Loading...
07.27.2011 CITY COUNCIL MINUTES - JULY 27 ! 2011 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 27, 2011 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, July 27, 2011, beginning at 7:10 p.m., in the City Council Chambers, 1515 NW 167'hStreet, 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 Invocation delivered by Dr. Lester Brown. (C) PLEDGE OF ALLEGIANCE Pledge of Allegiance recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes—July 13,2011 Motion offered by Councilman David Williams Jr., seconded by to adopt the minutes, with the 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 David Williams Jr., seconded to Andre Williams to pull item K-1 from the Consent Agenda. This motion passed and carried by a unanimous vote. Motion offered by Councilman David Williams Jr., seconded by Councilwoman Davis to pull item K-2 from the Consent Agenda. This motion passed and carried by a unanimous vote. Motion offered by to approve the official agenda with the necessary changes. This motion passed and carried by a unanimous vote. Mayor Gibson indicated that she would like to move Item M Report of the City Manager/City Attorney/City Clerk and Item L Report of the City Council forward on the agenda. The rationale is that by the time those Items are heard everyone has left the meeting. She said Regular City Council Agenda July 27, 2011 Page 1 CITY COUNCIL MINUTES - JULY 27 2011 she would like to more those items forward tonight and if it works that this practiced is continued. Also those reports are not lengthy. The "reports" were moved forward to be heard after public comments. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to accept the official agenda with the necessary changes. This motion passed and carried by a unanimous voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) City Manager—Employee of the Month/5 Year Recognition Pin Manager Crew presented five year service pins to: Alfred Lamar Walker, Public Service Supervisor with the City of Miami Gardens Public Works Department; and Jeffrey Freeman, School Crossing Guard with the City of Miami Gardens School Crossing Guard Division Manager Crew bestowed upon Evelyn Sanchez the distinguished recognition as Employee of the Month for the month of July 2011. Deputy Chief Paul Miller appeared before the City Council to honor two officers as Officer of the Month for the month of April 2011. The first honoree is Detective Talibah Kinsey, who is being recognized for her detective skills and team work which she has exhibited. Officer James Pinkney is being recognized is being recognized for his exemplary police work. Sgt. John Mulcahy is being recognized as officer of the month for the month of June 2011. Councilman Andre Williams thanked the police department for the outstanding work it is doing. He asked Deputy Chief Miller to talk briefly about the horrific crime (double homicide at the Mobile Gas Station)that occurred a few days ago without going into specifics. Deputy Chief Miller in response to Councilman Andre Williams comment said this was a horrible and tragic situation and meeting the families made it even more so, and touched him, personally as well as other staff members. He expressed assurance that the police department is doing everything that it can to bring those responsible to justice. He said the department is committed to ensuring that the people who travel the roads and highways in Miami Gardens are safe. He said there has been a thirty (30%) percent decrease in crime since 2007. He reiterated the Miami Gardens Police Department is committed to the public safety of its residents and those traveling through the City. He further shared that violent crimes are not isolated to Miami Gardens. There are incidents happening in other cities that are being reported in the newspapers every day. F 2) Mayor- Gibson--Stfeetwaves A f., a "M ni" (_..odbeeF (G) PUBLIC COMMENTS Dannie McMillion, Chairperson of the Miami Gardens Commission For Women appeared before the City Council to report on two of its activities: 1) Saturday, July 9, 2011 a Women and Girls Conference was held at City Hall. This event was well attended with a lot of valuable information being shared. Councilwoman Felicia Robinson was thanked for her Regular City Council Agenda July 27, 2011 Page 2 CITY COUNCIL MINUTES - JULY 27 2011 participation during this event. 2) Five (5) members of the "Commission"attended the National Association for Commission For Women, July 20-23, 2011. Two of the Miami Gardens Commission For Women members are now serving on the National Board of the Commission For Women (Carolyn Nelson-Godert and Janice Coakley). Travel and hotel expenses for the five (5) members were paid out of pocket. She asked that the Council allocate $10,000 in the FY 2011-2012 Budget for the Commission For Women. Paulette Weems, 3220 NW 174th Terrace, Miami Gardens, Florida, appeared before the City Council to express support for the proposed millage rate. She shared as a resident and employee of the Miami Gardens Police Department residents should educate themselves about the services being provided and the price they pay for those services. Bobby Jackson, 3880 NW 135th Terrace, Miami, Florida, appeared before the City Council in support of