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09.08.2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES SEPTEMBER 8, 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session beginning at 8:15 p.m., in the City Council Chambers, 1515 NW 167`x' 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 Lisa C. Davis, Andre Williams, Felicia Robinson, Sharon Pritchett and Oliver G. Gilbert III. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens, and City Clerk Ronetta Taylor. (B) INVOCATION Given during Budget Hearing (C) PLEDGE OF ALLEGIANCE Recited during Budget Hearing (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes—July 14,2010 Motion offered by Councilwoman Pritchett, seconded by Councilwoman Davis to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. D-2) Regular City Council Minutes—July 28,2010 Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Campbell 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) Motion offered by Mayor Gibson, seconded by Vice Mayor Campbell to pull Item J-03 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to pull Item J-04 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Regular City Council Minutes September 8, 2010 Page 1 Attorney Dickens asked to have Item K-3 moved up on the Agenda to be heard after the first reading of ordinances. Motion offered by Councilwoman Pritchett, seconded by Councilwoman Robinson to accept 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) Chief Matthew Boyd, Police Department Month Report Chief Matthew Boyd appeared before the City Council to present the Officer of the Month for the month of July 2010 to Officer Pierre Eric. He stated Officer Pierre Eric's exemplary police investigation skills was instrumental in solving a number of burglaries at the Extra Space Storage facility, 20240 NW 2nd Avenue, as well as a burglary at 300 NW 202 Terrace. Chief Boyd announced total part-one crimes from July to August were done sixteen (16%) percent. In comparing August 2009 to August 2010, crime was reduced by thirty-one (31%) percent. Year-to-date crime in down nineteen (19%) percent; most noticeable in the drop in robbery cases, which is down by fourteen (14%) percent. Burglaries were reduced by thirty- eight(38%) percent. All part-one crimes, with the exception of thefts are showing a double digit reduction year-to-date. Total arrests were down thirty-one (31%) percent, in August. Burglary arrests decreased significantly. Robbery arrests remain the same however; several open cases were closed as a result of these arrests. Assault and Battery arrests remain the same plus or minus a small margin; this is due largely to a number of domestic incidents occurring this reporting period. F-2) Councilwoman Pritchett—Javier Fernandez Spase Cadet/Spase Desizn Javier Fernandez and Jamal Jenkins, representatives of Spase Cadets/Spase Design, 821 NW 774' Street, Miami, Florida, appeared before the City Council to provide a brief report on the Basketball Game Event co-sponsored by the City of Miami Gardens. Over seven (700) hundred book bags were given out. From the proceeds, small scholarships were given to Florida Memorial University. The City of Miami Gardens and Miami Carol City High School were presented very well. Councilwoman Pritchett was thanked for her support and presented with a plaque and flowers, as a token of appreciation. Councilwoman Pritchett thanked the representatives from Spase Cadets/Spase Design for doing an outstanding job. F-3) Mike Gambino,2010 Flood Plan Management Progress Report Mike Gambino, Miami Gardens Flood Plain Administrator appeared before the City Council to provide an Annual Update Progress Report on the City's Flood Plain Program. This report is also provided to the public and media. Mayor Gibson asked for clarification on the notification sent out to the public. Mr. Gambino explained three notices are sent out. One notice is for the entire Regular City Council Minutes September 8, 2010 Page 2 community and relates to flood protection. The second notice is on the benefits of flood insurance; and the third notice is the same as the first notification, but provided to flood plain residents, only. Vice Mayor Campbell made reference to the drainage improvement project along NW 211th Street and asked whether those were City projects. He said he did not see that area listed on the information provided. Mr. Gambino said the drainage improvement project along NW 211th Street, which Vice Mayor Campbell referenced were city sponsored projects. He said the document would be updated to include those projects not included. (G) PUBLIC COMMENTS Eva L. Bryant, 16205 NW 39th Court, Miami Gardens, Florida, appeared before the City Council to express concern that there are no streets in her neighborhood,Venetian Gardens. Councilman Williams asked whether the City was responsible for street lights in this area. Manager Crew explained Miami-Dade County is responsible for the street lighting. However, staff has been working with the residents in Venetian Gardens to find a workable solution. He stated that staff will be bringing to the Council for its consideration a resolution to ask Miami-Dade County to make the entire City of Miami Gardens a Special Lighting District. Most of the City of Miami Gardens has street lights but there are a few areas that do not. Councilwoman Pritchett for clarification purposes asked if this Special Lighting District would be a Special Taxing District. Manager Crew in response to Councilwoman Pritchett replied, "Yes." Most of the City already has one. Anybody that has street lights in their area is already paying that tax. Councilwoman Pritchett asked why not look into replacing the bulbs that have worn out or broken before taxing residents who are already taxed. Manager Crew said the residents already paying taxes for the street lights would not pay two taxes, they will only pay one. Everybody city-wide would be paying the same thing. There are several areas within the City of Miami Gardens that have been on the list to receive lights for years. Miami-Dade County doesn't have any money either for this purpose. Councilwoman Pritchett asked when this item is brought back can information also be provided identifying the street lights already in this area. This will provide a better idea of what the inventory is or is not there. Frankie Johnson, 2601 NW 206th Street, Miami Gardens, Florida, appeared before the City Council to solicit support on the passage of the Meal on Wheels Program. Regular City Council Minutes September 8, 2010 Page 3 Melveen Ware, 20510 NW 28th Court, Miami Gardens, Florida, appeared before the City Council appeared before the Meal on Wheels Program. Scott Dowling, 2040 NW 171St Street, Miami Gardens, Florida, appeared before the City Council in support of the Meals on Wheels Program. He said because of this program he is employed as a driver. Rosalyn Ramos-Shaq, 16312 NW 4e Court, Miami Gardens, Florida, appeared before the City Council to express concern with the lack of street lights in her neighborhood. This is especially a concern because her children have to catch the bus in the early hours of the morning when it is still dark outside. Vice Mayor Campbell said recently this issue has come up at every City Council meeting. He said this is a Miami-Dade County issue and asked if anyone has contacted County Commissioner Barbara Jordan. Julio Avila, 16250 NW 39th Court, Miami Gardens, Florida, appeared before the City Council in response to Vice Mayor Campbell's inquiry. He shared that representatives