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July 8, 2009CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 8, 2009 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, July 8, 2009, beginning at 7:20 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., Andre Williams, Sharon Pritchett and Oliver G. Gilbert III. Vice Mayor Watson was out of town. Councilman Bratton was out of town attending the Miss Florida Pageant. Manager Crew informed the Council members that Vice Mayor Watson has requested to participate by telephone. He said the Council has allowed this before however, a vote of the Council is required to allow this. Councilman Williams conveyed appreciation of Vice Mayor Watson's enthusiasm. However, there is a quorum for this meeting. Mayor Gibson stated participating in a meeting by telephone does not constitute a quorum. Councilwoman Pritchett asked if there were any rules or procedures in place to address this. She said the Council did allow participation via telephone with the Late Councilwoman Audrey J. King, who had some medical challenges. She said she did not know why Vice Mayor Watson is out of town however, there have been other council members who have been out of town on City business. Those council members did not have the opportunity to be participatory. She inquired about the perimeters for honoring such a request. Attorney Dickens said in the Late Audrey King's situation she had prepared a memorandum to that effect. She stated the law says that it is up to the Council. However, the Council needs to find that there are certain circumstances that warrant it. In the case of the late Councilwoman King, the Council found that due to medical conditions she could not appear in person. She said the Council also has to determine if there are specific reasons Vice Mayor Watson's presence is required. Councilwoman Pritchett thanked Attorney Dickens for her comments. She concurred with comments made by Councilman Williams relating to the fact that a quorum already exists. She asked what would be the value. Councilman Gilbert opined in order for the Council to make a decision someone needs to tell the Council why Vice Mayor Watson is not here. Regular City Council Minutes July 8, 2009 Page 1 Manager Crew said he did not know but could call her to find out. Motion offered by Councilman Williams, seconded by Councilman Gilbert to excuse Vice Mayor Watson from meeting. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to excuse Councilman Bratton from the meeting. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Councilman Gilbert delivered the Invocation. (C) PLEDGE OF ALLEGIANCE The Pledge was recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes -June 10, 2009 Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to approve the June 10, 2009 minutes. This motion passed and carried by a 5-0 voice vote. D-2) Regular City Council Minutes -June 24, 2009 Clerk Taylor asked for a deferral on the June 24, 2009. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to pull Item J-1 from the Consent Agenda. This motion passed and carried by a 5-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Watson to pull Item J-3 from the Consent Agenda. This motion passed and carried by a 5-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to pull item J-9 from the Consent Agenda. This motion passed and carried by a 5-0 voice vote. Manager Crew asked to move Item K-1 to be heard after Item H-1. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to approve the Official Agenda, with the necessary changes. This motion passed and carried by a 5-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Charter Revision Commission Recommendations to City Council Natalie Oce, Chair of the City of Miami Gardens Charter Revision Commission appeared before the Council to expound on the proposed Charter amendments recommended by the "Commission" as follows: Regular City Council Minutes July 8, 2009 Page 2 Section 2.2 There shall be a City Council (the "Council") vested with all legislative powers of the City1 including the right to hire staff persons to assist the City Council in its legislative affairs. The Council shall consist of the Mayor, and six Council members ("Council members"). References in this Charter to the Council and/or Council members shall include the Mayor, unless the context dictates otherwise. Section 3.3 The Manager shall: (1) Be responsible for the appointing, hiring, promoting, supervising and removing of all City employees, except the City Attorney, the City Clerk, and all employees of the Office of the City Attorney tall employees of the Office of the City Clerk, and employees of the City Council. Section 5.2(D) (D) Procedure for filing. (1) Certificate of Clerk: Amendment. Within 20 calendar days after an initiative Petition is filed or within five business days after a referendum Petition is filed, the City Clerk shall complete a certificate as to its sufficiency ("the Certificate"). If insufficient the Certificate shall specify the particulars of the deficiency. A copy of the Certificate shall be promptly sent to the Committee by registered mail. Grounds for insufficiency are only those specified in subsection (C) of this Section. A Petition certified insufficient for lack of the required number of valid signature may be amended once if the Committee files a notice of intention to amend it with the City Clerk within two calendar days after receiving the copy of the Certificate and files a Supplementary Petition ("Supplementary Petition") with the City Clerk with additional valid signatures within ten calendar days after receiving the copy of such Certificate. Such Supplementary Petition shall comply with the requirements of subsection (C) of this section. Within five business days after a Supplementary Petition is filed, the City Clerk shall complete a Certificate as to the sufficiency of the Petition as amended ("Amended Petition") and promptly send a copy of such Certificate to the Committee by registered mail. If a Petition or Amended Petition is certified sufficient, or if a Petition or Amended Perdition is certified insufficient and the Committee does not elect to amend or request Council review under