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07.13.2011 CITY COUNCIL MINUTES - JULY 13, 2011 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 13, 2011 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, July 13, 2011, beginning at 7:03 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 Aaron Campbell Jr., and Council members Lisa C. Davis, Andre Williams, Felicia Robinson, David Williams Jr., and Oliver G. Gilbert III. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Councilman Gilbert delivered the Invocation. (C) PLEDGE OF ALLEGIANCE Pledge of Allegiance recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes—June 22, 2011 Motion offered by Councilman David Williams Jr., seconded by Councilwoman Davis 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) Motion offered by Councilman Andre Williams, seconded by Councilman David Williams Jr., to pull Item K-5 from the Consent Agenda. This motion passed and carried by a unanimous voice vote. Motion offered by Councilman Andre Williams, seconded by Councilwoman Davis to pull Item K-9 from the Consent Agenda. This motion passed and carried by a unanimous voice vote. Motion offered by Councilman David Williams Jr., seconded by Councilman Andre Williams to pull Item K-11 from the Consent Agenda. This motion passed and carried by a unanimous voice vote. Motion offered by Councilman David Williams Jr., seconded by Councilman Andre Williams to pull Item K-13 from the Consent Agenda. This motion passed and carried by a Regular City Council Minutes July 13, 2011 Page 1 CITY COUNCIL MINUTES - JULY 13, 12011 unanimous voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman Gilbert—Civil Air Patrol("CAP") (United Air Force Auxiliary) Rosy Delgado, 1St Lt, GAAP, Assistant Cadet Programs Officer, Civil Air Patrol appeared before the City Council to share the history and expound on the outstanding accomplishments of this exemplary program. The Civil Air Patrol is a volunteer service based on military principals. Membership does not require military service obligation. Civil Air Patrol helps young men and women develop discipline, leadership skills, effective communication and a sense of community and citizenship. Special emphasis is on teens at risk. Participants must be between the ages of 12-18 to join. Florida Memorial University will host this program in this area. He asked for the Council's support in this endeavor. He thanked Councilman Gilbert for this open invitation. Councilman Gilbert asked that the City Manager provide staff assistance to the Civil Air Patrol and its participants. F-2) Councilman Gilbert—Children's Heart Gallery (Suzanne McDowell) Suzanne McDowell appeared before the City Council to spotlight the Children's Heart Gallery, which will be showcased at the Betty T. Ferguson Recreational Center October thru November 2011. She thanked Councilman Gilbert for sponsoring this item. F-3) Mayor Gibson—President Bermudez of the Miami Dade League of Cities Mayor Bermudez, President of the Miami-Dade League of Cities appeared before the City Council to thank them for providing him with this opportunity. He acknowledged Mayor Gibson for her outstanding support as a past Miami-Dade League of Cities President and as a colleague. He also acknowledged Councilman Gilbert for his service on the Legislative Committee for the Miami-Dade League of Cities, and Councilwoman Robinson for her service on the Finance Committee for Miami-Dade League of Cities. He also shared that Attorney Dickens serves on the Miami-Dade League of Cities City Attorney Advisory Committee. He said there are several Miami-Dade League of Cities boards and committee's vacancies available, and encouraged Council members to apply for those positions. A seminar for all municipalities will take place November 11, 2011. This will be an opportunity for all elected officials and administrators to learn from each other in different areas. Furthermore, this is a year of reform for Miami-Dade County and an opportunity for Miami-Dade League of Cities to make a difference. He further shared that the cities of Miami Gardens, Cutler Bay and Doral have yet to receive their share of the half-cent sales tax money. Councilman Andre Williams thanked President Bermudez for coming before the Council to share his initiatives. He said broached the subject of the half-cents sales tax and shared with the listening audience the issues surrounding why the City is not receiving its fair share of this money even though residents voted for it. President Bermudez further expounded on the half cents sales tax and the fact that residents had voted in favor of this tax approximately two months before residents voted to Regular City Council Minutes July 13, 2011 Page 2 CITY COUNCIL MINUTES - JULY 13, 2011 incorporate the cities of Doral and Miami Gardens. The Miami-Dade League of Cities believes that everyone should be treated the same therefore, the cities of Miami Gardens, Doral and Cutler Bay should be receiving this half-cent sales tax money(20%), which equates to over one million plus dollars. Councilman Andre Williams asked President Bermudez to give the residents an example of how those half-cents sales tax dollars are used in other municipalities. Presidents Bermudez said many cities use the funds to operate a trolley, fix roads. The requirement is that the funds must be used for transportation purposes. One municipality was able to connect their trolley system to the Metro Rail system. F4) Mayor Gibson—Dr. Robert L. Martin, PH.D-North Gardens High School Angela Marine, Regional Director for North Park Charter School appeared before the City Council to expound on the school's curriculum. The participating students are between the ages of 16 and 22 who have fallen behind in credits or dropped out of school. Seventy percent (70%) of the students graduate and go on to secondary schools. The Miami Gardens campus will be located at 4692 NW 183`d Street. The School will hold approximately 500 students. The first day of school will be August 22, 2011. (G) PUBLIC COMMENTS Erich Bundy, 9000 NW 21" Street, Pembroke Pines, Florida, appeared before the City Council to comment on the Towing Service item. He shared that his company Kauffls Towing has been providing towing services for the City of Miami Gardens for the past three years. He opined that Kauff's is the most qualified towing company. He further opined that the company selected did not have