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July 22, 2009CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 22, 2009 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, July 22, 2009, beginning at 7:15 p.m., in the City Council Chambers, 1515 NW 167`" Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson and Council members Aaron Campbell Jr., Melvin L. Bratton, Andre Williams and Oliver G. Gilbert III. Vice Mayor Watson arrived at 7:20 p.m. Councilwoman Sharon Pritchett was not present. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Delivered by Dr. Lester Brown. (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes -June 24, 2009 Motion offered by Councilman Gilbert, seconded by Councilman Bratton to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 5-0 voice vote. D-2) Special City Council Minutes -June 29, 2009 Motion offered by Councilman Bratton, seconded by Councilman Gilbert to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 5-0 voice vote. D-3) Regular City Council Minutes -July 8, 2009 Motion offered by Councilman Williams, seconded by Councilman Bratton to approve the minutes, with necessary corrections if any. This motion passed and carried by a 5-0 voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Manager Crew asked to have Item K-3 moved forward on the agenda to be considered after Item I-2) Moved by Councilman Williams, seconded by Vice Mayor Watson to pull Item J-4) from the Consent Agenda. There being no discussion this motion passed and carried by a 6-0 voice vote. Regular City Council Minutes July 22, 2009 Page 1 Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to pull Item J- 15 from the Consent Agenda. There being no discussion this motion passed and carried by a 6-0 voice vote. Manager Crew asked that the official Agenda be amended to add the following Item as Item K-4) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GRANTED PICTURES IN SUBSTANTIAL FORM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Councilman Gilbert added a presentation as Item F-A. Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to approve the official agenda with the necessary changes. There being no discussion this motion passed and carried by a 6-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-A) Councilman Gilbert -Proclamation -Miami Gardens Track Club Councilman Gilbert along with members of the City Council proclaimed Wednesday, July 22, 2009 as Miami Gardens Track Club Day in the City of Miami Gardens. This proclamation was presented to the Miami Gardens Track Club for the members' superior performance while participating in the various track events throughout the United States. F-1) Barbara Terry, Internal Revenue Service Ms. Terry appeared before the City Council to provide information about income tax credit for low to medium income residents. She further stated that the Internal Revenue Service wanted to partner with municipalities and organizations to do free income tax filings. She further provided information about the $8,000 Income Tax Credit for first time home buyers. F-2) Councilman Melvin L. Bratton -Miss Miami Gardens 2009 Ula Zucker, Media and Special Events Coordinator appeared before the City Council to introduce Ms. Rosie Justilien, Miss Miami Gardens for 2009. Rosie Justilien, Miss Miami Gardens appeared before the City Council to expound on her experiences while participating in the Miss Florida Pageant. She thanked the Council and the City of Miami Gardens for this invaluable opportunity. F-3) ~ r~~ v,,....;+., ,.r,.~~,.,, _ Danny Crew, City Manager -Employee of the Month Manager Crew announced the recipients of the Employee of the Month as follows: Kevin Yearby, Recreation Supervisor as Employee of the Month for October 2008; Thorshan Williams, Recreation Aide as Employee of the Month for March 2009, and Tarsha Harper, Permitting and License Clerk as Employee of the Month for June 2009. Regular City Council Minutes July 22, 2009 Page 2 (G) PUBLIC COMMENTS Jessica Judith, Commission Aide to County Commissioner Barbara Jordan appeared before the City Council to announce Commissioner Jordan has installed a hotline for the residents of District 1 to call and voice their concerns about the County's proposed budget. That hotline number is 305-375-1689. She further announced that Commissioner Jordan is holding a community meeting to discuss that proposed budget. The meeting is scheduled for Tuesday, August 11, 2009, at the North Dade Regional Library beginning at 6:00 p.m. Additionally, a free mobile health clinic will be stationed at the North Dade Regional Library on July 24, 2009 from 9:00 a.m. to 3:00 p.m. Parents wishing to partake of this free service for their children can make arrangements by calling 305-243-6005. Dr. Lester Brown appeared before the City Council to congratulate the participants of the Miami Gardens Track Club for their outstanding performances. He encouraged the men to be strong role models for our young men. Sharon Frazier Stephens, 145 NE 193`d Street, Miami, Florida, appeared