the passage of Item 1-1, which would allow volunteers with criminal backgrounds to participate in the City's Sports Program. Princess Bass, 3055 North Bunche Park Drive, Miami Gardens, Florida, appeared before the city Council to ask for more police presence at the parks during the sporting practices and events. She said there was an incident recently on the park where a little boy was beaten to death by five boys. There was another incident involving approximately seventy—five(75) females. Sharon Frazier Stephens, 143 NE 191St Street, Miami, Florida, appeared before the City Council to express her views about youth violence and shared some of the positive programs being sponsored to address this problem. She encouraged everyone to come out in support of these youth violence programs. Janice Coakley, 19681 NW 33`d Avenue, Miami Gardens, Florida, appeared before the City Council in opposition to the millage rate increase. She asked for an itemized budget. Davida Murray, 21050 NW 13th Place, Miami Gardens, Florida, appeared before the City Council in support of the millage increase. She shared that she is not only a resident she is also an employee of the City of Miami Gardens. She stated that when request are made for watch orders because homes are being burglarized,they need to understand that service is not free. She opined that people want the services for a little bit of nothing. The city cannot continue to provide services if people are paying their fair share. Dr. Lester Brown, 18801 NW 29th Court, Miami Gardens, Florida, appeared before the City Council to share if you expect good services you are going to have to spend some money. He reiterated that you have pay for the necessary municipal services. He further emphasized of being examples for the young people. He encouraged everyone to look at the budget in terms of services being rendered. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager's Monthly Report M-2) Police Department Monthly Report Regular City Council Agenda July 27, 2011 Page 3 CITY COUNCIL MINUTES - JULY 27 2011 Manager Crew invited everyone to drive around the community to see some of the things that have been accomplished this year. The Amphitheater was just completed, which is a million dollar addition to the Betty T. Ferguson Recreational Complex. The city is completely rebuilding NW 7th Avenue from 183`d Street to 199th Street. This is a 3 million dollar undertaken. Also within the next month the Wachovia Building on NW 27th Avenue will be demolished. That is the first stage in building a new City Hall. A contractor to build city hall will be brought forward for the Council's consideration in September. (1) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert did not have a report. Vice Mayor Campbell did not have a report. Councilwoman Robinson shared that she is hosting "Meet Me on Monday Meetings". These are community meetings that take place every second Monday of the month. The first meeting took place in July and covered the issue of the much needed street lighting in the Venetian Gardens' neighborhood. The next meeting is scheduled for August 8th and will be held at Miami Carol City High School, beginning at 7:00 p.m. The focus of that meeting will be education. New bus shelters will also be added throughout the city. Lastly, FOOT is resurfacing NW 2nd Avenue. The city has also contributed to that project. Councilman David Williams Jr., announced that he and Councilwoman Robinson were co-hosting a back to school event, August 6th, at the Betty T. Ferguson Recreational Complex from 10:00 a.m. — 1:00 p.m. He further thanked Mayor Gibson as well as city staff for their participation during a meeting on yesterday with Mr. David Lawrence. He further announced that the Miami Gardens Science and Engineer Student Fair will take place December 12 and 13. The 18 elementary schools in the Miami Gardens area are eligible to participate. There will be cash awards for the winners as well as for the school with the most participants. The focus is to get more males involved. He shared about ninety (90%) percent of all science projects are done by females. One of the requirements for entry is male participation. This is an effort to get more fathers involved. Councilman Andrd Williams did not have a report. Councilwoman Davis thanked those residents who came out to the tree give-away. Over 2,300 trees were given to Miami-Dade County and Miami Gardens residents, collectively. Mayor Gibson reminded everyone that the Council is in recess for the month of August. She asked everyone to stay abreast of what is happening because when the Council reconvenes in September it will be discussing and adopting a budget for FY 2011-2012. Councilwoman Robinson further announced the Miami Gardens Police Department would be hosting its annual Night Out, August 2, 2011, beginning at 6:00 p.m., at the Betty T. Ferguson Recreational Complex. Councilman David Williams Jr., announced two science workshops for parents will be Regular City Council Agenda July 27, 2011 Page 4 CITY COUNCIL MINUTES - JULY 27 2011 held; one in October and one in November. This information will be provided to all elementary schools one week prior to the start of school. The information will be provided in CD Rom, Junk Drive and hardcopy. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES TO REPEAL SECTION 18-161 ENTITLED "HUNTING AND FIREARMS"; 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 THE CITY ATTORNEY) Attorney Dickens explained this is an item that came out of the Tallahassee Legislature this last session. Guns in Florida have always been governed by the State however previously cities and municipalities were allowed to do certain things at it related to gun possession and things of that nature. Now cities and municipalities can no longer regulate gun possession. The police department can still enforce the state statutes. However, the City can no longer prohibit people from having guns in city owned parks. This ordinance just cleans up the City's books so that the city does not have this on its books. Manager Crew opined that the public does not understand what the legislature has done. He said you will be able to see people coming to the football games with AK-47's. Municipal laws are no longer optional in the State of Florida. Councilman Gilbert said he could not support this item. Mayor Gibson stated that voting"yes" is not approving what the State has done. Attorney Dickens conveyed understanding of Councilman Gilbert's concern however the item before the Council is just taking a provision out of the City's Code of Ordinances that is no longer applicable because State Law supersedes. Councilwoman Davis asked about the liability issue. Attorney Dickens in response to Councilwoman Davis explained if you attempt to prohibit guns in a city park, you can be held liable and fined because there is no law against it. Councilman Gilbert shared the reason he would not vote to take this ordinance off the books is because our ordinance is an expression of our beliefs and values. If we take it off the books we are saying we do not value that. He said he still values the idea that individuals should not be walking across our parks with guns. If we cannot enforce it because the state says so then Regular City Council Agenda July 27, 2011 Page 5 CITY COUNCIL MINUTES - JULY 27 12011 that is fine. He said he was not trying to tell anyone else how to vote. He opined we are really going in the wrong direction with this. This makes no sense. Vice Mayor Campbell opined this was legislation sponsored by someone from north Florida who does not care about urban conditions. He said it is sad that a piece of legislation can be passed like this by a body of people who is suppose to be concerned about the welfare of the people who elected them. Motion offered by Councilman Andre Williams, seconded by Councilwoman Davis to adopt this item on first reading. At the conclusion of this discussion, the motion to adopt on first reading failed by a 0-7 vote. Vice Mayor Aaron Campbell Jr.: No Councilwoman Lisa C. Davis: No Councilman Oliver G. Gilbert III: No Councilwoman Felicia Robinson: No Councilman Andre Williams: No Councilman David Williams Jr.: No Mayor Shirley Gibson: No H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER UPON WRITTEN RECOMMENDATION BY THE FINANCE DIRECTOR AND APPROVAL BY THE CITY ATTORNEY TO TAKE ANY ACTIONS NECESSARY TO ENTER INTO AN AGREEMENT WITH THE CITY'S PRINCIPAL DEPOSITORY, FOR THE ISSUANCE OF TAX ANTICIPATION NOTES OR OTHER APPROPRIATE BORROWING INSTRUMENT FOR THE PURPOSE OF ENSURING ADEQUATE CASH FLOW UNTIL SUCH TIME AS SUFFICIENT AD VALOREM TAXES HAVE BEEN REMITTED BY THE TAX COLLECTOR FOR MIAMI-DADE COUNTY TO PAY THE OBLIGATIONS OF THE CITY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained this is the same procedure we did last year. The city does not have a large fund balance, and when October comes the city runs low in actual cash. This is due in part because most of the city's money comes in in December with the property taxes are paid. This was done last year but the city did not have to use it because it had enough cash to pay its obligations. Regular City Council Agenda July 27, 2011 Page 6 CITY COUNCIL MINUTES - JULY 27 12011 Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item on first reading. There being no discussion on this item, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr.: Yes Mayor Shirley Gibson: Yes H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 4, ARTICLE II, SECTION 4-40 OF THE CODE OF ORDINANCE TO CREATE REGULATIONS RELATING TO MULTIPLE TENT SALES; AMENDING CHAPTER 4, ARTICLE II OF THE CODE OF ORDINANCE TO CREATE A NEW SECTION 4-45 RELATING TO REGULATIONS FOR FOOD TRUCKS; RENUMBERING THE EXISTING SECTION 4-45 TO 4-46; AMENDING SECTION CHAPTER 34, ARTICLE VII SECTION 34-288(13) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO BOX LUNCHES, TRANSIENT CATERING TRUCKS; 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 OLIVER G. GILBERT III) Renee Crichton, Deputy City Manager appeared before the City Council to explain this item. She shared currently the City of Miami Gardens has limitation on catering and food trucks and the hours of operations that they can operate within the City. Currently the can only operate two hours at a time and only in certain areas. There has been an explosion of food truck events where twenty or more food trucks come together to sell items. The city's current code would prohibit that kind of positive event from happening here. This ordinance would allow food trucks and food truck food courts under very limited circumstances during a calendar year. They must go through a special permit process through the Building and Code Compliance Department. It also allows multiple tent sales to happen if it is tied to a licensed business within the City. Currently a license business can have one tent sale a year, with only one tent. Now they will be able to do one tent sale a year with multiple tents. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt Regular City Council Agenda July 27, 2011 Page 7 CITY COUNCIL MINUTES - JULY 2712011 this item on first reading. Councilman Andre Williams asked whether this would cover those tent sales for mother's day baskets. Ms. Crichton in response to Councilman Andre Williams' question said that is separate and is covered under the City's Zoning Code. At the conclusion of this discussion,the motion to adopt on first reading passed and carried by a 7-0 vote. Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Mayor Shirley Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2011-14-256 I-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) 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 Robinson to adopt this item. Councilman Andre Williams asked someone from the administration to explain this ordinance. Councilman Gilbert said it would be better if he did that. He explained the City currently has on its books an ordinance that was originally adopted by Miami-Dade County. That ordinance provides that if you had two violent felonies in your entire life you could not volunteer at local schools and parks. He said this is an ordinance that Miami-Dade County never actually Regular City Council Agenda July 27, 2011 Page 8 CITY COUNCIL MINUTES - JULY 2712011 enforced. That ordinance is saying that someone who had a violent felony at age 18 cannot volunteer to work with kids even though he is now 50 years old. The proposed ordinance would correct that. The people who are being barred from volunteering are the same people who have been volunteering with these same kids on the same parks for the past ten years. He said we are not letting anybody new in the parks. What this is essentially saying is that once you have paid your debt to society, and you have lived your life right, we will allow you to be fully incorporated into society. Councilman Andre Williams directed his comments to Deputy Chief Miller and said you have heard the request for more police presence at the parks. He said there is a cost for everything that we do. He asked what is the cost associated with the proposed change to the ordinance. In other words would there be additional cost for enforcement at the parks. Councilman Gilbert stated the ordinance has no financial impact for police overtime. Deputy Chief Miller in response to Councilman Andre Williams said there is no financial impact as it relates to this ordinance. He shared during the optimist football season the police department has an allotment of police officers assigned to those games. The budget for this year's season is approximately $56,000.00 (overtime detail). Councilman Andre Williams shared that he saw an article on CNN with regard to gambling at these youth football games. He asked whether that is an issue this Council needs to be concerned about. Deputy Chief Miller said this is an issue the police department has heard about however gambling is hard to detect by law enforcement unless there is some inside information. Councilman David Williams Jr., asked who incurs the cost for police service during these games. Deputy Chief Miller said the cost comes from the police department's budget. Councilman David Williams Jr., asked if he, as a citizen wanted police presence at an event would he have to pay for it. Deputy Chief Miller said he would have to pay for the police presence at the off-duty rate. There being no further discussion on this item, the motion to adopt passed and carried by a 5-2 vote. Councilwoman Felicia Robinson: Yes Councilman Andre Williams: No Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr.: Yes Regular City Council Agenda July 27, 2011 Page 9 CITY COUNCIL MINUTES - JULY 27 2011 Councilwoman Lisa C. Davis: No Councilman Oliver G. Gilbert III: Yes Mayor Gibson: Yes ORDINANCE NO. 2011-15-257 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 2-443(a) OF 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 item is a result of the changes made to the State's Election Law. That law moved the State's Primary Election from the later part of August to the second week in August. In order for the city to meet its deadlines to ensure that Miami Gardens General Election occurs at the same time, which is mandated by the City's Charter, the qualifying dates had to be changed. This ordinance provides that those qualifying dates will take place the third Tuesday in May and will end the fourth Tuesday in May. 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 Davis to adopt this item. There being no discussion,the motion to adopt passed and carried by a 7-0 vote. Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Mayor Shirley Gibson: Yes ORDINANCE NO. 2011-16-258 I-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 Regular City Council Agenda July 27, 2011 Page 10 CITY COUNCIL MINUTES - JULY 27 2011 CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) Clerk Taylor explained the current code provides that installation of newly elected officials shall take place the first Monday after the election at 12 Noon. Miami-Dade County has seven days to provide the Certified Results of that election. Therefore this ordinance changes that installation to provide that the City Clerk shall set the date and time once Certification has been received from Miami-Dade County Division of Elections. 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 Davis to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 7-0 vote. Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes _ Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Mayor Shirley Gibson: Yes ORDINANCE NO. 2011-17-259 I-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) Mayor Gibson opened the floor for this public hearing. Betty T. Ferguson, 1625 NW 188 ' Terrace, Miami Gardens, Florida,(UPPAC Representative) appeared before the City Council to thank Councilman Gilbert for sponsoring the ordinance to deal with an issue which the community has been trying to get someone to address for a long time. If you use the word"Consent'there should be a clear definition of what that means. The only in writing says "non controversial items". No real definition of"non- controversial" in writing. She requested that this ordinance be deferred until the following Regular City Council Agenda July 27, 2011 Page 11 CITY COUNCIL MINUTES - JULY 27 2011 changes have been made: 1) It should a definition, an example of non-controversial; 2) items submitted by the Manager should not need the approval of the Mayor. They should be signed off by the City Attorney as being legally sufficient and meeting the definition of non-controversial, once that has been established; 3) the following language in the first sentence should be eliminated "an approval of the mayor." In the second sentence the following language should be eliminated "however each member of the city council shall have the authority to place self sponsored items on the consent agenda without prior approval". She said there nothing wrong with each council member placing items on the agenda however there should be a clear distinction between consent and regular agenda. Ms. Ferguson opined if the Council approves the underlined items in this ordinance it is giving the Mayor more power than the present Charter. She conveyed belief that that would require a charter change. She said it is not appropriate to make a Charter change through this process. She said they did not have a problem with the mayor and members of the council placing items on the regular agenda. 4) the agenda memorandum be amended to add a check off box that requires the signature of the city attorney for legal sufficiency on the item. She further shared that police officers should be required to live in the city just like the city manager and the elected officials. She shared that they are not CAVE people (Citizens Against Virtually Everything). They are concerned citizens, readers who try to keep up with what is happening in this world. We are concerned taxpayers and are intelligent enough to know that we should not establish bad policy because you happen to like the elected officials or administrators in office right now because you are opening the door for future abuse. Ms. Ferguson opined an informed citizenry is the biggest threat to anarchy. She said UPPAC will continue to stay informed. She again asked that the ordinance be deferred until some of the concerns, if not all are addressed. Ms. Ferguson further thanked Mayor Gibson for all that she has done for the City of Miami Gardens; for stepping up to the bat and being the first mayor of this city. It is a true sacrifice. She informed Mayor Gibson that the people thank her, love her and respects her. Denise White, 1210 NW 179th Terrace, Miami Gardens, Florida, appeared before the city Council and shared that Ms. Ferguson touched on everything she wanted to talk about. She also thanked the City Manager for the written answers to her questions. There being no further interested parties to speak on this item,the public hearing closed. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. Councilman Gilbert said he wanted to address a couple comments made by Ms. Ferguson. He shared that he is equally enthused that she and other residents will always remain engaged in the process. This particular ordinance fixes something that he saw was an issue. It primarily allows any council member to pull any item from the consent agenda without a second and without a motion. At the last meeting the Vice Mayor and the City Attorney talked about Regular City Council Agenda July 27, 2011 Page 12 CITY COUNCIL MINUTES - JULY 2712011 how they actually tried to come up with a definition of what non-controversial was. He said if he deferred this until they came up with a definition of what non-controversial was, the item probably would not come back. With the many issues that comes before the Council it is very difficult to narrow what is non-controversial. All the money that is spent on the consent agenda are for