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05.13.2010 CITY COUNCIL MINUTES MAY 12, 2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MAY 139 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, May 12, 2010, beginning at 7:11 p.m., in the City Council Chambers, 1515 NW 167th Street, Building 5, 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 Barbara Watson, Melvin L. Bratton, Andr6 Williams, Sharon Pritchett and Oliver G. Gilbert. 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 Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes—April 14,2010 Motion offered by Vice Mayor Campbell, seconded by Councilwoman Pritchett to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Item H-1 was removed from the official agenda. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to approve the official agenda, with the necessary additions/deletions. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Chief Boyd,Police Department Monthly Report Deputy Chief Miller Deputy Chief Miller presented Jacquelyn Morris as Civilian of the Quarter. He further recognized the following individuals from the Investigative Major Crimes Unit (Robbery/Homicide Team 1) for their diligence and dedication in clearing robbery cases: Sergeant P. Granado, Det. J. Zellner, Det. J. Marinella, Det. M. Dillon, Det. L. Montgomery and Det. P. Valdes. The following individuals were honored as Officers of the month for the month of March 2010 when they responded to a domestic violence call where gun shots had been fired: Regular City Council Minutes May 12, 2010 Page 1 CITY COUNCIL MINUTES MAY 12, 2010 Sergeant Stephen Kolackovsky, Sergeant Timothy Adams, Officer Juan Villar, Officer Jonathan Stark, Officer Joseph Schaefer, Officer Raul Fernandez and Officer Jerome Williams. Deputy Chief Miller reported that crime is down twenty-one percent (21%) when compared from April 2009 to April 2010. When compared to the first quarter of 2010, crime is down by ten percent (10%). Every category is down except for Larceny. Burglaries (commercial, residential and vehicle) are down by double digits. The homicides, sexual battery and sexual assaults rate is down tremendously. Arrests are up by four percent (4%). The reason burglaries are down is because the police department has been making a lot of arrests. Deputy Chief Miller said the Community Enrichment Team since its inception six months ago. During that time there has been a thirty-five percent(35%) reduction in commercial burglaries. Sexual assaults are down thirty-nine (39%), and robberies are down twelve percent (12%). He further reported that the routine calls for service have also decreases. Councilman Bratton referenced page 11 of the monthly report more particularly the "Top Five Accident Locations"and asked how is this determined. Deputy Chief Miller referred Councilman Bratton to page 12 of the report, which list the accident locations as well as the case number,time and date of accident and the cause. Councilman Williams asked about the arrest and conviction record especially where the bad guys are arrested and prosecuted. Deputy Chief Miller likened the arrest and conviction record to that of a football team. The police arrest the perpetrators and hand them off to the prosecutors. The police department tries to give the prosecutors the best field to play on to win. There are often times when it is not ideal. Councilman Williams made referenced the number of confiscated weapons the City has accumulated this past year. He asked how does this number compare to other municipalities. Deputy Chief Miller said for as compared to other cities with a population of this size probably a little above average. F-2) Proclamation—Public Works Week May 16-22,2010 Mayor Gibson presented proclamation and recognized Tom Ruiz,Public Works Director, as well as the Public Works employees for doing an outstanding job. F-3) Proclamation—National Missing Children Day Mayor Gibson presented a proclamation to Cherise Asbury, School Crossing Guard Superintendent, in honor of National Missing Children's Day. F-4) Mayor Gibson—Miami Gardens KEEP Screening Regular City Council Minutes May 12, 2010 Page 2 CITY COUNCIL MINUTES MAY 12, 2010 Dayane Nunez, Regional Manager, National Kidney Foundation of Florida, appeared before the City Council to talk about their program, which provides for early Kidney screening. This is done throughout the state. This program is free to the public and includes, blood pressure and diabetics screening, to anyone over the age of 18. Twenty-six Million people suffer from kidney disease. The event cost $5,000, which is mainly covered by fund raising events. Communities are also solicited for funding. The event will take place June 5h, at Florida Memorial University. Mayor Gibson shared with the Council how she became acquainted with this group. She encouraged participation and support of this organization. She further stated kidney disease is one of those diseases that impact this community often times more than other communities because it has a direct relationship to diabetes and high blood pressure. Mayor Gibson passed the gavel to Vice Mayor Campbell. Motion offered by Mayor Gibson to donate $1,000 of the Council's Discretionary Fund to assist with this endeavor. This motion was seconded by Councilman Bratton. There being no further discussion on this item, this motion passed and carried by a 7-0 voice vote. CouncilmanBratton shared that he is a diabetic and was not aware of his condition until he got sick. He encouraged all men to get routine medical checkups. Mayor Gibson announced this is National Lupus Awareness Month. She encouraged everyone to become familiar with this disease, which is also known to cause kidney failure. Councilman Williams shared that his father suffers from diabetes and is in renal failure which requires dialysis three times a week. He encouraged everyone to discuss this matter with their families so that they can get the proper screen prior to a health crisis. Mayor Gibson asked if an email blast announcing this event could be sent out by the City of Miami Gardens. Manager Crew said this can be done. F-5) Team United Presentation Ron McKenzie, It Director appeared before the City Council and provided a brief slide presentation of the City's participation in the Corporate Run, as well as the Relay for Life event. Renee Farmer recognized certain staff members for their participation in these events. F-6) Universal Public Purchasing Certification Council Presentation Patricia Thompson, Procurement Manager appeared before the City Council to share that the City of Miami Gardens was awarded the Universal Public Purchasing Certification for its Regular City Council Minutes May 12, 2010 Page 3 CITY COUNCIL MINUTES MAY 12, 2010 outstanding purchasing practices. F-7) Historic Event Sponsored by Councilman Bratton Lillie Q. Odom, Community Outreach Specialist appeared before the City Council to announce that the City will be hosting a Historic Event sponsored by Councilman Bratton on Thursday, May 20, 2010. The public is invited to attend and share some of their thoughts and experiences. (G) PUBLIC COMMENTS Willie Kelly, 2450 NW 175th Street, Miami Gardens, Florida, appeared before the City Council to express his view about naming the Miami Gardens Community Center after former County Commissioner Betty T. Ferguson. Prince C. Smith, 755 NW 184th Drive, Miami Gardens, Florida, appeared before the City Council to express his views about Item K-1. He said this is especially fitting since the City is establishing its history. He said the City has a Wilkie Ferguson Boulevard therefore, how fitting would it be to have a Betty T. Ferguson Miami Gardens Recreation Complex as a part of the City's history. Francis Ragoo, 57 NE 187th Street, Miami Gardens, Florida, appeared before the City Council to express his views about Item K-1. He conveyed support of remaining the Miami Gardens Community Center to the Betty T. Ferguson Community Center Complex. Marjorie I. Speicher, 18125 NW 60' Avenue, Miami Gardens, Florida, appeared before the City Council as representative of the Pentab Crime Prevention Group to acknowledge the support of Miami Gardens Police Department more particularly the Community Enrichment Team representative. Rita Pierre, representing Norwood Neighborhood Crime Prevention Group, 1000 NW 197th Terrace, Miami Gardens, Florida, appeared before the City Council to thank Mayor Gibson for her sponsorship of Item K-1. She further thanked the Miami Gardens Police Department's Community Enrichment Team, as well as the City of Miami Gardens' Code Compliance Division for their support. (I� ORDINANCE(S) FOR FIRST READING: 14 1) AN ORDINANCE NC OF THE CITY COUNCIL OF THE CITY OF GARDENS,MIAMI FLORIDA, AA4ENDING SECTION 4 AND 15 OF ORDINANCE 2005 1351, THE "PROPER7TV MAINTENANCE" ORDINANCE TO lNGLUDE REQUIREMENTS FOR T14E REMOVAL OF SOLID WASTE RECEPTACLES FROM D�iGHTS OF WAY; PROrVzIDING FOR�THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES 1N CONFLICT;. PROVIDING _� A EVE 2277 iTV CLAUSE; Regular City Council Minutes May 12, 2010 Page 4 CITY COUNCIL MINUTES MAY 12, 2010 PROVIDING FOR INCLUSION IN CODE;PrR VIDINiv-i-nvR AN EFFECTIVE iI4-T- . (SPONSORED BY COUNCILWOMAN OMAN BARBARA WATS" H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,ADOPTING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF CERTIFICATES OF USE AND BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S); 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) Attorney Dickens shared Councilman Gilbert contacted her office as to whether or not the City regulated Pain Management Clinics. The City became aware of some problem properties where these pain clinics existed. The police department investigated those properties. She shared that she suggested to the City manager that since Councilman Gilbert proposes putting a band on these types of uses that the City Manager implement an administrative moratorium to give staff an opportunity to maintain status quo until proper legislation can be drafted. The City Manager did issue an administrative moratorium. This ordinance provides for a sixty(60) day moratorium to allow staff to bring back the item by Councilman Gilbert. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item on first reading. Councilman Williams stated that he did not know anything about the industry and wanted to know how many pain clinics were located within the City. Manager Crew said there are about three pain clinics operating within the City Councilman Williams asked whether a license was required. Manager Crew opined that a licensed physician is required in order to administer the prescription. The prescriptions are sold onsite. Attorney Dickens said part of the problem is that this is not a well regulated industry. Councilman Williams asked how broad a definition is pain management clinics. Attorney Dickens said basically it would be those establishments dispensing medication in the same facility and same practice where you are trying to practice medicine. The definition will be brought back in the actual ordinance. Regular City Council Minutes May 12, 2010 Page S CITY COUNCIL MINUTES MAY 12, 2010 There being no further discussion, the motion to adopt this item on first reading passed and carried by a 7-0 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2010-11-219 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, PROVIDING FOR AN AMENDMENT TO SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO DELETE THE REFERENCE TO "N.W. 20TH AVENUE" FROM THE EASTERN BOUNDARY DESCRIPTION FOR RESIDENTIAL AREA ONE; SUBMITTING THE QUESTION FOR APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN AARON CAMPBELL JR.) (1st Reading—April 28,2010) Mayor Gilbert opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Vice Mayor Campbell explained he sponsored this item to correct what he has interpreted to be a scrivener's error. The eastern boundary of Residential Area Seat 1 goes to 20th Avenue, when in actuality it should be 27th Avenue. Motion offered by Vice Mayor Campbell, seconded by Councilmen Bratton and Gilbert to adopt this item. Councilwoman Pritchett shared originally when the North Dade Municipal Advisory Committee was created by then County Commissioner Ferguson, and the Boundaries Committee was created, with a representative from each area represented. She recalled that the boundaries Regular City Council Minutes May 12, 2010 Page 6 CITY COUNCIL MINUTES MAY 12, 2010 were created in such a way to ensure that there were a certain number of people in each of those residential areas. She further asked, if this item is approved by the electorate what would the different dynamics of the population. Vice Mayor Campbell said he did not recall any particular reason why the boundary was aligned that way. He said this configuration is causing a lot of confusion on the part of the residents. He said the map provided to the Council is not what he is proposing. There being no further discussion on this item, the motion to adopt this ordinance passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes ORDINANCE NO.2010-12-220 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1sT Reading—April 28,2010) Mayor Gilbert opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Vice Mayor Campbell explained he sponsored this item to correct what he has interpreted to be a scrivener's error. The eastern boundary of Residential Area Seat 1 goes to 20th Avenue, when in actuality it should be 27th Avenue. Motion offered by Vice Mayor Campbell, seconded by Councilmen Bratton and Gilbert to adopt this item. Councilwoman Pritchett shared originally when the North Dade Municipal Advisory Committee was created by then County Commissioner Ferguson, and the Boundaries Committee was created, with a representative from each area represented. She recalled that the boundaries were created in such a way to ensure that there were a certain number of people in each of those Regular City Council Minutes May 12, 2010 Page 7 CITY COUNCIL MINUTES MAY 12, 2010 residential areas. She further asked, if this item is approved by the electorate what would the different dynamics of the population. Vice Mayor Campbell said he did not recall any particular reason why the boundary was aligned that way. He said this configuration is causing a lot of confusion on the part of the residents. He said the map provided to the Council is not what he is proposing. There being no further discussion on this item, the motion to adopt this ordinance passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes (.n CONSENT AGENDA RESOLUTION NO. 2010-83-1265 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE PARKS AND RECREATION DEPARTMENT OPERATING FUNDS AS A DOLLAR-FOR- DOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT FUNDS IN THE AMOUNT OF ONE HUNDRED TWENTY-SEVEN THOUSAND, ONE HUNDRED EIGHTY-TWO DOLLARS ($127,182.00) TO REPLACE PLAYGROUND EQUIPMENT AT A. J. KING PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-84-1266 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND AND QUALITY NEIGHBORHOOD IMPROVEMENT PROGRAM FUNDS AS A DOLLAR-FOR-DOLLAR MATCH TOWARD THE SAFE NEIGHBORHOOD PARKS GRANT AWARD IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO DEVELOP THE AMPHITHEATER AT THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes May 12, 2010 Page 8 CITY COUNCIL MINUTES MAY 12, 2010 RESOLUTION NO. 2010-85-1267 J-3) 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 WITH HORIZON CONTRACTORS, INC., ATTACHED HERETO AS EXHIBIT "A", IN THE AMOUNT OF FOUR