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06.09.2010 CITY COUNCIL MINUTES - JUNE 9, 2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JUNE 99 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, June 9, 2010, beginning at 7:12 p.m., in the City Council Chambers, 1515 NW 167t' 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: Andre Williams, Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert III. Councilwoman Barbara Watson arrived at 7:14 p.m. 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 D-1) Regular City Council Minutes—May 12, 2010 Motion offered by Councilman Williams, seconded by Councilman Gilbert, to approve the minutes, with necessary corrections, if any. There being no discussion, 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 J-4 was removed from the Official Agenda by Councilwoman Watson Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to remove Item J-8 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilwoman Watson, seconded by Councilman Gilbert to approve the Official Agenda, with the necessary changes. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Yolanda Cash-Jackson, Esq. 2010 Legislative Session Update Attorney Cash-Jackson yield to State Representative Oscar Braynon Il. Regular City Council Minutes June 9, 2010 Page 1 CITY COUNCIL MINUTES - JUNE 9, 2010 Representative Braynon, with offices at 610 NW 183`d Street, Miami Gardens, Florida, appeared before the Council and expressed his pleasure in representing the City of Miami Gardens on the state level, in Tallahassee. He said there are many challenges facing the state at present and for many years to come. The budget this fiscal year was a difficult one to create. He reported there was a Bill being considered during this Session banding Red Light Cameras completed. That Bill did not pass and a Bill regulating Red Light Cameras did pass. Furthermore, at least a discussion was started with regard to the Surcharge currently being charged by outside municipalities providing water to residents within a municipality where that particular water facility is located. One option being discussed is having an option between the two cities. Attorney Cash-Jackson shared that Councilman Bratton and Councilwoman Watson actually got an opportunity to lobby the state legislators at the dais. She opined their actions really made a difference with the Red Light Camera Legislation. She further shared that Amendment 4 is something that will not be going away. She made reference to the Pari-mutual provision and shared the major pari-mutual provisions enacted in the 2009 reduces the tax rate on slot machine revenue from 50 percent to 35 percent but requires the payment of tax revenue in an amount no less than the amount collected in FY 2008-2009. She addressed the Foreclosure issue and shared a number of the foreclosure bills did not pass. Attorney Cash-Jackson further shared there was no funding allocated for municipal projects. She shared the state is looking at between a five and six billion budget deficit for next year. Councilman Williams thanked Attorney Cash-Jackson for this very comprehensive report. He shared that as it relates to the foreclosure issue, and no so much on any foreclosure bills that might or might not get passed. He shared that he had conversations with a representative from Tallahassee with regard to foreclosure relief for residents. That individual has advised that the foreclosure relief efforts would be concentrated toward the central area of the state, rather than the southern area. He asked whether this is something Attorney Cash- Jackson, as a lobbyist could be helpful with. Attorney Cash-Jackson said this is certainly something she would be able to follow up on. She asked that Councilman Williams provide her with the applicable information. Mayor Gibson inquired as to whether Attorney Cash-Jackson knew how much money was taken out of certain state trust funds. Attorney Cash-Jackson identified the Trust funds raided by the State Legislature (Transportation Trust Fund,moneys used for health care). Mayor Gibson emphasized the importance of residents understanding that when these funds are cut in Tallahassee, those funds will not be coming to municipalities. Tallahassee is trying to find ways to take funding from municipalities, which those municipalities have been using to provide services. No one wants to raise taxes to get anymore funding. However, this Regular City Council Minutes June 9, 2010 Page 2 CITY COUNCIL MINUTES - JUNE 9, 2010 does not stop the need that is in the communities. Attorney Cash-Jackson shared the state put a cap on revenues municipalities could raise. Councilwoman Pritchett thanked Attorney Cash-Jackson for this comprehensive