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January 14, 2009CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JANUARY 14, 2009 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, January 14, 2009, beginning at 7:12 p.m., in the City Council Chambers, 1515 NW 167`h Street, Building 5, Suite 200, Miami Gardens, Florida The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Barbara Watson and Council members Aaron Campbell Jr., Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert III. Councilman Andre Williams arrived at 7:20 p.m. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation delivered by Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Recited in unison (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes -December 10, 2008 Motion offered by Vice Mayor Watson, seconded by Councilwoman Pritchett 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 Councilwoman Pritchett, seconded by Councilman Gilbert to remove Item J-7 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Manager Crew removed presentation item F-7 from the official agenda. Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to approve the official agenda with the necessary changes/deletions/additions. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Optimist Club Super Bowl Winners Councilman Gilbert presented Trophies to the Optimist Club Super Bowl Winners from Scott Lakes of Miami Gardens and Golden Glades. The six teams presented with trophies were: Scott Lakes 135; Golden Glades 140; Golden Glades Peewees; Miami Gardens Chargers 95; Miami Gardens 120; and Miami Gardens 155. Regular City Council Minutes January 14, 2009 Page 1 F-2) City Manager's Annual Review Taren Kinglee, Human Resource Director appeared before the City Council to provide a memorandum of accomplishments for the City Manager for this past year. She also provided a ~gmg sheet and salary survey and asked that the rating sheet be returned no later than January A. Presentation Mayor Gibson, along with members of the Ciry Council presented Dr. Crew with a Certification of Appreciation for five years of loyal service, n recognition of his fifth year anniversary with the City. Dr. Crew also received a Five Year Pen. Manager Crew recounted the City of Miami Gardens has been a wonderful place to live and work. F-3) Budget Status Reports A. October 2008 Budget Status Report B. November 2008 Budget Status Report William Alonso, Finance Director appeared before the City Council to provide reports on the above mentioned items. He reported there were eight budget amendments during the month of October. There were no amendments in November. Most of the amendments relates to rollovers from the previous year. One of the most significant amendments was the $195,000 payment received from the new Mercedes-/Benz dealership; these funds are to be used for the arch and expressway interchange renovations. Another significant amendment is the $13,714 grant received from the FDOT. Furthermore an amendment was made for the 6.8 Million Dollars grant allocation received for the HUD Stabilization Program. Mr. Alonso shared beginning with the November report Financial Indicators will be included in the reports to provide the Council. He said the revenues are coming in as expected, and are on line with the expenses. He said the City at present is stable with the revenues being received from the State of Florida. However, if there are any more cutbacks from the State, there might be some type of affect on the City, which staff will need to look at. He emphasized the importance of being aware of the assessed value for next year. F-4) City of Miami Gardens' Police Department Monthly Report Deputy Chief Paul Miller presented CSA Rhea Leverity with the distinguished recognition as civilian employee for the past quarter for her outstanding performance. Deputy Chief Miller also acknowledged Sergeant Timothy Adams and Officers David Schroeck and Ignocio Florentine as Officers of the Month for the Month of December 2008. Deputy Chief Miller announced crime is down by 15% from 2007 to 2008. The City did have a rocky December compared to November. Crime was up 12 % during the month of December. However compared to December 2007, there was a three percent reduction overall in crime. The crime rate in December was attributed to the current economic situation nationwide. There is an enormous amount of rear-entry burglaries where people are going in through back windows and rear sliding glass doors. Robberies are down significantly, with several arrests being made. There were two homicides in December. An arrest was made last night in Regular City Council Minutes January 14, 2009 Page 2 connection with the homicide at the Carol City Gardens Apartments. In addition, two homicide arrests were made during the month of December. Deputy Chief Miller stated the City of Miami Gardens Police Department continues to coordinate its efforts with the Opa-locka Police Department. On certain days general operations were done, which resulted in 113 arrests, 381 field interviews, seized six firearms and wrote 149 citations. Deputy Chief said the City of Miami Gardens Police Department Specialized Units have been fully developed. Community service is a big part of Chief Boyd's plan. The two Community Service Officers also received Officer of the Month recognition for their outstanding service. The Shop with a Cop program and Holiday Give-Away were successful events held December 2009. There have been 22 new Neighborhood Watch Programs implemented in various neighborhoods around the city. Deputy Chief Miller stated the police department is fully staffed. There are two positions in communications, which should be filled by the end of the month. In addition, there is one CSA position that should be filled by the end of the month. Deputy Chief Miller in recapping the year said there were 22 homicides in 2008. Twenty of those are classified as murders. The two remaining homicides were considered justified because they were killed while in the process of committing a crime. Seventy three percent of the sexual battery cases were known offenders. Eighty bench warrants have been served since the inception of the police department. Deputy Chief Miller shared that calls for service are up by 45% due in part from individuals calling the police department's non-emergency number rather than going through the 911 number. Councilman Campbell asked whether any data information has been gathered to determine whether the City should take over its 911 calls. He shared that in reviewing his tax bill he has noticed residents pay Miami-Dade County for this service. Manager Crew said it is estimated to cost the City over 5 Million Dollars to take over the 911 service. Councilman Campbell made reference to the homicide statistics and stated when one thinks of homicides they think of the victims, and whether that murder was a result