HomeMy WebLinkAboutSeptember 8, 2009CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
CITY OF MIAMI GARDENS
REGULAR CITY COUNCIL MINUTES
SEPTEMBER 8, 2009
(A) CALL TO ORDER/ROLL CALL
The City Council for the City of Miami Gardens, Florida, met in regular session,
Tuesday, September 8, 2009, beginning at 7:30 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 Oliver G. Gilbert and Council members Aaron Campbell Jr., Barbara Watson, Andre
Williams, Melvin L. Bratton and Sharon Pritchett.
Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K.
Dickens and City Clerk Ronetta Taylor.
(B) INVOCATION
Invocation delivered by Vice Mayor Oliver G. Gilbert.
(C) PLEDGE OF ALLEGIANCE
Recited in Unison.
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes -July 22, 2009
Motion offered by Councilwoman Watson, seconded by Councilman Bratton to approve
the minutes, with necessary corrections, if any.
There being no discussion, 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 Councilwoman Watson to pull
Item J-2 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote.
Motion offered by Councilwoman Watson, seconded by Councilman Bratton to pull Item
J-4 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-10 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote.
Motion offered by Councilwoman Pritchett, seconded by Councilwoman Watson to
approve the official agenda with the necessary changes. This motion passed and carried by a 7-0
voice vote.
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Mayor Gibson -Publix Supermarket Store #629
Mayor Gibson shared her shopping experience at Publix Supermarket Store #629 over the
years. She said she had notice a great improvement with the overall appearance with the store as
well as with the people who work there. In recognition of a major corporate partner within the
City of Miami Gardens, Mayor Gibson presented a plaque Publix Supermarket Store #629. The
Management Team present to receive this plaque were: Charles Anderson, Store Manager of
Publix Supermarket Store #629, Larry Rhodes, District Manager, and Mike Meredith, Regional
Director for the SE Coast.
F-2) City Manager - Special Presentation
Manager Crew presented 5 year Certificates and Pins to the following individuals in
grateful appreciation of five years of loyal service: Taren Kinglee, Human Resource Director;
Tom Ruiz, Public Works Director; Cherise Asberry, School Crossing Guard Superintendent, Jay
Marder, Planning Director and Lillie Q. Odom, Community Outreach Coordinator.
F-3) City Manager -Employee of the Month for July and August
Manager Crew presented Lillie Peterson and Deborah Dorsett with Employee of the
Month Certificates both individuals are Recreation Supervisors with the Parks and Recreation
Department.
F-4) Chief Boyd -Miami Gardens Police Department Monthly Report
Chief Boyd presented Detective Carlos Velez, with a plaque in recognition as Officer of
the Month for August, 2009.
Chief Boyd presented the monthly statistical Comparison August 2009. There were 17
Aggravated assaults for the month of July and August; 31 Aggravated Battery for July and 32
for the month of August; 44 auto thefts for July and 55 for the month of August; 14 Commercial
Burglaries for the month of July and 15 for the month of August; 147 residential burglaries for
the month of July and 122 for the month of August; 134 vehicle Burglaries for the month of July
and 122 for the month of August; 2 homicides for the month of July and 3 for the month of
August.
Chief Boyd further shared those events attended by the Community Service Police Unit,
which also included participation in a Kiwanis back to school event.
Chief Boyd announced the police department was very successful with its grant
application for the COPS Program. The City received the maximum number of positions
allowable under the grant funding. Of the 214 agencies that applied for grants in the State of
Florida, only 66 were awarded.
(G) PUBLIC COMMENTS
Hashim Benford, 6127 NW 7t" Avenue, Miami Gardens, Florida, appeared before the
City Council in support of Item H-1.
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
Alex Aristide, 4431 NW 179t" Street, Miami Gardens, Florida, appeared before the City
Council in support of Item H-1.
Paulette Richards, 1553 NW 52"d Street, Miami, Florida, appeared before the City
Council in support of Item H-1.
