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10.27.2010 CITY COUNCIL MINUTES OCTOBER 27 2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES OCTOBER 27, 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, October 27, 2010, beginning at 7:05 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 Lisa C. Davis, Andre Williams, 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 Councilman Gilbert delivered the Invocation. (C) PLEDGE OF ALLEGIANCE Pledge of Allegiance recited in unison. (D) APPROVAL OF MINUTES D-1) Special City Council Meeting—September 22, 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. D-2) Regular City Council Meeting—September 22, 2010 Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert 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) Motion offered by Councilman Williams, seconded by Councilwoman Davis to pull Item J-2 from the Consent Agenda. This motion passed and carried by a 6-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to pull item J-4 from the Consent Agenda. This motion passed and carried by a 6-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to approve the Official Agenda with the necessary changes. This motion passed and carried by a 6-0 voice vote. Regular City Council Minutes October 27, 2010 Page 1 CITY COUNCIL MINUTES OCTOBER 27 2010 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mayor Gibson—Alzheimer's Association Miami-Dade Memory Walk Mayor Gibson and members of the City Council presented Mr. William "Bill" Sussman with a proclamation, commemorating the Alzheimer's Association Miami-Dade Memory Walk scheduled for Saturday, November 13, 2010, in Coral Gables. Mr. Sussman was afforded an opportunity for comments. F-2) Councilman Williams—Amendment 4 Representative Oscar Braynon II; Yolanda Cash-Jackson,Esquire Councilman Williams emphasized the importance of exercising our right to vote. There are going to be some important races, as well as Amendments to the Florida Constitution to vote on at the November 2nd General Election. Amendment 4 in particular is of importance to residents because this is an amendment that affects the Florida Comprehensive Land Use Plan. What is Amendment 4? Amendment 4 is a proposed amendment to the Florida Constitution that would require that before a local government may adopt a new comprehensive land use plan, or amend a comprehensive land use plan, that the proposed plan or amendment be subject to a vote of the electors of the local government by referendum. The financial impact cannot be estimated precisely. However, the official Financial Statement on the measure, indicates that if it is adopted, whenever there is an amendment to a comprehensive plan, the local government will incur the expenses related to the requirement for a referendum. The amount of such costs depends upon the frequency, timing and method of the referenda and will include the costs of ballot preparation, election administration, and associated expenses. The City Clerk advises that the estimated cost for a Special Election in Miami Gardens is between $130,000 -150,000. Even when the City piggybacks with Miami-Dade County, for such an election the cost is approximately $20,000. There could also be litigation costs. The cost for having these referenda elections will be paid by the taxpayers. Arguments in support of Amendment 4 are: 1) it adds another layer of protection against unwanted development; 2) it prevents elected officials from just rubberstamping speculative plan changes; 3) it protects against rising taxes, failing home values, gridlocked roads, and dwindling water supplies; 4) it confines growth. Arguments against Amendment 4 are: 1) it will lead to litigation and delays in city and county business; 2) it will create a permanent recession. It will lead to increased taxes and unemployment because in order to pay for the referenda elections, and to combat any litigation, local governments will have to raise taxes; 3) It will slow down the process of encouraging development in urban areas, which in turn will negatively affect local governments' ability to offset residential taxes by commercial development; 4) It will penalize good developers. In 2006, St. Pete Beach adopted a local version of Amendment 4. The Mayor of St. Pete Beach said the following about the City's measure: "Since the measure was passed, the residents of St. Pete Beach have endured endless lawsuits and seen little progress...In St. Pete Beach, any proposed change to our town's comprehensive plan is thrust into the ballot. Public planning has been replaced with political infighting and a parade of unintended consequences has ensued. I can only begin to imagine the kind of chaos Amendment 4 would cause if it were ever