of domestic violence, or robbery. He stated that it is his sense in reading the newspapers it would appear a lot of the murder victims in the City of Miami Gardens have questionable life styles. Deputy Chief Miller said a victimology has been done on the murder victims and a large number of them have police records. Five of the twenty murders were gang related. One was domestic related, one was drug related, four were robbery related, four were dispute related, and five were classified as other unknown. The Miami Gardens police department has an idea as to why the murders occurred, however those were investigated by Miami-Dade County. He said Regular City Council Minutes January 14, 2009 Page 3 the Police department will be more careful in classifying those cases it will be responsible for. He shared one of the victims had an outstanding warrant. Councilman Williams stated that he has noticed that the crime rate in area one is significantly lower than the crime rate in areas two and three. Deputy Chief Miller explained the boundaries have a lot of optical. Major Brooklyn is doing a study with his executive officers to determine where officers can be better allocated. The turnpike is a natural boundary on the west side of area one. That causes the police department a considerable amount of problems getting around the area to respond to a call. Mayor Gibson followed up on comments made by Councilman Williams about the lower crime rate in area one. She shared when looking at statistics there is an explanation as it relates to crime and the different types of crime. At lot of the times it has to do with the social economic factors that may be going on in some neighborhoods. Vice Mayor Watson said at one point the City was having difficulty getting information from Miami-Dade County as it related to outstanding warrants. She asked whether this condition still exist. Deputy Chief Miller said it is not that Miami-Dade County is communicating with the City, however when the information is requested it is given. Councilman Bratton asked about the status of the Red Light Camera Program. Deputy Chief Miller said starting on tomorrow the warning period stops. Manager Crew shared the first three weeks of the warning period over 400 warning citations were issued. Vice Mayor Watson asked of those 400 warnings, how much of that would equate to dollars for the City. Manager Crew explained that this is not so much as a revenue generator because once violators realize they will have to pay $125.00 for each citation, they will stop running the red lights. Therefore this program is more of an attitude changer. He shared within the first year of implementing the Red Light Camera Program in Houston, traffic deaths went down 40%. Councilman Bratton asked Deputy Chief Miller to explain the box concept at intersections. Deputy Chief Miller explained there is a stop bar at the intersection and motorist need to stop behind the stop bar (big white line). F-5) Shakespeare in the Gardens -Collen Stovall, Shakespeare Miami Collen Stovall, 2230 Lincoln Avenue, Miami, Florida, appeared before the City Council Regular City Council Minutes January 14, 2009 Page 4 to expound on the Shakespeare in the Gardens event at Florida Memorial University. This year's production is Macbeth. Councilman Williams shared the City of Miami has been sponsoring this production for five years. The production has generated a following of approximately 15,000. This production provides an opportunity a cultural experience for the residents of Miami Gardens. He thanked Ms. Stovall for all her hard work. Mayor Gibson asked how is this production funded. Ms. Stovall said each city assist with funding through their Parks and Recreation Department. She said there is also a combination of public funds as well as grants to pay for the actors. She shared Councilman Williams singlehandedly solicited donations from businesses to assist with bringing this production to the City of Miami Gardens. She said there is also public and private funding and donations for citizens. F-6) Presentation -Parks and Recreation Advisory Committee Kara Petty, Acting Parks and Recreation Director appeared before the City Council to present the Parks and Recreation Advisory Board with tokens of appreciation for their support and hard work over the past two years. F-7) Miami-Dade Fire Department Fire Chief Miller appeared before the City Council to announce the fire station in the City of Miami Gardens formerly known as the Carol City Fire Station has been renamed the City of Miami Gardens Station. (G) PUBLIC COMMENTS Rhetha Boone-Fye appeared before the City Council in a dual capacity. First she thanked the Council for the opportunity to serve on the Parks and Recreation Advisory Committee. She said she was also speaking before the Council tonight as the Chair for the Dr. Martin Luther King Jr., Steering Committee. This year's event entitled Unity in the Community is scheduled for Monday, January 19, 2009, from 1-6 p.m. She thanked Ula Zucker and Stephanie Saenz for their assistance during this endeavor. She solicited support in the form of volunteers for the event, especially high school students who might need Community Service hours. The public was invited to attend this event. She further thanked the police department for its assistance. Vince Mancusi, 17201 NW 42"d Place, Miami Gardens, Florida, appeared before the City Council to comment on Item J-5. He recommended looking at community members as an oversight committee for the Neighborhood Stabilization Program. Mayor Gibson shared that the City has an Affordable Housing Committee, which has been instrumental with this process. Manager Crew further shared that he is the responsible person in the City to ensure this program is administered properly. Councilman Williams further shared there are very strict guidelines as to how the funds Regular City Council Minutes January 14, 2009 Page 5 can be spent. Betty Ferguson, 1625 NW 188th Terrace, Miami Gardens, Florida, appeared before the City Council to thank them for bringing Shakespeare to Miami Gardens. She shared she had read in today's Miami Herald that the production Macbeth is x-rated, and not recommended for children under the age of 10. She further congratulated the Council on the many positive things going on in the City. She said she felt at a disadvantage having to make her comments before she heard the City Manager's explanation on the 7.3 Million Dollars in bailout money for Warren Henry. She urged the Council to get several professional opinions other than the City Manager's and let the tax payers hear those opinions before committing 7.3 Million Dollars to bail out Warren Henry. Hugh Dodd, 17135 NW 19th Avenue, Miami Gardens, Florida, appeared before the City Council to express his views about the land acquisition bond. Dr. Lester Brown, 18801 NW 29th Court, Miami Gardens, Florida, appeared