Reverend Don Clarke, 2260 NW 183rd Street, Miami Gardens, Florida, appeared before
the City Council in support of Item H-1.
Reverend Andreas Thode, St. Timothy Lutheran Church, 4400 NW 183rd Street, Miami
Gardens, Florida, appeared before the City Council in support of Item H-1.
Reverend Donald Lawrence, 18000 NW 8t" Avenue, Miami Gardens, Florida, appeared
before the city Council in support of Item H-1.
Annie Lois Jordan, 1195 NW 203rd Street, Miami Gardens, Florida, appeared before the
City Council to voice concern with Item H-1. She asked how will the City be able to regulate the
banks.
Ruby Mackey Milligant, 18731 NW 39`" Court, Miami Gardens, Florida, appeared before
the City Council to express the same concerns as Mrs. Jordan.
Marlett Reid, 18200 NW 14t" Avenue, Miami Gardens, Florida appeared before the City
Council in support of Item H-1.
Yvonne Hart, 16000 NW 17t" Court, Miami Gardens, Florida, appeared before the City
Council in support of Item H-1. She thanked Councilman Williams for his efforts.
Mary Trody, 6127 NW 7t" Avenue, Miami, Florida, appeared before the City Council to
express support of Item H-1. She shared when people who are going through foreclosure reach
out to the banks they are ignored.
Evelyn Peters, 2515 NW 166t" Street, Miami Gardens, Florida, appeared before the City
Council in support of Item H-1.
(H) ORDINANCE(S) FOR FIRST READING
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, DIRECTING THAT THE CITY
REFUSE TO DO BUSINESS WITH FINANCIAL INSTITUTIONS
THAT FILE MORE FORECLOSURE ACTIONS THAN LOAN
MODIFICATIONS; DIRECTING THE CITY MANAGER TO
REQUEST CERTAIN INFORMATION FROM THESE
INSTITUTIONS; PROVIDING FOR ADOPTION OF
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
REPRESENTATION; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN ANDRE WILLIAMS)
Councilman Williams thanked those in the audience for coming out in support of this
item. He said this foreclosure issue has touch all of us every deeply. This is a crisis in our
community. Miami Gardens has the second highest foreclosure rate in the state of Florida. This
is especially problematic because of the high ownership rating. The City of Miami Gardens has
a seventy percent (70%) homeownership rating. Our problem is made worse by the high
unemployment rate. There is a direct collation between unemployment and foreclosures. He
stated that he has been very involved in foreclosure clinics. There are pastors present who have
also been involved with hosting these foreclosure clinics. He shared that he has had good
relationships with the banks. Most have been good citizens, however he was very disappointed
to hear that the Treasurer Department that these banks that that the Federal Government gave 20
Billion Dollars (tax payers' dollars) as part of the bailout. The banks have only modified 15% of
the home loans. He emphasized the importance of holding banks accountable.
Councilman Williams shared the City currently has 2.5 Million dollar deposited in Bank
of America; Five Million Dollars deposited in the Community Bank of Florida; the City has
approximately 9 Million Dollars deposited in Wachovia/Wells Fargo Bank.
Councilman Williams made reference to privacy information and stated banks can provide
information about the number of forecloses. Privacy information has to do with specific
individual information. He said he was not asking about specific individual information, only
the general numbers relating to foreclosures, and the number for modifications. He further
shared the banks have to report the number of modifications to the federal government.
Therefore, the banks will not have to reinvent the wheel because the information is there.
Councilwoman Pritchett applauded Councilman Williams for championing the cause of
Miami Gardens' residents who approached him with their challenges related to foreclosures, and
their concerns about what would happen to them if they lost their homes. She opined this
foreclosure crisis is "shared responsibility;" and conveyed belief that it will take "shared efforts"
to help Miami Gardens' residents who may find themselves in this position. This Council is in a
unique position; a unique position because the four (4) banks may view what Councilman
Williams wants to try to accomplish, as adversarial, when the essence is you want to "do
something" to provide much-needed relief to constituents, a unique position that becomes an
opportunity for constructive engagement. He said all he was asking that if the banks would not
corporate that the City take its money out of those banks.
