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September 14, 2005 CITY OF MIAMI GARDENS SPECIAL CITY COUNCIL MINUTES SEPTEMBER 14, 2005 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council of the City of Miami Gardens, met in Special Session on Wednesday, September 14,2005,beginning at 6:16 p.m.,in the City Council Chambers, 1515 NW 167d'Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Oscar Braynon II, and Council members Barbara Watson, Aaron Campbell Jr., Melvin L. Bratton and Sharon Pritchett. By unanimous vote of the City Council, Councilwoman Audrey J. King's absence was excused due to illness. Also in attendance were: City Manager Dr. Danny O.Crew,City Attorney Sonja K.Dickens and City Clerk Ronetta Taylor. 2. INVOCATION: Mayor Gibson delivered the Invocation. 3. PLEDGE OF ALLEGIANCE: Pledge of Allegiance was recited in unison. 4. RESOLUTION/PUBLIC HEARING: RESOLUTION NO. 2005-117-294 4A) A RESOLUTION OF THE CITY OF MIAMI GARDENS,FLORIDA, ESTABLISHING THE TENTATIVE MILLAGE RATE FOR FISCAL YEAR 2005/2006; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE TENTATIVE MILLAGE RATE AND TENTATIVE BUDGET;PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) Manager Crew explained the budget process is mandated by the State of Florida. The tentative Millage Rate is the first item for discussion during this process. Last year's Millage Rate was3.6484 Mills. This year's Millage Rate is proposed at 3.6384 Mills,which is a slight decrease over last year. The Rollback Rate is 3.1597. Mayor Gibson opened the floor for the public hearing. After there were no interested parties to speak on this item,the public hearing was closed. Moved by Vice Mayor Braynon, seconded by Councilman Bratton to table the Tentative Millage Rate resolution until after the discussion on the budget. There being no further discussion, the motion was passed and carried by a 6-0 vote. Miami Gardens Special City Council Agenda—September 14,2005 Page 1 of 6 At the conclusion of the discussion on the budget item, and a vote taken to table that ordinance,it was moved by Vice Mayor Braynon, seconded by Councilwoman Pritchett to take the Millage Resolution off the table for consideration. This motion passed and carried by a 6-0 vote. Mayor Gibson again opened the floor for the public hearing on the millage rate. After there were no interested parties to speak on this item, the public hearing was closed. Moved by Vice Mayor Braynon, seconded by Councilwoman Watson to approve this item. There being no discussion,the motion to approve this item,passed and carried by a 6-0 vote. Councilman Bratton: Yes Vice Mayor Braynon: Yes Councilman Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Vice Mayor Braynon; Yes At this time,Mayor Gibson read into the record the following statement,"The City Council of the City of Miami Gardens has TENTATIVELY ADOPTED a millage rate of 3.6384. This is 15.15% greater than rolled back rate of 3.1597 mills. Property taxes will increase by 15.15%. A FINAL DECISION on the tentatively adopted millage rate will be made at the second budget hearing on Wednesday, September 28, 2005, at 6:00 p.m., here at the City at the City of Miami Gardens City Council Chambers. 1515 NW 167d' Street, Building 5, Suite 200, Miami Gardens, Florida 5. ORDINANCE FIRST READING/PUBLIC HEARING: 5A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AND ADOPTING THE CITY'S BUDGET FOR THE 2005-2006 FISCAL YEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS;PROVIDING FOR CARRYOVER OF FUNDS; PROVIDING A SURCHARGE FOR PERMITS; PROVIDING FOR THE ESTABLISHMENT OF CITY DEPARTMENTS; PROVIDING FOR AUTOMATIC AMENDMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY CITY MANAGER). Manager Crew shared there were some challenges in preparing this budget. The City had some problems getting accurate figures on some of the revenues received from Miami-Dade County therefore educated guesses had to be made. In addition, there were some new programs started, which the City had no history on, therefore educated guesses had to be made on those as Miami Gardens Special City Council Agenda—September 14,2005 Page 2 of 6 well. The City currently has $570,000.00 in its reserve. He opined a City this size should have approximately 4 Million dollars in reserve. The Council during last year's budget process, specifically designated $500,000.00 to go into the Reserve. Another $500,000.00 has been earmarked for FY 2005/06 Reserve. He conveyed optimism in the City meeting its five year goal of having a 4 Million Dollar Cash Reserve. Manager Crew highlighted certain aspects of the budget and indicated on October 1,2005, the City will be bringing the Parks and Recreation Department in-house. In addition, staff is proposing to continue its working relationship with Cool Kids Learn, Inc., for specialized tutoring and After School programs