Strong Hall & Conner (Developer’s Attorneys) Lynn Washington and the law group of Tyson Strong Hall & Conner will represent the developer in preparing and reviewing developer’s contracts
and other legal matters. (14) Financing of the Project The MGTC Group has proposed a somewhat complicated but not unusual financing for the project. It is similar to the method used
by the City of Pompano Beach described above. However, it provides one advantage over other type of financing in that it will qualify for President Obama’s Build America Bonds (BAB).
These bonds are an integral part of the President’s stimulus program, enabling local governments to issue bonds that are taxable, but carry a lower effective interest rate because of
an interest rebate from the IRS. (15) Table 2 below demonstrates this effect where the light blue represents the savings between a traditional tax exempt bond and the Build America Bonds.
However, these bonds are only available through December 31, 2010. After that date, traditional financing must be used. (11) For more information on Robert Holland, see Proposal, page
90. (12) For more on Bryant Miller & Olive, see Proposal, page 94. (13) For more on KnoxSeaton, see Proposal, page 96. (14) For more on Washington/Tyson, see Proposal, page 98. (15)
See Proposal, page 130 for a sample of the Official Statement from Broward County’s recent BAB bond issue. 11 Page 174 of 222
Table 3: Comparison of Tax exempt and BAB Bonds Light Blue = Savings of BBA over Traditional Tax-Exempt bond cost Traditional Tax-Exempt bond cost Build America Bond cost The MGTC group
has proposed a blended bond approach, using traditional tax-exempt bonds for the first five years and BAB bonds for the balance of the financing. This yields the cheapest financing available.(11)
Over the life of the bonds, this blended bond issue would save over $17 million over the traditional tax-exempt/G.O. option or $22 million over the traditional taxexempt/revenue bond.
The MGTC team also recommends that the City secure bond-insurance for the transaction, another feature that they estimate will save the City $3.5 million over the life of the bonds in
lower interest rates. Final savings will depend what rating the City receives from the bond rating agency; in this case Standard & Poor’s: The higher the basic, underlying rating of
the city, the lower cost for the insurance. 12 Page 175 of 222
Financing Sequence for Project Completion To try and better explain the sequence of the proposed financing, the following is a graphic depiction of the actions that will take place to
complete the project: Chart 1: Financing Process As Proposed by MGTC Group STEP 1 13 STEP 2 City Sells existing Land to NP City of Miami Gardens Miami Gardens Leasing Company (NP) City
Creates Non-Profit (NP) Miami Garden Town Center Development Group NP Hires MGTC , LLC Group to build City contracts with NP for the buildings and lease Bank New City Hall & Police Station
Trustee City Pays Yearly Lease Bank Trustee Pays Bondholders STEP 3 STEP 7 STEP 9 NP Issues bonds and Hires Trustee (Bank) to handle ongoing finances Bond Holders STEP 4 STEP 5 STEP
8 STEP 6 When bonds are paid, Bank Trustee sells the property to City for $10. Investors buy bonds (i.e. Loan the money to the NP) Step 1: Creation of a Non-Profit (NP): The Miami Gardens
Leasing Corporation In order to begin the process of building a new City Hall/Police Headquarters, the City first creates a Non-Profit leasing corporation (NP). This is done through
the State. This NP has three officers and one member. The Officers are usually the City Manager, the City Finance Director and a resident. The one member of the corporation is the City
of Miami Gardens. The purpose of the NP is to act as the “Owner” of the project; to contract for the construction of the project; and to enter into a lease with the City to use the buildings.
Because the bonds are in the name of the NP and not the City, the debt is not attached to the City’s financials nor is the City responsible for it. Page 176 of 222
14 Step 2: City Sells its Existing Land to the NP As part of the arrangement, the City will sell its Wachovia site to the NP. The sales price will be the City’s original purchase price
($4.2 million). The City will then have the necessary cash to pay for furnishings for the new buildings and other related costs. Step 3: Contracting with the NP for the Project The first
order of business for the NP is to contract with the City for the construction and financing of the new City Hall complex. The contract contains all of the protections that the City
feels necessary to ensure that the buildings are constructed to its specifications, including a guaranteed maximum price, approval of development team, design standards, architectural
features, interior space, grounds, inspections, etc. This contract also includes the financing arrangements for the City to lease-back the facilities and to re-purchase the land and
buildings at the end of the lease for a nominal sum, usually $10.00. Step 4: Non-Profit Hires the Development Team At this point, the NP enters into a contract with the MGTC Group for
the development of the City Hall Complex. The team has been previously approved by the City Council as part of their initial contract with the NP. The NP’s contract with the MGTC Group
includes the same protections are enumerated in the NP’s contract with the City. The development team begins their work on completing the financing and beginning construction. Steps
5: Non-Profit Issues Bonds Once the contracts are in place, the NP issues bonds to raise the capital necessary to complete the project. This is done through a public sale to national
investors. As part of the bond covenants (promises), an independent Trustee (a bank) is hired to oversee the account and service the bond payments. Step 6: Funds Deposited with a Trustee
on Behalf of the Non-Profit Once the bonds have been sold, the funds are deposited into an account owned by the NP. Step 7: City Pays its Lease Payments When the building is ready for
occupancy, the City starts its lease payments on whatever basis is approved in the initial contract with the NP. While the buildings are under construction, the City’s bond payments
are deferred. This is called “Capitalized Interest.” This interest is added to the bond total and is Page 177 of 222
15 repaid as part of the monthly lease over the life of the bond. As part of the covenants agreed to by the City, the City agrees to “Budget and Appropriate” the lease payment each year
in conjunction with its annual budget process. This means that the City agrees to place the lease payment in the annual budget to be considered by the City Council and that the City
Council agrees to consider appropriating these funds for the lease payments. However, THE CITY COUNCIL IS UNDER NO OBLIGATION to approve the budget item. If it does not, the City must
move its offices out of the buildings per the process established in the initial contract and bond covenants. This is the reason that the bonds are not considered debt of the City. Step
8: Trustee Pays the Investors their Interest and Principal for 30 years. When the building is ready for occupancy, the City starts its lease payments. After 30 years, City re-purchases
City Hall and its land for $10.00. Guaranteed Maximum Price Construction The MGTC Group has proposed using a Guaranteed Maximum Price (GMP) contract for the construction of the City
Hall complex. The GMP approach is often used in public construction. Under this method, the City and the Developer agree on a maximum price for the construction of the facility. If the
project comes in over that price, the overrun is the responsibility of the developer. If they come in under the GMP, the savings are split between the City and the developer. Obviously,
the key to this approach is the setting of a guaranteed maximum price. The City has several registered architects on staff that can competently negotiate on behalf of the City. Analysis
The unsolicited proposal received from the MGTC Group is appealing in a number of ways. The town center area of Miami Gardens is an area of special concern. This is why a separate study
was prepared for its revitalization. However, that revitalization requires substantial private investment, which as of today has not been forthcoming. This proposal offers the City a
chance to partner with the surrounding land owner to begin the revitalization process. As far as the City’s plans, the old Wachovia site has been designated as our future City Hall site
since 2005. This partnership would provide the design and construction resources to make the City Hall a reality. It would offer the best hope for the private sector to begin the redevelopment
of the town center area. The MGTC Group has control over most of the property from NW 183rd to the Wachovia and is offering a phased development of their site to match the City’s City
Hall design. Because of the type of proposal they have made (Guaranteed Maximum Price) for the City Hall portion, the City’s financial interest is protected. Even if they never build
the private portion of the project, the City will not be any worse off that they would if we built the City Hall on our own. As for the financing, the basic question that City Council
must decide is whether to raise the revenue necessary to undertake the project. No matter which approach is is taken; there is a minimum $2.3 million gap between rent payments and the
debt service on the construction. My Page 178 of 222
recommendation is that City Council proceed with the financing using the Capital Lease-Purchase COPs/Hybrid approach. The advantages of this approach are: A. It is quick and we should
move forward while the construction market is favorable. B. Takes advantage of a one-time presidential program to save millions of dollars over traditional financing. C. The financing
is off the City’s books. This will ensure that the City’s finances are not bogged down with a large debt burden. D. This will also provide the City with an infusion of cash ($4.2 million)
from the sale of the land. These funds can then be used to furnish the new buildings and could also be banked with a portion ($400,000/year) could be used to pay down the annual debt
service for 5-7 years, reducing the new money needed to $1,900,000/yr. This would allow us to lower the needed tax increase by almost 15% or an increase of .45 mills instead of the .55
mills. This could be done with a small increase of .15 mills over each of the next three years. Using this approach, the annual increase to residents would be substantially reduced:
Table 4: FY 2011-13 Yearly Increase for homeowner Taxable Valuation Current Tax Rate After City Hall Increase Rate Annual Additional Cost Monthly Additional Cost $ 50,000 5.3734 5.5234
$7.50 $.0.63 $ 88,000 5.3734 5.5234 $13.20 $1.10 $100,000 5.3734 5.5234 $15.00 $1.25 $200,000 5.3734 5.5234 $30.00 $2.50 This approach makes the project affordable to virtually all residents.
Future Step in the Process If the City Council chooses to proceed with the project as proposed by MGTC LLC, there are a number of steps that will take place over the next several months.
