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Home My WebLink AboutMay 12, 2010 City Council Agenda CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: May 12, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: May 26, 2010 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Barbara Watson Councilman André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III 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 – April 14, 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) May 12, 2010 Page 1 Page 1 of 203 Regular City Council Agenda May 12, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Chief Boyd, Police Department Monthly Report F-2) Proclamation – Public Works Week May 16-22, 2010 F-3) Proclamation – National Missing Children Day F-4) Mayor Gibson – Miami Gardens KEEP Screening F-5) Team United Presentation F-6) Universal Public Purchasing Certification Council Presentation (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS FOR THE REMOVAL OF SOLID WASTE RECEPTACLES FROM RIGHTS-OF-WAY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN BARBARA WATSON) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF CERTIFICATES OF USE AND BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S); 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) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, PROVIDING FOR AN AMENDMENT TO SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO DELETE THE REFERENCE TO “N.W. 20TH AVENUE” FROM THE EASTERN BOUNDARY DESCRIPTION FOR RESIDENTIAL AREA ONE; SUBMITTING THE QUESTION Page 2 of 203 Regular City Council Agenda May 12, 2010 Page 3 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 AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN AARON CAMPBELL JR.) (1st Reading – April 28, 2010) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1ST Reading – April 28, 2010) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE PARKS AND RECREATION DEPARTMENT OPERATING FUNDS AS A DOLLAR-FORDOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT FUNDS IN THE AMOUNT OF ONE HUNDRED TWENTY-SEVEN THOUSAND, ONE HUNDRED EIGHTY-TWO DOLLARS ($127,182.00) TO REPLACE PLAYGROUND EQUIPMENT AT A. J. KING PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND QUALITY NEIGHBORHOOD IMPROVEMENT PROGRAM FUNDS AS A DOLLAR-FOR-DOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS GRANT AWARD IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO Page 3 of 203 Regular City Council Agenda May 12, 2010 Page 4 DEVELOP THE AMPHITHEATER AT THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) 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 HORIZON CONTRACTORS, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FOUR HUNDRED SIXTY-TWO THOUSAND, ONE HUNDRED AND NINETY-SIX DOLLARS AND 20/100 CENTS ($462,196.20) FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) 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 EASEMENT AGREEMENT GRANTING MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ACCESS TO WATER AND SEWER FACILITIES LOCATED AT THE MIAMI GARDENS COMMUNITY CENTER; PROVING FOR INSTRUCTIONS TO THE CITY CLERK; 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, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 2.2 AND 3.3(1) OF THE CHARTER OF THE CITY OF MIAMI GARDENS, REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 5.2(D) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE Page 4 of 203 Regular City Council Agenda May 12, 2010 Page 5 SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 6.2(B) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S RE-APPOINTMENT OF PATRICIA WRIGHT TO THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN ANDRE WILLIAMS’ RE-APPOINTMENT OF ROSETTA NELSON TO THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) Page 5 of 203 Regular City Council Agenda May 12, 2010 Page 6 J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE 2010-13 LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) RESOLUTIONS K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING THE MIAMI GARDENS COMMUNITY CENTER TO THE “MIAMI GARDENS RECREATIONAL COMPLEX”; AND NAMING THE RECREATIONAL BUILDING THE “BETTY T. FERGUSON COMMUNITY CENTER;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2010-80-1262 WHICH AUTHORIZED THE CITY MANAGER TO UNDERTAKE A FORMAL PROCESS FOR THE SOLICITATION OF PROPOSALS RELATING TO THE CITY OF MIAMI GARDENS TOWN CENTER DEVELOPMENT, TO BROADEN THE TYPES OF PROPOSALS THAT MAY BE ACCEPTED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) (L) RESOLUTION(S)/PUBLIC HEARING(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S NEIGHBORHOOD STABILIZATION PROGRAM (“NSP”) TO DEOBLIGATE THE SUM OF ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS AND 70/100 CENTS ($1,716,529.70) THAT WAS PREVIOUSLY AWARDED TO DIAMOND POINT AT MIAMI GARDENS, LLC; TRANSFERRING THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) TO BE DIVIDED IN EQUAL PARTS OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FROM ACTIVITY #5 SUBSIDY ASSISTANCE FOR BUYERS OF Page 6 of 203 Regular City Council Agenda May 12, 2010 Page 7 PURCHASED PROPERTIES, TO ACTIVITY #3 PURCHASE OF FORECLOSED PROPERTIES FOR RESALE AND FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO ACTIVITY #4 REHABILITATION OF UNITS FOR RESALE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S CDBGR SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM SUBSTANTIAL AMENDMENT TO THE 2008-09 ANNUAL ACTION PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (N) REPORTS OF MAYOR AND COUNCIL MEMBERS (O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (P) 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./2750, 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. 2750. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardensfl.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 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 Councilwoman Barbara Watson Department: Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS FOR THE REMOVAL OF SOLID WASTE RECEPTACLES FROM RIGHTS-OFWAY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On March 5, 2005, the City Council of the City of Miami Gardens, adopted Ordinance No. 2005-13-51 to establish standards of maintenance of properties and to improve and enhance the aesthetic environment throughout the City. Since the adoption of the Property Maintenance Ordinance, the City has encountered many cases in which property owners have left solid waste receptacles along the public right-of-ways for extended periods prior to and after trash pick-up. As such, Councilwoman Watson is recommending that the City Council amend the Property Maintenance Ordinance to impose regulations for the removal of solid waste receptacles from the rights-of-ways. Currently, Miami-Dade’s code provides that solid waste containers be to be placed on the curb by 7:00 a.m. and removed on the same day. There is no deadline in the County’s Ordinance for how long before 7:00 a.m., the trash receptacles can be placed at the curb. The proposed Ordinance will required that containers only be placed on the curb for twelve hours before and that they be removed by 11:59 p.m. the day of the pick-up. ITEM H-1) ORDINANCE FIRST READING Amending the Property Maintenance Ordinance Page 8 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilwoman Watson recommends that the City Council approve an amendment to Sections 4 and 15 of the Property Maintenance Ordinance. Attachment: Miami‐Dade County’s current Ordinance. Page 9 of 203 ______________________________ Language deleted is stricken through and language added is underlined 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 ORDINANCE NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS FOR THE REMOVAL OF SOLID WASTE RECEPTACLES FROM RIGHTS-OF-WAY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 9, 2005, the City Council of the City of Miami Gardens adopted Ordinance No. 2005-13-51 to establish standards for the maintenance of properties and to improve and enhance the aesthetic environment throughout the City, and WHEREAS, enforcing proper maintenance standards serves a public purpose in creating safe, sanitary and litter-free neighborhoods within the City of Miami Gardens, and WHEREAS, the City has encountered problems whereby property owners are leaving solid waste receptacles along public rights-of-way for extended periods of time, and WHEREAS, the placement and abandonment of waste receptacles for extended periods of time creates blight, litter and animal scavenger problems which poses a threat to the environment and public health, and Page 10 of 203 ______________________________ Language deleted is stricken through and language added is underlined 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, the City would like to amend the “Property Maintenance Ordinance” to include requirements for the removal of solid waste receptacles from rights-of-way, 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. REPEAL: Section 15-5 of the Miami-Dade County Code of Ordinances, as made applicable to the City of Miami Gardens is hereby repealed. Section 3. AMENDMENT: Section 4 of Ordinance No. 2005-13-51 as amended, is hereby amended to include the following definition: V. Solid waste. Garbage, trash, yard trash (except for compost piles), litter, cuttings from vegetation, refuse, paper, bottles, rags, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including material or containers from domestic, commercial or agricultural operations, as defined in the City Code of Ordinances. W. Solid waste 19 receptacle. A container constructed of such material 20 and in such manner as to hold solid waste and trash and other such items 21 without breaking or collapsing. “Receptacles” shall have handles and covers so 22 that the contents therein are not exposed to weather, animals and vermin. A 23 disposable plastic bag shall constitute a receptacle if it is of sufficient strength 24 and durability to hold its contents of solid waste, garbage, rubbish and trash, 25 without breaking when collected. 26 W X Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings, walls, fences, signs, light stands, towers, tanks, etc. 27 28 29 30 31 Page 11 of 203 ______________________________ Language deleted is stricken through and language added is underlined 3 1 XY Unimproved lot. Any vacant lot or any lot without structure. 2 YZ Vacant Land. Any parcel of land, whether divided or undivided, upon which there are no structures. 3 4 5 6 7 Section 4. AMENDMENT: Section 15 of Ordinance No. 2005-13-51 is amended as follows: 8 SECTION 15. PREMISES ENTRANCE AND EGRESS; EXTERIOR PEDESTRIAN 9 WALKWAYS, PARKING LOTS, GREEN AREAS AND PUBLIC RIHGTS10 OF-WAY. 11 16 20 12 (1) Premises entrances and egresses, including lighting, signage, and 13 landscaping, shall be maintained so as not to cause visibility hazards to motorists 14 or pedestrians. Entrances and egresses shall be maintained in accordance with 15 the approved site plan. 17 (2) Exterior pedestrian walkways, parking lots, green areas and public rights-of18 way shall remain free of obstructions, including but not limited to tables and chairs, 19 merchandise displays, and store merchandise. 21 (3) No owner or occupant occupant of any residential unit shall permit any solid waste 22 receptacle used by such owner or occupant to remain in any public right-of-way for 23 a period of twelve (12) hours before the date of a scheduled solid waste pick-up. 24 Solid waste receptacles shall be removed no later than 11:59 p.m. the day of the 25 scheduled pick-up. 26 27 28 29 30 31 32 33 Section 5. CONFLICT: All ordinances or code provisions in conflict herewith are hereby repealed. Section 6. 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. Page 12 of 203 ______________________________ Language deleted is stricken through and language added is underlined 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 26 27 28 Section 7. 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 8. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 12TH DAY OF MAY, 2010. PASSED ON SECOND READING ON THE ____ DAY OF ____, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ___ DAY OF _____, 2010. _____________________ ___________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY Page 13 of 203 ______________________________ Language deleted is stricken through and language added is underlined 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SPONSORED BY: COUNCILWOMAN BARBARA WATSON Moved by: __________________ Second by: _________________ VOTE: _________ 15 Mayor Shirley Gibson ____ (Yes) ____(No) 16 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 17 Councilman Melvin L. Bratton ____(Yes) ____(No) 18 Councilman Oliver Gilbert III ____ (Yes) ____(No) 19 Councilman Andre’ Williams ____(Yes) ____(No) 20 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 21 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 14 of 203 Miami Dade County-Current Provision Sec. 15-5. -Duty to dispose of solid waste and prevent accumulations. (a) Prohibited acts. It shall be unlawful for the owner, manager, occupant, lessee, or other person responsible for any lot, parcel or tract of land in any unincorporated area of the County, to deposit, store, keep, or maintain, or let, allow, cause, permit or suffer to be deposited, stored, kept or maintained, solid waste which is not containerized, upon such property, or adjoining right-of-way, easements or alleys except as specifically authorized in this chapter. All solid waste containers shall be placed at curbside or other designated collection area only on scheduled collection days no later than 7:00 a.m. and shall be removed on the day of collection. Yard trash or vegetative food waste which is being maintained for the purpose of composting may be kept uncontainerized on any lot, parcel or tract of land in the unincorporated area of the county, provided that the yard trash or vegetative food waste is not located on any right-of-way, alley or front yard area. Page 15 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: 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 #: N/A X Sponsor Name Dr. Danny O. Crew, City Manager Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF CERTIFICATES OF USE AND BUSINESS TAX RECEIPTS FOR THE OPERATION OF “PAIN CLINICS” AND “PAIN MANAGEMENT CLINICS”; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S); 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: The attached ordinance proposes a temporary moratorium on the processing of certificates of use and business tax receipts for pain clinics within the City. By way of history, Councilman Oliver Gilbert contacted the City Attorney to determine whether the City prohibits pain management clinics. Councilman Gilbert was advised that the City does not currently prohibit pain management clinics. As such, Councilman Gilbert requested the City Attorney to draft an ordinance, to prohibit such uses, for consideration by the City Council. The Miami Gardens Police Department has recently become aware of increased criminal activity, including illegal prescription drug sales, noise, loitering and littering around pain clinics located within the City. As a result, the City Attorney suggested that the City Manager issue an administrative moratorium to allow Staff an opportunity to study the matter and draft the legislation proposed by Councilman Gilbert. On April 13, 2010, the City Manager issued an ITEM H-2) ORDINANCE/FIRST READING Moratorium on issuance of C.C.U. and B.T.R. for the operations of a pain clinic Page 16 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 administrative moratorium on the processing of any and all zoning approvals, including certificates of use and business tax receipts, relating to pain management clinics within the City of Miami Gardens. During the period of the administrative moratorium, Staff has begun conducting research and studying various regulatory options. It is anticipated that a final version of the attached Ordinance regulating pain management clinics will be placed on the agenda for the May 26, 2010 meeting of the City Council. Proposed Action: Staff recommends that the City Council adopt a moratorium on the processing of any and all zoning approvals, including certificates of use and business tax receipts, relating to pain management clinics within the City of Miami Gardens, until the ordinance requested by Councilman Gilbert can be finalized. Attachment: None Page 17 of 203 1 ORDINANCE NO. 2010 ____ 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF CERTIFICATES OF USE AND BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law, and WHEREAS, the City and surrounding neighboring municipalities have have experienced an influx of “pain clinics” and “pain management clinics”, and WHEREAS, a pattern of illegal drug use and distribution has been associated with pain management clinics, which dispense on-site narcotic drugs, and WHEREAS, Staff is requesting time to research and study the nature and scope of possible measures for regulating “pain clinics” and “pain management clinics” and businesses involved in the dispensing of narcotic prescription drugs, 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 18 of 203 Section 2. ESTABLISHMENT OF MORATORIUM: A moratorium on the submission, processing and issuance of Certificates of Use and Business Tax Receipts for the operation of pain clinics and pain management clinics, as defined herein is hereby established for a period of sixty (60) days from the effective date of this ordinance. The moratorium is subject to the provisions of Section 3 herein. Except as otherwise provided herein, no department of the City shall issue any permits, development orders, or undertake the review and approval of any site plans, building permits, or development plans with respect to such uses within the City during the term of the moratorium established hereby. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 3. EXEMPTION: This moratorium shall not affect any business currently operating within the City pursuant to a validly issued Business Tax Receipt until the renewal date of such business tax receipt. Section 4: STUDY: The City Manager and City Attorney, as well as such other departments of the City, as the City Manager shall deem appropriate shall continue to study pain management clinics and shall report back to the Mayor and City Council the results of any studies. Section 5. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 6. 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. Page 19 of 203 Section 7. 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. 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 34 Section 8. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 12TH DAY OF MAY, 2010. PASSED ON SECOND READING ON THE ____ DAY OF ____, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ___ DAY OF ____, 2010. ___________________________ _____ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY O. CREW, CITY MANAGER Moved by: __________________ Second by: _________________ Page 20 of 203 1 2 3 4 VOTE: _________ 5 Mayor Shirley Gibson ____ (Yes) ____(No) 6 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 7 Councilman Melvin L. Bratton ____(Yes) ____(No) 8 Councilman Oliver Gilbert III ____ (Yes) ____(No) 9 Councilman Andre’ Williams ____(Yes) ____(No) 10 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 11 Councilwoman Barbara Watson ____ (Yes) ____(No) 12 13 14 15 16 Page 21 of 203 ______________________________ Language deleted is stricken through and language added is underlined 1 ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 9-10 USE REGULATIONS; AMENDING SECTION 9-20 USES PERMITTED WITH EXTRA REQUIREMENTS; AMENDING SECTION 10-30 ACCESSORY USES AND STRUCTURES, ADDITIONAL STANDARDS; AMENDING SECTION 12-80 NUMBER OF REQUIRED OFF-STREET PARKING SPACE REQUIREMENTS FOR ALL DISTRICTS AND USES; 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 April 7, 2010, the City Council of the City of Miami Gardens adopted its own Land Development Regulations to ensure that future development and redevelopment within the City of Miami Gardens is architecturally and aesthetically pleasing and in line with the policies adopted by the City’s Comprehensive Development Master Plan (CDMP), as well as to promote public health, safety and welfare, and WHEREAS, the City Council directed Staff to study the nature and scope of regulating “pain clinics” and “pain management clinics” and businesses involved in the dispensing of narcotic drugs, and WHEREAS, the Miami Gardens Police Department has observed suspected drug sales, and other criminal activity on or around the properties on which various pain clinics are located, and WHEREAS, according to a recent TIME Magazine article, prescription drug use in Florida rose from 2,780 in 2006 to 3,317 in 2007, and then to 3,750 in Page 22 of 203 ______________________________ Language deleted is stricken through and language added is underlined 2 2008, the last figure is equivalent to about 10 reported deaths a day, more than the number of fatalities from street drugs like cocaine and heroin, and WHEREAS, the illegal sale, use and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the City of Miami Gardens, and WHEREAS, increased criminal activity and other secondary effects including parking, noise, loitering and littering associated with the narcotic-related activities at pain management clinics, is significant and threatens to undermine the economic health of the City’s development and redevelopment efforts, and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispensed, the City’s residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services, and WHEREAS, this Ordinance is not intended to interfere with the legitimate medical use of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at medical offices, to the extent permitted by law, 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 23 of 203 ______________________________ Language deleted is stricken through and language added is underlined 3 Section 2. DEFINITIONS: The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A. Pharmacy. Any establishment offering on-site dispensing of prescription drugs. B. Pain Clinic and Pain Management Clinic. 