for the children. Also addressed in the budget is the process to start renovating all 16 city parks. The City will receive almost 30 Million Dollars in grant funding over the next five years for this purpose. A Park Master Plan for each park will be developed prior to the renovations. In Public Works, $500,000.00) have been set aside to address the City's commitment to address its City roads. The City is currently undertaking a study of every street in town to determine the priority of what streets and sidewalks are in the worst condition so there is a rational basis for, which ones should receive attention first. Seventy-five thousand dollars has been allocated in the budget to address repairs and new sidewalks. The budget also contains $300,000.00 for US 441 Beautification. The City has received$870,000.00, in grants from other governmental entities for the US 441 Beautification. Funds are also allocated for a 27'Avenue beautification program. The City has applied for a grant from FDOT to assist with that purpose. There is also $500,000.00 set aside for the landscaping of 183`d Street (from 47'b Avenue to US 441). This would provide for an irrigation system as well as updating the landscaping, which would enhance the landscaping planted by the State of Florida. Funds are also being allocated to hire a second Department of Corrections Litter Crew. This coming fiscal year, the City's Public Works Department, will also be taking over the Storm Water Utilities from Miami-Dade County. That process will take anywhere between four to six months to complete. Three new permanent Code Enforcement Officers will be added to the Code Enforcement Department. The City will be implementing a FAQADE Program this coming year to assist businesses fix up the facades of their buildings to make them look better. The Landlord Tenant Program will also be enhanced during this fiscal year. In the Planning and Zoning and Building Department, the budget contemplates continuing the Comprehensive Master Plan. The department is also in the middle of the Transportation Master Plan, and Storm Water Master Plan. The City is also working on a Housing Master Plan. More residential input is scheduled as part of this process. Once the Comprehensive Master Plan is completed, the City will initiate its Land Development Code Regulations process. Additional full-time inspectors have been added to the Building Department. Over the next nine months the City will be working to develop a Housing and Urban Development(HUD)Consolidated Housing Plan. The City will become eligible for its own Community Development Block Grant Program, October 2006. However, before the City can receive any CDBG funds, a HUD Consolidated Plan must be completed. The City will be conducting a Feasibility Study this coming year to determine whether to take over the Police Department. It is anticipated this study will be completed by March 2006. In addition, the City will be looking to install a new software system(General Ledger System) for Miami Gardens Special City Council Agenda—September 14,2005 Page 3 of 6 the City. This is an expensive system costing approximately $600,000.00 - $700,000.00. Mayor Gibson opened the floor for the public hearing on the budget ordinance. Billy Isley, 1740 NW 193` Street, Miami Gardens, Florida, appeared before the City Council and questioned the Fund Transfers and the Revenues for Special Projects. Manager Crew indicated the correct name for this Fund is Special Revenue Fund and not Special Projects. Special Revenue Funds are those funds received from the local, state and federal government that can only be used for specific expenditures, (e.g. Law Enforcement Trust Fund receives funds from traffic tickets and can only be used for law enforcement related activities). Mr. Isley referenced the Storm Water Revenue Fund and asked for clarification. Manager Crew explained the moneys for this fund comes from Storm Water Utility Tax , which represents 70,000 residential properties times four dollars times twelve months, which equates to approximately 3 Million Dollars. Mr. Isley inquired about the percentage of pay raises for the overall personnel. Manager Crew said there is a 2.5% for COLA, which every employee receives on October 1'. Then there is the Merit System, which is anywhere from 0-5%, however the budget reflects a three percent because this is about where anyone averages out. Mr. Isley said the Contractual Services Budget was not itemized and asked for clarification, on those items such as postage. Manager Crew said items such as postage were being charged to office supplies. He said this year those type items would be charged back to the initiating departments. Mr. Isley asked what criteria are used for Capital Outlay. Manager Crew explained a Capital Outlay has to be something that is $5,000.00 or more. If it is