before the City Council to wish the Council and staff the best year possible. He placed emphasis on the importance of addressing those issues of concern as it relates to our children. He shared that he volunteers by teaching at-risk youth. He encouraged the residents to come to the City Council meetings and share with others the good things that are going on within the City. Reverend Abraham Thomas, 17320 NW 17th Avenue, Miami Gardens, Florida, appeared before the City Council to share that he had entered the City of Miami Gardens Dr. Martin Luther King Jr., Break-out artist contest. He shared he had performed a song, which he had written as a tribute to the City of Miami Gardens. He said this song is available for the City to enjoy. Nick Zizi, 18890 NW 57th Avenue, Hialeah, Florida, appeared before the City Council to provide information on an event being held at Florida Memorial University, More Possibilities Like Never Before Saw. The purpose of this event is to empower our youth, help them to find their focus, help them to position themselves for success and to persevere. The event will take place, January 31, 2009, at 7:00 p.m., at Florida Memorial University. General admission is $15.00; $10.00 for students, and a family pack of $50.00 for five tickets. Rosetta Rolle Hylton, appeared before the City Council to express appreciation to Mayor Gibson. She shared that Mayor Gibson along with two state representatives spoke at an event on last Saturday morning. She commended Mayor Gibson for an excellent presentation. Please note, Councilman Melvin L. Bratton left the meeting at 9:02 p.m. (H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED "CERTIFICATE OF RE-OCCUPANCY"; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING FOR Regular City Council Minutes January 14, 2009 Page 6 REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; 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) (Deferred from December 10, 2008) Councilman Williams explained the intent of this ordinance is to be proactive in protecting homeowners from code violations. It protects potential homeowners from unknowingly or unwittingly buying a home where there are serious code violations where once purchased, they become responsible for those violations, after the fact. Renee Farmer, Deputy City Manager appeared before the City Council to expound on this issue. She shared that Miami-Dade County has adopted a similar ordinance, which is a little broader as it relates to zoning issues. Miami-Dade County's ordinance is a relatively recent adopted ordinance. Staff is still working out the logistics on implementation. Their cost is $300.00. Ms. Farmer shared with the Council a situation in one of the neighborhoods where a property owner built a retaining wall into a neighboring drainage canal. Should this property owner sell this property, the new property owner would be responsible for addressing those issues. The cost to take down this wall would cost approximately $15,000. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to adopt this item on first reading. Mayor Gibson made reference to the publicity and community outreach campaign and asked how Councilman Williams anticipates reaching those potential buyers who are not Miami Gardens residents. Daniel Rosemond, Acting Assistant City Manager/Community Development Director appeared before the City Council to expound on this issue. He said the purpose of the outreach is to try to target those realtors and title companies staff believes are the ones that do the majority of business within the City. He acknowledged that it is impossible to try to blanket the entire industry that may sell a property within this City. It is the hope of staff that those realtors and title companies will educate the seller and that they will comply. Vice Mayor Watson referenced the application provision of the ordinance and stated there is no exception to the 15 day inspection period, in case of incumbent weather or back-log. Attorney Dickens said the City Manager would be the one to determine whether the Building Department can complete the inspection process within fifteen days. She said language could be included at the end of the application provision to say in the event of a natural disaster the time frame could be adjusted accordingly. Regular City Council Minutes January 14, 2009 Page 7 Motion offered by Vice Mayor Watson, seconded by Councilman Williams to amend the Section 3. Application by adding an additional subsection to include the language "In the event of a natural disaster the time frame could be adjusted accordingly. There being no further discussion on the amendment, the motion passed and carried by a 6-0 voice vote. Councilman Gilbert inquired about the percentage of home sales in Miami Gardens. Mr. Rosemond said the new home sales were down. He opined nationally it is safe to say that there is certainly not an increase in anything in terms of existing home sales. Councilman Gilbert referenced the cover memorandum for this item, more particularly the funding source which indicates funding would be allocated from the General Fund. Manager Crew said that is not accurate, the funding would be allocated from the Development Services Fund. Councilman Gilbert asked what is the current deficit in the Development Services fund. Manager Crew in response to Councilman Gilbert's inquiry said over a million dollars at present. Councilman Gilbert referenced the ordinance, more particular Section 3. Application and asked whether Councilman Williams would be amenable to amend paragraph 1, by deleting the words buy and occupy. He said it would take the burden off of the buyer, and place the responsibility on the seller. Attorney Dickens stated her understanding of the intent. She shared that paragraph 2 should also be amended to include those changes. She said in paragraph 2 the words "to close on." Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to incorporate the changes outlined by Attorney Dickens. This motion passed and carried by a 6-0 voice vote. Mayor Gibson referenced Section 3. Application, paragraph 3, more particularly the language "the seller or owner or the designated agent, and ask what if that seller, owner or designated agent did not want to pay the inspection fees. She questioned would the sale, then not go through. Attorney Dickens said in actuality, the seller or owner are the only individuals with authority to sell the property. That owner or sell could give authority to the designated agent. She said owner or seller is basically the same. She said in order to comply with this ordinance the sell would have to pay for the inspection. Manager Crew shared title companies as part of their search ask for a letter from the municipality, explaining all the liens and anything else on the property. As part of that letter, the City will have language that states that prior to closing you must have this inspection done. That puts the responsibility on the title company to explain that to the buyer. Then the buyer will know Regular City Council Minutes January 14, 2009 Page 8 if that inspection is not done, he/she is subject to take responsibility for anything that has been done to the house. Mayor Gibson expressed concern with this provision due to in part that the buyer would not be able to close if the seller did not pay for, and get the inspection. Attorney Dickens said the seller and buyer can still close on the property, if that is what the buyer wants to do. Mayor Gibson said she had raised this concern previously. She said this would stop a buyer from purchasing a properly as it. Manager Crew said that he would also have the authority to give the buyer so much time to get the violation corrected depending on the type of violation. Councilman Gilbert asked whether there was a way to implement this so that it does not place another roadblock to the selling of homes. Attorney Dickens said this is a mandatory program, which would allow the City Manager to enter into agreements in certain instances. Manager Crew explained the violation on the property is not going to go away. Vice Mayor Watson asked if there could be an exception clause for an as-is condition. Attorney Dickens said as the City Attorney she would not recommend that. She opined the City would be admitting there is a violation on the property. An amendment was made to this ordinance, which makes the seller liable. Councilman Williams conveyed respect for all the responses and comments made. He said the ultimate person who would benefit from this is the buyer. He said we have seen this many times when residents come to the Council meetings complaining about Code Enforcement knocking on their door citing them for a violation on an improvement they had nothing to do with. He said there is no perfect situation but nine times out of ten, we are going to do the right thing because a buyer who is going to want to live in that home is going to be protected. They will know what they are getting into because they will be aware of the violation beforehand. This will not impact the closing. Councilman Campbell called for the question on this item, which is on tonight's agenda for first reading. He said this matter will come up again for second reading and public hearing. There being no further discussion, the motion to adopt on first reading passed and carried by a 4-2 vote. Councilman Bratton: Not present Councilman Campbell: Yes Regular City Council Minutes January 14, 2009 Page 9 Councilman Gilbert: No Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: No H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained this is the bond issue the City usually does every year to purchase equipment for the various departments and spread the cost over five years. If this item passes on first reading, a bond resolution will be placed on the next agenda and an accompanying item to the second reading of the ordinance. Motion offered by Councilman Campbell, seconded by Vice Mayor Watson 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 6-0 vote. Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Not present Mayor Gibson: Yes H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS (WARREN HENRY PROPERTY) NOT TO EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); Regular City Council Minutes January 14, 2009 Page 10 PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew recounted approximately a month ago Warren Zinn of Warren Henry scheduled a meeting with him to explain the situation the dealership is in. Warren Henry bought 15 acres of land adjacent to the 441 WalMart, with the intention of building a dealership. There was a commitment from a financial institution to build the project. Nine Million dollars of those funds were used to purchase this property. In addition, plans were submitted to the City to go through the building and zoning process. About a month ago Warren Henry received notification from the finance company that the company was pulling out of South Florida. The Beacon Council confirmed that this company had withdrew financing on a number of projects in South Florida. After speaking with Mr. Zinn about his situation, the City Manager made a proposal to bring this item to Council to purchase the property previously bought by Warren Henry for 9 Million Dollars, for a price of 7.3 Million Dollars. This would provide the City with a piece of properly with 2 Million Dollars in equity. He said the City might then be willing to lease this property back to Warren Henry with an option to purchase, giving Warren Henry two years to find new financing. If new financing is found Warren Henry can buy the property back and build their project. If Warren Henry does not find financing within that two year period the City keeps the property, with all the equity. Warren Henry would also have to pay all the closing cost, including the surveys. In addition Warren Henry would have to pay the monthly payments on the bond issue, plus pay the City one percent. Manager Crew said Warren Henry has been in this community for almost 40 years, and is the second largest employer (250 people) in Miami Gardens. He opined if the City can do something that does not cost the City anything and provides that the City will win whether Warren Henry wins or not. Manager Crew said since this matter was first brought before the Council, Warren Zinn has asked for a two month extension so that the finance company would not foreclose on his property. The two month extension was granted at a heavy price. The City's preference is for Warren Henry to build. If the project is built, the City will have a showcase of a dealership, which will bring in approximately $150,000 in property taxes. In addition, jobs will be saved. In the meantime, Warren Henry is paying all the cost including one percent to the City. Manager Crew stated a new appraisal on the property has coming in at 10.8 Million Dollars. If the City ended up with the property it would have a property with nearly 4 Million dollars in equity. Having a property like this in the City's inventory would be an exceptional trend for the City in terms of economic development. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to adopt this item on first reading. Regular City Council Minutes January 14, 2009 Page 11 Councilman Williams for clarification purposes stated the City would be issuing a bond for 7.3 Million Dollars, and asked what would the funds be used for. Manager Crew said the fund would be used to purchase a 15 acre piece of property. The dilemma is Warren Henry put 2 Million Dollars in this property and is on the verge of losing it. Councilman Williams asked what is the benefit for the City. Manager Crew said the City would have the best piece of property left in Miami-Dade County for future development, at a price of almost 4 Million Dollars under the value. He stated the City buys the property, and Warren Henry has indicated it would like to lease the property from the City, with an option to purchase, in order to build the dealership. Councilman Gilbert for clarification purposes said this is being done in two separate transactions. First the City is buying the property; secondly the City is leasing the property. Attorney Dickens in response to Councilman Gilbert said correct. There are two separate transactions. Tonight all that is being done is authorizing the borrowing of money to purchase the property. Councilman Gilbert opined in that case there is language in this ordinance that is not needed. He said all language relating to Warren Henry should be deleted from the ordinance. Manager Crew explained the reason that language was included was to provide a reason as to why the property is being purchased. Councilman Gilbert said he would also be more comfortable with including the legal description of the property instead of identifying the property as the Warren Henry Property. Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to amend the ordinance by removing all references to Warren Henry or Warren Henry Property from the ordinance. The motion to amend passed and carried by a 6-0 voice vote. Councilwoman Pritchett said Mr. Zinn was present when this matter was first introduced to the Council. However, he is not present tonight. She said had Mr. Zinn been present tonight she would have asked him why did he approach the City Manager as opposed to seeking out some other financial or lending institutions. Manager Crew said he did not know why Mr. Zinn came to him. He said he did not think Mr. Zinn came looking for the City to do anything. He said the problem with him going to another lending institution, is that he only had two weeks, and you cannot go to any lending institution to get something done in two weeks. Councilwoman Pritchett said that she was concerned simply because the City was not a financial, banking or lending institution. She opined the City should not be in the middle of trying to broker this. She acknowledged Mr. Zinn and his family for their support of this community over Regular City Council Minutes January 14, 2009 Page 12 the years. She said this is a very unique situation and she is a bit uncomfortable simply because of the position the City is in. Manager Crew said the City has a lot to gain out of this either way. He said the City can save a lot of residents from losing their homes by keeping their jobs, and the City could end up with a valuable piece of property. He said from his point of view this is a business deal. Mayor Gibson said if this transaction was taking place under normal conditions, none would say that it was a bailout. She shared that she polled some of the sister cities and asked what is it they have been doing to work some deals for economic development. The response has been if the City owns the property they make a deal to have a developer come in and build. If the property is not city owned incentives are created to draw developers to come in and do the development. She said cities do this ail the time. She said the city would have collateral, which is a fantastic piece of property that will not decrease in value. She share this is what the Beacon Council does all the time. The properly is located in an Enterprise Zone, therefore it qualifies for certain benefits. Mr. Rosemond said Mayor Gibson did a fantastic job in explaining the activity that many cities carry out, which is to attract or retain businesses within their municipalities. What is before the Council is common practice from an economic development stand point. He said this is a good financially in terms of what it means for the community. Vice Mayor Watson shared that she too polled neighboring municipalities and got similar answers as those received by Mayor Gibson. She asked Mr. Rosemond if he had ever entered into a similar agreement in the municipality he previously worked. Mr. Rosemond said he was not aware of any similar agreement. He said the City of Miami had several projects that would be creative in nature in trying to facilitate either the retention of a significant business, or attracting a particular business. He said it is common practice for communities to undertake these types of ventures. Vice Mayor Watson shared she was uncomfortable with this initially, and did not want the City of Miami Gardens to undertake something that was never done before by other municipalities. Mr. Rosemond said this is done in the Office of Community Development on a much smaller scale. He said this is the same type of activity that is done on an economic basis. Vice Mayor Watson shared from her discussion with the other municipalities, she learned there was always a Letter of Intent included with the documentation submitted for Council's consideration. She asked at what point will the Council see a Letter of Intent. Manager Crew said that information, along with copies of the appraisal will be provided at the next City Council meeting. Attorney Dickens said whatever the Council decides to do, the appropriate documentation will be prepared to totally protect the City. Regular City Council Minutes January 14, 2009 Page 13 Councilman Williams said tonight's item is to issue a bond to purchase the land, which is a plus for the City. It was also discussed tonight that the City might decide, if it purchases the land, to not enter in to an agreement with Warren Henry. He said he wanted to look at all options and what is feasible; what are the other uses, and other values that could be associated with that property. Manager Crew shared when Wa1Mart sold the property there were quite a few people wanting to purchase it. Wa1Mart interviewed all the different groups, but felt they wanted to have something built there that was compatible with their business, and add value to the area. There being no further discussion, the motion to adopt this item on first reading passed and carried by a 5-1 vote. Councilman Gilbert: Yes Councilwoman Pritchett: No Vice Mayor Watson: Yes Commissioner Williams: Yes Commissioner Bratton: Not present Councilman Campbell: Yes Mayor Gibson: Yes H-4) AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained based on discussion with the Council in the zoning meetings and other meeting he is recommending that Council implement a moratorium on rezoning of multifamily uses. There are some serious concerns about the nature of the City and before moving on all those issues need to be explored and evaluated. This moratorium will not affect those properties already zoned for multifamily. Motion offered by Councilman Campbell, seconded by Vice Mayor Watson 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 6-0 vote. Councilwoman Pritchett: Yes Regular City Council Minutes January 14, 2009 Page 14 Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Not present Councilman Campbell; Yes Councilman Gilbert: Yes Mayor Gibson: Yea (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE N0.2009-03-175 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 5 OF ORDINANCE NO. 2005-10-48, THE CITY'S PURCHASING ORDINANCE, IN ORDER TO PROVIDE AUTHORITY FOR THE CITY MANAGER TO EXECUTE PURCHASING SALES AGREEMENTS AND ANY AND ALL OTHER DOCUMENTS NECESSARY IN ORDER TO PURCHASE AND/OR TRANSFER PROPERTY IN ACCORDANCE WITH THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1St Reading -December 10, 2008) Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to adopt this ordinance. Mayor Gibson opened the floor for public comments. After there were no interested parties to speak on this item, the public hearing was closed. item. vote. Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to adopt this There being no discussion on this item, the motion to adopt passed and carried by a 6-0 Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Not present Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes (,I) CONSENT AGENDA Regular City Council Minutes January 14, 2009 Page 15 RESOLUTION N0.2009-04-949 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN AARON CAMPBELL, JR.'S APPOINTMENT OF NATALIE E. OCE TO THE CHARTER REVIEW COMMISSION IN ACCORDANCE WITH SECTION 6.2 OF THE CITY OF MIAMI GARDENS' CHARTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN CAMPBELL) RESOLUTION N0.2009-OS-950 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE CITY MANAGER'S PURCHASE OF A POLICE DOG FROM METRO- DADE K-9 SERVICES IN THE AMOUNT OF $12,500.00; WAIVING COMPETITIVE BIDDING AND NEGOTIATING; AUTHORIZING EXECUTION OF A CONTRACT AFTER THE FACT; PROVIDING FOR A NUNC PRO TUNC EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-06-951 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT FOR CONSULTING SERVICES WITH THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP) TO PROVIDE TESTING AND ASSESSMENTS FOR THE CITY'S POLICE DEPARTMENT, 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 N0.2009-07-952 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT RENEWAL AP 798 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; EXTENDING THAT CERTAIN MAINTENANCE AGREEMENT ENTERED INTO ON DECEMBER 11, 2006 FOR AN ADDITIONAL PERIOD OF ONE (1) Regular City Council Minutes January 14, 2009 Page 16 YEAR; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-08-953 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, SERVICE AGREEMENTS WITH LISA E. MEYERS-ARCHER, P.A., CLAUDIENNE HIBBERT, P.A., AND PHILLIP & DONNA BARRETT FOR ACQUISITION AND DISPOSITION SERVICES RELATING TO THE NEIGHBORHOOD STABILIZATION PROGRAM AND THE CITY'S APPROVED ACTION PLAN AMENDMENT, COPIES OF WHICH ARE 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 N0.2009-09-954 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN THE AMOUNT OF SEVENTY-SEVEN THOUSAND ONE HUNDRED TWELVE DOLLARS ($77,112.00) TO R.E. CHISHOLM ARCHITECTS, INC., FOR CONSTRUCTION AND ADMINISTRATION SERVICES FOR THE MIAMI CAROL CITY PARK RECREATIONAL BUILDING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to adopt the Consent Agenda. This motion passed and carried by a 6-0 voice vote. (K) RESOLUTION(S) RESOLUTION N0.2009-10-955 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO SUPPORT SHAKESPEARE MIAMI'S PRODUCTION OF MACBETH; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) Regular City Council Minutes January 14, 2009 Page 17 Councilwoman Pritchett pointed out that a scrivener's error on page 1 of the resolution and asked that Florida Memorial College be changed to Florida Memorial University. She said although many residents have expressed excitement about having Shakespeare in the Gardens here she wanted it stated publicly what the $12,500 would be used for. Vernita Nelson, Acting Assistant City Manager appeared before the City Council to respond to Councilwoman Pritchett's question. She said the Parks and Recreation Department would be allocating $4,050.00 to cover expenses relating to production; banners, and newspaper ads. Councilwoman Pritchett asked Councilman Williams if it would be amenable to amending the resolution to include the dollar amount. She said this is not an absorbent amount of money, there have been other events held in the parks that have cost more. She thanked Councilman Williams for bringing something to the residents for free. Councilman Williams had no objections to this amendment. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to amend the resolution to include the dollar amount. This amendment passed and carried by a 6-0 voice vote. Mayor Gibson made mention of the process. She stated when Council members spearhead projects where funds would be allocated from a department; a resolution must come before the Council, sponsored by the appropriate Council member, for consideration by the Council. She said this should have been done before any funds were allocated. Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve this item. There being no further discussion, the motion to approve passed and carried by a 6-0 voice vote. RESOLUTION N0.2009-11-956 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY Regular City Council Minutes January 14, 2009 Page 18 ATTORNEY AND CITY MANAGER TO GATHER INFORMATION AND RESEARCH REGARDING PURSUING LITIGATION AGAINST MIAMI-DADE COUNTY RELATING TO THE HALF-CENT TRANSPORTATION SALES SURTAX; PROVIDING FOR A REPORTING PERIOD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (CO-SPONSORED BY VICE MAYOR BARBARA WATSON AND COUNCILMAN ANDRE WILLIAMS) Vice Mayor Watson stated this has been a huge concern of her since the incorporation of this City; that is the City of Miami Gardens has been precluded from sharing equally with other municipalities in Miami-Dade County in the half-cent transportation surcharge. She stated that she has a problem knowing that each time she fills her vehicle with gas, knowing that ahalf- cent of each dollar she spends is not coming back to this community to benefit its residents. From calculations received from staff it is estimated the City has lost over 19 Million Dollars. The residents in this area at the time, voted as part of Miami-Dade County to support this initiative. Since the City of Miami Gardens was incorporated after the adoption of this initiative, it is not allowed to receive an equal share of the funds. Councilman Williams said this is an issue that he and Vice Mayor Watson feel very strongly about. He recounted in 2001 residents were asked to vote on the half penny sales tax. That money was supposed to be used to make transportation improvements, and the extension of the Metro Rail. He opined those were empty promises and none of those issues were addressed. The agreement was the cities that were in existence at that time could participate and receive twenty percent of the allocation. He opined Miami Gardens was not in existence at that time; however residents certainly pay the tax and should get the benefit of it. He commended County Commissioner Barbara Jordan for her efforts in this regard. He emphasized Miami Gardens residents have paid 19 Million Dollars in taxes since 2001 and received zero benefits. This legislation is simply to empower the City to look into pursuing litigation. He opined this is a case of taxation without representation. Manager Crew shared staff has met with representatives from Miami-Dade County on numerous occasions. Their contention is that if they give Miami Gardens twenty percent, all the other cities will lose money. He opined Miami-Dade County is trying to pit the City of Miami Gardens against all the other cities. However, in fact, the City's twenty percent is in Miami- Dade County's budget. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to approve this item. Councilman Campbell opined as a second strategy to litigation, since this area was a part of the unsub area, the City should demand that unsub portion of the half-cent sales tax (District 1). Councilman Williams shared from his conversation with County Commissioner Jordan she has stated that she has exhausted all of her remedies. Regular City Council Minutes January 14, 2009 Page 19 Vice Mayor Watson conveyed appreciation of those comments made by Councilman Campbell. She said the City has already asked for those allocations from the unsub, which Miami-Dade County refused. She said she would much rather go in a negotiating mode as opposed to a legal mode. She shared that she along with Mayor Gibson and Manager Crew went to a Miami-Dade County Transportation Meeting to discuss this matter, to no avail. Councilwoman Pritchett asked for a dollar amount of what this litigation could possible cost. Attorney Dickens opined approximately $100,000.00. She said when the report is brought back to Council, more accurate cost information will be provided. She said the City will be trying to reach out to other municipalities as well. If the City get others on board, the less cost the City will have to pay. Councilman Pritchett asked why hasn't another city taken the lead. Attorney Dickens said there were some initial contact; now that staff has been given a directive, it will work through the process, and if those other municipalities do not meet with staff that information will be brought back to Council as well. She said there is a statutory requirement that must be met with initiating litigation against another governmental entity. She said when she report back to the Council she will have information as to whether other municipalities will be onboard. At that time she will also get specific directions from Council. Mayor Gibson said the only city that has gone against Miami-Dade County and won anything with regard to the Fire Tax issue was Bay Harbor. This was a very expensive undertaking. This municipality came to Dade League of Cities and asked all cities to help defray that cost because it actually helped all municipalities. Dade League has asked all municipalities to contribute $1,000 toward a Legal Fund. Mayor Gibson opined the other 31 municipalities that receives this half-cent sales tax are going to be against the four municipalities currently not receiving this tax because Miami-Dade County is going to pit them against the City. She said she will take this issue to the Dade League of Cities Executive Board. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to donate $1,000 to the Dade League of Cities Legal Fund to go toward the Fire Tax Ballot item. There being no further discussion, this motion passed and carried by a 6-0 voice vote. There being no further discussion on the resolution as a whole, the motion to approve passed and carried by a 6-0 voice vote. RESOLUTION N0.2009-12-957 K-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO INITIATE LITIGATION AGAINST TLMC, INC., Regular City Council Minutes January 14, 2009 Page 20 FOR FAILURE TO PAY ITS SUB-CONTRACTOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained the City found out after this contract ended that the primary contractor had not paid their sub contractors. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to approve this item. Councilwoman Pritchett asked that the amount of funds paid out by the City be inserted into the resolution. Attorney Dickens said this was be done as a scrivener's. There being no further discussion, this motion passed and carried by a 6-0 voice vote. (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) City Attorney Report -Charter Review Commission Attorney Dickens referenced the memorandum provided in the Agenda Packet, which outlines the initial date for the Charter Revision Commission to meet. The orientation meeting is scheduled for January 22, 2009. Prior to the January 28t" City Council meeting, staff is hoping to have a workshop with the Council to identify those areas of the Charter it may want the Charter Revision Commission to review. By unanimous consent the Council agreed to hold the workshop an Wednesday, January 28, 2009, at 4:00 p.m. L-2) City Manager's Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert announced that he is working on a Town Hall meeting and would need to use staff for research and wanted to get approval of this Council. He said he also wanted to use staff for a Business Loan Program with Daniel Rosemond. He shared that they have actually gone done one already where local businesses are invited to talk about how we can make their interactions with us a little better. Vice Mayor Watson asked if a precedence was now being set whereby a Council member would have to come before the Council to get approval for a Town Hall meeting. Councilman Gilbert said he has been informed by the Deputy City Manager, City Manager and City Attorney that if a Council member is going to do anything that uses staff's resources to any extent, that Council member needs to talk to Council about it. Vice Mayor Watson said she needed further clarity on this because if she wanted to have a Town Hall meeting with her constituents, she did not need to go to Council for that. She Regular City Council Minutes January 14, 2009 Page 21 opined, this something between she and her constituents. Councilman Gilbert said this is just to get staff to work on developing the Town Hall Meeting, not to actually having the Town Hall meeting. He said if a Council member is going to want staff from the police, planning and zoning or code enforcement departments, Manager Crew is of the opinion it needs to be brought to Council. Attorney Dickens said if the Council wanted to set a policy of having Town Hall meetings without going to Council, then it should set the policy. Councilman Gilbert said he would be amenable to having a policy whereby the Council can have community meetings utilizing the resources of staff without