The major steps include: FOR THE CITY: 1. Approval of the Concept and proposal by GMTC, LLC. 2. Approval of Hiring bond counsel for the City. 3. Approval of the creation of the Miami
Gardens Leasing Corporation. 4. Approval of a bond reimbursement resolution to enable the City to recover associated costs made prior to bond issuance. 5. Approval of a contract/agreement
with with the Miami Gardens Leasing Corporation for the construction of a city hall/police headquarters and the leasing of the facility to the City. 16 Page 179 of 222
17 6. Sale of the City’s existing property to the leasing corporation. FOR THE MIAMI GARDENS LEASING CORPORATION: 1. Approval of an agreement with the City for the construction and lease-back
of a new City Hall, Parking Structure and Police Headquarters. 2. Approval of a joint development agreement between the leasing corporation and the developer. 3. Issuance of bonds (COPs)
4. Purchase of the City’s Wachovia property. 5. Purchase of the developer’s property (Mint Lounge). Page 180 of 222
Staff Monthly Report September 2009 CITY MANAGER • Met with the City of North Miami Beach water department to arrange a public town hall meeting for their utility customers in Miami
Gardens. • Prepared a major report for City Council on the proposed City Hall and the proposal we received from the Miami Garden Town Center Group. • Met with a local developer on the
requirement for a bond. • Met with Barbara Jordan and others regarding the proposed County Performing Arts facility.. • Prepared the budget for and sent to the printer. • Met with FDOT
regarding their 2010-1015 work program. • Attended the HUD Secretary’s conference at the City NSP house. FINANCE DEPARTMENT (Patty Varney) 1. Reconcile the variances of April bank statement,
both the master account and the SHIP account. 2. Amended City’s chart of accounts, both revenues and expenditures, to be in uniform with the State requirements. 3. Loaded FY 2010 budget
in the accounting software and distributed to all departments. 4. Met with representatives from Wachovia Bank and successfully addressed a loan payment which should have been converted
to fixed rate in January 2009. 5. Successfully reported on-line the first required ARRA grant (6 grants) to the US Department of Treasury. 6. Awarded $32,000 bullet proof grant from
the U.S. Department of Justice. Application of the grant was written by Alice Waters, Accountant III. Page 181 of 222
HUMAN RESOURCES (Taren Kinglee) • Completed new fiscal year procedures to process cost of living adjustments, add approved budgeted positions to system,
update of salary and grade tables, addition of benefit enhancements, etc. • Provided First Aid/CPR training for staff. Completed Hepatitis shots initiative for police department staff.
Assist Parks staff with information regarding Virginia Graham Baker(pool drain safety) compliance. • Consultation with outside council through Florida League of City regarding pending
litigations including deposition for cases. • Participated in the City’s Eden’s User Group meeting • Responded to several public records request • Held several meetings with department
supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys, etc. Monthly Statistics
Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 704 Positions Advertised 7 Interviews Conducted 60 Pre-employ
Physicals 27 Background/Reference Checks 10 New Hires 13 Workers Comp Claims 22 Exit Interviews 1 Promotions 4 1 Page 182 of 222
DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) CIP Worked with staff to advance the following projects: City Hall space planning Miami Gardens Community Center Phase II North
Dade Optimist Art in public places research Police Department/School Crossing Guard Worked with staff re: the following: • Nuisance abatement • OSSI/Eden interface for Landlord permit
• Byrne Grant Processing • Police Department SOPs Building and Code Compliance Worked with staff to advance the following projects: • Worked with staff to develop procedures for new
programs: o Re-occupancy re-inspection program o Landlord tenant ordinance o Established new legislation for property Maintenance Ordinance o Transitioned new Director of Building and
Code Other • Communications Forum • Education Compact Development • Employee Survey Issues • DRC/LDR Development Participated in the following Meetings/Committees (outside agency meetings):
UASI Meeting Coconut Cay CDD FIU Metropolitan Center Forum MDCPS Superintendent Meeting POLICE DEPARTMENT (Chief Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 256 TOTAL
HIRED TO DATE: 250 2 Page 183 of 222
• 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains • 28 Sergeants • 156 Police Officers (3 vacant Positions) • 8 Community Service Aides (3 vacant position) • 16 Telecommunications Operators
• 1 Telecommunications Supervisor • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secretary • 5 Administrative Assistants • 2 Property Control Officers • 1 Facilities Manager
• 1 Custodian • 1 Court Liaison/Off Duty • 2 Crime Analysts • 1 Administrative Analyst • 1 Investigative Assistant • 6 Crime Scene Technicians The monthly activity for the Operations
Division for the month of September 2009 is as follows: ARRESTS: • FELONY 78 • MISDEMEANOR 270 • TRAFFIC 255 • DUI 05 • WARRANT 52 TOTAL ARREST 660 CITATIONS: • MOVING 1430 • NON-MOVING
1508 • PARKING 266 TOTAL 3204 FIELD INTERVIEW CARDS 1313 TOTAL CALLS RESPONDED TO 8141 REPORTS WRITTEN 2570 3 Page 184 of 222
TRAFFIC CRASHES 229 The monthly activity for the Support Services Division for the month of September 2009 is as follows: Property and Evidence, Number of property items processed: 223
-Property Receipts Processed 18 -Property Receipts Rejected 22 -Property Released 73 -Property out to Lab 0 -Property to be Disposed 7 -Lab Runs to MDPD $15,190.00 -Cash Impounded 23
-Firearms Impounded *not counting CSI direct delivered to lab. Number of reports processed and number of requests made at window for records: Reports Processed 2,524 /Walkup Requests
at Window 1,042 /Mail Logged In 375 /Fingerprints 53 /Background Checks 69 /Amount Collected At the Window $137,134.56. Number of calls received by dispatch: CAD Calls = 10,620 /Phone
Calls = 13,069 /FCIC Entries = 248 /Training hours = 0 Overtime Hours = approx: 306 Temp Hours = 0 Court Liaison and Off-Duty 993 subpoenas stamped and placed in the officers’ mailboxes.
260 off duty personnel processed and entered into Eden for payroll processing. 7 off duty vendor requests processed. 40 dispositions stamped and placed in the officers’ mailboxes. Fleet,
Radio and Computer Management: Nothing Significant Facility Management: See Attached Significant events, new hires, programs etc: N/A The monthly activity for the Professional Standards
Division for the month of September 2009 is as follows: 4 Page 185 of 222
• Two Complaints: Case #2009-021 Case #2009-022 TRAINING • Classes Attended: 16 • Hours Taught: 642 • Participants (Officers/Civilians): 42 Attendance at FDLE Justice, Standards and
Training Commission Meeting. The monthly activity for the Investigations Division for the month of September 2009 is as follows: Arrests – Total: 313 Felonies – 115 Misdemeanor – 158
Truants Returned-13 U.S. Currency Seized – $1,121.00 Vehicles Recovered – 14 Vehicles Recovered Value-$124,000 Vehicles Processed-4 Property Recovered Value-$3,218.00 Firearms Seized
– 5 Search Warrants 2 Total Cases Assigned 437 Closed 209 (+30 UNF) Rate 51.4% Scenes Processed by Crime Scene Investigations Unit-124 SPECIAL PROJECTS DIRECTOR (Brandon DeCaro) Administration
Items • V. Nelson and B. DeCaro coordinating submittal to County Staff for transfer of GOB Grant Funds into appropriate active project. Capital Improvement Projects City Hall Renovation:
Close-out Phase – Jimmie Allen • Building 300 received Final Building Inspections and currently awaiting Certificate of Occupancy issuance by CMG Building department. • Completion of
several Punch List items is still pending. City Attorney and HR Office Remodeling: Construction 95% completed – Jimmie Allen 5 Page 186 of 222
• Office space is completed & staff has occupied their respective spaces. • Punch lists were developed by J. Allen and submitted by each Department to the ACM. • City is awaiting final
inspections, resolution of Punch List items and Certificate of Occupancy. The spaces is currently Occupied under a TCO. Demolition of Wachovia Building Site: Planning Phase – Brandan
DeCaro • Developing Schedule, planning options & preliminary estimate for site improvements has been reviewed by City Manager & Deputy Manager. • Bid advertised on 9/8/31/09; Pre-bid
meeting on 09/09/09; • Bids were opened on 09/26/09. • Award of Demolition is on hold pending decision by City Council regarding the options for the proposed City Hall & Police Building.
New City Hall: Planning Phase – Jimmie Allen/Brandan DeCaro • Preliminary Program and cost estimate reviewed by CIP Director and City Manager. • Review of Space Allocation & Building
Program occurred 09/14/09, 09/15/09 & 9/16/09. • Miami Gardens staff met with the Developer, Contractor and Architect on 8/13/09 to discuss the program for the proposed Town Center Project.
The project will include the new City Hall, Police Department Building and Parking Garage. • All staff comments received and incorporated into building programs. The revised program
was provided to the developer on 09/24/09. Coordination Meetings with Developers Team on 10/09/09 & 10/15/09. • The program for the buildings was review, and revised with the City Manager,
Deputy Manager & Assistant Managers. Police Building: Major Interiors Construction Close-out Phase – Jimmie Allen • The contractors have finished the original scopes of work and the
final inspections have been completed. • The Building Department has not issued the Final’s for all of the work. • Miami Skyline Construction still pending final negotiations and final
payment. • GEC Associates Renovations and Repair work received Final Approval and currently processing final Close-out, payments and permits. • Security and Access Control Contractor
Project Close-Close-out and paid in full. Police CSI Lab: Construction Phase 60% completed – Anthony Smith • Kick-off meeting with Police staff & A/E Team for CSI Lab Unit and the remodeling
of the Sergeants Work Room held 4/08/09. • Preliminary Schedule and Estimate submitted to CIP for comments 4/13/09. 6 Page 187 of 222
• Meeting held with Police staff on 4/17/09 to review & approve schematic Floor Plans. Meeting with Police staff to review & approve Construction Doc’s on 5/20/09. • Construction Doc’s
submitted to CMG Building Department for review on 6/3/09 and Miami-Dade DERM and Fire on 6/4/09. Building Department approval 7/07/09. • Project was advertised on 6/8/09 and bid opening
occurred on 7/09/09. • Resolution for construction award approved during 7/22/09 City Council Meeting. • Pre-Construction Meeting was held on the 8/5/09. Notice to Proceed was issued
to the contractor on 8/5/09. Contractor received Building permit on 8/7/09. • The construction of phase I, the renovation of the Sergeants Area has been completed. • The Lab was started
on 08/31/09 and the construction is currently on schedule. The scheduled completion date is 11/23/09. Fueling Facility & Storm Drainage: Construction Document Phase 85% – Jimmie Allen
• WASD and DERM review for original scope completed June 2009. • A/E responded to the three environmental concerns from DERM. Portion of new storm drainage system will have to be re-designed.
• A/E has provided fee proposals for revising the scope of the work for storm drainage. URS Environmental Group has completed test wells and submitted preliminary sampling data. • The
Report of the testing was submitted to DERM the week of 9/14/09. URS and the City are awaiting a response from DERM for the Assessment Report. • URS has submitted along with the report
of recommended removal a budgeted cost for the work. URS has submitted their proposal for the design and project management of the remediation work identified in the assessment report.