report. She asked if Attorney Cash-Jackson could expound on the revenue sharing compact issue. Attorney Cash-Jackson in response to Councilwoman Pritchett's comments stated the state requires the Seminole Tribal Compact to pay the state a certain amount of money. She said the City was very aggressive and successful in getting a portion of that revenue sharing. Mayor Gibson asked Senator Gwen Margolis, since she has served on both the state and local level what advice could she give individuals on the local level, as it relates to finances. Senator Gwen Margolis appeared before the City Council in response to Mayor Gibson's inquiry and shared just like municipalities and individuals have to balance their budgets, the Constitute in the State of Florida requires that the state have a balanced budget. When the economy dries up,people do not buy, which affects the sales tax revenue in Tallahassee. F-2) Mayor Gibson—Nick Kellergis of the American Red Cross of Greater Miami and the Keys Sam Kidwell, CEO, American Red Cross, appeared before the City Council to thank the City of Miami Gardens for its support and participation in the first annual Miami Dade Mayors' Cup Golf Tournament, which was very successful. Mayor Gibson was thanked for her leadership as honorary co-chair of this event. Eric Knowles, Chair of this year's event appeared before the City Council to acknowledge the sponsor of this event, Austin Miller,the new Manager of Calder Race Course. Austin Miller presented a check in the amount of$50,000 to the American Red Cross in support of this Tournament. Mr. Knowles shared that the Miami Dolphins won the Golf Tournament. Since the Miami Dolphins are located within the City of Miami Gardens, the "Cup" stays with the City of Miami Gardens for one year. F-3) Mayor Gibson,-Proclamation—Code Enforcement Week—June 7-11,2010 Mayor Gibson presented a Proclamation to the Code Enforce Department proclaiming the Week of June 7-11, 2010 as Code Enforcement Week. F-4) Chief Boyd -Police Department Monthly Report Chief Boyd bestowed upon Captain Eduardo Martinez the distinguished honor of Officer of the month for the Month of May 2010. Due to keen observation and quick thinking by Captain Martinez criminals were placed under arrest and stolen properties were recovered. His actions are commendable and indicative of his everyday performance as supervisor in this agency. His Regular City Council Minutes June 9, 2010 Page 3 CITY COUNCIL MINUTES - JUNE 9, 2010 dedication to his duty is in the finest tradition of law enforcement profession and recognition of these incidents is well deserved. Chief Boyd reported the department showed an increase in crime from April to May of four percent. This totaled fifteen reported crimes. There is not identifiable element attributed to this increase, however commercial burglaries and aggravated batteries were reduced significantly. In comparing May 2009 to May 2010 there is a reduction of thirteen percent. Overall, there is a reduction of thirteen percent in part-one crimes in the first five months of 2010. The department experienced a large number of domestic assaults, which resulted in a high number of arrests in that particular category. In addition, the department has done a good job in responding to burglaries, resulting in numerous arrests. Chief Boyd reported on June 3, 2010, members of the department in conjunction with the FBI arrested of fifteen individuals involved with gangs in the Myrtle Grove area. These individuals were charged with crimes such as gun possession, narcotics violations, and identity fraud. The suspects arrested in this case were involved with many other crimes in this neighborhood. Councilman Bratton asked Chief Boyd to expound on the Supreme Court's action on Miranda Rights. Chief Boyd said in this particular case, an individual was read the Miranda Right. The officers waited three hours and then said to the suspect, "I know you prayed before killing those people", the suspect replied, "Yes, I did." The suspect's attorney argued that was not admissible in court. However, due the fact that the officers had read the suspect his rights, and the suspect stated that he understood his rights, was his downfall. Councilman Williams congratulated Chief Boyd and the men and women of the Miami Gardens Police Department for doing a great job. He asked Chief Boyd to expound on the operation held in conjunction with the FBI. Chief Boyd shared the police department's Gang Investigative Unit determined there was a group of individuals committing certain crimes within the Myrtle Grove area. It was determined that an actual gang was operating in the area. This information was forwarded to the FBI,which initiated the operation. Councilman