having to bring it to Council. In the meantime, so that staff can assist him with the planning of this Town Hall meeting, he would like Council's consent. Councilwoman Pritchett related in the past, other Council members have had Town Hall meetings and if a departmental staff member's presence was needed all one had to do was to advise the City Manager and it was done. Councilman Gilbert said he has been here since the incorporation and from conservation with former Councilman Braynon, understood that was the way it was done. However, when he went to Manager Crew, he was advised this had to come to Council. Manager Crew said perhaps he was not clear as to what Councilman Gilbert was asking. He shared, as it relates to Town Hall Meetings, Councilwoman Pritchett for example, arranges for the venue, as well as anything else needed. He said he did not have a problem with Councilwoman Pritchett Town Hall meeting requests. He said he was concerned if there are four meetings and staff has to do all of the arrangements, the City is in trouble. He said he did not have a problem with the Mayor and Council member's staff making all of the arrangements. Furthermore, it is not about staff attending the meeting. Councilman Gilbert said he was essentially trying to do what Councilwoman Pritchett did. Manager Crew said staff would come to any meeting that is a part of their job, and there is no problem with that. He said however, to have to call around to try and find a place to hold a meeting could take hours away from their busy day. Councilman Gilbert said as a practical matter, he was suggesting that he would have the arrangements done, and that he would need staff's presence there. Manager Crew stated that he did not understand it that way. However, that is fine. Councilman Gilbert said the second thing is the business round-table would include Daniel Rosemond, the City Acting Assistant City Manager. He said Manager Crew said he would need to get Council's consent. Regular City Council Minutes January 14, 2009 Page 22 Attorney Dickens said she needed some clarity because we are now talking about two different things. The discussion has moved from Town Hall meeting to a function. She opined the Council does need to set some policy so that everybody is clear. She opined that staff cannot be directed by one Council member to start doing a number of things. However, as a group the Council can direct the City Manager who in turn can direct staff. There is a line that has to be drawn. Mayor Gibson conveyed understanding. She said this goes back to the City Manager. She stated if a Council member comes to the City Manager with a project and staff is already working on ten projects, it is the City Manager's responsibility to say staff cannot do it. She said the City Manager knows what kind of staff he has and their workloads. He opined it is incumbent upon the City Manager to advise a Council member of this. She further stated the Council needs to be very prudent about using staffs time. She said this City is very lean on staff. Councilman Williams shared that he has hosted a number of workshops, without utilizing city staff because he engaged other community groups to be a part of those events. He opined a public private partnership is a way to make the city grow and empower the residents. He said Council members need to tap those other community resources to assist with their community project, and not tax city staff because they are busy doing the other people's work. Councilman Campbell opined it sounds like we are trying to fix a wheel that is not even broken. He shared that he attends community meetings in his residential area all the time. If the presence of a code enforcement representative is needed at the meeting, either he will make a phone call to the City Manager or the president of the community organization will do it. Mayor Gibson concurred with Councilman Campbell's comments. She said there may be some other issues involved as well. However, the City Manager has to say whether or not he has the staff and time available to do those special projects. Councilwoman Pritchett stated that the Charter provides that the City Manager is responsible for the day to day operation of the City. Councilman Gilbert said when he first spoke with Manager Crew and Deputy City Manager Farmer, he had no idea they would say this would need to come to Council. He said he is aware that this matter has never come to Council before. He said if it is the consensus of the Council that to have a Town Hall meeting and to have staff there, does not require a consent from the Council, he would withdraw his consent. Councilwoman Pritchett invited everyone out to attend the Dr. Martin Luther King Jr., event on Monday, January 19, 2009, from 12:00 noon - 6:00 p.m. Councilman Williams announced he will be hosting a foreclosure clinic on Thursday, January 22, 2009 at Florida Memorial University, beginning at 6:30 p.m. Regular City Council Minutes January 14, 2009 Page 23 Councilman Williams further shared a letter he had written to President Elect Barack Obama and Congressman Kendrick Meek about the proposed Stimulus Package he wants to pass through Congress to create jobs. He opined the City needed to be in the business of creating jobs in Miami Gardens. The statistics for unemployment is 8.6 percent. The letter asked the President-Elect to support 25 specific projects in Miami Gardens such as Bunche Park Pool, city fueling facility, and a new city hall. Vice Mayor Watson thanked everyone for support the Junior Council's first fund raising efforts. She shared this group was able to secure 150 tickets for a Miami Heat game. The tickets were sold for $15.00 each. Mayor Gibson shared the results of a meeting she had the previous day with Judge Bailey as it relate to foreclosures and the court system. She said there are so many cases that the court system is not able to handle them in a timely manner, and the cases are piling up. Judge Bailey is concerned about what this means for municipalities and the County, as it relates to Code Enforcement matters. The Court is working on a mitigation strategy with the lender and the owner to work something out. Mayor Gibson made reference to the City Charter and the fact that the Mayor is the authorized individual responsible for making contact and correspondence with other governmental entities. In those instances, the City Council discusses the issue, so that all is on one accord, and directs the Mayor to send the letter on the City's behalf. She emphasized the importance of adhering to the Charter. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. (O) ADJOURNMENT There being no other business to come before this Body, and upon a motion being duly made by Councilman Gilbert, the meeting adjourned at 11:15 p.m. Attest: ey ibson ~ ~ ~ -- Ronetta Taylor, MMCi-City Clerk Regular City Council Minutes January 14, 2009 Page 24