• A Fuel Management System has been proposed and the CIP office has reviewed the system. CIP staff has requested URS to provide cost impact to incorporate an equivalent system into the
project that will provide the City with a method of managing fuel use and consumption. • Staff will shortly engage URS to begin Project re-design to incorporate all new programmatic
issues discussed in staff conferences related to the project. Miami Gardens Community Center (MGCC): Construction 82% complete – Jimmie Allen • A/E has completed revisions for the Construction
Documents. The CD’s have been approved by CMG Building Department and certified true copies have been issued. • The Contractor requested a Time Extension which is being finalized. The
Architect is recommending 91 days as the reasonable time extension that 7 Page 188 of 222
can be justified. Change Order for the Time Extension will be submitted for the 11/10/09 City Council Meeting. • Main Building – Interior build out and outfitting of equipment being
completed and installation of systems is ongoing. Building painting and drywall systems are being finalized presently. • Mechanical, fire protection piping, electrical systems, plumbing
systems substantially underway. The building is now being acclimatized. • Restroom Buildings – Framing for interior partitions completed. Door and frame installation underway along with
plumbing rough and trim. • Track/Football field – The artificial playing surface is currently completed. • Final running surface for track underway and 50% completed. • Bleachers and
Press Box Contractor received the Notice to Proceed on 10/26/09 and the firm has begun the design and preparation of the Construction Documents for permitting and installation. The Firm
has 135 days to complete the work from the NTP date. • Sports lights for the field are being energized. NFL Grant for $250,000 will be requested in September once sports surface and
lighting installation has been completed. • East Parking Lot and Site Sidewalk Work is underway as well as driveway entrances to the site from NW 29th Court and at NW 199th Street. Site
lighting fixtures have been installed. • Bi-Weekly Construction Progress meetings are on-going. • The final $3,000,000 of funding was requested from Miami-Dade County in July and received
in August. FF&E List being developed for submittal to County. Miami Gardens Community Center Amphitheatre: Planning – Brandan DeCaro • Proposal for MGCC Amphitheatre project submitted
for Safe Neighborhood Parks (SNP) Grant in July. Project recommended for grant funding by SNP Oversight Committee on 8/18/09. • City Council approved required project matching funds
at meeting on 10/14/09. • Negotiation with MGCC A/E for design of Amphitheatre ongoing. Rolling Oaks Park -Four new tennis courts: Construction 100% complete – Jimmie Allen • Installation
of sports lighting will be bid out in September for City Council approval in October. Revisions to the lighting package have been prepared by the Engineer under contract with MUSCO lighting
to conform the courts lighting package to the existing conditions at the site related to power availability. • Final Punch List Completed and accepted by CIP Staff. 8 Page 189 of 222
Rolling Oaks Park: Design Phase 90% completed – Brandan DeCaro • Phase I Improvements include: Installation of 2 athletic fields, new entrance and turn-around, new parking and overflow
parking lots, fencing, and concession/restroom facility. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised CDs submitted to CIP staff
for review 4/15/09. • DERM -Tree removal permit approved. • Miami-Dade County Fire -Plans approved for permitting. • Department of Health -Plans approved for permitting. • MDWASD & North
Miami Beach sewer connection pending final approval. • Sewer pipe up-grade requested by DERM. Survey information & pipe as-built’s provided to DERM so that pipe up-grade will not be
required. DERM approval received in June, 2009. • Miami Gardens Building Department submittal pending. • Negotiating Additional Service with A/E for completion of Construction Documents.
Bunche Park & Pool: Design Phase 96% completed – Brandan DeCaro • Phase I Improvements include: Construction of entire pool parcel including pool house, parking paving/striping/drainage,
lighting, fencing, landscaping, and signage. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised Construction Doc’s submitted to CIP staff
for review 4/15/09. • County Fire -Plans approved for permitting. • WASD – Water & Sewer connection reviewed and approved. • DERM -Review for Water & Sewer completed. Surface water permit
approved. Payment for all DERM Permit Fees completed 7/14/09. • Construction Doc’s were submitted to Miami Gardens Building Department on 7/30/09. Building Department and Public Works
comments received. A/E response to the comments is pending. Brentwood Pool: Construction Phase 100% complete – Jimmie Allen • All original construction scope is completed and final payments
are issued. • Minor work is being performed by Bliss products to close several gaps in play surfaces adjacent to the new vita course. North Dade Optimist Park: Sports Lighting Construction
100% completed – A. Smith • Sports lighting fixtures purchased by Miami Gardens. • Preconstruction meeting for installation of sports lighting held on 4/22/09. • Survey performed to
layout boundaries for the baseball and football fields on 5/05/09. City staff marked the fields after the boundaries were set. 9 Page 190 of 222
• Five existing light poles with fixtures were demolished on 4/28/09. Remaining existing poles were retrofitted for the new Musco light fixtures. • Underground conduit installed with
modifications to the Electrical room. New panel & wiring for electrical room installed 6/8/09. • Lighting Electrification in June. Building Department final inspection completed. • Punch
List prepared 6/26/09. Final inspection for Punch List items held on 7/24/09. Installation of sports lighting fixtures completed. • Waiver and Release of Lien Form upon final payment
submitted by contractor. • Final reimbursement payment from Grant Agency is pending. North Dade Optimist Park: Design 95% completed – Anthony Smith • Phase I Improvements include: Construction
of new 3,000 sq. ft. building including six restrooms, small concession/kitchenette, and storage rooms; paved parking lot with 114 spaces including drainage, irrigation and landscaping,
football field & sports lighting relocation and minor landscaping; and construction of a sewer lift station. • Parks plans approved by Miami-Dade Fire. Reviewed by DERM and MDWASD. Additional
information requested and accepted 5/08/09. Final approval pending. • Lift Station -Received approval by MDWASD and DERM. • Construction Doc’s for the Recreation Building & Lift Station
submitted to the CMG Building Department for review on 5/27/09. • A/E has addressed comments from MG Building Department and DERM. • Plans resubmitted to the MG Building Department for
2nd review on 9/01/09. • A/E started work for additional services to add a new fence around the property, gates at entrances, irrigation system and building elevations. Norwood Park
& Pool: Construction 95% complete – Pool Building Renovation – A. Smith • South-side tennis courts converted into 2 basketball courts with new backstops. • Tennis court resurfacing 100%
complete. Fence replacement 100% complete. Staff developed Punch List on 4/21/09 and re-inspected 5/04/09, 5/28/09 & 6/02/09. • New pool equipment and furniture (i.e. lifeguard stand,
ADA lift, life vests, and shower seats) continues to be delivered. • Repair work for Pool Building was temporarily on hold until scope for pool piping replacement could be determined.
• Kick-off meeting with contractor for Pool Building Repair Project 4/09/09. • Change request and proposal for additional work was approved 5/4/09. Repair work for the Pool Building
commenced 5/14/09. Painting completed 6/05/09. • MG Building Department submittal for door replacement 5/05/09. Building Department approval 6/22/09. Doors installation was completed
in September. • Final Punch List Inspection took place on 09/15/09 and re-inspected on 10/15/09. • Completion of Punch List items is pending. 10 Page 191 of 222
Norwood Park & Pool: Design 95% complete -Pipe Replacement project – Anthony Smith • Staff prepared estimate of probably cost for replacement of existing domestic water and pool supply
and return piping. • Site visit with A/E 4/09/09 to determine scope for Piping Replacement Project. A/E proposal negotiated & accepted. Purchase Order issued to A/E in June. • Design
Kick-off Meeting for Piping Replacement Project on 6/18/09. • Final Construction Doc’s completed and submitted to CIP staff on 7/31/09. • Construction Doc’s submitted to MDWASD, MD Fire,
DERM & Miami Gardens Building Department for review on 7/31/09. MD Fire and DERM approval received in August. • Construction Doc’s submitted to Health Department on 8/13/09. • Resubmitted
to MG Building Department on 09/10/09, 9/24/09 & 10/08/09. • Final approval for Health Department & MG Building Department pending. • Project to be solicited for bids during the week
of 10/26/09. Miami Carol City Park: Construction ready to start – Anthony Smith • Contractor for for new Recreation Building and Site Improvements on hold pending final approval of site
utility plans from WASD and DERM. • WASD Water & Sewer Agreement to 4/08/09 City Council Meeting. County Attorneys denied minor revision requested by City Attorney. Submittal of Water
& Sewer Agreement pending up-dated “Opinion of Title”. • Revised Water & Sewer Agreement accepted by WASD on 6/04/09. • Construction Doc’s delivered to MDWASD 6/08/09. • MDWASD, DERM
and Miami-Dade Public Works approval received week of 9/07/09. • Final submittal to MG Building Department on 9/18/09. Construction Doc’s approved by Miami Gardens Building Department.
Miami Gardens Public Works approval pending. • Kick-off meeting held with contractor, Portland Construction. Miami Gardens Building Permit issued 10/15/09 and construction to begin on
11/02/09. Brentwood Park: Construction Phase 100% complete – Brandan DeCaro • New playground proposal reviewed in May. • Purchase Order for playground issued in June. • Construction
Documents submitted to Building Department 7/03/09. Building Permit issued 7/15/09. • Construction started 7/06/09 and completed in July 2009. Punch List was issued on 8/31/09. Playground
was re-inspected on 8/04/09. Final inspection is complete. • Final payment and Warranty papers are pending. 11 Page 192 of 222
Parks Department Generator Installation: Construction 75% complete – A. Smith • Received bid for installation of transfer switch for Parks Inspection Station. Purchase Order issued to
ECS for the generator electrical work. • Building Permit issued 10/02/09. • The construction for the electrical work for the installation of the transfer switch for the portable generator
was started on 10/06/09 & is on schedule. Meetings & Events: • V. Nelson, Parks Department staff & CIP Department staff to addend meeting with Miami-Dade staff to coordinate County requirement
for “Art In Public Places” for Miami Gardens projects on 10/21/09. CODE ENFORCEMENT (Roderick Potter) • Completed training manual for the Certificate of Re-occupancy program. • Attended
meeting with Miami Gardens Police regarding Landlord Permit /Chronic Nuisance program. • Completed training for Housing Inspectors. • Started commercial landscaping improvement project.