Councilman Williams made reference to a Miami Herald article about how the Obama's
administration was critical of Bank of America and Wells Fargo. He said they are the worst
offenders, and they are the banks the City does business with. Bank of America only modified
13% of their loans. Wells Fargo-Wachovia modified 12% of their loans. He said there are good
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
guys and bad guys in this situation. JP Morgan Chase is one of the good guys, and have
modified 33% of their loans. He opined this says that it can be done.
Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to adopt
this item on first reading.
Vice Mayor Gilbert asked Councilman Williams whether he was saying that JP Morgan
Chase has modified more loans than they have foreclosures.
Councilman Williams in response to Vice Mayor Gilbert's question said he really did not
know.
Vice Mayor Gilbert opined, said under the proposed ordinance, the City could not do
business with JP Morgan Chase either because they would not have succeeded their
foreclosure/modification threshold.
Councilman Williams said he did not have the specific data. However, the City could
certainly request that information. He opined it is fair to say that some banks are doing better
than others.
Vice Mayor Gilbert asked staff if it knew the criteria for modification.
Daniel Rosemond, Assistant City Manager/Community Development Director appeared
before the City Council to respond to Vice Mayor Gilbert's question. He said the general
mortgage modification criteria require the property owner to reside in the home as primary
residence; must have some verifiable income; must meet the debt/income ratio requirement; must
be able to show can pay the new payment amount; must have a reason for the financial hardship;
cannot be in foreclosure.
Vice Mayor Gilbert asked if Mr. Rosemond had any idea about the number of
foreclosures, specifically to Miami Gardens.
Mr. Rosemond said he did not know the exact number, but could try to obtain that
information. Through the Neighborhood Stabilization Program, staff determined that eight of the
properties obtain by the City were investor owned. For that indication, that is a condition that
exists within the City. He said as the City attempt to purchase property through the
Neighborhood Stabilization Program the City is constantly competing with investors.
Councilman Williams said based on information he received from the Federal
Government in 2008 the City of Miami Gardens had over 4,000 foreclosures.
Vice Mayor Gibson asked Mr. Rosemond to expound upon the Neighborhood
Stabilization Program.
Mr. Rosemond explained through the NSP (Neighborhood Stabilization Program) the City
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
buys properties that have been foreclosed upon and are abandoned. The ultimate goal of those
dollars is to make those properties homeownership opportunities for income eligibility residents.
The properties are purchased from the banks holding the mortgage.
Vice Mayor Gilbert asked if this item is adopted on second reading, and the City asked the
banks for this information and the banks did not provide it, would the City still be able to
purchase these foreclosed and abandoned homes from the banks.
Mr. Rosemond opined that the city would not be able to purchase the foreclosed and
abandoned properties from the banks. He opined the City's relationship with the banks would be
severed. This would stop the program from moving ahead as well as jeopardize the second
round of application for funding the City has submitted.
Councilwoman Watson made reference to the number of modifications executed by JP
Morgan Chase. She shared that she had an opportunity to meet with representatives from JP
Morgan Chase on last week. She said the representatives from "Chase" indicated they only
identified two properties within the City of Miami Gardens with a mortgage from their lending
institution, with foreclosures pending. She opined that 33% of modified loans did not benefit
the City.
Mr. Rosemond confirmed that there were two properties under foreclosure with JP
Morgan Chase Bank that meets the criteria of abandonment and foreclosure under the NSP.
Councilwoman Watson asked whether staff has identified the number of
foreclosed/abandoned properties within the City of Miami Gardens owned by the other banks.
Mr. Rosemond said he did not have that information broken down.