paragraph (2) of this subsection within the time required, the City Clerk shall promptly present his/her certificate to the Council and such Certificate shall then be a final determination as to the sufficiency of the Petition. The Clerk shall be required to verif all signatures required by this section with the Miami-Dade County Supervisor of Elections. Section 6.2(B) The Commission shall consist of five persons including one from each of the four Residential Areas. One appointment shall be made by the Mayor and each Residential Council member. In addition, the Mayor shall appoint one person to the Commission who is the Vice-Mayor or Council member who is serving a second consecutive term, who shall serve as anon-voting Commission member. In the event a second term Vice-Mayor or Council member is not serving, the Mayor may appoint a sitting Vice Mayor or Council member. The Mayor, City staff, and Council members other than the nonvoting member referenced above, shall not be eligible for appointment to the Commission. The Commission shall commence its proceedings within 45 Regular City Council Minutes July 8, 2009 Page 3 calendar days after appointment by the Council. PROVISIONS THE "COMMISSION" VOTED NOT TO AMEND • 1.2 Form of Government -The Commission determined that the form of government is sufficiently clear in the Charter • 2.1(a)(3) -Amendments to Council Committees -The Commission determined that no amendments were necessary because the City Council has discretion to determine whether to appoint laypersons to Committees of the Council. • 2.6 Compensation/Reimbursement of Expense (Mayor and Council) -The Commission determined that no changes need to be made at this time to this provision. • 3.2 City Manager Residency Requirement -The Commission determined that no changes need to be made at this time to this provision. • 2.3(e)- Clarification on definition of term -The Commission determined that no amendments need to be made to clarify that "term" for purposes of term limits, means a complete term, and does not refer to instances when a person fills an incomplete term. • 2.3(e) -Amendments to Term Limits- The Commission determined that no amendments needed to be made to this provision. • 5.1 Election Dates -The Commission determined that since this provision was already amended by Ordinance that no changes are required. Mayor Gibson thanked Ms. Oce as well as the rest of the Charter Revision Commission members for their due diligence in this process. Councilman Campbell too conveyed his appreciation of the "Commission" and their hard work. Attorney Dickens commended the "Commission" for doing an excellent job. She shared that the members really took their responsibility serious. Ms. Oce also provided opportunities for everybody to be heard including those present in the audience. F-2) Chief Boyd -Miami Gardens Police Department Monthly Report Deputy Chief Miller appeared before the City Council Officer of the month, Captain Antonio Brooklyn and Sgt. Tim Adams for exemplary supervisory skills and leading by example. Joanne Brady, CSI Investigator was recognized as Civilian of the quarter for her work ethics and professionalism. Councilman Campbell asked for a comparison and whether the CSI services have improved since the City has taken over this service. Regular City Council Minutes July 8, 2009 Page 4 Deputy Chief Miller said as compared to when this service was being provided by Miami- Dade County, it would take two to three days before a Crime Scene Tech would come out. Since the City of Miami Gardens has taken over this service, a response is made within two (2) to three (3) hours. Not only is the service being provided the same day, but within hours. Councilman Williams asked how does the fact that Ms. Brody is a civilian investigator as opposed to a detective (sworn officer) work. Deputy Chief Miller explained even though the CSI staff is civilian, they possess expertise that some law enforcement officers do not possess. Councilman Williams asked on behalf of any one that might be interested in this profession, what type of training is required to be a CSI Investigator. Deputy Chief Miller in response to Councilman Williams said there is specific accreditation involved through college courses and technical school. Councilwoman Pritchett asked for clarification purposes, if a CSI Investigator witnessed a crime in progress, they would have to call an officer to the scene. Deputy Chief Miller said the CSI Investigators are equipped with emergency band radios. However, most of the CSI Investigators work directly with the officers on site. Deputy Chief Miller said the Police Department has instituted one other award entitled "Unit of the Quarter", which was given to the Crime Suppression Team Two. He introduced members of this "Team" as follows: Steve Kolovkowsky, Barbara Palmer, Jean St. Luis, Onosis Perdomo, Terrance Barmore and James Harris. Deputy Chief Miller stated for June 2009, crime is up by 5% as opposed to May 2009. This is due in a large part to residential, commercial and vehicle burglaries. This is similar to last year and the beginning of the summer when juveniles start hanging out. The police department is presently doing a study to see what is happening with those juveniles that are continuously getting arrested. He said this study, as it relates to habitual offenders will be provided to the State Attorney's Office. The reason for this is that the police department is trying to ascertain why these habitual offenders keep getting out and repeating these crimes. Deputy Chief Miller said crime was down June 2008 compared to June 2009 by nineteen (19%) percent. Year-to-date compared to 2008 to 2009 the City is negative twenty (20%) percent. Arrests were up by thirty (30%) percent, with significant increases in burglary arrests, thefts, and aggravated battery. The Special Operations United did an exceptional job this month with 287 arrests. The Money Laundering Taskforce, which the City is a part of seized 2.7 Million Dollars. This brings the total this year to over 6.7 Million Dollars. Deputy Chief Miller reported on the success of Operation Falcon, which was conducted by the US Marshal Services was conducted within the City