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11.09.2011 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES NOVEMBER 9, 2011 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in Executive Session, Wednesday, November 9, 2011, beginning at 6:08 p.m., in the City Council Chambers, 1515 NW 167 ' Street, Building 6, Suite 200, 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. Mayor Gibson stated "The city attorney has announced at a public meeting that she desires advice concerning the pending litigation matter of city of Miami Gardens Attorney-client session. The executive session will be limited to settlement negotiations or strategy sessions related to litigation expenditures. For the record, there is a court reporter present and this meeting will be held pursuant to section 286.011(8), Florida statutes. The meeting will be transcribed and upon completion, it will be provided to the city clerk. The transcript will remain confidential and not subject to public disclosure, until the conclusion of the litigation. In attendance at the executive session will be myself, mayor Shirley Gibson, Vice Mayor Aaron Campbell Jr., Councilwoman Lisa Davis, Councilman Andre Williams, Councilman David Williams Jr., Councilwoman Felicia Robinson, Councilman Oliver Gilbert III, City Manager Danny O. Crew, City Attorney Sonja K. Dickens, Assistant City Attorney Monica D. Barnes, outside Counsel Jose Sepulveda and Matt Dates, and the court reporter. The estimated length of the session shall be one hour". Upon the conclusion of the session, we will return to the public portion of the meeting to terminate the session. Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to recess the meeting at 6:10 p.m. Reopen public meeting(Council Chambers) At 6:41 p.m., Mayor Gibson called the public meeting back to order. She stated, "An Attorney-client session in the litigation matter, City of Miami Gardens versus Miami-Dade County has been held in accordance with section 286.011(8), Florida statutes. The attorney- client session is hereby terminated. Motion offered by Councilman Gilbert, seconded by Regular City Council Agenda November 9, 2011 Page 1 Councilwoman Robinson and Councilman David Williams Jr., to terminate this meeting at 6:42 p.m. The City Council for the City of Miami Gardens, Florida, met in Regular Session, Wednesday, November 9, 2011, beginning at 7:05 p.m., in the City Council Chambers, 1515 NW 167 ' Street, Building 6, Suite 200, 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 Recited in unison (D) APPROVAL OF MINUTES Regular City Council Minutes—September 26, 2011 Motion offered by Councilman David Williams Jr., seconded by Councilwoman Robinson to adopt the minutes, with necessary corrections, if any. This motion passed and carried by a unanimous voice vote. Regular City Council Minutes—October 12,2011 Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert and Councilwoman Davis to adopt the minutes, with necessary corrections, if any. This motion passed and carried by a unanimous voice vote. Regular City Council Minutes—October 38,26,2011 The approval of this set of minutes was deferred to December 14, 2011 City Council meeting. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Motion offered by Councilwoman Davis, seconded by Councilman Gilbert and Councilwoman Robinson to approve the official agenda as presented. This motion passed and carried by a unanimous voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Yvette Hartsfield,Assistant Parks and Recreation Director—City of Miami Gardens Youth Sports Track Program Yvette Hartsfield, Assistant Parks and Recreation Director appeared before the City Council to acknowledge and thank the Parks and Recreation Staff, volunteers, and parents for Regular City Council Agenda November 9, 2011 Page 2 assisting with the 2011 Miami Gardens Xpress Track Club Season. She shared the Miami Gardens Xpress Track Club concluded a highly successfully season comprised of remarkable achievements and record breaking results. Since its establishment in 2008 Miami Gardens Xpress has continuously maintained a dominant presence in track and field both locally and nationally. The 2011 track season was especially memorable for the City of Miami Gardens, Parks and Recreation Department. The department expanded the size and depth of its youth athletic program by integrating Miami Gardens Xpress into its Youth Sports Division. The collaboration proved to be a tremendous success! Registration exceeded 250 participants! The most participants ever enrolled. In addition, the City of Miami Gardens and Miami Gardens Xpress were able to successfully host two track and field meets at Betty T. Ferguson Recreation Complex. The track and field