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July 9, 2008 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 99 2008 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, July 9, 2008, beginning at 7:10 p.m., in the City Council Chambers, 1515 NW 167`' Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Mayor, and Council members Aaron Campbell Jr., Andre Williams, Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert III. Vice Mayor Barbara Watson was out of town. Motion offered by Councilman Bratton, seconded by Mayor Gibson to excuse Vice Mayor Watson's absence from this meeting. This motion passed and carried by a 6-0 voice vote. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation was delivered by Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Pledge of Allegiance recited in unison. (D) APPROVAL OF MINUTES Regular City Council Meeting -June 11, 2008 Motion offered by Councilman Gilbert, seconded by Councilman Bratton to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 6-0 voice vote. Regular City Council Meeting-June 25, 2008 Motion offered by Councilman Williams, seconded by Councilman Gilbert to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 6-0 voice vote. (E) ORDER OF BUSINESS (Items shall be pulled from the Consent Agenda at this time): Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to pull items J-5 and J-6 from the Consent Agenda, for clarification purposes. This motion passed by a 6-0 voice vote. Mayor Gibson acknowledged State Representative Oscar Braynon II's presence in the audience, as well as that of judicial candidates Abby Cynamon, Steven Milan and Lydia Sanchez. Regular City Council Minutes July 9,2008 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) 3rd Annual Hurricane Expo 2008 Christopher Steers, Assistant City Manager for Business Services appeared before the City Council to present Channel 7, Lowes and Wal-Mart with tokens of appreciation for their sponsorship for the City's Third Annual Hurricane Expo 2008. F-2) Tree Florida Award for 2008 Tsahai Codner, Director of Keep Miami Gardens Beautiful appeared before the City Council to showcase the Tree Florida Award, which the City won for 2008. She stated this is a highly competitive award and the City of Miami Gardens won first place. The 27" Avenue Beautification Project, which was a collaborate effort between the City of Miami Gardens, Miami- Dade County and the City of Opa-locka was the project entered for this contest. Mayor Gibson presented Ms. Codner with Certificate of Special recognition for her extraordinary work and dedication to her job as demonstrated in the City's receipt of the Tree Florida Award for 2008. F-3) Miami Gardens Police Department Monthly Report Chief Boyd reported significant decreases in crimes were noted in June 2008. The City is down by eleven percent for the year. Sexual battery is up one hundred and fifty percent for this month. For this month there has been a total of five sexual batteries. However, a suspect has been identified in four of the five sexual batteries. F-4) Officer of the Month Award for May 2008 Chief Boyd presented the Civilian of the Month awards to: Ada Ponder and Jesse Young for their courage and heroic efforts in assisting in the rescue of an occupant from a burning. Chief Boyd further honored Officer James Pinckney for his courageous efforts in rescuing an elderly resident from his/her mentally challenged son. He further acknowledged Officers Michael Bryant and John Jones as officer of the Month for their courageous efforts in rescuing an occupant from a burning house. Robberies and homicides are both very high and because of that a Crime Suppression Unit has been initiated. Targeted crimes arrest increased by twenty percent this month. The number of assault and battery arrest doubled for this month. The Narcotics Unit continues to aggressively address the narcotics violations. There has been a significant increase in reported thefts of yard equipment. The Department continues to use innovative techniques. Since the Department has been formed, thirty-six warrants have been served, along with the seizure of 55 fire arms. During the month of June two operations were conducted with the State Attorney's Office and the Violent Crimes Task Force. The Police department also partnered with Antioch Church and Crime Stoppers and made significant arrests including the seizure of four assault weapons from convicted felonies. The Neighborhood Watch Program is moving forward. It is anticipated the program will be fully operational July 2008. In addition the police department