• Laptops and printers installed in 2 Code Supervisor vehicles. • Conducted a meeting meeting with Romary (lot clearing vendor) to discuss refinement of the contract. • Provided training
for the Code Compliance Management staff on Eden case creation and entry. • Met with Assistant City Manager Daniel Rosemond and Police Department Representatives to discuss subsidized
housing. • Conducted 2nd field ride-along with the housing inspectors and evaluated their training. • Conducted monthly field operation ride-along with Code Compliance Supervisors. •
Attended the City Council meeting. • Attended the tour of Landshark stadium. • Continuing efforts on the Laser fiche case files retention project. • Housing Manager attended the KAPOW
meeting. PERSONNEL Staff Development: • Licensing and Housing Manager obtained Florida Association of Code Enforcement Level 1 certification. • Attended planning meetings with special
groups relating from Management Forum Meetings. • Housing Manager attended assertiveness skills course. • Conducted a meeting with all Division Clerk’s. • All CEO’s attended the Gold
Coast Association of Code Enforcement (GCACE) network and training. • Conducted general staff meeting and management staff meeting. 12 Page 193 of 222
CODE Stats: Aug 09 June 09 July 09 Sept 09 Business Tax Receipt Inspections 75 73 79 78 Certificate of Use Inspections 75 73 79 78 Landlord Permit Inspections 172 412 107 44 Warning
Notices Issued 466 394 362 468 Civil Violation Notices Issued 136 103 104 129 Re-Inspections 357 417 489 323 Special Master Hearings 22 23 16 23 Massey Hearings 66 33 53 44 Lien Reduction
Amnesty Request Hearings 20 18 27 Extension Requests 33 48 22 31 Complaints Received 174 258 177 321 Proactive Cases 329 240 232 249 Cases Closed Within 30 Days 114 147 153 149 Cases
Closed Within 60 Days 13 42 19 2 Cases Closed Within 90 Days 39 19 19 5 Special Operations-Code 0 4 8 1 Special Events 1 1 2 1 Illegal Signs Removed 687 736 742 708 Phone Calls Received
by CEOs 296 267 222 190 Parking Tickets Issued 65 48 10 7 Lien Searches 117 55 41 85 Joint Operations-MGPD 0 1 0 1 PD Requests for CE 8 5 5 5 Storm water Postings 0 0 0 0 Abandoned Vehicles
-Tagged 40 28 51 36 Abandoned Vehicles -Towed 0 2 11 1 Note: (*) Indicates totals are from beginning to end of month. *Aug 09 Licensing Stats *June 09 *July 09 Sept 09 New Business Tax
Receipts 66 45 64 61 New Certificates of Use 40 42 50 55 New Alarm Permit Accounts 26 60 66 113 New Landlord Permit Accounts 37 129 253 9 Business Tax Receipts Issued 91 101 219 487
Certificates of Use Issued 52 94 203 429 Alarm Permits Issued 7 12 4 98 Landlord Permits Issued 155 7 78 26 13 Page 194 of 222
SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • International Walk To School Day • School Zone Assessment Corrections Meetings Attended: • Director’s Mtg.-10/13/09 •
Agenda Review/Staff Meeting – 9/16 & 10/08 • CTST Meeting 10/5/09 Meetings scheduled: • CTST Meeting – November 2, 2009 Misc: Friday, October 2, 2009 – During the monthly In-Service
meeting, the School Crossing Guards participated in Part 1 of the “Conflict & Resolution” training provided by City of Miami Gardens-Youth Violence Prevention Coalition. Wednesday, October
7, 2009 at 9a.m. -Division hosted “International Walk to School Day” at Norwood Elementary School. School Administrators, MGPD Officers, several Miami Gardens employees, and Parents,
watched as students paraded around the school then on to the P.E. field to learn about pedestrian and bicycle safety. Employee Incident Reports: • Total: 0 Terminations: 1 Resignations:
1 New Hires: 0 ASSISTANT CITY MANAGER (Vernita Nelson) • Facilities --City Attorney’s office space ((formally the Public Works office at city hall) is now open for business, with only
final touches left to complete; Working with MGPD to convert the one-story building at 12th Avenue and 184th Street into the office for the C.O.P.S. program. • Procurement Division –
Worked with staff to prepare specifications and secure quotes to integrate improved signage around City Hall facility to assist residents and visitors with locating the proper department.
• Media & Events Division – Working with staff, production and sponsorship contractors to prepare logistics for the Fifth Annual Jazz in the Gardens festival; Working with city staff
and the Progressive Young Adults Committee members to develop partnership and marketing plans for Census 2010 “Be Counted” public awareness campaign. • Capital Improvement Projects Department
– Continue to assist with capital improvement projects including the Miami Gardens Community Center Phase 1 14 Page 195 of 222
and 2, Rolling Oaks Park, and Bunche Pool; Working with Miami Dade County to develop an Art in Public Places process to satisfy grant requirements. • Miami Gardens /Opa Locka Youth Violence
Initiative –Billboards posted 27th Avenue and 154th Street and along SR 441; Working with staff to develop concepts for brochures and TV/radio public service announcements; Our Contract
Manager had an opportunity to “ride along” with MGPD JAG Unit; On-going meetings with Trust staff, Executive Committee of the Coalition, and various community partners. • Weekly Department/Division
Meetings • City Manager’s Office – Management communication forum sub-committee meetings are on-going; Employee of the Month Program selection committee. Additional Meetings: • 9/17
– Orange Bowl Committee Meeting • 9/18 – YVPC Executive Committee Meeting; Rattlers in the Garden • 9/20 – Progressive Young Adults Committee • 9/21 – CMG Budget /Council Meeting • 9/22
– YVP Coalition Meeting • 9/23 – CMG Directors’ Meeting • 9/25 – Jazz in the Gardens Sponsorship Meeting • 9/28 – Rattlers in the Gardens Business Networking Event • 9/30 – Town Hall
Meeting • 10/1 – Art in Public Places • 10/5 – CMG Website Steering Committee meeting • 10/8 – LDR Workshop; Jazz in the Gardens • 10/14 – Council Meeting • 10/16 – Public Works Staff
Meeting COMMUNITY OUTREACH (Lillie Q. Odom) • Providing supervision of volunteers, Elderly Affairs and the Commission for women committee members. • Collecting and coordinating historical;
articles, pictures and artifacts of the areas within the city for a Historical Display Center. • Compiling data , information and services for the elderly citizens. • Actively participates
in the service of providing U.S. Passports to citizens • Working with the Elderly Affairs Committee to coordinate the Community Forum to be held in November. 15 Page 196 of 222
Attended Community Meetings September 29, 2009 -War on Poverty Board Meeting points of Emphasis Financial Education, Reaching the Next Level, Neighborhood Housing. September 30, 2009
– Miami Norland Senior High Town Hall Meeting Emphasis on Public Schools strategies, Safety, FCAT, academics and the future of Miami-Norland Senior High School. October 1, 2009 North
Dade Regional Library to Replenish Discount cards Family Fall Festival Committee Meeting October 2, 2009 Attended the Buccaneer Boosters Senior Club Meeting. Attended the Florida Memorial
Anniversary Event October 7, 2009 Attended Cloverleaf Senior Club Meeting October 8, 2009 Staff Agenda Review Meeting Family Fall Festival Committee Meeting October 9, 2009 Met with
Youth Violence Prevention Coalition October 14, 2009 Met with committee to elect employee of the month Partner
Up Initiative with Front Porch Family fall Festival Committee City Council Meeting October 20, 2009 Attended the COMG Kiwanis Meeting. . MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker)
• Working in collaboration with the Youth Violence Prevention Coalition to complete the social marketing campaign for the Children’s Trust anti-Violence Campaign. Completed all project
artwork. Billboards have been posted and other components of the Campaign are in the process of being developed. • Completed the October issue of the Community Newspaper. The October
issue is available online at www.communitynewspapers.com. We are currently working on the November issue. • The “Community Survey” component of the branding campaign was highly successful.
Our goal was to complete 200 surveys; however we exceeded that amount by 170. • Met with Marome Agency and City of Miami Gardens’ Progressive Young Adults point person to devise a firm
public relations/marketing plan and tentative timeline for pre-census community promotional campaign. 16 Page 197 of 222
• Conducting ongoing Jazz in the Gardens team meetings which take place every Thursday at 10am. Meetings include updates, progress, sponsorship, talent and operations. This far Tina
Marie is confirmed to perform at Jazz in the Gardens. • Met with the Orange Bowl Committee to discuss various partnership opportunities in areas of economic development, tourism, branding,
events and sponsorships. • Held initial MLK committee meeting. Several seats are still vacant. This has been discussed with City Clerk and respective council members. Event is in January.
• Attended the Public Relations Society local chapter meeting and tour at WSVN channel 7. Met with News Director, assignment desk editors to learn news packaging opportunities, formats
and upcoming agendas. • Met with Real Times Media and National Who’s Who Black America to discuss marketing and advertising opportunities for Jazz in the Gardens. • Attended the Miami-Dade
County Tourist Development Council Grant Consultation. Drafted grant application for Tourist Development Council for Jazz in the Gardens 2010. • Staff Attended the Miss Miami Florida
Franchise meeting in Tampa Florida. 2010 Miss Miami Gardens Scholarship Pageant was approved by Council as of 10/14/2009. We are implementing all plans for the 2010 event. • Staff Attended
the 3CMA (City, County Marketing) national conference. • Our public relations efforts are ongoing. Please see the Community Outreach Department for press clippings, pictures or items
of the sort. We are also placing advertisement and purchasing media for other departments. PURCHASING (Pam Thompson) 1. Prepared and issued ten bid/RFP: Purchase & Installation of Floating
Fountains Pre-Qualification – Insulation Companies Replacement Home – 2500 NW 153rd Street Home Rehabilitation – 19635 NW 5th Avenue Energy Efficiency and Conservation Strategy Plan
Home Rehabilitation – 880 NW 178th Street Home Rehabilitation – 18820 NW 8th Avenue Home Rehabilitation21025 NW 38th Avenue Furnish & Install Pool Drains/Covers Annual Contract Generator
Generator Preventive Maintenance 2. Prepared and issued five quotations: Carpet cleaning & Interior Paint Community policing bldg. Furnish & Installation of City Hall Signs 17 Page 198
of 222
Addition of Uniforms Installation of Keystone Ballasts Pool Pump Repairs -Norwood 3. Preparing specifications for the following: Annual Contract for Storm Drain & Canal Maintenance Installation
of Security System – City Hall LAP projects – sidewalks & resurfacing of FHWP roads Norwood Pool Renovations Purchase of PD Vehicles Purchase of Backhoe Annual Contract Asphaltic Concrete
4. Issued 99Purchase Orders 5. Continue to maintain Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff
on Eden software 8. Continue entering contracts into Contract Management (ongoing) 9. Continue assisting vendors with on-line vendor registration Bids & Quotes – bid vendors (ongoing)
10. Updating the Procurement Web Page 11. Preparing Year End Procedures Purchases $25,000-$50,000 Date Vendor Service/Project Amount 9/21/09 Wilham & Assoc. Rehab Home $30,135.00 9/24/09
All Specialty Sales ODP -MGCC $30,841.12 10/9/09 Roane Consultant JIG $32,000.00 9/21/09 Bejar Constructio n Rehab Home $90,570.00 10/9/09 Multiline Bldg. Supplies ODP -MGCC $115,487.00
18 Page 199 of 222
INFORMATION TECHNOLOGY (Ronald McKenzie) IT Dept Overview This Status report covers the activities of the Information Technology Department for the period from 8/21/2009 through 9/16/2009.