Councilman Campbell opined this is a noble effort by Councilman Williams. He said just
because the City does business with the local lending institutions does not mean the City
supports them. He said when the City needs to float a bond it has to go to a bank that gives the
best rate. He said the Council cannot make decisions based on emotions. He said the Council
represents over 100,000 people who pays taxes.
Councilwoman Pritchett stated before the Council votes on this item, she asked
Councilman Williams to consider tabling the item, and consider a six (6) step Comprehensive
Approach to what can become a "Win-win" situation for the Homeowners, the banks, the City
and even perhaps become a "model" for other cities who find themselves in a foreclosure crisis:
1) Direct the City Manager to write the Federal Reserve a letter requesting the number of
reported "Foreclosed Starts" and "Foreclosure Inventory," in the City of Miami Gardens, during
the last two "reporting quarters," listing the average cost of each house. She shared, banks are
required by law to report this information to the Federal Reserve. The foreclosure starts and the
foreclosure inventory request should include a breakdown of the types of loans and the number
of those types of loans (VA, FHA. Fixed V ARM: Length of ARM, Interest only mortgages, pay
options ARMS and other adjustable rate mortgages; conventional (fixed V ARM, Agriculture
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
(Fixed V Prime; and which loans are Prime and/or Subprime.
2) Invite Washington Mutual/JP Morgan Chase, SunTrust, Bank of America, and
Wachovia/Wells Fargo Banks to a meeting with the City Council to explain their challenges and
what they have done through President Obama's "Homeowner Affordability and Stability Plan"
and /or the "HOME AFFORDABLE REFINANCE PROGRAM FOR RESPONSIBLE
HOMEOWNERS".
3) As the banks how the City can assist their efforts to help struggling homeowners, in the
City of Miami Gardens, who are in foreclosure to be able to avoid foreclosure and stay in their
homes.
4) Partnership opportunity? Perhaps the City can offer financial counseling, financial
guidance, Financial Literacy -paid for with HUD and/or CDBG dollars the City receives?
Another out-of--the box strategy is to create a community benefits agreement (CBA) Model
where the banks, the city and residents who would be members of a Banking Industry/Mortgage
Foreclosures Citizens Advisory and Empowerment Committee would create this Community
Benefits Agreement that will focus on specific Elements, Goals, and/or Objectives everyone can
agree to strive towards the successful attainment thereof.
5) Create a "Banking Industry/Mortgage Foreclosures Citizens Advisory Empowerment
Committee. This Committee would be comprised of residents who have specific knowledge
pertaining to the banking industry/mortgages/foreclosures who will serve and seek to
recommend more "out-of--the-box" approaches to the City Council, the four (4) banks and/or
other concerned/interested parties. This Banking Industry/Mortgage Foreclosure Citizens
Advisory and Empowerment Committee has the potential to educate and empower us all as they
recommend possible solutions that will strengthen us, as a City, and promote confidence with the
banks that our "shared efforts" can produce "shared responsibilities" that will move this process
forward.
6) Schedule afollow-up meeting to update and report success. This should be done within a
six month timeframe.
Councilwoman Pritchett asked Councilman Williams to consider this approach and/or an
approach similar to this one that allows him to do something as requested by the residents, while
forging an alliance with the four banks who hold Miami Gardens' money, some of whom may
have acquired and/or inherited these Foreclosures when their banks merged with existing banks,
as he seek to perpetuate a "win-win" situation for us all.
Councilman Campbell interjected and commented Councilwoman Pritchett for this
suggestion. He said this is the type of discussion the Council should have had prior to bringing
this item forward. However, due the Sunshine Law, the Council can only discuss an item when it
is before the Council for consideration.
Councilman Williams indicated that he was not willing to table the matter.
Councilman Bratton said he was uncomfortable voting for this matter because he did not
have all the facts.
Councilwoman Watson opined the City has no jurisdiction on federal regulated banks.
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
At the conclusion of this discussion, the motion to approve this item failed by a 1-6 vote.
