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07.25.2012 CITY COUNCIL MINUTES - JULY 25, 2012 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 259 2012 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, July 25, 2012, beginning at 7:13 p.m., in the City Council Chambers, 1515 NW 167th Street, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Oliver Gilbert and Council members Aaron Campbell Jr., Felicia Robinson and David Williams Jr. Councilwoman Lisa C. Davis arrived at 8:45 p.m. Councilman Andre Williams was not present. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and Deputy City Clerk Mario Bataille sitting in for City Clerk Ronetta Taylor who was not present due to family illness. (B) INVOCATION Invocation delivered by Darin Woods. (C) PLEDGE OF ALLEGIANCE Recited in unison (D) APPROVAL OF MINUTES Regular City Council Meeting—July 11,2012 Motion offered by Councilman David Williams Jr., seconded by Councilwoman Robinson to approve the minutes, with necessary corrections, if any. This motion passed and carried by a unanimous voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Item K-4 was pulled from the Consent Agenda by Councilman David Williams Jr. Item K-6 was pulled from the Consent Agenda by Vice Mayor Gilbert. Item F-2 was pulled from the Agenda by Vice Mayor Gilbert Councilman Campbell added a presentation as Item F-2)re: VFW of Miami Gardens City Manager Crew added a presentation as Item F-3) re: Employee 5 year service pins. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1)Councilwoman Felicia Robinson—Commission For Women Presentation Patsy Green, member of the Commission For Women, and Chair of the Rose Garden Regular City Council Minutes July 25, 2012 Page 1 , CITY COUNCIL MINUTES - JULY 25, 2012 project appeared before the City Council to thank the Council members for their support of the Rose Garden. She presented Certificates of appreciation to local businesses as well as individuals for their support of this event. F 2) Viee Meyer-Oliver-G. Gilbeft M The NeFland High Sehool Slide by Band Din Hank HapAwsefi F-2) Councilman Campbell added a presentation as Item F-2) re: VFW of Miami Gardens John Pace. 3081 NW 295th Street, Miami Gardens, Florida, appeared before the City Council to announce that a post, The North Dade VFW, for veterans has been established in the City of Miami Gardens. He acknowledged Councilman Campbell for his assistance and support. Ben Cowens, 19410 NW 17th Avenue, Miami Gardens, Florida, appeared before the City Council to further expound on the establishment of the VFW Post in Miami Gardens. Other members of The North Dade VFW were introduced. F-3) City Manager Crew added a presentation as Item F-3) re: Employee 5 year service pins. Manager Crew presented service pins to five employees: Rose Mary Powell, Janitorial Crew Member — Parks & Maintenance; Christopher Dee, Police Sergeant III, Miami Gardens Police Department; Jose Grandado, Police Sergeant III, Miami Gardens Police Department; Rufus Williams, Police Sergeant III, Miami Gardens Police Department and Anthony Vinson, Police Sergeant III, Miami Gardens Police Department. (G) PUBLIC COMMENTS Rosetta Rolle Hylton, 20211 NW 42"d Avenue, Miami Gardens, Florida, appeared before the City Council to express concern with the increase of crime in the City. She said she support an increase in the number of police officers to ensure that the city is safe. She appealed to the Council to do what they need to do to get the right number of police officers on the streets. Manager Crew agreed that more police were needed. He further opined that the news media industry does not care what the real story is. The have a pre-determined idea of what Miami Gardens is. The City of Miami Gardens' crime rate is lower than Miami, Miami Beach, Ft. Lauderdale, St. Petersburg, Orlando and Pompano. The first six months of this year the city's violent crime rate is down 16.6%. He acknowledged there is a murder problem in this city, which unfortunately gets the headline. Councilman David Williams Jr., shared the Juvenile Justice Stats are including areas that are not a part of the City of Miami Gardens. He commended the Chief and Deputy Chief of Police as well as the personnel of the Miami Gardens Police Department for all their hard work. Regular City Council Minutes July 25, 2012 Page 2 CITY COUNCIL MINUTES - JULY 25, 2012 Vice Mayor Gilbert said he can understand Ms. Hylton's frustration. He shared that crime is down and has been down since the implementation of the Miami Gardens Police Department. He further shared that ten (10) new police officers will be added next year. He said as it relates to the media, a lot of the time story printed is not a Miami Gardens' story. For example there is an article relating to a crime that happened in the NE Section, however it was printed as Miami Gardens. He opined the policing in this city has to be to a point where people feel uncomfortable about committing the crime. This involves enforcing every law. Harold Lawton, 1860 NW 170"' Street, Miami Gardens, Florida, appeared before the City Council to complain about the filthy seats at the Betty T. Ferguson Recreation Complex Auditorium. He further stated the city needs to stop hiring individuals from outside of the city. He said the city needs to have a mechanism in place to hire people who pay taxes where they live. He expressed