1. Any clinic, medical office or medical practitioner’s office that is not affiliated with a hospital, hospice or other facility for treatment of terminally ill; and 2. The primary business purpose of such clinic, medical office or medical practitioner’s office it to prescribe or dispense pain medication, identified in Schedules II, III, IV in Sections 893.03, 893.035 or 893.0355, Florida Statutes, to individuals, or 3. The clinic, medical office or medical practitioner’s office advertises as being in business to prescribe pain medication, as defined above in subparagraph 2, and which may or may not provide dispensing of pain medication on site. Section 3. AMENDMENT. Section 9-10 of the Land Development Code is hereby amended as follows: Table 1: Permitted Uses. Zoning Districts/Uses R-1 R-2 R-15 R 25 R-50 NC PCD OF I-1 I-2 PD AU GP OFFICE TYPE USES Call Center P P P P P Office-business, sales, professional, semi-professional services P P P P P P Office-medical office/medical clinic P P P P P P Pain management P P P Page 24 of 203 ______________________________ Language deleted is stricken through and language added is underlined 4 clinics Section 4. AMENDMENT: Section 9-20 of the Land Development Code is hereby amended as follows: (EE) Office -medical office/medical clinic. Shall be subject to the following supplemental regulations: (1) On-site dispensing of controlled substances identified in Schedule II, III, or IV in Sections 893.03, 893.035, or 893.0355, Florida Statutes, as may be amended from time to time, is prohibited, unless otherwise expressly permitted as follows: (a) A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. (b) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care at a hospital, nursing facility, institution or asylum, ambulatory surgical center, or hospice which is licensed in this state. state. (c) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care at an intermediate care facility for the developmentally disabled which is licensed in this state. (d) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (e) A health care practitioner when dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient. (GG) Pain management clinics. It shall be expressly prohibited the activity of onsite dispensing or controlled substances that are indentified in Schedules II, III, or IV in Sections 893.03, 893.035 or 893.0355, Florida Statue, unless otherwise expressly permitted by law. On-site dispensing shall mean in within the clinic, or within the building of which the clinic is located. Pain management clinics shall not be located within the same building where a pharmacy is located. Page 25 of 203 ______________________________ Language deleted is stricken through and language added is underlined 5 (HH) Pharmacy, drug store. Shall not be permitted to be located within the same establishment or building as any medical office or clinic, or as any medical or dental laboratory, or any pain management clinic which is staffed by health care practitioners licensed to prescribe controlled substances identified in Schedule II, III, or IV in Sections 893.03, 893.035, or 893.0355, Florida Statutes, as may be amended from time to time. A pharmacy shall not be located within the same building where a pain management clinic is located. These supplemental regulations are not to be interpreted to limit the lawful operation of a hospital or institution or asylum separately defined and permitted in zoning districts according to separate regulations. SECTION 5. AMENDMENT: Section 10-30(DD) of the Land Development Code is hereby amended as follows: (A) Mobile medical, professional unit. Mobile medical facilities or other self contained facilities that travel to several locations, are at the location for a period greater than twenty-four (24) hours, and provide medical or other professional services shall be required: (1) Special permit. Receive a special permit that is renewed annually. (2) Site plan. Provide a site plan for all locations indicating where the unit shall be placed on the site; and, (3) Visitation. Specify length of time and frequency of visits to the various locations. The unit shall be on each site no longer than thirty (30) days from the date permit is issued. Units shall visit the site no more than six (6) times a year. (4) Mobile pain management clinics, as herein defined, shall be prohibited. SECTION 6. AMENDMENT: Section 12-80(E) of the Land Development Code is hereby amended as follows: Page 26 of 203 ______________________________ Language deleted is stricken through and language added is underlined 6 Table 1-Off-Street Parking Requirements USE MININMUM NUMBER OF OFF-STREET PARKING SPACES COMMERICAL TYPE USES Call center 1 per 300 square feet of GFA Office-business, sales, professional, semi-professional services 1 per 300 square feet of GFA Office-medical office/medical clinic 1 per 250 square feet of GFA Pain management clinic Parking analysis or 1 per 250 GFA, whichever is greater Section 7. AMENDMENT: Appendix “A” Master Use List and Use Definitions of the Land Development Code are hereby amended as follows: USE RELATED USES DEFINITION Office medical office/medical clinic Chiropodists. Chiropractors. Christian Science practitioners. Cosmetic procedures and surgery Dentists. Dieticians. Medical clinics by appointment with and without laboratory and other incidental medical services. Midwives. Naturopaths. Nurses, registered and practical. Nutritionists. Occupational therapists. Optometrists. Osteopathic. Outpatient clinics. Rehabilitation centers. Physicians and surgeons. An establishment where patients are examined, treated or both on an individual basis by physicians, chiropractors, dentists, osteopaths, optometrists, acupuncturists, and other health practitioners who are duly licensed to practice their respective professions in the State of Florida. Does not include personal service establishments or places for treatment of animals, nor does it entail overnight patient stays. The offices of psychologists, social workers and mental health counselors are not medical offices. (See business and Page 27 of 203 ______________________________ Language deleted is stricken through and language added is underlined 7 Physiotherapists. Podiatrists. Psychiatrists. Psychoanalysts. Psychologists. Psychotherapists. Urgent care centers Visiting nurse association. Walk in clinics with and without laboratory and other incidental medical services. professional office). Shall not include pain management clinics, as herein defined. Rehabilitation centers. A type of medical office established to aid persons affected by excessive or illegal use of drugs, narcotics or other hallucinatory substances, not including alcohol, who have developed a dependency on such substances, including but not limited to methadone maintenance facilities, and outpatient rehabilitation facilities. Pain management clinic Pain clinic Any clinic, medical office or medical practitioner’s office that is not affiliated with a hospital, hospice or other facility for treatment of terminally ill; and The primary business purpose of such clinic, medical office or medical practitioner’s office it to prescribe or dispense pain medication, identified in Schedules II, III, IV in Sections 893.03, 893.035 or 893.0355, Florida Statutes, to individuals, or The clinic, medical office or medical practitioner’s office advertises as being in business to prescribe pain medication, identified in Schedules II, III, IV in Sections 893.03, 893.035 Page 28 of 203 ______________________________ Language deleted is stricken through and language added is underlined 8 or 893.0355, Florida Statutes, and which may or may not provide dispensing of pain medication on site. Personal care services Barber shop. Hair saloon Nails saloon Jewelry repair Petting sitting service Tailors. Shoe repair Licensed massage therapy Personal training (fitness) studios Spa/wellness centers. Drycleaning. A business primarily engaged in providing individual services on the premises involving the care of a person or their apparel, jewelry and other items worn on one’s person. Astrologists and other fortune telling activities, medical services, and mortuaries and related businesses shall not be considered personal service establishments. Shall not include pain management clinics, as herein defined. Section 8. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 9. 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 10. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall Page 29 of 203 ______________________________ Language deleted is stricken through and language added is underlined 9 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 11. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 26TH DAY OF MAY, 2010. PASSED ON SECOND READING ON THE 9TH DAY OF JUNE, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 9TH DAY OF JUNE, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILMAN OLIVER GILBERT III Moved by: __________________ Page 30 of 203 ______________________________ Language deleted is stricken through and language added is underlined 10 Second by: _________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____(No) Vice Mayor Aaron Campbell ____ (Yes) ____(No) Councilman Melvin L. Bratton ____(Yes) ____(No) Councilman Oliver Gilbert III ____ (Yes) ____(No) Councilman Andre’ Williams ____(Yes) ____(No) Councilwoman Sharon Pritchett ____ (Yes) ____(No) Councilwoman Barbara Watson ____ (Yes) ____(No) Page 31 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 5, 2010 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 N/A Sponsor Name Vice Mayor Aaron Campbell Department: Mayor and Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, PROVIDING FOR AN AMENDMENT TO SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO DELETE THE REFERENCE TO “N.W. 20TH AVENUE” FROM THE EASTERN BOUNDARY DESCRIPTION FOR RESIDENTIAL AREA ONE; 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 FO THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTION IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Section 2.3(C) of the City’s Charter, which describes the boundaries for the City’s residential areas, makes reference to “N.W. 20th Avenue” in the Eastern Boundary description for Residential Area One. The reference to “N.W. 20th Avenue” should be eliminated because the eastern boundary line for Residential Area One actually ends and N.W. 27th Avenue. The reference to “N.W. 20th Avenue” should be removed to eliminate any confusion that constituents may have regarding their respective districts and voting precincts. ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Amendment to the boundary description for Residential Area One Page 32 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: 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. Attachment: Attachment: Map of Area Page 33 of 203 ________________________________ 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 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE No. 2010-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, PROVIDING FOR AN AMENDMENT TO SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO DELETE THE REFERENCE TO “N.W. 20TH AVENUE” FROM THE EASTERN BOUNDARY DESCRIPTION FOR RESIDENTIAL AREA ONE; 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 AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with §166.031, Florida Statutes, a municipality may amend its charter by adopting an ordinance and by placing the proposed amendment to a vote of the electors at the next general election held within the municipality or at a special election called for such a purpose, and WHEREAS, Section 2.3(c) of the City’s Charter, which describes the boundaries for the City’s residential areas, makes reference to “N.W. 20th Avenue” in the Eastern Boundary description for Residential Area One, and WHEREAS, the reference to “N.W. 20th Avenue” should be eliminated because the eastern boundary line for Residential Area One actually ends at N.W. 27th Avenue, and WHEREAS, the reference to “N.W. 20th Avenue” should be removed to eliminate any confusion that constituents may have regarding their respective districts and voting precincts, Page 34 of 203 _________________________________ Language deleted is stricken through and language added is underlined. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 2.3(C) of the Charter as follows: (C) Residential Areas. Seats 1-4. The City shall be divided into four residential areas. Individually each is a “Residential Area” collectively “Residential Areas.” One Council member shall be elected to a Seat from each Residential Area. Council members from Residential Areas are collectively the “Residential Area Council members.” Individually each is a “Residential Area Council member.” The Residential Areas corresponding to each Seat are formally set forth below: Seat 1 Northern Boundary: N.N.W. 215th Street 18 Eastern Boundary: N.W. 27th Avenue, N.W. 20th Avenue 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Southern Boundary: N.W. 199th Street, west to N.W. 37th Avenue, south to N.W. 191st Street, west to N.W. 42nd Avenue, South to SR 826, west to 47th Avenue. Western Boundary: N.W. 47th Avenue Seat 2 Northern Boundary: N.W. 215th Street Eastern Boundary: N.E. 2nd Avenue, south to N.W. 199th Street, west to North Miami Avenue, south to N.W. 183rd Street Southern Boundary: N.W. 183 Street Western Boundary: Florida Turnpike, north to N.W. 199th Page 35 of 203 _________________________________ Language deleted is stricken through and language added is underlined. 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 24 25 26 27 28 29 30 31 32 33 34 35 36 Street, west to N.W. 27th Avenue, north to N.W. 215th Street Seat 3 Northern Boundary: N.W. 199th Street, south along Florida Turnpike, to N.W. 183rd Street, east along N.W. 183rd Street to North Miami Avenue. Eastern Boundary: North Miami Avenue, South to SR 9, southwest on SR 9 to N.W. 151st Street Southern Boundary: N.W. 151st Street to N.W. 27th Avenue. Western Boundary: N.W. 27th Avenue Seat 4 Northern Boundary: N.W. 199th Street, west to N.W. 37th Avenue, south to N.W. 191st Street, west to N.W. 42nd Avenue, south to SR 826, west to 57th Avenue. Eastern Boundary: N.W. 27th Avenue. Southern Boundary: N.W. 151st Street to N.W. 57th Avenue. Western Boundary: N.W. 57th Avenue, north to SR 826, east to N.W. 47th Avenue, north to N.W. 191st Street, east to 37th Avenue, north to N.W. 199th Street, east to N.W. 27th Avenue. SECTION 3. ELECTION CALL: The Mayor and City Council hereby call 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 City Clerk and City Attorney are 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 Page 36 of 203 _________________________________ Language deleted is stricken through and language added is underlined. Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 contemplated; and there should be presented to the electorate of the City of Miami Gardens, the question of whether or not to amend Section 2.3(C) of the City Charter to eliminate the reference to “N.W. 20th Avenue” from the Eastern Boundary Description for Seat One. 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 City Council, the following proposition of whether to amend Section 2.3(C) of the Charter to eliminate the reference to “N.W. 20th Avenue” from the description of the Eastern Boundary Line for Residential Area One; 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 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: 18 ELIMINATE REFERENCE TO “N.W. 20TH AVENUE” FROM THE EASTERN 19 BOUNDARY DESCRIPTION FOR RESIDENTIAL AREA ONE 20 21 22 23 24 25 26 27 28 29 Shall Section 2.3(C) of the City Charter be amended to eliminate any reference to “N.W. 20th Avenue” from the description of the Eastern Boundary line for Residential Area One? For________ Against_______ Page 37 of 203 _________________________________ Language deleted is stricken through and language added is underlined. Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 Miami-Dade 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 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 APRIL 28TH DAY OF Page 38 of 203 _________________________________ Language deleted is stricken through and language added is underlined. Page 6 1 2 ________________, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF ________ 3 4 , 2010. 5 6 7 8 ___________________________ 9 10 11 12 13 SHIRLEY GIBSON, MAYOR ATTEST: 14 _________________________________ 15 16 17 18 19 20 21 22 23 24 25 RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: COUNCILMAN AARON CAMPBELL, JR. MOVED BY: VOTE: 26 Mayor Shirley Gibson (Yes) (No) 27 Vice Mayor Aaron Campbell (Yes) (No) 28 Councilman Melvin L. Bratton (Yes) (No) 29 Councilwoman Barbara Watson (Yes) (No) 30 Councilman Andre’ Williams (Yes) (No) 31 Councilwoman Sharon Pritchett (Yes) (No) 32 Councilman Oliver Gilbert,III (Yes) (No) 33 34 35 36 37 Page 39 of 203 Page 40 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X X Public Hearing: Yes No Yes No X Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A X Sponsor Name: Dr. Danny O. Crew, City Manager Department: Purchasing Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: An ordinance was placed on the March 10, 2010 City Council Agenda to amend the Purchasing Code to include procedures for debarring businesses that default on contracts and violate ethical standards. During the meeting, a number of questions were raised concerning the differences between Miami-Dade County’s debarment procedures and the City’s proposed ordinance. As a result, Council directed the City Attorney to analyze and highlight key differences between the County’s ordinance and the City’s proposed ordinance. The proposed ordinance authorizes the City Manager to recommend debarment after consultation with the City Attorney. The debarment period shall be for a period of not less than two (2) years and no more than five (5) years. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Establishing Debarment Procedures Page 41 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Debarred contractors may appeal the City Manager’s decision by filing a written Notice of Appeal to the Office of the City Clerk within ten (10) calendar days. A Special Master will be appointed to hear the appeal within 15 days receipt of the notice. An aggrieved party, including the City, may appeal a final order of the Special Master to the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit. Proposed Action: The City Council approves the proposed amendment to Ordinance 2005-10-48 to include Article III Debarment Procedures. Attachment: 1. Memo dated March 25, 2010 from the City Attorney 2. Analysis of Debarment Procedures between Miami-Dade County and the City of Miami Gardens 3. Miami-Dade County Debarment Ordinance Page 42 of 203 1 ORDINANCE No. 2010-2 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens desires to conduct business with contractors who operate with the highest level of integrity, and WHEREAS, it is necessary to amend Ordinance No. 2005-10-48 to establish debarment procedures to protect the City from engaging in business relations with dishonest, unethical, or otherwise irresponsible contractors, and WHEREAS, the establishment of debarment procedures will prevent fraud, waste and abuse of City resources, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, 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. AMENDMENT: Ordinance No. 2005-10-48 is hereby amended to create include Article III establishing debarment procedures as follows: Page 43 of 203 1 ARTICLE III: DEBARMENT PROCEDURES 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 34 35 36 37 38 39 40 41 42 43 Section 25: Purpose. The purpose of this Article is to protect the City from risks associated with awarding contracts to persons or firms having exhibited an inability or unwillingness to fulfill contractual requirements, and to protect the City’s interests and the integrity of the procurement process by preventing contractors who have displayed improper conduct from engaging in business with the City for specific periods of time. The policies outlined in this Article are not intended to be punitive in nature. Instead, the City will seek other legal recourse, if necessary to enforce contractual obligations. Section 26: Definitions. For purposes of Article III, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning: (1) “Debarment” is the act of excluding a vendor from city contracting and city approved contracting. (2) “Conviction” means a judgment or conviction of a criminal offense, be it a felony or misdemeanor, by any court of competent jurisdiction, whether entered upon by a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. (3) “Civil judgment” means a judgment or finding of a civil offense by any court of competent jurisdiction. Section 27: Causes for Debarment. The City Manager shall debar a person or entity from city procurement for cause. The debarment period shall be for a period of not less than two (2) years and no more than five (5) years. Causes for debarment include: (1) Conviction of a criminal offense or civil judgment as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract if in the opinion of the City Manager or City Attorney that such offense will affect the contractor’s ability to to perform under the contract; (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a city contractor; (3) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; Page 44 of 203 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 34 35 36 37 38 39 40 41 42 43 44 45 (4) Violation of contract provisions which are regarded by the City Manager to be so serious as to justify debarment action. Such actions include: (a) Deliberate failure, without good cause, to perform in accordance with the specifications or within the time limit provided in the contract; (b) A record of failure to perform, or of unsatisfactory performance in accordance with the terms of one or more contracts; (c) The untimely and unwarranted withdrawal of a bid or response to ITB or RFP; (d) Becoming insolvent or being declared bankrupt; (e) Any misrepresentation in connection with a solicitation or any misrepresentation of fact upon which the City has based a decision on awarding a bid; (5) Violation of the ethical standards contained in this Code; (6) Debarment by another governmental entity for any cause listed in this Code; and (7) Any other cause the City Manager determines to to be serious and compelling as to affect responsibility as a city contractor. Section 28: Effect of Debarment. (1) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the City Manager determines that an emergency exists justifying such action, and obtains approval from the City Council. Debarred contractors are also excluded from conducting business with the city as agents, representatives, subcontractors or partners of other contractors. (2) Debarred contractors are excluded from acting as individual sureties. Section 29: List of Debarred Contractors. The City Manager, or his or her designee, shall compile and maintain a current, consolidated list of all contractors debarred by the City. Such list shall be public record and shall be available for public inspection and dissemination. The list shall include: (1) The names and addresses of all contractors debarred; Page 45 of 20 3(2) The cause for the debarment action, as is further described herein, or other statutory or regulatory authority; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (3) The effect of the debarment action; (4) The termination date for each listing; (5) The contractor's certificate of competency or license number, when applicable; and (6) The qualifier of the contractor, when applicable. Section 30: Decision to Debar. A decision to suspend or debar shall be made after consultation with the City Attorney. The City Manager, or his or her designee, shall issue a written decision of debarment to the person involved. The decision shall state the reasons for the action taken and shall include information on the person’s right to appeal. A copy of the decision shall be 19 mailed via certified mail to the person, which is the subject of debarment within five (5) 20 business days of the decision. 21 22 Section 31: Appeals Process. 23 (1) A decision to debar shall be final and conclusive, unless the person debarred 24 files a written notice of appeal to the City Clerk within ten (10) calendar days after 25 receipt of the City Manager’s decision. Such written notice shall state the particular 26 grounds on which it is based, shall include all pertinent documents and evidence and 27 shall be accompanied by a non-refundable cashier’s check in the amount of $500.00 to 28 reimburse the City for administrative costs associated with the appeals process. Any 29 grounds not stated shall be deemed waived. 30 31 (2) Appeals shall be referred by the City Clerk to the City Attorney who shall select a 32 Special Master, from the list of City-approved Special Masters, to hold a hearing and 33 submit written findings and recommendations within fifteen (15) calendar days of the 34 filing of the Notice of Appeal. The Special Master shall consider the written notice of 35 appeal, supporting documents in evidence, the City’s recommendations and supporting 36 documentation and all evidence presented at the hearing. Such findings and 37 recommendations shall be filed with the City Clerk. 38 39 (3) An aggrieved party, including the City, may appeal a final order of the Special 40 Master to the appellate division of the Circuit Court of the Eleventh Judicial Circuit. Such 41 an appeal shall not be a hearing de novo but shall be limited to appellate review of the 42 record created before the Lower Tribunal. An appeal shall be filed within thirty (30) 43 calendar days of the date of the written order to which the appeal is directed. 44 45 (4) Failure to follow the appellate procedures set forth herein shall automatically 46 nullify any appeal or claim brought by an aggrieved contractor. Page 46 of 203 1 2 Section 32: Right to Initiate Legal Proceedings 3 4 Nothing contained herein shall prohibit the City from initiating litigation, or availing itself 5 to other remedies available by law. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 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 take effect immediately upon its final passage. PASSED ON FIRST READING ON THE 28TH DAY OF APRIL, 2010. PASSED ON SECOND READING ON THE 12TH DAY OF MAY, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 12TH DAY OF MAY, 2010. Page 47 of 203 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 _________________________________ 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: _____ 27 Mayor Shirley Gibson (Yes) ___(No) 28 Vice Mayor Aaron Campbell (Yes) ___(No) 29 Councilman Melvin L. Bratton (Yes) ___(No) 30 Councilman Oliver Gilbert, III (Yes) ___(No) 31 Councilwoman Barbara Watson (Yes) ___(No) 32 Councilwoman Sharon Pritchett (Yes) ___(No) 33 Councilman André Williams (Yes) ___(No) 34 35 36 37 Page 48 of 203 Page 49 of 203 Page 50 of 203 Page 51 of 203 Page 52 of 203 Page 53 of 203 Page 54 of 203 Page 55 of 203 Page 56 of 203 Page 57 of 203 Page 58 of 203 Page 59 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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: CIP; Parks & Recreation Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Sponsor Name Danny Crew, City Manager Department: CIP; Parks & Recreation Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE PARKS AND RECREATION DEPARTMENT OPERATING FUNDS AS A DOLLAR-FOR-DOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT FUNDS IN THE AMOUNT OF ONE HUNDRED TWENTY-SEVEN THOUSAND, ONE HUNDRED EIGHTYTWO DOLLARS ($127,182.00) TO REPLACE PLAYGROUND EQUIPMENT AT A. J. KING PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On July 15, 15, 2009 Miami‐Dade County announced the availability of approximately $6 million in Safe Neighborhood Parks Bond Program grant funds for land acquisition and capital improvements of open public spaces. All funds must be expended within one year after funds are awarded by the Miami Dade Board of County Commission. According to the Miami‐Dade County’s Request for Proposal the review committee is looking for wellplanned capital projects that meet a pressing need, display broad support, will be completed promptly and, once completed, are managed successfully. With the Council’s approval staff submitted applications in support of capital improvements at AJ King Park, Miami Gardens Community Center, Myrtle Grove Park, Norwood Park, and Rolling Oaks Park to further developments outlined in the Parks Master Plan as well as land acquisition of the property located at 18330 NW 12 Avenue. ITEM J-1) CONSENT AGENDA RESOLUTION Safe Neighborhood Parks Bond Program Grant Funds Page 60 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 On January 29, 2010, the Safe Neighborhood Parks Citizens’ Oversight Committee met to review additional applications and make recommendations for award. This Committee put forth the recommendation that the Miami Dade Board of County Commissioners award the City of Miami Gardens $127,182 to replace the playground equipment at A.J. King Park. This award also requires a dollar‐fordollar cash match from the City and an accompanying authorizing resolution as “proof of match”. Staff recommends the $127,182 match comes from the Parks and Recreation Department Operating Funds. Proposed Action: That City Council allow the City Manager to utilize Parks and Recreation Department Operating funds as the dollar‐for‐dollar match towards the Safe Neighborhood Parks $127,182 grant award to replace the playground equipment at A.J. King Park. Attachment: None. Page 61 of 203 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. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE PARKS AND RECREATION DEPARTMENT OPERATING FUNDS AS A DOLLAR-FORDOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT FUNDS IN THE AMOUNT OF ONE HUNDRED TWENTY-SEVEN THOUSAND, ONE HUNDRED EIGHTY-TWO DOLLARS ($127,182.00) TO REPLACE PLAYGROUND EQUIPMENT AT A. J. KING PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2009, Miami-Dade County announced the availability of approximately Six Million Dollars ($6,000,000.00) in Safe Neighborhood Parks Bond Program Grant funds for land acquisition and capital improvements of open public spaces, and WHEREAS, with the City Council’s approval, staff submitted an application in support of capital improvements at A. J. King Park, Miami Gardens Community Center, Myrtle Groove Park, Norwood Park, and Rolling Oaks Park to further development as outlined in the Parks Master Plan, as well as the acquisition of property located at 18300 N.W. 12th Avenue, and WHEREAS, on January 29, 2010, the Safe Neighborhood Parks Citizens’ Oversight Committee recommended to the Miami-Dade County Board of County Commissioners that the City of Miami Gardens be awarded the sum of One Hundred Twenty-Seven Thousand, One Hundred Eighty-Two Dollars ($127,182.00) to replace playground equipment at A. J. King Park, and 1 Page 62 of 203 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 WHEREAS, the award requires a dollar-for-dollar cash match from the City and an accompanying resolution as proof of the match, and WHEREAS, City staff is recommending that the One Hundred Twenty-Seven Thousand, One Hundred Eighty-Two Dollars ($127,182.00) be paid from the Park and Recreation Department Operating Funds, 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 City Manager to utilize Parks and Recreation Department Operating Funds as a dollar-for-dollar match toward the Safe Neighborhood Parks Bond Program Grant Funds in the amount of One Hundred Twenty-Seven Thousand, One Hundred Eighty-Two Dollars ($127,182.00) to replace playground equipment and A. J. King Park. 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 MAY 12, 2010. _____________________ ____________ SHIRLEY GIBSON, MAYOR 2 Page 63 of 203 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: ____________________________ VOTE: _____ 23 Mayor Shirley Gibson (Yes) ___(No) 24 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman Oliver Gilbert, III (Yes) ___(No) 27 Councilwoman Barbara Watson (Yes) ___(No) 28 Councilwoman Sharon Pritchett (Yes) ___(No) 29 Councilman André Williams (Yes) ___(No) 30 31 32 Page 64 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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: Building Better Communities Bond Funds & Quality Neighborhood roveme ram Fu s Imp rog nt P nd Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Sponsor Name Danny Crew, City Manager Department: CIP Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2009-194-1140 AUTHORIZING THE CITY MANAGER TO UTILIZE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND QUALITY NEIGHBORHOOD IMPROVEMENT PROGRAM FUNDS AS A DOLLARFOR-DOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS GRANT AWARD IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO DEVELOP THE AMPHITHEATER AT THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In October 2009 Council approved Resolution No. 2009‐194‐1140 which allowed the City Manager to utilize Building Better Communities General Obligation Bond and Quality Neighborhood Improvement Program funds as the dollar‐for‐dollar match towards the Safe Neighborhood Parks grant award of $50,000 to develop the amphitheater at the Miami Gardens Community Center. ITEM J-2) CONSENT AGENDA RESOLUTION Building Better Communities General Obligation Bond Page 65 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff is requesting an amendment to Resolution No. 2009‐194‐1140 to raise the committed match of $50,000 to $500,000, as our final Safe Neighborhood Parks award amount is $500,000 to develop the amphitheater at the Miami Gardens Community Center. This $500,000 match will come from the Building Better Communities General Obligation Bond and Quality Neighborhood Improvement Program funds that are already committed to this project. Proposed Action: That the City Council allows the City Manager to utilize Building Better Communities General Obligation Bond and Quality Neighborhood Improvement Program funds as the dollar‐for‐dollar match towards the Safe Neighborhood Parks $500,000 grant award to develop the amphitheater at the Miami Gardens Community Center. Attachment: None. Page 66 of 203 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2009-194-1140 AUTHORIZING THE CITY MANAGER TO UTILIZE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND QUALITY NEIGHBORHOOD IMPROVEMENT PROGRAM FUNDS AS A DOLLAR-FORDOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS GRANT AWARD IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO DEVELOP THE AMPHITHEATER AT THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 2009, Miami-Dade County announced the availability of approximately Six Million Dollars ($6,000,000.00) in Safe Neighborhood Parks Bond Program Grant funds for land acquisition and capital improvements of open public spaces, and WHEREAS, all funds must be expended within one (1) year of award, and WHEREAS, on August 18, 2009, the Safe Neighborhood Parks Citizens’ Oversight Committee recommended to the Miami-Dade County Board of Commissioners that the City of Miami Gardens be awarded funds to develop the amphitheater at the Miami Gardens Community Center, and WHEREAS, this award of $500,000 requires a dollar-for-dollar cash match from the City and an accompanying resolution as proof of the match, and WHEREAS, City staff is recommending that the Five Hundred Thousand Dollars ($500,000.00) match come from the Building Better Communities General Obligation Bond and Quality Neighborhood Improvement Program Funds that have already been committed to this Project, 1 Page 67 of 203 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 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 approval of the City Manager to utilize Building Better Communities General Obligation Bond and Quality Neighborhood Improvement Program Funds as a dollar-for-dollar match toward the Safe Neighborhood Parks Grant award in the amount of Five Hundred Thousand Dollars ($500,000.00) to develop the amphitheater at the Miami Gardens Community Center. 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 MAY 12, 2010. 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 2 Page 68 of 203 3 1 2 3 4 5 6 7 8 9 10 11 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: ____________________________ VOTE: _____ 12 Mayor Shirley Gibson (Yes) ___(No) 13 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 14 Councilman Melvin L. Bratton (Yes) ___(No) 15 Councilman Oliver Gilbert, III (Yes) ___(No) 16 Councilwoman Barbara Watson (Yes) ___(No) 17 Councilwoman Sharon Pritchett (Yes) ___(No) 18 Councilman André Williams (Yes) ___(No) 19 20 21 Page 69 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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: Transporation Fund /America Recovery vestme Act RA) Rein (AR nt Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910014 LAP Roadway Improvement Project X Sponsor Name Dr. Danny Crew, City Manager Department: Public Works 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 HORIZON CONTRACTORS, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FOUR HUNDRED SIXTYTWO THOUSAND, ONE HUNDRED AND NINETY‐SIX DOLLARS AND 20/100 CENTS ($462,196.20) FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The City of Miami Gardens received $2,516,740 in American Recovery and Reinvestment (ARRA) stimulus funds through the Florida Department of Transportation to improve city roads that are designated by Federal Highway Administration and designated as emergency roads by the US Department of Transportation. ARRA funds can only be used for road resurfacing, sidewalk repairs/installation, and guardrail repairs. Of our three proposed projects, Project A ($575,683.36) and Project C ($404,197.75) were awarded by Council in February 2010. Per ARRA guidelines, our proposal had to be broken down into three projects because proposals could not exceed $1 million; therefore, each project needed to be approved separately. ITEM J-3) CONSENT AGENDA RESOLUTION Agreement w/Horizon Contractors, Inc. Page 70 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation In April 2010, the Florida Department of Transportation issued the City a Notice to Proceed (Attachment A) for Project B ($462,196.20). Project B: ITB#09-10-014 LAP Roadway Improvements ARRA 429;ARRA430 Areas to be completed: • NW 156 St. from NW 47 Ave to NW 42 Ave a. New and repair Sidewalks/ADA North Side of NW 156 St. b. Milling and Resurfacing entire NW 156 Street c. Repair Guardrail d. Repair and add Sidewalks/ADA as needed. • NW 47 Ave from NW 156 St to NW 167 St a. New and repair Sidewalks/ADA North Side of NW 156 St. b. Milling and Resurfacing entire NW 156 Street c. Repair Guardrail d. Repair and add Sidewalks/ADA as needed. • NW 42nd Ave from NW 156 St to NW 191 St a. NW 42 Avenue from NW 156 Street to NW 167 Street: 1. Milling, resurfacing and stripping . 2. Repair sidewalks/ADA as needed. b. NW 42 Ave from NW 167 St to NW 191 St: 1. Repair sidewalks as needed. c. NW 42 Avenue from NW 170 Street to NW 178 Street: 1. New Sidewalks/ADA on West Side only. Specifications were prepared by City staff and our engineering consultant Craven and Thompson, for three LAP Roadway Improvement Projects which include resurfacing of roads, repairs and replacements of sidewalks; the first two projects were awarded by Council in February 2010. Bid #09-10-014 was advertised on February 24, 2010. A broadcast notice was sent to 677 vendors. Fifteen bid packages were requested. The bid was opened on March 25, 2010. There were seven bids received and publicly read. The apparent low bidder was Horizon Contractors, Inc, located in Hialeah, Florida (Attachment B). Bids were evaluated for compliance with the specifications and their ability to perform the work. Staff checked references for past performances, finances, and insurances. All of the references were very favorable, the finances are fine, and insurance is sufficient. Once the staff completed their review, the tabulation was sent to Florida Department of Transportation (FDOT) for their review. FDOT concurred with staff’s findings. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. Proposed Action: That City Council approve the attached resolution authorizing the City Manager to execute the contract for LAP Roadway Improvement Project B in the amount of $462,196.20 for ITB#09-10-014 to Horizon Contractors, Inc., located in Hialeah, Florida. Page 71 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Attachment A – Notice to Proceed Attachment B – Tabulation Sheets Attachment C – Contract Page 72 of 203 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. 2010-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 HORIZON CONTRACTORS, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FOUR HUNDRED SIXTYTWO THOUSAND, ONE HUNDRED AND NINETY-SIX DOLLARS AND 20/100 CENTS ($462,196.20) FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was awarded American Recovery and Reinvestment (“ARRA”) stimulus funds through the Florida Department of Transportation to improve City roads designated by Federal Highway Administration (“FHWA”) and designated as emergency roads by the U. S. Department of Transportation, and WHEREAS, ARRA funds can only be used for road resurfacing, sidewalk repairs and installation, and guardrail repairs, and WHEREAS, City Staff prepared specifications for three (3) LAP Roadway Improvement Projects which include roadway and sidewalk improvements along NW 156 Street from NW 47 Avenue to NW 42 Avenue, along NW 47 Avenue from NW 156 Street to NW 167 Street, and along NW 42nd Avenue from NW 156 Street to NW 191 Street, and WHEREAS, Bid #09-10-014 was advertised on February 24, 2010, and WHEREAS, seven (7) bids were received for each project and publicly read, and WHEREAS, the apparent low bidder was Horizon Contractors, Inc., located in Hialeah, Florida, 1 Page 73 of 203 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 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 City Manager and the City Clerk to execute and attest, respectively, that certain Agreement, with Horizon Contractors, Inc., attached hereto as Exhibit “A”, in the amount of Four Hundred Sixty-Two Thousand, One Hundred Ninety-Six Dollars and 20/100 Cents ($462,196.20) for LAP Roadway Improvement Projects. The City Manager is hereby authorized to take any and all steps necessary in order to fulfill the obligations under said Agreement. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with Horizon Contractors, Inc., with one (1) to be maintained by the City, and one (1) to be delivered to Horizon Contractors, Inc. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR 2 Page 74 of 203 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 23 Mayor Shirley Gibson (Yes) ___(No) 24 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman Oliver Gilbert, III (Yes) ___(No) 27 Councilwoman Barbara Watson (Yes) ___(No) 28 Councilwoman Sharon Pritchett (Yes) ___(No) 29 Councilman André Williams (Yes) ___(No) 30 31 32 Page 75 of 203 0110-4 SY 1 000 $5 00 $5 000 00 $5 00 $5 000 00 $5 30 $5 300 00 $15 00 $15 000 00 ITB#09‐10‐014 ‐LAP Roadway Improvements ARRA ARRA 429; 430 ‐(project B) March 25, 2010 ‐2:00 p.m. Bid Tabulation Sheet Horizon Contracting Kailas Corp Williams Paving General Asphalt Hialeah, FL Hialeah, FL Medley, FL Miami, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond yes yes yes yes 2009-1001 LS 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $23,000.00 $23,000.00 $4,000.00 $4,000.00 2009-1002 LS 1 $4,000.00 $4,000.00 $20,000.00 $20,000.00 $11,000.00 $11,000.00 $10,000.00 $10,000.00 2009-1003 LS 1 $300.00 $300.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00 Roadway 0334-1-13 SY 29,688 $5.00 $148,440.00 $5.20 $154,377.60 $4.65 $138,049.20 $4.50 $133,596.00 0327-701 SY 29,689 $1.00 $29,689.00 $1.10 $32,657.90 $1.40 $41,564.60 $1.25 $37,111.25 2009-1004 SY 550 $17.00 $9,350.00 $10.00 $5,500.00 $30.25 $16,637.50 $20.00 $11,000.00 Sidewalk 2009-1005 EA 45 $750.00 $33,750.00 $800.00 $36,000.00 $$170.00 $7,650.00 $995.00 $44,775.00 0527-1 EA 18 $300.00 $5,400.00 $300.00 $5,400.00 $170.00 $3,060.00 $420.00 $7,560.00 0522-2 SY 251 $30.00 $7,530.00 $24.00 $6,024.00 $44.05 $11,056.55 $44.00 $11,044.00 0522-2A SY 2000 $45.00 $90,000.00 $40.00 $80,000.00 $50.00 $100,000.00 $52.00 $104,000.00 2009-1006 SY 2,000 $25.00 $50,000.00 $21.00 $42,000.00 $39.60 $79,200.00 $30.00 $60,000.00 1,000 5.00 5,000.00 5.00 5,000.00 5.30 5,300.00 15.00 15,000.00 survey LF 3,000 $1.50 $4,500.00 $2.50 $7,500.00 $0.90 $2,700.00 $1.00 $3,000.00 Pavement 0711-11211 MI 2.308 $2,500.00 $5,770.00 $3,326.40 $7,677.33 $2,900.00 $6,693.20 $2,600.00 $6,000.80 0711-11231 MI 0.786 $2,500.00 $1,965.00 $3,326.40 $2,614.55 $1,525.00 $1,198.65 $1,385.00 $1,088.61 0711-11223 LF 829 $1.50 $1,243.50 $1.26 $1,044.54 $1.60 $1,326.40 $1.45 $1,202.05 0711-11224 LF 1,361 $2.25 $3,062.25 $2.31 $3,143.91 $3.80 $5,171.80 $3.45 $4,695.45 0711-11125 LF 278 $3.00 $834.00 $3.15 $875.70 $5.35 $1,487.30 $4.80 $1,334.40 0706-3 EA 574 $4.25 $2,439.50 $3.99 $2,290.26 $4.50 $2,583.00 $4.10 $2,353.40 0711-11170 EA 30 $65.00 $1,950.00 $52.50 $1,575.00 $58.00 $1,740.00 $53.00 $1,590.00 0711-11160 EA 8 $135.00 $1,080.00 $131.25 $1,050.00 $139.00 $1,112.00 $125.00 $1,000.00 2009-1007 EA 8 $285.00 $2,280.00 $210.00 $1,680.00 $406.00 $3,248.00 $350.00 $2,800.00 Temp Mark 2009-1008 MI 2.308 $2,800.00 $6,462.40 $3,326.40 $7,677.33 $1,225.00 $2,827.30 $1,100.00 $2,538.80 2009-1009 MI 0.786 $2,800.00 $2,200.80 $3,326.40 $2,614.55 $695.00 $546.27 $630.00 $495.18 Page 76 of 203 ITB#09‐10‐014 ‐LAP Roadway Improvements ARRA ARRA 429; 430 ‐(project B) March 25, 2010 ‐2:00 p.m. Bid Tabulation Sheet cont. 2 Horizon Contracting Kailas Corp Williams Paving General Asphalt Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL 2009‐1010 LF 829 $1.50 $1,243.50 $1.05 $870.45 $0.70 $580.30 $0.70 $580.30 2009‐1011 LF 1,361 $2.25 $3,062.25 $2.10 $2,858.10 $1.15 $1,565.15 $1.10 $1,497.10 2009‐1012 LF 278 $3.00 $834.00 $2.94 $817.32 $1.75 $486.50 $1.65 $458.70 2009‐1013 EA 30 $90.00 $2,700.00 $42.00 $1,260.00 $25.50 $765.00 $23.00 $690.00 2009‐1014 EA 8 $170.00 $1,360.00 $120.75 $966.00 $58.00 $464.00 $53.00 $424.00 Misc. 0535‐73 LF 200 $2.00 $400.00 $3.50 $700.00 $7.75 $1,550.00 $5.00 $1,000.00 2009‐1015 LF 120 $55.00 $6,600.00 $24.00 $2,880.00 $30.65 $3,678.00 $80.00 $9,600.00 2009‐1016 EA 5 $550.00 $2,750.00 $100.00 $500.00 $325.00 $1,625.00 $500.00 $2,500.00 2009‐1017 LF 300 $20.00 $6,000.00 $15.00 $4,500.00 $5.80 $1,740.00 $12.00 $3,600.00 TOTAL $462,196.20 $466,054.54 $482,605.72 $487,535.04 This is only a tabulation of prices submitted and is not an indication of award or responsiveness H&J Asphalt, Inc. bid was determined to be non‐responsive ‐bid bond submitted was 5% not the required 10% Page 77 of 203 SY 000 $15 $15 000 $7 $7 $9 $9 00 $0 ITB#09‐10‐014 ‐LAP Roadway Improvements ARRA ARRA 429; 430 ‐(project B) March 25, 2010 ‐2:00 p.m. Bid Tabulation Sheet H&R Paving Weekley Asphalt Tran Construction Miami, FL Pembroke Pines, FL Miami, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond yes yes yes 2009-1001 LS 1 $24,844.46 $24,844.46 $31,810.00 $31,810.00 $28,501.00 $28,501.00 $0.00 2009-1002 LS 1 $10,000.00 $10,000.00 $36,907.00 $36,907.00 $10,920.00 $10,920.00 $0.00 2009-1003 LS 1 $500.00 $500.00 $350.00 $350.00 $546.00 $546.00 $0.00 Roadway 0334-1-13 SY 29,688 $4.00 $118,752.00 $4.50 $133,596.00 $5.70 $169,221.60 $0.00 0327-701 SY 29,689 $1.50 $44,533.50 $2.00 $59,378.00 $1.20 $35,626.80 $0.00 2009-1004 SY 550 $45.00 $24,750.00 $25.07 $13,788.50 $16.40 $9,020.00 $0.00 Sidewalk 2009-1005 EA 45 $900.00 $40,500.00 $1,056.00 $47,520.00 $431.30 $19,408.50 $0.00 0527-1 EA 18 $300.00 $5,400.00 $445.00 $8,010.00 $376.80 $6,782.40 $0.00 0522-2 SY 251 $30.00 $7,530.00 $49.70 $12,474.70 $30.40 $7,630.40 $0.00 0522-2A SY 2000 $70.00 $140,000.00 $57.93 $115,860.00 $64.20 $128,400.00 $0.00 2009-1006 SY 2,000 $25.00 $50,000.00 $36.67 $73,340.00 $24.10 $48,200.00 $0.00 0110-4 1,000 15.00 15,000.00 7.15 7,150.00 9.90 9,900.00 0.00 survey LF 3,000 $1.00 $3,000.00 $0.35 $1,050.00 $3.30 $9,900.00 $0.00 Pavement 0711-11211 MI 2.308 $2,376.00 $5,483.81 $2,900.00 $6,693.20 $2,882.90 $6,653.73 $0.00 0711-11231 MI 0.786 $590.00 $463.74 $800.00 $628.80 $720.70 $566.47 $0.00 0711-11223 LF 829 $1.00 $829.00 $1.25 $1,036.25 $2.10 $1,740.90 $0.00 0711-11224 LF 1,361 $1.50 $2,041.50 $1.90 $2,585.90 $3.00 $4,083.00 $0.00 0711-11125 LF 278 $2.00 $556.00 $2.50 $695.00 $3.80 $1,056.40 $0.00 0706-3 EA 574 $3.00 $1,722.00 $3.50 $2,009.00 $4.40 $2,525.60 $0.00 0711-11170 EA 30 $50.00 $1,500.00 $50.00 $1,500.00 $49.10 $1,473.00 $0.00 0711-11160 EA 8 $60.00 $480.00 $100.00 $800.00 $109.20 $873.60 $0.00 2009-1007 EA 8 $150.00 $1,200.00 $260.00 $2,080.00 $218.40 $1,747.20 $0.00 Temp Mark 2009-1008 MI 2.308 $1,000.00 $2,308.00 $1,050.00 $2,423.40 $1,383.60 $3,193.35 $0.00 2009-1009 MI 0.786 $264.00 $207.50 $400.00 $314.40 $345.10 $271.25 $0.00 Page 78 of 203 ITB#09‐10‐014 ‐LAP Roadway Improvements ARRA ARRA 429; 430 ‐(project B) March 25, 2010 ‐2:00 p.m. Bid Tabulation Sheet cont. 2 H&R Paving Weekley Asphalt Tran Construction Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL 2009‐1010 LF 829 $0.40 $331.60 $0.60 $497.40 $1.00 $829.00 $0.00 2009‐1011 LF 1,361 $0.60 $816.60 $0.95 $1,292.95 $1.20 $1,633.20 $0.00 2009‐1012 LF 278 $1.00 $278.00 $1.25 $347.50 $1.40 $389.20 $0.00 2009‐1013 EA 30 $20.00 $600.00 $25.00 $750.00 $16.40 $492.00 $0.00 2009‐1014 EA 8 $50.00 $400.00 $35.00 $280.00 $43.70 $349.60 $0.00 Misc. 0535‐73 LF 200 $10.00 $2,000.00 $1.50 $300.00 $8.70 $1,740.00 $0.00 2009‐1015 LF 120 $35.00 $4,200.00 $46.11 $5,533.20 $16.40 $1,968.00 $0.00 2009‐1016 EA 5 $500.00 $2,500.00 $750.00 $3,750.00 $327.60 $1,638.00 $0.00 2009‐1017 LF 300 $30.00 $9,000.00 $7.90 $2,370.00 $16.40 $4,920.00 $0.00 TOTAL $521,727.71 $577,121.20 $522,200.20 $0.00 This is only a tabulation of prices submitted and is not an indication of award or responsiveness Page 79 of 203 Page 80 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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: Capital Projects Fund 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 Dr. Danny O. Crew, City Manager Department: Capital Projects 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 EASEMENT AGREEMENT GRANTING MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ACCESS TO WATER AND SEWER FACILITIES LOCATED AT THE MIAMI GARDENS COMMUNITY CENTER; PROVING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background: On September 27, 2006 City Council in accordance with Resolution No. 2006‐115‐461 authorized the City Manager to enter into an agreement for Miami‐Dade County to provide water and sanitary services for the Carol City Community Center. The agreement expired on March 26, 2008. Resolution No. 2008‐ 56‐743 was passed authorizing the City Manager to execute an addendum to the agreement for Miami‐Dade County Water and Sewer Department (MDWASD) to render water and sewer services to the City’s property now known as the Miami Gardens Community Center. ITEM J-4) CONSENT AGENDA Easement agreement w/Miami-Dade County Page 81 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation: Now that the construction for the project has achieved substantial completion it is necessary to complete the conveyance documents for the Water and Sewer Facilities installed for the Miami Gardens Community Center. The water and sewer facilities that will be conveyed to MDWASD consist of two new water mains, four fire hydrants, a fire line through the site and a sewer lateral. It is also necessary to grant an easement to MDWASD to service the facilities. It is recommended that City Council authorizes the City Manager to execute the attached conveyance documents provided by MDWASD. Proposed Action: It is recommended that City Council authorizes the City Manager to execute the attached conveyance documents for the Miami‐Dade County Water and Sewer Department for Miami Gardens Community Center. Attachment: Attachment A ‐Conveyance Documents for Water and Sewer Facilities Page 82 of 203 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 RESOLUTION No. 2010-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 EASEMENT AGREEMENT GRANTING MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ACCESS TO WATER AND SEWER FACILITIES LOCATED AT THE MIAMI GARDENS COMMUNITY CENTER; PROVING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 27, 2006, the City Council in accordance with Resolution No. 2006-115-461, authorized the City Manager to enter into an Agreement with Miami-Dade County Water and Sewer Department (“MDWASD”) to provide water and sanitary services for the Miami Gardens Community Center, and WHEREAS, now that the Miami Gardens Community Center has achieved substantial completion, it is necessary to execute an easement agreement granting MDWASD access to the installed water and sewer facilities, and WHEREAS, the easement which will be conveyed to MDWASD consists of two (2) new water mains, four (4) fire hydrants, one (1) fire line through the site and a sewer lateral, and WHEREAS, it is also necessary to grant an easement to MDWASD to service the facilities, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 83 of 203 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 City Manager and the City Clerk, to execute and attest, respectively, that certain Easement Agreement granting Miami-Dade County Water and Sewer Department access to water and sewer facilities located at the Miami Gardens Community Center. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Easement Agreement, with one (1) to be maintained by the City, and two (2) to be delivered to the Miami-Dade County Water and Sewer Department. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 2 Page 84 of 203 3 1 2 3 4 5 6 7 8 9 10 11 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 12 Mayor Shirley Gibson (Yes) ___(No) 13 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 14 Councilman Melvin L. Bratton (Yes) ___(No) 15 Councilman Oliver Gilbert, III (Yes) ___(No) 16 Councilwoman Barbara Watson (Yes) ___(No) 17 Councilwoman Sharon Pritchett (Yes) ___(No) 18 Councilman André Williams (Yes) ___(No) 19 20 21 Page 85 of 203 Page 86 of 203 Page 87 of 203 Page 88 of 203 Page 89 of 203 Page 90 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 Sonja K. Dickens City Attorney Department: City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 2.2 AND 3.3(1) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Section 6.1 and 6.2 of the City of Miami Gardens Charter, the City’s Charter Revision Commission has recommended amending Section 2.2 and 3.3(1) of the Charter to give City Council the authority to directly appoint, hire, promote, supervise and remove its own legislative staff persons. This Resolution directs that the Miami-Dade County Supervisor of Elections submit the question on the ballot at the general election to be held on August 24, 2010. Proposed Action: It is recommended that the City Council approve the Resolution. ITEM J-5) CONSENT AGENDA RESOLUTION Charter Amendment Ballot Questions: Section 2.2 and 3.3(1) Page 91 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Page 92 of 203 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. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 2.2 AND 3.3(1) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Section 6.1 and 6.2 of the City of Miami Gardens Charter, the City’s Charter Revision Commission made certain recommendations for Charter amendments to the City Council, and WHEREAS, the Charter Revision Commission has recommended and the City Council has authorized an amendment to Section 2.2 and 3.3(1) of the Charter to give City Council the authority to directly appoint, hire, promote, supervise and remove its own legislative staff persons, and WHEREAS, it it is appropriate to submit the Charter amendment to the Supervisor of Elections for the general election to be held on August 24, 2010, 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 invokes the provisions of Section 6.03 of the Miami-Dade County Charter, and Page 93 of 203 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 34 35 36 authorizes amendment to Section 2.2 and 3.3(1) of the Charter of the City of Miami Gardens allowing City Council to appoint, hire, promote, supervise and remove its own legislative staff persons. The City Council further requests that the Supervisor of Elections submit the ballot question at the next general election to be held on August 24, 2010. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________ ____ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY MOVED BY:_____________________ VOTE: _____ 37 Mayor Shirley Gibson (Yes) ___(No) Page 94 of 203 3 1 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 2 Councilman Melvin L. Bratton (Yes) ___(No) 3 Councilman Oliver Gilbert, III (Yes) ___(No) 4 Councilwoman Barbara Watson (Yes) ___(No) 5 Councilwoman Sharon Pritchett (Yes) ___(No) 6 Councilman André Williams (Yes) ___(No) 7 8 9 Page 95 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 Sonja K. Dickens City Attorney Department: City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 5.2(D) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Section 6.1 and 6.2 of the City of Miami Gardens Charter, the City’s Charter Revision Commission has recommended amending 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 Supervisor of Elections. This Resolution directs that the Supervisor of Elections submit the question on the ballot at the general election to be held on August 24, 2010. Proposed Action: ITEM J-6) CONSENT AGENDA RESOLUTION Charter Amendment Ballot Questions: Section 5.2(D) Page 96 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 It is recommended that the City Council approve the Resolution. Attachment: Page 97 of 203 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. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 5.2(D) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Section 6.1 and 6.2 of the City of Miami Gardens Charter, the City’s Charter Revision Commission made certain recommendations for Charter amendments to the City Council, and WHEREAS, the Charter Revision Commission has recommended and the City Council has approved amending 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 Supervisor of Elections, and WHEREAS, it is appropriate to submit the Charter amendment to the Supervisor of Elections for the general election to be held on August 24, 2010, 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 invokes the provisions of Section 6.03 of the Miami-Dade County Charter, and 1 Page 98 of 203 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 34 35 36 authorizes an amendment to Section 5.2(D) of the Charter of the City of Miami Gardens directing the City Clerk to verify all signatures required for initiatives or referendums with the Miami-Dade Supervisor of Elections. The City Council further requests that the Supervisor of Elections submit the ballot question, at the next general election to be held on August 24, 2010. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY MOVED BY:_____________________ VOTE: _____ 37 Mayor Shirley Gibson (Yes) ___(No) 2 Page 99 of 203 3 1 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 2 Councilman Melvin L. Bratton (Yes) ___(No) 3 Councilman Oliver Gilbert, III (Yes) ___(No) 4 Councilwoman Barbara Watson (Yes) ___(No) 5 Councilwoman Sharon Pritchett (Yes) ___(No) 6 Councilman André Williams (Yes) ___(No) 7 8 9 Page 100 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 Sonja K. Dickens Department: City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 6.2(B) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with Section 6.1 and 6.2 of the City of Miami Gardens Charter, the City’s Charter Revision Commission has recommended amending Section 6.2(B) of the Charter to prohibit City staff and Council members, other than the non-voting City Council members, to be appointed by the Mayor from serving on the Charter Revision Commission. This Resolution directs that the Miami-Dade County Supervisor of Elections submit the question on the ballot at the general election to be held on August 24, 2010. Proposed Action: ITEM J-7) CONSENT AGENDA RESOLUTION Charter Amendment Ballot Question: Section 6.2(B) Page 101 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 It is recommended that the City Council approve the resolution. Attachment: Ordinance No. 2009‐35‐207 Page 102 of 203 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. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 6.2(B) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Section 6.1 and 6.2 of the City of Miami Gardens Charter, the City’s Charter Revision Commission made certain recommendations for Charter amendments to the City Council, and WHEREAS, the Charter Revision Commission recommended, and the City Council approved an amendment to Section 6.2(B) of the Charter to prohibit City staff and Council members, other than the non-voting City Council members, to be appointed by the Mayor from serving on the Charter Revision Commission, and WHEREAS, it is appropriate to submit the Charter amendment to the Supervisor of Elections for the general election to be held on August 24, 2010, 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 invokes the provisions of Section 6.03 of the Miami-Dade County Charter, and 1 Page 103 of 203 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 34 authorizes an amendment to Section 6.2(B) of the Charter of the City of Miami Gardens prohibiting City staff and Council members, other than the non-voting City Council members to be appointed by the Mayor, from serving on the Charter Revision Commission. The City Council further requests that the Supervisor of Elections submit the ballot question at the next general election to be held on August 24, 2010. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY MOVED BY:_____________________ VOTE: _____ 35 Mayor Shirley Gibson (Yes) ___(No) 36 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 37 Councilman Melvin L. Bratton (Yes) ___(No) 2 Page 104 of 203 3 1 Councilman Oliver Gilbert, III (Yes) ___(No) 2 Councilwoman Barbara Watson (Yes) ___(No) 3 Councilwoman Sharon Pritchett (Yes) ___(No) 4 Councilman André Williams (Yes) ___(No) 5 6 7 Page 105 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 Sonja K. Dickens City Attorney Department: City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City Council has adopted an Ordinance to amend Section 2.3(c) of the the Charter of the City of Miami Gardens to replace any reference of “N.W. 20th Avenue” to “N.W. 27th Avenue” as the eastern boundary line for Residential Area One. This Resolution directs that the Supervisor of Elections submit the question on the ballot at the general election to be held on August 24, 2010. Proposed Action It is recommended that the City Council approve the attached Resolution. Attachment: ITEM J-8) CONSENT AGENDA RESOLUTION Charter Amendment Ballot Question: Section 2.3(C) Page 106 of 203 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. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 2.3(C), OF THE CHARTER; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has approved an Ordinance to amend Section 2.3(C) of the Charter to delete the reference to “N.W. 20th Avenue” from the Eastern boundary description for Residential Area One, and WHEREAS, it is appropriate to have the Supervisor of Elections submit the ballot question at the next general election to be held on August 24, 2010, 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 invokes the provisions of Section 6.03 of the Miami-Dade County Charter, and invokes the provisions of Section 6.03 of the Miami Dade County Charter and authorizes an amendment to Section 2.3(C) of the Charter of the City of Miami Gardens. The City Council further requests that the Supervisor of Elections submit the ballot question at the next general election to be held on August 24, 2010. 1 Page 107 of 203 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 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: ______________________ ___________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY MOVED BY:_____________________ VOTE: _____ 34 Mayor Shirley Gibson (Yes) ___(No) 35 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 36 Councilman Melvin L. Bratton (Yes) ___(No) 37 Councilman Oliver Gilbert, III (Yes) ___(No) 38 Councilwoman Barbara Watson (Yes) ___(No) 39 Councilwoman Sharon Pritchett (Yes) ___(No) 40 41 42 Councilman André Williams (Yes) ___(No) 2 Page 108 of 203 3 1 Page 109 of 203 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Councilwoman Sharon Pritchett Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S RE-APPOINTMENT OF PATRICIA WRIGHT TO THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Commission For Women Committee, Councilwoman Sharon Pritchett, hereby submits re‐appointment of Patricia Wright for membership. This term will expire May 12, 2012. Recommendation: That the City Council approves Councilwoman Pritchett’s to the Commission For Women Committee for a two year term ending May 12, 2012 Attachment: ITEM J-9) CONSENT AGENDA RESOLUTION Councilwoman Pritchett's appointment to the Commission for Women Page 110 of 203 Resolution No. RESOLUTION No. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S RE-APPOINTMENT OF PATRICIA WRIGHT TO THE COMMISSION FOR WOMEN FOR A TWO-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has established a Commission on Women ("Commission") to serve in an advisory capacity by making studies, reports and recommendations to the City Council and to the City Manager, in respect to all matters pertaining to the status of all women in Miami Gardens, and WHEREAS, the Mayor and each member of the City Council is to appoint two members to the Commission for two (2) and three (3) year terms respectively, and WHEREAS, Councilwoman Sharon Pritchett has re-appointed, Patricia Wright to the Commission for a term of two (2) years, ending May 12, 2012, and WHEREAS, it is appropriate for the City Council to ratify Councilwoman Pritchett’s appointment, 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. APPOINTMENT: The City Council of the City of Miami Gardens hereby ratifies Councilwoman Sharon Pritchett’s re-appointment of Patricia Wright to the Commission for a term of two (2) years. 1 Page 111 of 203 Resolution No. 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 May 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK REVIEWED BY: SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Councilwoman Sharon Pritchett MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Aaron Campbell Jr. (Yes) ___(No) Councilman Melvin L. Bratton (Yes) ___(No) Councilman Oliver Gilbert, III (Yes) ___(No) Councilwoman Barbara Watson (Yes) ___(No) Councilwoman Sharon Pritchett (Yes) ___(No) Councilman André Williams (Yes) ___(No) 2 Page 112 of 203 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Councilman André Williams Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN ANDRE WILLIAMS’ RE-APPOINTMENT OF ROSETTA NELSON TO THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Commission For Women Committee, Councilman André Williams, hereby submits re‐appointment of Rosetta Nelson for membership. This term will expire May 12, 2012. Recommendation: That the City Council approves Councilman Williams’ to the Commission For Women Committee for a two two year term ending May 12, 2012 Attachment: ITEM J-10) CONSENT AGENDA RESOLUTION Councilman William's appointment to the Commission for Women Page 113 of 203 Resolution No. RESOLUTION No. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN ANDRE WILLIAMS’ RE-APPOINTMENT OF ROSETTA NELSON TO THE COMMISSION FOR WOMEN FOR A TWO-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has established a Commission on Women ("Commission") to serve in an advisory capacity by making studies, reports and recommendations to the City Council and to the City Manager, in respect to all matters pertaining to the status of all women in Miami Gardens, and WHEREAS, the Mayor and each member of the City Council is to appoint two members to the Commission for two (2) and three (3) year terms respectively, and WHEREAS, Councilman Andre Williams has re-appointed, Rosetta Nelson to the Commission for a term of two (2) years, ending May 12, 2012, and WHEREAS, it is appropriate for the City Council to ratify Councilman Williams’ appointment, 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. APPOINTMENT: The City Council of the City of Miami Gardens hereby ratifies Councilman Andre Williams’ re-appointment of Rosetta Nelson to the Commission for a term of two (2) years. 1 Page 114 of 203 Resolution No. 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 May 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK REVIEWED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Councilman Andre Williams MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Aaron Campbell Jr. (Yes) ___(No) Councilman Melvin L. Bratton (Yes) ___(No) Councilman Oliver Gilbert, III (Yes) ___(No) Councilwoman Barbara Watson (Yes) ___(No) Councilwoman Sharon Pritchett (Yes) ___(No) Councilman André Williams (Yes) ___(No) 2 Page 115 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE 2010-13 LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background On April 11, 2007, the City Council adopted the City of Miami Gardens (2007‐2010) Local Housing Assistance Plan (LHAP) for the State Housing Initiatives Partnership (SHIP) Program. The plan governs the use of the State funds through various initiatives targeted at generating and preserving affordable housing. Upon becoming a US HUD entitlement community 2007, the City became eligible to receive SHIP funds, and received its first SHIP funding allocation for the FY 2007‐08. Adoption of the LHAP was a requirement for receiving SHIP funding. Current Situation On June 4, 2009, the Governor signed Senate Bill 360 into law, which made significant changes to the Statue (420.907) that governs the SHIP Program; including green/innovative design, special housing needs, manufactured homes, and preservation of assisted units. These changes must be incorporated into the City’s LHAP. Furthermore, the City‘s original LHAP was for the years 2007 to 2010. Therefore it is necessary for the City to adopt a LHAP for the years 2010 through 2013. ITEM J-11) CONSENT AGENDA RESOLUTION 2010-2013 Local Housing Assistance Plan Page 116 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 A resolution is needed in order to adopt the 2010‐2013 Local Housing Assistance Plan and submit the LHAP to the Florida Housing Finance Corporation. Proposed Action: Staff recommends the approval of the proposed resolution adopting the 2010‐2013 Local Housing Assistance Plan, and authorizing the City Manager to submit the LHAP to the Florida Housing Finance Corporation. Attachments: • 2010‐2013 Local Housing Assistance Plan Page 117 of 203 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE 2010-13 LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 11, 2007, the City of Miami Gardens adopted its first Local Housing Assistance Plan (“LHAP”) for the State Housing Initiatives Partnership (“SHIP”) Program, and WHEREAS, the Plan governs the use of State funds through various initiatives targeted at generating and preserving affordable housing, and WHEREAS, upon becoming a United States HUD Entitlement Community in 2007, the City became eligible to receive SHIP funds, and WHEREAS, in order to receive SHIP funds, the City is required to adopt a LHAP, and WHEREAS, in 2009, state law was changed to provide for green/innovative design, special housing needs, manufactured homes and preservation of assisted units for those eligible for SHIP funding, and WHEREAS, the City’s original LHAP was for 2007-2010 and it is necessary for the City of adopt a LHAP for 2010-2013, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 118 of 203 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 34 35 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 adoption of the 2010-13 Local Housing Assistance Plan. The City Council further authorizes the City Manager to submit the plan to the Florida Housing Finance Corporation. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ 2 Page 119 of 203 3 1 2 3 VOTE: _____ 4 Mayor Shirley Gibson (Yes) ___(No) 5 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 6 Councilman Melvin L. Bratton (Yes) ___(No) 7 Councilman Oliver Gilbert, III (Yes) ___(No) 8 Councilwoman Barbara Watson (Yes) ___(No) 9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 12 13 Page 120 of 203 CITY OF MIAMI GARDENS SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 20072010/200811, 200811/200912, Amending 200912/201013 Page 121 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -2 -Section I. PROGRAM DESCRIPTION Page 122 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -3 -I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5),F.S. The City of Miami Gardens Interlocal: Yes __ No 􀀹 Name of participating local government(s) in the Interlocal Agreement; Not Applicable A copy of the Interlocal Agreement is attached as Exhibit H. (N/A) B. Purpose of the Program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the extremely low, very low, low and moderate income households, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37.002, F.A.C. _􀀹 2007/20082010/2011 _􀀹 2008/20092011/2012 _􀀹 2009/20102012/2013 D. Governance: Chapter 67-37.005(3) and (5)(i)F.A.C. and Section 420.9071(14)F.S.420.907-9079 Cities and Counties must be in compliance with these statutes and rules. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does further the housing element of the City of Miami Gardens’ Comprehensive Plan. E. Local Housing Partnership Section 420.9072(1)(a), F.S. The City of Miami Gardens’ SHIP Program is building partnerships with lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups. Such partnerships include community action agencies and housing counseling agencies. F. Leveraging: Chapter 67-37.007(1)(b)(c), F.A.C. and Subsection 420.9075(1)(a) and (1)(b3), and (1)(c), F.S. As a participating jurisdiction, the City of Miami Gardens receives CDBG funds from the U. S. Department of Housing and Urban Development. The City intends to use these funds to leverage SHIP funds thereby reducing the cost of housing. In addition, the City plans to use SHIP funds for developers to use as local match Page 123 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -4 -to leverage additional CDBG or Local Housing Credits from Florida Housing Finance Corporation and participants may be eligible for County Wide and State Down Payment Assistance. G. Public Input: Chapter 67-37.005(3), F.A.C. Public input for the LHAP was solicited through face-to-face meetings with housing providers, social service providers, local lenders and neighborhood associations through Public hearings conducted. Two public hearings were held to gather public comment regarding housing needs. The priorities derived from the public hearings were used to form the basis of the strategies for the plan. The hearings were noticed in a newspaper of general circulation that services ethnic and diverse neighborhoods within the City. H. Advertising and Outreach Chapter 67-37.005(6)(a), F.A.C. The county or eligible municipality or its administrative representative shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Discrimination Section 420.9075(3)( c), F.S. The City of Miami Gardens does not discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling Chapter 67-37.005(5)(g),F.A.C. Support services are available from various sources. Available support services may include but are not limited to: • Homeownership Counseling (Pre and Post) • Legal Services K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, Page 124 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -5 -which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by City of Miami Gardens is: __√_ Bond Study Numbers provided by Florida Housing Finance Corporation __ Independent Study (copy attached) ____ U.S. Treasury Department The purchase price limit for: New and Existing Homes: $429,619.00 L. Income Limits, Rent Limits and Affordability: Chapter 67-37.005(5)(e), F.A.C. and Section 420.9071(2), F.S. • The City of Miami Gardens will use Income Limits updated annually from the U.S. Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. The City will define and use the methodology of determining “Annual Income” as defined in 24 CFR Part 5 of the Federal Regulations. • The City will apply the maximum rent levels as published by the Florida Housing Finance Corporation annually and will ensure that any housing provided through this initiative is affordable. • Affordable in this category is defined as monthly rents or mortgage payments including taxes and insurance that do not exceed 30 percent (30%) of the maximum monthly income allowed for the applicant’s income category as indicated in Sections 420.9071 (19), (20) and (28), F.S. However, the City will not limit an individual household’s ability to devote more than 30% of its income for housing, if the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark. In relation to rental housing, the City will ensure that rents do not exceed the rental limits adjusted for bedroom size. M. Welfare Transition Program Chapter 67-37.005(6)(b)(7)F.A.C. Should an eligible sponsor be used, the City will develop a qualification system and selection criteria for Award applications for eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the Welfare Transition and Workforce Development Initiatives programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (f), F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such Page 125 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -6 -monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005(6)(f)3, F.A.C.. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City of Miami Gardens finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund except a county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. The City of Miami Gardens has adopted the above findings in the attached resolution, Exhibit E. P. Program Administration Administration of the activities being carried out under this Local Housing Assistance Plan will be carried out by the City of Miami Gardens Department of Community Development exclusively. Q. Essential Service Personnel Section 420.9075(3)(a), F.S. Defined as any person in need of affordable housing, who is a permanent employee of a company or organization located within the City of Miami Gardens and whose service is considered essential. Examples of this include teachers, community college and university employees, police and fire personnel, emergency service providers and health care providers. Page 126 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -7 -R. Affordable Housing: Housing which is offered for sale or has an existing property value below the City’s State Housing Initiative Program (SHIP) maximum purchase price or value limits. The housing must be occupied by persons or families whose income does not exceed 120% of the area median income adjusted per household size. Page 127 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -8 -Section II. HOUSING STRATEGIES Page 128 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -9 -II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. 1. Name of the Strategy: Housing Rehabilitation Program Summary of the Strategy: The Housing Rehabilitation Program will provide rehabilitation assistance to extremely low, very low, low and moderate income residents who live in singlefamily owner-occupied properties located within the corporate limits of the City of Miami Gardens. The City will provide deferred payment loan assistance to an eligible homeowners for to complete needed repairs deemed necessary to meet the decent, safe and sanitary standard conditions. Green/Innovative Design Section 420.9075(3)(d),F.S.The City of Miami Gardens will carry out rehabilitation activities that will conserve energy and water, including but not limited to the replacement of central air conditioning systems with updated energy efficient models, installing programmable thermostats, installing water conserving water closets, installing insulation and envelope sealing. The City’s Housing Rehabilitation Standards also include hardening of the home to prevent any damages from future weather related forces. Special Housing Needs: Section 420.9075(1)(a), F.S.The City of Miami Gardens has identified that there are many elderly and disabled residents that are in need of accommodations beyond the regular rehabilitation improvements. This includes such items as grab bars, ramps, usable kitchens and bathrooms, accessible doors and switches, etc. The Department makes a concerted effort to identify these needs at the time of the initial inspection. 1.1. Fiscal Years Covered: The strategy identifies in this section will cover the following fiscal years: 2007/2008, 2008/2009, 2009/20102010/2011, 2011/2012, 2012/2013. 1.2. Income Categories to be served: • Extremely Low Income (up to 30% of the MSAMI) • Very Low Income (up to 50% of the MSAMI) • Low Income (up to 80% of the MSAMI) • Moderate Income (up to 120% of the MSAMI) Page 129 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -10 -1.3. Maximum award is noted on the Housing Delivery Goals Charts: Residents meeting the selection criteria will be awarded assistance of up to a maximum of $35,000. 1.4. Terms, Recapture and Default: Financial assistance under the SHIP Emergency Rehabilitation Program will be provided to eligible homeowners in the form of a zero percent (0%), five (5) year deferred payment loan. There are no monthly payment requirements associated with this loan. There is no amortization on this loan. As long as the recipient continues to own the assisted property and live in the property as their principal residence during the term of the mortgage, then the loan will not have to be repaid. Repayment of the full principal balance of the loan is required if the property receiving the financial assistance is rented, leased or sold during the life of the loan. If sold after the five (5) year term, no repayment is required. If sold after the five ((5) year term, no repayment is required. Otherwise the principal balance will be forgiven at maturity. Homeowners that qualify and receive assistance must execute a Mortgage and Note that will be recorded in the public records of Miami-Dade County for compliance with the recapture provisions for the program. Default of the loan occurs if the Mortgagor no longer resides in the home as the principal residence, or if any part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntary, by operation of law or otherwise, or if the Mortgagor is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the property, or if the Property is leased or rented. In the event of death of all eligible homeowner(s), the heirs to the property can assume the obligation based on the original terms and conditions provided to the homeowner as long as the heirs qualify based on income and household size, remain owner occupants of the property and do not sell or rent the property for the remaining term of the Mortgage and Note. An heir or prospective purchaser who does not qualify based on the provisions of this strategy will be required to repay the full loan amount as provided by the City of Miami Gardens. A subordination of this deferred payment mortgage will only be approved under the guidelines of the City’s Subordination Policy. All repayments from this program shall be considered Program Income. 1.5. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as outlined below. Eligible housing includes single family homes, town houses, twin homes Page 130 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -11 -and condominiums only. Manufactured housing and mobile homes are not eligible for assistance under this program. Applications will be processed on a first-ready first-served basis from all applicants meeting the selection criteria, subject to funding availability and in such a manner as to comply with the statutory requirements. Other selection criteria will include the following: • The property shall consist of an owner-occupied residential unit. • Preference will be given to eligible handicapped/disabled and elderly (62 years or older) households and homeowners. • The property must be located in the corporate city limits of the City of Miami Gardens. 􀁺 The market value of the home, as indicated by the Miami-Dade Property Appraiser, may not exceed the maximum sales price allowed under the SHIP Program. • The property must require needed repairs to meet the decent, safe and sanitary standard conditions. • The applicant may not be delinquent on property taxes or any debt owed to the City of Miami Gardens or Miami-Dade County. 1.6. Sponsor Selection Criteria: The City of Miami Gardens intends to administer this program. However, if the need for a sponsor should arise, the City of Miami Gardens will use a Request for Proposals process in accordance with Chapter 67-37.005(6) b (7) of the Florida Administrative Code to select an eligible sponsor. Eligible persons, sponsors or other recipients of assistance under this program will be required to contractually commit and comply with all SHIP Program requirements. 2. Name of the Strategy: Emergency Rehabilitation Program Summary of the Strategy: The Emergency Rehabilitation Program will provide emergency repair assistance to extremely low, very low, low and moderate income owner occupied single-Page 131 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -12 -family homes located within the corporate limits of the City of Miami Gardens. The City will provide deferred payment loan assistance to eligible homeowners to carry out limited repairs such as roofing, electrical and plumbing to immediately rectify life hazardous and potentially dangerous conditions that threaten the safety and health of the occupants of the home. 2.1. Fiscal Years Covered: The strategy identified in this section will cover the following fiscal years: 2010/2011, 2011/2012, 2012/2013. 2007/2008, 2008/2009, 2009/2010 2.2. Income Categories to be served: • Extremely Low Income (up to 30% of the MSAMI) • Very Low Income (up to 50% of the MSAMI) • Low Income (up to 80% of the MSAMI) 2.3. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award under this strategy will be $15,000. 2.4. Terms, Recapture and Default: Financial assistance under the SHIP Emergency Rehabilitation Program will be provided to eligible homeowners in the form of a zero percent (0%), five (5) year deferred payment loan. There are no monthly payment requirements associated with this loan. There is no amortization on this loan. As long as the recipient continues to own the assisted property and live in the property as their principal residence during the term of the mortgage, then the loan will not have to be repaid. Repayment of the full principal balance of the loan is required if the property receiving the financial assistance is rented, leased or sold during the life of the loan. If sold after the five (5) year term, no repayment is required. Otherwise the principal balance will be forgiven at maturity. Homeowners that qualify and receive assistance must execute a Mortgage and Note that will be recorded in the public records of Miami-Dade County for compliance with the recapture provisions for the program. Default of the loan occurs if the Mortgagor no longer resides in the home as the principal residence, or if any part part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntary, by operation of law or otherwise, or if the Mortgagor is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the property, or if the Property is leased or rented. Page 132 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -13 -In the event of death of all eligible homeowner(s), the heirs to the property can assume the obligation based on the original terms and conditions provided to the homeowner as long as the heirs qualify based on income and household size, remain owner occupants of the property and do not sell or rent the property for the remaining term of the Mortgage and Note. An heir or prospective purchaser who does not qualify based on the provisions of this strategy will be required to repay the full loan amount as provided by the City of Miami Gardens. A subordination of this deferred payment mortgage will only be approved under the guidelines of the City’s Subordination Policy. All repayments from this program shall be considered Program Income. 2.5. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as outlined below. Eligible housing includes single family homes, town houses, twin homes and condominiums only. Manufactured housing and mobile homes are not eligible for assistance under this program. Applications will be processed on a first-ready first-served basis from all applicants meeting the selection criteria, subject to funding availability and in such a manner as to comply with the statutory requirements. Other selection criteria will include the following: 􀁺 The property shall consist of an owner-occupied residential unit. 􀁺 Preference will be given to eligible handicapped/disabled and elderly (62 years or older) households and homeowners. 􀁺 The property must be located in the corporate city limits of the City of Miami Gardens. 􀁺 The market value of the home, as indicated by the Miami-Dade Property Appraiser, may not exceed the maximum sales price allowed under the SHIP Program. 􀁺 The property must have condition that proves to be of a hazardous nature or potentially dangerous condition and that requires needed repairs such as roofing, electrical and plumbing to meet the decent, safe and sanitary standard. 􀁺 The applicant may not be delinquent on property taxes or on any debt owed to the City of Miami Gardens and Miami-Dade County. Page 133 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -14 -2.6. Sponsor Selection Criteria: The City of Miami Gardens intends to administer this program. However, if the need for a sponsor should arise, the City of Miami Gardens will use a Request for Proposals process in accordance with Chapter 67-37.005(6)(b)7 of the Florida Administrative Code to select an eligible sponsor. Eligible persons, sponsors or other recipients of assistance under this program will be required to contractually commit and comply with all SHIP Program requirements. 4. Name of the Strategy: Homeownership Assistance Program Summary of the Strategy: The City of Miami Gardens through the Homeownership Assistance Program will provide down payment and closing cost assistance to eligible persons and households who are first time homebuyers, defined as persons not owning a home within the last 3 years, to purchase a newly constructed or existing residential property within the City of Miami Gardens. The strategy will be available to assist extremely low, very low, low and moderate income residents to purchase a single family home, town home, twin home or condominium. 4.1. Fiscal Years Covered: The strategy identified in this section will cover the following fiscal years: 2010/2011, 2011/2012, 2012/2013. 2007/2008, 2008/2009, 2009/2010. 4.2. Income Categories to be served: • Extremely Low Income (up to 30% of the MSAMI) • Very Low Income (up to 50% of the MSAMI) • Low Income (up to 80% of the MSAMI) • Moderate Income (up to 120% of the MSAMI) 4.3. Maximum award as noted on the Housing Delivery Goals Charts: Residents meeting the selection criteria will be awarded a maximum amount of $20,000 to be used towards down payment and closing costs. 4.4. Terms, Recapture and Default: Financial assistance to be provided under the Homeownership Assistance Program will be provided to eligible homeowners in the form of a zero percent Page 134 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -15 -interest, thirty (30) year loan. The amount of assistance will be determined by the lender qualifying the applicant. The initial $10,000.00 will be provided in form of a 30 year, 0% interest loan with the payment due at maturity. If the homeowner has continued living in the residence through maturity, the balance will be forgiven and the Note considered satisfied. Any additional funding after the initial $10,000.00 will be provided in form of a 30 year 0% repayable loan. There will be 360 equal monthly payments. Repayment of the full principal balance of the loan is required if the property receiving the financial assistance is rented, transferred or sold during the life of the loan. Homeowners that qualify and receive assistance must execute a Mortgage and Note that will be recorded in the public records of Miami-Dade County for compliance with the recapture provisions for the program. In the case of sale or transfer of the unit, the City will be repaid by the borrower as per the following schedule: i. 0 – 5 years – 100% of both the City’s loan balance and the pro-rata share of the net appreciation (gain) is due to the City. ii. 6 – 10 years – 100% of the loan balance and 50% of the pro-rata share of the net appreciation (gain) is due to the City. iii. 11 – 30 years – 100% of the loan balance is due to the City. The City will not share in the appreciation after the 10th year. 0 to 3 years – 100% of the City’s assistance and the pro rata share of the shared appreciation (gain). 3 to 30 years – On the 3rd year, 100% of the City’s assistance and 85% of the City’s pro rata share of the shared appreciation, and the borrower receives 15%. Thereafter, the borrower receives additional 5% of the City’s pro rata share annually, reducing the City’s share by the same percentage The above appreciation sharing proposal will terminate in foreclosure; however, the city will require lenders to provide us a right of first refusal to purchase the loan at a negotiated price. In the event of death of all eligible homeowner(s), the heirs to the property can assume the obligation based on the original terms and conditions provided to the homeowner as long as the heirs qualify based on the original terms and conditions provided to the homeowner as long as the heirs qualify based on age, income and household size, remain owner occupants of the property and do not sell or rent the property for the remaining term of the mortgage and note. An heir or prospective Page 135 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -16 -purchaser who does not qualify based on the provisions of this strategy will be required to repay the balance of the outstanding loan amount provided by the City of Miami Gardens. A subordination of this deferred payment mortgage will only be approved under the guidelines of the City’s Subordination Policy. All repayments from this program shall be considered Program Income. 4.5. Recipient Selection Criteria: Applications will be processed from an established waiting list on a first-come, first-ready, first-serve basis from applicants meeting the selection criteria, subject to funding availability and in such a manner as to comply with the statutory requirements. Other selection criteria will include the following: • The property must be located in the corporate city limits of the City of Miami Gardens. • The purchase price of the home may not exceed the maximum sales price allowed under the SHIP Program. • The property must meet safe and sanitary standard conditions at closing or funds must be held in escrow to bring it to safe and sanitary standards after the closing. • The applicant may not be delinquent on any debt owed to the City of Miami Gardens or Miami-Dade County. • Applicants purchasing Manufactured or Mobile homes are not eligible for funding under this strategy. 4.6. Sponsor Selection Criteria: The City of Miami Gardens intends to administer this program. However, if the need for a sponsor should arise, the City of Miami Gardens will use a Request for Proposals process in accordance with Chapter 67-37.005(6)b(7) Florida Administrative Code to select an eligible sponsor. Eligible persons, sponsors or other recipients of assistance under this program will be required to contractually commit and comply with all SHIP Program requirements. 5. Name of the Strategy: Florida Homebuyer Opportunity Program Summary of the Strategy: Page 136 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -17 -This strategy is designed in response to the legislative proviso requiring SHIP local governments to expend 2009-2010 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit created through the American Recovery and Reinvestment Act of 2009 by providing subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid by the income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. The state program shall be call the “Florida Homebuyer Opportunity Program.” 5.1. Fiscal Years Covered: The strategy identified in this section will cover 2009/2010 or until expiration of the Florida Homebuyer Opportunity Program Tax Credit. 5.2. Income Categories to be served: • Up to $75,000 for single taxpayers • Up to $150,000 for joint filers There is no requirement to reserve 30 30 percent of the funds for awards to very-lowincome persons or 30 percent of funds for awards to low-income persons; and there is no requirement to expend 75% of funds for construction, rehabilitation or emergency repair. 5.3. Maximum Award: The principal balance of the loans provided shall not exceed 10% of the purchase price or $8,000 whichever is less. 5.4. Terms, Recapture and Default: • The City of Miami Gardens will provide the award in form of a deferred payment loan, accruing interest at an annual rate of six percent (6%) from the closing date of the loan. • The loan will be secured by a Subordinate Mortgage Lien recorded on the home being purchased. • If repayment is made by the homebuyer within 18 months after the closing date of the loan, all interest charges will be waived and the City will satisfy the Mortgage Lien. • If repayment is not received within the 18 months, the balance due will continue to accrue interest at an annual rate of six percent (6%). Page 137 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -18 -• Beginning the 37th month, if payment has not been received, the homeowner will be required to begin making monthly payments towards the balance due. • The payments will consists of principal and interest and will be based on a 60 month amortization schedule. • If the homeowner ceases to own or occupy the home as their primary residence, the City will consider this a default of the contract terms and demand payment in full plus any outstanding interest due. • All funds repaid to the City of Miami Gardens shall be considered “program income” as defined in s. 420.9071(24). 5.5. Recipient Selection Criteria: Recipients must meet the requirements of the following: The maximum income limit shall be the Adjusted Gross Income of $75,000 for single taxpayer households or $150,000 for joint filing taxpayer households which is equal to that permitted by the American Recovery and Reinvestments Act of 2009. Page 138 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -19 -Section III. INCENTIVE STRATEGIES Page 139 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -20 -III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. 