of Miami Gardens for aone-week Regular City Council Minutes July 8, 2009 Page 5 period. There were fifteen (15) felony arrests; thirteen (13) misdemeanor arrests. He further stated a very lucrative drug operation was shut down. He further shared various police information can be found on the police department's website at www.miamigardenspolice.or~. Councilwoman Pritchett thanked Deputy Chief Miller for providing the information identifying the type of accidents occurring at the five intersections in Miami Gardens, most prone to accidents. Councilwoman Pritchett referenced to the increase in burglaries and asked for clarification purposed if the contributing factor, as stated by Deputy Chief Miller was juveniles. Deputy Chief Miller said there are a lot of juveniles committing the residential burglaries. Many are repeat offenders. Councilwoman Pritchett asked to be provided with the statistical information supporting this finding. Councilman Williams inquired about the dates and times of the residential and commercial burglaries. He shared for the information provided by the police department it would appear more activity is recorded on Mondays and Tuesdays. Deputy Chief Miller in response to Councilman Williams' question said Mondays, Tuesdays, and Wednesdays are busy days. He further explained more robberies occur Thursdays, Fridays and Saturdays. He said the police department takes these statistical comparisons for tracking purposes. The police department has found when one issue is addressed, it reverts to something else; another day for crime. He said the information outlines in the charts and graphs provide assistance for police department's every two-week meeting, which is utilized to try and get a head of these crimes. F-3) Proclamation -Parks and Recreation Month Mayor Gibson presented a proclamation to Kara Petty, Interim Parks and Recreation Director, proclaiming the month of July as Parks and Recreation Month. F-4) GFOA Distinguish Budget Award City Manager Crew presented the Council with the 2008 GFOA(Government and Financial Officers Association) Distinguished Budget Presentation Award. (G) PUBLIC COMMENTS Dr. Charles Fisher, Principal of Beacon Hill Preparatory School, 15822 SW 14th Street, Pembroke Pines, Florida, appeared before the City Council to introduce himself. He conveyed appreciation and thanks to the City Council for the outstanding work they are doing in the City. He further expounded on the exciting curriculum at Beacon Hill Preparatory School. He further put the Mayor and Council members on notice that he would be calling upon them for speaking engagements at the School. Regular City Council Minutes July 8, 2009 Page 6 Councilman Gilbert thanked Dr. Fisher for the outstanding work he is doing at the school. He further shared that the founder of Beacon Hill Preparatory School recently passed. He expressed condolences, and commended this individual's efforts of providing excellent service to the people of this community. He further shared that his son is participating in the Beacon Hill summer program. Dr. Fisher thanked Councilman Gilbert for his kind words. He said he would let the Executive Director, Susan Hammond know that has well. Mayor Gibson thanked Dr. Fisher for coming to tonight's meeting. She further shared that her son attended Beacon Hill Preparatory School. Betty Ferguson, 1625 NW 188th Terrace, Miami Gardens, Florida, appeared before the City Council to express satisfaction with the police services she received, more particularly with Office St. Luis, professionalism. She informed the Council that the residents do appreciate the way some of the officers conduct themselves. She further thanked the Charter Revision Commission for the wonderful work that they did. She asked whether the proposed Charter revision items would be in the form or resolutions or ordinances. Attorney Dickens said a resolution would be prepared identifying those proposed amendments to the Charter. An ordinance identifying the actual ballot questions would then be adopted by the Council for transmittal to the Supervisor Elections. Ms. Ferguson asked would there be a public hearing portion to this process. Attorney Dickens in response to Ms. Ferguson question replied, "Yes." Ms. Ferguson said in looking at tonight's agenda there are so many items dealing with money, the residents' tax dollars. She conveyed hope that the City Manager would not take this personally. She said would like to look at the money and know where it is going. She said she was not an expert in the financial world, and needed a certain comfort level when there are issues about spending or borrowing that amount of money. Ms. Ferguson emphasized the importance of Council members having independent aides to ask some of those questions. She shared, as the Manager when it comes to that kind of money, as many questions as possible should be raised to give the grass roots residents a comfort level that all questions have been asked and answered and that the money is being looked after very carefully. David Williams Jr., 17640 NW 18th Avenue, Miami Gardens, Florida appeared before the City Council as the Director of Community Relations of the State of Florida Informed Families. He thanked the Council for participating in the largest Red Ribbon Campaign, which takes place the last week in October. Oliver Gross, 16001 East Bunche Park Drive, Miami Gardens, Florida, appeared before the City Council to express concern with motorist running the stop signs in his neighborhood. Regular City Council Minutes July 8, 2009 Page 7 He said there are children walking to school in this area. He further said the streets in this neighborhood have in deplorable condition and not been worked on in decades. He asked if beautification efforts can be directed to this area. Mayor Gibson asked Mr. Gross to communicate with Deputy Chief Miller about the stop signs. Manager Crew commented on the street paving efforts on East Bunche Park Drive and shared this street is the number one priority for improvements. He shared that a request had been made to utilize stimulus money for this purpose; the federal government denied that request because it is not a federal highway. Mayor Gibson asked that