forced onto every community in Florida. After adopting a local version of Amendment 4 it wasn't long before we realized that 600-page comprehensive plans couldn't easily be condensed into 75 word ballot questions. The elections Regular City Council Minutes October 27, 2010 Page 2 CITY COUNCIL MINUTES OCTOBER 27 2010 are confusing, chaotic and expensive." The Florida League of Cities is opposed to Amendment 4. However, it would support legislation that required applicants for comprehensive plan amendments or development orders to meet minimum requirements established for citizens input and participation as a requisite to filing an application for a comprehensive plan amendment or development order. The Miami Herald reports that the Miami-Dade League of Cities, the Broward League of Cities, the Florida Association of Realtors, and American Planning Association, Florida Chapter, the American Institute of Architects, the Florida Chamber of Commerce, the Florida Farm Bureau, the Florida AFL-CIO,the Beacon Council and the Miami Chamber of Commerce all oppose Amendment 4. State Representative Oscar Braynon II, appeared before the City Council to expound on the inception of Amendment 4, which was created by a petition. There is a group of environmentalist that believes that growth had grown out of control and this would be a way to stop it. A similar proposal has been tried before, more particularly in St. Pete Beach, Florida. He stated as a citizen he is of the opinion the passage of this amendment would put a financial burden on the City. Yolanda Cash-Jackson, the City's lobbyist in Tallahassee, Florida, appeared before the City Council and shared that in order to have a constitution amendment passed sixty percent (60%) of the voters has to vote for it. From the polls being conducted it does not appear that this particular amendment will pass. Furthermore, there is an organized effort against the passage of this amendment. F-3) Dr. Danny Crew, City Manager—Employee Recognition Manager Crew bestowed upon the following employees their five year service pin: Gillespie E. Brown, Recreation Aide; Jamila A. Gray, Recreation Supervisor; Tangela R. Lynch, Recreation Supervisor; Joshua C. Rhodes, Recreation Supervisor; Kevin L. Yearby, Recreation Supervisor, Yolanda Rolle, Permitting and License Clerk, Michelle M. Ash, Recreation Supervisor; Rodney L. Best, Recreation District Supervisor; Deborah A. Dorsett, Recreation Supervisor; Lakeela L. Guyton, Recreation Aide II; Brandy M. Jackson, Recreation Supervisor; Kara T. Petty, Parks and Recreation Director; Rashod A. Smith, Sports Development Coordinator; Gail White St. Fleur Randle, Recreation Aide; George H. Mitchell, Recreation Aide II, Tammy L. Williams-Lee Recreation Aide; Derick Murdock, Janitorial Crew Worker; Alice Waters,Accountant III, and Mark D. Goff, Public Service Worker I. Youth Violence Prevention Coordinator appeared before the City Council to explain the campaign "I Love Haters", which means that even though young people are trying to fit in sometimes when people give them negative feedback, they can still love the people that are saying negative things about them. This initiative is trying to spread peace. As part of this campaign a public service announcement will be aired. (G) PUBLIC COMMENTS None Regular City Council Minutes October 27, 2010 Page 3 CITY COUNCIL MINUTES OCTOBER 27 2010 (I� ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,ADOPTING AN AMENDMENT TO THE CITY OF MIAMI GARDENS' COMPREHENSIVE DEVELOPMENT MASTER PLAN TO PROVIDE FOR THE NECESSARY ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT, CAPITAL IMPROVEMENTS SCHEDULE AND PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained this item provides for the necessary update to the capital improvement element, capital improvement schedule and public school facilities element. Motion offered by Councilman Gilbert, seconded by Councilman Williams to adopt this item on first reading. There being no discussion, this item passed on first reading by a 6-0 vote. Councilwoman Davis: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2010-31-239 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE H, SECTION 2-56 OF THE MIAMI GARDENS CODE ENTITLED "ORDER OF BUSINESS"; TO INCLUDE RESOLUTIONS FOR PUBLIC HEARINGS; 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. (Vt Reading— October 13, 2010) (SPONSORED BY THE CITY CLERK Clerk Taylor explained this item will amend the official agenda format to include a section for resolutions public hearing after ordinance on for second reading and public hearing. Regular City Council Minutes October 27, 2010 Page 4 CITY COUNCIL MINUTES OCTOBER 27 2010 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 ordinance. There