1. Expedited Permitting Process The processing of approvals for Development Orders or Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. . Established Policy and Procedures: The City of Miami Gardens has implemented a process that will eliminate any delay in the review of affordable housing development projects permit applications. These applications will be prioritized from other type of project applications in order to ensure expediting the projects. 2. Development Impact Fee Waiver /Exemption The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Established Policy and Procedures Housing projects will receive a waiver or reduction of impact fees when developing affordable housing units. For the developer to secure the waiver or reduction of the impact fees, the Department of Community Development must be able to certify that the proposed housing project/unit(s) are affordable to either very-low, low and median income families and individuals. Such waivers or reductions must be approved by the City Council. 3. Density Bonus The allowance of increase density levels for affordable housing. Established Policy and Procedures Affordable housing residential and planned development projects may receive a density bonus based on an analysis of affordability, site characteristics and proposed project specifics. This analysis will be conducted in coordination with the Department of Community Development and the Department of Planning and Zoning. 4. Infrastructure Capacity The reservation of infrastructure capacity for housing for very-low-income persons and low-income persons. Page 140 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -21 -Established Policy and Procedures The City of Miami Gardens has a Concurrency Management System that tracks potable water, sanitary sewer, solid waste, traffic, and park and drainage capacities. This System will ensure that there is always infrastructure capacity available for affordable housing projects. 5. Accessory Single Family Dwelling Units The allowance of affordable accessory residential units in the residential zoning districts. Established Policy and Procedures The construction of an accessory dwelling unit on a residentially zoned lot is permitted subject to the provisions established by the City of Miami Gardens Land Development Regulations. This makes available inexpensive dwelling units to meet the needs of elderly and single very-low and low income individuals. 6. Reduction of Parking and Setback Requirements The reduction of parking and setback requirements for affordable housing. Established Policy and Procedures Affordable housing projects are afforded an opportunity to receive a reduction in parking and setback requirements by the City of Miami Gardens. Requests for reduction of parking and setback requirements in relation to the development of affordable housing must be developed following the standards established in the Land Development Regulations. 7. Zero-Lot-Line and Street Requirement Allowance The allowance of zero-lot-line configurations for affordable housing. Established Policy and Procedures The City of Miami Gardens has in its Land Development Regulations a plan for zero-lot-line development and allowances toward street requirements for affordable housing projects. The proposed project applications are reviewed by the Department of Planning and Zoning. The Department of Community Development will be responsible for certifying the extent to which the project is affordable. 8. Ongoing Review Process The establishment of a process by which local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Page 141 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -22 -Established Policy and Procedures The City of Miami Gardens has adopted policies which state that any regulation being proposed that could potentially increase the estimated housing cost per unit, will be reviewed by the Department of Planning and Zoning and the Department of Code Enforcement. These groups will consider the effect of the proposed activity and its effects on the cost of housing prior to their recommendation to the City Council. City Council will consider the financial impact before making its decision on adopting the proposed regulation. 9. Surplus City Owned Land Inventory The preparation of a printed inventory of locally owned public lands suitable for affordable housing. Established Policy and Procedure The City of Miami Gardens Department of Community Development will maintain an inventory of all surplus City-owned land and foreclosed properties that could be used for affordable housing. The City will make this list available to all for-profit and not-for-profit affordable housing developers. 10. Affordable Housing Advisory Committee The City of Miami Gardens has established an Affordable Housing Advisory Committee to review its housing policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government. They will be asked to recommend specific initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The composition of this committee will be in accordance with the F.S. 420.9072 and appointed by the City’s Council Members, the committee members and their terms will be adopted by way of Resolution. If the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing either because of the presence of a conflict of interest by prospective appointees, or any other reasonable factor, the City will appoint a citizen engaged in the activity without regard to affordable housing, as allowed by statute. Page 142 of 203 City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -23 -EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (f) F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30th, one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005(7), F.A.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2)(b)2, F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.9072(3)(a), F.S. Exhibit G. H. Ordinance: Section 420.9076 F.S. Exhibit H. I. Interlocal Agreement: Section 420.9072, F.S. N/A Page 143 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 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 Mayor Gibson Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING THE MIAMI GARDENS COMMUNITY CENTER TO THE “MIAMI GARDENS RECREATIONAL COMPLEX”; AND NAMING THE RECREATIONAL BUILDING THE “BETTY T. FERGUSON COMMUNITY CENTER;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Summary: Former Miami-Dade County Commissioner, Mrs. Betty T. Ferguson has been instrumental in ensuring that the Miami Gardens Community Center would be located within the City and that funding assistance from the County to the City for completion of the construction of the Center would be available. In addition she has demonstrated a tireless commitment to the Miami Gardens area, even before it was a City through a number efforts including but not limited to being instrumental in the creation of the Carol City Police Station #9, the Bunch Park Fire Station, the Honey Hill Fire Station, funding for the development of more than 12 Million Dollars for the Miami Gardens Community Center, 20 Million directed to District One for drainage and sidewalk, and the recreation center at Carol City Park. City Council formally changed the name of the property located at 3000 NW 199 Street from Carol City Community Center to the Miami Gardens Community Center on March 18, 2008. In order to provide clear instruction to staff with respect to the naming of the park, it is recommended that City Council rename the entire facility the Miami Gardens Recreational Complex. Mayor Shirley Gibson further recommends the recreational building within the Miami Gardens Recreational Complex (aka Miami Gardens Community Center) be named in honor of Mrs. Betty T. ITEM K-1) RESOLUTION Renaming the Miami Gardens Community Center Page 144 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Ferguson’s for her tireless efforts in the community. This Resolution will not prohibit the City from naming other portions of the Complex, including the track and the amphitheatre in honor of other individuals or entities. Proposed Action: It is being recommended that the City Council approve the attached Resolution. Attachment: Page 145 of 203 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. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING THE MIAMI GARDENS COMMUNITY CENTER TO THE “MIAMI GARDENS RECREATIONAL COMPLEX”; AND NAMING THE RECREATIONAL BUILDING THE “BETTY T. FERGUSON COMMUNITY CENTER;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Betty T. Ferguson was born on January 28, 1945 in Miami, Florida, and WHEREAS, she is the widow of the late U.S. District Court Judge Wilkie D. Ferguson, Jr. and the mother of two children, a daughter, Tawnicia Rowan, and a son, Wilkie Ferguson, III, and WHEREAS, Mrs. Ferguson attended Miami-Dade County Public Schools, earning a Bachelor of Science Degree from Florida A & M University, a Master’s Degree in Speech Pathology and Audiology from Ohio State University and was awarded an Honorary Doctorate of Humane Letters in 1996 by Florida Memorial College, and WHEREAS, Mrs. Ferguson started her teaching career as a professor at Howard University in 1967, later taught at Florida Memorial College and Miami-Dade Community College, and WHEREAS, Mrs. Ferguson was first elected to office in 1993 and was re-elected twice without opposition, having served as the District One Commissioner for eleven (11) years. On March 16, 2004 she announced her decision not to seek a fourth term, and WHEREAS, Mrs. Ferguson initiated many positive changes in District One, including Carol City Police Station #9, the Bunch Park Fire Station, the Honey Hill Fire 1 Page 146 of 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Station, funding for the development of more than 12 Million Dollars for the Miami Gardens Community Center, 20 Million directed to District One for drainage and sidewalk improvements and safe routes to school, a recreation center at Carol City Park, Metrobus circulation service, One Million Dollars Life Support Initiative to provide grants to needy qualified municipal retail water and sewer customers, the creation of the new City of Miami Gardens, and Sewer Infrastructure Improvements to a two-mile stretch of Miami Gardens Drive, and WHEREAS, Mrs. Ferguson was the lead plaintiff in the lawsuit that created district elections of County Commissioners in Miami-Dade County, and WHEREAS, Mrs. Ferguson has been honored numerous times for her leadership, courage, service and dedication to the community, and WHEREAS, Mrs. Ferguson has received, among others, the following awards: “Woman of Impact” 1995 from the Community Coalition for Women’s History, Inc., “Sister of the Year” 1995 from the Concerned African Women, Inc., and Distinguished Educator from the Miami Alumnae Chapter of Delta Sigma, and WHEREAS, former Miami-Dade County Commissioner, Betty T. Ferguson, was instrumental in ensuring that the Miami Gardens Community Center would be located within the City and that funding assistance from the County to the City for completion of the construction of the Center would be available, and WHEREAS On March 18, 2008 the City Council renamed the property located at 3000 NW 199 Street, the Miami Gardens Community Center, and 2 Page 147 of 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS it is the intent of this resolution to change the name of the entire property located at 3000 NW 199 Street from the Miami Gardens Community Center to the Miami Gardens Recreational Complex, and WHEREAS, in light of Ms. Ferguson’s tireless commitment to Miami-Dade County, but in particular to Miami Gardens, the City Council would like to honor her by naming the building within the Miami Gardens Recreational Complex in her honor, and WHEREAS the building shall be known as the Betty T. Ferguson Community Center, and WHEREAS, this resolution will not preclude the City from naming other portions of the Miami Gardens Recreational Complex, including the amphitheater and the track in honor of other individuals of entities, 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 renaming of the Miami Gardens Community Center to the “Miami Gardens Recreational Complex” and naming the recreational building the “Betty T. Ferguson Community Center.” 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 May 12, 2010. 3 Page 148 of 203 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 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: MAYOR SHIRLEY GIBSON MOVED BY:_____________________ VOTE: _____ 26 Mayor Shirley Gibson (Yes) ___(No) 27 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 28 Councilman Melvin L. Bratton (Yes) ___(No) 29 Councilman Oliver Gilbert, III (Yes) ___(No) 30 Councilwoman Barbara Watson (Yes) ___(No) 31 Councilwoman Sharon Pritchett (Yes) ___(No) 32 Councilman André Williams (Yes) ___(No) 33 34 35 Page 149 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 André Williams Department: Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2010-80-1262 WHICH AUTHORIZED THE CITY MANAGER TO UNDERTAKE A FORMAL PROCESS FOR THE SOLICITATION OF PROPOSALS RELATING TO THE CITY OF MIAMI GARDENS TOWN CENTER DEVELOPMENT, TO BROADEN THE TYPES OF PROPOSALS THAT MAY BE ACCEPTED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On April 28, 2010, the City Council approved Resolution No. 2010-80-1262, which authorized the City Manager to undertake a formal process for solicitations with respect to development of the Town Center Project. The prior Resolution adopted by the City Council requires that the solicitations be broad enough to include proposals that are inclusive of the City Hall site (old Wachovia site), and will require that all proposals have either the ability to gain ownership or have current ownership of other parcels within the designated Town Center, not currently owned by the City. Councilman Williams believes that the aforementioned language, favors the current owner of the property located at the corner of Northwest 27th Avenue and Northwest 183rd Street, as well as MGTC, ITEM K-2) RESOLUTION Amending Resolution No. 2010-80-1262 Page 150 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 LLC, which previously submitted an unsolicited proposal to the City Council, and he has expressed in prior City Council meetings, a level of discomfort with focusing the City’s efforts on one group or one property. Councilman Williams would like to amend the language to make it broad enough include proposals that are inclusive of the City Hall site (old Wachovia site), and possibly the surrounding properties; and recommends that all principal respondents be required to demonstrate not only their experience developing mixed use urban projects, but that they also have the financial ability and resources necessary in order to finance any new development. He also recommends that the solicitation provide for the following: 1. That the City will select a qualified developer/builder that will be invited to enter into a public/private partnership for the development of property within the Town Hall center area including the proposed City Hall Site; 2. That the developer/builder be required to demonstrate financial capabilities and resources as well as identify capital sources and lender relationships. Developer will be required to finance the development of any mixed use or commercial developments; and 3. That the City reserve the right to modify or cancel the solicitation process at any time prior to entering into a contract with a developer/builder, Additionally, in an effort to broaden the pool of potential proposals, Councilman Williams recommends that the limitations outlined in Resolution No. 2010-80-1262 which require that the bids be limited to the Wachovia site, be omitted and instead, that proposers be permitted to include any property owned by the City in the Town Center area. Proposed Action: Councilman Williams is recommending that the City Council amend Resolution No. 2010-80-1262 as stated herein. Attachment: Resolution No. 2010-80-1262 Page 151 of 203 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2010-80-1262 WHICH AUTHORIZED THE CITY MANAGER TO UNDERTAKE A FORMAL PROCESS FOR THE SOLICITATION OF PROPOSALS RELATING TO THE CITY OF MIAMI GARDENS TOWN CENTER DEVELOPMENT, TO BROADEN THE TYPES OF PROPOSALS THAT MAY BE ACCEPTED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 28, 2010, the City Council adopted Resolution No. 2010-80-1262, which authorized the City Manager to take any and all steps necessary to undertake a formal process for the solicitation of proposals relating to the City of Miami Gardens Town Center Development, and WHEREAS, the prior Resolution adopted by the City Council requires the following: “The solicitation should be broad enough to include proposals that are inclusive of the City Hall site (old Wachovia site), and will require that all proposals have either the ability of gain ownership or have current ownership of other parcels within the designated Town Center, not currently owned by the center.” WHEREAS, Councilman Williams, believes that the aforementioned language favors the current owner of the property located at the corner of Northwest 27th Avenue and Northwest 183rd Street, as well as MGTC, LLC, which previously submitted an unsolicited proposal to the City Council, and WHEREAS, Councilman Williams has previously expressed in prior meetings relating to the development of the City Hall Project, a discomfort with focusing the City’s efforts with one group, and he believes that the City’s 1 Page 152 of 203 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 solicitations should be broad enough to encourage other bidders who do not own any property in the Town Center to bid on the Project, and WHEREAS, Councilman Williams would like to amend the language to make it broad enough include proposals that are inclusive of the City Hall site (old Wachovia site), and possibly the surrounding properties; and recommends that all principal respondents be required to demonstrate not only their experience developing mixed use urban projects, but that they also have the financial ability and resources necessary in order to finance any new development, and WHEREAS, Councilman Williams also recommends that the solicitation provide for the following: 1. That the City will select a qualified developer/builder that will be invited to enter into a public/private partnership for the development of property within the Town Hall center area including the proposed City Hall Site; 2. That the developer/builder be required to demonstrate financial capabilities and resources as well as identify capital sources and lender relationships. Developer will be required to finance the development of any mixed use or commercial developments; and 3. That the City reserve the right to modify or cancel the solicitation process at any time prior to entering into a contract with a developer/builder, WHEREAS, Councilman Williams further recommends that the limitations outlined in Resolution No. 2010-80-1262 which require that the bids be limited to the Wachovia site be omitted, and instead that proposals be permitted to include any property owned by the City in the Town Center area, and WHEREAS, Councilman Williams suggests that the requirement that the proposers bring other property not owned by the City, be eliminated to permit for a broader range of possible responses, 2 Page 153 of 203 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 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 an amendment to Resolution No. 2010-80-1262 which authorized the City Manager to undertake a formal process for the solicitation of proposals relating to the City of Miami Gardens Town Center Development, to broaden the types of proposal that may be accepted. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 3 Page 154 of 203 4 1 2 3 4 5 6 7 8 9 10 11 SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS MOVED BY:_____________________ VOTE: _____ 12 Mayor Shirley Gibson (Yes) ___(No) 13 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 14 Councilman Melvin L. Bratton (Yes) ___(No) 15 Councilman Oliver Gilbert, III (Yes) ___(No) 16 Councilwoman Barbara Watson (Yes) ___(No) 17 Councilwoman Sharon Pritchett (Yes) ___(No) 18 Councilman André Williams (Yes) ___(No) 19 20 21 Page 155 of 203 Page 156 of 203 Page 157 of 203 Page 158 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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: Neighborhood ilization ram (NS Stab Prog P) 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, AMENDING THE CITY’S NEIGHBORHOOD STABILIZATION PROGRAM (“NSP”) TO DEOBLIGATE THE SUM OF ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS AND 70/100 CENTS ($1,716,529.70) THAT WAS PREVIOUSLY AWARDED TO DIAMOND POINT AT MIAMI GARDENS, LLC; TRANSFERRING THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) TO BE DIVIDED IN EQUAL PARTS OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FROM ACTIVITY #5 SUBSIDY ASSISTANCE FOR BUYERS OF PURCHASED PROPERTIES, TO ACTIVITY #3 PURCHASE OF FORECLOSED PROPERTIES FOR RESALE AND FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO ACTIVITY #4 REHABILITATION OF UNITS FOR RESALE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background In response to the national foreclosure crisis, the U.S. Department of Housing and Urban Development (HUD) provided Neighborhood Stabilization funds to assist local governments to acquire abandoned and foreclosed upon properties for demolition, rehabilitation, and sale in areas of greatest need. The purpose of the Neighborhood Stabilization Program (NSP) is to revitalize and stabilize these impacted communities. The City of Miami Gardens received $6,866,119.02. ITEM L-1) RESOLUTION PUBLIC HEARING Amending the Neighborhood Stabilization Program Page 159 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 On November 12, 2008 the City Council approved the City’s NSP Plan, which outlined the activities that would be carried out by the City for this program. The following are the approved activities (and corresponding budget) reflected in the City’s plan: Activity Budget 1. Purchase and rehab of foreclosed properties for housing of individuals earning up to 50% of AMI $1,716,529.70 2. Demolition of abandoned housing units $130,000.00 3. Purchase of foreclosed properties for resale $2,000,000.00 4. Rehab of units for resale $957,977.42 5. Subsidy assistance for buyers of purchased properties $1,375,000.00 6. Program Administration $686,611.90 Total NSP Funds Received $6,866,119.02 Current Situation De‐obligation of Funds On May 27, 2009 the City Council adopted Resolution No. 2009‐105‐1050 awarding $1,716,529.70 to Diamond Point at Miami Gardens, LLC (Diamond Point) to carry out Activity #1 (Purchase and rehab of foreclosed properties for housing of individuals earning up to 50% of AMI). Diamond Point’s proposal included a full gut rehabilitation of the property located at 17300 NW 7th Avenue (the old Parkway Hospital Building) and converting it into an Assisted Living Facility for the very low income elderly population. The total cost of the project exceeded the $1,716,529.70 that was awarded by the City, and Diamond Point had 120 calendar days from the date of the award to fill project funding gaps. Diamond Point was unable to secure the needed financing to fill the funding gaps, therefore the project is no longer practicable within the NSP program guidelines. The NSP Program includes strict time constraints to obligate (18 months) and expend (36 months) NSP funds. Due to these time constraints, staff is asking the City Council to de‐obligate the $1,716,529.70 that was awarded to Diamond Point, in order to be able to use these funds to purchase and rehab abandoned and foreclosed properties that will be used to house individuals and families that are at or below 50% of AMI, or sold to households that are at or below 50% of AMI. New Activity – Redevelopment of vacant lands The City’s NSP Plan budgeted $130,000 of NSP funds for demolition of abandoned housing units. The Department of Community Development has been working closely with the Building and Code Enforcement Department to identify properties that are blighted and pose a health and safety risk to the community. Staff proposes to acquire these properties through administrative foreclosure and use up to $130,000 of NSP funds to demolish the blighted structures. Additionally, the City, as required by HUD, intends to redevelop these vacant properties at a later date. The City can use NSP funds to