Manager Crew contact Mr. Gross with any updates about the street paving of East Bunche Park Drive. Ernest Roberts, 1525 NW 203`d Street, Miami Gardens, Florida, appeared before the City Council to comment on Item K-1. He thanked the City for bringing businesses into the community and for the development of different areas within the City. He suggested, with the purchase of the property identified in Item K-1, the City should make sure it has the financial backing for the development of this, whether it is leased out of development by the City. He said he would like to see more commercial businesses on this property. He discouraged a housing development and opined that type of development would be out of place. He commended the Council for the work they have done so far. Catherine Roundtree, 20765 NW 9th Court, Apt. 106, Miami Gardens, Florida, appeared before the City Council to complain about the ticket she received in the mail relating to a Red Light Camera Violation. She stated that her only source of income is Social Security. She further stated that she is a law abiding citizen and did not go around breaking traffic laws. She said she could not understand why she had received a ticket for $125.00. She said the next month she received another letter with an additional $75.00 being added on to the $125.00. She said she became so stressed out about this and at present is wearing a heart monitor. She said he doctors cannot understand what she is so stressed out. However, she attributed her stress level to the fact that she had received aged-Light ticket. She made reference to an NBC segment on Red-Light Cameras and stated that NBC says this is illegal. Ms. Roundtree said that she is a senior citizen and that her husband has been in a nursing home for three years. Because of that she has been traveling this route home for the past three years, every day, seven days a week. She opined there should be some leniency toward senior citizens. She said a warning should be issued to first time violators. Attorney Dickens said this is not the proper form to address the ticket. She shared there is a Special Master process where a violator has the right to appeal the ticket within a certain period of time. That Special Master is the only individual with authority over this matter. The City Council has no authority as it relates to Red-Light Camera violations. Ms. Roundtree said she did not request a hearing before the Special Master because she Regular City Council Minutes July 8, 2009 Page 8 was told that if she did not win, she would have to pay an additional $60.00. Attorney Dickens said that administrative fee would only be imposed if the Special Master determines that she did in fact run the light. Unfortunately if it is determined that Ms. Roundtree ran the light then she is subject to paying the fine. She stated that even though motorist can make a right turn on a red light, they still are required to stop, by law. She further stated that the City did provide for a warning period. There is also a warning sign posted. She further suggested that Ms. Roundtree contact ATS (American Traffic Solutions) to see if they can work out a payment plan. Councilwoman Pritchett shared that she has noticed the warning signs placed where the Red-Light Cameras are located, however not all are visible, due to other signage. She asked if the warning sign could be placed a conspicuous place. Manager Crew said staff will take a look at this. Unfortunately, the City is not allowed to put its signage on state property. Mayor Gibson shared that she did speak with the City Manager about the possibility of placing a warning sign about stopping on red before making that right turn. Unfortunately the fact that the City cannot place signage on state property was one of the issues that came up. She opined one of the things that happen is when a person does something for so long, they think that it is correct. She reiterated that state law requires that a motorist come to a complete stop before turning right on red. She said if a police officer had issued this ticket, it would be a moving infraction, and there would be points on placed on the driver's license. She said many people have complained that this really is unfair; however, this really is a safety issue. Mayor Gibson commented on comments made by Ms. Ferguson as it relates to the borrowing and spending of money. She said the City Manager did provide detail information, which outlines the City's debt, the percentage of payment and where the payments are coming from to pay the debt service, which includes the bonds. (H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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) Regular City Council Minutes July 8, 2009 Page 9 Manager Crew recounted at the last City Council meeting the Council approved a purchasing contract with the Archdiocese of Miami to purchase 14 acres of land at the NW corner of 183`d Street and 12t" Avenue. This is a tremendous opportunity for the City to not only gets a property, which will essentially be a part of Rolling Oaks, located on the other side of the Turnpike. This property also comes with five buildings, with one of those buildings being turned into a Senior Center. He said there have been discussions previously about acquiring property for a senior center. Through this purchase the City would be able to do that. The City went out to bid. Bank of America put in the best bid. This is a twenty (20) year taxable bond, with an interest rate of approximately 4%. The debt service would be approximately $135,000 per year, which is very easily assumable in the City's budget. Motion offered by Councilman Campbell, seconded by Councilman Williams to adopt this item on first reading. Councilman Williams asked whether the City Manager knew the condition of the five buildings on the property. Manager Crew said the buildings are in pretty good shape. One of the buildings, which dates back to the 1920's would be an ideal place to house the history of the City. Councilman Williams asked if any of the buildings would need to be demolished in order to accommodate the Rolling Oaks expansion. Manager Crew said that there is approximately 10 acres of open land on