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07.28.2010 CITY COUNCIL MINUTES JULY 28, 2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 28, 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, July 28, 2010, beginning at 7:17 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, Andre Williams, Melvin L. Bratton and Oliver G. Gilbert III. Councilwoman Sharon Pritchett was not present due to a family emergency. Motion offered by Councilman Williams, seconded by Councilman Gilbert to excuse Councilwoman Pritchett's absence. This motion passed and carried by a 6-0 voice vote. Also in attendance were: City Manager Dr. Danny 0. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation was delivered by Councilman Oliver G. Gilbert III. (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes-June 23,2010 Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 6-0 voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) A presentation was added as Item F-3 "Report on Miss Florida Pageant" The following item was added to the official Agenda as item H-3. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE MIAMI GARDENS SCHOLARSHIP PAGEANT COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Regular City Council Minutes-July 28, 2010 Page 1 CITY COUNCIL MINUTES JULY 28, 2010 Resolution was added to the official agenda as Item 1-10 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO CONDUCT A 2011 MISS MIAMI GARDENS SCHOLARSHIP PAGEANT INCLUDING EXECUTING AN AGREEMENT WITH THE MISS FLORIDA PAGEANT SCHOLARSHIP, INC., AUTHORIZING THE EVENT ON AN ANNUAL BASIS THEREAFTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS, PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to approve the official agenda,with necessary additions/deletions. This motion passed and carried by a 6-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Liz Valera, NSP Administrator-Recognition of new homeowners under the Neighborhood Stabilization Program. Ms. Valera reported the first four homes under the NSP Program have been sold. She showed some before and after pictures of each home sold. The new homeowners present in the audience were also introduced as follows: Xiomara Jimenez, Carolene and Lee Timmons and Diana Delago-Gourgue. Mayor Gibson shared this is not an easy task to get the homes purchases, renovated and back on the market. However, Miami Gardens compared to other municipalities is leading in the process. Ms. Valera expounded on this process and shared that the City of Miramar has restructured its program to that of Miami Gardens. She said everybody is learning because this is a new program. However, a lot of the municipalities have not started selling homes as of yet. Even though the City is finding buyers the financing has been difficult. Mayor Gibson commended the Community Development Department for all of its hard work. Councilman Williams asked about the average sale price of the homes. Ms. Valera in response to Councilman Williams said the sale price is averaging $130,000.0 and the mortgage is approximately$82,000,with the subsidy. Councilman Williams asked Ms.Valera to expound on the subsidy. Ms. Valera said the maximum subsidy the Council approved was $55,000.00. This amount is given toward closing close and a down payment. The criterion is that the mortgage as well as the taxes does not exceed thirty-three (33) of their monthly income. Regular City Council Minutes-July 28, 2010 Page 2 CITY COUNCIL MINUTES JULY 28, 2010 F-2) Liz Valera NSP Administrator - Neighborhood Stabilization Program Quarterly Progress Report. Ms. Valera said the City of Miami Gardens developed a plan, which was submitted to HUD for the Neighborhood Stabilization Program. This Plan was approved and a contract executed, March 2009. The City received 6.8 Million Dollars, which had to be completely obligated within eighteen (18) months. After the initial eighteen (18) months, the City had an additional forty (40) months to expend the funds. As part of the program certain activities had to be carried out. One of those required that the City had to set aside twenty-five (25%) percent per household. Fifty (50%) percent of area medium income or below. That twenty-five (25%) percent represented 1.8 Million of the City's entitlement. As of June 30th, the City has obligated ninety-two (92%) of those funds. Another activity was the demolition for blighted and unsafe structures. As of June 30th, forty-one (41%) percent of those funds have been obligated to demolish five (5) homes. The next activity was the purchase, the rehabilitation and providing assistance to homeowners. Ninety (90%) percent of the funds set aside for this activity, as of June 30th had been obligated. Program Administration is for the salaries and has to be spread out over the next four years, that puts this activity, as of June 30th at ninety (90%) percent. HUD has reimbursed the City for 3.3 