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June 24, 2009CITY OF MIAMI GARDENS CITY COUNCIL MEETING MINUTES JUNE 24, 2009 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, June 24, 2009, beginning at 7:17 p.m., in the City Council Chambers 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Barbara Watson and Council members Aaron Campbell Jr., Andre Williams, Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert III. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Delivered by Linda Holloway (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes -May 27, 2009 Motion offered by Vice Mayor Watson, seconded by Councilwoman Pritchett to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to pull Item J-2 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to pull item J-3 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to pull item J-6 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Deputy Chief Miller - Kiwanis Scholarship Announcement Regular City Council Minutes June 24, 2009 Page 1 Deputy Chief Paul Miller appeared before the City Council in the capacity as President of Miami Gardens Kiwanis. He announced the scholarship winners for the Miami Gardens Kiwanis Scholarship, which consisted of seniors from Miami Norland, Miami Carol City, Miami Pace High Schools and one child of a City of Miami Gardens' employee. He introduced one of the winners who was present, Connie Ortiz (City employee child), and shared some of her accolades. Ms Ortiz thanked everyone for the scholarship. Deputy Chief Miller than announced the other scholarship winners Lenard Thompson (Carol City High), Alonzo Gillzine (Miami Norland), and Joshua Connors (Pace); along with their accolades. He thanked Councilwoman Pritchett for her $1,000 donation and the entire Council for their donation of $5,000. Lastly he shared the Kiwanis gold tournament will be held on August 29t" and on August 15`" the Kiwanis will hold its get back to school shopping day at Wal-Mart. F-2) Deputy Chief Miller -Hurricane Preparedness Deputy Chief Miller reported on some of the activities the departments are doing for hurricane preparedness such as revised emergency operations procedure for 24 hour service; created schedules to make sure there is cross representation for every department; continued compliance with the National Incident Management System, and conducting training on the incident command system. Additionally Public Works Director, Tom Ruiz, has been very instrumental in teaching classes at the 100, 200, and 700 level for all of our employees so that they know what to do in the event of an emergency. Deputy Chief Miller stated that on June St" the City held an interactive exercise to go over various scenarios and logistical problems that might arise during an actual storm. It was a very proactive and interesting exercise. Additionally, the City's generators and a new response system were tested as well. As far as public participation they held a CERT refresher course. This city will purchase a reverse 911 system that will act as a citizen notification system which will function as an emergency broadcast system via the telephone. F-3) Mayor Gibson -John Casbarro, Kids and the Power of Work (KAPOW) Mayor Gibson stated that she has had an opportunity to go to Opa-locka airport to the establishment of Mr. Barrington, who is the young man who flew around the world; it was a great day of interaction with our students from our elementary school. Our staff was there and they did an excellent job. Mr. Casbarro, Kids and the Power of Work (KAPOW), appeared before the City Council. He stated KAPOW brings business and community volunteers to elementary schools to teach kids about work and how to connect what they are learning in school with the real world. It is done through a series of lessons that are done cooperative between the teachers and the volunteers. He provided the Council with a report on what has been done at the various elementary schools in Miami Gardens reaching a total of 132 students. He recognized Councilman Andre Williams, Ron McKenzie, Ula Zucker, Detective Carlton Coleman, and Michael Wright for their volunteer services in this program. He added that the children were able to visit the various departments within the City. He also thanked Daniel Rosemond, Chief Regular City Council Minutes June 24, 2009 Page 2 Mathew Boyd, Deputy Chief Paul Miller, and Major Chapman for their assistance in getting volunteers. Lastly he provided a plaque to the Council for their continued support. Councilman Williams stated that this is a wonderful program and encouraged all City employees to get involved next year. Mayor Gibson asked what is the number of hours our employees can use to volunteer during work hours? Renee Farmer, Deputy City Manager, responded there is no set number of hours, we are very open in allowing our employees to schedule the time as appropriate within their respective departments. Mayor Gibson encouraged staff to continue to volunteer their time to community and share the wealth of knowledge they have, with our students. F-4) Councilwoman Pritchett -The Miami Gardens Super Soul Steppers Councilwoman Pritchett stated that in our community we have a group of senior citizens, who about 3 