HUNDRED SIXTY-TWO THOUSAND, ONE HUNDRED AND NINETY-SIX DOLLARS AND 20/100 CENTS ($462,196.20) FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-86-1268 J-4) 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 EASEMENT AGREEMENT GRANTING MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ACCESS TO WATER AND SEWER FACILITIES LOCATED AT THE MIAMI GARDENS COMMUNITY CENTER; PROVING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-87-1269 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 5.2(D) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) RESOLUTION NO. 2010-88-1270 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 2.2 AND 3.3(1) OF THE Regular City Council Minutes May 12, 2010 Page 9 CITY COUNCIL MINUTES MAY 12, 2010 CHARTER OF THE CITY OF MIAMI GARDENS, REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) RESOLUTION NO. 2010-89-1271 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY IN ORDER TO AMEND SECTION 6.2(B) OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-90-1272 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INVOKING THE PROVISIONS OF SECTION 6.03 OF THE CHARTER OF MIAMI-DADE COUNTY, IN ORDER TO AMEND SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS SUBMIT THE BALLOT QUESTION TO THE VOTERS AT THE AUGUST 24, 2010 GENERAL ELECTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) RESOLUTION NO. 2010-91-1273 J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT'S RE-APPOINTMENT OF PATRICIA WRIGHT TO THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) RESOLUTION NO. 2010-92-1274 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN ANDRE WILLIAMS' RE-APPOINTMENT OF ROSETTA NELSON TO THE COMMISSION FOR WOMEN FOR A TWO YEAR Regular City Council Minutes May 12, 2010 Page 10 CITY COUNCIL MINUTES MAY 12, 2010 TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION NO. 2010-93-1275 J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE 2010-13 LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt the Consent Agenda. This motion passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. (I) RESOLUTIONS RESOLUTION NO. 2010-94-1276 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING THE MIAMI GARDENS COMMUNITY CENTER TO THE "MIAMI GARDENS RECREATIONAL COMPLEX"; AND NAMING THE RECREATIONAL BUILDING THE "BETTY T. FERGUSON COMMUNITY CENTER;" PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) Mayor Gibson passed the gavel to Vice Mayor Campbell. Mayor Gibson shared her understanding of the history of the Miami Gardens Community Center and how it has evolved with the assistance of former County Commissioner Betty T. Ferguson. She opined that it would be proper to name the Complex the Betty T. Ferguson Community Center. She shared a Town Hall Meeting was held on last evening to discuss the Community Center. She further shared at it stands right now it will take approximately 1.7 Million Dollars just to operate the Center. A discussion she has had with the City Manager and staff is how can the City offset the operating cost, in the future so that the City can continue to provide those quality programs. She said other entities actually sell naming rights so that they can have some income coming in to help offset the cost of operating their facilities. Mayor Gibson for clarification purposes if all the City's legal documentation currently bears the name the Miami Gardens Community Center. Manager Crew said this is correct. Regular City Council Minutes May 12, 2010 Page 11 CITY COUNCIL MINUTES MAY 12, 2.010 Mayor Gibson asked does changing the center to complex to make it more consistent would that hamper the fact that the City is looking at long term as a means of getting naming rights. Motion offered by Mayor Gibson, seconded by Councilwoman Watson to adopt this resolution. Attorney Dickens in response to Mayor Gibson's question said there are no legal issues. Mayor Gibson said her concern was, in the future, getting some naming rights for the City. Renee Farmer, Deputy City Manager appeared before the City Council in response to Mayor Gibson's question and opined there would be no issues with what is being proposed tonight, as it relates to future naming rights. Vernita Nelson suggested changing the name of the entire complex from the Miami Gardens Community Center to the Betty T. Ferguson Recreation Complex. The naming rights would still be available for the pool area,the football field,the gym, the bleachers, etc. Motion offered to amend the resolution renaming the Miami Gardens Community Center to the Betty T. Ferguson Community Center Complex. This motion was seconded by Councilman Gilbert. Councilman Gilbert commented, the entire complex is going to be named the Betty T. Ferguson Community Center Complex however there will be no name on the actual building. Mayor Gibson in response to Councilman Gilbert's comments replied, "Yes." Attorney Dickens clarified the amendment to the resolution as follows: "rename the Miami Gardens Community Center to the Betty T. Ferguson Recreational Complex". There being no further discussion on the amendment, the motion passed and carried by a 7-0 voice vote. There being no further discussion on the resolution as a whole, the