Million Dollars as of June 301h. The City has an additional 2.8 Million dollars that have been obligated but not spent. As of June 301h, the only portion of the 6.8 Million Dollars that has not been obligated is $648,000, which is less than ten (10%) percent of the entitlement. The City has either acquired or have under contract twenty-three (23) homes that are either at or below the fifty (50%) percent of medium income. There are four rehabilitation projects underway at present. There were two properties that were demolished. Those homes will be replaced for an average cost of approximately $120,000.00. The average cost for rehabbing a home has been approximately $56,000. The homes being rehabbed are being done by energy efficient measures. The average monthly payment for the four home buyers has been $785.00. The average monthly income for the four buyers is $2,800.00. There are seven more houses under contract. It is anticipated that the closings will take place soon. Fifteen buyers have been approved and waiting for houses. Of that fifteen, four are at that fifty percent or below. The proceeds from the sale of the four homes are recycled and put back into the program. The City has demolished three properties; eleven more properties have been assigned to the vendor. The cost to demolish the properties is approximately$8,000.00 each. Councilman Williams commended Ms. Valera for an excellent report. He asked how the realtor finds the foreclosed homes. Donna Dowell, 10640 Griffith Road, Suite 106, Cooper City, Florida, appeared before the City Council in response to Councilman Williams questions. She said foreclosed properties are identified through a market listing service. There is a lot of competition with cash buyers. Councilman Williams asked whether most of the foreclosed properties are bank owned, therefore negotiations are entered into with the banks. Ms. Dowell in response to Councilman Williams' question replied, "Yes." Regular City Council Minutes-July 28, 2010 Page 3 CITY COUNCIL MINUTES JULY 28, 2010 F-3) Employee Recognition-5 Year Pin Presentation Manager Crew presented five year service pins to: Jorge (Building Dept) and Natalya Thomas, Finance Department. F-3) Ula Zucker, Media and Events Coordinator-Miss Miami Gardens -Abigail Williams Ula Zucker appeared before the City Council to announce that Ms. Abigail Williams, Miss Miami Gardens 2010 participated in the Miss Florida Pageant where she was won the Miss Congeniality Award. As part of this award, Ms. Williams also received a $1,000.00 monetary contribution towards her education. Abigail Williams, Miss Miami Gardens 2010 appeared before the City Council to share her experience at the Miss Florida Pageant. She shared plans to enter Florida A&M University where she will be studying Theater. She thanked the Council for their support. (G) PUBLIC COMMENTS Delores Wheeler, 16240 NW 39th Court, Miami Gardens, Florida, appeared before the City Council and read into the record a letter expressing the concerns in the Venetian Gardens issue with street lights. This letter is attached hereto as Exhibit"A". Manager Crew explained the process involved with getting street lights, which would require a Special Taxing District. He stated that he along with staff from the Public Works Department will be available and willing to assist the residents with this endeavor. Sonia Mannings, 20560 NW 17th Avenue, Miami Gardens, Florida, appeared before the City Council to commend the City on its Youth Sports Program. She further shared that our youth have a lot of social issues and urged the City to implement more academic programs. Danny Johnson, 660 NW 177th Street, Miami Gardens, Florida, appeared before the City Council to inquire when the Betty T. Ferguson Community Center would be opened to the public. Daniel Rosemond, Assistant City Manager appeared before the Council, in response to Mr. Johnson's inquiry and stated staff anticipates the "Center's" opening will be mid to late September 2010. Pamela D. Washington, 3391 NW 213 Terrace, Miami Gardens, Florida, appeared before the City Council to thank Councilman Bratton for his invaluable service, and would be forever grateful to him for his actions. She expressed concern with the City's Youth Sports program. She said some of the participates are playing with their own equipment due to a shortfall within the program. She further shared that the City of Miami Gardens is advising the participants that if they get hurt playing with their personal equipment they will not be covered by the City's insurance. Regular City Council Minutes-July 28, 2010 Page 4 CITY COUNCIL MINUTES JULY 28, 2010 Kara Petty, Parks and Recreation Director appeared before the City Council in response to Ms. Washington's concerns. She explained there was a problem with some of the helmets. Ms. Washington explained that the wrong size helmets were ordered because the older