enough net income singular or combined to pay the franchise fee. He said he has a concern as to where the money would be coming from to pay the franchise fee. Princess Bass, 2255 Bunche Park West Drive, Miami Gardens, Florida, appeared before the City Council representing the Miami Gardens Cowboys and the Bunche Park Optimist. She expressed support of Councilman Gilbert's Agenda Item relating to amending the background check requirement for employees and volunteers working in the Parks and Recreation Department. David Fredericks, President Islands United, 406 SW 191" Terrace, Pembroke Pines, Florida, appeared before the City Council to introduce his company. He said he wanted to be a part of this community and was looking for ways to partner with the city, as well as give back to the community. Mayor Gibson asked Mr. Fredericks to provide his information to Assistant City Manager Vernita Nelson. Janice Coakley, 19681 NW 33`d Avenue, Miami Gardens, Florida, appeared before the City Council for clarification on Item H-1. She said that everyone should be treated the same. If background checks are required for volunteers and employees in the parks department they Regular City Council Minutes July 13, 2011 Page 3 CITY COUNCIL MINUTES - JULY 13, 2011 should be required of everyone. Councilman Gilbert for clarification purposed informed Ms. Coakley that the proposed ordinance eliminates that requirement, not imposes it. Octavis Nixon, 15400 NW 31" Avenue, Miami Gardens, Florida, appeared before the City Council in support of Item H-1. He shared that he has a felony conviction. He had gotten into trouble when he in his late teens, and has learned from that mistake. He also shared that he is proud to be a part of this community and a part of the football program. Martin Maultsby, 2230 NW 190th Terrace, Miami Gardens, Florida, appeared before the City Council to express support on the passage of Item H-1. He shared that he too has a felony conviction. However, he has paid his debt to society. He emphasized the importance of young people staying out of trouble and what better way to understand that importance than to hear it from someone who has experienced it. Lanorris Graden, 17200 NW 37th Court, Miami Gardens, Florida, appeared before the City Council to encourage them to vote in favor of Item H-1. He thanked Councilman Gilbert for bringing this item forward. Jester Bailey 3831 NW 172"d Terrace, Miami Gardens, Florida, appeared before the City Council in support of Item H-1. He too encouraged the Council to support this item. Isy Reavous, appeared before the City Council in support of Item H-1. She said although she did not live in the City of Miami Gardens, her children have been a part of the football program in this city for the past eight(8) years. She emphasized the importance of young people having positive role models in their lives especially when there is no father figure present. Vice Mayor Campbell for clarification purposes said the background check requirement is a Miami-Dade County requirement. This proposed ordinance is designed to eliminate that requirement. Attorney Dickens further clarified when the City incorporated it adopted Miami-Dade County's ordinances. The City recently codified its code of ordinance this particular provision was codified into the City's Code. The proposed ordinance seeks to amend that provision. Clyde Bailey 4431 NW 174th Drive, Miami Gardens, Florida, appeared before the City Council in support of Item H-1. He said this ordinance would affect him as well. Tim Turner, 3330 NW 208th Street, Miami Gardens, Florida, appeared before the City Council in support of Item H-1. He asked that the Council approve this amendment. He said people with troubled past can be redeemed. Denise White, 1210 NW 179th Terrace, Miami Gardens, Florida, appeared before the City Council to ask when would the 2011-2012 budget was available on the website for the residents Regular City Council Minutes July 13, 2011 Page 4 CITY COUNCIL MINUTES - JULY 13, 2011 to review. Manager Crew in response to Ms. White's inquiry said the budget was placed on the website today. Ms. White further asked who many bonds did the City have outstanding and what are the amounts of those bonds. She also wanted to know if the principal and interest on those bonds have been paid on time. She asked what the cost of the Warren Henry Property was, and whether that property was purchase at a loss to the City. Mayor Gibson asked Ms. White to put all of her questions to the City Manager so that she can be assured of getting all of her questions answered. Rod Mack, 3031 NW 171s' Terrace, Miami Gardens, Florida, appeared before the City Council in support of Item H-1. He placed emphasis on the importance of having positive role models in the lives of young people. Especially those role models that can be a positive influence and provide constructive guidance. Kiesha Rule, 2351 NW 179th Terrace, Miami Gardens, Florida, appeared before the City Council in support of Item H-1. She shared that as a coach her job does not end when the game is over. She is therefor her participants 24/7. She urged the Council to approve this ordinance to allow the coaches currently coaching to continue. Robert Kay, 1350 NW 154th Lane Pembroke Pines, Florida, appeared before the City Council and shared that he is the General Manager of Midtown Towing. He said his company currently services several police department within Miami-Dade County, and has never not paid its bills on time. Lauraine Lichtman, 2255 NE 120th Street, North Miami, Florida, appeared before the City Council to further expound on Midtown Towing. She shared that she is the owner of this company, which she started with her husband. She shared that she came up with the idea of towing companies putting up a bond for $10,000.00 -$15,000.00 because cities were not getting payment from the towing companies. She said she has never overcharged and will not deal with body shops. She stated that she has never bounced a check or been late on a payment. Michael Bryant, 20421 NW 43`d Street, Miami Gardens, Florida, appeared before the City Council in support if Item H-1. He shared this is his second year coaching with the City of Miami Gardens. Sandra P. Paul, 18330 NW 10th Court, Miami Gardens, Florida, appeared before the City Council to comment on Item H-1. She pointed some inconsistencies with the ordinance for example one of the criteria stated