years ago felt the need to create a physical fitness program; those seniors working with our parks department, more particularly Vernita Nelson, wanted to start an exercise program to improve quality of life issues as it relates to health. As a result they began to receive invitations take step dancing classes throughout Miami-Dade County and the State. She then presented a plague to the group for their accomplishments. Ms Holloway, Director of the City of Miami Gardens Super Soul Steppers thanked the Council for honoring the Super Soul Steppers. F-5) Councilwoman Pritchett -Peggy Sapp, Founder/CEO Informed Families & David Williams Jr. -Red Ribbon Campaign David Williams Jr., appeared before the City Council to inform and provided a packet to the Council concerning the Red Ribbon Campaign (drug prevention campaign), which is celebrated the last week of October every year. Additionally, this year they have decided to add a new component called miles of quarters, which is to help bring awareness to this campaign. Informed Families has written a grant, which included the schools in Miami Gardens as designees to be Red Ribbon Schools. Lastly, in partnership with Alpha, a pharmaceutical company, to open another campaign which would be called Lock Your Meds. This would help with the awareness of keeping medication locked up and away from children. Mr. Williams then showed a video concerning Red Ribbon Campaign. Councilwoman Pritchett asked if he could share which schools in Miami Gardens would be part of those certified Red Ribbon schools. Mr. Williams in response to Councilwoman Pritchett's question said Parkway Middle School, Norland Middle School, Carol City Middle School, and Carol City Senior High; this Regular City Council Minutes June 24, 2009 Page 3 process will start in August. (G) PUBLIC COMMENTS Marion Robertson, 17300 NW 20`" Avenue, appeared before the City Council to express concern with her property tax bill. She stated her taxes are high and she was told by the County that the reason her taxes are high is because she resides in the City of Miami Gardens. She asked for clarification as to why she is not getting the whole $50,000 exemption. Manager Crew explained Ms. Robertson tax bill and the amount the City receives from her tax bill. Councilman Campbell applauded Ms Robertson for coming before the Council to question her tax bill because there are so many people who are out there who get false information from the County, and blame the City for it. Manager Crew further shared that Ms. Robertson's total tax bill for 2008 is $1,200; out of that total amount the City received $131.45. Ms Robertson thanked the manager for the useful information. She then raised concerns of her neighbor's tree which is extremely tall. Mayor Gibson stated that the City cannot cut it. Additionally, the homeowner would have to get a permit from the County to cut it. Abraham J. Thomas, 17320 NW 17`h Avenue, Miami Gardens, FL appeared before the City Council requesting that the City Council donate $5,000 to Crime Stoppers to provide a sing along CD with music sheets to students around Miami Dade County to help deal with our crime issues and stopping the crimes. Mayor Gibson asked if the $5,000 is donated to Crime Stoppers will that money be designated to Miami-Dade County or Miami Gardens Schools. Mr. Thomas stated the total cost for this project is $40,000; what he is asking for is a contribution towards that amount. Additionally, he was hoping this would be an all inclusive type of project so that everyone can have some sort of ownership. Mayor Gibson asked if Mr. Thomas is asking other municipalities to help contribute to this project. Mr. Thomas responded yes. He reiterated if anyone wants to make a monetary contribution to this music project, it should be made to Crime Stoppers. Sharon Frazier-Stephens, 145 NE 193rd Street, appeared before the City Council to thank the City Manager for his participation at the Town Hall Meeting recently held at the library. She felt the community was more at ease during the Town Hall Meeting and were able to ask their Regular City Council Minutes June 24, 2009 Page 4 questions, and express views openly. She then asked if each City Council Member can hold a Town Hall Meeting in their districts to help inform residents. Ms Frazier-Stephens then asked whether police officers can just come and search people stores without cause or is it up to Code Enforcement to check if there are any violations within stores. She stated her reason for asking is because there is a police officer who constantly walks into Ms. Bev's West Indian Market and closes down her business. Mayor Gibson asked for clarification as to whether the Police Officer goes in and closes Ms. Bev's business. Ms Frazier-Stephens responded no. Mayor Gibson stated that anyone is free to address this Council, however when you make a statement like that in the public it becomes misleading information. Prior to forming the City of Miami Gardens Police Department we never had police officers who stop into a business or drive through a parking lot. Lastly we need to be sure that information brought to the Council is accurate and correct. Ms Frazier-Stephens asked whether businesses paid more taxes than residents. Manager