before the City Council to commend residents for their community involvement. She further commended Chief Boyd for doing a wonderful job. Ms. Johnson appeared before the City Council to ask about Miami-Dade County's initiative with the homeless issue as it relates to the City of Miami Gardens. Mayor Gibson shared she had seen a news broadcast indicating that Miami-Dade County was looking at the closed corrections facility on State Road 9, as a possible site for the homeless. That location is not in the boundaries of the City of Miami Gardens. She suggested that Ms. Johnson take advantage of the Hotline number provided by County Commissioner Barbara Jordan's aide provided earlier. Evelyn Peters appeared before the City Council to express concern with one of the industries within the City of Miami Gardens that had qualified for a tax refund by Miami-Dade County. She said this particular industry was not named when identified, the only reference was confidential. She shared that after doing some research she discovered this particular industry manufactures weapons. She said this particular industry is planning to expand its operations. She stated that she has a problem with that expansion. Miami-Dade County had voted in favor of this tax refund because this expansion would bring additional jobs and the fact that this industry did not make assault weapons. However, this industry does make assault weapons for the United States Army, as well as weapons for our various law enforcement entities. She said her concern is that this industry is planning on expansion, and the City's police department is working very hard on gun control. Herbert Aiden, CEO of Aiden Community Development appeared before the City Council to share that a survey was conducted as to whether seniors were getting quality music. Therefore, his organization decided to take the challenge to provide the type and quality of music seniors are accustom to from his high school years. This music can be heard Mahogany Grille. Regular City Council Minutes July 22, 2009 Page 3 Mayor Gibson announced that a Town Hall Meeting will be held on Thursday, July 30, 2009, at Florida Memorial University to provide information on the Federal Stimulus Packet. She encouraged everyone to come out to this very informative meeting. Furthermore, Daniel Rosemond, starting in August on Tuesdays from 2:00 p.m. -5 p.m., and Fridays from 9:00 a.m. to 12 noon, individuals can come to City Hall to meet with staff from the Community Development Department to discuss any questions and issues they may have about the stimulus program. (H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A FLOOD PLAIN MANAGEMENT ORDINANCE, AS ATTACHED HERETO IN EXHIBIT "A"; PROVIDING FOR FINDINGS OF FACT, PURPOSE AND OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATIONS AND STANDARDS; PROVIDING FOR VARIANCE AND APPEALS PROCEDURES; PROVIDING FOR PENALTIES; 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) Manager Crew explained this establishes the City of Miami Gardens Flood Plain. Initially the City of Miami Gardens utilized Miami-Dade County's Ordinance. This ordinance is specifically designed for the City of Miami Gardens. Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to adopt this item on first reading. There being no discussion, the motion to adopt on first reading passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE N0.2009-18-190 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Regular City Council Minutes July 22, 2009 Page 4 MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF FOUR MILLION DOLLARS ($4,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA LAND ACQUISITION AND IMPROVEMENT REVENUE BONDS NOT TO EXCEED FOUR MILLION DOLLARS ($4,000,000); 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) (1sT Reading -July 8, 2009) Manager Crew explained this is the second reading of the proposed bond issue for the property the City anticipates purchasing for its Senior Citizen Programs. 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 Vice Mayor Watson, seconded by Councilman Campbell to adopt this ordinance. Councilman Williams stated he initially supported this item. He opined the acquisition of land is a good thing. He asked about the appraised value. Manager Crew said the appraisal is approximately $6.00 per square foot. Councilman Williams conveyed reservations. He said as a real estate attorney he did not know, in the long run, whether these land acquisitions will provide the kind of land value being anticipated. He said he supports this in principle, but was not sure about the land acquisition portion. Manager Crew said this is a 13 acre site appraised at 5 Million Dollars. He said this is approximately of what the City paid for the piece of property on the other side of the Turnpike for Rolling Oaks Park. There being no further discussion, the motion to adopt this ordinance passed and carried by a 5-1 vote. Councilman Campbell: Yes Councilman Gilbert: Yea Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Councilman