this site therefore there is no need to demolish any structures. Staff thought this would be a great place to also have a botanical type garden. Councilwoman Pritchett thanked Manager Crew for providing a comprehensive packet of information with this item. She stated "in these economically challenging times every dollar of our city's budget, which includes the residents tax-paying dollars should be explained in a way we all understand how the money is being spent. Even though we realize bonds are loans, and loans have to be paid back, and the residents' tax dollars pay back those loans/bonds whether they are short term loans/bonds or long term loans/bonds. Because the residents foot the bill when it comes to repaying the bonds, which are really loans to her there needs to be a system in place where these bonds, which is actually a loan have a specific identification number assigned to each of those bonds, which is a loan, so residents and members of this Council know which dollars are coming from which bond, which is a loan; what the dollars are being used for, what the balance is on that bond, which is a loan, in addition to the final payment date. " Councilwoman Pritchett opined there needs to be more information so that the Council can understand it better. Residents of the City are concerned residents who want to follow the money; understand it better and there is a feeling of transparency where everyone has the information knows what is going on with the dollars that are being used that are bonds/loans; therefore adding accountability. The reports that have been provided do not adequately provide all the necessary information. She said at this time she is not comfortable voting for these items Regular City Council Minutes July 8, 2009 Page 10 because there is no accountability or transparency. She said when the vote is taken she plans to vote, no. Mayor Gibson stated for clarification any disbursement via accounting purposes does have an accounting number assigned. Manager Crew in response to Mayor Gibson's statement said "Yes." Mayor Gibson asked if those numbers corresponds with payment made or disbursements from the City. Councilwoman Pritchett opined having numbers assigned is good however, it is not good when you do not have a list. For example the 4 Million Dollars bond when the purchase of the property is 3.6 Million. She said there is no documentation to indicate what the City will be spending the additional funds on. Manager Crew said that information is available. However the documentation is voluminous. However, this information is available to the public. Councilwoman Pritchett emphasized the importance of providing this documentation and making it available to the public. Manager Crew said he would work on putting this information on the city's website. Councilman Gilbert opined Councilwoman Pritchett's suggestions could be very helpful. He further opined in order to facilitate true public involvement it probably would have been helpful if the City Manager had those suggestions before the meeting. That information could have been available to the public while this matter was being considered. He shared that he actually takes briefing with staff and ask the City Manager questions prior to the meeting. Councilwoman Pritchett stated for the record that she has on numerous occasions asked for information but never received it. She conveyed appreciation for the efforts of the City Manager in responding to the residents by putting this information on the city's website. Councilman Gilbert said if a Council member made a request to the Manager in private and he does not address that request, then he should be called to task at a public meeting for the public record. He opined however first the City Manager should be given an opportunity to provide that information to the public. He said the Council is her to serve the public, and if the public is not privileged to the same information it is incumbent upon the Council to meet with the Manager prior to the City Council meeting to get clarification or additional information. At the conclusion of this discussion, the motion to adopt this ordinance on first reading, this item passed by a 4-1 vote. Councilman Bratton: Out of town Councilman Campbell: Yes Regular City Council Minutes July 8, 2009 Page 11 Councilman Gilbert: Yes Councilwoman Pritchett: No Vice Mayor Watson: Out of town Councilman Williams: Yes Mayor Gibson: Yes RESOLUTION N0.2009-125-1070 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXERCISING AN OPTION TO PURCHASE THAT CERTAIN REAL PROPERTY DESCRIBED IN THE OPTION AGREEMENT ATTACHED HERETO AS EXHIBIT "A" IN THE AMOUNT OF EIGHT MILLION, EIGHT HUNDRED THOUSAND DOLLARS (8,800,000.00) AUTHORIZING THE USE OF PROCEEDS FROM A $9,000,000.00 LAND ACQUISITION AND IMPROVEMENTS BOND ISSUE FOR THE PURCHASE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THE PURCHASE OF THE PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew said as you know right now times are not good for developers and builders. An opportunity has come along for the City to purchase a property, which is probably the most important piece of undeveloped property within the City. He recounted the Corner Stone Group purchased 40 acres of property in the heart of the City's downtown area (south of Walmart/north of the Wachovia Bank Building. The property was previously approved for 660 townhome units. The developer has fallen on hard times. The property is in foreclosure. The developer has come to the City with a proposition similar to the one with Warren Henry. The developer would be willing to transfer the land to the city upon payoff of their existing mortgage, which is approximately 10 Million Dollars. The property was originally purchased for 15 Million Dollars. The property is currently appraised at 12 Million. It originally appraised at 22 Million. The City would be able to pick up this property for 8.8 Million Dollars. The developer has agreed to pay the debt service on the loan. The development would like the option of buying back the property within two years, which would provide an opportunity to secure financial backing. If after the two year period, the developer is not able to secure financing, the