being no discussion on this item, the motion to adopt passed and carried by a 6-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Councilwoman Davis: Yes Mayor Gibson: Yes ORDINANCE NO. 2010-32-240 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE II, SECTION 2-60 ("PUBLIC PARTICIPATION") OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES TO ADD A SERGEANT AT ARMS PROVISION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (V Reading — October 13, 2010) (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) Vice Mayor Campbell shared that he noticed that the Sergeant At-Arms provision was inadvertently left out of the Code of Ordinance, during the codification process. He said this is simply putting that provision back in the Code. Motion offered by Councilman Gilbert, seconded by Mayor Gibson to adopt this item. Mayor Gibson opened the floor for the public hearing. After there were no interested parties to speak on this item,the public hearing closed. Councilman Williams stated for the record that the City's Charter includes the Citizens Bill of Rights, which has a section about a citizen's right to be heard. He conveyed understanding of why a Sergeant —At-Arms provision is important to maintain order at a meeting. He said he wanted the residents to know that they have the right to be heard at a meeting. There being no further discussion, the motion to adopt this ordinance passed and carried Regular City Council Minutes October 27, 2010 Page S CITY COUNCIL MINUTES OCTOBER 27 2010 by a 6-0 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Vice Mayor Campbell: Yes Councilwoman Davis: Yes Mayor Gibson: Yes (J) CONSENT AGENDA RESOLUTION NO. 2010-169-1351 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 INTER-LOCAL AGREEMENT WITH MIAMI-DADE COUNTY, AUTHORIZING MIAMI-DADE COUNTY TO ISSUE FILM PERMITS FOR USE OF CITY FACILITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-170-1352 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO DESIGNATE THE BETTY T. FERGUSON RECREATIONAL COMPLEX AS AN APPROVED FACILITY FOR INSURANCE COMPANIES THAT PROVIDE FREE GYM MEMBERSHIPS TO THEIR INSUREDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) RESOLUTION NO. 2010-171-1353 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN ADDENDUM TO THE AGREEMENT WITH LOBBYING SERVICES WITH ACADE AD FAYE ATTACHED HERETO AS EXHIBIT "A" PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-172-1354 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Regular City Council Minutes October 27, 2010 Page 6 CITY COUNCIL MINUTES OCTOBER 27 2010 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN ADDENDUM TO THE AGREEMENT WITH LOBBYING SERVICES WITH PALOSKOFF ATTACHED HERETO AS EXHIBIT "A" PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-174-1355 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR AARON CAMPBELL JR'S APPOINTMENT DENISE DETEUCH PREHAY TO THE PEOPLE WITH DISABILITIES COMMITTEE FOR A TWO YEAR TERM; PROVIDING FOR ADOPTING OF REPRESENTATION; PROVIDING AN EFFECTIVE DATE (SPONSORED BY VICE MAYOR CAMPBELL JR) RESOLUTION NO. 2010-175-1356 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILWOMAN SHARON PRITCHETT'S APPOINTMENT SHEMELE JENKINS TO THE PEOPLE WITH DISABILITIES COMMITTEE FOR A THREE YEAR TERM; PROVIDING FOR ADOPTING OF REPRESENTATION; PROVIDING AN EFFECTIVE DATE (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) Motion offered by Vice Mayor Campbell, seconded by Councilman Williams to adopt the Consent Agenda. This motion passed and carried by a 6-0 voice vote. (K) RESOLUTIONS RESOLUTION NO. 2010-176-1357 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MUSCO SPORTS LIGHTING IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE THOUSAND, NINE HUNDRED NINETY-THREE DOLLARS ($125,993.00), IN ACCORDANCE WITH CLAY COUNTY, FLORIDA BID #08/09-3, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", FOR SPORTS LIGHTING FIXTURES AT BRENTWOOD PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes October 27, 2010 Page 7 CITY COUNCIL MINUTES OCTOBER 27 2010 Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to adopt this item. Councilman Williams asked the City Manager to explain the process for relying upon the Clay County, Florida Bid. Manager Crew explained there are two ways to bid in Florida: One way is to bid the item out; and the other way is to rely on a bid already established by another entity, that meets the requirements of state law. The City has used this vendor before. The City is in the process of standardizing its lighting. The installation portion of this project will be going out for bid. Councilwoman Pritchett asked whether Musco could have done the installation portion of this project as well, or would it have been too