Crew responded yes because generally businesses do not get a homestead exemption. Wendell James, 18820 NW 29t" Place Miami Gardens, FL 33056, appeared before the City Council and congratulated the Mayor and Council members for the work they have done for the past 5 years. Additionally, he congratulated the Police Department for decreasing the crime rate from year to year. He suggested that the public comment section of the agenda be heard later in the meeting after discussions on items that have been heard. Darius Lawshea, 745 NW 184 Drive, Miami Gardens, FL appeared before the City Council and recalled that he had appeared before the Council 3 months concerning the Track Program, and how it needs help; which resulted in the whole Council really stepping it up to assist with the program. He reported that currently the Track Program is the #1 team in the State of Florida and the accomplishments of the track team since then. He thanked the City for all of its support and the program will continue to represent the City very good. Mayor Gibson added that she has known Mr. Lawshea since he was 10 years old and it has been a real joy for her to see him mature as a young man. Manager Crew shared that the track program would be able to run on a world class track once the Community Center is up and running. (H) ORDINANCE(S) FOR FIRST READING Regular City Council Minutes June Z4, 2009 Page 5 H-1) 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; 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) Daniel Rosemond, Assistant City Manager, stated that this Ordinance is a continuation of what the Council had approved back in December as it relates to the Neighborhood Stabilization Program (NSP). The City received approximately $6.8 million in NSP funds. What we are obviously charged to do with these funds is to acquire abandoned and foreclosed properties, then rehab and sell them to first time homebuyers. To date we have acquired five properties with another six to eight under contract. This Ordinance is asking the Council to approve authorizing the City Manager to execute the agreement for the rehabilitation. We obviously want to expedite the process in getting these properties back online as quickly as possible to meet our time frame. This Ordinance sunsets once the City's contract with H.U.D., for this program, sunsets. Motion offered by Vice Mayor Watson and second by Councilman Campbell to adopt this ordinance on first reading. Councilman Williams asked when does the contract with H.U.D. begin and when does it end. Mr. Rosemond responded the contract began March 4th; the City has eighteen months from that date to allocate the funds. Our goal is to complete this early so that we can get additional funds in round two of this program. There being no further discussion motion to approve passed and carried by a 7-0. Councilman Bratton Yes Councilman Campbell Yes Councilman Gilbert Yes Councilwoman Pritchett Yes Vice Mayor Watson Yes Councilman Williams Yes Mayor Gibson Yes H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 Regular City Council Minutes June 24, 2009 Page 6 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 ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Councilman Bratton stated this Ordinance is related to the maintenance of property. He shared that he had stopped by a constituent recently he was asked why is that some residents in Miami Gardens hand rugs and clothes on fences and what can be done about this. After discussion with the City Attorney this Ordinance has been made in response to that matter. He requested Council support for the Ordinance to regulate the use of fences to use as a clothes line. Attorney Dickens made the Council aware of the amendments that would be made to the existing property maintenance ordinance. Motion offered by Councilman Bratton, second by Vice Mayor Watson, to adopt this ordinance on first reading. Councilman Williams asked if this would prevent a clothing line. Councilman Bratton responded that it only regulates hanging cloths on the fence. Councilman Campbell asked if during a yard sale would this Ordinance prevent the property owner from hanging items on the fence. Attorney Dickens responded yes. Vice Mayor Watson asked if Councilman Bratton would he be willing to amend the Ordinance to allow exemption for yard sales. Councilman Gilbert stated the language of the ordinance should include on or across a fence. Councilman Williams questioned what would happen if there is a hurricane, there is no power, and someone needed to hang wet clothes on a fence. Nonetheless he does not disagree with this Ordinance. Councilman Bratton stated he agrees with certain exemption to this ordinance. He added that this is constant occurrence that happens in certain neighborhoods. Manager Crew added there are several ordinances we can cite people for violating after a hurricane but we use discretion in understanding the circumstances that there was a hurricane Regular City Council Minutes June 24, 2009 Page 7 Additionally, this will not stop residents from putting up a clothes line. Councilman Gilbert stated the language should include prohibitions from allowing to hang something across and on a fence. Attorney Dickens proposed new language to