Williams asked Chief Boyd to respond on the routine calls for service and the fact that in comparison,the calls have gone down from last year to this year. Chief Boyd opined this was due to the newness of the police department. Now that newness has worn off,there is a decrease in calls. Regular City Council Minutes June 9, 2010 Page 4 CITY COUNCIL MINUTES - JUNE 9 22010 F-5) 2010 Waterway Slogan and Image Winners Mike Gambino, Miami Gardens Flood Plan Administrator appeared before the city Council and shared a few months prior he has asked to come up with signage to put around the City's waterways to remind residents and visitors to keep the waterways clean. In discussions with Keep Miami Gardens Beautiful Director and the Media and Events Coordinator, a decision was made to have a contest to get the community involved. The contest was broken in to two stages, a catchy message, and art work to be placed on a sign. The winners were presented as follows: For Slogan: 3rd Place: Savannah Kodish 2nd Place: Erika Martinez 1 st Place: William Robinson and Jessica Martinez(tie) For the art work: 3rd Place: Felix Puello 2"d Place: William Robinson l st Place: Erika Martinez F-6) Myrtle Gove Elementary "Career Day" Certificate of Appreciation Maria Sanchez, Community Involvement Specialist with Myrtle Grove Elementary School, appeared before the City Council to present a Certificate of Appreciation to the City of Miami Gardens for its support and partnership all year long. She further thanked the Miami Gardens Police Department for its response to the school's needs. F-7) Miami Carol City Senior H.S.—Police Certificate of Appreciation - Mr. McKinney. Officers and civilians of the City of Miami Gardens Police Department were given Certificates of Appreciation for their support. (G) PUBLIC COMMENTS Patricia Lightfoot, 18425 NW 2nd Avenue, Suite 310, Miami Gardens, Florida, appeared before the City Council representing Florida State Senator Frederica Wilson's office. She invite everyone out to a Health Care Forum being sponsored by the State Senator, relating to such issues as Health Care Reform. Representations from the state and local levels will be in attendance. The first Forum is scheduled for June 16, 2010 at Florida Memorial University. The second Forum will be held on June 22 at Joseph Caleb Center, with the third Forum being held on June 23, 2010 at the Gwen Margolis Community Center. Each Form will begin at 7:00 p.m. Marlene Arribas, 20630 North Miami Avenue, Miami Gardens, Florida, appeared before the City Council appeared before the City Council in support of Item H-4. She placed emphasis on the importance of addressing abandoned houses in Miami Gardens. Sandra Pierre-Paul, 2230 NW 190th Terrace, Miami Gardens, Florida, appeared before the City Council in opposition to Item H-4. She opined if this is published it will invite Regular City Council Minutes June 9, 2010 Page 5 CITY COUNCIL MINUTES - JUNE 9, t 2010 criminals. Ulysses Harvard, 15800 NW 17"' Place, Miami Gardens, Florida, appeared before the City Council and made reference to the article, which appeared in Sunday's edition of the Miami Herald. The article in particular talked about the City taking over the Optimist Program. He asked when was this item voted on by the City Council. Manager Crew in response to Mr. Harvard's inquiry said the City has been working with the Optimist Clubs for the past three years trying to resolve many of the issues involved with their program. Daniel Rosemond, Assistant City Manager appeared before the City Council and stated the item was taken up when the budget was voted on. The decision was part of the Parks and Recreation Department's operating budget to take over the youth program. He said there were concerns from parents with regard to the lack of bathroom facilities. The Council thought that in order to fully service the residents the best approach would be to fully operate the program, as a city program. (I) ORDINANCES) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16 OF ORDINANCE 2005-10-48, TO INCREASE THE LOCAL PREFERENCE FROM FIVE PERCENT (5%) TO TEN PERCENT (10%); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) Mayor Gibson passed the gavel to Vice Mayor Campbell. She then explained her rationale for sponsoring this item, after speaking to the local businesses and residents. She said increasing the preference from five percent to ten percent would be an incentive to get those larger businesses to partnership with local businesses. Motion offered by Mayor Gibson, seconded by Councilman Gilbert to adopt this item on first reading. There being no discussion,this motion passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Regular City Council Minutes June 