It is organized into the following areas: • Significant Accomplishments • Significant Issues • Schedule Status • Travel Activity Accomplishments from Month: o Significant Accomplishments
Continued employee training for various Microsoft products. Training was held in Picture Manager, Excel, SharePoint, Word, Basic computing skills and PowerPoint. Analog Fax line
put in at City Attorney’s Office. Completed installation of services in the City Attorney’s Suite. Services included low voltage wiring, Installation of TV in conference room. Wiring
for suite. Setup of new station for Assistant City Attorney and moving of all IT assets from Parks to the new suite. Configured telephone system for enterprise wide Music on Hold.
Configured telephone system redundancy for system in Police Department. This will allow for the Communications Department to remain up and continue receiving calls even if the computer
system goes down. Helped with City Wide Survey by getting list of all names and departments of all city personnel. Worked with Deputy City Manager to ensure all missing personnel
were allowed opportunity to complete the survey by: identifying missing personnel, ensuring that they receive a passcode and information on how to access the survey, opening up the IT
Lab and giving computing assistance to staff on how to complete the survey and by repeatedly checking with Infosurv to ensure glitches in the system were noticed and corrected to allow
for true results. 19 Page 200 of 222
Recalled message with Raw Data sent from Infosurv to staff and forwarded by staff containing survey information. Ensured that information can be retrieved if needed but recalled it
from all exchange email boxes. Began deploying new AT&T aircards to PD officers. Will continue slow rollout until aircards have been divided into a 50/50 split between AT&T and Verizon.
Completed Installation of new Barracuda web filtering server. We now have two servers set up in a redundant configuration for all web filtering. We are able to monitor all web traffic
for all users using the cities assets for connecting to the internet. IT Team continuing their testing of Windows 7, MS Server 2008 and some virtualization products, in preparation
of capacity planning and creating a more efficient environment. Attended 3 presentation for virtualization and received quotes for services in preparation of evaluating right fit
for the city. Will look to make a decision by early November on a Co-Location site for the City. City. Continuing to work and produce positive results on new website with website
steering committee. Participation from each department on decisions and ideas is making the process great. Conducted two viewings of the new website with all staff. We received participation
and appearances by ALL departments. Scheduled to have viewing for Directors and City Executive Staff after agenda review on 10/22/09. Will show the site to City Council and residents
for pre-screening during first meeting in November. Finished “Why Miami Gardens” for businesses on the website. Set dates for fist week in November for joint effort with IT and
P&Z to work on installing CASS system for checking and correcting all addresses in EDEN. This is one of the missing pieces to performing a Parcel Refresh, Working with PZ for stronger
web presence to display maps and additional information. Continued working with Code on Laptop Pilot. Configured 3 templates for officers. Pilot is working well. We are now looking
to order the additional 10 laptops to make the entire officer group mobile. 20 Page 201 of 222
Continued regular Meetings with CIP, Park and Architects on AV system and Security system for MG Community Center. Participated in providing information for the AV bid. Provided
information to CIP for IT requirements for the new City Hall Changed laptops for Tom Ruiz, 2 Code Officers, and the Building inspectors to laptops with internal aircards. This should
allow stronger connection and fewer drops in signal. Put images on 17 computers for Parks. Gave Parks information for USB connectors so that we can deploy the computers. Also working
with Parks on establishing connectivity of phone and computers in City Pools. Configured and set up computer and phone for new Building and Code Compliance Director. In process
of configuring laptops for Mayor and all Council members. This should be deployed before next council meeting on 10/28/09. Visited new Police Department community center location.
Established requirements and ordered equipment as needed. Configured laptops for new officers hired via COPS grant. Participated in visit to Parks Inspection station to gather requirements
for closed circuit TV installation. Working with Procurement, CIP and Parks on this prject. Ordered turn up of analog lines and extension to fire alarm system for new Miami Gardens
Community Center. Performing Friday weekly set up of wireless access in the City Hall fountain area. Setting up wireless access for all laptops to allow them connectivity to the network
from anywhere in the city hall area. Will be setting up access in PD in November. Installed more efficient desktops in the IT Computer lab. Worked with “TEAM POSITIVE” on various
issues and concerns posted from the Management Communications forum. Shared my idea for a branding concept “Our Promise,” to help create a positive corporate culture and define responsibilities
of staff. The committee agreed and expanded on the idea. Plans for deployment are forthcoming. 21 Page 202 of 222
Web Master Mbaxi Cabral resigned from the city due to personal reasons. Hired temp to continue meeting design and maintenance deadlines. Continuing Work with Procurement on contract
with IDD for storage of CMG electronic data Working with Fleet on new software to automate their processes. Working with Capt Skellion and Mirimar PD on creating new reports for
OSSI. Performed Public Records request for City Clerk. Completed CID phone queue set up for Detectives. o Significant Issues Motorola laptops are breaking down at an alarming
rate. Working with Procurement on a reverse auction to get pricing for new Dell replacements. I will order them in sets of 50 to keep order and maintain space for redeployment. Will
have to delay rollout and original dates planned for deployment of Customer Request Module. Departments have not all been trained on usage. They will not be going to EDEN for training
at conference. We will have to bring someone back done to CMG to train staff. Department Heads will have to ensure that the same staff members come to EVERY session and that they come
prepared to learn. Rollout will take place after total system is set up. This is also affected by budgetary constraints. PD Laptops were having issues with users losing their profile
and access to system. Problem aroused from older laptops having the old Symantec antivirus software installed along with our current antivirus software TREND. We have cleaned the old
antivirus off the PCs and corrected this issue. Various L3 camera issues. All issues have been resolved. Ordered new Kaspersky antivirus software for desktops, laptops and servers.
It seems to be having a problem with CAD and RMS. Working with Kaspersky on resolution. If one can not be met, we may have to have a different antivirus solution for the CAD and RMS
server. EDEN logs were excessively high. Transferred logs to offline media. This prevented an EDEN stall or degradation in the system. 22 Page 203 of 222
There were issues with the tape backup system at CH. Had technician come up to correct issue. Unit was down for two days but no data was lost. Backups are now working properly.
Worm outbreak at PD. Stopped propagation. Cleaned up computers. Loaded Kaspersky which stopped the worm, but does not play well with CAD and RMS. Looking for antivirus solution for CAD
and RMS. Working with Drummer Boy to repair and replace all malfunctioning parts of the AV system in Council Chambers. o Schedule Status Conducted EDEN Steering Committee monthly
meeting. Next meeting schedule after EDEN conference. Date will be the first Thursday in November. Conducted Web Site Steering Committee 10/5/09. Will Continue monthly meetings to
discuss issues for successful rollout and maintenance in the future. Meeting scheduled for first Monday in November. Will look at options for Asset Management System at EDEN conference
on 10/25/09.. o Travel Activity Ron, Tristan and Ricardo attended Project Management Course in Fort Lauderdale from 9/28 thru 9/29, 2009. Ron and Ricardo scheduled to go to EDEN
Conference in Orlando in October Tristan scheduled to go to OSSI conference in Orlando in October. Ron attended CCIO phase two training 10/18/09 – 10/21/09. PUBLIC WORKS DEPARTMENT
(TOM RUIZ, DIRECTOR) • Staff continues to clean and maintain bus bench areas throughout the City, which at times warrant changing old and worn out containers. • Staff continues to mow
public right-of-ways to ensure that the roadways are aesthetically pleasing. We are also spraying curbing and paved medians for weed control. • Two streets crews continue to repair sidewalks
throughout the City. • Staff continues to trim and prune trees citywide, especially during this hurricane season. This also gives residents an added security. 23 Page 204 of 222
• We are working towards cleaning and vacuuming all storm basins and drainpipe city wide. • Public Works issued 16 permits of which: 1 Paving & Drainage, 6 Driveways & Sidewalks, 2 Banner,
and 10 Utilities. • Installation of the drainage improvements on NW 203 Street was completed on October 8, 2008. The swale area restoration will be completed by October 15, 2008. • Straightline
Engineering has completed the drainage improvements which covers the residential area at N.W. 45 Court between N.W. 171 Street and N.W. 171 Terrace. • The City of Miami Gardens received
$100,000 from the Florida Department of Environmental Protection for drainage improvements. The project will cover the north and west side of Scott Lake Elementary School located at
the intersection of NW 175 Street & NW 12 Avenue. Craven and Thompson has completed the design phase. On October 8, 2009 DERM approved the plans. Staff is working with the Consultant
in preparing the bid documentations (technical specifications, bid item list). • Solo Construction Corporation began the construction of the “Neighborhood Improvements-Kings Garden I
& II” project on September 29, 2009. The Contractor is working on installation of drainage improvements. Subsurface excavations were done at multiple locations throughout the site to
analyze the condition of the sub-base and lime rock base. Based on the results, the existing access roads (alleys) are not conforming to the road standard specifications. The existing
sub-grade is composed of organic sand which further requires entire removal. The existing lime rock base has an average of 2 to 5 inch thick and does not meet the minimum requirement
which is 8 inch thick. All roads access will be re-constructed according to the road standard specifications. • Engineering Staff is working on finalizing the documentation necessary
for the stimulus funds managed by Florida Department of Transportation. The funds will be used for milling, resurfacing and stripping, and sidewalk improvements. The total amount of
$2.6 million was divided into 3 projects not to exceed one million dollars per project to bid out. In order to be able to submit the project for FDOT approval the following documents
were required: design plans, pavement calculations, traffic safety reports, cost estimates, right-of-way certifications, construction check lists, along with other requirements managed
by the Purchasing Department. One project will be submitted by October 23, 2009 to Purchasing Department. 24 Page 205 of 222
• Miami Gardens Drive Beautification Project is 95% substantially completed. We are working on adding additional landscaping to Northeast corner of NW 183 ST and 27 AVE. • Staff discussed
with Mike Conner from Calvin Giordano and Associates in regards to the design of second phase for Miami Gardens Drive Beautification. Staff was informed that the preliminary design scheme
has started and surveying has been completed. • The Director attended an ARRA Stimulus Fraud Meeting with the Inspector General for FTA (Federal Transportation Administration) and gave
a presentation to staff from all the departments involved on fraud with the stimulus funds and what to look for. • On September 28 and 29, the Director attended a Microsoft Project Training
with the IT Department. • On September 30, 2009, the Director attended a Planning, Training & Exercise Plan (PT&EP) Workshop at the Institute of Public Safety in Davie. PT&EP Workshop
is an annual Federal and State requirement and is a method to participate and add your input to assist justifying your agencies planning training, exercise needs. • Staff attended a
meeting for ARRA FTA Stimulus funds at the County. (Draft Interlocal Agreements, Procurement Process/Buy America, ARRA Logos and Department of Transportation -Office of Inspector General
posters, Reporting requirements monthly and quarterly, and Reimbursement through FTA draw downs). • On October 5, 2009, the Director walked the Scott Lake community with Sonia Flowers
and Mr. Alexander to address sidewalks, trees, and other issues. Staff will be addressing all these issues though work orders. • On October 7, 2009, staff attended the Walk to School
Event at Norland Elementary School with the Crossing Guards. Keep Miami Gardens Beautiful KAB’s Waste Management Grant • $10,000 awarded for city’s recycling program • Presentation will
be made before council on the 28th of this month by Waste Management Rep. Fall Beautification Award Work in progress Tree Planting 25 Page 206 of 222
Approximately 100 trees per months will be planted in this fiscal year be staff Community Beautification Grant Sent out Fall 2009 Applications • Application deadline has been extended
Make A Difference Day Planning-seeking funding and volunteers (Oct. 24th) • UPS corporation has signed on AmeriCorps Volunteer day • November 20th • Details are being worked out Landscape
Maintenance • 441-North Side-the first 5 medians have been fully landscaped with drought resistant material (bougainvillea, green island ficus, red tipped coco plums and variegated aboricolas).