children would wear the same size and type of helmet as the high school players. Ms. Petty said staff has ordered the larger size helmets, which should be arriving soon. Councilman Bratton explained the circumstances surrounding his assisting Ms. Washington. He said all he did was order a 24 hour watch on Ms. Washington's home to prevent someone from breaking in. Janice Coakley, 19681 NW 33`d Avenue, Miami Gardens, Florida, appeared before the City Council to thank Mayor Gibson for broaching the subject of the City's Health Insurance at the budget workshop. She opined that item should go out for bid because of the high premium. She further suggested looking at the bid for the Fitness Center at the Betty T. Ferguson Community Center. She asked why is the budget not itemized. She said the budget being provided to the public does not indicate how many employees are in each department, nor does it mentions the salaries of those employees. She further stated that at the budget workshop the City Manager indicated that a position would be eliminated from Media and Events. The difference in last year and this year's proposed budget for Media and Events is only a reduction of $625.00. She further shared at that budget workshop Councilman Williams had asked why no money was in the budget for Bunche Park Pool. The response given to Councilman Williams by staff said there were no funds. She voiced disagreement with the roll back rate, especially if her taxes were going to be increased to pay for"special pay." Bernard Briggs, 1681 NW 155th Street, Miami Gardens, Florida, appeared before the City Council to voice concern with two houses in his neighborhood. He said those two properties have been under construction for many years and as yet have not been completed. There are no windows in those properties, and at night people utilize the properties to use illegal drug. He asked that the City takes the necessary steps to board up the windows. He further shared that there are no lights in his neighborhood. Mayor Gibson asked staff to communicate with Mr. Briggs and get the necessary information about the two properties he'd talked about. Manager Crew said staff is talking with Miami-Dade County about the possibility of making the entire City a Special Taxing District for lights. Mayor Gibson expounded on the comments made by the City Manager and shared that many residents are already paying for a Special Tax for lights as part of their tax bill. She emphasized the importance of residents and taxpayers knowing what taxes and services they are already paying for. She further encouraged residents to contact County Commissioner Jordan's office and encourage her assistance with those projects the City is trying to get accomplished through Miami-Dade County. Regular City Council Minutes-July 28, 2010 Page 5 CITY COUNCIL MINUTES JULY 28, 2010 Harold Lawton, 1860 NW 170th Street, Miami Gardens, Florida, appeared before the City Council to commend Councilman Gilbert for taking the leadership to ensure that the residents of Miami Gardens are given special exemption in hiring. He said he would like to see this issue back again, with whatever modifications necessary. Vice Mayor Campbell said based on the comments made by Mr. Lawton he wanted to explain that the ordinance was not resoundingly defeated. The vote was 3-3 split, and when there is a 3-3 split the item technically fails. He shared that he agreed with the ordinance and voted in favor of it. Councilman Gilbert shared that he personally sponsored the item, and assured Mr. Lawton and members of the audience that the ordinance will be coming back before the Council for consideration. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING AN ART IN PUBLIC PLACES FUND; ESTABLISHING PERMITTED USES OF FUNDS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; ESTABLISHING A COMMITTEE; ESTABLISHING GUIDELINES; 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 THE CITY MANAGER) Manager Crew explained Miami-Dade County requires that municipalities must have an Art In Public Places Program, when new buildings are built. Unless the municipality opts out of Miami-Dade County's Program, that municipality would have to use their program, and their staff. Municipalities have the option of establishing its own Art In Public Places Program Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to adopt this item on first reading. There being no discussion,the motion to adopt this item on first reading passed and carried by a 6-0 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes Regular City Council Minutes-July 28, 2010 Page 6 CITY COUNCIL MINUTES JULY 28, 2010 H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REQUIRING THE REGISTRATION OF ABANDONED PROPERTIES; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR A DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; 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 