9, 2010 Page 6 CITY COUNCIL MINUTES - JUNE 9, 2010 Mayor Gibson: Yes Vice Mayor Campbell: Yes After this vote was taken,Vice Mayor Campbell relinquished the gavel to Mayor Gibson. H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH CHAPTER 2010-80, LAWS OF FLORIDA (2010) ("THE MARK WANDALL TRAFFIC SAFETY ACT"); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained because the state has adopted a law regulating dangerous intersections, the City has to re-adopt its program based on the state's guidelines. A revised contract with the City's contractor will be on the next City Council agenda. Motion offered by Councilwoman Watson, seconded by Councilman Gilbert to adopt this item on first reading. Councilman Williams asked whether the easement issue with one of the landowners was worked out. Attorney Dickens in response to Councilman Williams' inquiry said the matter has been resolved. Vice Mayor Campbell stated that he supported the City's program initially, however since the state has preempted the City's program, he now has serious problems with the program; even with the changes presented in this ordinance. He asked how is this going to impact the City financially. Will the City get more money or less money. Manager Crew in response to Vice Mayor Campbell's concerns said the state raised the fines. However, the City will be getting a lot less money. However, because the cameras no longer have to be erected on private property,the City can install lots more of them. Staff feels it will probably come close to breaking even. Furthermore, the City will no longer utilize the Special Master for this process. If a violator receives a ticket, under the state's program,they will have to go to Traffic Court. Vice Mayor Campbell for clarification purposes said the City will still be using its Regular City Council Minutes June 9, 2010 Page 7 CITY COUNCIL MINUTES - JUNE 9, 2010 equipment where the majority of the revenue will be going to the state. He said he has a problem with spending City money to enforce a state law. He opined the state should take ownership of the camera equipment,particularly those located on state roads. Manager Crew said the state's law ends the problem with litigation under the old law. Furthermore, in the intersections where the red light cameras are located there has been between a 20 and 70 percent decrease in accidents in those intersections. The red-light cameras really do work. Attorney Dickens suggested that the Council adopt the amendment and then see how the process works. She said if the Council did not adopt the amendment, the City would have nothing in place. Councilwoman Watson asked about the terms and duration of the contract with the land owners to install the red-light camera on their property. Attorney Dickens in response to Councilwoman Watson shared except for the easement agreement Councilman Williams had inquired about, the City pays a fee of$750.00 per month. As for the other easements, the City has not been charged. Manager Crew further expounded on this matter and shared the City pays no fees for the cameras that is incurred by the contractor(ATS). Under the new law,the city will get a flat fee. Councilwoman Watson asked whether the City will be able to move the one camera where a fee is being charged. Manager Crew said that matter has already been discussed with the contractor. Vice Mayor Campbell asked whether the state would be installing red-light cameras all over the State of Florida now that this new law has passed. Manager Crew opined the state will not be installing cameras. However, this new law makes it easier for municipalities to install cameras. The red-light camera can now be tied in with the traffic light, as well. Most of the Counties are also getting into the program. Councilwoman Pritchett asked for a breakdown of the $158.00 fee. Manger Crew in response to Councilwoman Pritchett's request stated the City will receive $70.00 of the $158.00. Ten dollars will go to the Department of Revenue for deposit into the Department of Health Administrative Trust Fund. Three dollars will go to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Fund, and $75.00 shall be retained by the County or municipality enforcing the ordinance enacted pursuant to this law. Attorney Dickens read into the record the information provided by Attorney Cash- Jackson as it relates to Red-Light Cameras as follows" the bill increases the penalty for any violations of the statues from $125.00 to $158.00 regardless of the method of enforcement, and Regular City Council Minutes June 9, 2010 Page 8 CITY COUNCIL MINUTES - JUNE 9, 2010 provides for distribution of revenue collected as follows: When a citation is issued by a law enforcement officer: $60.00 is distributed to local government and to various law enforcement healthcare, and other areas as provided by the statutes. $65.00 is distributed to the Department of Health Administrative Trust Fund; $30.00 is distributed to the General Revenue Fund; and $3.00 is distributed to the Brain and Spinal Cord Injury Trust Fund; When a notification or citation is issued by the Department of Highway Safety and Motor Vehicles: $100.00 is distributed to the General Revenue Fund; $10.00 is distributed to the Department of Health Administrative Trust Fund; $3.00 is distributed to the Brain and Spinal Cord Injury Trust Fund; and $75.00 is distributed to the local county or municipality in which the traffic citation detector is located. Councilwoman Pritchett asked how many employees are dedicated or assigned to work on this program. Renee Farmer, Deputy City Manager appeared before the City Council in response to Councilwoman Pritchett's inquiry. She said there are three Community Service Aides, as well as a Police Sergeant that supervises. There being no further discussion,the motion to adopt on first reading passed and carried by a 4-3 vote. Vice Mayor Campbell: No Councilman Gilbert: Yes Councilwoman Pritchett: No Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: No Mayor Gibson: Yes H-3) AN ORDINANCE OF CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE "PROPERTY MAINTENANCE" ORDINANCE TO INCLUDE REQUIREMENTS FOR THE STORAGE OF SOLID WASTE RECEPTACLES; PROVIDING FOR ADOPTION OF REPRESENTATIVES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN WATSON) Councilwoman Watson shared with the Council and listening audience her rationale for sponsoring this item. She also placed emphasis on the importance of establishing a time frame in which the receptacles should be placed and removed from curb side and placed in an inconspicuous place. Safety as well as beautification of the community will be addressed with the adoption of this ordinance. Regular City Council Minutes June 9, 2010 Page 9 CITY COUNCIL MINUTES - JUNE 9, 2010 Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item on first reading. Councilwoman Pritchett asked about the penalty provision. Attorney Dickens in response to Councilwoman Pritchett's inquiry said this is an amendment to an existing ordinance, which has a penalty provision. This ordinance will follow the guidelines of the Code. Councilwoman Pritchett shared there have been instances where Miami-Dade County has not picked up the trash on an assigned day due to unforeseen circumstances. In those instances Solid Waste has come by the following morning to pick up the trash. She asked if there was a provision in this ordinance that would address that situation. Councilwoman Watson said she has not had this particular situation to occur in her neighborhood. Councilwoman Pritchett shared that she has had calls from several residents who have stated that they have been in that particular situation. Attorney Dickens said the item does not list a certain day for pick up. It says as long as it is moved by 11:59 on the day of pick up, she will determine there has been no violation. The officers will also be educated. Councilman Gilbert made reference to Section W "Solid Waste receptacles." More particularly "Receptacles shall have handles and covers so that the contents therein are not exposed to weather, animals and vermin. A disposable plastic bag shall constitute a receptacle if it is of sufficient strength and durability to hold its contents...." He opined that Miami-Dade County does not pick up trash bags. Attorney Dickens said the language relating to trash bag can be taken out. Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to strike the language relating to trash bags. This motion passed and carried by a 7-0 voice vote. There being no further discussion on the item as a whole, the motion to adopt on first reading 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 Regular City Council Minutes June 9, 2010 Page 10 CITY COUNCIL MINUTES - JUNE 9, 2010 Mayor Gibson: Yes H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REQUIRING THE REGISTRATION OF VACANT PROPERTIES; PROVIDING FOR A DEFINITION; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ADOPTION OF REPRESENTATIVES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN BARBARA WATSON) Councilwoman Watson said this property addresses vacant properties. She opined as stewards of this community, the Council should provide every element of safety to the community. She shared that several residents have come to her over the course of the last three months expressing concern with vacant and abandoned properties throughout the City. This ordinance. Many of the abandoned or vacant properties