expensive. Manager Crew said Musco's bid for the installation was a bit high. He said if Musco was given that particular job then no vendor from the City of Miami Gardens would have had an opportunity to bid. Councilwoman Pritchett shared there are many times when a low bidder is selected and once the project gets underway change orders are initiated. Therefore, that low bid might cost more than originally estimated. Manager Crew explained change orders are caused by a couple of things: Fire department inspectors unexpected changes, which cost more money; design flaws; hidden utility lines. Councilwoman Pritchett asked whether there was a possibility that the installation and supplies will cost more than the initial lighting. Manager Crew in response to Councilwoman Pritchett question said he doubted that. Councilwoman Pritchett said it would be helpful if a projected cost estimate was provided, as part of the backup documentation. There being no further discussion on this item, the motion to adopt passed and carried by a 6-0 voice vote. RESOLUTION NO. 2010-176-1358 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE ACCEPTANCE OF THE PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT IN THE AMOUNT OF NINETY EIGHT THOUSAND, THREE HUNDRED SIXTEEN Regular City Council Minutes October 27, 2010 Page 8 CITY COUNCIL MINUTES OCTOBER 2712010 DOLLARS ($98,316.00) FOR THE PURCHASE OF AN AUTOMATIC FINGERPRINT IDENTIFICATION STATION, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Pritchett asked what is the life of this automatic fingerprint identification system. Deputy Chief Miller appeared before the City Council in response to Councilwoman Pritchett's inquiry. He said he did not know the actual life span of the system. He shared from his discussion with various individuals this is not an item that is replaced very often. Councilwoman Pritchett asked about the service maintenance. Deputy Chief Miller said the first year service and maintenance is included in the purchase. After that first year, the City will have to budget for the service. The cost is approximately two thousand dollars. Councilwoman Pritchett asked what would be the actual number of employees that will be trained on this system. Deputy Chief Miller in response to Councilwoman Pritchett's question said currently there are two Miami Gardens Police Department employees trained. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this item. This motion passed and carried by a 6-0 voice vote. RESOLUTION NO. 2010-177-1359 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CITY OF MIAMI GARDENS, FLORIDA TAX ANTICIPATION NOTE, SERIES 2010, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000; PROVIDING FOR THE PAYMENT OF THE NOTE; ESTABLISHING AN INTEREST RATE, MATURITY DATE AND CERTAIN OTHER PROVISIONS CONCERNING THE NOTE; AWARDING THE NOTE TO WELLS FARGO BANK, NATIONAL ASSOCIATION AT A NEGOTIATED SALE; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained Tax Anticipation Notes are similar to overdraft situations but only applies to a specific time of the year. The City received approximately 5 Million Dollars in tax revenue in October. However the bulk of the City's money comes in during the months of December and January. The City will receive approximately 19 Million Dollars in December Regular City Council Minutes October 27, 2010 Page 9 CITY COUNCIL MINUTES OCTOBER 27 2010 from property taxes. Even though by the end of the fiscal year you are generally running low in cash there is enough to carry you to December because of the reserve. Those reserves act sort of like a cash cushion. Fortunately and unfortunately the City has been a recipient of almost 30 Million Dollars in grants. The bad thing about a grant is you have to spend the money up front, and ask for reimbursement after the project has been completed. The City has concluded and sent in bills the various governments of over six million dollars in reimbursement requests. The City has over three point one million just with Miami-Dade County. The City has other reimbursement request in to the Federal government that the City has been waiting on for two years. What has happened is because the City does not have a large cash reserve. During the next two months it is anticipated the City will run into a five million dollar negative cash flow. Manager Crew shared what most cities do in this particular case is issue an Tax Anticipation Note. The bank will cover this amount until the tax revenues come in. The money is automatically paid back. Councilman Gilbert clarified that basically the City will receive its tax revenue in December and this is something that governments do, just to have in place until the money comes in. Manager Crew in response to Councilman Gilbert's comment said that is correct. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. Councilwoman Pritchett said Manager Crew provided definitions in the documentation however no definition was provided for the Tax Anticipation Note. Manager Crew said the Tax Anticipation Note is a loan. Councilwoman Pritchett asked about the interest rate for paying this loan back. Manager Crew said the interest rate as it stands right now is 1.79%. He reiterated this has nothing to do with the City's budget. This is a cash flow issue. Patricia Varney, Finance Director appeared before the City Council and shared that the interest rate .265; 1.5%has to be added to that. The City is only taxed on the money it uses. Councilman Williams asked Ms. Varney for her explanation as to why the City needs to do this. Ms. Varney said the reason is just as the City Manager has stated. The City is waiting on reimbursements for the money it has spent out. If the City had received the reimbursements, it would not have this issue. The problem is there is money owed to the City that has not been received. Staff has been working diligently trying to collect the moneys owed. The property tax revenue will secure this Note. This Note will expire the end of January 2011. Regular City Council Minutes October 27, 2010 Page 10 CITY COUNCIL MINUTES OCTOBER 27 2010 Councilman Williams asked what will this money be used for. Ms. Varney said the money will be used to cover payroll. Councilwoman Davis asked whether staff has checked on the status of the grants. Ms. Varney in response to Councilwoman Davis' inquiry said the City anticipates reimbursement on some of the grants in the very near future. The City is still waiting for reimbursement on the CDBG grants. The COPS Grant funding should be coming in soon. Councilwoman Pritchett clarified that Ms. Varney is saying right now the City is in a negative cash flow for the general operation of the City in order to meet payroll. This Note is going to help the City meet payroll. Ms. Varney said as of today, the City still has three million dollars, however the Note will assist with meeting payroll. Councilman Williams said he did not understand the timing of this. The Council approved a budget in October. He said he did not remember reading anything about this in the budget ordinance. Manager Crew said this is something that has happened every year. In October and November the City has never had enough cash for operations. Normally we have not had to do that because there has been money in the reserve to handle this. Councilman Williams said he is troubled. He said we had a budget process and now he hears we cannot make payroll. He questioned the timing of this and is uncomfortable supporting this item. He opined this should have been addressed during the budget process. Vice Mayor Campbell said when the budget is approved in September it is done on what the City anticipates getting. However, it is not known when those revenues will be received. He said the employees still have to be paid. In order to do that moneys might have to be borrowed or taken from the reserve until those anticipated revenues are received. He opined this is not a budget shortfall. It is a cash flow problem,which is two different things. Councilman Gilbert stated the City has an annual budget, not a monthly budget. He further shared that he remembered seeing the tax anticipation note in the budget document. It is fairly common for cities to be placed in this position because not all tax dollars come in at once. Those taxes come in at different times and as they get paid the funds come into the City. Councilwoman Pritchett asked if we know that there is going to be a cash flow problem for the months of October and November, is there anything we can do for 2011 to plan better. Manager Crew reiterated this has nothing to do with the budget. Normally the City Regular City Council Minutes October 27, 2010 Page 11 CITY COUNCIL MINUTES OCTOBER 27 2010 would not have to do this if the grants had been reimbursed quickly, like in the past. The City is owed six million dollars that has not been paid. There is always going to be this lag because the city's fiscal year is October to September whereas the tax year is January to December. Therefore the property tax money will come in after the City has been operating for two months. Mayor Gibson said she understands Councilwoman Pritchett's concern about planning better for next year. However, the Finance Director saw this problem five months out therefore staff was able to make this Tax Anticipation Note a part of the budget process in anticipation of the cash flow shortfall. However, another way to plan is to cut services in October, November and December. The