redevelop a property that is vacant or has been demolished. In order for the City to be able to redevelop these vacant properties with NSP funds or NSP program income, the City must add an Activity to our NSP plan. The proposed activity is “Redevelopment of vacant lands” and will not include a budget at this time. Instead this activity will be funded at a later time by NSP program income that will be generated by the resale of acquired and rehabilitated properties. Please Note – raw land is not eligible for redevelopment under NSP. The property must have been previously developed and is currently vacant. Page 160 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Budget Adjustment The City’s NSP Plan budgeted $1,375,000 for subsidy assistance for buyers of purchased properties. The Department of Community Development is proposing to move $1,000,000 from activity #5 (Subsidy assistance for buyer of purchased properties) into activities #3 (Purchase of foreclosed properties for resale) and #4 (Rehab of units for resale). The budget adjustments will be as follows: Activity Reduction Increase #3 – Purchase of foreclosed properties for resale $500,000 #4 – Rehab of units for resale $500,000 #5 – Subsidy assistance for buyers of purchased properties $1,000,000 Totals $1,000,000 $1,000,000 The NSP has a strict deadline of September 2, 2010 to obligate program funds. In an effort to comply with this requirement, CD staff is recommending that the $1,000,000 for direct subsidy assistance be used instead to purchase and rehab foreclosed properties for resale, and that an indirect subsidy be offered to homebuyers in the form of a reduced price on the resale of the homes purchased with NSP funds. By doing this, the City will be able to purchase and rehab more abandoned and foreclosed properties and obligate the funds by the September 2, 2010 deadline. A resolution is needed in order to de‐obligate the $1,716,529.70 that was awarded to Diamond Point at Miami Gardens, LLC, and to amend the NSP Plan to add the activity “Redevelopment of vacant lands” and reflect the $1,000,000 budget adjustment. Proposed Action: Staff recommends the approval of the proposed resolution de‐obligating the award of $1,716,529.70 to Diamond Point at Miami Gardens, LLC, and amending the City’s NSP Plan to add the activity “Redevelopment of vacant lands” and reflect the $1,000,000 budget adjustment, and authorizing the City Manager to submit the amendment to HUD. Attachments: • Resolution No. 2009‐105‐1050 – Award of $1,716,529.70 to Diamond Point at Miami Gardens, LLC Page 161 of 203 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S NEIGHBORHOOD STABILIZATION PROGRAM (“NSP”) TO DEOBLIGATE THE SUM OF ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS AND 70/100 CENTS ($1,716,529.70) THAT WAS PREVIOUSLY AWARDED TO DIAMOND POINT AT MIAMI GARDENS, LLC; TRANSFERRING THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) TO BE DIVIDED IN EQUAL PARTS OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FROM ACTIVITY #5 SUBSIDY ASSISTANCE FOR BUYERS OF PURCHASED PROPERTIES, TO ACTIVITY #3 PURCHASE OF FORECLOSED PROPERTIES FOR RESALE AND FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO ACTIVITY #4 REHABILITATION OF UNITS FOR RESALE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was awarded Six Million, Eight Hundred Sixty-Six Thousand, One Hundred Nineteen Dollars and 02/100 100 Cents ($6,866,119.02) in accordance with the Neighborhood Stabilization Program (“NSP”), and WHEREAS, on November 12, 2008, the City Council approved the City’s NSP Plan which outlined the activities that would be carried out by the City for the Program, and WHEREAS, included in the activities outlined by the City, was the sum of One Million, Seven Hundred Sixteen Thousand, Five Hundred Twenty Nine Dollars and 70/100 Cents ($1,716,529.70) under Activity #1 to be used with the rehabilitation of foreclosed properties, and WHEREAS, additionally, the City has allotted the sum of Two Million Dollars ($2,000,000.00) for the purchase of foreclosed properties for resale, and 1 Page 162 of 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, on May 27, 2009, the City Council adopted Resolution No. 2009-105-1050 and awarded the sum of One Million, Seven Hundred Sixteen Thousand, Five Hundred Twenty Nine Dollars and 70/100 Cents ($1,716,529.70) to Diamond Point in Miami Gardens, LLC (“Diamond Point”), to carry out Activity #1 (Purchase and Rehabilitation of Foreclosed Properties), and WHEREAS, the total cost of the Project exceeded the amount awarded by the City Council to Diamond Point for this purpose, and WHEREAS, Diamond Point was unable to secure the additional funding, therefore, the Project is no longer practical within the NSP guidelines, and WHEREAS, City staff is recommending that the City Council de-obligate the One Million, Seven Hundred Sixteen Thousand, Five Hundred Twenty Nine Dollars and 70/100 Cents ($1,716,529.70) that was awarded to Diamond Point, and move One Million Dollars ($1,000,000.00) from Activity #5 (Subsidy Assistance for Buyers of Purchased Properties) into Activity #3 (Purchase of Foreclosed Properties for Resale) and Activity #4 (Rehabilitation of Units for Resale), WHEREAS, the NSP has a deadline of September 2, 2010 to obligate Program funds and City staff is recommending that the City Council de-obligate and transfer the funds as requested by this Resolution, 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. 2 Page 163 of 203 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 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes an amendment to the City’s Neighborhood Stabilization Program (“NSP”) to de-obligate the sum of One Million, Seven Hundred Sixteen Thousand, Five Hundred Twenty-Nine Dollars and 70/100 Cents ($1,716,592.70) previously awarded to Diamond Point at Miami Gardens, LLC. The City Council further authorizes the transfer of One Million Dollars ($1,000,000.00) to be divided in equal parts of Five Hundred Thousand Dollars ($500,000.00) from Activity #5 Subsidy Assistance for Buyers of Purchased Properties to Activity #3 Purchase of Foreclosed Properties for Resale, and Five Hundred Thousand Dollars ($500,000.00) to Activity #4 Rehabilitation of Units for Resale. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________ ____ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER 3 Page 164 of 203 4 1 2 3 4 5 6 7 MOVED BY:_____________________ VOTE: _____ 8 Mayor Shirley Gibson (Yes) ___(No) 9 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 10 Councilman Melvin L. Bratton (Yes) ___(No) 11 Councilman Oliver Gilbert, III (Yes) ___(No) 12 Councilwoman Barbara Watson (Yes) ___(No) 13 Councilwoman Sharon Pritchett (Yes) ___(No) 14 Councilman André Williams (Yes) ___(No) Page 165 of 203 Page 166 of 203 Page 167 of 203 Page 168 of 203 Page 169 of 203 Page 170 of 203 Page 171 of 203 Page 172 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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 Development Block t – Reco y G‐R) Gran (CDB ver 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, AMENDING THE CITY’S CDBG-R SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; 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 the Recovery Act, $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 awarded $371,207 in CDBG‐R Funds. The City Council approved a Substantial Amendment to the 2008‐09 Annual Action Plan on May 27, 2009, which outlined the following projects and budget for the CDBG‐R funds: Housing Rehab (energy efficiency emphasis) $205,681 Infrastructure Improvements (existing projects) $128,405 Admin (10%) $ 37,121 Total CDBG‐R $371,207 ITEM L-2) RESOLUTION CONSENT AGENDA CDBG-R Substantial Amendment Page 173 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation Recently the City received its full award of $989,200 in Energy Efficiency and Conservation Block Grant (EECBG) funds from the Department of Energy (DOE). One of the activities that will be carried out with these funds is a Home Energy Efficiency Retrofit Program. Due to this additional funding from DOE, the Department of Community Development proposes to move $55,681.05 (or 15%) of CDBG‐R funding from the Housing Rehab (energy efficiency emphasis) activity to a Public Services activity that will be awarded at a later date through a competitive procurement process. The following is the proposed activities and budget for the CDBG‐R funds: Housing Rehab (energy efficiency emphasis) $ 150,000 Infrastructure Improvements (existing projects) $ 128,405 Public Services $ 55,681 Admin (10%) $ 37,121 Total CDBG‐R $371,207 The Code of Federal Regulations that govern CDBG Funds allows for a maximum of 15% of the total award ($371,207) to be made available for Public Services programs, in this instance, $55,681. Public Services activities can include, but are not limited to: services for seniors and youth, services for homeless individuals or families, recreational and public safety programs, and job training and creation. A resolution is needed in order to amend the CDBG‐R Substantial Amendment to move $55,681 out of Housing Rehab and into Public Services. Proposed Action: Staff recommends the approval of the proposed resolution amending the CDBG‐R Substantial Amendment and authorizing the City Manager to submit the amendment to HUD. Attachments: • CDBG‐R Substantial Amendment Page 174 of 203 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S CDBG-R SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; 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 (“Recovery Act”), and WHEREAS, the City of Miami Gardens was awarded Three Hundred Seventy-One Thousand, Two Hundred Seven Dollars ($371,207.00) in Community Development Block Grant (“CDBG-R”) funds, and WHEREAS, on May 27, 2009, the City Council approved a substantial amendment to the 2008-09 Annual Action Plan to provide for the additional sums, and WHEREAS, the City recently received an award of Nine Hundred Eighty-Nine Thousand, Two Hundred Dollars ($989,200.00) in Energy Efficiency and Conservation Block Grant (“EECBG”) from the Department of Energy, and WHEREAS, one of the activities to be carried out with the funds is a Home Energy Efficiency Retrofit Program, and WHEREAS, due to the additional funding from the Department of Energy, Staff proposes to move Fifty-Five Thousand, Six Hundred and Eighty-One Dollars and 05/100 Cents ($55,681.05), fifteen percent (15%) of the CDBG-R funding from the Housing Rehab activity to a public service entity to be awarded at a later date through a competitive procurement process, and 1 Page 175 of 203 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 WHEREAS, the rules that govern CDBG funds allow for a maximum of fifteen percent (15%) of the total award to be made available for public service programs, 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 an amendment to the City’s CDBG-R Substantial Amendment. The City Council further authorizes the City Manager to submit the amendment to the United States Housing and Urban Development. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER 2 Page 176 of 203 3 1 2 3 4 5 6 7 8 9 10 MOVED BY:_____________________ VOTE: _____ 11 Mayor Shirley Gibson (Yes) ___(No) 12 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 13 Councilman Melvin L. Bratton (Yes) ___(No) 14 Councilman Oliver Gilbert, III (Yes) ___(No) 15 Councilwoman Barbara Watson (Yes) ___(No) 16 Councilwoman Sharon Pritchett (Yes) ___(No) 17 Councilman André Williams (Yes) ___(No) 18 19 20 Page 177 of 203 Community Development Block Grant Program (CDBG‐R) Funding Under the American Recovery and Reinvestment Act of 2009 (Notice FR‐5309‐N‐01) The Annual Action Plan Substantial Amendment FY 200809 Annual Action Plan City of Miami Gardens Department of Community Development 1515 NW 167 Street, Bldg. 5, Suite 200 Miami Gardens, Florida 33169 June 4, 2009 Page 178 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 2 REVISED MAY 12, 2010 THE CDBG-R SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Miami Gardens Jurisdiction Web Address: • www.miamigardens-fl.gov/cd CDBG-R Contact Person: Daniel A. Rosemond Address: 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, FL 33169 Telephone: 305-622-8000 ext. 2380 Fax: 305-622-8046 Email: drosemond@miamigardens-fl.gov ENSURING RESPONSIBLE SPENDING OF RECOVERY ACT FUNDS Funding available under the Recovery Act has clear purposes – to stimulate the economy through measures that modernize the Nation’s infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBGR funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG-R funding. The City of Miami Gardens proposes this substantial amendment to its Program Year 2008 Annual Action plan to carry out activities in accordance with CDBG‐R program requirements. CDBG‐R funds will be utilized in two activities (housing rehabilitation & infrastructure improvements) that will promote energy efficiency and conservation and job creation. Both activities will expand on existing programs that are already in progress, but has limited fund available to complete the project. Rehabilitation will be performed to existing single‐family housing stock to benefit low income individuals and households. The housing rehab program has policies already in place with guidelines specific to contractor selections. By following the existing housing policies, the City will meet the HUD requirement of awarding contracts based on bids within 120 days from the date the funds are made available. Infrastructure improvements will be done in an area previously identified as a one of the lowest income census tracts in the City. The City will use at least 50% of the funds for activities within this designated area that can be initiated not later than 120 days after the date of the enactment of this Recovery Act. Page 179 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 3 100% of funds for the two activities will be utilized for low income population. Also, ten percent (10%) of the CDBG‐R funds will be utilized for administration of the program. A. SPREADSHEET FOR REPORTING PROPOSED CDBG-R ACTIVITIES Grantees must provide information concerning CDBG-R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD’s recovery website at http://www.hud.gov/recovery. Page 180 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 4 CDBG‐R ACTIVITY DATA SPREADSHEET Activity Name Activity Description Eligibility (Regulatory or HCDA Citation) National Objective Citation CDBG-R Project Budget ($) Additional Recovery Funds ($) Other Leveraged Funding ($) Total Activity Budget Housing Rehabilitation Rehabilitation of single family homes with emphasis on energy efficiency including but not limited to structural hardening, electrical upgrades, and plumbing repairs. 570.202 LMH $ 150,000 $0 $ 150,000 Infrastructure Improvements Expansion of existing infrastructure activities including street improvements within areas of the City that have already been identified. These improvements will include but are not limited to street drains, sidewalk repair, and streetscape. 570.201(c) LMA $128,405 $0 128,405 Program Administration Overall program management, coordination, monitoring and evaluation of activities 570.206 N/A $37,121 $0 37,121 Public Services Expansion of existing public services activities within the City, including but not limited to job training and creation. 570.201(e) LMC $55,681 $0 55,6810000000 $ 371,207 Jurisdiction/Grantee Name: City of Miami Gardens CDBG-R Fomula Grant Amount: $371,207 Date: May 12, 2010 Page 181 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 5 B. CDBG-R INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Activity # 01 ‐Housing Rehabilitation (2) Activity Narrative: Rehabilitation of single family homes with emphasis on energy efficiency and conservation including but not limited to structural hardening, electrical upgrades, and plumbing repairs. Where appropriate, construction will be performed with an emphasis on energy efficiency and materials purchased for this activity will be energy rated or recycled. 100% of the grant funds will benefit low income individuals and households. (3) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). It is estimated that approximately 5 jobs will be created through this activity. These jobs will be primarily in the area of construction. (4) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) This activity will stimulate the local economy in several ways. • Providing jobs for general contractors and subcontractors that are in our current pool of over sixty (60) contractors. Most of these entities are small business owners that have been hardest hit by the recession. • The purchase of materials from local vendors and manufacturers that have a focus on providing energy efficient products to the public. • Reduction in homeowner’s energy usage through the installation of energy efficiency products and materials. Homeowners will also benefit economically through the reduction in energy bills and insurance premiums. (5) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 182 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 6 (6) Activity Name: Activity # 02 –Infrastructure Improvements (7) Activity Narrative: The infrastructure improvements proposed in this is activity will expand an existing Bunche Park NRSA projects located in census tracts 00403‐5, 00402‐3 and 00402‐4. Improvements will include street improvements within areas of the City that have already been identified. These improvements will include but are not limited to street drains, sidewalk repair, and streetscape. 100% of the grant amount will benefit low income individuals and households. (8) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). It is estimated that approximately 4 jobs will be created through this activity. These jobs will be primarily in the area of construction. (9) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) • All work performed in this activity will be consistent with smart growth practices of creating walkable neighborhoods. • Trees will planted that will require only limited irrigation while providing maximum shading benefit to the public access areas and surrounding buildings. • Projects will be developed with an emphasis of conservation of natural resources. (10) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 183 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 7 (11) Activity Name: Activity # 03 ‐Administration and Planning (12) Activity Narrative: Overall program management, coordination, monitoring and evaluation of activities in accordance with all statutory and regulatory requirements of the CDBG‐R program and funding under the American Recovery and Reinvestment Act of 2009 (13) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs). Not applicable (14) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) Not applicable (15) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 184 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 8 (16) Activity Name: Activity #04 ‐Public Services (17) Activity Narrative: Expansion of the existing public services program being offered through the City. Particular emphasis will be placed on job training and job creation activities. These activities will assist the City of Miami Gardens in moving closer to achieving its goal of providing sustained services for the residents of Miami Gardens. (18) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). It is estimated that approximately 5 jobs will be created through this activity. These jobs will be primarily in the area of construction. (19) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) This activity will stimulate the local economy in several ways. • Providing jobs and job skills training (if needed) for unemployed residents of the City. • Contractors that are located in the City will receive preference according to the City’s purchasing code, further stimulating the local economy. (20) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 185 of 203 City of Miami Gardens CDBG‐R Substantial Amendment – rev. 5‐10 Page 9 C. PUBLIC COMMENT Provide a summary of public comments received to the proposed CDBG-R Substantial Amendment. Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods and posted on the jurisdiction’s website for no less than 7 calendar days for public comment. Response: On May 3, 2009, the City of Miami Gardens placed a Notice of Substantial Amendment in The Miami Herald, a newspaper of general circulation informing the public of a twelve (12) day comment period for the Substantial Amendment, exceeding the seven day public comment period required in the HUD Notice for the comment period. Subsequently, on May 24, 2009, a notice was placed in The Miami Herald announcing a public hearing scheduled for May 27, 2009, at which time; citizens are given another opportunity to comment on the use of the CDBG‐R funds. Additionally, the draft Substantial Amendment was posted on the City’s website at www.miamigardens‐fl.gov/cd. No public comments were received relative to the CDBG‐R Substantial Amendment at the Public Hearing or in writing. Public Comment on Amendment to the Substantial Amendment: On May 2, 2010, the City of Miami Gardens placed a Notice of Substantial Amendment and Public Hearing in the Miami Herald, a newspaper of general circulation, informing the public of a seven (7) day comment period for the Substantial Amendment and announcing a public hearing scheduled for May 12, 2010. Additionally, the draft Substantial Amendment was posted on the City’s website at www.miamigardens‐fl.gov/cd/index.html. Page 186 of 203 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 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: Homeless Prevention and Rapid Reing Prog m P) hous (HPR ra 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, AMENDING THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM SUBSTANTIAL AMENDMENT TO THE 2008-09 ANNUAL ACTION PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; 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). Congress has designated that $1.5 billion of these funds be used for the Homelessness Prevention Fund, also referred to as the Homelessness Prevention and Rapid Re‐Housing Program (HPRP), under Title XII of the Recovery Act. HPRP allows communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re‐housed and stabilized. The City of Miami Gardens was awarded $567,612 in HPRP Funds. The City Council approved a Substantial Amendment to the 2008‐09 Annual Action Plan on May 13, 2009, which outlined the following activities and budget for HPRP funds: ITEM L-3) RESOLUTION PUBLIC HEARING Ameding the Homelessness Prevention and Rapid Re-Housing Program Page 187 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 HPRP Budget Summary Homelessness Prevention Rapid Rehousing Total Amount Budgeted Financial Assistance 169,869 $100,000 $269,869 Housing Relocation and Stabilization Services $185,500 $46,260 $231,760 Subtotal (add previous two rows) $355,369 $146,260 $501,629 Data Collection and Evaluation 37,602 Administration (up to 5% of allocation) 28,381 Total HPRP Amount Budgeted $567,612 Current Situation After an initial six (6) months of administering the HPRP, the City has determined that the greatest need in Miami Gardens is in the Homelessness Prevention category. Ninety‐seven percent (30 clients) of residents assisted in the first six (6) months of the program have been under this category, and 3% (1 client) of the residents received assistance under the Rapid Re‐housing category. Therefore, in an effort to categorize the funds so that the residents of Miami Gardens will receive the most benefit, and to ensure that funds are spent expeditiously, the Department of Community Development is proposing that the budget be amended as follows: HPRP Proposed Budget Summary Homelessness Prevention Rapid Re‐housing Total Amount Budgeted Original Proposed Original Proposed Financial Assistance $169,869 $268,769 $100,000 $1,100 $269,869 Housing Relocation and Stabilization Services $185,500 $230,628 $46,260 $1,132 $231,760 Subtotal (add previous two rows) $355,369 $499,397 $146,260 $2,232 $501,629 Data Collection and Evaluation 37,602 Administration (up to 5% of allocation) 28,381 Total HPRP Amount Budgeted $567,612 A resolution is needed in order to amend the budget for the Homeless Prevention and Rapid Re‐housing Program and submit the amendment to US HUD. Proposed Action: Page 188 of 203 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff recommends the approval of the proposed resolution amending the Homeless Prevention and Rapid Rehousing Program Substantial Amendment to the 2008‐09 Annual Action Plan, and authorizing the City Manager to submit the amendment to US HUD. Attachments: • HPRP Substantial Amendment Page 189 of 203 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. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM SUBSTANTIAL AMENDMENT TO THE 2008-09 ANNUAL ACTION PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; 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 (“Recovery Act”), and WHEREAS, Congress has designated that $1.5 Billion Dollars of these funds be used for the Homeless Prevention and Rapid Re-Housing Program (“HPRP”), and WHEREAS, HPRP allows communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to quickly be re-housed and stabilized, and WHEREAS, the City of Miami Gardens was awarded Five Hundred Sixty-Seven Thousand, Six Hundred Twelve Dollars ($567,612.00) in HPRP funds, and WHEREAS, on May 13, 2009, the City Council approved a Substantial Amendment to the 2008-09 Annual Action Plan outlining certain activities for the HPRP funds, and WHEREAS, staff has determined that the greatest need in Miami Gardens is the homelessness prevention category, and WHEREAS, ninety-seven percent (97%) of residents assisted in the first six (6) months of the Program have been under this category, and 1 Page 190 of 203 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 WHEREAS, City staff is recommending that the City Council authorize an amendment to the Homelessness Prevention and Rapid Re-Housing Program Substantial Amendment in order to provide for more funding in the homeless prevention category as outlined in the Staff Report attached hereto as Exhibit “A,” 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 an amendment to the Homelessness Prevention and Rapid Re-Housing Program Substantial Amendment to the 2008-09 Annual Action Plan. The City Council further authorizes the City Manager to submit the Amendment to the U.S. Department of Housing and Urban Development. 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 MAY 12, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK 2 Page 191 of 203 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 17 Mayor Shirley Gibson (Yes) ___(No) 18 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 19 Councilman Melvin L. Bratton (Yes) ___(No) 20 Councilman Oliver Gilbert, III (Yes) ___(No) 21 Councilwoman Barbara Watson (Yes) ___(No) 22 Councilwoman Sharon Pritchett (Yes) ___(No) 23 Councilman André Williams (Yes) ___(No) 24 25 26 Page 192 of 203 1 HUD-40119 Homeless Prevention and Rapid Re‐Housing Program The Annual Action Plan Substantial Amendment City of Miami Gardens Department of Community Development 1515 NW 167 Street, Bldg. 5, Suite 200 Miami Gardens, Florida 33169 REVISED May 12, 2010 Page 193 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 2 HUD-40119 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) Grantees eligible to receive funds under the Homelessness Prevention and Rapid Re-Housing Program (HPRP) are required to complete a substantial amendment to their Consolidated Plan 2008 Action Plan. This form sets forth the required format for this substantial amendment. A completed form is due to HUD within 60 days of the publication of the HUD HPRP notice. To aid grantees in meeting this submission deadline, the HPRP Notice reduces the requirement for a 30-day public comment period to no less than 12 calendar days for this substantial amendment. With this exception, HPRP grantees are required to follow their Consolidated Plan’s citizen participation process, including consultation with the Continuum of Care (CoC) in the appropriate jurisdiction(s). Grantees are also required to coordinate HPRP activities with the CoC’s strategies for homeless prevention and ending homelessness. To maximize transparency, HUD strongly recommends that each grantee post its substantial amendment materials on the grantee’s official website as the materials are developed. A complete submission contains the following three documents: 1) A signed and dated SF-424, 2) A completed form HUD-40119 (this form), and 3) Signed and dated General Consolidated Plan and HPRP certifications. For additional information regarding the HPRP program, visit the HUD Homelessness Resource Exchange (www.hudhre.info). This site will be regularly updated to include HPRP resources developed by HUD and its technical assistance providers. The information collection requirements contained in this application have been submitted to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. Information is submitted in accordance with the regulatory authority contained in each program rule. The information will be used to rate applications, determine eligibility, and establish grant amounts. Public reporting burden for this collection of information is estimated to be 16 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is required to obtain benefits. To the extent that any information collected is of a confidential nature, there will be compliance with Privacy Act requirements. However, the substantial amendment to the Consolidated Plan 2008 Action Plan does not request the submission of such information. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Page 194 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 3 HUD-40119 A. General Information Grantee Name City of Miami Gardens Name of Entity or Department Administering Funds Department of Community Development HPRP Contact Person (person to answer questions about this amendment and HPRP) Daniel A. Rosemond Title Assistant City Manager, Director, Department of Community Development Address Line 1 1515 NW 167 Street Address Line 2 Bldg. 5, Suite 200 City, State, Zip Code Miami Gardens, Florida 33169 Telephone 305-622-8000 Fax 305-622-8046 Email Address drosemond@miamigardens-fl.gov Authorized Official (if different from Contact Person) Danny O. Crew Title City Manager Address Line 1 1515 NW 167 Street Address Line 2 Bldg. 5, Suite 200 City, State, Zip Code Miami Gardens, Florida 33169 Telephone 305-622-8000 Fax 305-622-8041 Email Address crewd@miamigardens-fl.gov Web Address where this Form is Posted www.miamigardens-fl.gov/cd Amount Amount Grantee is Eligible to Receive* $567,612 Amount Grantee is Requesting $567,612 *Amounts are available at http://www.hud.gov/recovery/homelesspreventrecov.xls Page 195 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 4 HUD-40119 B. Citizen Participation and Public Comment 1. Briefly describe how the grantee followed its citizen participation plan regarding this proposed substantial amendment (limit 250 words). Response: As required by the Department of Housing and Urban Development (HUD) Rules and Regulations, the City of Miami Gardens complies with regulation 24 CFR 91.105, Citizen Participation Plan for local governments. The City has adopted a citizen participation plan that sets forth the City’s policies and procedures for citizen participation. The City will advertise proposed allocations and the availability of Federal funds in newspaper of local circulation and on the City’s website. Notices will also be circulated to schools, places of worship, and public facilities throughout the community to encourage participation by low and moderate‐income persons, particularly those living in slum and blighted areas of the City, as defined by HUD, and in areas where CDBG funds are proposed to be used. In addition, the City has taken the necessary steps to encourage the participation of all its citizens, including minorities and non‐English speaking persons, as well as persons with disabilities. The City offers translation services for any public meeting or public hearing, if the request for such services is requested four days in advance of the meeting. In addition, all meetings have been conducted in areas that are accessible to persons with disabilities. The City, on an annual basis, will make available to citizens, public agencies, and other interested parties, information that includes: the amount of assistance the City expects to receive, including specific grant funds; available unspent prior year funds; and related program income. The City will also disclose the range of activities that may be undertaken, including the estimated amount that will benefit persons of low and moderate income. 2. Provide the appropriate response regarding this substantial amendment by checking one of the following options: Grantee did not receive public comments. Grantee received and accepted all public comments. Grantee received public comments and did not accept one or more of the comments. 3. Provide a summary of the public comments regarding this substantial amendment. Include a summary of any comments or views not accepted and the reasons for non-acceptance. Page 196 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 5 HUD-40119 Response: On April 16, 2009, the City published the notice of substantial amendment in the Miami Herald newspaper. The notice indicated that written comments would be received until April 27, 2009 and a public hearing was scheduled for May 13, 2009. No written comments were received regarding the HPRP proposed activities. During the public hearing, several comments were made. Some comments were not relevant to HPRP. Below is a summary of comments received during the public hearing. Public Comment: Regarding abandoned homes in the city, an arrangement should be made with the owners (banks) of those properties to allow the city to rent the houses utilizing HUD funds. City Response: We have another program that deals with abandoned homes. The HPRP funds are not appropriate for this purpose. Public Comment: Will the community be notified about the program? City Response: The program will be advertised in the newspaper and it will also be posted on the City’s website. The City Council also made comments on proposed HPRP activities. The comments included questions on the statistics of homeless persons in the city, whether the program would provide services for victims of domestic violence and persons aging out of the foster care program. Staff responded to that the program is intended for persons at risk of homelessness as well as those that maybe homeless. It was also stated that the city proposed program would provide services to persons exiting the foster care programs and victims of domestic violence. C. Distribution and Administration of Funds Reminder: The HPRP grant will be made by means of a grant agreement executed by HUD and the grantee. The three-year deadline to expend funds begins when HUD signs the grant agreement. Grantees should ensure that sufficient planning is in place to begin to expend funds shortly after grant agreement. 1. Check the process(es) that the grantee plans to use to select subgrantees. Note that a subgrantee is defined as the organization to which the grantee provides HPRP funds. Competitive Process Formula Allocation Page 197 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 6 HUD-40119 Other (Specify: _______________________________________ ____) 2. Briefly describe the process(es) indicated in question 1 above (limit 250 words). Response: The City of Miami Gardens Department of Community Development released a Request For Proposals (RFP) on June 5, 2009. The solicitation invited experienced organizations and community agencies to submit proposals for activities to be funded under the HPRP program. The RFP document was made available for download on the City’s website at www.miamigardens‐fl.gov/cd. On June 19, 2009, a pre‐bid meeting was held with prospective proposers. Proposals must be submitted by the July 10, 2009 submission deadline. City staff will review proposals and make funding recommendations by July 24, 2009. Recommended agencies will receive written notification. Notice of proposed funding will be published in the Miami Herald newspaper on August 2, 2009 and on the City’s website. Any agency wishing to appeal the funding recommendations can do so during the period of August 3 – 5, 2009. Funding recommendations will be presented to the City Council on September 9, 2009 for final approval. As per the Notice, Sub‐recipient agreement(s) will be executed with selected agency(ies) by September 30, 2009. 3. Briefly describe the process the grantee plans to use, once HUD signs the grant agreement, to allocate funds available to subgrantees by September 30, 2009, as required by the HPRP Notice (limit 250 words). Response: Immediately upon City Council approval, sub‐recipient agreement(s) will be developed. The agreement(s) will include a detail work plan and obligations as set forth by HUD regulations in the HPRP Notice. City staff will work collaboratively with the agencies(ies) in developing the program policies and procedures, programmatic design, outreach plans, referral processes, appropriate intake process and forms. Consistent with HPRP requirements, City staff will provide assistance as it relates to HMIS training and implementation, program timelines and performance benchmarks. A comprehensive public outreach campaign will be carried out to make citizens aware of the program. The agency(ies) will be ready to start providing assistance on October 1, 2009 in accordance with the terms of the sub‐recipient agreement(s). 4. Describe the grantee’s plan for ensuring the effective and timely use of HPRP grant funds on eligible activities, as outlined in the HPRP Notice. Include a description of how the grantee plans to oversee and monitor the administration and use of its own HPRP funds, as well as those used by its subgrantees (limit 500 words). Page 198 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 7 HUD-40119 Response: To ensure the use of HPRP funds in an effective and timely manner the City will follow its monitoring procedures accordingly, as outlined in the 2006‐2011 Consolidated Plan. Quarterly on‐site monitoring visits will be conducted for each sub‐grantee during the program year. As needed, new sub‐grantees may be visited more frequently to answer questions and check on program progress. A monitoring schedule will be prepared and the sub‐grantee visits will be prioritized by determining if an organization is considered high risk. A monitor will contact the agency to explain the purpose of monitoring and schedules a date and time for the on‐site visit. Once this is completed, a confirmation letter will be sent prior to the scheduled visit to confirm all aspects of the monitoring and to explain what can be expected. In preparation for the monitoring visit, the monitor will review all written data on file for the subrecipient, such as application for HPRP funding, written agreement and amendments, monthly reporting requirements, documentation of previous monitoring, and copies of audits. During the actual visit, a thorough review of the sub‐recipient’s files ensures they comply with all regulations governing their administrative, financial and programmatic operations and that they are achieving their performance objectives within schedule and budget. A clear written record of the on‐site visit is kept by using one or more of the City's monitoring checklists. The assigned monitor will fill out the form during the visit. At the end of the visit, the monitor concludes the visit by reviewing the tentative conclusions from the monitoring. At this point, there will be a clear understanding between the monitor and sub‐recipient of the areas of disagreement and agreement regarding the monitoring results. Once the on‐site visit is completed, the monitor prepares a formal written letter describing the results of the visit, providing recognition of the sub‐recipient’s strengths and weaknesses. A copy of this letter should be kept on file with the sub‐recipient’s grant agreement and monthly reports. If the sub‐recipient is experiencing problems or is failing to comply with regulations, these issues will be specifically outlined in the monitoring follow‐up letter, along with recommendations or requirements to address and rectify the problems. If a concern or finding is issued for noncompliance with Federal rules and regulations, a monitoring follow‐up letter will provide recommendations on how the situation can be remedied, but no additional action is required. When a finding is issued, the monitoring follow‐up letter will identify a deadline for Page 199 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 8 HUD-40119 when the specific issues must be corrected. The monitor will then follow‐up with the organization to make sure that corrective actions have been made. For situations in which the recommended corrections have not been made, the organization will be placed on a probationary period, which must be approved by the Community Development Director, until the issues have been rectified and the sub‐recipient is once again in compliance with Federal regulations and the grant agreement. If after these steps the agency has not resolved compliance issues, the HPRP funds will be recaptured and reallocated to other agencies for use in appropriate services. D. Collaboration 1. Briefly describe how the grantee plans to collaborate with the local agencies that can serve similar target populations, which received funds under the American Recovery and Reinvestment Act of 2009 from other other Federal agencies, including the U.S. Departments of Education, Health and Human Services, Homeland Security, and Labor (limit 250 words). Response: Collaboration between all city departments applying for funding under the Recovery Act have been established by the City to coordinate maximum benefit to similar target populations. Other departments applying for funds under the Recovery Act include but are not limited to the police department (Dept. of Justice), Parks and Recreation (Dept. of Health and Human Services), Public Works (Florida Dept. of Transportation & Miami‐Dade County). Additionally, the department of community development will be submitting application for funding from the Dept. of Energy (Energy Efficiency & Conservation Block Grant). City staff will work with these departments and sub‐grantees to identify other programs funded through the Recovery Act that would benefit the target population. Services including Temporary Assistance for Needy Families (TANF), childcare and employment services through South Florida Workforce, domestic violence services, and other types of public assistance will be coordinated through sub‐grantees and city departments as appropriate. The City will also reach out to other local agencies, faith‐based organizations and not‐for‐profit entities in an effort to eliminate duplication of services and coordinate all benefits that may be available to the target population. Initial contact has already been made with the Miami‐Dade Homeless Trust, Switchboard of Miami, and other local not‐for‐profit agencies to assess services offered to individuals that are homeless or at risk of becoming homeless. This coordination will continue throughout the program through meetings and written communication as well as telephone contacts. As additional information Page 200 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 9 HUD-40119 becomes available from federal agencies regarding Recovery Act funds that would benefit HPRP participants, the city will work aggressively to connect participants with the services available. This collaboration will continue throughout all stages of the program including planning, implementation and delivery of services to clients. 2. Briefly describe how the grantee plans to collaborate with appropriate Continuum(s) of Care and mainstream resources regarding HPRP activities (limit 250 words). Response: The City of Miami Gardens in partnership with Miami‐Dade County Homeless Trust operates under the Miami‐Dade County Community Homeless Plan. The Miami‐Dade County Homeless Trust serves as the lead agency implementing a countywide strategy to serve homeless individuals and families throughout the community. The Homeless Trust pools the Entitlement Jurisdiction funds for all of Miami‐Dade County to fund a wide variety of Homeless Assistance programs. The City of Miami Gardens along with the cities of Miami, Miami Beach, Hialeah, and North Miami has joined in partnership with the Miami‐Dade County Homeless trust to provide countywide Homeless Assistance Services. The Homeless Trust pools the Entitlement Jurisdiction funds for all of Miami‐Dade County to provide a wide variety of Homeless Assistance Programs. These funds will go directly to Miami Dade County for regional distribution. The City of Miami Gardens has mirrored the priorities of the Homeless Trust as our regional service provider. 3. Briefly describe how HPRP grant funds for financial assistance and housing relocation/stabilization services will be used in a manner that is consistent with the grantee’s Consolidated Plan (limit 250 words). Response: The consolidated plan states that the determination of homeless needs is based on countywide homeless census reports done twice yearly by the Miami‐Dade Homeless Trust Individuals and families who are at risk of homelessness are served through a countywide Homeless Helpline, which provides case management, rental, mortgage and utility assistance to those at risk of homelessness. This category includes people who are facing evictions, living doubled up, or are un/underemployed. The City of Miami Gardens will accept referrals from the Page 201 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 10 HUD-40119 Homeless Helpline for its financial assistance and housing relocation/stabilization services. E. Estimated Budget Summary HUD requires the grantee to complete the following table so that participants in the citizen participation process may see the grantee’s preliminary estimated amounts for various HPRP activities. Enter the estimated budget amounts for each activity in the appropriate column and row. The grantee will be required to report actual amounts in subsequent reporting. After an initial six (6) months of administering the HPRP, the City has determined that the greatest need in Miami Gardens is in the Homelessness Prevention category. Ninety‐six percent (96%) of residents assisted in the first six (6) months of the program have been under this category, and 4% of the residents received assistance under the Rapid Re‐housing category. Therefore, in an effort effort to categorize the funds so that the residents of Miami Gardens will receive the most benefit, and to ensure that funds are spent expeditiously, the budget is being amended as follows: HPRP Estimated Budget Summary Homelessness Prevention Rapid Re-housing Total Amount Budgeted Original Proposed Original Proposed Financial Assistance1 $169,869 $268,769 $100,000 $1,100 $269,869 Housing Relocation and Stabilization Services2 $185,500 $230,628 $46,260 $1,132 $231,760 Subtotal (add previous two rows) $355,369 $499,397 $146,260 $2,232 $501,629 Data Collection and Evaluation3 37,602 Administration (up to 5% of allocation) 28,381 Total HPRP Amount Budgeted4 $567,612 1Financial assistance includes the following activities as detailed in the HPRP Notice: short-term rental assistance, medium-term rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers. Page 202 of 203 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 11 HUD-40119 2Housing relocation and stabilization services include the following activities as detailed in the HPRP Notice: case management, outreach, housing search and placement, legal services, mediation, and credit repair. 3Data collection and evaluation includes costs associated with operating HUD-approved homeless management information systems for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use of HPRP funds. 4This amount must match the amount entered in the cell on the table in Section A titled “Amount Grantee is Requesting.” F. Authorized Signature By signing this application, I certify (1) to the statements contained in the list of certifications and (2) that the statements herein are true, complete, and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ___________________________________________________ ___________________ Signature/Authorized Official Date __________________________________________________ Title Page 203 of 203