are being used for drug holes or places for squatters to live. When properties are vacant everyone in the neighborhood knows it due the lack of activity. This signage would provide a number so that residents can call and report suspicious activities. This also arms the police and code enforcement officers. The cost for this program is approximately $6.000. She asked for the Council's support of approval of this item on first reading. Motion offered by Councilwoman Watson, seconded by Councilman Gilbert to adopt this item on first reading. Vice Mayor Campbell said he was in support of the intent of this ordinance. He shared based on his law enforcement experience it could also alert the criminals of the vacant or abandoned properties. He asked whether Councilwoman Watson would consider amending the ordinance to include the verbiage that would actually be on the signage. He suggested that the signage includes the verbiage "no trespassing" and have the owner provide an affidavit authorizes police officers to make an arrest if individual is found trespassing. Councilwoman Watson said this is the intent, and she accepts Vice Mayor Campbell's recommendation as a motion. Councilman Williams stated that he supports the ordinance as well as Vice Mayor Campbell's recommendation. Councilwoman Pritchett asked whether anyone knew the number of abandoned and vacant properties there were in the City. Renee Farmer, Deputy City Manager appeared before the City Council in response to Councilwoman Pritchett's inquiry and shared she currently has a list that indicated there are a Regular City Council Minutes June 9, 2010 Page 11 CITY COUNCIL MINUTES - JUNE 9, 2010 — total of 98 abandoned or vacant homes within the City of Miami Gardens. Councilwoman Pritchett concurred with Vice Mayor Campbell's recommendation. Attorney Dickens stated that she was concern with mandating that the property provide an affidavit authorizing police officers to arrest trespassers on their property. This ordinance as written is a voluntary,not ordinance. Councilman Gilbert asked that the definition of vacant and abandoned be put on the record. He said not every vacant home is abandoned, and not every vacant home is overgrown. Attorney Dickens explained the definition of abandoned property is what it is in the property maintenance ordinance. The language is very specific, and involves the Special Master process whereby the case would be brought before the Special Master and the Special Master would deem the property to be a nuisance, and order the property board up. At that point the signage can be ordered. Councilman Gilbert said the trespass sign will alert people to the fact that the property is vacant. Chief Boyd appeared before the City Council to address the trespass issue as it related to the police department's authority to arrest. He said if the resident is occupied by the owner, the police can make a trespass arrest with no problem. If the property is vacant and there is a no trespass sign posted, the police officer can still make the arrest. The police officer would also rely on the tax rolls to find the owner. The problem is to get the victim (property owner)to come to court. He said the other concern is people may get a false impression that the police department will be policing the vacant properties. He further expressed concern that the posting would also generate an increase in calls for service. He said with only 200 officers, the police department did not have the resources to handle the additional calls generated from the posting. Councilman Williams expressed the importance of addressing the concerns raised by Chief Boyd. He asked if language could be placed in the ordinance to cover those concerns. Attorney Dickens reiterated that her concern is mandating a property owner to sign an affidavit. She said the City has a no loitering program for businesses, which is a voluntary program. Perhaps that No Loitering Program can be expanded to homeowners. Councilman Gilbert suggested making the language in this ordinance consistent with what is in the Property Maintenance Ordinance, as it relates to vacant and abandoned properties. He further shared that the trespass violation would have to be proven. It has to be proven that someone is on the property without legal authority. Therefore, at some point, the City will need something from the owner indicating the person did not have permission to be on the property. Councilwoman Pritchett opined it is important to first start out with the legal definition as prescribed by the Florida State Statutes. Regular City Council Minutes June 9, 2010 Page 12 CITY COUNCIL MINUTES - JUNE 9, 2010 Councilman Williams said this is a very important issue, and a lot of