from his neighborhood have been meeting with County Commissioner Barbara Jordan. He said the residents in this area are not pleased with the City of Miami Gardens and its lack of concern for this area. He said this is why he is asking the City of Miami Gardens support and to be a part of this effort. Vice Mayor Campbell reiterated this is a Miami-Dade County issue; what is Miami-Dade County doing about it. Mr. Avila shared a petition was circulated and a request was made to split Venetian Gardens into two areas. Vice Mayor Campbell reiterated that Mr. Avila has not answered his question. He asked what is it he wants from the City of Miami Gardens. Councilwoman Pritchett stated that she read the information provided by Mr. Avila. From the information provided Mr. Avila had gone to County Commissioner Jordan, who referred him to the department that handles street lighting. That department indicated that signatures were required from the residents stating they would be in agreement to be taxed for street lighting. Due to Mr. Avila's efforts he was able to get signatures in his immediate area. However, when he crossed over to the other area there were challenges and was not able to obtain the required signatures needed. Since Mr. Avila was not able to get the required signatures, County Commissioner Barbara Jordan informed him there was nothing she could do until that was accomplished. Councilwoman Pritchett placed emphasis on being very creative when approaching certain matters. She shared that the Council just finished its first budget hearing, and at this time the City is going through difficult time. She made referenced to an individual in this particular neighborhood who had written grants to assists with the beautification efforts in this area. She Regular City Council Minutes September 8, 2010 Page 4 asked Mr. Avila if he had been successful in finding this individual or successful in identifying any grants. Mr. Avila said he has not had a chance to investigate this avenue. Councilman Williams asked Mr. Avila how many signatures were needed. Mr. Avila said signatures are needed from the area of NW 154th Street going south to Opa-locka Airport; from 37th Avenue going west to 42nd Avenue. Miami-Dade County is asking for fifty plus one percent of signatures of the residents in this particular area. Councilman Williams asked how can the City be helpful in getting the required signatures. Mr. Avila shared that he has been in discussions with the City Manager and one suggestion is to provide each resident with a petition and a self-addressed envelope. Councilwoman Pritchett pointed out that many of the residents in the Venetian Gardens are renters. Councilwoman Robinson shared there is another option besides getting the required signatures. The Mayor of Miami-Dade County could be petitioned to make this area a Special Taxing District for Street Lights. Councilman Gilbert said this is not exactly a Commission process but a statutory process. He opined the Council should send a resolution to Miami-Dade County's Mayor asking him to initiate the Special Lighting District. Sporty Young, 19025 NW 23`d Avenue, Miami Gardens, Florida, appeared before the City Council to request that all funds received from the various funding sources for senior citizens be included in the budget in a format that residents can see it. N'Aon Pardon, 2251 NW 177th Terrace, Miami Gardens, Florida, appeared before the City Council to express concern with the drainage in her neighborhood. She said the street floods out when it rains. The water comes into her driveway. Dr. Lester Brown, 18801 NW 29th Court, Miami Gardens, Florida, appeared before the City Council and shared he was enthused over the fact that the City has a government that works for the people. He said he is convinced that as a citizen in order to have services they must be paid for. As it relates to the budget, he emphasized the importance of buying what is needed and not what is wanted. He opined the budget should sustain us and if not, then the employees need to be told they are doing a great job and as soon as things get better they will be rewarded. He cautioned being careful for what you ask for. He shared the City of Miami Gardens is a city of middle class people. Vice Mayor Campbell shared that he has a great appreciation for Dr. Brown and people Regular City Council Minutes September 8, 2010 Page 5 like him because they have the courage to come before the Council and share their thoughts. He emphasized it cost money to provide quality service. He thanked Dr. Brown for his comments. Stephanie D. Fenderson, 19603 NW 32°a Place, Miami Gardens, Florida, appeared before the City Council to express that she has a problem with the Police Department. She said when she called the police department to report a crime, the police came to her house instead. She said she would prefer a telephone call. She further stated that she did not like the City Manager, especially with his hiring and firing policy. Shawn Simmonet, 775 NW 170'h Terrace, Miami Gardens, Florida, appeared before the City Council to express support of Item H-3 (Local Hiring Preference). (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MIAMI GARDENS, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. (SPONSORED BY THE CITY CLERK Clerk Taylor explained this is the first step in officially adopting the City of Miami Gardens Code of Ordinances. Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Campbell to adopt this item on first reading. Councilwoman Pritchett asked whether residents will be able to view this item on the City's website. Clerk Taylor said this item can be viewed on municode's website. Attorney Dickens said a link can be put on the City's website that will send residents to municode. There being no further discussion, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilwoman Davis: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Regular City Council Minutes September 8, 2010 Page 6 Councilman Williams: Yes Mayor Gibson: Yes H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION _ OF THE PURCHASING CODE TO PROVIDE FOR A BONUS PROGRAM FOR ENTITIES AWARDED CITY CAPITAL IMPROVEMENT CONTRACTS, THAT HIRE CITY RESIDENTS TO PERFORM SERVICES; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR BONUS STRUCTURE; PROVIDING FOR REPORTING AND COMPLIANCE REQUIREMENTS; 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 ANDRE WILLIAMS) Councilman Williams shared his rationale for sponsoring this item, which in a large part has to do with the unemployment rate in Miami Gardens. He said there are a lot of folks who need work in Miami Gardens, which was evident by the large turn-out at a Job Fair he held several months back. He said if this ordinance had been in place previously we could have had local residents building the city's community center. Moving forward this would provide an incentive to businesses awarded city capital improvement contracts, subject to the availability of funds,to hire local residents. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to adopt this item on first reading. Mayor Gibson referenced the job fair event sponsored by Councilman Williams to hire residents to board up foreclosed properties. She asked how many jobs were created and how many residents were hired. Councilman Williams in response to Mayor Gibson's inquiry shared that he did not know the answer to that question. Daniel Rosemond, Assistant City Manager appeared before the City Council in response to Mayor Gibson's inquiry. He said the City has not received any information from the contractors contacted. Initially, the contractors said they would hire as many as six (6) people but more than likely it would be three (3) people. Staff has requested this information but has not received it. Mayor Gibson said she did not want to diminish the fact that even though 16 percent of the people in Miami Gardens are not working, eighty-four percent are. There are some positive things going on in the City and the majority of the people living in Miami Gardens are working. She further emphasized that when these businesses come into the City, you can ask them to Regular City Council Minutes September 8, 2010 Page 7 participate but you cannot force them to participate. Councilman Gilbert made reference to Section 34: Definitions Subsection (4) New Hires and stated that this needed clarification that the individual would be a new hire. Councilman Williams said he would accept an amendment clarifying this section. Attorney Dickens said the ordinance would be revised to include this language prior to the second reading. Councilman Gilbert made reference to the review process, which provides that the City Manager review. He recommended changing this so that the City Council would provide the review. Manager Crew said if the amount exceeds his normal authority of $50,000, then the matter should come before Council. Vice Mayor Campbell asked about the financial bonus structure and asked if the contractor would be receiving a financial bonus, if the contract is awarded. Councilman Williams in response to Vice Mayor Campbell's question said yes. Vice Mayor Campbell asked where is this funding going to come from. Manager Crew in response to Vice Mayor Campbell's inquiry said the funding would be a part of the City's Project fund. The funding would have to come out of the existing funding for that project. The contractor has to provide documentation that the individual was hired after the contract was awarded and stayed on the project for a certain amount of time. Mayor Gibson asked the City Manager to contact County Commissioner Barbara Jordan's office to find out what constraints Miami-Dade County may be dealing with, with the Marlin Stadium. She shared there were local hiring preference in that contact. Councilwoman Pritchett made reference to Section 37: Monitoring and asked for clarification. Manager Crew said one of the City's current projects is funded by the federal government. The city has to provide supporting documentation such as payroll stubs. Mayor Gibson asked whether the incentive funding source would come out of grant funded projects as well. She cautioned that the Council needs to look at what they are sponsoring and whether those items meet regulations and not make broad statements about what we can and cannot implement. Councilman Gilbert recommended putting this priority into the budget. Regular City Council Minutes September 8, 2010 Page 8 Councilwoman Pritchett pointed out that the ordinance provides language that the bonus structure is subject the availability of funds. She wondered if the Council should be cautious about setting aside a specific pool of money, in the event there is no availability of funds. She asked Councilman Williams, if there are no funds, this bonus structure would not apply. Councilman Williams reiterated this bonus structure is subject to the availability of funds. Therefore, if there are no funds,this provision would not apply. Councilman Gilbert pointed out that the ordinance provides that the City will pay a bonus equal to ten percent of the salary. Manager Crew said that should read"up to ten percent." Councilman Gilbert reiterated his recommendation of putting the money aside in the budget,which in essence would be pay as we go. Councilwoman Pritchett said she was satisfied with Councilman Williams' explanation that this bonus is subject to the availability of funds. There being no further discussion, the motion to adopt this item on first reading passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Councilman Williams: Yes Councilwoman Davis: Yes Mayor Gibson: Yes H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING A LOCAL HIRING PROCESS FOR CITY RESIDENTS; ESTABLISHING PROCEDURES; ESTABLISHING REPORTING ' REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) Councilman Gilbert explained this is the manifestation of an idea that was a request of our founders of this City. There is a provision in the City's Charter that says the Council can enact legislation that encourages and promotes the hiring of residents. Because the idea was we would not just be a city that was closest to the people, we would be a city that was run by the Regular City Council Minutes September 8, 2010 Page 9 people. The Charter provides that the City Manager has to live here. That is the only position that has that requirement. This ordinance gives a five point preference to any city resident who is applying for any job except the charter officers. The only reason the charter officers are not included is because by law they cannot be included. If you are applying to be an assistant city attorney and you live in the City you can get a five point preference. If you are applying to be a parks director, and live in the City you can get a five point preference. That also applies to police officers, deputy city manager, assistant city managers or department heads. He stated his belief that there is a value when decisions are made by people who actually live in the City. He said when the City is hiring it needs to hire its residents. This item also has a reporting requirement, which required that the City Manager provide a report to the Council of how many City residents applied for jobs; the idea that people who live here should be hired at every level. The time has come. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item on first reading. Councilwoman Pritchett asked that Ms. Kinglee come forward for questions. Taren Kinglee, HR Director appeared before the City Council to entertain any questions the Council might have. Councilwoman Pritchett asked Ms. Kinglee to explain the process from start to finish when a person first applies for employment with the City until the moment that individual is hired. Ms. Kinglee in response to Councilwoman Pritchett inquiry shared the applications are taken in at the HR Department. The applications are then screened by recruiters, which are trained HR staff members, for minimum qualifications. Before a position is announced the department heard creates a job description. That job description helps to determine a job posting that will be used. After the applications are screened for minimum qualifications, the applications are then given to the hiring department. The department then determines how many of the individuals meeting the minimum qualifications they would like the HR Department to schedule for an interview. The department director makes a selection of those individuals to be interviewed. HR schedules the interviews. A representative from the HR Department is a part of the interview panel and ensures that the panel selected meets all the guidelines of EEOC, etc. The interview process is again tied in with the job description. Once the interviews are completed, the HR representative collects the data, the applicants are then scored based on a structured interview process. Generally there are ten questions, which are developed from the job description. Each applicant's score is totaled. HR then do something called "banding", which