motion to adopt passed and carried by a 7-0 voice vote. Betty T. Ferguson 1625 NW 188th Terrace, Miami Gardens, Florida appeared before the City Council to express her deep appreciation for this honor. She further thanked Mayor Gibson for sponsoring this legislation and the City Council for supporting it. K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2010-80-1262, WHICH AUTHORIZED THE CITY MANAGER TO Regular City Council Minutes May 12, 2010 Page 12 CITY COUNCIL MINUTES MAY12, 2010 UNDERTAKE A FORMAL PROCESS FOR THE SOLICITATION OF PROPOSALS RELATING TO THE CITY OF MIAMI GARDENS TOWN CENTER DEVELOPMENT, TO BROADEN THE TYPES OF PROPOSALS THAT MAY BE ACCEPTED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) Councilman Williams stated at the last City Council meeting he had voted in favor of a RFQ, which would be limited to a particular landowner in the City of Miami Gardens to build the City's Town Hall Center. He said his responsibility to the residents is fiduciary and to do things that are in the best interest of the City. To propose an RFQ, for one developer to build a 55 Million Dollar Town Center, is not his idea of good representation. He apologized for that and shared that he is now trying to correct that error. Councilman Williams recounted the City was approached by a developer last year, who made an unsolicited bid to build the City's Town Hall Center. The City was asked to give this developer exclusive rights to build this Town Hall Center. He shared that he had an issue with that and had raised concerns about awarding a no-bid contract to an unsolicited developer. Since that time negotiations have been underway. A year later the Council was presented with an open process for this project by way of an RFQ. This would essentially open the process to any developer to bid on the City's Town Hall Center. He said the resolution passed at the last meeting limited that RFQ to one developer, which in his view is not an open process. He said there are plenty of developers who need the work and should have the opportunity to bid on this project. He said the proposed resolution is very simple. It opens the process, broadens the language to allow any developer, any contractor to bid on this proposal. Councilman Williams shared that after the vote was taken at the last City Council meeting, he was troubled by it. He shared that he met with the Community Redevelopment. Agency Director of Dania Beach, who has offered his services to the City of Miami Gardens to help with this process. He shared that Dania Beach is building a similar Town Hall Center. Councilman Williams expressed concern with one of the current partners of the unsolicited bidder. He shared the City of Miami Gardens' Police Department did a criminal background check on one of the partners. This individual has a criminal record, which includes most recently, with a municipality where moneys were mismanaged. He said he was not comfortable with negotiating with someone like that especially in light of the Debarment Ordinance just adopted by the City Council. Councilman Williams placed emphasis on the importance of opening this process up to any and every one wanting to bid on this project. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to adopt this item. Regular City Council Minutes May 12, 2010 Page 13 CITY COUNCIL MINUTES MAY 121 2010 Councilman Gilbert asked for clarification as to what the Council previously approved. Attorney Dickens explained what the Council previously approved requires that the proposal included the City Hall designated site (Old Wachovia Property) and other proposal include any property the proposer own or get ownership of, in the Town Center Area. Councilman Gilbert said the way the RFQ is written a developer could submit a proposal that does not include the property directly south of the Wachovia site. He opined Councilman Williams is trying to not limit the RFQ to any geographical property, however the way the RFQ is written it is not limited to any geographical area. Councilman Williams opined the way the RFQ is written it is slated toward one developer. No developer is going to bid on this RFQ when it requires the purchase of property. He shared in the case of Dania Beach the developer was able to build a hotel on City owned property, which says to him just because a developer does not own land in the Town Center area does not mean that developer has no opportunity to bid on this particular project. Councilman Gilbert shared it is his understanding that the developer does not own the property but has an option on the property. This developer has agreed to transfer that option to another developer if that entity won the proposal. He shared independently of that it was his understanding that the whole purpose of wanting to develop the Town Center is that other people will want to use their land to stimulate development in this area. Councilman Williams said this proposed legislation does not prohibit the unsolicited bidder from submitting a proposal. He opined that others should also be allowed to submit a proposal. Councilwoman Pritchett said the RFQ (Request for Qualification), at the last City Council meeting the Council was