COUNCILWOMAN BARBARA WATSON) Motion offered by Councilwoman Watson, seconded by Vice Mayor Campbell to adopt this item on first reading. Councilwoman Watson explained there was a lot of input from members of the Council at a previous meeting with regard to this item. This ordinance addresses abandoned properties within our neighborhoods. It also provides a way for neighbors to communicate when they see illegal activities happening within their community by alerting the police department. By having the properties registered with the City, staff can more efficiently track the properties.The properties will be registered, with a decal being placed on the property for a cost of approximately$10.00. Councilman Williams conveyed support of this item. He placed emphasis on the importance of cataloging abandoned and vacant properties within the City. He asked Vice Mayor Campbell for his opinion, as a former law enforcement officer whether placing a decal on abandoned or vacant properties would attract undo attention of criminals. Vice Mayor Campbell in response to Councilman Williams' question shared that it has been his experience that having signage would attract undesirables. He said sometime you have to weigh the advantages against the disadvantage of having signage. Councilman Williams asked what is the purpose of having the signage. Councilwoman Watson said the signage would benefit the neighbors so that they will have some form of communicating with the police department. She said due to the lack of maintenance on a property, is an indication the property is abandoned or vacant. The criminals are already the property is abandoned or vacant therefore the signage would not be alerting them. Councilman Williams asked what process will Code Enforcement utilize to identify abandoned or vacant properties within the City of Miami Gardens. Councilwoman Watson in response to Councilman Williams' question said the Code Enforcement Department would do a visual of the neighborhoods. Regular City Council Minutes-July 28, 2010 Page 7 CITY COUNCIL MINUTES JULY 28, 2010 Councilman Gilbert made reference to the definition of Abandoned and indicated that somewhere in this definition the word vacant should be added. Attorney Dickens said the problem; if someone says the property is vacant, and the police enter the property and it is not vacant she did not want to be held liable or responsible for that. That is why there is language that says "if it looks like it is vacant". This ordinance allows those property owners to register their abandoned or vacant property. It also holds the property owner accountable. Councilman Williams inquired about the education notification component of this process to get the word out to the community. Councilwoman Watson said there is an education campaign associated with this program. Information will also be placed in the City's Newsletter. Attorney Dickens said the education component of this program would not require an amendment to the ordinance, but merely a directive to the City Manager. Manager Crew said this item will be advertised in the Community Newspaper. Councilman Bratton asked how would this process be handled. Councilwoman Watson said this process would be handled through the Code Enforcement Process. Councilman Bratton made reference to those violating this ordinance and asked what would be the process to handle that situation. Attorney Dickens said anyone violating this ordinance would be cited by the Code Enforcement Division. Councilman Williams referenced the penalties for violating this ordinance, which includes a fine as well as jail time. Attorney Dickens explained that is the law as per State Statutes. There being no further discussion on this item, the motion to adopt this ordinance on first reading passed and carried by a 6-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Regular City Council Minutes-July 28, 2010 Page 8 CITY COUNCIL MINUTES JULY 28, 2010 Mayor Gibson: Yes Councilwoman Watson asked Councilman Williams if he would sponsor this item when it is considered for second reading and public hearing, as this is her last City Council member. Councilman Williams said he has no problem sponsoring this item on second reading and public hearing. H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE MIAMI GARDENS SCHOLARSHIP PAGEANT COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Councilman Bratton explained this ordinance establishes a Committee to assist with organizing the Miss Miami Gardens Scholarship Pageant. Motion offered by Councilman Bratton, seconded by Councilman Williams to adopt this item on first reading. There being no further discussion, the motion to adopt this item on first reading passed and carried by a 6-0 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Not present Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Vice Mayor Campbell: Yes