less than $5,000.00, the expenditure would go under operating supplies. Mr. Isley questioned why the Storm Water Fund was being included as a Utility. Manager Crew said this is how the Florida Statutes defines Storm Water Utility. Attorney Dickens further explained Storm Water is considered a utility as prescribed by state law. Mr. Isley questioned whether the City Council's travel expenses were deducted from their Expense Account or the General Fund. Manager Crew explained it would depend on what the travel is for. For example if a Council member is attending an educational seminar, the expense might not be charged to travel, but instead to education. Mr. Isley questioned where would funds be disbursed from for events such as a jazz festival. He said he did not see anything in the budget to address such as expenditure, which could well exceed $200,000.00. Manager Crew said before such an event would occur a budget would be worked up. The City would also receive contributions and sponsorships for such an event. The budget has Miami Gardens Spacial City Council Agenda—September 14,2005 Page 4 of 6 $100,000.00 set aside for Special Events that could be allocated towards any special events the City puts on. Mr. Isley questioned whether the City would have to allocate funds for the upkeep of the area where the Norland Wa1Mart is scheduled to be built. Manager Crew explained Wa1Mart has committed to give the City $250,000.00 for the current year and another $250,000.00 next year, for this purpose. Mr. Isley questioned whether the City would have to cut the roads to put down the irrigation system. Manager Crew said FDOT would not allow the City to cut roads and have provided irrigation sleeves in the roads for this purpose. Mr. Isley said he did not see anything in the budget toward senior citizen programs or crime watch programs. Manager Crew said under the police budget funds were allocated in the budget for crime watch programs. There being no other interested parties to speak on the budget, the public hearing was closed. Moved by Vice Mayor Braynon, seconded by Councilman Bratton to approve this item on first reading. Vice Mayor Braynon commended Manager Crew on putting together a very comprehensive budget. He referenced the proposed changes in the Building Department, which would enhance services, and said from his experience with this department, there is always a line of people waiting for service. He opined there need to be increased personnel as the front desk. Manager Crew said the Building Department is in dire need or additional office space. The City is looking at securing other office space to house Public Works and then expanding the Building Department into the area where Public Works is currently housed. Another Building Clerk position has been added in this budget. In addition, the permitting process has bogged down and it is taking two weeks to a month to get a permit. Part of that is because just does not have enough inspectors. Councilwoman Pritchett asked Manager Crew to explain the difference in the current millage rate and the proposed millage rate as well as the rollback rate, in dollars and cents. Manager Crew explained for FY 04/05, which is the current year, the City is expended to being in 10 Million Dollars in Ad Valorem dollars (property tax). The State Statutes says all the City can bring in for next year without calling it a tax increase is 10 Million dollars; even though property values went up in the City to the point, the City is expected to bring in 11 Million dollars, next year. However, the state says the City can not recognize that 11 Million dollars unless the City goes beyond that rollback rate. This means those properties without Homestead Exemption or businesses will be paying more taxes. Councilwoman Pritchett said it is important to know last year $500,000.00 was set aside for the Reserve Fund, with another $500,000.00 from this year, which gives the City a Cash Reserve of 1 Million Dollars. Miami Gardens Special City Council Agenda—September 14,2005 Page 5 of 6 Manager Crew conveyed anticipation of being able to put in additional $500,000.00, into the Reserve at the end of this fiscal year. Councilwoman Pritchett opined it is important to know the Council is making the effort to try to get to that 4 Million Dollar ball park figure as recommended by the City Manager. Councilman Bratton referenced the high price of gasoline and asked how many of the city's vehicles were diesel. Manager Crew replied none. All of the City's vehicles use the low grade 87 Octane gasoline. Moved by Vice Mayor Braynon, seconded by Councilwoman Watson to table item this item until after a vote on the millage. This motion passed and carried by a 6-0 vote. After the adoption of the tentative millage rate resolution, it was moved by Vice Mayor Braynon, seconded by Councilwoman