meet attendance exceeded over 5,000 participants! Although many of Miami Gardens Xpress participants were first year competitors more than 50 participants advanced to the post season. In the AAU ESPN Club Championship in Orlando, FL and another 35 to the Jr. Olympics in New Orleans, LA. The 2011 results yielded record breaking and top performances by nearly every age group that qualified. Today, we are here to acknowledge the accomplishments of those that achieved remarkable results, as well as, the volunteers who dedicated an enormous amount of time and effort to establish Miami Gardens Xpress as one of the premier track clubs in the country. At this time will all the participants including teammates and coaches were acknowledged for this outstanding accomplishment. (G) PUBLIC COMMENTS Dannie McMillon, Chair of the Miami Gardens Commission For Women Advisory Committee appeared before the City Council to present Vice Mayor Campbell with a token of appreciation for his sponsorship of the Commission For Women Retreat, held November 5, 2011. She reported the Retreat was a tremendous success due in part to the invaluable assistance of staff liaison, TaShek Hamlette and the City Clerk. Mark Brown, Black Global Bikers Association, Inc., appeared before the City Council to invite the Council to come out and participate in the Special Need Motorcycle Charity Toy Run. (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2011-29-271. I-1) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S BUDGET FOR THE 2010- 2011 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENTS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Agenda November 9, 2011 Page 3 Manager Crew explained the relevant issues with this item. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Motion offered by 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. Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr. Yes Mayor Shirley Gibson: Yes ORDINANCE NO. 2011-30-272 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE SALE OF CITY OWNED PROPERTY LOCATED AT 2245 BUNCHE PARK DRIVE AND 15620 W. BUNCHE PARK DRIVE, TO LOVE FELLOWSHIP MINISTRIES FOR THE SUM OF FIVE HUNDRED FIVE THOUSAND DOLLARS ($505,000.00); AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO COMPLETE THE SALE OF THE PROPERTY; 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) (18t Reading — September 28, 2011; 2°d Reading deferred from October 12,2011) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Motion offered by Councilwoman Robinson, seconded by Councilman David Williams Jr., to adopt this item. There being no discussion,the motion to adopt passed and carried by a 7-0 vote. Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert: Yes Councilwoman Felicia Robinson: Yes Regular City Council Agenda November 9, 2011 Page 4 Councilman Andre Williams: Yes Councilman David Williams Jr. Yes Vice Mayor Aaron Campbell Jr. Yes Mayor Shirley Gibson: Yes (J) RESOLUTION(S)/PUBLIC HEARING(S) RESOLUTION NO. 2011-181-1574 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S NSP3 PLAN TO INCLUDE REDEVELOPMENT AND RENTAL ACTIVITIES IN ACCORDANCE WITH TABLE 2 INCLUDED IN THE AGENDA MEMO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Daniel Rosemond, Assistant City Manager/Community Development Director appeared before the City Council and recounted in June 2011, the City of Miami Gardens solicited proposals from qualified developers for the use of NSP3 funds to create affordable housing opportunities within the City. Staff recommended two proposals for funding, which were approved by the Council, September 2011. The City's Plan included the acquisition, rehabilitation and resale of abandoned and foreclosed vacant land nor did the Plan include rental housing as it only specifics homeownership. The project to be carried out by RUDG-The Commons, LLC entails the redevelopment of vacant land for rental housing. In order to proceed with the expenditure of these funds, it becomes necessary to amend the NSP3 Plan to include redevelopment and rental activities. The funds will continue to benefit low and moderate- income persons. The budget will be amended by reducing the current activities and increasing the newly created activity. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Motion offered by Councilwoman Robinson, seconded by Councilman David Williams Jr., to adopt this item. There being no discussion, the motion to adopt passed and carried by a unanimous voice vote. (I) CONSENT AGENDA RESOLUTION NO. 2011-182-1575 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN DAVID WILLIAMS JR.'S REAPPOINTMENT OF JOSEPH COOK TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Agenda November 9, 2011 Page 5 (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR) RESOLUTION NO. 2011-183-1576 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TERMINATE THAT CERTAIN PURCHASE CARD AGREEMENT WITH SUNTRUST BANK; AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN PURCHASING CARD AGREEMENT WITH BANK OF AMERICA IN ACCORDANCE WITH STATE CONTRACT NO. 973-120-97-1, 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. 