discussion has taken place here tonight. He suggested tabling this item to allow staff an opportunity to incorporate language that will address the concerns raised tonight. Mayor Gibson asked about the 98 vacant or abandoned properties identified by Code Enforcement and where along in the process is the properties at present. Roderick Potter, Code Enforcement Supervisor appeared before the City Council in response to Mayor Gibson's inquiry and stated none of the 98 properties identified have been declared a public nuisance. Mayor Gibson reiterated the importance of having a definition for abandoned and vacant properties. Motion offered by Councilman Williams, to defer this item until the next City Council meeting to afford staff an opportunity to insert applicable language to address definitions as well as the other concerns raised by the Council. Councilwoman Watson opined that the City should be able to get the property owner to do a voluntary affidavit, which would allow the City to enforce the trespassing law. She informed the City Attorney that a definition for trespassing was needed. She further stated that a voluntary mechanism on the part of the property owner needed to be put in place that would allow the police department to do its job. Attorney Dickens asked whether Councilwoman Watson was asking that staff come back with an expansion of the voluntary loitering program. Councilwoman Watson in response to Attorney Dickens said that is correct. Attorney Dickens said a residential component of the commercial Loitering Program will be provided. Please note, Councilman Bratton left the meeting at 9:30 p.m. (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2010-14-222 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES TO PROHIBIT PAIN MANAGEMENT CLINICS FROM DISPENSING DRUGS ON-SITE; AMENDING SECTION 9-20 OF ORDINANCE NO. 2010-10-218 OF THE LAND DEVELOPMENT REGULATIONS ("LDRS"), TO PROHIBIT ON- SITE DISPENSING OF CONTROLLED SUBSTANCES AT Regular City Council Minutes June 9, 2010 Page 13 CITY COUNCIL MINUTES - JUNE 9, 2010 MEDICAL OFFICES; AMENDING SECTION 10-30(DD) OF THE LDRS TO PROHIBIT MOBILE PAIN MANAGEMENT CLINICS; AMENDING APPENDIX "A" MASTER USE LIST AND USE DEFINITIONS OF THE LDRS TO INCLUDE DEFINITIONS FOR "PAIN MANAGEMENT CLINICS"; 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) 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 Vice Mayor Campbell to adopt this item. Councilwoman Pritchett for clarification purposes asked whether this ordinance would affect those doctors who provide their patients with samples of medications until they can get to a pharmacy. Councilman Gilbert said this ordinance would not affect that practice. There being no further discussion,the motion to adopt passed and carried by a 6-0 vote. Councilman Bratton: Not present Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes (.n CONSENT AGENDA RESOLUTION NO. 2010-106-1288 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED THREE THOUSAND, EIGHT HUNDRED FORTY-THREE DOLLARS AND 60/100 CENTS ($3,843.60) TO URS CORPORATION SOUTHERN FOR CONSTRUCTION AND ADMINISTRATION SERVICES FOR THE NORWOOD POOL PIPING REPLACEMENT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes June 9, 2010 Page 14 CITY COUNCIL MINUTES — JUNE 9, 2010 n RESOLUTION NO. 2010-107-1289 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND, FIVE HUNDRED AND SEVENTY-SIX DOLLARS AND 46/100 CENTS ($14,576.46) TO SK QUALITY CONTRACTOR, INC., FOR THE CONSTRUCTION OF THE NORWOOD POOL PIPING REPLACEMENT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-108-1290 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO FG ATHLETICS, LLC, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-NINE THOUSAND, ONE HUNDRED DOLLARS ($179,100.00), FOR FOOTBALL UNIFORMS; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER NOT TO EXCEED THIS AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NIIAMI GARDENS, FLORIDA, CREATING THE VACANT/ABANDONED PROPERTY WATCH LIST PROGRAM; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN BARBARA WATSON) RESOLUTION NO. 2010-109-1291 J-5) 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 RECEIVE A GRANT FROM THE MIAMI-DADE COUNTY LANDSCAPE COMMITTEE IN THE AMOUNT OF ONE HUNDRED SIXTY-EIGHT THOUSAND, EIGHT HUNDRED EIGHTY DOLLARS ($168,880.00), TO LANDSCAPE ALONG N.W. 183RD STREET FROM N.W. 27TH AVENUE TO N.W. 47TH AVENUE; AUTHORIZING A MATCH OF FUNDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes June 9, 2010 Page 15 CITY COUNCIL MINUTES - JUNE 9, 2010 RESOLUTION NO. 2010-110-1292 J-6) 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 FLORIDA ENGINEERING AND DEVELOPMENT CORP., ATTACHED HERETO AS EXHIBIT "A," FOR STORMWATER DRAINAGE IMPROVEMENT PROJECT FOR THE BUNCHE PARK AREA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-EIGHT THOUSAND, FIVE HUNDRED EIGHT DOLLARS ($168,508.