budgeted items. He said he would not move to defer the item now but he would try to come up with a definition for non-controversial. The language with regard to the Mayor is in this ordinance because prior to that the determination of what was controversial and non- controversial was being made by a non-elected official. The reason why the Mayor is being delegated this authority by the council is because she is ultimately responsible to the residents. If we come up with a good definition of non-controversial then it would be self authorizing, which means no one will have to authorize it. Until that time it is best to have an elected official make that determination as opposed to an appointed official. He opined while he is looking at what non-controversial is, the council should approve this item that allows any council member to pull the item. If the item remains as it, it would require four votes of the Council, which essentially makes the manager placing the item on the consent agenda more powerful than any three elected officials. He opined this item should be passed and if need be the consent agenda could be workshopped. He further shared that all items are reviewed for legal sufficiency. Vice Mayor Campbell opined a criteria for what should go on the consent agenda should be looked at as opposed to trying to identify those non-controversial items. He agreed coming up with a definition might be difficult. He reiterated that he would prefer to deal with specific criteria as to what would go on the consent agenda. He opined this ordinance can easily be amended at the appropriate time to accomplish that. He said he was in favor of the ordinance as is and can address later on what that criteria is. Councilman David Williams Jr., said he did not see a problem with delaying this item. He opined there are too many questions that are not clear. The council has delayed and deferred other items. He said he did not see the downside to deferring or delaying this item to the Council's next meeting. There being no further discussion on this item, the motion to adopt passed and carried by a 4-3 vote. Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: No Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: No Councilman David Williams Jr.: No Mayor Shirley Gibson: Yes Councilman Gilbert stated for the record that if the item had been defeated it could not have been revisited for one year. Regular City Council Agenda July 27, 2011 Page 13 CITY COUNCIL MINUTES - JULY 27 2011 (.i) RESOLUTION(S)/PUBLIC HEARING(S) None. (K) CONSENT AGENDA RESOLUTION NO.2011-126-1519 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO DESIGN LAB, INC. FOR THE PURCHASE OF PUBLIC SAFETY UNIFORMS; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) FOR THE INITIAL TERM OF THE AGREEMENT AND ANY RENEWAL PERIODS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-127-1520 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO O'BRIEN'S RESPONSE MANAGEMENT, INC. FOR DISASTER DEBRIS MONITORING SERVICES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT 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. 2011-128-1521 K-5) 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 RENEWAL AGREEMENT WITH AVMED HEALTH PLANS FOR MEDICAL INSURANCE IN THE AMOUNT OF FOUR MILLION THREE HUNDRED SIXTY- SEVEN THOUSAND SIX HUNDRED FIFTY-TWO DOLLARS ($4,367,652.00), 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) Motion offered by Councilman Andre Williams, seconded by Councilman David Williams Jr.,to adopt the Consent Agenda. Regular City Council Agenda July 27, 2011 Page 14 CITY COUNCIL MINUTES - JULY 27 2011 There being no discussion on the Consent Agenda the motion to adopt passed and carried by a unanimous voice vote. (L) RESOLUTION(S) RESOLUTION NO. 2011-129-1522 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE PROPOSED FEE SCHEDULE FOR AFTER SCHOOL PROGRAMS AT DESIGNATED CITY PARKS FOR THE REMAINDER OF THE 2011 FISCAL YEAR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman David Williams stated that he has a problem with the elimination of discounts for city employees. He asked how many employees now take advantage of this. Kara Petty, Parks and Recreation Director appeared before the City Council in response to Councilman David Williams' question. She said there are approximately 25 employees involved with this program. Councilman David Williams asked what is the rationale for eliminating the employee's discount. Ms Petty said this issue was looked at across the board. She shared that there has been approximately $65,000 worth of employee discounts throughout the year. Daniel Rosemond, Assistant City Manager appeared before the City Council and stated the issue is really not about those services are benefits being cut from the employee. The issue is about looking the totality of parks programming in this particular item, and really providing equality level of cost verses the revenues what the program brings in. Staff tried to look across the board in terms of true costs. Councilman Gilbert asked whether the city would still be less expensive than other programs. Ms. Petty in response to Councilman Gilbert's question said if the participants receive transportation it would be the same rate as the YMCA. However