separates the applicants based on their total score into categories (e.g. most highly qualified, highly qualified, qualified and not qualified at all). This list is then provided to the department director and at that point a selection, which is typically made from the most highly qualified group. Once that selection is provided to HR, the background process is initiated, as well as a drug screening. If everything checks out a start date is give to the applicant. Councilwoman Pritchett asked where in this process would HR envision applying the five Regular City Council Minutes September 8, 2010 Page 10 point preference. She further asked if the five points would make a significant difference. Ms. Kinglee in response to Councilwoman Pritchett's inquiry said the five point preference would come in during the banding process. Councilwoman Pritchett asked Councilman Gilbert if he would agree that the best place to apply the five point preference would be during the banding process. Councilman Gilbert said he did not know if this would be the best place for the preference points. He opined that everybody who applies for a job should meet the minimum qualifications. Ms. Kinglee said the department head will ultimately make the decision as to who is a better fit for their respective department. Councilman Williams said he is proposing a friendly amendment to the ordinance. He said there is a similar residential preference ordinance in the City of Lauderdale Lakes. He said his friendly amendment provides that the residential preference applies to general employees, and not a certain classification of employees such as elected officials, professional and managerial people. This language is identical as to that language in Lauderdale Lakes. He explained there are certain positions that are difficult to recruit for. Ms. Kinglee said is very difficult at time especially when certain skills are needed for a position, especially as it relates to professional and managerial positions. Councilman Williams asked if the number of general employees were known. Manager Crew said the bulk of the employees are general employees. The managerial employees' represent a much small percentage. Motion offered by Councilman Williams to provide a friendly amendment to the ordinance to exclude appointed officials, professional or senior staff from the five point preference. This motion was seconded by Councilwoman Pritchett. Councilwoman Pritchett asked for clarification because Councilman Williams is sponsoring a similar item (Item H-5). Councilman Williams explained that he in no way was trying to complete with the sponsor of this item. He shared that it was his understanding that Councilman Gilbert could not bring his item back. He said when he spoke with the City Attorney she had confirmed that. He said that is when he sponsored Item H-5. He said timing is everything and he later learned that Councilman Gilbert was bringing his item back. At that point he decided to ask for a friendly amendment to Councilman Gilbert's ordinance. Attorney Dickens clarified that Councilman Williams did ask if Councilman Gilbert bring his item back. She said her response was no, he could not bring the exact same item back. Regular City Council Minutes September 8, 2010 Page 11 Councilman Gilbert proposed an amendment to the item he had previously brought to Council. Councilwoman Pritchett asked if this friendly amendment is passed then Item H-5 would not be needed. Councilman Gilbert said let's clarify by saying this is not a friendly amendment. He said he is going to vote against this amendment and going to explain to the dais and audience why. The language says the people who this would not apply to are: managerial or professional staff, appointed officials, management and senior staff as designated by the City Manager. He said in the City of Miami Gardens a high percentage of the residents have Bachelor and Master degrees, more than any other city in south Florida. This amendment is an absolute insult to the professionals in this City. He said on the dais the Mayor has a Master Degree, he shared has a Ph.D., Councilwoman Robinson has a Master Degree in Math, Vice Mayor Campbell has a Bachelor, Councilwoman Pritchett has a Master. He said this amendment says it matters that you are a resident if you are applying to cut the grass, but it does not matter if you are applying to design a building. We have architects who live here. To the HR Department, if there is a planner who lives in Miami Gardens and they are applying for a position as a planner for the City of Miami Gardens, he knows the area. He said there is a value to having people making real decisions, not just exercising or doing what somebody tells them to do,there is a value in having that person. He encouraged his colleagues to vote against this amendment. Councilman Williams said he was prepared to withdraw the amendment. He said this is not an antagonistic process. He shared that he spoke with Taren Kinglee, which Councilman Gilbert did not do, because he wanted to get input on this ordinance. He shared that he was moving forward based on his conversation with Ms. Kinglee and the City of Lauderdale Lakes, which has similar language. He said he did not know if the City of Miami Gardens was smarter than the City of Lauderdale Lakes but this is the ordinance they have in place and it works for them. He said it is certainly not his intent to insult anyone. He said he will gladly withdraw the amendment because it is obviously offensive to members of the City Council. He said this is a deliberating process where things are talked through, ideas are shared. It is not necessary for all to agree. However, we do not have to be disrespectful or use strong language. Vice Mayor Campbell called for the question. Councilman Williams withdrew his amendment. Councilwoman Pritchett withdrew her second. There being no further discussion,the motion to adopt this item on first reading passed by a 7-0 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Councilman Williams: Yes Councilwoman Davis: Yes Vice Mayor Campbell: Yes Regular City Council Minutes September 8, 2010 Page 12 Mayor Gibson: Yes Councilman Williams with Item H-5 from the official agenda. H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE PEOPLE WITH DISABILITIES ADVISORY 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 COUNCILWOMAN SHARON PRITCHETT) Councilwoman Pritchett explained the establishment of this Committee to help with those things that are necessary to help improve the quality of life for residents with disabilities. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this item on first reading. There being no discussion on this item, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Councilman Williams: Yes Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Yes Mayor Gibson: Yes H 5) AN ORDINANCEOFTHE CITY COUNCIL OF THE QTV OF GARDENS,MIAMI FLORIDA, PREFERENCE; , PRONqDING FOR DEFINITIONS; DDOWDING FOR EXCEPTIONS; , PRON DING FOR A DOPREPRESENTATIONS; REPEALING ALL ORDINANCES 1N CONFLICT-; SEVERABILITV CLAUSE; PROVIDING FOR !NCLUSION 1NCODE; PRONqDING AN EFFECTIVE DATE. (SPONSORED RV COUNCILMAN'A NE112A WILLIAMS) RESOLUTION NO. 2010-142-1324 K-3) A RESOLUTION OF THE CITY OF MIAMI GARDENS, MIAMI- DADE COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH Regular City Council Minutes September 8, 2010 Page 13 STEPS AS SHALL BE NECESSARY AND APPROPRIATE TO INSTITUTE EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES, REGARDING THE CONDEMNATION OF THAT CERTAIN PROPERTY DESCRIBED AS THE EAST 3/5 OF THE SOUTH V2 OF THE SOUTHEAST 1/40F THE SOUTHWEST 1/40F THE SOUTHWEST 1/4 IN SECTION 2, TOWNSHIP 52 SOUTH, RANGE 41 EAST, LESS THE SOUTH 50 FEET, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, HAVING A CIVIL STREET ADDRESS OF 1401 NW. 183RD ST., MIAMI GARDENS, FLORIDA, ("SUBJECT PROPERTY") IT BEING DETERMINED, AFTER IN INQUIRY AND INVESTIGATION, THAT THE ACQUISITION OF FEE SIMPLE TITLE TO THE SUBJECT PROPERTY SHALL SERVE THE PUBLIC PURPOSE OF FACILITATING THE IMPROVEMENT OF ROLLING OAKS PARK AND THE RECREATIONAL OPPORTUNITIES OF THE CITY'S RESIDENTS AND GUESTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR DETERMINATIONS OF PUBLIC PURPOSE AND NECESSITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained earlier this year the Council adopted a resolution regarding Eminent Domain Proceedings on this property. Since that time staff determined the resolution needed to be more specific as to what the City's future purposes were on that property. The Council is not only charged with the welfare of its current residents but also with future residents, and the future distribution of services including parks and recreation services. There is a strong need in the City for Parks and Recreation services including the removal of inappropriate activities from neighborhood parks. Several years ago staff identified two properties near the Florida Turnpike and NW 183`d Street. The City was able to purchase the first parcel and negotiated the second parcel but has not been able to reach an agreement with the owner. We now have a recreation center on the west side of NW 27,' Avenue but there is no recreation center on the east side. This parcel would provide the City with the opportunity to ensure a recreation center based on the 11,000 square foot building currently underused on the property. There is also a limited amount of land in Miami Gardens. According to the City's Comprehensive Development Master Plan the City is charged with looking at existing parks to seek opportunities to enlarge those parks (Betty T. Ferguson and Rolling Oaks). There is also a concern, which was brought up by the residents five to six years ago, and that is the current entrance to Rolling Oaks Park, which is a residential street, NW 17`h Avenue. There were a number of meetings with the residents in that neighborhood and it was unanimously agreed the City needs to move that entrance into the park. A two lane street is not appropriate to handle the kind of traffic that is needed for a community park. It forces people to drive through the neighborhood to get to the park, which is not fair to the residents. The property being looked at is situated immediately across from NW 14th Avenue. It has a signalized intersection, which would make it appropriate to entrance to Rolling Oaks Park. In addition to the building the City Regular City Council Minutes September 8, 2010 Page 14 would want to use as a recreation center, the city would need that. In addition Council has approved as part of its park master plan adding two football fields to Rolling Oaks Park in the south east corner. Those football fields will attract several hundred vehicles, at least each day. To do that, the City would need expanded parking. In this case what is needed for parking, the entrance, and community center the only appropriate title the city would be seeking is Fee Simple,which means to own the property outright. This is an appropriate government use. Jim Brady, Esquire with the law firm of Emstein, Lehr, 200 East Las Olas Boulevard, Suite 1700, Ft. Lauderdale, Florida, appeared before the City Council to expound on this item. He said he would like for the Council to consider whether or not expanding Rolling Oaks Park and providing a better facility for the community is a public purpose. The next thing is whether or not in order to provide that opportunity it is necessary to take this property as a necessity by the facts that the City Manager provided. Furthermore, the next matter for consideration is whether or not the City needed to take all of the acreage, which comprises this particular parcel or could the Council live with 35 feet, which is being used only as an example. The final thing to consider is the quality of the estate being looked at. It has been recommended that the City take Fee Simple Title as opposed to a right to cross over the property. Attorney Dickens said is it a simple matter for the Council to adopt the findings made by the City Manager as well as those findings in the resolution or suggesting that they actually have commentary. Attorney Brady opined commentary is necessary to show that the legislative body understands the points made by the City Manager. Motion offered by Councilman Gilbert, seconded by Vice Mayor Gilbert to adopt this item. Attorney Dickens said the City Manager has explained why he needs this piece of property. Also the resolution is very detailed. The first order is necessity, which is why the City Council needs this property. The City Manager has indicated there is a level of service that is lacking on this side of the City,and that those residents are underserved. Attorney Brady for clarification purposes said the Council might want to ask itself if it has found from the presentation made by the City Manager, and what is known of the City ' including the graphics that the parks are important to the residents including the enlargement of one park on the east side of the City. The next thing the Council might consider is whether it found from the evidence presented by the City Manager. Mayor Gibson said taking the items in order might be easier. Councilman Gilbert opined explaining the park as a public purpose is a no brainer. He said adequate space is needed to provide programming for the youth and seniors. We clearly need space on the east side of the City. We know that Scott Park, which is in this area is really over burdened, and the residents in that area have been over burdened for a very long time. We have an expansive piece of property back there and we need a way to get to it. Not only does the Regular City Council Minutes September 8, 2010 Page 15 City need the property for spacing, but to address the entrance to the actual park is necessary. Mayor Gibson asked whether there were any comments on taking this parcel for a public purpose. Attorney Dickens opined Councilman Gilbert's comments addressed this point as well. Councilwoman Pritchett commented in the resolution it does state that the City has tried for a period of five years to negotiate with the property owners to purchase the property, to no avail. She said the City really makes a good faith effort with any potential land owner when the City is interested in purchasing their property. She said every effort was made by the City to try to purchase the land at a fair market price before coming to this action. Manager Crew explained in 2006 the owner sent the City a letter stating he was willing to sell. That was for a grant application, which the City did not get. He along with the Deputy has been talking with this individual now for five years. Vice Mayor Campbell said expanding the park will only increase the traffic in a residential area. It only makes sense to have the entrance way on the commercial side as opposed to the residential side. Mayor Gibson said the next point is whether the City need all of the property and it has been pretty much stated that the entire parcel is needed to enhance the ingress and egress, as well as the availability of