Mayor Gibson: Yes Please note, Mayor Gibson passed the gavel to Vice Mayor Campbell and left the Chambers at 8:50 p.m. She returned at 9:05 p.m. (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARINGS) Regular City Council Minutes—July 28, 2010 Page 9 CITY COUNCIL MINUTES JULY 28, 2010 ORDINANCE NO.2010-19-277 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 10 ENTITLED "CIVIL PENALTIES AND RELATED TERMS CONSTRUED" OF ORDINANCE NO. 2004-11-27 (CODE ENFORCEMENT PROCEDURES); DELETING SECTION 18 ENTITLED "SCHEDULE OF CIVIL PENALTIES" OF ORDINANCE NO. 2004-11-27; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING SECTION 8CC-10 OF THE MIAMI- DADE COUNTY CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (V Reading-July 14,2010) Manager Crew explained this ordinance repeals the Miami-Dade Code and adopts the State Statutes. Vice Mayor Campbell opened the floor for this public hearing. Patricia Lightfoot, 2750 NW 172nd Terrace, Miami Gardens, Florida, appeared before the City Council to ask for further clarification on this item. Roderick Potter, Code Compliance Division Director appeared before the City Council in response to Ms. Lightfoot's inquiry. He explained FS Chapter 162 provides regulations on what the cost for civil penalties should be. Under Miami-Dade County Code there are numerous pages of different types of fine amounts and different violations. He said this is a much simpler process, which would allow the City to utilize the Florida Statutes and the City's ordinances. Ms. Lightfoot asked whether the civil penalties would be increasing under this new ordinance. Attorney Dickens said this ordinance would not increase the civil penalties. She further shared that warning notices would be provided to the violator prior to an actual fine be imposed. Ms. Lightfoot said she is concerned for those older residents on fixed incomes who have been in their homes for a long time. Some of those homes might need some improvements. Manager Crew said the bottom line the City wants residents to comply and is not in the business of making money off of the residents. Attorney Dickens shared that the City also has an Amnesty Program for homestead properties, which is five (5%) percent of the lien. Staff works with the homeowners throughout the Amnesty process. Regular City Council Minutes-July 28, 2010 Page 10 CITY COUNCIL MINUTES JULY 28, 2010 Terry Hanes, 20200 NW 29`h Court, Miami Gardens, Florida, appeared before the City Council to thank the City Attorney for informing the residents of the Amnesty Program. There being no other interested parties to speak on this item,the public hearing closed. Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to adopt this ordinance. Councilman Williams said in the ordinance sponsored by Councilwoman Watson there was a provision for a $500.00 fine or imprisonment. However this ordinance provides for a fine but no imprisonment. He opined there are more serious violations under this ordinance. Attorney Dickens explained this ordinance only addressed the penalty provision. The Code Enforcement Ordinance does contain the imprisonment, which is provided for in FS Chapter 162. At the conclusion of this discussion, the motion to adopt this item passed and carried by a 6-0 vote. Councilwoman Pritchett: Not present Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Mayor Gibson: Yes ORDINANCE NO.2010-20-228 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A SERIES 2010A GROUND LEASE; PROVIDING FOR THE GROUND LEASING OF CERTAIN REAL PROPERTY,FROM THE CITY OF MIAMI GARDENS,FLORIDA (THE "CITY") TO THE MIAMI GARDENS LEASING CORPORATION IN ORDER TO FACILITATE THE LEASE-PURCHASE BY THE CITY OF A NEW TOWN CENTER FACILITY CONTAINING A CITY HALL, POLICE STATION AND PARKING GARAGE TO BE LOCATED THEREON; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) (1st Reading-July 14,2010) Regular City Council Minutes-July 28, 2010 Page 11 CITY COUNCIL MINUTES JULY 28, 2010 Manager Crew explained the City of Miami Gardens created the Miami Gardens leasing Corporation for the purpose of building a City Hall. He explained the City takes the Wachovia Property and leases it to itself, which is allowable under this kind of financing. Vice Mayor Campbell opened the floor for this public hearing. Lemuel Wims, 19675 NW 37th Court, Miami Gardens, Florida, appeared before the City Council to get further clarification. Manager Crew explained said the construction would include a City Hall, Police Station and probably a six story parking garage. Patricia Lightfoot, 2750 NW 172nd Terrace, Miami Gardens, Florida, appeared before the City Council to ask for further clarification on this item. Manager Crew explained said with the type of financing the City will be utilizing to build the municipal complex provides that the lease that the City now owns has value. Shares of that lease would be sold on the public market. The money to