that if you were convicted of a felony in 2005, you could coach, if you were convicted of two felonies in 1980, you would not be able to coach. She said she was in favor of doing Level Two background checks, especially as it relates to dealing with our children. Regular City Council Minutes July 13, 2011 Page 5 CITY COUNCIL MINUTES - JULY 13, 2011 (I� ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 18-297 OF THE CITY'S CODE OF ORDINANCES RELATING TO PARKS AND RECREATION DEPARTMENT EMPLOYEES AND VOLUNTEERS; 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 COUNCILMAN GILBERT) Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr., to adopt this item on first reading. Councilman Gilbert said one of the most amazing things to witness on the parks is the interaction between coaches and kids. He opined this is probably the largest mentoring program in Miami-Dade County, where you have black men working with young black boys. It is also the greatest cross-section of men. There are going to be professionals, blue collar workers, former felons; the youth will be getting advice for individuals who really want to see them succeed. When the parent cannot control the kid, they call the coach. The coaches are the reason the kids are doing their homework. Councilman Gilbert recounted the history on this particular ordinance. When the City of Miami Gardens became a City, the City's Charter adopted all of Miami-Dade County's ordinances. This ordinance was a part of Miami-Dade County's ordinance, which the city obviously did not know about because it was not enforced for the first seven years of existence as a city. This is the first year we have actually tried to enforce this ordinance. Our previous policy that we would look back ten years and take it on a case by case basis. When staff discovered the ordinance on the books they were forced to enforce it. The ordinance prohibits any person who has had two violent felony convictions from coaching. He said in this community we talk about second changes, restoring rights to vote, civil rights. He said it is time that the city give people who want to reach back and help kids in our community, second changes. Councilwoman Davis asked if this ordinance is adopted how would the coaches be selected. She asked if there would be a review committee involved with the selection. Councilman Gilbert said there will not be a review committee. If the ordinance is adopted and a background check files that an applicant has not had two violent felony convictions within the past ten (10) years, they are allowed to coach. He shared that everybody who have been banned from coaching are all previous coaches. Regular City Council Minutes July 13, 2011 Page 6 CITY COUNCIL MINUTES - JULY 13, 2011 Councilman Andre Williams asked to have Taren Kinglee, HR Director to come forward for clarification purposes. He said he wanted to know the process. Taren Kinglee, HR Director appeared before the City Council and shared that she can speak more specifically about the policy for city employees. In terms of the volunteers she would get involved with the Parks Department had a specific question about someone. When it comes to city employees a background check is initiated through a clearing house. This is a place where counties and municipalities submit background information. That information is reviewed on a case by case basis. A decision is based on where that employee is going to work. Councilman Andre Williams asked whether there was a general city-wide rule. Ms. Kinglee said this rule applies to all city employees. However, when you talk about volunteers this would only apply if the person is being considered as a potential employee. Councilman Andre Williams asked where did the proposed amendment language come from. Attorney Dickens in response to Councilman Williams' inquiry said the underlined language is Councilman Gilbert's proposed amendment to the existing ordinance. Councilman Gilbert in response to Councilman Andre Williams' inquiry said the language comes from conversations with the City Attorney and the Parks Department in determining how the background checks actually works. He said a lot of research was done before the 10 years provision was included. He opined ten years is a pretty long time and most time when someone has been clean for ten years, they are not going to commit a crime. He said when you asked where did the language come from, like every other ordinance that we write, we create the language. Councilman Andrd Williams conveyed appreciation to Councilman Gilbert for his response. He asked whether other cities have passed similar legislation. Councilman Gilbert in response to Councilman Andre Williams' inquiry said different cities have different ordinances. He opined the Town of Miami Lakes has seven years. Councilman Andre Williams stated that he supported this item because he believes in second changes, but would have liked more documentation to have a frame of reference about what goes on in other places. Councilman David Williams Jr., asked to be taken through the procedure of selecting someone to become a coach in the parks. Kara Petty, Parks and Recreation Director appeared before the City Council in response to Councilman David Williams Jr's., inquiry. She said an application is filled out, the applicant Regular City Council Minutes July 13, 2011 Page 7 CITY COUNCIL MINUTES - JULY 13, 2011 also pays for the background check. Fingerprinting is done. The applicant also fills out a disclosure form. This information is mailed to Ms. Petty. She shared that she then determines if the individual is qualified based on the provision of the Code. A determination letter is mailed to the applicant. Councilman David Williams Jr., commented, so we have missed it up to this point. He asked prior to this what happened to the background checks that were conducted. Ms. Petty in response to Councilman David Williams Jr., said the background checks were received. Before the determination was made on a case by case basis. Councilman Gilbert said the only thing this ordinance does is to add a time frame to it. Before if you had two felonies you were banned for life. This amendment provides if you had two felonies over ten years ago, you were not banned for life. Councilman David Williams Jr., asked the ten years will come into play with two violent felony convictions. He said there is a whole other world out there besides