told that this would just be a gathering of information to bring back to the Council. Attorney Dickens explained the Council would get proposals back. Councilwoman Pritchett asked is what Councilman Williams is proposing doable with this RFQ. Attorney Dickens explained she can only answer the legal questions. If what Councilman Williams is proposing is doable, the answer is yes. Councilman Gilbert asked how long will be RFQ be out. Manager Crew said generally with construction projects the requirement is thirty(3) days minimum. Mayor Gibson conveyed understanding of Councilman Williams' reasoning. She further understood the issues involved with the development in Dania Beach. She expressed concern Regular City Council Minutes May 12, 2010 Page 14 CITY COUNCIL MINUTES MAY 121 2010 with having to put the City's property in play. She made reference the Biscayne Landing Project (City of North Miami) and how that particular development was abandoned by the developer due to the economy. She expressed concern with making sure the developer has something on the table as well. Councilwoman Watson asked whether the current unsolicited bidder has an exclusive option for the property adjacent to the City's property or can that property be freed up for another developer. Manager Crew said once the developer exercises that option it becomes their property. The option is a signed deal that cannot be reneged on. Councilman Williams submitted into the record the City of Miami Gardens Police Criminal Background Report. There being no further discussion,the motion to adopt this resolution failed by a 2-5 vote. Councilman Williams: Yes Councilman Bratton: No Vice Mayor Campbell: No Councilman Gilbert: No Councilwoman Pritchett: Yes Councilwoman Watson: No Mayor Gibson: No (L) RESOLUTION(S)MUBLIC HEARING(S) RESOLUTION NO. 2010-95-1277 L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM ("NSP") TO DE- OBLIGATE THE SUM OF ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS AND 70/100 CENTS ($1,716,529.70) THAT WAS PREVIOUSLY AWARDED TO DIAMOND POINT AT MIAMI GARDENS, LLC; TRANSFERRING THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) TO BE DIVIDED IN EQUAL PARTS OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FROM ACTIVITY #5 SUBSIDY ASSISTANCE FOR BUYERS OF PURCHASED PROPERTIES, TO ACTIVITY #3 PURCHASE OF FORECLOSED PROPERTIES FOR RESALE AND FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO ACTIVITY #4 REHABILITATION OF UNITS FOR RESALE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes May 12, 2010 Page 15 CITY COUNCIL MINUTES MAY 12, 2010 Daniel Rosemond, Assistant City Manager/Community Development Director appeared before the City Council to explain this item is an amendment to the Neighborhood Stabilization Program (NSP). The amendments encompasses, first the 1.7 Million Dollars earmarked for the redevelopment of the old Parkway Hospital, which was never realized, will stay in that category. The second amendment to the plan would move the one million dollars set aside for subsidy assistance for buyers of purchased properties to the activity #3 to purchase of foreclosed properties for resale. 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 Councilwoman Watson, seconded by Councilman Bratton to adopt this item. Councilwoman Pritchett made reference to the proposed activities, more specifically the language that stated the redevelopment of vacant land does not include a budget at this time. Mr. Rosemond explained one of the activities to be carried with NSP Funds is the demolition of properties that are unsafe or deemed blighted. HUD has advised municipalities that once those properties have been demolished the Plan needs to reflect the City's intent for redevelopment of those vacant lands. The City's previous Plan did not reflect what the City was going to do as it related to redeveloping those lands. At this point no budget has been identified for the redevelopment of those vacant lands. Councilwoman Pritchett asked if the reason no budget was identified because the City did not received any NSP Funding. Mr. Rosemond said initially what the City intended to do, if it had received the NSP funding was, a portion of that would have gone to the redevelopment of the vacant parcels. Councilwoman Pritchett made reference to staff's recommendation that the 1 Million Dollars for direct subsidy assistance be used instead to purchase and rehab foreclosed properties for resale, and that an indirect subsidy be offered to homebuyers in the form of a reduced price on the resale of the hones purchased with NSP funds. She asked Mr. Rosemond to expound on this recommendation. Mr. Rosemond explained because the City owns the property, the million dollars really does not need to go towards the City, as the property owner. HUD is recommending that if the City needs to provide a buyer subsidy assistance, as second mortgage, that is allowable. He stated however,there really is no money transaction. Councilwoman Pritchett asked how will the City be able to offer down payment assistance. Mr. Rosemond explained down payment assistance is the money the purchaser needs to Regular City Council Minutes May 12, 2010 Page 16 CITY COUNCIL