Watson to take this item off the table for consideration. This motion passed and carried by a 6-0 vote. There being no further discussion on the budget ordinance on for first reading, this motion passed and carried by a 6-0 vote. Vice Mayor Braynon: Yes Councilman Campbell: Yes Councilwoman King: Not present Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Bratton: Yes Mayor Gibson: Yes ADJOURNMENT: There being no further business to come before this Body, and upon being duly moved by Councilman Bratton, seconded by Vice Mayor Braynon theting adjourned at 7:20 p.m. e ,/—/� Attest: S>dfeiVso�H, Mayor Ronetta Taylor, CMC, Clerk Miami Gardens Special City Council Agenda-September 14,2005 Page 6 of 6 .00- ,JkN, 26, 2006 3:28PM EXECUTIVE OFFICE N0, 1460 P. 2 FORM 8A MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS LAST NAME--fiA$T NAME—MI00LE NAME NAME OF BOARD,COUNCIL.CDMMiSSION,AUTHORITY,OR COMMITTEE Pritchett, Sharon City Council Member MAILING ADDRISS NAME OF SPATE AGeNCY 1401 NW 202 Street City of MiiAmi Gardens CITY COUNTY MY POSITION is, ELECTIVE t Miami Gardens , FL Miami—Dade Q APPOINTIVE DATE ON WHICH VO'rZ OC9URR{rI7 Janoary Ile 2006 WHO MUST DILE FORM SA This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission,author- ity, of committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes, Your responslbtlltJes under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or Appointive position For this reason, please pay close attention to the instructions on this form beforo compleling the reverse side and filing the form INSTRUCTIONS FOR �i TION 112,3143, FLORIDA STATUTES ELECTED OFFICERS., ���u� l J As a person holding elective state offs ` p fres to your special private gain or loss;to the special gain or loss of a principal by whom you arc C 7n or subsidiary of a corporate principal by which you are retninad);to the special private gain or, l gain or loss of a business associate, However,if you vote on such a maesure you must complete ys after the vote occurs with the person responsible for recording the minutes of the meeting,win ! ,.mutes. For purposes Of this law, a"relative" Inclu _.,or, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- a in-law, son-In-law, and daughter-in-law, A --moss associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange), APPOINTED OFFICERS., As a person holding appointive state oftico, you may vote on a measure which inures to your special Private gain or foss; to the special gain or loss of a principal by whom you are retained(including the parent organization or subsidiary of a corporate principal by which you are retained); to the speciai private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communica- tion, whether made by you or at your direction, For purposes of this low, a"relative" includes only your father, mother, son, daughter, husband,wife, brother, sister, father-In-law, mother- in-law, son-in-Paw, and daughter-in-law. A "business associate" means any person or entity Engaged in or carrying on a business enter- prise with you as a partner,joint venturer, 000wner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange) IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influemm the decision)with the person responsible for recording the minutes of the mQpGn9,who will incorporate the form in the minutes. A Copy of the form must be provided immediately to the other members of the agency, • The form must be read publicly at the next meeting after the form is filed. lK YOU MAKE NO ATTEMPT TO INKLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING; • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and his it within 19 days after the vote occurs with the person rasponslble for recording the minutes of the meeting, who must Incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the ageri and the form must be read publicly at the next meeting atmor the form is filed, CE FORM SA-EFF.11PAGE t E0/Z0 35ad 1�Cj NIGH 71VH 1�1I0 1008ZZ9966 8G:EZ 900i;!6L/Z® .JAN, 26. 2006 3; 29PM EXECUTIVE OFFICE NO, 1460 P. 3 DISCLOSURE OF STATE OFFICER'S INTEREST I. hereby disclose that on 7anLjaru _ .20 Q_� (a)A measure came or will coma pafore my agency which(check one) inured to my special private gain or toss; inured to the special gain or lass of my business associate, _ inured to the special gain or loss of mrollAt3ve, x inured to the special gain or was of r a ,p o a r Ida Pub-Li c e s n e r s C f T 13 e by whom I am retained;or W Inured to the special gain or loss of which is the parent organization or Subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my Conflicting Interest In the measure is as follows: r f Date Filed Signaturo NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A a CIVIL PENALTY NOT TO EXCE=ED$10,000, CI:FORD&A-EFF.112000 PAGE.2 E@/E0 3JCd ,SCJ NIVW 71VH AiIO 1008ZZ990E Sb:gz 900Z/6Z/tl3