parking. Mayor Gibson said the next item for consideration is the acquiring of the property for Fee Simple Title. Councilman Gilbert said the Fee Simple Title is needed for the operation of the park. With the ingress and egress, we just cross over it to get into the park. However the City needs the Fee Simple Title to make the park whole. Councilwoman Pritchett asked if the bond money referenced in the documentation already in place. Manager Crew in response to Councilwoman Pritchett's question said that funding is already in place to do the entire park. There being no further discussion, the motion to adopt this item passed and carried by a 7-0 vote. Councilwoman Robinson: Yes Councilman Williams: Yes Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Yes Regular City Council Minutes September 8, 2010 Page 16 Councilwoman Pritchett: Yes Mayor Gibson: Yes Attorney Brady indicated that it would probably take several weeks even to the end of October to get a hearing date on this item Councilman Gilbert expressed concern with the time frame for getting this matter resolved. (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2010-22-230 I-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) (1St Reading—July 28,2010) Manager Crew explained this is a Miami-Dade County requirement. The City is currently under that ordinance, which requires that the City use their service. Miami-Dade County's Ordinance does however allow the City to set up its own system, which saves the City money. 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 Williams, seconded by Councilwoman Davis to adopt this ordinance. There being no discussion,the motion to adopt passed and carried by a 7-0 vote. Councilman Williams: Yes Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Mayor Gibson: Yes ORDINANCE NO. 2010-23-231 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Regular City Council Minutes September 8, 2010 Page 17 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 COUNCILMAN ANDRE WILLIAMS) (13t Reading—July 28, 2010) Mayor Gibson opened the floor for the public hearing on this item. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Councilman Williams, seconded by Councilwoman Davis to adopt this item. Councilman Williams credited former Councilwoman Watson for sponsoring this item. He said this ordinance requires the registration of abandoned and vacant properties throughout the city. Attorney Dickens explained former Councilwoman Watson was under the impression that the police department might not have been aware of all of the abandoned and vacant properties within the City. She felt it would be beneficial for the police department to know which properties were actually vacant and/or abandoned. In the event someone saw activities occurring on the property that were criminal in nature, those individuals could then call the police department. This ordinance requires owners to register their vacant and abandoned properties. There is a penalty if the property is not registered and is found to be vacant or abandoned. There being no further discussion the motion to adopt passed by a 7-0 vote. Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Councilman Williams: Yes Mayor Gibson: Yes I-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 Regular City Council Minutes September 8, 2010 Page 18 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. (1st Reading—July 28,2010) Mayor Gibson opened the floor for the public hearing on this item. After there were no interested parties to speak on this item,the public hearing closed. Motion offered by Vice Mayor Campbell, seconded by Councilwoman Pritchett to adopt this item. Councilman Williams suggested having former Councilman Bratton speak at the next City Council meeting as to the intent of this ordinance since he was the original sponsor. Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to defer this item to the September 22nd City Council meeting to provide former Councilman Bratton an opportunity to expound on this item. The motion to defer passed and carried by a 6-1 vote. Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Councilman Williams: Yes Mayor Gibson: No (J) CONSENT AGENDA RESOLUTION NO. 2010-143-1325 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND TWENTY-EIGHT THOUSAND, EIGHT HUNDRED SEVENTY-FIVE DOLLARS ($28,875.00) IN LAW ENFORCEMENT TRUST FUND MONEY FOR THE PURCHASE OF ADDITIONAL LICENSES FOR THE POLICE DEPARTMENT TELESTAFF STAFFING/PAYROLL, INTEGRATION PROGRAM AND THE PURCHASE OF SUPPLIES TO UPDATE THE POLICE DEPARTMENT'S INVENTORY OF AUTOMATIC EXTERNAL DEFIBRILLATOR UNITS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-144-1326 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND Regular City Council Minutes September 8, 2010 Page 19 ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUTICE FOR THE ACCEPTANCE GRANT IN THE AMOUNT OF ONE HUNDRED EIGHTY-TWO THOUSAND, FIVE HUNDRED SIXTY SEVEN DOLLARS ($182,567.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-145-1327 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SHAW ENVIRONMENTAL & INFRASTRUCTURE, INC., IN THE AMOUNT O NINETY-FIVE THOUSAND EIGHT HUNDRED AND NINETY-NINE ($95,899.00) FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG); AUTHORIZING THE CITY MANAGER TO NEGOTIAGE AND EXECUTE A CONTRACT FOR THIS PURPOSE; PROVIDING FOR 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. (K) RESOLUTIONS RESOLUTION NO. 2010-146-1328 J-3) A RESOLUTION OF THE CITU COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO METRO EXPRESS AS PRIMARY CONTRACTOR, AND CEB CONSTRUCTION AS SECONDARY CONTRACTOR WITH AN OPTION TO RENEW FOR TWO YEARS, FOR THE REPLACEMENT AND INSTALLATION OF SIDEWALKS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AAN AS-NEEDED BASIS NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson said she had pulled this item because she noticed that this item is being brought to the Council based on the fact that the City will probably get funds from Miami-Dade County to do the sidewalks. Regular City Council Minutes September 8, 2010 Page 20 Manager Crew said there were two reasons to bring this item forward. One was to have a bid already in place in case the City gets the funding and two, the City is the lead agency with about 15 to 20 other cities. Pam Thompson, Procurement Manager appeared before the City Council to expound on this item. She said the City has been the lead agency for the past two times these funds have been awarded. Mayor Gibson made mention of the local preference provision in the purchasing ordinance and the amendment she sponsored in July increasing that preference from five to ten percent. She said the purpose of that amendment was to get the bigger contractors coming in to the City to do work to form partnership with local vendors. She said if the City continues to be the lead agency in this situation the local preference provision will never be utilized. Manager Crew explained the City's local vendor was almost $200,000 higher than the low bidder. Ms. Thompson explained this item did go out for bid. The City asked the other entities in the Co-Op if they wanted to participate. Mayor Gibson asked what it is that the City really does to help the City's small vendors. Ms. Thompson said the local preference is in all of the City's solicitations. Staff contacts all of the local vendors in the City's data base as to what is occurring within the City. Mayor Gibson expressed concern with getting local businesses to participate in some of the City's bids. Motion offered by Mayor