football. He said he would like to get a list of the coaches so that they can be invited to the next PTSA meeting. He said in December 2012 he would like to see the fathers participate in the Science Fair. One of the components of this science fair is there must be male participation. Councilwoman Robinson stated that she do agree that people deserve a second chance and is in favor of the ordinance. She invited everyone out to her "Meet Me on Monday Meeting", August 8th at Miami Carol City Senior High School. The topic of this meeting is Education and will focus on kids. Mayor Gibson said she is in support of this ordinance but has some concerns. She made reference to Section 2. She said Numbers 1 and 2 are a bit confusing because it would appear that all can be accomplished with Number 3. Attorney Dickens explained Numbers 1 and 2 relates to one conviction. Number 3 relates two or more of either convictions. Mayor Gibson asked the maker of the ordinance if he would take a look at this language and opined it would be sufficient to deal with Number 3 and take out Numbers 1 and 2. She fiu-ther inquired about the language "the City of Miami Gardens Parks Department reserves the right to refuse any volunteer to volunteer at any city park, if there is good cause. She asked what is"good cause." She asked that the maker of this ordinance also look at"good cause." Mayor Gibson asked whether this proposed ordinance take away staff s ability to look at certain circumstances. She said from her understanding staff has the ability right now to look at certain special circumstances. She asked Ms. Kinglee to come forward to expound on the city's efforts to hire felons to work for the City of Miami Gardens. Taren Kinglee, HR Director appeared before the City Council to expound on the city's Regular City Council Minutes July 13, 2011 Page 8 CITY COUNCIL MINUTES - JULY 13, 2011 current hiring practices as it relates to convicted felons. She shared the city looks at the applicants on a case by case basis. Mayor Gibson asked whether uniformity is being looked at when dealing with all employees of the city. Ms. Kinglee said all employees' backgrounds are screened. If an employee has a hit on their record the hiring would have to go through the HR director for approval. She shared that she looks at every employees' background that comes up with a hit. She said if there is another employee with a similar situation that person is given the same opportunity. She said there is always discretion. Mayor Gibson said she is concerned with losing the ability to have that happen. She said when she asked if there was uniformity throughout the City. Ms. Kinglee said as it relates to the proposed ordinance that only speaks to volunteers and park employees and not all employees of the City. She said in this case, she would use that ordinance with park employees but all other employees would not be subject to the same provision. Mayor Gibson for clarification purposes stated, so what we are saying is the only department, you cannot with the ten years, you cannot work here. But other employees are looked at differently. She reiterated that she is concerned about that. She asked because we do not have uniformity is the city placed in any legal liability. Attorney Dickens in response to Mayor Gibson's inquiry replied, "No." Manager Crew said there is a difference in hiring an employee to work on a street crew and an employee to work with children. There is a higher standard for those employees who work on the parks. Councilman Gilbert said this ordinance was adopted by Miami-Dade County and codified by the City. It does treat park employees differently. We have not as a city been treating park employees differently because we did not know about the ordinance. So until recently park employees have been treated the same as other employees. He said he did not personally have a problem with eliminating 1 and 2 and going with 3. The "good cause" was included after talking with staff. If you were released from prison in 2005 for murder, you could walk out into a field and coach. If you did two are robberies thirty years ago, you could not coach. He reiterated the "good cause" language is in there because staff wants the ability to talk about a potential applicant's particular circumstance. He said he was also comfortable with going on a case by case basis. Manager Crew said he truly believes in redemption but there needs to be some kind of time period in the ordinance, where you do not see a re-occurrence. Regular City Council Minutes July 13, 2011 Page 9 CITY COUNCIL MINUTES - JULY 13, 2011 Councilman Gilbert explained, the ten years applies to someone that commits two felonies. In this case you would be changing it to one violent felony in ten years. He opined changing the criteria to one felony would not work because it would exclude a lot more people. He said language could be added to provide for discretion. Vice Mayor Campbell said if there is a way to amend the language to make this a better ordinance he would like to see the Council do that. Councilman Andre Williams conveyed agreement with Vice Mayor Campbell's statements. He said he was not comfortable with making wholesale changes, and if we could limit our discussion to this specific revision we would have better dialogue. Councilman Gilbert said from discussion with the City Attorney his thought is that this item should be approved, then bring it back with some revisions. Vice Mayor Campbell said that he know there are some staff members and citizens who might be uncomfortable with what we are trying to do. The fact of the matter is we live in a unique community and is not like a lot of other communities. Other communities have volunteers who are professional people who are teachers and college educated people. However, whether you like it or not in our community we have a lot of people who are not like that, but they can contribute something to our community. He opined the folks who are here feeling uncomfortable with what we are trying to do should be more realistic about what is really going on in the community. He shared that he can remember when he was unlawful arrested in 1997, for three felonies. Councilman Gilbert told the Council that he would meet with the City Attorney to address their items of concern, and asked for their approval on the item as presented tonight. There being no further discussion on the item, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilwoman Lisa Davis: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Vice Mayor Campbell: Yes Mayor Shirley Gibson: Yes Mayor Gibson shared with the audience that when people say that Miami Gardens is treating them unfairly just remember we were living under Miami-Dade County rules and regulations. The Council has been diligently trying to change that. H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,AMENDING SECTION 2-443(a) OF Regular City Council Minutes July 13, 2011 Page 10 CITY COUNCIL MINUTES - JULY 13, 2011 ARTICLE V OF THE CODE OF ORDINANCES, RELATING TO QUALIFYING PERIODS; 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 CLERK) Clerk Taylor explained this is a housekeeping item due to the new Election Laws adopted by the State Legislature. The qualifying period is being changed from the first Monday in June to the third Tuesday in May, ending the fourth Tuesday in May. Motion offered by Councilman Andre Williams, seconded by Councilman Gilbert to adopt this item on first reading. There being no discussion, the motion to adopt on first reading passed and carried by a 7- 0 vote. Councilwoman Lisa Davis: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Mayor Shirley Gibson: Yes Vice Mayor Campbell: Yes H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE V, SECTION 2-446 OF THE CODE OF ORDINANCES, RELATING TO THE INSTALLATION OF NEWLY ELECTED OFFICIALS; 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 CLERK) Clerk Taylor explained this is also a housekeeping item which provided for the installation of newly elected officials to take place at a time and date determined by the City Clerk. This is due in part because Miami-Dade County Division of Election can take up to seven days from the date of the Election to certify the results of the election. Motion offered by Councilman Andre Williams, seconded by Councilwoman Davis to adopt this item on first reading. There being no discussion, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilman Oliver G. Gilbert III: Yes Regular City Council Minutes July 13, 2011 Page 11 CITY COUNCIL MINUTES - JULY 13, 2011 Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Mayor Shirley Gibson: Yes Councilwoman Lisa Davis: Yes Vice Mayor Campbell: Yes H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 2-51(I) OF THE CODE OF ORDINANCES RELATING TO THE PROCESS FOR ESTABLISHING A CONSENT AGENDA; 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 COUNCILMAN GILBERT) Councilman Gilbert explained this would allow a single council member to remove items from the Consent Agenda without having to obtain a second and an affirmative vote. Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr. to adopt this item on first reading. Vice Mayor Campbell shared that he had discussions previously with the City Attorney about establishing a criteria for the Consent Agenda. Councilman Gilbert said that criteria for the Consent Agenda can be drafted. He said right now the manager's staff through the City Manager put items on the Consent Agenda. This changes that process slightly. With this amendment the mayor would have to approve it. He explained the reason he has the mayor approve the items is because the Consent Agenda is suppose to be for non-controversial items. Previously staff s interpretation of non-controversial has not always been in line with what the elected official interpretation of non-controversial. Right now we need to have somebody who is actually elected by the people speaking about what is on the Consent Agenda. The Council will still be able to place their items on the Consent Agenda without a problem. Councilman Gilbert said if it is the Vice Mayor's pleasure he would try to work on criteria for the Consent Agenda. Attorney Dickens shared that she did have this discussion with Vice Mayor Campbell and they could not come up with anything because it is so difficult but she would certainly take a look at it. There being no further discussion, the motion to adopt this item on first reading passed and carried by a 7-0 vote. Regular City Council Minutes July 13, 2011 Page 12 CITY COUNCIL MINUTES - JULY 1312011 Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Councilman Oliver G. Gilbert: Yes Vice Mayor Campbell: Yes Mayor Shirley Gibson: Yes (n ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2011-12-254 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 14, ARTICLE IX CREATING "DIVISION 1. GENERALLY"; CREATING "DIVISION 2. TETHERING OF CANINES"; RENUMBERING SECTIONS 14-588 THROUGH 14-594 TO SECTIONS 14-619 THROUGH 14-625; CREATING "DIVISION 3. REGULATING THE REMOVAL AND PROPER DISPOSAL OF ANIMAL FECAL MATTER ON PUBLIC AND PRIVATE PROPERTY"; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; 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 COUNCILMAN DAVID WILLIAMS JR. & COUNCILWOMAN LISA C. DAVIS) Mayor Gibson opened the floor for this public hearing. Flora Johnson, 1910 NW 163`d Street Road, Miami Gardens, Florida, appeared before the City Council to get clarification about the penalty and what department would have jurisdiction. Mayor Gibson said at the last meeting it was determined that Code Enforcement would be called. Attorney Dickens said the act did not have to be witnessed if there is sufficient evidence the Special Master will make a determination. Francis Ragoo, 889 NW_appeared before the City Council to suggest DNA evidence. Vice Mayor Campbell agreed that this might be difficult to enforce but it is a deterrent. He opined sometime when there is an ordinance on the book people will start complying. Regular City Council Minutes July 13, 2011 Page 13 CITY COUNCIL MINUTES - JULY 13, 2011 Ms. Johnson reappeared before the City Council and shared that the City also has a livestock ordinance on the book. There is a homeowner in her neighborhood that has a goat in their yard. Code enforcement has been out to this property three times. Wendell James, 18820 NW 29h Place, Miami Gardens, Florida, appeared before the City Council and shared it would be more practical if everyone that walk their dog would carry a bag to clean up after their pet. There being no other interested parties to speak on this item the public hearing closed. Motion offered by Councilman David Williams Jr., seconded by Councilman Gilbert and Councilwoman Davis to adopt this item. There being no further discussion the motion to adopt this item passed and carried by a 7- 0 vote. Councilman Andrd Williams: Yes Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Councilman Oliver G. Gilbert: Yes Vice Mayor Campbell: Yes Councilwoman Felicia Robinson: Yes Mayor Shirley Gibson: Yes ORDINANCE NO. 2011-13-255 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE III TO CREATE "DIVISION 10. FISHING AND GARDENING ADVISORY BOARD"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item,the public hearing closed. Motion offered by Councilman David Williams Jr., seconded by Councilman Andrd Williams to adopt this item. There being no discussion,the motion to adopt this item passed and carried by a 7-0 vote. Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Regular City Council Minutes July 13, 2011 Page 14 CITY COUNCIL MINUTES - JULY 13, 2011 Councilman Oliver G. Gilbert: Yes Vice Mayor Campbell: Yes Councilwoman Felicia Robinson: Yes Councilman Andrd Williams: Yes Mayor Shirley Gibson: Yes (J) RESOLUTION(S)MUBLIC HEARING(S) RESOLUTION NO. 2011-106-1499 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FIVE (5) YEAR CONSOLIDATED PLAN AND SIXTH PROGRAM YEAR ANNUAL ACTION PLAN, ATTACHED HERETO AS EXHIBITS "A" AND "B" AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLANS TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item,the public hearing closed. Motion offered by Vice Mayor Campbell, seconded by Councilman David Williams Jr. to adopt this item. Mayor Gibson asked Mr. Rosemond to expound on this item. Daniel Rosemond, Assistant City Manager/Community Development Director explained this item includes the Five Year Consolidated Plan as well as the Six Year Annual Action Plan. He shared that on a regular basis amend the Annual Action Plan. The Consolidated Plan is amended every five years. Minor modifications have been to provide staff with the ability to move the money more easily between the projects as priorities change. Typically, the Consolidated Plan is not amended. Councilman Andrd Williams asked about the $25,000 allocated for Code Enforcement. Mr. Rosemond in response to Councilman Andrd Williams' inquiry explained the money is used for Code Enforcement Activities in the northern portion of the City. There being no further discussion on this item, the motion to adopt passed and carried by a 7-0 voice vote. (K) CONSENT AGENDA Regular City Council Minutes July 13, 2011 Page 15 CITY COUNCIL MINUTES - JULY 13, 2011 RESOLUTION NO. 2011-107-1500 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RECOGNIZING OCTOBER AS NATIONAL BULLYING PREVENTION MONTH; IMPLEMENTING AN ANTI-BULLYING CAMPAIGN IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY COUNCILWOMAN DAVIS) RESOLUTION NO. 2011-108-1501 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING COUNCILWOMAN FELICIA ROBINSON TO UTILIZE CITY RESOURCES TO HOST A BACK TO SCHOOL HEALTH FAIR AND SCHOOL SUPPLY GIVE-AWAY AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN FELICIA ROBINSON) RESOLUTION NO. 2011-109-1502 K-3) 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 AMENDMENT TO THE AGREEMENT WITH MIAMI-DADE COUNTY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR THE ADJUSTMENT OF GRANT FUNDS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-110-1503 K-4) 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 AGREEMENT WITH PARADIGM CONSTRUCTION MANAGEMENT LLC, IN AN AMOUNT NOT TO EXCEED FIFTY-NINE THOUSAND SIX HUNDRED SEVENTY-EIGHT DOLLARS AND THIRTY CENTS ($599678.30)9 WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY TO FURNISH AND INSTALL ACOUSTICAL WALL PANELS IN THE GYMNASIUM AND AUDITORIUM AT Regular City Council Minutes July 13, 2011 Page 16 CITY COUNCIL MINUTES - JULY 13, 2011 THE BETTY T. FERGUSON RECREATIONAL COMPLEX, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-111-1504 K-6) 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 EXHIBITION AGREEMENT WITH THE CIRCLE OF ONE MARKETING, AS THE AGENT FOR THE CHILDREN'S TRUST MIAMI HEART GALLERY, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) RESOLUTION NO. 2011-112-1505 K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR GIBSON'S APPOINTMENT OF MIGUEL MURPHY TO THE CARIBBEAN AFFAIRS COMMITTEE FOR A THREE-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2011-113-1506 K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILWOMAN ROBINSON'S APPOINTMENT OF MARIO ZAMORA TO THE CARIBBEAN AFFAIRS COMMITTEE FOR A TWO-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN FELICIA ROBINSON) RESOLUTION NO. 2011-114-1507 K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBIT "A" TO TRANSFER THE SUM OF FIVE MILLION, Regular City Council Minutes July 13, 2011 Page 17 CITY COUNCIL MINUTES - JULY 13, 2011 FIVE HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($5,547,000.00) FROM THE CITY'S CURRENT NINE MILLION, EIGHT HUNDRED THIRTY THOUSAND ($9,830,000.00) GENERAL OBLIGATION BOND ("GOB") FOR REIMBURSEMENT OF EXPENDITURES ASSOCIATED WITH THE CONSTRUCTION OF THE BETTY T. FERGUSON RECREATIONAL COMPLEX AND AMPHITHEATER; PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-115-1508 K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO ENTER INTO THAT AGREEMENT FOR BOND COUNSEL SERVICES WITH BRYANT, MILLER & OLIVE, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr., to adopt the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (L) RESOLUTIONS) RESOLUTION NO. 2011-116-1509 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO THE BG GROUP, LLC, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHT THOUSAND,NINE HUNDRED AND TWENTY TWO DOLLARS ($108,922.00), FOR DEMOLITION SERVICES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT ATTACHED HERE TO AS EXHIBIT "A" FOR THIS PURPOSE; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Andre Williams said his question is for both item K-5 and K-9, and asked will there be jobs for residents. Pamela Thompson, Procurement Manager appeared before the City Council to respond to Councilman Andre Williams' inquiry. She indicated that for Item K-9, the company has Regular City Council Minutes July 13, 2011 Page 18 CITY COUNCIL MINUTES - JULY 13, 2011 indicated it will hire two people for this project. She further indicated that the company for Item K-9 has indicated it will hire to people for that project. Motion offered by Councilman Andre Williams, seconded by Mayor Gibson to adopt this item. This motion passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-117-1510 K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO MIDTOWN TOWING OF MIAMI, INC., FOR TOWING AND STORAGE SERVICES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Andre Williams, seconded by Councilman Gilbert to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-118-1511 K-11) 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 AND ADDENDUM WITH MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO UTILIZE THE RECREATIONAL FACILITIES AT AUDREY J. KING PARK AS A POLLING PRECINCT THROUGH DECEMBER 31, 2012, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman David Williams Jr., asked whether the City received compensation for the rental of this facility to Miami-Dade County. Manager Crew said there was no compensation received from Miami-Dade County for the rental of this facility. He shared his belief that there might be a state law that covers the non- compensation issue. Regular City Council Minutes July 13, 2011 Page 19 CITY COUNCIL MINUTES - JULY 13, 2011 Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr., to adopt this item. This motion passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-119-1512 K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO COMMUNITY ASPHALT CORPORATION AND METRIC ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED NINE HUNDRED EIGHTY-THREE THOUSAND SIX HUNDRED FIFTY EIGHT DOLLARS ($983,658.00); AUTHORIZING THE EXPENDITURE OF FIFTY THREE THOUSAND, SIX HUNDRED AND FIFTY EIGHT DOLLAR ($53,658.00) FROM THE STORMWATER FUND FOR THIS PURPOSE; AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman David Williams Jr., shared that on his travels throughout Miami-Dade County he has noticed the low quality of road work done, especially on NW 22nd Avenue in Miami (road uneven). He asked if the City of Miami Gardens could put something in place to ensure our roads are done to the highest standards. Manager Crew explained the City found this situation was happening anything Miami- Dade County did anything to the roads. The City of Miami Gardens has a secret weapon (Structural Engineer) that ensures that type of problem never occurs on paving projects in the City of Miami Gardens. Motion offered by Councilman David Williams Jr., seconded by Councilman Andre Williams to adopt this item. Councilman Andre Williams asked whether residents would be hired for this project. Pamela Thompson, Procurement Manager appeared before the City Council in response to Councilman Andre Williams question and replied, "No, not in this particular instance." Mayor Gibson said since this is a question raised by Councilman Andrd Williams at every Council meeting, perhaps staff should indicate on the cover memorandum whether residents or local vendors would be hired for that particular project. Manager Crew said that information would be provided on future agenda items. Regular City Council Minutes July 13, 2011 Page 20 CITY COUNCIL MINUTES - JULY 13, 2011 There being no further discussion, the motion to adopt this item passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-120-1513 L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2009-24-969 OF THE CITY COUNCIL ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF EQUIPMENT ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS ($2,000,000) FOR THE PURPOSE OF FINANCING OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING VEHICLES, EQUIPMENT AND MACHINERY FOR VARIOUS CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE"; AMENDING THE SECURITY FOR THE BONDS THEREIN AUTHORIZED; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew stated the next five items are housekeeping matters. These are not new bonds. One of the things that is required when you do a bond is to charge a revenue to pay for that bond. You do not have to use that revenue, but you do have to charge it. When you pledge that revenue, you have to pledge twice as much as what the payment on the bond is. This does not affect the budget, but it does give the bond holders the security that there is another pledge. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. There being no discussion,the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-121-1514 L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION 2009- 25-970 OF THE CITY COUNCIL ENTITLED: "A RESOLUTION AUTHORIZING A RESOLUTION OF THE CITY COUNCIL OF Regular City Council Minutes July 13, 2011 Page 21 CITY COUNCIL MINUTES - JULY 13, 2011 THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF TAXABLE LAND ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000) FOR THE PURPOSE OF FINANCING THE COSTS OF PURCHASING CERTAIN PROPERTY DESCRIBED ON EXHIBIT "C" ATTACHED HERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT OF SALE AND PURCHASE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE"; AMENDING THE SECURITY FOR THE BONDS THEREIN AUTHORIZED; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-122-1515 L-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2005-86-263 OF THE CITY COUNCIL ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) FOR THE PURPOSE OF FINANCING OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING VEHICLES, EQUIPMENT AND MACHINERY FOR VARIOUS CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE Regular City Council Minutes July 13, 2011 Page 22 CITY COUNCIL MINUTES - JULY 13, 2011 BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE"; AMENDING THE SECURITY FOR THE BONDS THEREIN AUTHORIZED; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-123-1516 L-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NUMBER 2005-85-262 OF THE CITY COUNCIL ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF LAND ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000) FOR THE PURPOSE OF FINANCING OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING AND RENOVATING EXISTING BUILDINGS AND CONSTRUCTING NEW PUBLIC FACILITIES, PURCHASING LAND FOR, AND FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO FOR, THE SITES OF CITY HALL, PUBLIC WORKS DEPARTMENT FACILITIES AND OTHER PUBLIC FACILITIES, WIDENING ROADS AND MAKING OTHER ROAD IMPROVEMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE"; AMENDING THE SECURITY FOR THE BONDS THEREIN AUTHORIZED; Regular City Council Minutes July 13, 2011 Page 23 CITY COUNCIL MINUTES - JULY 13, 2011 REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Campbell, seconded by Councilmen Gilbert and David Williams Jr.,to adopt this item. There being no discussion,this motion passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-124-1517 L-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION 2007- 180-686 OF THE CITY COUNCIL ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF EQUIPMENT ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR MILLION SEVEN HUNDRED THOUSAND DOLLARS ($4,700,000) FOR THE PURPOSE OF FINANCING OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING VEHICLES, EQUIPMENT AND MACHINERY FOR VARIOUS CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE."; AMENDING THE SECURITY FOR THE BONDS THEREIN AUTHORIZED; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr., to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 7-0 voice vote. Kara Petty was afforded an opportunity to introduce the Assistant Parks and Recreation Director, Ms. Yvette Hartsfield. Ms. Hartsfield was afforded an opportunity to highlight her professional career in Regular City Council Minutes July 13, 2011 Page 24 CITY COUNCIL MINUTES - JULY 13, 2011 government and Parks and Recreation. RESOLUTION NO. 2011-125-1518 L-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO REJECT AN OFFER SUBMITTED TO THE CITY FOR THE PURCHASE OF CERTAIN PROPERTY LOCATED AT N.W. 27th AVENUE AND N.W. 191ST STREET, AS FURTHER DESCRIBED ON THE PURCHASE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A HIGHER PURCHASE PRICE FOR THE PROPERTY, AND IF SUCCESSFUL TO DELIVER A NEGOTIATED PURCHASE AGREEMENT TO THE CITY COUNCIL FOR APPROVAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew stated that an offer was received on the two acres of commercial property owned by the city. He said the offer was for $280,000.00 per acre. However, the property is zoned commercial and he is of the opinion that it is worth more than that offer. Motion offered by Councilman David Williams Jr., seconded by Councilwoman Lisa Davis to adopt this item. Councilman Gilbert asked about rezoning the other property in this area. Manager Crew in response to Councilman Gilbert's question said he was working on rezoning the other property. He said he is trying to get the DRI lifted. Councilman Andre Williams asked whether the City Manager will have to bring this item back every time there is a counter-offer. Attorney Dickens explained this authorizes the City Manager to go back and forth with the offer negotiations and when he comes up with an acceptable offer, ultimately the Council will get to say yes or no. Councilman Andre Williams asked why are we doing it for this property. Manager Crew in response to Councilman Andre Williams' question stated because we have never done this before. Mayor Gibson asked whether this property can be taken off the market if no fair offer is made. Manager Crew said the Council can take the property off the market at anytime. Regular City Council Minutes July 13, 2011 Page 25 CITY COUNCIL MINUTES - JULY 13, 2011 There being no further discussion on this item, the motion to adopt this item passed and carried by a 7-0 voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Manager Crew announced the FY 2011-2012 Budget has been provided to each Council member. The budget workshop with staff is scheduled for Monday, July 181'at 1:00 p.m. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Campbell shared that he visited the Betty T. Ferguson Recreational Complex and from the number of people waiting to use the facility he is concern that it is going to be over utilized. He said the City really needs a large regional park. He suggested having a five year plan to address park expansion. Mayor Gibson recounted the Council was in discussions approximately five years ago about looking at that large piece of property available in the City for a regional park. Having a five year plan but not have anything substantial to purchase the property is going to be very difficult. She acknowledged with the size of this city, a large regional park is needed. She agreed with Vice Mayor Campbell about the over utilization of the BTFRC. One of the things that might be looked at is the capacity of the rooms. That capacity should be enforced. She further shared that the budget for the "Center" should also be looked at. Are we getting enough revenues from the "Center"to maintain it. This needs to be a consideration when discussing and making the budget decisions. Councilwoman Robinson announced that she will be hosting "Meet Me on Monday" meetings every second Monday to address concerns the residents might have. She shared that the first "Meet Me on Monday" meeting was held, July 11, 2011. That meeting dealt with the Venetian Gardens street light situation. The next "Meet Me on Monday" meeting is scheduled for Monday, August 8, 2011, at Miami Carol City Senior High School. The topic for discussion will be on education. All principals in the Miami Gardens area as well as the PTSA Presidents have been invited. She further announced that she is co-hosting a Back to School Event with Councilman David Williams Jr. That event will take place, Saturday, August 6, 2011. Councilman David Williams Jr., indicated that he would like to meet with Councilwoman Robinson and asked the City Clerk to notice this meeting so they can have discussion about the Back to School Event. City Clerk Taylor to be provided with the date and time for this meeting so that all sunshine requirements are adhered to. Councilman David Williams congratulated his colleagues and the staff and employees of the Miami Gardens Police Department for the wonderful things they are doing. Councilwoman Davis announced the Adopt-A-Tree event will take place, Saturday, July 16'h from 9:00 a.m. to 12:00 noon at the Betty T. Ferguson Recreational Complex. Regular City Council Minutes July 13, 2011 Page 26 r , CITY COUNCIL MINUTES - JULY 13, 2011 Councilman David Williams Jr., announced that the mobile unit of the Florida Driver's License division will be on hand at this event to issue driver license renewals and identification card. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC Mayor Gibson forwarded written correspondence to the City Attorney and Councilman Gilbert with regard to Item H-1, for consideration about the time frame for coaching if convicted and their time has been served. (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion be duly seconded the meeting adjourned at 10:20 p.m. Attest: ixc/ /I Z� �� Shi ey ibso , Mayor onetta Taylor, M , City Clerk Regular City Council Minutes July 13, 2011 Page 27