Plans are in the works to plant out the next few medians. • Shade trees are being pruned in preparation of possible heavy winds during the summer months. • Prepping 157 street for installation
of over 60 Large Oak Trees • All of the Maui Ixoras (yellow) along 27th Ave are being replaced with coco plums and Thai red ixoras. • Damaged irrigation system on 27 ave and 199 street
will be fixed shortly. • Working on replacing damaged palms hit by cars on 27 Ave. Installation of water features on NW 27 Avenue and NW 215 Avenue Cooperative effort with Miami-Dade
County, Calder Race Course and Dolphin Stadium with city as the lead agent The water systems are out to bid. Bids will be opened on the 15th of October Florida Turnpike Authority Working
with F.T.A to have $25,000 worth of Royal Palms planted at the entrance to turnpike near Dolphin Stadium in time for Pro Bowl and Super Bowl Working with FDOT to have the 441 Royal and
Alexander Palms transplanted within the city and additional landscape upgrades. Has been Approved by FTA Community Beautification projects • Ongoing • 1 major community projects completed
this month 2009 PSA TV Commercial in production Completed 2009 Radio PSA In Class Program In class program slated to begin in November 2009 26 Page 207 of 222
ASSISTANT CITY MANAGER (Daniel Rosemond) o Transition of reporting responsibilities – During this reporting period, the City Manager’s Office made changes to the departmental reporting
responsibilities. The two new departments that I will be overseeing are Parks & Recreation and Fleet Services. I have been transitioning from overseeing the Building Services and have
provided the new Director of Building and Code Compliance a document outlining initiatives and pending issues. Additionally, I have been getting acclimated to the priority issues at
hand for my new departments. o Parks Maintenance Issues– We have been experiencing a potentially embarrassing issue involving our Parks Maintenance Staff. It is clear from the cursory
review of this operation that drastic changes need to take place. We are hopeful that the hiring of the new Superintendent will address much, if not all of the issues related to maintenance.
o Recovery Zone Bonds – Section 1401 of Title I of Division B of the American Recovery and Reinvestment Act (ARRA) of 2009 authorizes State and local governments to issue Recovery Zone
(RZ) Bonds. The ARRA included $25 billion for two types of RZ Bonds: $10 billion for Recovery Zone Economic Development Bonds & $15 billion for Recovery Zone Facility Bonds. All States
and the District of Columbia received direct volume cap allocations, as well as counties and some large municipalities in those states based on the rate of employment declines in each
jurisdiction during the period from December 2007 and December 2008. Miami Dade County, City of Miami and City of Hialeah all received volume cap allocations. However Miami Gardens,
although a large municipality with over 100,000 population, did not receive a direct volume cap allocation by the IRS. Much of the determination seems to have been on unemployment figures.
We have reached out to our federal lobbyist Alcade & Faye to inquire as to why the City was not provided a direct allocation, and what we could do at this point to receive such. A direct
allocation in either of these categories might afford us the ability to pursue the new City Hall project. • Kings Gardens HOA’s – As part of the infrastructure improvement project that
has commenced in Kings Gardens I & II, the issue of a lack of an active Home Owner’s Association has become increasingly critical. In addition to the deteriorated roads, we have also
determined that there are several parcels of land within these neighborhoods that were initially intended to be common areas for the neighborhood. The absence of the HOA has resulted
in no maintenance of these parcels and consequently they’ve become dumping grounds for trash and debris. Options are being explored as to what to do. The City’s acquisition of such properties
would increase the cost of our P.W. maintenance budget. • Demolition of first 2 unsafe structures-I am pleased to report that staff has completed the demolition of the first two residential
structures that had been deemed unsafe by the Unsafe Structures Board. After months of 27 Page 208 of 222
affording the property owners ample time to respond, we were finally able to proceed with the demolition of the properties located at: • 3501 NW 213 Terrace • 1480 NW 193 Terrace • The
demolition is being paid for using Neighborhood Stabilization Program Funds. Demolition of blighted and abandoned properties is an eligible activity and reflected in the City’s approved
plan. • Census Campaign-The City Council approved the allocation of $60,000 for a City-Wide campaign promoting the 2010 Census. It has been determined that the lead staff person for
this initiative will be Ula Zucker, the City’s Events and Media Coordinator. Community Development Director Tasks • ARRA Grants -The City has successfully received 3 ARRA Grants for
the Department of Community Development. Staff is diligently working on the very cumbersome reporting requirements, as well as establishing the programming necessary to accomplish community
priorities as well complying with regulatory requirements. • Public Services Funding (program year 4 )-Community Development completed its RFP process for evaluating public services
proposals. City Council has determined to fund programs providing home delivered meals and services to kids aging out of the foster care program. Staff is currently reviewing a youth
works program proposed by Concerned African Women, but the agency’s financial management may be at issue. Participated in the following meetings: • Meeting with Commissioner Jordan and
Mayor re: funding for Sunshine State International Park redevelopment • Interviews for Parks Maintenance Superintendent • Interviews for Building Services Division Director REREATION
DEPARTMENT (Kara Petty, Director) A.J. King Park • There are thirty-three children enrolled in the Shining Stars After-School program. The children are engaged in various activities
such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • There
is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. • Optimist practice continues. They are practicing Monday thru Friday 6-8:30pm. 28 Page
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• KDO was on September 28th. 28 children were registered for KDO. The children went to the movies and had popcorn along with the trip. • Every Tuesday and Thursday 18 participants are
engaged in Chair Yoga promoting exercise and health. Brentwood Park • There are forty children enrolled in the Shining Stars After-School program. The children are engaged in various
activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills.
• The new playground is complete and is receiving heavy use. New sod and soil was delivered and placed around the playground to complete the project. • Optimist games and practice continue.
They are practicing Monday thru Friday 6-8:30pm. Portable field lights were delivered and are being used during practice times. • KDO was on September 28th. 28 children were registered
for KDO. The children went to the movies and had popcorn along with the trip. • The senior program takes place on Monday mornings and is at capacity with 50 seniors registered. This
month, the seniors went to Sparez Bowling for recreational fun and had an exciting time. Buccaneer Park • There are seventeen children enrolled in the Shining Stars After-School program.
The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve
their reading, math and science skills. • KDO was on September 28th. 14 children were registered for KDO. The children went to the movies and had popcorn along with the trip. • On Tuesday
thru Thursday from 9:00-10:30am, seniors get fit in Line Dancing. Monday through Thursday from 6:30-7:30am the seniors exercise around the park. • On Monday evening’s adult tennis lessons
are offered to the residents. • There is line dancing offered on Saturdays from 8:30a.m.-12:00noon for adults various ages. • The senior program takes place on Friday mornings and is
at capacity with 90 seniors registered. This month, the seniors went to Sparez Bowling for recreational fun and had an exciting time. • On Tuesdays mornings from 9:00am-12:00pm, the
seniors engage in exercising and arts and crafts. On Wednesdays a group of seniors engage in arts and crafts from 6:00-7:30pm. Bunche Park • There are fourteen children enrolled in the
Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In
addition, certified teachers improve their reading, math and science skills. 29 Page 210 of 222
• KDO was on September 28th. 10 children were registered for KDO. The children went to the movies and had popcorn along with the trip. • Optimist games and practice continue. They are
practicing Monday thru Friday 6-8:30pm. This month Bunche Optimist had their homecoming game. • The
senior program takes place on Friday mornings. This month the seniors went to Sparez Bowling for recreational fun and had an exciting time. Clover Leaf Park The senior program takes
place on Wednesday mornings. This month the seniors went to Sparez Bowling for recreational fun and had an exciting time. Line dance class is being held on Monday, Thursday, and Fridays.