MINUTES MAY 12, 2010 put down to qualify. The subsidy is something that makes it affordable. There being no further discussion on this item, the motion to adopt passed and carried by a 6-1 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes RESOLUTION NO. 2010-96-1278 L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S CDBG- R SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mr. Rosemond explained the City received $371,000 in Stimulus Funds. This amendment takes approximately $56,000, and puts it into a public service category. Initially the only two activities listed to be carried out with these funds were: Housing Rehab with an emphasis on emergency efficiency and structural improvements. However, Councilman Williams sponsored an item with respect to the boarding up of abandoned properties. In order to facilitate that program, a Public Service Activity allocation is being created. Once a vendor is selected, staff will bring this item back for consideration. Mayor Gibson opened the floor for this public hearing. Benjamin Essen appeared before the City Council to ask how would these funds be applied, as it relates to residents of the City benefiting. Mr. Rosemond said at no time does this item make reference to a developer from out of town. What this item essentially does is a re-allocation or designation of the purpose of the funds. Councilman Williams conveyed understanding of the concerns raised by Mr. Essen. He said the Board Up/program is designed to provide jobs for residents. There being no other interested parties to speak on this item, the public hearing was closed. Regular City Council Minutes May 12, 2010 Page 17 CITY COUNCIL MINUTES MAY 12, 2010 There being no further discussion,the motion passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes RESOLUTION NO. 2010-97-1279 L-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM SUBSTANTIAL AMENDMENT TO THE 2008-09 ANNUAL ACTION PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mr. Rosemond explained the City has only been able to assist one individual who meets the criteria and guidelines of this particular program. This resolution amends the Plan and puts the dollars from one line item to the Homeless Prevention Line 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 Bratton, seconded by Councilwoman Watson to adopt this item. Councilwoman Watson asked Mr. Rosemond to expound on the greatest challenge why individuals were not qualifying for this particular program. Mr. Rosemond said one of the challenges was the very strict income guideline (fifty percent or below medium income). The other challenge was that individuals must have received a three day eviction notice. Councilwoman Watson asked whether the housing market was taken into consideration. Mr. Rosemond said this is done on a blanket level, which in his opinion is a real deficiency. Regular City Council Minutes May 12, 2010 Page 18 CITY COUNCIL MINUTES MAY 12, 1 2010 There being no further discussion,the motion to adopt this item passed and carried by a 7-0 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Vice Mayor Campbell: Yes Mayor Gibson: Yes (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Manager Crew reported on a meeting with Miami-Dade County representation regarding the CITT funding. The bad news is that the other cities are not at a point where they are willing to make any kind of sacrifice to allow the City to take part in the formula. However, these cities are at a point where they agreed and recommended that Miami-Dade County go ahead and fund the City for the coming year. Mayor Gibson expressed concern with accepting the funds when the City is pursuing litigation. Manager Crew opined that taking the money will not hurt the City's position. Attorney Dickens said the City is not being given anything,this is the City's money. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Campbell made reference to the two issues brought up by residents at the last City Council meeting regarding ADA Compliance for city vendors providing transportation services to the senior citizens, and the lack of communication (driver not speaking English) between the senior citizens and the bus drivers. Manager Crew said a memorandum was issue regarding those concerns. On the ADA issue the City does meet the requirement. Individuals will have to sign up for this service, and advise staff within 48 hours prior to the event that special assistance is needed. Staff is still dealing with the language issue. Mayor Gibson the Mayor's Seventh Annual State of the City Address will be held on Thursday, May 13, 2010 beginning at 10:00 a.m., at the Lou Rawls Center of the Performing Arts, located at Florida Memorial University, 15800 NW 42nd Avenue. She extended an open invitation to everyone. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. (P) ADJOURNMENT Regular City Council Minutes May 12, 2010 Page 19 CITY COUNCIL MINUTES MAY 12, 12010 There being no further business to come before this Body, and upon a motion being duly made by Councilman Bratton the meeting adjourned at 9:47 p.m. Attest: /-Shir��Ison,'Mayor R netta Taylor, NWAC, City Clerk Regular City Council Minutes May 12, 2010 Page 20