2011-184-1577 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR AARON CAMPBELL, JR.'S APPOINTMENT OF NATASHA COLEBURN TO THE MIAMI GARDENS PROGRESSIVE YOUNG ADULTS ADVISORY COMMITTEE FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) RESOLUTION NO. 2011-185-1578 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO FLORIDA ENGINEERING AND DEVELOPMENT CORP. FOR INFRASTRUCTURE IMPROVEMENTS IN THE VISTA VERDE NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT "A" FOR THIS PURPOSE, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY THOUSAND, EIGHT HUNDRED SIXTY-FIVE DOLLARS AND SEVENTY CENTS ($670,865.70) WHICH AMOUNT INCLUDES A THIRTY THOUSAND DOLLAR ($30,000.00) CONTINGENCY FOR OFF- DUTY POLICE SERVICES; PROVIDIlQG FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Agenda November 9, 2011 Page 6 RESOLUTION NO.2011-186-1579 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN ANDRE WILLL MS' APPOINTMENT OF YAXLEY JAMISON TO THE CITY OF MIAMI GARDENS CITIZENS ADVISORY COMMITTEE FOR A THREE (3) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION NO. 2011-187-1580 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN OLIVER G. GILBERT, III'S APPOINTMENT OF KEVIN BROWN TO THE PARKS AND RECREATION ADVISORY COMMITTEE FOR A ONE (1) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) RESOLUTION NO. 2011-188-1581 K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO L-3 COMMUNICATIONS MOBILE-VISION, INC. IN THE AMOUNT OF SIXTY-SIX THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS AND NINETY-EIGHT CENTS ($66,815.98), FOR THE MAINTENANCE OF MOBILE VISION IN-CAR DIGITAL RECORDING SYSTEMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2011-189-1582 K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE APPROVAL OF A SETTLEMENT IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) IN THE LITIGATION MATTER OF PEREZ-GURRI CORP. DBIA N&J CONSTRUCTION YS. CITY OF MIAMI GARDENS,ETAL, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY TO FINALIZE THE SETTLEMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) Regular City Council Agenda November 9, 2011 Page 7 RESOLUTION NO.2011-190-1583 K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO APPLY FOR A HISTORIC PRESERVATION GRANT FROM THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORIC RESOURCES, IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING A FIFTY THOUSAND DOLLAR ($50,000.00) CASHAN-KIND MATCH; 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 the Consent Agenda. This motion passed and carried by unanimous voice vote. (L) RESOLUTION(S) RESOLUTION NO. 2011-191-1584 L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilwoman Robinson, seconded by Councilman David Williams Jr.,to adopt this item. There being no discussion, the motion to adopt passed and carried by a unanimous voice vote. RESOLUTION NO. 2011-192-1585 L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CITY OF MIAMI GARDENS, FLORIDA TAX ANTICIPATION NOTE, SERIES 2011, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000; PROVIDING FOR THE PAYMENT OF THE NOTE; ESTABLISHING AN INTEREST RATE, MATURITY DATE AND CERTAIN OTHER PROVISIONS CONCERNING THE NOTE; AWARDING THE NOTE TO WELLS FARGO BANK, NATIONAL ASSOCIATION AT A NEGOTIATED SALE; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Agenda November 9, 2011 Page 8 Manager Crew explained this would assist the City's cash flow until the City receives its Ad Valorem Tax Dollars from Miami-Dade County, which is anticipated January-April 2012. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt this item. There being no discussion,this motion passed and carried by a unanimous voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK None (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman David Williams Jr., announced the Elementary Schools Science and Engineering Fair will take place Monday, December 12, 2011, at St. Thomas University. Mayor Gibson announced the next City Council meeting would take place December 14, 2011. She wished everyone a Happy Thanksgiving. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. (P) ADJOURNMENT There being no further discussion to come before this Body and upon a motion being duly made,the meeting adjourned at 7:48 p.m. Attest: S ' le ibson, Mayor onetta Taylor, MiKAC, City Clerk Regular City Council Agenda November 9, 2011 Page 9