Lake Lucerne Park • There are eighteen children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts &
crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Lake Lucerne Dance class continues with
9 participants in the ballet class and 6 in the hip hop class. • KDO was on September 28th. 17 children were registered for the KDO. The children went to the movies and had popcorn along
with the trip. Miami Carol City Park • There are twenty-six children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework
assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • KDO was on September
28th. 24 children were registered for the KDO. The children went to the movies and had popcorn along with the trip. • Optimist games and practice continue. They are practicing Monday
thru Friday 6-8:30pm. Portable field lights were delivered and are being used during practice and game times. • Walkers exercise around the park starting at 7:00a.m. Myrtle Grove Park
• There are six children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor
and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Optimist games and practice continue. They are practicing Monday
thru Friday 6-8:30pm. • KDO was on September 28th. 8 children were registered for the KDO. The children went to the movies and had popcorn along with the trip. Norwood Park 30 Page 211
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• There are thirty-six children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative
indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • KDO was on September 28th. 33 children were registered for
the KDO. The children went to the movies and had popcorn along with the trip. • Optimist games and practice continue. They are practicing Monday thru Friday 6-8:30pm. Rolling Oaks Park
• There are forty-two children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative
indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • The new tennis court installation is almost complete. The
courts will open once final review is complete. • The senior program takes place on Thursday mornings and is at capacity with 85 seniors registered. This month the seniors went to Sparez
Bowling for recreational fun and had an exciting time. • KDO was on September 28th. 32 children were registered for the KDO. The children went to the movies and had popcorn along with
the trip. Scott Park • There are forty children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts &
crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. Scott Park has daily walkers in the morning
and evenings Monday thru Friday. Optimist games and practice continue. They are practicing Monday thru Friday 6-8:30pm. KDO was on September 28th. 35 children were registered for
the KDO. The children went to the movies and had popcorn along with the trip. Vista Verde Park • Vista Verde drop-in After-school program has begun. There are 6 children enrolled in
the program. The program is targeting children ages 5-12 for the 4H program and teens 13-17 to receive community service hours. • The teens are provided workshops once a week pertaining
to life skills, peer pressures, violence, etc. Also, the teens have an opportunity to join Vista’s book club. • KDO was on September 28th. 4 children were registered for the KDO. The
children went to the movies and had popcorn along with the trip. Teens Program Active recruitment for the Teen Leadership Academy continues. We are currently at 22 enrolled participants.
The first Track will be the Health Track. Trips and 31 Page 212 of 222
activities will be centered around health topics including but not limited to health professions, nutrition, safety awareness, and communicable diseases. Plans are in the works for
the Winter Break and the Environment and Science Track. Athletics • Tennis: City of Miami Gardens Parks and Recreation is a part of the Tennis in the Parks Community. This promotes tennis
participation throughout the community in hopes of youth and adults to find an appreciation for tennis. Tennis is currently being offered in our After-school program. • Saturday Tennis:
City of Miami Gardens Parks and Recreation Department runs a Saturday Tennis Program for kids ages 5-12. The program is administered by an experienced and former college tennis player.
Kids learn the fundamentals of strokes, techniques, and rules of tennis. We currently have 18 participants. The program is year round • Adult Tennis: New program that began April 6,
2009 at Buccaneer Park. There are 10 participants enrolled in the program. An extra day has been added because of great demand, so now the sessions are Monday and Thursday evenings from
6:30pm-7:30pm. • Walking Club: The Walking Club currently has 43 members and we are meeting monthly. • Optimist: Football practice and games have continued for the optimist clubs on
seven of our facilities. • Sports Development: Batters Up! Tee-Ball has begun. The program takes place at Scott Park on Saturdays. We have 21 participants registered. Soccer registrations
have begun and we currently have 15 youth registered. • Youth Basketball: The City of Miami Gardens will begin its first ever youth competitive basketball team playing in the Dade Youth
League at Northwest Boys Club. The age groups will be 9 and under, 11 and under, 13 and under, and 15 under. Recreation Staff Trainings 9/15 -9/18: Supervisor and administrative staff
received training on Active Net Meetings 9/15: Virginia Graeme Baker Act 9/16: Agenda Review 9/15 -9/18: Active Net Training 9/22: Risco Park Evaluation with Miami-Dade Public Schools
9/23: Director’s Meeting 9/23: Miami Gardens Community Center Furniture, Fixtures, & Equipment 9/23: Management Team 9/23: Family Fall Festival 9/24: FRPA Southeast Region Board 9/24:
Capital Improvements 9/24: Parks and Recreation Advisory Committee 9/25: Virginia Graeme Baker Act 32 Page 213 of 222
9/28: Miami Gardens Community Center Staffing 9/29: Virginia Graeme Baker Act 9/30: Town Hall Meeting 9/30: Management Team Meeting 9/30: T-Mobile Lease 10/5: Web Steering Committee
10/5: FLYAA Board 10/6: Closed Circuit TV 10/7: Management Team Meeting 10/8: Agenda Review 10/8: Capital Improvements 10/8: Family Fall Festival 10/14: Miami Gardens Community Center
Signage 10/14: West Miami-Dade Partnership Workshop 10/14: Family Fall Festival 10/14: Management Team Meeting Recreation Meetings 9/23: Family Fall Festival Meeting 9/30: Meeting with
Academic Tutoring 10/1: Family Fall Festival Meeting 10/14: Family Fall Festival Meeting A J King Park o 0 Janitorial visits to clean up park site o 0x Premises blown o 0x Landscaping
visits o 1x Herbicide grounds o 1x Grass cut & detailed grounds o 0 Trash removal Andover Park o 21 Janitorial visits to clean up park site o 2x Premises blown pool (tot lot, tennis
courts) o 1x Grass cut & detailed grounds o 3x Landscaping visits o 21 Trash removal Brentwood P & P o 16 16 (park) &21 (pool) Janitorial visits to clean up park site o 0x Premises blown
pool (tot lot, tennis courts) o 0x(pool), 0x(park) Landscaping visits o 0x (park) & 2x (pool) Grass cut & detailed grounds o 16 & 21 Trash removal Buccaneer Park o 21 Janitorial visits
to clean up park site o 0x Landscaping visits 33 Page 214 of 222
o 0x Herbicide grounds o 0x Grass cut & detailed grounds o 21 Trash removal Bunche P&P o 0 & 0 Janitorial visits to clean up park site o 0x (park) Premises blown o 4x (park) & 0x (pool)
Landscaping visits o 1x (park) & 2x (pool) Herbicide grounds o 7x (park) & 2x (pool) Grass cut & detailed grounds o 0 & 0 Trash removal Bunche – 15620 W. Bunche Park Drive o 0xJanitorial
visits to clean site o 0x Landscaping visits o 0x Trash removal MGCC Acreage o 5 Janitorial visit to clean up site o 0x Landscaping visits o 0x Grass cut & detailed grounds o 0x Herbicide
grounds o 5 Trash removal City Hall (Suite 300) o 0x Janitorial visits Cloverleaf Park o 21 Janitorial visits to clean up park site o 1x Blow out the walkway and tot-lot area o 1x Landscaping
visit o 1x Grass cut & detailed grounds o 21 Trash removal Inspection Station o 1 Janitorial visits to clean up site o 1x Grass cut & detailed grounds o 0x Herbicide grounds o 0x Landscaping
visits o 1 Trash removal Jordan’s Landing o 0x Grass cut o 0x Herbicide grounds Lake Lucerne Park o 19 Janitorial visits to clean up park site o 1x Blow out the walkway and tot-lot area
34 Page 215 of 222
o 0x Landscaping visit o 0x Grass cut & detailed grounds o 0x Herbicide grounds o 0x Grass cut & watered grounds o 19 Trash removal MGPD o 0 Janitorial visits to clean up site o 0 Trash
removal Miami Carol City Park o 21 Janitorial visits to clean up park site o 0x Premises blown o 1x Landscaping visits o 1x Herbicide grounds o 5x Grass cut & detailed grounds o 21 Trash
removal PLANNING & ZONING (Jay Marder, Director) LAND DEVELOPMENT REGULATIONS -Cyril Saiphoo, Nixon Lebrun, Jay Marder, Bhairvi Pandya • Complied comments from Land Development Regulation
Technical Advisory Group Meeting from September 24th meeting and presented to Council and DRC workshops. • Prepared and presented to City Council at Workshop on Oct. 7th; discussion
on issues and policy directed regulations. Provided update on status of LDRs. • Held two (2) DRC meetings to discuss and resolve technical and policy issues for implementing sidewalks,
landscaping, vested rights, non-conforming uses, code enforcement issues etc. in LDRs. • Working with TMPG for completion of PCD District, Permitted Uses and Definitions sections for
first draft. • Staff has completed several sections of LDR as first draft for transmittal to City Attorney; Administration; General Procedures; Alcoholic Beverages; Zoning Procedures.
PLANNING – Jay Marder and Bhairvi Pandya • Water Supply Facilities Amendment to Comprehensive Development Master Plan – Adoption hearing on October 7, 2009 zoning meeting. Adopted plan
and amendments transmitted to DCA. Awaiting confirmation of receipt and Notice of Intent date from DCA. • Capital Improvements Element Update – Commenced work on the required annual
capital improvements list update. • US Census -Public Relations Campaign – Wrote City newsletter article; Assisted Media and Events with Census information. 35 Page 216 of 222
ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Public Hearings o Prepared Second Reading PH recommendation for JPM, Inc. for rezoning and special
exception to allow residential uses for September zoning meeting. o Met with JPM to resolve conditions and stipulations; coordinated declaration with City Attorney o Prepare recommendation
for Marcia Reid for setback variances for single family residence. • Moratoriums -Coordinate extension of moratoriums for Places of Public Assembly and Multi-Family Housing with City
Attorney for December meeting. • Plats -one (1) JPM Tentative Plat Approved • Building Permits o Conducted 50 building plan reviews o Conducted 20 site inspections • Sign Code Permits
o Implemented Centralized Permitting of Sign Plans with intake at Building and Code Compliance Department; Revising internal procedures to speed processing o 3 sign plan permits processing
o 0 window sign permits processed o 3 Temporary sign permits processed o Onsite inspections and meetings with two (2) churches following up on meeting with City Manager to discuss sign
issues and compliance with new City Sign Code. • Zoning Verification Letters o Processed five (5) Zoning Verifications • Address Assignments o One (1) new Address Assignments • Group
Homes o Processed seven (7) Group Homes (Community Residential Home) 1,000’ radius verification letters o Completed memorandum/report on Group Homes for Vice Mayor Gilbert. o Discussed
excessive police calls at group homes with Agency for Persons with Disabilities (APD). Contacting other licensing agencies regarding this matter: Department of Children and Families
(DCF), Agency for Health Care Administration (AHCA) o Compiled police call and code enforcement data on group homes. • Certificate of Uses o Reviewed eighty (80) Certificate of Use/Occupational
License Applications • Administrative Site Plan Reviews o Reviewing ASPR submittal for Taurus USA building expansion o Coordinate review of AutoZone ASPR submittal for cross access easement
with City Attorney. • Code Enforcement o Meetings with Code to coordinate Certificate of Re-Occupancy issues and procedures for October program launch. o Meetings with Code and Police
to coordinate landlord-chronic nuisance and nuisance abatement. 36 Page 217 of 222
• Re-occupancy -Provided 4 follow up inspections. • Monthly Development Status – Compiled monthly development status report; transmitted with Council’s Zoning Meeting Agenda for information.