build the building will come for people who buy the shares. The City will be Wells Fargo its lease payment for the building. Wells Fargo will then pay the investors. Ms. Lightfoot asked if the City was making a profit from this process. Manager Crew in response to Ms. Lightfoot's inquiry replied, "No." The City will be paying for the buildings that will be built. Vice Mayor Campbell relinquished the gavel to Mayor Gibson. Terry Hanes, 20200 NW 29th Court, Miami Gardens, Florida and asked whether this is just moving money from one pot to another. Manager Crew in response to Mr. Hanes' comment replied essentially. Mr. Hanes asked where was the City in this process. Manager Crew replied the City is in the process of hiring the architect. The Council has directed staff to move forward with the process. He said the bond counsel and underwrites have been hired as well. Mr. Hanes asked whether the citizens would have input at some point in the process. Manager Crew said there will be opportunities for citizens input during this process. He said the City Hall is going to be a State of the Art building that Miami Gardens can be proud of. There being no other interested parties to speak on this item, the public hearing closed. Regular City Council Minutes-July 28, 2010 Page 12 CITY COUNCIL MINUTES JULY 28, 2010 Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to adopt this Ordinance. At the conclusion of this discussion, the motion to adopt this item passed and carried by a 6-0 vote. Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Mayor Gibson: Yes (,) CONSENT AGENDA RESOLUTION NO. 2010-127-1308 J-1) 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 RENEWAL AGREEMENT WITH AVMED HEALTH PLANS FOR MEDICAL INSURANCE IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED EIGHTY FOUR THOUSAND, FIVE HUNDRED SIXTY FIVE DOLLARS ($3,884,565.00), ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-128-1309 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING SUBSTANTIAL AMENDMENTS TO THE CITY OF MIAMI GARDENS' HOUSING POLICIES ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-129-1310 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A SECTION 3 ACTION PLAN, AS OUTLINED ON EXHIBIT "A" ATTACHED Regular City Council Minutes—July 28, 2010 Page 13 CITY COUNCIL MINUTES JULY 28, 2010 HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-130-1311 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 GRANT AGREEMENT WITH THE CITY OF MIRAMAR THROUGH THE FEDERAL DEPARTMENT OF HOMELAND SECURITY, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-131-1312 J-5) 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 FIRST AMENDMENT TO THE 2007 MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 2010-132-1313 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 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI-DADE ECONOMIC ADVOCACY TRUST TO ESTABLISH THE MIAMI GARDENS/NORTH DADE STIMULUS INITIATIVE, ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes-July 28, 2010 Page 14 CITY COUNCIL MINUTES JULY 28, 2010 RESOLUTION NO. 2010-133-1314 J-7) 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 VILA AND SONS, LANDSCAPING CORP., ATTACHED HERETO AS EXHIBIT "A," FOR LANDSCAPE ARCHITECTURAL SERVICES IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTY-THREE THOUSAND, THIRTY-NINE DOLLARS AND 32/100 CENTS ($383,039.32); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-134-1315 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH COMPLETE HEALTH AND FITNESS CONCEPTS, INC., ATTACHED HERETO IN SUBSTANTIAL FORM AS EXHIBIT "A," FOR FITNESS MANAGEMENT SERVICES AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY SEVEN THOUSAND, FIVE HUNDRED EIGHTY NINE DOLLARS AND 89/100 CENTS ($147,589.89); AUTHORIZING THE CITY MANAGER TO RE- NEGOTIATE THE TERMS OF SAID AGREEMENT AND RENEW THE AGREEMENT FOR TWO (2) ADDITIONAL TWO YEAR RENEWAL TERMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2010-135-1316 J-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN MELVIN L. BRATTON'S APPOINTMENT OF JIMMY RAY BURKE TO THE NUISANCE ABATEMENT BOARD FOR A THREE (3) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes-July 28, 2010 Page 15 CITY COUNCIL MINUTES JULY 28, 2010 RESOLUTION NO.2010-136-1317 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO CONDUCT A 2011 MISS MIAMI GARDENS SCHOLARSHIP PAGEANT INCLUDING EXECUTING AN AGREEMENT WITH THE MISS FLORIDA PAGEANT SCHOLARSHIP, INC., AUTHORIZING THE EVENT ON AN ANNUAL BASIS THEREAFTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS, PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to adopt the Consent Agenda. This motion passed and carried by a 6-0 voice vote. (K) RESOLUTIONS RESOLUTION NO. 2010-137-1318 K-1) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATE FOR FISCAL YEAR 2010-2011 WITH THE ROLLED-BACK RATE; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained this item