Williams: No Councilman Bratton: Yes Mayor Gibson: Yes Regular City Council Minutes July 22, 2009 Page 5 ORDINANCE N0.2009-19-191 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF NINE MILLION DOLLARS ($9,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO EXCEED NINE MILLION DOLLARS ($9,000,000); 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) (1St Reading -July 8, 2009) Manager Crew shared this is approximately 47 acres in the Town Center of Miami Gardens. The price is approximately $6.00 a square foot. It includes both residential and commercial property. The commercial property as part of this deal would be immediately deeded to the City. There is no restriction to prohibit the City from turning around and putting this property back on the market. The appraisal on the commercial portion is approximately 2.4 Million Dollars. The balance of the property is zoned residential, and has DRI approval. As part of this transaction, seven acres will be deeded back Cornerstone for Senior Housing. The proposal is Cornerstone would pay the debt service on the bond issue. Cornerstone would come back later to Council with an option to repurchase the property, which is similar to the Warren Henry proposal. The appraised value is 12 Million Dollars. Mayor Gibson opened the floor for the public hearing. Charles Johnson, 8390 NW 13th Avenue, Miarni, Florida, appeared before the City Council to express his views about the unprecedented drop in property values. He asked whether the appraisal was available. Manager Crew in response to Mr. Johnson's inquiry said the appraisal is available in the Office of the City Clerk, as well as the City Manager's office. He said there are two appraisals; one for the major portion (40 acres) and a second one on the two acres to be given to the City (2.4 acres). Mayor Gibson suggested that the City Manager meet with Mr. Johnson to answer any specific questions he might have. There being no other interested parties to speak on this item, the public hearing closed. Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to adopt this ordinance. Regular City Council Minutes July 22, 2009 Page 6 Councilman Williams echoed his same concerns as with the previous item. There being no further discussion, the motion to adopt this item passed and carried by a 5-1 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Councilman Williams: No Councilman Bratton: Yes Councilman Campbell: Yes Mayor Gibson: Yes RESOLUTION N0.2009-136-1081 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE EXCLUSIVELY WITH THE MIAMI GARDENS TOWN CENTER LLC FOR THE DEVELOPMENT AND CONSTRUCTION OF THE MIAMI GARDENS TOWN CENTER; GRANTING THE CITY MANAGER 120 DAYS TO NEGOTIATE A SUITABLE PROPOSAL; DIRECTING THE CITY MANAGER TO BRING THE FINAL PROPOSAL BEFORE THE CITY COUNCIL FOR FINAL APPROVAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew recounted several years a~o the Council approved a vision for the Town Center of Miami Gardens, in the area of NW 27t Avenue between 174'" - 191St streets. At that time there was a lot of discussion and the thought was that the Town Center was not going to be built by the government. The city does not have the funds, resources nor does it control the properties. Manager Crew stated an unsolicited proposal has come in from a group, which has control of the properties between 183rd - 187th Streets and NW 27th Avenue, on the eastside. This group has put together a proposal to do a joint venture between their property and the City's property (Wachovia Bank -future City Hall site). This proposal would consist of the developer building the City Hall complex as well as residential units and commercial buildings. He said to have someone come in and is willing to invest hundreds of millions of dollars in our downtown area is certainly worth looking at. He said he was asking the Council to authorize him to negotiate exclusively with the Miami Gardens Town Center LLC, over the next six months to ascertain whether it is to the City's best benefit for this group to develop and construct the Miami Gardens Town Center. Motion offered by Vice Mayor Watson, seconded by Councilmen Bratton and Gilbert to approve this item. Regular City Council Minutes July 22, 2009 Page 7 Councilman Bratton inquired about the owner of the Mobil Gas Station. Manager Crew said the Miami Gardens Town Center LLC has not been able to acquire the Mobil Gas Station. Councilman Williams said he was a little troubled because the Council is simply going to award this group a no bid contract. He said from his experience with other municipalities there is an RFP process and a bid is awarded. He said he has reviewed the proposal and acknowledged that this group has some interesting ideas. He said he did not see any provisions or information about financing. He opined there is a great deal more due diligence that needs to be done, as well as a bid process. Manager Crew in response to Councilman Williams' concerns said some of those same things are of a concern to him that is why he is proposing a six month process. He said no one else could make a proposal because no one else owns those properties. As to what the developer do with the City and a City Hall complex would be the topic of discussion. The financing and everything to do with that will also be discussed. Manager Crew emphasized if you want a City Hall it is going to cost money. The debt service is going to cost approximately 1.5 Million Dollars a year more than what the City pays for the facility City Hall is currently housed in. There being no further discussion, the motion to approve this item passed and carried by a 5-1 vote. Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Councilman Williams: No Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Mayor Gibson: Yes (J) CONSENT AGENDA RESOLUTION N0.2009-137-1082 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN ANDRE' WILLIAMS' APPOINTMENT OF ANEEL MAHARAJ TO THE CARIBBEAN AFFAIRS COMMITTEE FOR ATWO-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY COUNCILMAN WILLIAMS) Regular City Council Minutes July 22, 2009 Page 8 RESOLUTION N0.2009-138-1083 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS IN ORDER TO TAKE OWNERSHIP OF THAT CERTAIN PROPERTY LOCATED AT 1401 NORTHWEST 183RD STREET; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-139-1084 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE GLOBAL WARMING BILL AND THE FEDERAL GOVERNMENT'S EFFORTS TO REDUCE TOXIC EMISSIONS AND GLOBAL WARMING; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION N0.2009-140-1085 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A RESOLUTION AMENDING THE CITY OF MIAMI GARDENS' 2007-2010 LOCAL HOUSING ASSISTANCE PLAN TO INCLUDE THE FLORIDA HOMEBUYER OPPORTUNITY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-141-1086 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE 4TH PROGRAM YEAR ANNUAL ACTION PLAN FOR SUBMITTAL TO THE U.S. HOUSING AND URBAN DEVELOPMENT AGENCY FOR RECEIPT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-142-1087 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER TO THE CITY'S EXISTING CONTRACT WITH N & J CONSTRUCTION CORPORATION, IN AN AMOUNT NOT TO EXCEED ONE MILLION SEVEN HUNDRED THIRTY-ONE THOUSAND THREE Regular City Council Minutes July 22, 2009 Page 9 HUNDRED FIFTY-EIGHT DOLLARS ($1,731,358.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-143-1088 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR SHIRLEY GIBSON'S APPOINTMENT OF EVELYN P. MOSLEM TO THE PARKS AND RECREATION ADVISORY COMMITTEE FOR A TWO-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION N0.2009-144-1089 J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH MIAMI- DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM, ALONG WITH ACCOMPANYING DOCUMENTS IN SUBSTANTIAL FORM AS THOSE DOCUMENTS ATTACHED HERETO AS EXHIBIT A; AUTHORIZING A MATCH OF FUNDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-145-1090 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000.00) TO STRAIGHTLINE ENGINEERING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-146-1091 J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE CITY OF MIAMI GARDENS HOUSING POLICIES ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes July 22, 2009 Page 10 RESOLUTION N0.2009-147-1092 J-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESCHEDULING THE SEPTEMBER 9, 2009 AND SEPTEMBER 23, 2009 MEETINGS TO SEPTEMBER 8, 2009 AND SEPTEMBER 21, 2009, RESPECTIVELY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY CLERK) RESOLUTION N0.2009-148-1093 J-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESCHEDULING THE NOVEMBER 11, 2009 MEETING TO NOVEMBER 10, 2009; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) RESOLUTION N0.2009-149-1094 J-14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR CONSTRUCTION OF THE POLICE DEPARTMENT CRIME SCENE ANALYSIS LAB TO RANCO CONSTRUCTION CORP. OF SOUTH FLORIDA, IN THE AMOUNT OF $82,200.00; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH RANCO CONSTRUCTION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-150-1095 J-16) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF LAND ACQUISITION AND IMPROVEMENT REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF FOUR MILLION DOLLARS ($4,000,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF PURCHASING LAND FOR, PURCHASING AND RENOVATING EXISTING FACILITIES FOR, AND FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO FOR, THE SITES OF A SENIOR CENTER, PARK, AND OTHER PUBLIC FACILITIES, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO BANK OF AMERICA, N.A.; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO Regular City Council Minutes July 22, 2009 Page 11 THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-151-1096 J-17) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF TAXABLE LAND ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING NINE MILLION DOLLARS ($9,000,000) FOR THE PURPOSE OF FINANCING THE COSTS OF PURCHASING CERTAIN PROPERTY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO BANK OF AMERICA, N.A.; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to adopt the Consent Agenda. There being no discussion this motion passed and carried by a 6-0 voice vote. (K) RESOLUTION(S) RESOLUTION N0.2009-152-1097 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, TERMINATING THE CITY-WIDE FINANCIAL LITERACY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Williams clarified this resolution to terminate acity-wide financial literacy program. He reminded everyone of the economic crisis being experienced in Miami Gardens, which has a very high foreclosure rate. The State of Florida has the third highest foreclosure rate in the country. Miami Gardens has an unemployment rate of 11%. Poor financial literacy has contributed to our foreclosure crisis. He said he was glad to see that the vendor awarded the contract withdrew because he did not think they were qualified to render the kind of services the City was asked for. It is has been seen that we can be successful in a grass roots effort. He Regular City Council Minutes July 22, 2009 Page 12 shared that he has hosted a number of foreclosure clinics and helped a number of people like senior citizen Lillian Taylor who was successful in reducing her mortgage to over $539.00 a month, who was certainly looking forward to the Financial Literacy Program. She would have benefited from the program. He said in his mind a vote to terminate the Financial Literacy Program is a vote against our residents; a vote against helping our residents through this financial crisis. He opined this matter should be put out for bid and secure a qualified vendor who can actually do the work. He said now is not the time to give up on our residents through this financial crisis. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to approve this item. There being no further discussion the motion to approve this item passed and carried by a 4-2 vote. Councilman Williams: No Councilman Bratton: No Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Vice Mayor Watson: Yes Mayor Gibson: Yes J-15) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST THAT CERTAIN AGREEMENT WITH DOUBLE ACT PRODUCTION COMPANY; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) Councilman Gilbert asked whether consideration has been given, if an arrest is made, that that film can be subpoenaed by the defense attorney, and civil attorneys who will sue the City. Deputy Chief Paul Miller appeared before the Council to respond to Councilman Gilbert's inquiry. He said all those things are possibilities. He said the City Attorney reviewed the document and all of those issues were taken into consideration. He said the fact that the City would be working with another agency doing these filming. He said there are a lot of checks and balances and staff feels very comfortable with the way the City's police department as well as the other agency is doing things. Mayor Gibson stated after reading the item one of the things mentioned is that staff wanted to move forward with this because of the relationship the police department has with Miami-Dade County SWAT Team, which has an agreement with this production company. She asked whether this would impede the City's relationship with Miami-Dade's SWAT Team, if Regular City Council Minutes July 22, 2009 Page 13 the City did not enter into this agreement. Deputy Chief Miller explained Double Act has an agreement with Miami-Dade SWAT Team. They have come to the City to ask to use the City of Miami Gardens' name, our officers (some have been filmed taking care of some children on a scene). They would still be able to use that footage as part of Miami-Dade, exclusive of the City's participation. They can still mention City of Miami Gardens as part of their agreement with Miami-Dade because of the signed agreement and the fact that they are operating within their jurisdiction in Miami-Dade County. They would not have the City's participation as far as our officers being in the film, using any images with the City of Miami Gardens uniforms, etc. Mayor Gibson asked whether the City sends it officers to work with Miami-Dade County SWAT. Deputy Chief Miller in response to Mayor Gibson's inquiry responded, "No, we do not" Mayor Gibson asked why is this item before the Council if the City of Miami Gardens can be mentioned while filming aMiami-Dade County SWAT operation in the City. Attorney Dickens in response to Mayor Gibson's inquiry said this agreement is before the Council because City of Miami Gardens' officers will be involved. Councilman Gilbert commented, the City will be using Miami-Dade County SWAT service no matter what. Deputy Chief Miller replied yes. Manager Crew said our police department would not be the primary in these operations. Our officers would only provide backup such as traffic control, and with the case previously filmed, one of our officers helped with the children while the operation was going on. Mayor Gibson said there is the other image to be concerned with. She said she did not