concern with not having adequate funding for Bunche Park Pool. He also expressed concern with the FP&L Property in his neighborhood and shared there has been more than one murder on this property. He said he would like to see a wall placed around this property. He stated that Mayor Gibson and Councilman Campbell served this community well. He said the city should have someone in the business of making the city's image the way it should be. Vice Mayor Gilbert in response to Mr. Lawton's concern about hiring residents shared that the City has a residential hiring preference ordinance in place. However, the applicant must meet qualifications in order to be considered. Councilman David Williams Jr., shared he has had several meetings with representatives from FP&L. The representatives have indicated that a wall will not be placed around the property because someone could hide behind the wall. He further shared that an FP&L representative was supposed to contact Mr. Lawson with regard to this matter. He said he would follow up with FP&L, on this issue. Audrey Hyman, 725 NW 199th Street, Miami Gardens, Florida, appeared before the City Council to express concern with shortage of police officers. She shared that her home has been broken into recently, as well as her neighbor's vehicle. Vice Mayor Gilbert said the city would be hiring more police officers. However, residents have to be more engaged as well. People need to report crimes and call when they witness a crime. John Pace, 3081 NW 195th Street, Miami Gardens, Florida, appeared before the City Council to thank Mayor Gibson and Councilman Campbell for doing a wonderful job for the last nine years. Patricia Lightfoot, 2750 NW 172nd Terrace, Miami Gardens, Florida, appeared before the City Council and reiterated the city is down in crime. She opined the media plays an important part in this problem. She further shared that a crime can happen in Miami Lakes and the subject is caught in Miami Gardens, that crime is then attributed to this city. She opined there are many Regular City Council Minutes July 25, 2012 Page 3 CITY COUNCIL MINUTES - JULY 25, 2012 variables that are being portrayed by the media. The media is not doing its due diligence when they report. She further thanked Mayor Gibson and Councilman Campbell for doing a wonderful job. Yvonne H. King, 18411 NW 24th Avenue, Miami Gardens, Florida, appeared before the City Council to express concern with the Red Light Camera Violation Notice, which includes instructions on the back of the ticket that only gives two options: 1)pay the violation of$158.00 on or before the due date; 2) file an affidavit that you are not the driver. She said there should be a third option advising that the ticket can be appealed in traffic court. She reiterated the importance of providing a third option so that violators should not have to wait until after the deadline to pay the ticket in order to know they can ask for a hearing before the traffic court. Sharon Frazier-Stephens, 145 NE 19P Street, Miami, Florida, appeared before the City Council to encourage more residents to join or start crime watch group. He commented John Pace for starting a VFW in Miami Gardens. She asked everyone to support the veterans. Fatimah Albergottie, 10060 Sheridan Street, Pembroke Pines, Florida, and a teacher at Miami Carol City Senior High School, appeared before the City Council appeared to express her sadness over the death of one of her students to gun violence. She encouraged the council to do whatever it can do to protect the youth of this community. (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2012-09-282 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 14, ARTICLE V OF THE CITY'S CODE OF ORDINANCES BY ADDING DIVISION 4. "SYNTHETIC DRUGS"; BY ADDING SECTION 14-346 "PROHIBITING THE SALE AND DISPLAY OF SYNTHETIC CANNABINOIDS"; BY ADDING SECTION 14-347 "PROHIBITING THE SALE AND DISPLAY OF SYNTHETIC STIMULANT BATH SALTS, SYNTHETIC CATHINONES, SYNTHETIC AMPHETAMINES AND OTHER SYNTHETIC STIMULANTS THAT MIMIC ILLEGAL DRUGS; PROVIDING FOR DEFINITIONS; 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 OLIVER G. GILBERT III)(18'Reading—June 13, 2012; 2°d Reading—June 27, 2012) Regular City Council Minutes July 25, 2012 Page 4 CITY COUNCIL MINUTES - JULY 25, 2012 Mayor Gibson opened the floor for this public hearing. There being no interested parties to speak on this item,the public hearing closed. Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Davis to adopt this item. There being no discussion,the motion to adopt passed and carried by a 6-0 vote. Vice Mayor Oliver Gilbert: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Not present Councilman David Williams Jr.: Yes Councilman Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Mayor Shirley Gibson: Yes ORDINANCE NO. 2012-10-283 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE 7, SECTION 34-233 OF THE LAND DEVELOPMENT REGULATIONS, TO AMEND THE CRITERIA FOR THE CITY COUNCIL TO USE WHEN CONSIDERING WHETHER TO RENAME OR CODESIGNATE A STREET; 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 MAYOR SHIRLEY GIBSON) (1"Reading—June 27,2012) Mayor Gibson opened the floor for this public hearing. Joyce Jones, 670 NW 199th Street, Miami Gardens, Florida, appeared before the City Council to ask that an amendment be considered to change the language from a unanimous vote to