they do not offer a lot of the things that the City of Miami Gardens offers. Councilman Gilbert commented even with the proposed fee the City is still subsidizing the program. Ms. Petty in response to Councilman Gilbert's comment said, "Correct." Councilman Gilbert opined this item should have been placed on the agenda after Regular City Council Agenda July 27, 2011 Page 15 CITY COUNCIL MINUTES - JULY 27 2011 discussion about the millage because this is really a millage question. The question about whether employees should have half off is a millage question. This is also true with the fee schedule. None of the programming pays for itself. So, the question is how much are we going to subsidize it out of the General Fund. Councilman David Williams Jr., asked whether the YMCA offered discounts for its program. Ms. Petty in response to Councilman David Williams' question said the YMCA did offer some scholarships,which participants had to qualify for. Councilman David Williams Jr., referenced the fee schedule and commented he cannot go to any other city as a non-resident and pay the same fee as residents. He commented we are already subsidizing other people that come to this city and use the parks. Councilman Gilbert said this is a part of the Interlocal Agreement between Miami-Dade County and the City of Miami Gardens. Mayor Gibson referenced the Betty T. Ferguson Recreational Complex and the number of individuals utilizing that facility. She shared for conversation with the City Manager and looking at the documentation approximately 65,000 individuals have utilized this facility. She shared that she utilizes the fitness center there and can already see the wear and tear on that facility (equipment breaking down/out of order). She said we are going to have to charge to use these facilities because we are going to have to maintain them. Motion offered by Councilman David Williams Jr., seconded by Councilwoman Davis to adopt this item. There being no further discussion on this item, the motion to adopt passed and carried by a 6-1 vote. Councilman Oliver G. Gilbert: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: No Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Mayor Gibson: Yes Mayor Gibson afforded Ms. Ferguson another opportunity to speak before the Council. Ms. Ferguson thanked Mayor Gibson for allowing her this privilege. She shared that her passion is to educate grassroots about processes. She pointed out that Item I-4, which dealt with the consent agenda all she was asking was for the underlined portion in sentence one and sentence two to be eliminated. All that would have done would eliminate the need for the Regular City Council Agenda July 27, 2011 Page 16 CITY COUNCIL MINUTES - JULY 27 2011 approval of the mayor and eliminate the authority for each of you to place self sponsored items on the agenda. That could have been done through an amendment to this, if you wanted to do that. It could have been done if you wanted to address more of the issues by deferring the item until the next meeting. She shared that she knows that Councilman Gilbert as an attorney knows that to defer an item does not mean that you cannot bring it back. She said she was emphasizing this because when you build confidence from your community in what you are doing, it goes a long way. She said she did not have a problem with what the Council is doing as long as it is transparent and open because that is what the people elected them to do, but do not pretend it is one thing when it is another( smoke and mirrors). RESOLUTION NO. 2011-130-1523 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE USAGE FEES FOR THE BETTY T. FERGUSON RECREATIONAL COMPLEX AS SHOWN ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman David Williams Jr., seconded by Councilman Gilbert to adopt this item. Councilman David Williams Jr., opined all the fees should be higher but we should also allow the employees a discount. Kara Petty, Parks and Recreation Director appeared before the City Council and explained the daily fee changed. Councilman Gilbert expounded on this by explaining there were individuals utilizing the facility on a daily basis and paid the daily fee without buying a membership. This item encourages individuals and provides an incentive to buy semi-annual and annual memberships. There being no further discussion on this item, the motion to adopt passed and carried by a unanimous voice vote. RESOLUTION NO. 2011-131-1524 L-1) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2011-2012 OF 6.5616; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSORED BY THE CITY MANAGER) Regular City Council Agenda July 27, 2011 Page 17 CITY COUNCIL MINUTES - JULY 27 2011 Manager Crew explained this is not about the budget. Florida law requires municipalities to set a maximum millage rate in July, even before the budget is considered in September. What that means is that you can never go higher than what you set, but you can go lower. The current millage rate is 5.7. The rollback rate is rate that the State says is no tax increase. Even though the millage may go up or down there is no tax increase because the city of Miami Gardens will not receive any more money than it got the year before. When property values go up that rollback