be included in section G. of this ordinance, as follows: "Items such as clothes, rugs, bedding or other miscellaneous items shall not be hung on, across or over fences, except in connection with a bonafide yard sale to be held no more than twice a year." Councilman Bratton motion to amend the ordinance with the Attorney's proposed language; this motion was second by Councilman Campbell. There being no further discussion, the motion to amend passed and carried by a 7-0 voice vote. There being no further discussion on the ordinance as a whole, the motion to approve the item on first reading passed and carried by a 7-0 vote. Councilman Campbell Yes Councilman Gilbert Yes Councilwoman Pritchett Yes Vice Mayor Watson Yes Councilman Williams Yes Councilman Bratton Yes Mayor Gibson Yes H-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 these are routine budget amendments; however these amendments cross fund levels and need Council approval. Motion offered by Councilman Gilbert and second by Vice Mayor Watson to adopt this item on first reading. Councilwoman Pritchett requested to see this item in its budget format. Manager Crew responded that this is the budget format and once it is passed by the Council staff will use this Ordinance to document it in the budget file. Regular City Council Minutes June 24, 2009 Page 8 There being no further discussion motion to adopt this item on first reading passed and carried by a 7-0 vote. Councilman Gilbert Yes Councilwoman Pritchett Yes Vice Mayor Watson Yes Councilman Williams Yes Councilman Bratton Yes Councilman Campbell Yes Mayor Gibson Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE N0.2009-14-186 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A NUISANCE ABATEMENT BOARD; PROVIDING FOR INTENT AND JURISDICTION; PROVIDING FOR CERTAIN ACTIVITIES TO BE DECLARED A NUISANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR COSTS AND FINES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III AND THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item, the public hearing closed. Councilman Gilbert shared his rationale for sponsoring this item. He said Ordinance would give the Police Department another way to get at businesses and homes that are chronic violators of the law. The language of this ordinance has not changed since first reading. Motion offered by Councilman Gilbert and second by Councilman Campbell to adopt this ordinance. There being no further discussion motion to approve passed and carried by a 7-0 vote. Councilwoman Pritchett Yes Vice Mayor Watson Yes Councilman Williams Yes Councilman Bratton Yes Councilman Campbell Yes Councilman Gilbert Yes Regular City Council Minutes June 24, 2009 Page 9 Mayor Gibson Yes (.n CONSENT AGENDA RESOLUTION N0.2009-114-1059 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESOLUTION LEVYING AN ADMINISTRATIVE FEE OF $500.00 FOR THE RELEASE OF LIEN IN CERTAIN INSTANCES; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE A SETTLEMENT AMOUNT FOR THE ISSUANCE OF PARTIAL RELEASES OF LIEN IN CERTAIN INSTANCES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER/CITY ATTORNEY) RESOLUTION N0.2009-115-1060 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO PABON ENGINEERING, INC. AS PRIMARY CONTRACTOR AND TRAN CONSTRUCTION, INC. AS SECONDARY CONTRACTOR FOR REPLACEMENT AND INSTALLATION OF SIDEWALKS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGETED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-116-1061 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CREATION OF A MASTER PLAN FOR SUNSHINE STATE INTERNATIONAL PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-117-1062 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO APPLY FOR AND RECEIVE THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS THROUGH THE OFFICE OF WEATHERIZATION AND INTERGOVERNMENTAL PROGRAMS IN THE OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY OF THE U.S. DEPARTMENT OF Regular City Council Minutes June 24, 2009 Page 10 ENERGY IN THE AMOUNT OF $989,200; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve the consent agenda passed and carried by a 7-0 voice vote. (K) RESOLUTION(S) RESOLUTION N0.2009-118-1063 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO FLEET TIRE TRUCK AND AUTO CENTER, INC., FOR PREVENTATIVE FLEET MAINTENANCE SERVICES; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS FOR THE SERVICES NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett made it know that the name of the company named in the resolution is not correct and she read the correct name in the record. Mayor Gibson requested that the manager ensure the proper name is corrected in the resolution. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to approve this item. There being no further discussion, this item passed and carried by a 7-0 voice vote. RESOLUTION N0.2009-119-1064 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SOLO CONSTRUCTION CORPORATION IN AN AMOUNT NOT TO EXCEED $683,203.00, INCLUDING A FIFTEEN PERCENT (15%) CONTINGENCY, FOR INFRASTRUCTURE IMPROVEMENTS IN THE KINGS GARDENS I AND II NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO ENTER INTO ASUB- RECIPIENT AGREEMENT WITH THE VENDOR FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes June 24, 2009 Page 11 Councilwoman Pritchett stated that she had requested information concerning this item from the City Manager, who did an excellent job in explaining and giving her more information. She requested that he shared this information for the record. Manager Crew stated this is our first program that we are working on under our Community Development Block Grant to rehabilitate a subdivision on the west end of the City. The City managed to find out that those roads had been dedicated to Miami-Dade County and then came to us via the Interlocal agreement with the County. Thus the City prepared a federal grant and put it out to bid. The bid came in at $590,000. Additionally, we are asking fora 15% contingency because in some of our prior projects our contractors have been robbed and had their equipment stolen. We have just come to the point like the county and the state to provide protection for contractors. Part of this bid will offer of duty police to monitor that site while there are people out there working. Manager Crew added this project will be a showcase of our dedication to trying to bring the weakest part of our city up to the strongest part. Councilwoman Pritchett stated that it is really important because this was an issue back in 1996 and now the residents know help is on the way. She further stated the City is taking a comprehensive approach to addressing some their concerns that are more than 12 years old. Motion offered by Councilwoman Pritchett and second by Councilman Gilbert to approve this item. Mayor Gibson concurred with Councilwoman Pritchett. Additionally, she opined it was for lack of nat trying to improve the west side. There are a lot of challenges in improving the west side versus the east side. It takes a lot of work to get residents on the west side to get into agreements with the City to improve their area. She commended staff for working with residents in getting this done. Councilman Campbell conveyed his hopes that once this project is completed the City is able to showcase this community to neighboring developments within the City, so that they can see the results and get on board with what we are trying to do. Manager Crew gave credit to this project to Daniel Rosemond for his efforts. Mayor Gibson thanked Mr. Rosemond for his hard work. Councilman Williams asked how do we account for representation from folks in our community for sub-contract work being engaged? Mr. Rosemond stated since this is a federally funded project, the sub-contractor has to make reasonable efforts to employ local residents, if at all possible. There being no further discussion, motion to approve passed and carried by a 7-0 voice vote. Regular City Council Minutes June 24, 2009 Page 12 RESOLUTION N0.2009-120-1065 J-6) 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 & MOSS RELATING TO PROVISION OF LEGAL SERVICES IN REFERENCE TO A PROPOSED FOUR MILLION DOLLAR ($4,000,000.00) LAND ACQUISITION AND IMPROVEMENTS BOND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Gilbert asked how many bonds does the City do yearly? Manager Crew responded that the City has done 8 or 9 bonds since incorporation. Councilman Gilbert then asked, if we have always use the same bond Council. Manager Crew replied yes. Councilman Gilbert asked if we have ever done an RFP to get other people involved in this process. Manager Crew responded no because in his experience he has not seen anybody provide these services so cheap and so good. Attorney Dickens added we are always open to firms; additionally no other firm has approached the City about offering bond counsel services. Also it has been her experience that this provider is very economical. Councilman Gilbert asked that firms should just send you proposals. Attorney Dickens responded yes. Councilwoman Pritchett referenced language stating it this service could exceed more than $15,000 for out of pocket expense, and asked could his service cost more than $15,000. Attorney Dickens stated this is standard language and with the nature of this deal there will not be too many out of pocket expenses. Manager Crew added that in the past they have averaged about $200.00 a deal. Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve this item. Regular City Council Minutes June 24, 2009 Page 13 There being no further discussion on the matter, the motion to approve passed and carried by a 7-0 voice vote. RESOLUTION N0.2009-121-1066 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INDICATING THE OFFICIAL INTENT OF THE CITY TO ISSUE TAX-EXEMPT BONDS FOR VARIOUS MUNICIPAL PURPOSES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew stated that IRS requires that the City has a bond Resolution in place if at some time exceeding 18 months you want to be reimburse for spending funds prior to receiving a bond issue. Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to approve this item. There being no discussion, the motion to approve passed and carried by a 7-0 voice vote. RESOLUTION N0.2009-122-1067 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AGREEING TO PURCHASE THAT CERTAIN PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO FROM THE ARCHDIOCESE OF MIAMI, FOR THE SUM OF $3,600,000.00; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE, A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE ARCHDIOCESE; PROVIDING IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A," FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew shared he is extremely please to bring this item before the City Council; the city now has an opportunity to provide a facility for its seniors. This property can also be used to develop a botanical garden as well. He continued to share other opportunities as a result to gaining this property. We will be getting this property for $60,000 under the appraisal. However, this will require us to issue an estimated $4 million revenue bond. He estimated the debt service will be about $200,000 a year and the budget would be able to handle that. Motion offered by Vice Mayor Watson and second by Councilman Bratton to approve this item. Regular City Council Minutes June 24, 2009 Page 14 Councilwoman Pritchett asked for clarification on how this would not allow us to increase taxes. Manager Crew clarified yearly contributions are made to the Capital Improvements Fund. Last year, the Council contributed $1.7 million; next year $2.7 million will be contributed. That is where the funds will be to pay this off on an on-going basis for the next twenty years. Councilwoman Pritchett asked to date how has the City amassed in bonds total. Manager Crew responded that our total debt service is $6 Million a year. He estimated that total bonds are around $54 million. He stated that he can get her the exact figures. This City is surprisingly in very good shape. Councilwoman Pritchett stated when we borrow money it is very challenging in assuring residents that it will not cause tax increases. She asked for a bond chart to know the status of bonds that have been issued to the city to make a better determination on how to move forward on bond related items. Manager Crew stated that he will make sure to provide the Council with a listing on bonds issued. Councilman Gilbert made it know that the agreement is not in the agenda packet. Motion to postpone the item to be heard later tonight till the contract is given to the Council was made by Councilman Bratton and second by Vice Mayor Watson. This motion passed and carried by a 7-0 voice vote. Please note Councilwoman Pritchett left the meeting at 9:33 p.m. This matter was brought back before the Council and upon conclusion of discussion, the motion approve 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 stated that he has not been able to set a date to have all of the Council members together for the budget workshop. attend. Mayor Gibson stated to choose a date where majority of the Council would be able to Manager Crew set the Council budget workshop for July 7, 2009 from 2pm to Spm. Attorney Dickens opined a quorum is not needed for a workshop. Regular City Council Minutes June 24, 2009 Page 15 Manager Crew said he will sit down with any Councilmember if need be to go over what was discussed at the budget workshop. Manager Crew raised concerns regarding the purchase of the old Jewish synagogue for Rolling Oaks Parks. He then requested the Council authorize staff to use Eminent Domain to obtain the property. Manager Crew continued to explain the eminent domain process. Mayor Gibson suggested that the manager have individual meetings with each Councilmember to explain how the process will work and the importance of this property in developing Rolling Oaks Park. Manager Crew shared that Rolling Oaks residents a~reed to the development of Rolling Oaks Park, and moving the entrance of the park from 17t Avenue to 183rd Street. The two parcels needed to do this were the parcel the City purchased some years back, and the parcel in question. That was the commitment this Council agreed to when the concept was approved for the park. This would allow the City to get that traffic out of Rolling Oaks and Crestview. He said that is why this parcel is so important. Councilman Gilbert inquired do we know the nature of the lawsuit the current property owner is going through and is it something that runs with the property? He said that is some of the information he would want to know when the manager meets with him. Attorney Dickens added that the manager is requesting whether the Council is even interested in going in that direction so that she and the manager can proceed in doing the due- diligence. Councilman Gilbert stated that he is interested in getting the property because of the importance of the property. However, he is interested in every possible way that we can obtain this property. Manager Crew reported that he received a proposal based upon the City's Town Center Plan to do a joint project with a firm who owns the property on NW 183rd up to the Wachovia Building on the east side of 27th Avenue. They would like to present this plan to Council. The key thing is in either case we do not have the funds to do it, and it would take an increase in taxes to do it. It would take about a 6% increase in property taxes. Councilman Gilbert asked that he provide the Council with something in writing when it comes to building a City Hall and raising taxes because the Council is limited when a matter is reported on in verbal form only. Councilman Williams stated that our Town Center Plan contemplate