is in the process of hiring additional staff, with applicable job descriptions being posted. Councilman Bratton stated that people steal what they see. He suggested that those individuals purchasing new electronic equipment, computers or television sets to cut the boxes up for Regular City Council Minutes 2 July 9,2008 recycling rather than leaving the container packaging out in the open for anyone to see. (G) PUBLIC COMMENTS Sharon Frazier Stephens, 145 NE 193' Street, Miami, Florida, appeared before the City Council to provide information about Miami-Dade Public Schools. She further thanked Tom Ruiz, Public Work Director for addressing a concern she had raised. Billy Isley, 1740 NW 193`d Street, Miami Gardens, Florida,appeared before the City Council to express his views about the utilization of the Elderly Affairs Committee with the Senior Citizen Housing issues and the needs assessment being addressed by the Community Development Department. Daniel Rosemond, Community Development Director for the City of Miami Gardens appeared before the City Council in response to Mr. Isley concern. He shared of the approximately 109,000 residents in the City of Miami Gardens approximately 18 percent have been identified as elderly or low to moderate income. The Bunche Park and Cloverleaf areas have been identified as where the highest number of elderly resides. He stated that he would be more than happy to meet with Mr. Isley and address any concerns he might have. Mr. Isley asked for a copy of the Needs Assessment. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A "HANDBILL ORDINANCE;" PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE..(SPONSORED BY COUNCILMAN GILBERT) Councilman Gilbert shared his rationale for sponsoring this item. He said there are litter and safety problems involved with the placement of this material on car windshields. In addition, this is not dissimilar to what other municipalities have adopted. Motion offered by Councilman Gilbert, seconded by Councilman Bratton to adopt this ordinance on first reading. This motion passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Out of town Regular City Council Minutes 3 July 9,2008 Councilman Williams: Yes Mayor Gibson: Yes (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARING(S): ORDINANCE NO. 2008-25-161 I-1) AN ORDINANCE OF THE CITY OF MIAMI GARDENS,FLORIDA AMENDING SECTION 3 OF ORDINANCE NO. 06-04-85 TO EXPAND THE MEMBERSHIP OF THE ELDERLY AFFAIRS ADVISORY COMMITTEE FROM SEVEN (7) MEMBERS TO 15 (FIFTEEN)MEMBERS;AMENDING SECTION 4 OF ORDINANCE NO. 06-04-85 TO STAGGER THE TERMS OF OFFICE OF MEMBERS OF THE ELDERLY AFFAIRS ADVISORY COMMITTEE; 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 VICE MAYOR BARBARA WATSON AND COUNCILWOMAN SHARON PRITCHETT) (1St Reading—June 25,2008) Councilwoman Pritchett stated this ordinance address those concerns about increased membership to this committee. This ordinance also establishes terms and expiration dates for the committee members. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public Hearing closed. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to adopt this ordinance. There being no discussion, this motion passed and carried by a 6-0 vote. Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Out of town Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes ORDINANCE NO. 2008-26-162 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO GANG PREVENTION IN PUBLIC PLACES; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES;REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE Regular City Council Minutes 4 July 9,2008 DATE.(SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) (1"Reading—June 25,2008) Councilman Gilbert provided the relevant points associated with this item. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this ordinance. There being no discussion, the motion to adopt passed and carried by a 6-0 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Out of town Councilman Williams: Yes Councilman Bratton: Yes Councilman Campbell: Yes Mayor Gibson: Yes ORDINANCE NO. 2008-27-163 I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO GANG PREVENTION IN PUBLIC PLACES AND DEEMING CRIMINAL STREET GANGS AND THEIR USE OF A PUBLIC PLACE A PUBLIC NUISANCE; AUTHORIZING ABATEMENT OF THE NUISANCE; PROVIDING FOR DEFINITIONS; REPEALING ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) (1st Reading—June 25,2008) Councilman Gilbert explained the mitigating factors involved with this item. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton to adopt this ordinance. There being no discussion, the motion to adopt passed and carried by a 6-0 vote. Councilwoman Pritchett: Yes Vice Mayor Watson: Out of town Councilman Williams: Yes Councilman Bratton: Yes Regular City Council Minutes 5 July 9,2008 Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes ORDINANCE NO. 2008-28-164 I-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CONVEY THAT CERTAIN REAL PROPERTY LOCATED AT 1080 NORTHWEST 185TH TERRACE TO MR. AND MRS. AQUIL DAWSON;PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1ST Reading —June 25, 2008) Attorney Dickens explained this is a house keeping matter; this item was passed as an emergency measure at the last Council meeting. Therefore in order to meet advertisement requirements, this ordinance is being adopted a second time. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Motion offered Councilman Gilbert, seconded by Councilman Bratton to adopt this item. There being no discussion, the motion to adopt passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Out of town Councilman Williams: Yes Mayor Gibson: Yes (.I) CONSENT AGENDA/RESOLUTION(S) RESOLUTION NO. 2008-137-824 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,RESPECTIVELY,THAT CERTAIN FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY Regular City Council Minutes 6 July 9,2008 CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2008-138-825 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MLA3M GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN JOINT USE AGREEMENT WITH THE MIAMI-DADE COUNTY SCHOOL BOARD, ALONG WITH ANY AND ALL ATTENDANT DOCUMENTS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2008-139-826 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO JOHNS CONTRACTING GROUP, FOR PAINTING SERVICES IN AN AMOUNT NOT TO EXCEED $80,000; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2008-140-827 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REJECTING ALL BIDS RECEIVED IN RESPONSE TO THE RFP ISSUED FOR GRANT WRITING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTON NO.2008-141-828 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,APPROVING THE THIRD PROGRAM YEAR ACTION PLAN ATTACHED HERETO AS EXHIBIT A;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Motion offered b Councilman Gilbert, seconded by Councilman Bratton to adopt the Consent Agenda. This motion passed and carried by a 6-0 voice vote. (J) RESOLUTION(S) RESOLUTION NO.2008-142-829 Regular City Council Minutes 7 July 9,2008 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MIAMI-DADE COUNTY IN THE AMOUNT OF$225,325.13 FOR THE PURCHASE OF POLICE RADIO EQUIPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett explained she had requested to have this item pulled from the Consent Agenda in order to vote "no". Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to approve this item. This motion passed and carried by a 6-1 vote. Councilwoman Pritchett cast the dissenting vote. RESOLUTION NO. 2008-143-830 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIANII GARDENS, FLORIDA, EXERCISING A RIGHT OF FIRST OFFER WITH BRI 1814 GGOP, LLC ('BRI"), FOR ADDITIONAL SPACE FOR CITY HALL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SIXTH ADDENDUM TO THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND BRI, LLP; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Horace McHugh, Assistant City Manager appeared before the City Council to explain the mitigating factors involved with this lease agreement for the additional space needed to accommodate the various city departments. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to approve this item. This motion passed and carried by a 6-0 voice vote. (L) REPORTS OF CITY MANAGER AND CITY ATTORNEY. (NI) REPORTS OF MAYOR AND COUNCIL MEMBERS. Councilman Gilbert commended Councilman Williams and the Jaycees for an excellent awards ceremony held, Saturday,June 28,2008. Councilman Williams referenced an article in the Miami Herald "Dade Schools see Jump in grades", published Wednesday, July 9h. He commended those schools located within the corporate boundaries of Miami Gardens for this outstanding accomplishment. Mayor Gibson commended staff for doing outstanding jobs. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN Regular City Council Minutes 8 July 9,2008 COMMUNICATIONS FROM THE PUBLIC. There was none. (0) ADJOURNMENT. There being no further business to come before this Body and upon a motion being duly motioned by Councilman Bratton, the meeting adjourned at 8:35 p.m. J Attest: AShi��r�l soMayor Ronetta Taylor, C , ity Clerk Regular City Council Minutes 9 July 9,2008