City can also furlough people from working for the months of October, November and December so that the City can have those funds. Ad Valorem taxes are collected November of each year. However, the cities do not receive those funds from the tax collector or at least three months out. The city received a lot of grant funds however the governments require that the city front the money and then apply for reimbursement. She emphasized that revenues do not come in like a regular paycheck. Councilman Williams conveyed understanding on how the city seeks reimbursement however he is not going to vote in favor of this item. He said he talked about the timing and perception of this. It does not feel right. Councilman Gilbert commented on the grants the City has received and shared that the seniors appeared before the City Council and asked the Council to approve the free food program. He shared the City had to upfront that money for the free food program, which is a part of the Community Development Block Grant Dollars. The City had to upfront the COPS Grant as well. The programs the city had to upfront the money for, the City is actually paying for have a direct instant impact on the community. He said this is maybe something to consider when authorizing the City Manager to pursue the grants because a condition of the grant is that the City upfront the money. The government is slow sometimes in reimbursing cities. He concurred with Councilman Williams' statement about the perception being bad. He said he was going to support this item because the perception would be a lot worse if the city did not make payroll in November and December. There being no further discussion this item passed and carried by a 4-2 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Councilman Williams: No Councilwoman Davis: Yes Mayor Gibson: Yes RESOLUTION NO. 2010-17-1360 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS URGING THE MIAMI-DADE COUNTY MAYOR TO PETITION THE MIAMI-DADE COUNTY BOARD OF Regular City Council Minutes October 27, 2010 Page 12 CITY COUNCIL MINUTES OCTOBER 2712010 COUNTY COMMISSIONERS FOR THE CREATION OF A STREET LIGHTING SPECIAL TAXING DISTRICT FOR THE VENETIAN GARDENS AREA, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO; APPROVING SUCH ACTION BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS PURSUANT TO CHAPTER 18 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING FOR INSTRUCTIONS TO THE CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; AND PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) Councilman Gilbert explained this item would make a Street Light Special Taxing District specific to the Venetian Gardens area. This would urge the County Mayor to petition the County Board of County Commission Venetian Gardens a taxing district. This would actually go to the residents for a vote. He shared that he attended a crime watch meeting in this area and it is exceedingly dark in this area. He asked his colleagues to support the passage of this resolution. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt this item. Councilwoman Pritchett said it this item is approved it will not only affect Venetian Gardens but another community adjacent to it. She asked for clarification as to whether all the affected parties will have an opportunity to vote on this matter. Councilman Gilbert said all the residents in Venetian Gardens and the adjacent community will have an opportunity to vote on this item. Councilwoman Pritchett asked whether someone check with FP&L about the wattage of the existing lights in this area. Tom Ruiz, Public Works Director appeared before the City Council to respond to Councilwoman Pritchett inquiry. He said the lights in question are security lights. In cases where the lights are out the residents could call FP&L to have the bulbs replaced, if the resident is paying for it. If the resident is not paying for the light FP&L will disconnect the light. Councilman Gilbert clarified that the lights in this area are FP&L lights, which are security lights,which the property owner pays a month maintenance fee for. Vice Mayor Campbell said there are two different things being discussed. There is the Special Taxing District Street lighting, and there is the security lighting provided by FP&L, which that property owner pays a monthly fee for, a part of that individual's light bill. Councilwoman Pritchett asked what is the contingency plan if the event the Miami-Dade Regular City Council Minutes October 27, 2010 Page 13 CITY COUNCIL MINUTES OCTOBER 2712010 County Mayor decides to not petition the Miami-Dade County Commission to implement a Special Taxing District for the Venetian Gardens and adjacent community. Mayor Gibson recounted the residents of