majority vote. She further asked what the rationale was for asking for a unanimous vote rather than a majority vote. Vice Mayor Gilbert in response to Ms. Jones' inquiry said it is supposed to be difficult and this is how you make it difficult. He said as the sponsor of a street naming item, it is up to that Council member to convince his colleagues that the person the street is being names after is worthy of such a prestigious recognition. Don Rico Rickets, 1210 NW 200 Street, Miami Gardens, Florida, appeared before the City Council to shared that last year it occurred to him to offer the City of Miami Gardens an opportunity to take advantage of the most timely situation that occurs this time of the year. That opportunity is the naming of a street (NW 7th Avenue) in honor of an International icon, Marcus Regular City Council Minutes July 25, 2012 Page 5 CITY COUNCIL MINUTES - JULY 25, 2012 Garvey. There being no other interested parties to speak on this item,the public hearing closed. Motion offered by Mayor Gibson, seconded by Councilwoman Davis to adopt this item. At the conclusion of this discussion,the motion to adopt passed and carried by a 6-0 vote. Councilwoman Lisa C. Davis: Yes Vice Mayor Oliver Gilbert: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Not present Councilman David Williams Jr.: Yes Councilman Aaron Campbell Jr.: Yes Mayor Shirley Gibson: Yes (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: RESOLUTION NO. 2012-108-1703 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RECOGNIZING OCTOBER AS BREAST CANCER AWARENESS MONTH; IMPLEMENTING A MIAMI GARDENS PINK WEEK CAMPAIGN IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN FELICIA ROBINSON) RESOLUTION NO. 2012-109-1704 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER TO BULL MOTORS, LLC D/B/A MAROONE FORD OF MIAMI, IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000.00) FOR PARTS AND REPAIRS IN ACCORDANCE WITH CITY OF MIAMI CONTRACT NO. 34018(12); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2012-110-1705 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED Regular City Council Minutes July 25, 2012 Page 6 CITY COUNCIL MINUTES - JULY 25, 2012 NINETY-NINE THOUSAND, FIVE HUNDRED SIXTY-SEVEN DOLLARS AND SEVENTY-FOUR CENTS ($99,567.74) TO CDW GOVERNMENT LLC, FOR PHASE II AS OUTLINED IN RESOLUTION NO. 2010-158-1340; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2012-111-1706 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE EXPENDITURE OF PROCEEDS FROM THE LAW ENFORCEMENT TRUST FUND (-LETF") TO THE KIDS AND THE POWER OF WORK ("KAPOW") PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Campbell, seconded by Councilwoman Davis to adopt the Consent Agenda. There being no discussion, the motion to adopt passed and carried by a unanimous voice vote. (L) RESOLUTION(S): RESOLUTION NO. 2012-112-1707 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE EXPENDITURE OF PROCEEDS FROM THE LAW ENFORCEMENT TRUST FUND ("LETF") TO THE CITY OF MIAMI GARDENS COMMISSION FOR WOMEN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman David Williams Jr., stated he pulled this item to inquire as to how the funds are allocated. Manager Crew said the state law allows the expenditure of 15% of the Law Enforcement Trust Fund every year for local non-profits. Councilman David Williams Jr., asked how are these organizations chosen. Chief Boyd appeared before the Council to expound on this item and stated it depends on how much money is available. The Commission For Women made a formal request to the Regular City Council Minutes July 25, 2012 Page 7 CITY COUNCIL MINUTES - JULY 25, 2012 Police Department. The Legal Advisory reviewed the request. Funds were approved for this organization as well as the KAPOW Program. Mayor Gibson said it should be made clear the funds used from the LETF are used for public safety issues. In this particular case it is being used for domestic violence. Councilman David Williams Jr., shared that he serves on a lot of non-profit organizations that provide the same services and is often times asked how are these providers chosen. He said he did not have an answer for them, which is why he asked tonight. Motion offered by Councilman David Williams Jr., seconded by Vice Mayor Gilbert to adopt this item. There being no further discussion, the motion to adopt massed and carried by a unanimous vote. RESOLUTION NO. 2012-113-1708 K-6) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A VOLUNTARY TRANSFER OF TITLE OR, FAILING A VOLUNTARY TRANSFER, TO TAKE SUCH STEPS AS SHALL BE NECESSARY AND APPROPRIATE TO INSTITUTE EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES, REGARDING THE CONDEMNATION OF THOSE CERTAIN PROPERTIES DESCRIBED HEREIN; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR DETERMINATIONS OF PUBLIC PURPOSE AND NECESSITY; PROVIDING FOR AUTHORIZATIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew said this is a part of the City Hall project and explained there is an entranceway that use to go into the south side of the Wachovia Property. This is an ingress and, egress easement that is half owned by the city and half owned by the shopping center. This roadway will be a tremendous improvement to the shopping center property. Motion offered by Vice Mayor Gilbert, seconded by Councilman Campbell to adopt this item. There being no further discussion,the motion to adopt passed and carried by a unanimous voice vote. Regular City Council Minutes July 25, 2012 Page 8 CITY COUNCIL MINUTES - JULY 25, 2012 RESOLUTION NO. 2012-114-1709 L-1) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2012-2013 WITH THE ROLL-BACK RATE OF 6.3620; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE FINANCE DIRECTOR THROUGH THE CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew said he was recommending that the city go to the state mandated roll back, which is a decrease in the millage rate for next year. This is about a five percent decrease in property taxes. Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Davis to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a unanimous voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) Manger's Monthly Report(provided with agenda package) M-2) Police Department Monthly Report(provided with agenda package) Attorney Dickens in recognition of Mayor Gibson and Councilman Campbell terming out on the City Council, conveyed appreciation to each of them for hiring her to be their City Attorney in 2004. She further thanked each for all of their support. Manager Crew said the employees are planning a special event for both Mayor Gibson and Councilman Campbell therefore their presence is requested. He thanked Mayor Gibson and Councilman Campbell for giving him this opportunity. He said there are not too many city managers that gets the opportunity to start a city. He opined it was helpful having two former police officers on the dais. (1) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Campbell shared when the city first incorporated and individuals were elected to serve there was a lot of negativity aimed at either the administration, certain council members or the city as a whole. However, after the first two years on the council, it has been fun. He was given the opportunity to interact with people who are different in a policy making way. He shared that he was a staff member for over 30 years with the Miami Dade Police Department. As an elected official he was afforded with the opportunity to practice what he had learned over these last nine years, as a policy maker. He thanked staff, fellow council members and the citizens for giving him this opportunity. Regular City Council Minutes July 25, 2012 Page 9 CITY COUNCIL MINUTES - JULY 25, 2012 Mayor Gibson shared that she often joke about the fact that when she became mayor, she had no grey hair. She said it has been a lot of work. It has helped her to grow and increased her faith. She said she is often blamed for anything that happens on the dais. She shared that she has come to understand that the position as mayor carries a lot of responsibility. She commended those residents who attend the council meeting on a regular basis. She encouraged the residents to continue coming to the council meeting and engaging this council. Councilwoman Davis shared she first met Mayor Gibson when she owned a beauty supply on NW 7t' Avenue. She recounted that she use to visit this establishment with her two small daughters and really enjoyed the conversations she had with Mayor Gibson. She shared that during one of their conversations Mayor Gibson shared that she had a vision about starting a city, which was realized with incorporation of the City of Miami Gardens. She further stated that she admired Councilman Campbell's ability to say what is on his mind, and aspires to do the same. She conveyed admiration of Mayor Gibson's ability to speak her mind as well, and for speaking up for the citizens and the city. Vice Mayor Gilbert directed his remarks to Mayor Gibson and Councilman Campbell and shared there is a gospel song that says, "May the work I've done speak for me." If you think about that song there are not a lot of words to be said with regard to your service. He shared he remembers how tough it was when the Council and the city first started. He said with the foundation put in place by the founding Council members, a lot has been accomplished. That Council proved that we can govern and move forward. He said on behalf of the remaining sitting Council members,the city will be taken care of. The sitting council members have watched and learned from the founding council members. He thanked them for their service and conveyed appreciation as well as that of the residents. Councilman David Williams Jr., congratulated Chief Matthew Boyd on being elected president of the Dade Chief s Association. He then addressed his comments to Mayor Gibson and Councilman Campbell and shared that he has known the both of them for almost 30 years. He said these two individuals are truly people whom he looks up to. He said that that he will really miss them. He opined they have set the groundwork and standards, and those of us who will still be here will want to improve on those standards to make this a better city; as well as making the founding council members proud of what they started. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (P) ADJOURNMENT There being no further business to come before this Body and upon a motion being duly made and seconded the meeting adjourned at 9:50 p.m. Regular City Council Minutes July 25, 2012 Page 10 CITY COUNCIL MINUTES - JULY 25, 2012 Signed Shirley Gibson Attest: Shirley Gibson, Mayor Signed Ronetta Taylor Ronetta Taylor, MMC, City Clerk Regular City Council Minutes July 25, 2012 Page 11