Gibson, seconded by Councilman Gilbert to adopt this item. Councilman Gilbert there are times when the City is not lead the agency. In those instances the local preference would not apply. Ms. Thompson explained the difference between piggybacking and a co-op bid. With the co-op bid the City provides its vendors to the lead agency. The lead agency sends out bid notices to the City's vendors also. Councilman Gilbert reiterated that Mayor Gibson's concern is when the city piggybacks or bids through the Co-op those local preferences are not considered. Ms. Thompson in response to Councilman Gilbert's comments stated that is correct. Councilman Gilbert stressed the importance of turning the dollar around in this City. Councilwoman Pritchett said she was trying to understand if the City Council passed an Regular City Council Minutes September 8, 2010 Page 21 ordinance, with specific guidelines it is the City Manager's responsibility to follow through to ensure it is being followed. She opined it is important to be inclusionary to help the dollars turn over in this City as least seven times. She said it seems no diligent effort has been made to facilitate this process. She shared that it is the members of this dais that have to go out into the community to answer the difficult questions. Manager Crew said the City of Miami Gardens' vendor bid was forty percent higher than the low bidder. He shared that staff tries to get local vendors to bid. He said if they do not bid, the City cannot make them. Vice Mayor Campbell called for a point of order because the discussion is centering around policy and procedures and not the item at hand. Attorney Dickens explained the Co-op issue Councilman Gilbert was commenting on is a discussion to be entertained for another day. At the conclusion of this discussion the motion to adopt this item passed and adopted by a 5-2 vote. Councilwoman Pritchett: No Councilwoman Robinson: Yes Councilman Williams: Yes Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Yes Mayor Gibson: No RESOLUTION NO. 2010-147-1329 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO J.B. BUILDERS & CONTRACTORS, INC. D/B/A BALLERENA CONSTRUCTION FOR THE BETTY T. FERFUSON RECREATIONAL COMPLEX AMPHITEATRE IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVENTY —SEVEN. THOUSAND FOUR HUNDRED FORTY-TWO DOLLARS ($777,242.00), WHICH INCLUDES A 10% CONTINGENCY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Williams referenced Item H-2 and asked whether that could be applied in this instance. Manager Crew said the City cannot require that but staff can ask them to consider. Regular City Council Minutes September 8, 2010 Page 22 Motion offered by Councilman Williams, seconded by Councilwoman Davis to adopt this item. Councilwoman Pritchett asked if the local vendors could be included in this item as well. Manager Crew in response to Councilwoman Pritchett said this can be done. There being no further discussion,this item passed and carried by a 7-0 voice vote. K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REQUESTING THAT THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, ESTABLISH A SPECIAL TAXING DISTRICT ENCOMPASSING THE ENTIRE CITY OF MIAMI GARDENS FOR THE PURPOSE OF ALLOWING THE CITY TO COLLECT THE AMOUNT INCURRED BY THE CITY FOR CLEAN UP OF VACANT AND ABANDONED PROPERTIES ON PROPERTY TAX BILLS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING INSTRUCTIONS TO THE CITY MANAGER AND THE CITY ATTORNEY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) Councilman Williams explained this is being done by another municipality in Miami- Dade County and it simply allows the City recoup funds for the board up and clean up some of the abandoned properties. The City has spent approximately $140,000 cleaning up the various properties within the City. The money will be paid at the time the property owner pays their tax bill. If the property is foreclosed, the money will be collected at the time of foreclosure. If a Tax Certificate is issued, the money will be collected at the time the Tax Certificate is issued. Motion offered by Councilman Williams, seconded by Councilwoman Davis to adopt this item. Councilwoman Pritchett expressed concern with the term "Special Taxing District" and asked if there was any other way to recoup the money. Attorney Dickens clarified not every property owner will have to pay a tax. This only applies to those properties the City has had to clean up. Councilwoman Pritchett suggested amending the resolution to include that language. Attorney Dickens recommended amending the resolution by adding a new Whereas clause to say "The special taxing district will not require payment of any taxes by any resident Regular City Council Minutes September 8, 2010 Page 23 whose property the city has not been required to maintain." Councilman Williams was amenable to this amendment. Attorney Dickens explained, if adopted the City will send a letter with a certified copy of the resolution to the Mayor of Miami-Dade County. Councilman Williams asked that County Commissioner Barbara Jordan receive a copy of this documentation. Attorney Dickens said those instructions will be given to the City Attorney. Councilman Gilbert asked whether the majority of the homes the City has cleaned up are those that have been foreclosed or abandoned. Manager Crew replied yes. Councilman Gilbert commented that the banks more than anybody else will be affected by this resolution. Vice Mayor Campbell asked how does the County's ordinance reads with regard to Special Taxing Districts. He opined a Special Taxing District means everyone within that district will pay a tax. He said he was not sure Miami-Dade County's ordinance would allow the City to do what it is trying to accomplish. Attorney Dickens said that it should because by law no one can be taxed unless they are getting a special benefit from it. She said she has already had conversation with Miami-Dade County on this matter and from that discussion Miami-Dade County is not going to look favorable. She said the Mayor of Miami-Dade County is not aware that Miami Gardens is interested in creating this Special Taxing District, only the staff people. Manager Crew said this is similar to a Special Assessment District. Vice Mayor Campbell asked if this item could be tabled until the City receives a clear definition from Miami-Dade County. He said the goal is to not tax everybody. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to defer this item to the next City Council meeting. There being no further discussion, the motion to defer passed and carried by a 7-0 voice vote. RESOLUTION NO. 2010-152-1334 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE CITY MANAGER TO ADOPT A HIRING POLICY TO REMOVE UNFAIR Regular City Council Minutes September 8, 2010 Page 24 BARRIERS TO EMPLOYMENT FOR PEOPLE WITH CRIMINAL HISTORIES, WHO APPLY FOR GENERAL EMPLOYMENT WITH THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) Councilman Williams stated for the record, the City is not opening the flood gates for hiring criminals for the City of Miami Gardens. However, there are several major municipalities that have established policies that remove unfair barriers for hiring people with criminal records. Attorney Dickens clarified this is asking the City Manager to create a policy, which he does not have to do as per the City's Charter. The preference item is different in that the Charter stated that the"City" and not the "City Manager" shall encourage the hiring of residents. Mayor Gibson said when Ms. Kinglee