see television SWAT operations in the City of Miami Gardens as a great image for the city. Councilman Gilbert expressed concern with the possibility of someone getting killed while filming a SWAT operation in the City, and asked why publicize that. Mayor Gibson said this production would be shown around the world. She reiterated that she is very concerned about the image of this City. She said any time something negative happens within the City, the perception from the outside is that the City is not safe. Councilman Campbell asked currently, what are the roles of our police officers when Miami-Dade SWAT is conducting an operation without our boundaries. Deputy Chief Miller said typically it is a Miami Gardens Police Investigation that is being conducted. The only reason the City use Miami-Dade SWAT is uses is because the City Regular City Council Minutes July 22, 2009 Page 14 does not have those resources. The City's Detectives would build a case, prepare a search warrant utilizing the State Attorney's Office and a Circuit Court Judge. The Miami Gardens Police Department would schedule with Miami-Dade SWAT to have a team in place. A whole series of checks and balances would be conducted to ensure everything is being done appropriately, safely and adequately. The Miami-Dade Police Department is then responsible for what is called the inner perimeter. They would actually go into the home, and have the immediate vicinity surrounding the house. The City's officers would be standing by making sure no innocent person would wonder into the situation. Once everything is secure and there is no more threat, the initiating officers (City of Miami Gardens) will take over the scene, process any arrest, seize any drugs, etc. Councilman Campbell said with that particular scenario, that would happen whether this item was approved or not. Deputy Chief Miller said the only thing different, if this agreement was in place would be that our officers would be interviewed and have some part in the filming. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to approve this item. Councilman Campbell commented whether we approve this item or not, with the typical scenario mentioned would happen regardless. Secondarily, what this seems to do is give permission to show our police cars with embalm, badges and patches rather than blocking them out. Attorney Dickens shared that the City would also have final review and approval at to what will be aired on television. Councilman Gilbert asked what type of show is this. Deputy Chief Miller said this is a COP reality show. Councilman Gilbert said he did not see how this works for the City. If this is a reality show, dealing with police matters, they would want to air situations with drama, and not situations with happy endings. With that said, he did not feel that the City of Miami Gardens would not have final say as to what is to be aired. Councilman Campbell reiterated Miami-Dade County is going to do this regardless. Since the City does not have its own SWAT Team, which requires the use of Miami-Dade County's the filming will be done anyway. Mayor Gibson asked Deputy Chief Miller if he knew whether other municipalities that use Miami-Dade SWAT have signed a similar agreement. Deputy Chief Miller said he did not know would try and find out. Regular City Council Minutes July 22, 2009 Page 15 Mayor Gibson asked whether the approval of this agreement would have any bearing on Miami-Dade SWAT providing service to the City. Deputy Chief Miller in response to Mayor Gibson's inquiry replied no. Mayor Gibson commented if this has no significance on the service being provided to the City, she did not understand why this item was before the Council. Attorney Dickens clarified Miami-Dade County did not bring this agreement it was the production company. Deputy Chief Miller clarified this agreement is to allow our officers who initiate the investigation to participate actively in the filming, by having their pictures taken, being interviewed, taking pictures with the evidence seized. He opined this could be a positive thing to show what the City is doing differently now that the City has its own police department, to make this a safer community. This agreement would allow those officers to take that message forward on behalf of the City. Mayor Gibson reiterated that she wanted to know whether other municipalities that utilize Miami-Dade SWAT had signed such an agreement and if so, under what conditions. Councilman Bratton asked whether this was a pilot program. Deputy Chief Miller said he did not think this production would be aired in the United States but rather in Great Britain. Councilman Bratton concurred with Mayor Gibson's and stated he wanted to find out if other municipalities were involved before he voted on this item. Councilman Williams conveyed his understanding of this concept and voiced his support. Vice Mayor Watson expressed concern with the image of our community. She opined the City has done a lot to advance the City in a positive light. She said when we start entering into agreements with production companies we are putting our destiny in the hands of someone else. She said she would like to know what type of program this is going to be. Deputy Chief Miller said the title of the show is Miami SWAT. The show places emphasis on high profile search warrants. Councilman Gilbert said he would like to see the show and get some information about it before he can make a decision. Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to pull this item from the agenda. There being no discussion, the motion to pull this item passed and carried by a 6-0 voice vote. Regular City Council Minutes July 22, 2009 Page 16 RESOLUTION N0.2009-153-1098 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPOINTING OLIVER G. GILBERT III TO SERVE AS VICE-MAYOR FOR A TERM OF TWO (2) YEARS EFFECTIVE JULY 22, 2009; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY MAYOR SHIRLEY GIBSON) Mayor Gibson thanked Vice Mayor Watson for her service as Vice Mayor for the past two years. Mayor Gibson passed the gavel to Vice Mayor Watson, then offered a motion to amend the resolution by nominating Councilman Oliver G. Gilbert III, as the next Vice Mayor to serve for a two year term. This motion was seconded by Councilman Campbell. There being no discussion this motion passed and carried by a 6-0 vote. Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Not present Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes Vice Mayor Watson: Yes Once the vote was taken Councilwoman Watson relinquished the gavel to Mayor Gibson. RESOLUTION N0.2009-154-1099 K-2) A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING THE PROPOSED MILEAGE RATE FOR FISCAL YEAR 2009-2010 WITH THE ROLLED-BACK RATE; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILEAGE RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained this resolution sets the maximum millage at this time. During the budget hearings in September the Council will consider a final millage. The proposed budget for FY 09/10 has been completed utilizing the state's rollback rate. Each year the state requires municipalities to only collect as much tax money as collected the year before. If a municipality wanted to collect more tax money than the year before an ad has to be published in the newspaper announcing the City's intentions to raise taxes. Therefore, generally municipalities Regular City Council Minutes July 22, 2009 Page 17 use the rollback rate and build their budget around that. By doing that, this is not considered to be a tax increase, even though the millage may change. Sometimes that millage rate may go down and sometimes it may go up. This time it will be going up a little bit. Motion offered by Vice Mayor Gilbert, seconded by Councilman Campbell to approve this item. There being no discussion, this motion passed and carried by a 6-0 voice vote. K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GRANTED PICTURES IN SUBSTANTIAL FORM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Deputy Chief Miller explained the police department was approached last week by a subsidiary of FOX Television to do a reality show. Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to pull this item. There being no discussion the motion to pull the item passed and carried by a 6-0 voice vote. (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) City Manager's Monthly Report Manager Crew explained in the back of the proposed budget book is approximately ten pages of definitions. He asked that the Council utilize the definitions outlined on those pages to familiarize themselves with the various terminologies used in the budget. (M) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Bratton asked how many Red Light Cameras were currently in operation within the City and at what locations. Manager Crew said currently there are five Red Light Cameras in operations. The locations are northbound on NW 27t" Avenue and 183`a Street; NW 2na Avenue (441) and 183`a Street, all four directions (north, south, east and west). Two additional Red Light cameras will be installed at: northbound on NW 27t" Avenue and 211t" Street and northbound on NW 183`a Street and 17~" Avenue. Vice Mayor Gilbert asked whether notification would be provided prior to issuing tickets at these new locations. Manager Crew said the City will be publishing these new locations in the newspaper. In addition, signage will be posted. Regular City Council Minutes July 22, 2009 Page 18 Mayor Gibson announced the Council will be in recess for the month of August. Vice Mayor Gibson thanked Mayor Gibson for her nomination and the Council for ratifying that nomination and appointment him as Vice Mayor. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC There was none. (O) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made by Councilman Bratton, seconded by Councilman Campbell the meeting adjourned at 9:15 p.m. Attest: ~f~ ~ ~ Ronetta Taylor, MMC~;,~' ity Clerk S Gibs n, Mayor Regular City Council Minutes July 22, 2009 Page 19