Venetian Gardens initially started a petition drive to get the required number of signatures to implement a Special Taxing Lighting Distrit. They were unsuccessful because not everyone would sign the petition. The Venetian Gardens residents then turned to the City for help. Staff brought forth an initiative to make the entire City a Special Taxing District. Residents can out in opposition that that initiative because they did not want to be taxed. She opined if this particular action does not work then those individuals will continue to live in the dark. She said this is not only a problem that is unique to Venetian Gardens. There are areas on the Westside of the City in similar situations. There being no further discussion the motion to adopt this item passed and carried by a 6- 0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Councilwoman Davis: Yes Mayor Gibson: Yes (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager's Monthly Report Manager Crew report on the City's Bond situation during his New York trip, and shared it was a very difficult situation. Apparently every city and county in the nation is in the market right now. Everybody is trying to beat two deadlines: 1) the election in two weeks, and 2) the deadline for Build America Bonds is December 31 St. However, the City has its funding for the City Hall. Clerk Taylor announced that she will be partnering with Greater New Bethel Baptist Church to accept passport application during its health fair, Saturday, November 6, 2010 from 10:00 am to 1:00 p.m. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert shared at the last City Council Meeting he sponsored the Miami Gardens Bowl, which would go to the winner of the football game. The Bowl was presented to the winner (Miami Norland Senior High School) of this year's game on last week. He further announced the Family Fall Festival will take place this coming Sunday, at Sun Life Stadium. The festival is being sponsored by Sun Life Stadium, Antioch Baptist Church, and starts at 4:00 p.m. He encouraged everyone to get out to vote. Vice Mayor Campbell asked for a report on the outcome of the meeting staff had with the residents regarding the senior citizens program at the parks. Regular City Council Minutes October 27, 2010 Page 14 CITY COUNCIL MINUTES OCTOBER 27 12010 Daniel Rosemond, Assistant City Manager appeared before the City Council in response to Vice Mayor Campbell's inquiry. He shared the outcome of the meeting, staff provided ballots so that the individuals could vote on which level of membership they wanted. Over eight-five percent of the members present wanted either the silver or gold membership. There were about 30-40 individuals who wanted to remain in their individual parks. Councilwoman Pritchett asked for a status report about whether Ms. Harris, with the Department of Elderly Affairs in Tallahassee, Florida would be coming to the City, and if so when. Vernita Nelson, Assistant City Manager appeared before the City Council in response to Councilwoman Pritchett's inquiry. She referenced an email sent to Councilwoman Pritchett on October 21St relating to a public records request. She shared that she contacted Ms. Harris about attending an Elderly Affairs Advisory Committee Meeting as well as a City Council meeting to talk about the Community for a Lifetime initiative. Ms. Harris has put in a travel request for November 10, 2010 for that purpose. At this point Ms. Harris is awaiting a response from her director. Councilwoman Pritchett said when this information is known can applicable information be provided to the public. Ms. Nelson also shared that a special meeting of the Elderly Affairs will take place, which will require special posting by the City Clerk. Councilman Williams asked about the status of the criminal background hiring policy. Manager Crew in response to Councilman Williams' inquiry said the HR Director is working on this policy. He further announced the Foreclosure Prevention Clinic will take place on November 9, 2010, at the North Dade Regional Library, from 6:00 p.m. —8:00 p.m. Councilwoman Davis announced she is sponsoring a Turkey Drive, Saturday, November 20, 2010. A committee is being put together to establish the criteria for receiving the turkey. She asked that anyone needing further information to contact her office on tomorrow. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. Regular City Council Minutes October 27, 2010 Page 15 CITY COUNCIL MINUTES OCTOBER 27 2010 (P) ADJOURNMENT There being no further discussion, to come before this Body, and upon a motion being duly made, the meeting adjourned at 9:00 p.m. Attest: Shirley aibson, Mayor onetta Taylor, C, City Clerk Regular City Council Minutes October 27, 2010 Page 16