sets the proposed millage rate. The Council can always go lower than this proposed millage rate, but not higher. He asked the Council to consider going back to the rollback rate, which by State requirements is considered to be no increase. The rollback rate will only bring in the same amount of money in taxes from one year to the next year. This time, because the property values are declining, a higher millage is necessary to bring in the same dollar amount. Even with the City going into this rollback rate, it will bring in One Million Dollars less than what was received last year. Motion offered by Vice Mayor Campbell, seconded by Councilwoman Watson to adopt this item. There being no discussion on this item, the motion to adopt this resolution passed and carried by a 6-0 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Regular City Council Minutes—July 28, 2010 Page 16 CITY COUNCIL MINUTES JULY 28, 2010 Councilwoman Pritchett: Not present Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes RESOLUTION NO. 2010-138-1319 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER IN THE AMOUNT OF THREE MILLION, SEVEN HUNDRED TWELVE THOUSAND, TWENTY-EIGHT DOLLARS ($3,712,028.00) TO URS CORPORATION FOR DESIGN SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF A CITY HALL COMPLEX, IN ACCORDANCE WITH THE AWARD OF A CONTINUING CONTRACT BETWEEN THE PARTIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Manager Crew explained the state statues provide a method for the hiring architects and engineers. This Council went through that process approximately three years ago. A number of firms were selected that are not on continuing contracts. The state law requires that you cannot bid money. You have to pick the best firm and then negotiate a price with that firm. Staff has been meeting with URS for the past three months. A proposal to design the City Hall was submitted. The base project is 2.5 Million Dollars for the design. There is also $800,000.00 included for additional services that might be needed. The contract is split into phases. The design will take approximately ten months. It is anticipated that it will take between 14 and 18 months until construction. It is anticipated the City Hall Complex will be completed in late 2012. Kevin Lawry the City's financial consultant appeared before the City Council and shared the overall fee structure is competitive and highly competitive for a Platinum LEED Project. URS will have construction and oversight responsibilities to ensure the building is being constructed in accordance with the plans. Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to adopt this item. Councilman Bratton made reference to the stormwater management provision and asked for clarification. Manager Crew explained this is a part of URS's duties to design a stormwater system. Councilman Williams asked for clarification on this process because there is an RFQ out on this item. Regular City Council Minutes-July 28, 2010 Page 17 CITY COUNCIL MINUTES JULY 28, 2010 Manager Crew explained originally the City was going to hire a developer to do the entire project. The project has now been split out. The City is hiring the architect to do the design. If Council decides to go with a developer,the City would still use its architect to design the project. The developer would do the construction part. However, if Council decides not to select a developer, the City has already gone through the process and will be able to build the project without a developer. Mr. Lawry shared one of his concerns when he made his first presentation before the Council was with having a consolidated contractor, with is a bundled package including the architect, contractor and developer. In this particular case, if the City decides to go with a developer, that developer would build to the specification of the City's architect design. Councilman Williams said if this project moves forward he wanted to ensure that it is built for the best value and best savings for the City. Attorney Dickens clarified if the City went to the developer scenario, the architect, developer and contract are all on the same team. There is nobody protecting the City. Right now URS would provide that layer of protection because they are designing the project for the City. Mayor Gibson asked how much of input would staff that who will actually be utilizing the space have in space design phase. Mr. Lawry said employees will be interviewed. Councilman Gilbert said the public should be engaged and input received because this will be their public building. Councilman Bratton asked whether the space would be partitioned or walls. Manager Crew in response to Councilman Bratton said this would depend on the recommendation of the architects. Councilwoman Watson asked whether the City was still on track to capture Stimulus dollars. Manager Crew explained that President Obama's Stimulus