• Planning and Zoning Web Site – Completed drafting the department’s revised web site to make it simpler for users and emphasize the Development Review Process. Transmitted to IT. •
St. Monica’s Elderly Housing Project – Met with project architect and resolve TCO issues. • The Breeze – Met with applicants, researched prior Miami-Dade approvals, wrote stipulations
for Certificate of Use. • Property at SW Corner of NW 27th Avenue and NW 215th Street – Met with property owner and Mayor to discuss potential development EDEN – Marilu Nava, Bhairvi
Pandya • Parcel Refresh – This is the process of updating the City’s property database with data from the Miami-Dade County Property Appraiser. A half day CASS address verification software
training scheduled with Tyler Technologies on November 2, 2009. This training will help verify all multiple addresses entered in the EDEN system and collate them under one verified address
(100% result is not guaranteed). This will be a stepping stone towards completing the Parcel Refresh process. • Resolved issue with EDEN Support regarding Routing Queues • Working on
redoing routing queues for all sign permits • Finalized travel arrangement for EDEN Conference • Version 5.1.1 – Continued to work around bugs. • Eden Users Group – Attended monthly
meeting. GIS – Bhairvi Pandya • Group Home maps -Completed four (4) group home maps (also Nixon Lebrun) with a 1,000 ft. radius. • Parcel Database for GIS maps-Ongoing-Commenced re-linking
permit data in the GIS database to Zoning District Map; compile FEMA flood zones; compile Future land use and TCMA. • Public Hearing maps-Completed 1 zoning map, 1 aerial map, 1 mailed
notice radius map for Marcia Reid public hearing. • Special Maps – Developed four draft maps for group home study conducted by Planning and Zoning Department. As part of study analysis,
edited each of 89 existing and 17 approved group home into the GIS database and confirmed against data from State and Miami Gardens list. • Neighborhood Stabilization Program-Developed
a realtor property map for the division for a special presentation to the City Council. This will be an ongoing task and the map will get updated as properties are added to the list.
• Public Works-Met with Public Works department staff and consultant Chen & Associates to provide training support in assessing right-of-way data and mobile GIS data collection, management
and implementation of application – ongoing. 37 Page 218 of 222
• South Florida GIS-Expo Conference-Attended annual GIS conference which provides continuing education credits to maintain GISP certification for GIS professionals. • GIS Website – As
part of the department’s web site revisions, drafted revisions to the GIS portion of the web site to make it simpler and more direct for users to access maps and download free data.
HISTORIC PRESERVATION – Prepared Historic Preservation Agenda Memorandum for October 26 Council Meeting; Outlined steps to establish a historic preservation program for FY 2010 and FY
2011. Coordinate with Community Outreach and ACM’s. TRANSPORTATION – Jay Marder, Bhairvi Pandya • MPO Transportation Enhancement Funds – The MPO will be soliciting nonmotorized grant
applications of up to $1M beginning in November with due date in January 2010. This involves bike paths, sidewalks and similar facilities. Working with staff to coordinate a City application.
Solicited ideas from City Manager, Public Works, Recreation and Parks and Capital Projects. • MPO MPO Long Range Transportation Plan (LRTP) – Participated in meeting with FDOT, who presented
the LRTP to the City Manager and the Public Works Director. • Transportation Planning Council -Miami-Dade MPO’s technical committee -Attended monthly meeting. OTHER DEPARTMENTAL ACTIVITIES
• Planning and Zoning Department Goals, Objectives and Measurements – Developing a departmental plan that includes goals, objectives and standard measurements/scheduling for tasks ranging
from answering emails to processing public hearings. • Web Steering Committee-Attended monthly Web Steering Committee meeting for City’s new website initiative by IT. • Miami-Dade Planners
Technical Committee-Attended monthly meeting. • Performance Evaluations – Completed and administered two (2). • Energy Efficiency and Conservation Strategy – Evaluated twelve (12) proposals
from consultants with Purchasing and Community Development • Employee of the Month – Participated in Selection Committee • Professional Meeting – Attended lunch meeting in Davie that
includes AICP Continuing Education Credit FLEET SERVICES (Orlando Wray) o The Fleet Department in conjunction with the Parks and Recreation Department held a Teen Driver Clinic on October
8, 2009 that was well received and extremely informative to future drivers o Fleet Manager worked with IT and PD to find a lower cost alternative to the lap top mounts to accommodate
the new Dell Computers 38 Page 219 of 222
o The Fleet Department worked with Purchasing and PD to finalize vehicle specifications, minor adjustments are only needed prior to purchasing putting out a bid o Identified a new lap
top mount that is easier to reach, allow for two people to sit comfortably up front and reduced exposure to air bag deployment zone. o The Fleet Department after review with Risk Management
will be streamlining the process to sublet collision repairs, the goal is to reduce supplements and minimize down time. o The Fleet Department modified the Preventive Maintenance Schedule
to ensure that transmission fluid and fuel filters were being changed at the Manufacturers suggested intervals. o Arrangements were made to have both backhoes serviced for extensive
repairs o New insurance cards were distributed for all fleet vehicles o The Fleet Department worked with Purchasing to update the list of vehicles and departments for new Fuel Cards.
o Fleet is utilizing our preventive maintenance provider to perform light repairs on Parks and Recreation utility vehicles. o All invoices for the end of the fiscal year were closed
out. New requisitions are being processed o The Fleet department will be working with Public relations to host a teen driver event on a larger scale. o Approximately 100 vehicles were
sublet for preventative maintenance and general repairs. o 15 surplus vehicles were sold and picked up, a Bill of Sale was retained to document the transaction. o Fleet Department Manager
attended a FLAGFA seminar to receive information on o Alternative fuels o Diesel engine technology o Fleet Management o The department has selected a Fleet Software vendor; Purchasing
is taking the necessary steps in finalizing the purchase. A meeting is scheduled to finalize the purchase. • Regular visits to mechanical and body shop vendors for visual vehicle repair
status and updates and drop off and pick up vehicles at various locations. • Maintain spare tire inventory for Police vehicles. o Fleet Admin. Processed and delivered new city vehicles
to Parks & Recreation department. • Ongoing update of new vehicle files to include registrations, bill of sale, and proof of extended warranty. • Fleet Admin. Scheduled car wash detail
appointments and window tinting services for various departments. 39 Page 220 of 222
• Fleet Staff attended bi-weekly meeting with Assistant City Manager regarding Fleet issues and concerns. • Fleet Admin. attended bi-weekly Holiday Committee meetings for upcoming CMG
Christmas party. • Fleet Admin. attended monthly Web Steering Committee meeting for new City website design. • Fleet Admin. participated in the First Aid/CPR/AED Certification training
on October 6, 2009 and successfully passed. • Fleet Staff attended the new Comdata fuel system training on October 9, 2009. • Fleet Service Representative met regularly with Insurance
Adjuster; providing access to crashed vehicles parked at the Police Department. • Fleet Service Representative met regularly with Police Department vehicles liaison, Sgt. Brown to discuss
and address repair issues and concerns. • Performed daily and weekly inspections for all city departments’ vehicles and equipment. • Replaced spot light bulbs and missing hubcaps on
Patrol cars. • Responded to multiple service calls for Police, Public Works, Parks Maintenance, Building and Code Enforcement departments, addressing their concerns. • Obtained estimates
of crashed vehicles and forwarded to Risk Management for review. • Monthly start up and check City Hall and Parks standby generators to ensure hurricane season preparedness. • Multiple
vehicles from all city departments were sent out to Maroone Dodge and Maroone Ford of Miami for various warranty repairs. • Regular visits to mechanical and body shop vendors for visual
vehicle repair status and updates and drop off and pick up vehicles at various locations. • Maintain spare tire inventory for Police vehicles. • Mileage reconciliation completed on fleet
inventory in order to assist in vehicle scheduling to appropriate service facility. • Fleet Admin. Received invoices received from vendors regarding parts, service, and maintenance on
vehicles and equipment. • Fleet Admin. Prepared requisitions necessary to purchase parts, accessories, maintenance and services. • Collected and reviewed vehicle checklists from all
departments. BUILDING DIVISION (Sharon Rangoonan) REVENUES: Building Permits $ 160,941.24 Certificate of Occupancies (CO) 4,589.17 General Fund 0.00 40 Page 221 of 222
41 TOTAL $165,529.41 EXPENDITURES $ 200,379.08 PERMIT APPLICATIONS SUBMITTED Building 249 Certificate of Occupancies 31 Demolition 3 Electrical 88 MDC Permit Closures 5 Mechanical 24
Plumbing 40 TOTAL 440 INSPECTIONS Building 558 Electrical 190 Mechanical 68 Plumbing 124 TOTAL 940 UNSAFE STRUCTURES NEW CASES ISSUED: 2 UNSAFE STRUCTURE BOARD HEARING 9 MONTHLY REPORT
TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Residential Permits 0 Total – Construction Value $ 0.00 M AJOR PROJECTS: 1. The Building
Department is continuing to work alongside with the Information Technology (IT) Department to further research Electronic Plan Review for possible cost effective implementation. Page
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