more than just that area. It contemplates the Flee-Market area. He stated if we are going to do it, let's do it all. Manager Crew let it be known that the Town Center Plan was something we were never going to do; it's the private market that is going to do it. Here we have a developer who wants to do the eastern half of the plan. You are looking at an estimated $150 million project ultimately, Regular City Council Minutes June 24, 2009 Page 16 which would be majority from private developers. Councilman Williams stated there are other financing opportunities for us and maybe we should make a comprehensive presentation around this. Manager Crew stated that he can do that. Councilman Williams asked whether the City has considered Eminent Domain for the Flee-Market parcel. Manager Crew stated we would need over $50 million to that. Manager Crew reported the financial concerns of the Building Department. Therefore there will be a restructuring of the Building Department and Code Enforcement Department to downsize and provide better efficient services. Manager Crew presented a video of a Good Morning America segment on the rising cost of child care, which highlighted Interim Parks Director Kara Petty and her family. (M) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Bratton asked how can we get a special taxing district to provide street lighting and other services to some areas of Miami Gardens? Manager Crew stated it is done by Dade County. Councilman Bratton reported that he would like to create a Miami Gardens Historical Society within the City. Currently he is working with staff to bring an outline to Council on how this would be implemented. He shared that he has been in contact with State Representative Braynon and the City's Lobbyist about this concept. Councilman Gilbert asked for Jay Marder to provide information regarding SB 360, the Growth Management Bill. Attorney Dickens added that the City has been approached by Weston, about its plans to challenge the constitution regarding this bill, for support. It was brought to the manager's attention on whether it is beneficial and after speaking to Jay Marder it is not, which is why we have it brought it to the Council. Jay Marder, Development Service Director, stated SB 360 is something that most people with any good sense of urban planning in the State of Florida are against. It pulled some of the guts out of concurrency in the areas which would be really affected which is not around here. However we may have to do some things to our Comprehensive Development Plan to comply with the law. He will definitely keep the Council informed as it relates to this bill. Regular City Council Minutes June 24, 2009 Page 17 Mayor Gibson commented that when we say something can not affect us sometimes that can be short sighted because it really involves the State of Florida. Sometimes we need to look at it in a broader sense; because there might be some instances when we will need other Cities or Counties to support us. Mr. Marder stated the Hometown Democracy would affect us. That would provide that all of the Comp. Plans require a vote of the electorate body before we can do anything. Councilman Gilbert stated the City of Weston is suing and requested support. It would be a contribution of $2500 and it would be limited to our exposure and I think it is something that this Council should consider doing. Attorney Dickens stated in the scheme of things if would affect how local governments operate, it is of some benefit for us to support. She suggested if the Council is on the same page as Councilman Gilbert; that the Council direct the manager to research it a little further and if staff comes back with the determination that the Manager can spend the funds, you can authorize it. Councilman Gilbert motion to have the City Manager investigate further the matter and if he determines it has an effect to the City to spend the amount of $2500 to support; second by Councilman Bratton. Mayor Gibson added to amend on whether it affects the home rule of cities. Councilman Gilbert concurred with Mayor. There being no further discussion the motion passed and carried by a 6-0 voice vote. Mayor Gibson reported that the upcoming league of Cities Conference is being held in Orlando August 13t" to the 15`". The City has to have a voting delegate. Councilman Bratton volunteered to be the delegate. Councilman Williams motion to bring back Item K-2; it was second by Vice Mayor Watson. This motion was approved by a 6-0 voice vote. Attorney Dickens asked that now the contract is in the hands of the City Council does any member have any questions. There being no further discussion, motion to approve passed and carried by a 6-0 voice vote. Councilman Gilbert asked when are we doing the meeting for canvassing? Regular City Council Minutes June 24, 2009 Page 18 Ronetta Taylor, City Clerk, reminded the Council member that the Special City Council meeting to ratify the results of the Special Mail Ballot Election will take place, Monday, June 29, 2009 at 9:00 a.m. (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, the meeting adjourned at 9:55 p.m. Attest: ~ ~, ,~' ,~ ~J netta Taylor, MMC, qty Clerk d"LJ S ' 1 ibs n, ayor Regular City Council Minutes June 24, 2009 Page 19