Program provides for Build America Bonds, the bonds being issued can be Build America Bonds as long as they are issued before the end of this calendar year the City is eligible. Over the life of this project the City will save 17 Million Dollars. Councilwoman Watson asked whether bond opportunities would be afforded to the residents in case they want to invest. Manager Crew said he would find out if this is possible. Councilwoman Watson said she wanted to make sure this information is available to the residents. Regular City Council Minutes-July 28, 2010 Page 18 CITY COUNCIL MINUTES JULY 28, 2010 There being no further discussion, the motion to adopt this item passed and carried by a 6-0 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1)City Manager's Monthly Report Manager Crew announced now that the City has a financing bond issue pending representatives from Standard and Poor's, Moodys and Fitch will be visiting the City on tomorrow morning. Clerk Taylor announced that the City Council will be in recess for the month of August. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert shared the Miami Gardens Police Department is holding a National Night Out event where they will be walking with the Crime Watch organizations in the City of Miami Gardens. The event will take place Monday, August 2, 2010, beginning at 6:00 p.m., location 18701 NW 27`h Avenue (Wachovia property). Councilman Gilbert referenced the reading program at Golden Glades Elementary School where students participate by reading to other students. He said this is a unique way to get the youth involved academically. He asked that the City Manager look at a similar program for the City. Mayor Gibson piggybacked on Councilman Gilbert's comments and shared the Talcocy Center has a similar program (Freedom School) that is nationally recognized. Trinity also has a portion of a Freedom School that is held over the summer months. As suggested by Ms. Mannings this is an academic element that can be added for those youth not participating in the Youth Sports Program. She said this program was funded by the Children's Trust. Manager Crew said he would have staff look into this program. Councilman Williams stated this is the last official meeting for Councilwoman Watson and Councilman Bratton. He commended each for their outstanding service to the community while serving on the City Council. He further shared that there were over 300 individuals who responded to the Job Regular City Council Minutes-July 28, 2010 Page 19 CITY COUNCIL MINUTES JULY 28, 2010 Fair held at City Hall on this past Monday. He said although he appreciated the response, this shows there are a lot of people who do not have jobs. He further shared the Consent Agenda Item he wanted to pull tonight related to a landscaping contract. He said he had talked with the City Attorney and his first initiative in September will be to propose legislation to have a preference for contractors who hires Miami Gardens' residents to do the work. Councilwoman Watson reflected on her seven year tenure as an elected official representing Residential Area Seat 2. Many of the things that have initiated on this dais have been recognized across the Country. She said many of the residents might not always be happy with what is being done on the dais but it is being done with the residents' best interest at heart. She thanked residents like Ms. Coakley and Mr. Wims for coming to the Council meetings to express their opinions or concerns. She thanked the residents for their support during her tenure. Councilman Bratton thanked the citizens for their support. He further thanked the City Manager and his staff for their support during his tenure. He encouraged that the incoming Council members whoever they may be must read the City Charter, Roberts' Rules of Order and especially their agenda packets. He further shared no Council member can do anything on their own. It takes four (4) votes to accomplish anything. He shared that this has been a very professional Council and adheres to higher standards. Mayor Gibson announced that the two public hearings to adopt the FY 2010-11 Budget are scheduled for Wednesday, September 8, 2010 beginning at 5:30 p.m., and Wednesday, September 22, 2010, beginning at 6:00 p.m. Both hearings will take place in the City Council Chambers. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC Mayor Gibson thanked Councilwoman Watson and Councilman Bratton for their support during their tenure as elected officials for the City of Miami Gardens. She then read in to the record a letter submitted by a resident Ms. Evelyn Peters. This letter is attached hereto as Exhibit "B", a made a part of this record. (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made, the meeting adjourned at 10:09 p.m. tT7.J Attes S ' le ibs , Mayor lonetta Taylor, MMC, ity Clerk Regular City Council Minutes-July 28, 2010 Page 20