Vice Mayor Gilbert: No
Councilwoman Pritchett: No
Councilwoman Watson: No
Councilman Williams: Yes
Councilman Bratton: No
Councilman Campbell: No
Mayor Gibson: No
H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, REPEALING ORDINANCE NO.
2003-14 RELATING TO THE ESTABLISHMENT OF A RECORDS
RETENTION COMMITTEE, PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY CLERK)
Clerk Taylor explained this is a housekeeping item. Florida Statutes and the Florida
Administrative Code provide for procedures by which records are disposed of, therefore this
Committee is no longer needed.
Motion offered by Vice Mayor Gilbert, seconded by Councilman Bratton to adopt this
item on first reading.
There being no further discussion, the motion to adopt on first reading passed and carried
by a 7-0 vote.
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Williams: Yes
Councilman Bratton: Yes
Councilman Campbell: Yes
Vice Mayor Gilbert: Yes
Mayor Gibson: Yes
H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE II,
SECTION 10 (1) OF ORDINANCE NO. 2005-10-48 AS AMENDED,
THE CITY'S "PURCHASING ORDINANCE," TO DELETE THE
REQUIREMENT THAT NOTICES INVITING BIDS BE
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION
IN MIAMI-DADE COUNTY, AND TO PROVIDE, INSTEAD THAT
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
EXCEPT FOR THOSE SOLICITATIONS WHICH ARE
GOVERNED BY FLORIDA STATUTES, SAID NOTICES BE
PUBLISHED ELECTRONICALLY ON A WEBSITE DESIGNATED
BY THE CITY; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Manager Crew explained the Procurement Division currently advertises each formal
solicitation in the Daily Business Review one time. The average cost per notice is $110.00.
Each formal solicitation is also posted at www.DemandStar.com. The State Statutes requires
formal bid notices for the procurement of goods and services, including professional services to
be an electronic posting. A survey of the last nine bids issued indicated more vendors saw the
notice on DemandStar, only three (3) vendors saw the notice in the Daily Business Review and
six (6) saw the notice on the City's website.
Motion offered by Vice Mayor Gilbert, seconded by Councilman Campbell to adopt this
ordinance on first reading.
At the conclusion of the discussion, the motion to adopt on first reading passed and
carried by a 7-0 vote.
Councilwoman Watson: Yes
Councilman Williams: Yes
Councilman Bratton: Yes
Councilman Campbell: Yes
Vice Mayor Gilbert: Yes
Councilwoman Pritchett: Yes
Mayor Gibson: Yes
H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO.
2005-14-52, "LANDLORD PERMITS" TO AUTHORIZE THE CITY
TO DENY, REFUSE TO RENEW OR TO REVOKE A LANDLORD
PERMIT WHEN PROPERTY HAS BEEN DEEMED A CHRONIC
NUISANCE, IN ACCORDANCE WITH THE DEFINITION
CONTAINED HEREIN; PROVIDING FOR AN AMENDMENT TO
THE DEFINITION SECTION; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Renee Farmer, Deputy City Manager appeared before the City Council to expound on
this ordinance. She said this ordinance would address those chronic nuisances and would
provide the City with the ability to revoke or deny a landlord permit if the property is deemed a
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
"chronic nuisance."
Motion offered by Vice Mayor Gilbert, seconded by Councilman Campbell to adopt this
ordinance on first reading.
At the conclusion of the discussion, the motion to adopt on first reading passed and
carried by a 7-0 vote.