rate goes down. When property values go down that rollback rate goes up. The proposed budget provided to the Council earlier this month is a balanced budget, based upon the rollback rate. There is no tax increase in the budget. However, as you know these past three years have been a disaster not only on Miami Gardens but on most cities. Miami Gardens has to make some serious cuts in the budget this year to balance it. A lot of those cuts are on the backs of the employees. Employees are being asked to take furloughs this coming year that amounts from two (2%) percent to nine (9%) to ten (10%) percent of their pay. He shared that he is taking the more furlough days than anyone else in the city. There are no raises as well as cost of living increases in the budget this year. The entire impact on employees in this coming budget is between five and six million dollars. He stated that his recommendation is that the Council go with the rollback rate for the budget. Four years ago the reserve for emergencies was approximately nine million dollars. By the end of September 2011 that reserve will be approximately 1.8 million dollars. He shared that Hurricane Wilma, which was a category 2 hurricane cost the city eight million dollars, for cleanup. Eventually the city was reimbursed seven million dollars of the eight million spent. Manager Crew shared the city got its New York bond rating raised last year because of the actions that have been taken here. He said in order to preserve that and the future of this city the reserve fund needs to be addressed. What is before the Council is the manager's recommendation on how that can be done. He provide three different alternatives: 1) five (5%) percent in the tax rate; 2) eight (8%) percent increase or; 3) maximum percent increase allowed by law, which is eleven (11%) percent. He said the property value in this city has decreased. We are now the 4`h lowest property valued city in Miami-Dade County. He explained when the city taxes its residents one mill,the city received about three million dollars. When Miami Lakes taxes its residents one mill that city receives between eight and nine million dollars. Manager Crew recommended going with the maximum millage rate, which is an eleven (11%) percent tax increase. For the average homeowner in this city an eleven percent tax increase is $22.00 annually. There are between four and five thousand homes that pay zero taxes. Even with this maximum millage rate, the City of Miami Gardens will still have the lowest tax rate of any city with a population of this size. He further shared that all the property taxes that residents pay collectively in this city is approximately 19 million dollars. The city's police department cost approximately 32 million dollars to operate. The maximum millage rate being recommended is 6.5616. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt this resolution. Regular City Council Agenda July 27, 2011 Page 18 CITY COUNCIL MINUTES - JULY 27 2011 Councilman Gilbert asked about the millage rate for last fiscal year. He said it is important to note that the Council did not go with the recommended rollback millage rate last fiscal year. He said if we do not set the maximum rate we are not going to be able to maintain services. In this particular instant we are talking about employees. He further shared that thirty- three (33%) percent of the City's employees are residents of the city. Furthermore, the employees did not have merit increases nor cost of living increases last year. They also took furloughs, which equates essentially to a salary cut. Manager Crew shared in the last year and a half he has cut 150 positions out of the city. Staff has done everything that it can to bring a balance budget to the council. He said this tax increase is not about the budget, but the financial future of the city. Councilwoman Davis asked for clarity, once this millage rate is set it can be lowered. Manager Crew in response to Councilwoman Davis' question said the millage rate can be lowered in September. Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr., to amend the resolution to include the millage rate of 6.5616. There being no further discussion on this amendment, the motion passed and carried by a 6-1 vote. Councilman Andre Williams: No Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilwoman Felicia Robinson: Yes Mayor Shirley Gibson: Yes There being no further discussion on the resolution as a whole, the motion to adopt passed and carried by a 6-1 vote. Councilman Andre Williams: No Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilwoman Felicia Robinson: Yes Mayor Shirley Gibson: Yes RESOLUTION NO. 2011-132-1525 L-2) 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 FISCAL AGENT Regular City Council Agenda July 27, 2011 Page 19 CITY COUNCIL MINUTES - JULY 27 2011 AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE MIAMI GARDENS EXCELLENCE IN EDUCATION COMPACT, 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 MAYOR SHIRLEY GIBSON) 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 unanimous voice vote. (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 9:35 p.m. Attest: Shirley Gibson, Mayor onetta Taylor, WC, City Clerk Regular City Council Agenda July 27, 2011 Page 20