spoke at the five point preference and the hiring process, she really was speaking about this matter because the background is not done until the applicant has been selected for employment. She further shared that she brought this very issue before the Council in 2005. She said as that time it was discussed that the City needed to fair in acknowledging individuals with criminal pasts to be able to work within this City. The City Manager instructed HR to put this in place. As a result the City has numerous individuals who work for the City with criminal pasts. She opined there was no need to do this because the culture has already been established by the City Manager and the HR Department. Vice Mayor Campbell asked if there was something in this resolution that included the process the City current has; if not, it should. He said he should not have to bring race into this issue,but the fact of the matter is in his view race is a factor especially as it relates to people who have been convicted of crimes. He said back in the 1930's and 1940's laws were passed that prohibited black folks from getting certain jobs and voting. He made reference to a book "The "New Jim Crow" he was reading about a new text in town, which puts all black people in jail. He said the unemployment rate nation-wide among black males is astronomical and are people who cannot get a job because of a criminal record. He stated that he was in favor of this item and would like to see it go beyond just city jobs. Councilman Gilbert opined that from what he can determine the City has already implemented exactly what this resolution is asking. Taren Kinglee, HR Director appeared before the City Council to answer any questions the Council might have. More particularly, she concurred with Councilman Gilbert's and Mayor Gibson's comments. She shared the City has been doing this since 2005. She said the city has employees who have had some issues in their background. Those employees are very hard working and diligent employees. Councilman Gilbert said based on the evidence of the City's hiring, there is no discrimination because the question is asked about whether an applicant has a criminal past, and that individual still gets hired. He concurred with comments made by Vice Mayor Campbell. He said he was not sure if adopting ordinances and resolutions was the solution because there are Regular City Council Minutes September 8, 2010 Page 2S consequences. Councilman Williams conveyed his appreciation for the comments from the Council on this issue. He identified the numerous municipalities throughout the United States that adopted such a policy. He said it is good the City of Miami Gardens currently follows this policy however the current HR Director and City Manager will not be here for the rest of their lives. He said there may be a new administration who may not feel as the current administration does. He said Miami Gardens is a predominately African American city and this is an issue that impacts this City more significantly than other communities. He asked why not codify this and take leadership on it so that other cities that may be considering it take it seriously, as well. He opined it is the right thing to do and sends the right message to the residents as well. Councilman Gilbert acknowledged there are other well established and older municipalities that have put this policy in place because of their past history. The City of Miami Gardens has only been established for seven years therefore it does not have that past history. He said the City is already hiring residents with criminal pasts. Vice Mayor Campbell supported having this matter as part of the official city policy. He said if you look at the information put out by the National League of Cities, they are encouraging municipalities to adopt this philosophy. There being no further discussion on this item, the motion to adopt passed and carried by a 7-0 vote. (L) RESOLUTION(S)MUBLIC HEARING(S) RESOLUTION NO. 2010-148-1330 L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO HARVEST FIRE INTERNATIONAL OUTREACH MINISTRIES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 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. A representative from Harvest Fire International Outreach Ministries, Inc., appeared before the City Council to solicit support on this adoption of this item. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt Regular City Council Minutes September 8, 2010 Page 26 this item. There being no discussion,the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION NO. 2010-149-1331 L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) TO JPM CENTRE AT MIAMI GARDENS DRIVE INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. A representative of JPM Centre at Miami Gardens Drive, Inc., appeared before the City Council to solicit support on the passage of this item. There being no other 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. There being no discussion,the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION NO. 2010-150-1332 L-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN THE AMOUNT OF FORTY-NINE THOUSAND THREE HUNDRED TWENTY-ONE DOLLARS ($49,321.00)TO KRISTI HOUSE,INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. A representative from Kristi House, Inc., appeared before the City Council to solicit support on the passage of this item. There being no other interested parties to speak on this item,the public hearing closed. Regular City Council Minutes September 8, 2010 Page 27 Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to adopt this item. At the conclusion of this discussion,this motion passed and carried by a 7-0 voice vote. RESOLUTION NO. 2010-151-1333 L-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN THE AMOUNT OF ONE HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED FORTY-THREE DOLLARS AND FIFTY CENTS ($128,543.50) TO SUNSHINE FOR ALL, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Daniel Rosemond, Assistant City Manager/Community Development Director explained the issues involved with this item. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. Councilwoman Pritchett asked for clarification as to the number of meals being provided and what kind of meals are being served. Mr. Rosemond said there are sixty-nine meals being provided. Melveen Ware in response to Councilwoman Pritchett's question said the meals being provided are hot and is a complete meal (starch, fruit, vegetable, meat). One meal per day for five days is received. Councilwoman Davis asked about the waiting list, and the approximate number of individuals awaiting service. Mr. Rosemond said he was not sure of the number on the waiting list. A representative from Sunshine appeared before the City Council in response to Councilwoman Davis' inquiry and share the wait list has been closed. Mr. Rosemond shared that his office tries to identify if there are other Miami-Dade County funded organizations that can provide similar services. What has been found is that it is very rarely that this service will be found. Regular City Council Minutes September 8, 2010 Page 28 At the conclusion of this discussion, the motion to adopt this item passed and carried by a 7-0 voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK None (N) REPORTS OF MAYOR AND COUNCIL MEMBERS None. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made,the meeting adjourned at 11:56 p.m. Attest: Shirle i on, Mayor W.,V,, J"�� Ronetta Taylor, MNt, City Clerk Regular City Council Minutes September 8, 2010 Page 29