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-111-1293 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH ROCK POWER PAVING, INC., ATTACHED HERETO AS EXHIBIT "A," FOR THE N.W. 175TH/N.W. 12TH AVENUE STORMWATER WATER DRAINAGE PROJECT, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND, NINE HUNDRED SEVEN DOLLARS ($100,907.00), INCLUDING A TEN PERCENT (10%) CONTINGENCY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to adopt the Consent Agenda. This motion passed and carried by a 5-1 voice vote. Councilwoman Pritchett cast the dissenting vote. (I) RESOLUTIONS RESOLUTION NO. 2010-112-1294 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA ADOPTING A "HOMEOWNER'S . BILL OF RIGHTS" AS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (COUNCILMAN OLIVER GILBERT) Councilman Williams asked how much is the deficit in the City's Building Department. Regular City Council Minutes June 9, 2010 Page 16 CITY COUNCIL MINUTES - JUNE 9, 2010 Manager Crew in response to Councilman Williams' inquiry said the deficit was approximately 1.5 Million Dollars. Councilman Williams asked whether this Homeowners Bill of Rights allowed for a rebate to homeowners. Sharon Ragoonan, Director of Building and Code Compliance appeared before the City Council in response to Councilman Williams' inquiry. She explained the rebate applies to the contractor for providing quality improvements. Councilman Williams said he had a problem with giving rebates when the department was in a deficit. Councilman Gilbert shared he had attended a meeting at Mt. Hermon Church where an elderly homeowner shared that she had contracted to have a new roof on her home. The contractor placed the new roof over the old roof. This particular homeowner wanted to know if there was anything the City could do to protect the homeowners against this type of practice. He shared that after talking with staff about this issue, the Homeowners Bill of Rights was crafted. He further shared that staff said the $50.00 rebate was something the City could. The intent is to get people to comply with some of the better practices. Councilman Williams stated that he supports the Homeowners Bill of Rights but did not support the rebate. Councilwoman Pritchett conveyed support of the Homeowners Bill of Rights, and asked how will it be enforced to make sure the contractor is keeping the homeowners abreast. Ms. Ragoonan explained the concept involved with the Homeowners Bill of Rights. This document will educate the homeowner as to the questions they could be asking about the project, about the contract. The homeowner will also know that if they are having problems they can contract someone directly about that problem. There is also an education component. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. Councilwoman Pritchett reiterated concern with the $50.00 rebate especially in these tough economic times. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to remove the $50.00 rebate. This motion passed and carried by a 6-0 voice vote. At the conclusion of this discussion, the motion to adopt the resolution as a whole passed and carried by a 6-0 voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK None Regular City Council Minutes June 9, 2010 Page 17 CITY COUNCIL MINUTES - JUNE 9, 2010 (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Campbell asked about the status of a report staff was to provide with regard to the transportation issues raised by senior citizens. Daniel Rosemond, Assistant City Manager appeared before the City Council in response to Vice Mayor Campbell's inquiry. He shared that staff has been in touch with the bus company about the language issue. The contractor was advised that if those issues are not corrected, as per the contract clause, the City would be looking for a new provider. Mayor Gibson in response to this issue said that staff should take of the issue prior to the matter coming before Council. Councilwoman Watson asked about the CITT Funds and shared that the City of Doral has order buses for a shuttle service. She asked how could the City of Doral get their funds and of the City of Miami Gardens. Manager Crew said the City has been meeting almost every other week with Miami Dade County. He opined that the City of Doral did not get the funding for their shuttle service from the CITT funds. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC There was none. (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made, the meeting adjourned at 10:00 p.m. Attest: irle Dickens, Mayor Ronetta Taylor, NWC, City Clerk Regular City Council Minutes June 9, 2010 Page 18