City would own the property outright. Manager Crew further explained the developer owes 10 Million Dollars, and would like to keep seven (7) acres of the property. At closing the developer would give the City 1.2 million, which takes the amount down to 8.8 Million dollars. The developer plans to construct some single housing units on the south portion of the property. This would fit within the existing zoning. Also at closing, the developer would transfer to the City of Miami Gardens forever, two (2) acres of property on NW 27th Avenue. The appraisal on those two acres is 2.4 Million Dollars. Manager Crew again stated this proposal is similar to the Warren Henry matter. The Regular City Council Minutes July 8, 2009 Page 12 developer would be coming back to the City within two years to repurchase the property. As part of that option the developer would pay all the cost, debt service, pay a premium to the City of approximately half of the debt service. Any increase in value would be split between the City and the property owner. The debt service would be between $800,000-$900,000, annually. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to adopt this item. Councilwoman Pritchett stated that while she understands things are not good for the developers, things are not so good for the residents either. There are residents who have lost their jobs, homes and things that are important and valuable to them. She said those residents do not get a free ride from the City where their tax dollars are suppose to be used to enhance their daily life issues. Manager Crew opined even though times are difficult, the city still needs to move forward. If we were in good times, this opportunity would not be before the Council. He said this is an extraordinary opportunity where the City wins either way. The City is fortunate to have good financing and funs to be able to do this. Councilman Gilbert for the benefit of the audience explained what the City is doing and how that differs from a bailout. He explained a bailout is where you get nothing in return. In this particular case, the City will get 2.4 Million Dollars in prime property in the City's downtown area. Councilman Williams said he is fiscally conservative and certain understand Councilwoman Pritchett's concerns. He shared that he is also a real estate person and understands the value of land. He said the City is buying this land at a huge discount. He said this land is going to be an incredible asset and valuable to this City. The residents will also benefit from this purchase in the long run. He applauded the City Manager for looking for opportunities like this without compromising the City's budget. Mayor Gibson conveyed appreciation for the comments. She opined that governments can be in public/private partnerships. She conveyed understanding of these tough economic times. She further stated that those businesses and entities that are able to purchase land while the values are low with do very well when the economy turns around. She said the city is fortunate to be able to do this. Councilwoman Pritchett said she just wanted the Council to be mindful that the newly elected property appraiser said he would be re-evaluating the property values. There being no further discussion, this item passed and carried by a 4-1 vote. Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Vice Mayor Watson: Out of town Regular City Council Minutes July 8, 2009 Page 13 Councilman Williams: Yes Councilman Bratton: Out of town Mayor Gibson: Yes H-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) Manager Crew explained this is the standard ordinance utilized to for the bond item. Motion offered by Councilman Gilbert, seconded by Councilman Williams, to adopt this item on first reading. Councilwoman Pritchett asked that her previous comments on the bond items be also included for this item as well. At the conclusion of this discussion, the motion to adopt on first reading passed and carried by a 4-1 vote. Councilman Gilbert: Yes Councilwoman Pritchett: No Vice Mayor Watson: Out of town Councilman Williams: Yes Councilman Bratton: Out of town Councilman Campbell: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE N0.2009-15-187 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 ENTITLED "MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS, PAVEMENT AND LANDSCAPING" OF ORDINANCE NO. 2005-13-51, AS AMENDED, TO PROVIDE FOR ADDITIONAL REGULATIONS RELATING TO MAINTENANCE OF FENCES; REPEALING ALL Regular City Council Minutes July 8, 2009 Page 14 ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Councilman Gilbert, seconded by Mayor Gibson to adopt this ordinance. He shared this is Councilman Bratton's item, which had a lengthily discussion on first reading. There being no discussion, the motion to adopt this item passed and carried by a 5-0 vote. Councilwoman Pritchett: Yes Vice Mayor Watson: Councilman Williams: Councilman Bratton: Councilman Campbell: Councilman Gilbert: Mayor Gibson: Out of town Yes Out of town Yes Yes Yes ORDINANCE N0.2009-16-188 I-2) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S BUDGET FOR 2008-2009 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENTS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew stated there are only two budget amendments. One is a debt service fund, which is a long time issue, and will be corrected by this ordinance. The second amendment is transferring $200,000 from the "Parks Improvement Impact Fee" account to the Capital Projects Fund to be expended on a new playground for Brentwood Park. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Motion offered by Councilman Gilbert, seconded by Councilman Williams to adopt this item. Councilwoman Pritchett asked for clarification with regard to the debt service transfer. Manager Crew explained the payment was budgeted in the Capital Projects Fund Regular City Council Minutes July 8, 2009 Page 15 however, it should have been budgeted in the General Fund. The way the budget is adopted, it goes from Capital Projects to Debt Service; however, it should have been General Fund to Debt Service. Councilwoman Pritchett made reference to page 2 of the ordinance which indicates the money is being moved from the General Fund to the Capital Projects Fund, which is not consistent with the City Manager's explanation. He asked that the item be tabled until later in the meeting. Motion offered by Councilman Williams, seconded by Councilman Gilbert to table this item. There being no further discussion, the motion to table this item passed and carried by a 5- 0voice vote. In reconsidering this item, Manager Crew asked the Council to amend the Ordinance by deleting lines 1-7 on page 2. He said he would be bringing back another amendment near the end of the year. Motion offered by Councilman Campbell, seconded by Councilman Gilbert to amend page 2 of this ordinance with the deletion of lines 1-7. This motion passed and carried by a 5-0 vote. There being no further discussion on this ordinance as a whole, the motion to adopt passed and carried by a 5-0 vote. Vice Mayor Watson: Out of town Councilman Williams: Yes Councilman Bratton: Out of town Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Mayor Gibson: Yes ORDINANCE N0.2009-17-189 I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009-03-175 TO PROVIDE FOR A TEMPORARY AMENDMENT TO THE CITY'S PURCHASING ORDINANCE IN ORDER TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS WITH CONTRACTORS IN REFERENCE TO THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR ADOPTION OF REPRESENTATIONS; Regular City Council Minutes July 8, 2009 Page 16 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) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing closed. Daniel Rosemond, Assistant City Manager explained this would grant the City Manager the authority to execute the agreements for rehabilitation projects on the acquired properties from the Neighborhood Stabilization Program. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to adopt this item. Councilwoman Pritchett asked Mr. Rosemond to expound on the underlined items in the following text: 2(N) to read as follows: (N) To execute Purchase and Sales Agreements and any and all other attendant documents that are necessary in order to transfer and purchase properties, as well as any and all agreements with contractors who shall be providing rehabilitation services in accordance with the Neighborhood Stabilization Program and the City's Amendment to its Third- Year Program Action Plan. The only documents authorized by this provision are those that are required to effectuate the actual transfer of real property, and those documents necessary in order for the City to enter into Agreements with contractors who shall provide rehabilitation services to the Cam. The City Manager shall be required to provide a monthly report of all transfers of real property to the City Council. This section of the Ordinance shall automatically sunset as of January 1, 2010, and should be of no further force and effect. Mr. Rosemond for clarification purposes stated the first underlined provision provides that any and all contractors providing rehabilitation services are for those properties the City acquires. The second underlined provision provides that the City Manager be granted that authority primarily because of the time sensitivity relative to the Neighborhood Stabilization Program. Councilwoman Pritchett asked if this is because of the 18 month compliance mandate. Mr. Rosemond in response to Councilwoman Pritchett's comment stated that is correct. Councilwoman Pritchett further pointed out that because of that timeframe this ordinance Regular City Council Minutes July 8, 2009 Page 17 will automatically sunset January 1, 2010. Attorney Dickens said if Mr. Rosemond knows the Amnesty Program has been extended now is the time to make that amendment to the sunset date. Mr. Rosemond asked the Council to amend the sunset date to January 1, 2011. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to amend the sunset date to January 1, 2011. This motion passed and carried by a 5-0 vote. Councilman Williams: Yes Councilman Bratton: Out of town Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Out of town Mayor Gibson: Yes There being no further discussion on the ordinance as a whole, the motion to adopt passed and carried by a 5-0 vote. Councilman Williams: Yes Councilman Bratton: Out of town Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Out of town Mayor Gibson: Yes After this vote was taken, I-2 was reconsidered. (J) CONSENT AGENDA RESOLUTION N0.2009-126-1071 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE TO SOFTWARE HOUSE INTERNATIONAL, INC., FOR MICROSOFT PRODUCT LICENSES, IN THE AMOUNT OF $204,587.11; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-127-1072 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT Regular City Council Minutes July 8, 2009 Page 18 WITH EMERGENCY COMMUNICATIONS NETWORK IN AN AMOUNT NOT TO EXCEED $31,250.00; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-128-1073 J-5) 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 ATTACHED HERETO AS EXHIBIT "A" WITH ARNSTEIN & LEHR, LLP, FOR LEGAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) RESOLUTION N0.2009-129-1074 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING INFORMED FAMILIES' RED RIBBON WEEK TO BE HELD FROM OCTOBER 23RD THROUGH OCTOBER 31ST, 2009; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (COUNCILWOMAN SHARON PRITCHETT) RESOLUTION N0.2009-130-1075 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A JANITORIAL CONTRACT IN THE AMOUNT OF SIXTY EIGHT THOUSAND, SIX HUNDRED AND FORTY DOLLARS ($68,640.00) TO USSI FOR JANITORIAL SERVICES; AUTHORIZING THE CITY MANAGER TO ISSUE ANNUAL PURCHASE ORDERS, PENDING APPROVED BUDGET ALLOCATIONS, NOT TO EXCEED A MAXIMUM OF FIVE YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-131-1076 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN BOND COUNSEL AGREEMENT WITH JEFFREY D. DECARLO OF ADORNO & YOSS RELATING TO PROVISION OF LEGAL SERVICES IN REFERENCE TO A PROPOSED NINE MILLION DOLLAR ($9,000,000.00) LAND ACQUISITION AND IMPROVEMENTS BOND; PROVIDING FOR THE ADOPTION OF Regular City Council Minutes July 8, 2009 Page 19 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.209-132-1077 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BANK OF AMERICA FOR FINANCING IN THE AMOUNT OF FOUR MILLION DOLLARS ($4,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilman Campbell to adopt the Consent Agenda. This motion passed and carried by a 5-0 voice vote. (K) RESOLUTION(S) RESOLUTION N0.2009-133-1078 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO MIAMI DADE COUNTY FOR A SAFE NEIGHBORHOOD PARKS GRANT; AUTHORIZING THE CITY MANGER TO EXECUTE ANY AND ALL AGREEMENTS AND ATTENDANT DOCUMENTS AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett asked how much money is the City applying for because the amount is not mentioned. Manager Crew said if the City is awarded these funds it would allow for fifty percent reimbursement for the purchase price of the Archdiocese property (Senior Center). Vernita Nelson, Assistant City Manager appeared before the City Council to respond to Councilwoman Pritchett's question. She said staff did not know at this time. The RFP came out about three weeks ago. Staff attended the questionnaire session. The application is due July 20t". As a result of that staff is working with the on staff architect and engineer to do those cost analysis. A resolution adopted by this Council is a requirement of the application. Councilwoman Pritchett thanked Ms. Nelson for that explanation. She however, expressed Regular City Council Minutes July 8, 2009 Page 20 concern with approving something where the dollar amount was not known especially when matching funds are involved. Manager Crew said there are funds in the Impact Fee Fund available for this purpose. Ms. Nelson conveyed understanding of Councilwoman Pritchett's concerns. She said that is why staff is going through this exercise with the on staff architects and engineers. Manager Crew further shared that staff knows that a playground cost approximately $300,000, which would not be a problem because the City has the matching funds for that. Councilwoman Pritchett stated that she is in support of the item but thought it important to have this information to share with the residents. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this resolution. There being no further discussion, this motion passed and carried bya5-0 voice vote. RESOLUTION N0.2009-134-1079 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A FUEL CARD CONTRACT TO COMDATA CORPORATION IN AN AMOUNT NOT TO EXCEED THE ALLOCATED FLEET FUEL BUDGET; IN ACCORDANCE WITH THE STATE OF FLORIDA BID 973-163-06- 1, INCLUDING ANY CONTRACT RENEWALS, PENDING BUDGET ALLOCATION AND APPROVAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett pointed out that the resolution makes reference to this company as Comdata Corporation however the actual State of Florida Agency Agreement for Eligible Users refers to the company as Comdata Network Inc. She suggested this might be a scrivener's error and making this change because there is no company doing business in the State of Florida by the name of Comdata Corporation. Councilman Gilbert asked Manager Crew if there was someone that checked the accuracy of the names. Mayor Gibson shared her thinking that the Procurement Division should check the accuracy of the information. Pam Thompson, Procurement Manager appeared before the City Council and stated that she did not check because this was a State contract. The State has always done its due diligence in providing accurate information. She said that she check other contracts, but in the future would also check the State's. Regular City Council Minutes July 8, 2009 Page 21 Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this resolution, with the understanding the name in the resolution would be changed to reflect the contract. There being no further discussion, this motion passed and carried by a 5-0 voice vote. RESOLUTION N0.2009-135-1080 J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BANK OF AMERICA FOR FINANCING IN THE AMOUNT OF NINE MILLION DOLLARS ($9,000,000.00), FOR THE PURCHASE OF CERTAIN REAL PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this resolution. There being no discussion, the motion to adopt passed and carried by a 4-1 voice vote, with Councilwoman Pritchett casting the dissenting vote. (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Clerk Taylor provided the Council with a memorandum regarding Committee appointments and the fact that as per an ordinance adopted by this City Council, all appointments shall be ratified by the Council. She said she would be bringing back to Council for ratification those appointments that were given to her without resolution. Clerk Taylor further mentioned that the November 11, City Council meeting falls on Veteran's Day, which is a holiday observed by the City of Miami Gardens. She asked that the Council consider rescheduling this meeting to Tuesday, November 10, 2009. Attorney Dickens said she will prepare a resolution at the next City Council meeting for this purpose. Attorney Dickens said she would bring back a resolution at the next City Council meeting for this purpose as well. Attorney Dickens announced that she will be in-house, Monday, July 13, 2009. She said her contract provides that she can do Pro Bono work. She said that she informed Jim Brady that she would be able to set in as City Attorney in his absence (Lauderdale Lakes). Those meeting are held on Tuesday evenings therefore, that will not interfere with her work for the City of Miami Gardens. Manager Crew also indicated that due to a lack of quorum for the September 23`d, that the Regular City Council Minutes July 8, 2009 Page 22 Council meeting be rescheduled. After deliberation, the Council recommended changing the September 23`d meeting date to September 21, 2009. The Council also recommended that the September 9t" meeting be changed to September 8, 2009 to accommodate those residents wishing to attend and participate during the Miami-Dade School Board Budget Hearing on September 9, 2009. L-1) May 2009 Budget Status Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS No reports. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. (O) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made by Councilman Gilbert, the meeting adjourned at 9:50 p.m. Attest: ~~ Shir y ibso ,Mayor -------~ .~ onetta Taylor, MM ,City Clerk Regular City Council Minutes July 8, 2009 Page 23