Councilman Williams: Yes
Councilman Bratton: Yes
Councilman Campbell: Yes
Vice Mayor Gilbert: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Mayor Gibson: Yes
H-5) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ESTABLISHING A
REIMBURSEMENT PROCEDURE FOR ELECTED OFFICIALS
AND AUTHORIZED EMPLOYEES OF THE CITY, IN
ACCORDANCE WITH SECTION 2.6 OF THE CITY'S CHARTER;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE (SPONSORED BY
THE CITY MANAGER)
Manager Crew explained Section 2.6 of the City's Charter provides that elected officials
and authorized employees of the City are to receive reimbursement in accordance with
applicable law or as may be otherwise provided by ordinance for authorized expenses incurred in
the performance of their official duties limited to no more than $1,200 per month. The attached
ordinance provides guidelines, with the main difference from current procedures is that unspent,
budgeted funds are carried forward. The ordinance still prohibits the Council from receiving
reimbursement using future allocations.
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to adopt this
ordinance on first reading.
Motion offered by Vice Mayor Gilbert, seconded by Councilman Bratton to amend the
ordinance by deleting Subsection (b) entitled "City Manager, City Clerk and City Attorney's
Expenditures.
Attorney Dickens stated for the record that the Charter does provide for other authorized
employees of the City to receive reimbursement.
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
There being no further discussion on the amendment, 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 adopt on
first reading passed and carried by a 7-0 vote.
Councilman Bratton: Yes
Councilman Campbell: Yes
Vice Mayor Gilbert: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Williams: Yes
Mayor Gibson: Yes
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
ORDINANCE N0.2009-20-192
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CREATING A FLOOD PLAIN
MANAGEMENT ORDINANCE, AS ATTACHED HERETO IN
EXHIBIT "A"; PROVIDING FOR FINDINGS OF FACT, PURPOSE
AND OBJECTIVES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR REGULATIONS AND STANDARDS;
PROVIDING FOR VARIANCE AND APPEALS PROCEDURES;
PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Manager Crew explained currently the City uses the County's floodplain management code
to enforce the National Flood Insurance Program standards. The County's code is outdated and
includes references not applicable to Miami Gardens. This ordinance will create the City of Miami
Gardens' Floodplain Management Program.
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 Campbell, seconded by Vice Mayor Gilbert to adopt this
ordinance.
There being no further discussion, the motion to adopt passed and carried by a 7-0 vote.
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Williams: Yes
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
Councilman Bratton: Yes
Councilman Campbell: Yes
Vice Mayor Gilbert: Yes
Mayor Gibson: Yes
(J) CONSENT AGENDA
RESOLUTION N0.2009-157-1102
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, URGING THE OBAMA
ADMINISTRATION TO GRANT TEMPORARY PROTECTIVE
STATUS TO UNDOCUMENTED HAITIANS; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE
WILLIAMS)
RESOLUTION N0.2009-158-1103
J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ESTABLISHING THE FEES FOR
THE ISSUANCE OF RE-OCCUPANCY PERMIT; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-159-1104
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AWARDING A BID TO VILA &
SON LANDSCAPING CORP., TROPIC LANDSCAPING & LAWN
MAINTENANCE, INC., SUPERIOR LANDSCAPING & LAWN
SERVICE, INC., ALL GREEN IRRIGATION SERVICES, INC.,
CUTTERS EDGE LAWN & MAINTENANCE, INC., BANNERMAN
LANDSCAPING, INC., ARAZOZA BROTHERS CORP., AND 3E
TREE FARM PARTNERS, LLC FOR TREES AND PALMS FOR
CITY RIGHTS OF WAY, MEDIANS AND FRONTAGE ROAD;
AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE
ORDERS ON AN AS NEEDED BASIS, WITH THE SELECTED
VENDORS IN AN AMOUNT NOT TO EXCEED THE BUDGETED
AMOUNT; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-160-1105
J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN
MELVIN L. BRATTON'S APPOINTMENT OF YVES MARIO
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CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
CORDON TO THE ELDERLY AFFAIRS ADVISORY
COMMITTEE FOR A THREE YEAR TERM; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN
L. BRATTON)
RESOLUTION N0.2009-161-1106
J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RATIFYING COUNCILWOMAN
SHARON PRITCHETT'S APPOINTMENT OF WENDELL JAMES
JR., TO THE CARIBBEAN AFFAIRS COMMITTEE FOR A
THREE-YEAR TERM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY COUNCILWOMAN SHARON PRITCHETT)
RESOLUTION N0.2009-162-1107
J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RATIFYING COUNCILWOMAN
SHARON PRITCHETT'S APPOINTMENT OF SONIA FLOWERS
TO THE CITY OF MIAMI GARDENS CITIZENS ADVISORY
COMMITTEE FOR AN UNEXPIRED THREE (3) YEAR TERM
ENDING APRIL 8, 2011; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY COUNCILWOMAN SHARON PRITCHETT)
RESOLUTION N0.2009-163-1108
J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AWARDING BIDS TO QUALITY
WIRING, INC., AS PRIMARY BIDDER, STRUCTURED CABLING
SOLUTIONS, AS SECONDARY BIDDER, AND BCI
COMMUNICATIONS, AS TERTIARY BIDDER, IN AN AMOUNT
NOT TO EXCEED THE ANNUAL BUDGETED AMOUNT OF
$115,000.00; AUTHORIZING THE CITY MANAGER TO ISSUE
PURCHASE ORDERS ON AN AS NEEDED BASIS; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-164-1109-A
J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, LICENSE AGREEMENTS WITH THE
AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND
PUBLISHERS ("ASCAP") AND THE SOCIETY OF EUROPEAN
STAGE AUTHORS & COMPOSERS ("SESAC") FOR THE USE OF
Regular City Council Minutes
September 8, 2009 Page 13
CITY COUNCIL M[NUTES, SEPT. 8 ~ 2009
MUSIC IN NON-DRAMATIC PUBLIC PERFORMANCES, SAID
AGREEMENTS ARE ATTACHED HEREIN AS EXHIBITS "A"
AND "B," PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Motion offered by Vice Mayor Gilbert, seconded by Councilman Bratton to adopt the
Consent Agenda. This motion passed and carried by a 7-0 voice vote.
(K) RESOLUTION(S)
RESOLUTION N0.2009-164-1109
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AWARDING A BID TO CENTRAL
CONCRETE SUPERMIX, INC., BANASZAK CONCRETE CORP.,
AND A-1 CONSTRUCTION & RENOVATION, LLC. FOR
"READY MIXED" CONCRETE FOR REPAIR AND/OR
PLACEMENT OF CITY SIDEWALKS AND CURVES, ON AN AS-
NEEDED BASIS IN AN AMOUNT NOT TO EXCEED THE
ANNUAL APPROPRIATED BUDGETED AMOUNT; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Gilbert to adopt
this item.
Councilwoman Pritchett asked if these businesses would rotate or would all work on the
same project.
Manager Crew said the companies would be on a rotating bases.
There being no further discussion, this motion passed and carried by a 7-0 voice vote.
RESOLUTION N0.2009-165-1110
J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST AN
ASSIGNMENT OF THAT CERTAIN WORLD WASTE SERVICES
AGREEMENT TO WASTE MANAGEMENT, INC. OF FLORIDA;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY
MANAGER)
Councilwoman Watson expressed concern with this assignment as whether the City's
contract would be honored.
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September 8, 2009 Page 14
CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
Eileen Damaso, Vice President of Municipal Marketing and Government Affairs for
World Waste Services appeared before the City Council to address Councilwoman Watson's
concern. She said World Waste Services will continue to exist only a portion is being sold to
Waste Management.
Mr. Alex Gonzalez, a representative of Waste Management, Inc., appeared before the
City Council to further clarify that Waste Management would be acquiring and taking over those
services currently provided to the City of Miami Gardens by World Waste Services.
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to adopt this
item.
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to amend
lines 14 - 16 of the resolution to read "World Waste Services has notified the City that it is going
to'~° ~°~,.:r°a ~,., sell its assets to Waste Management Inc. of Florida, and has requested that the
City agree to assign its contract to Waste Management to authorize the assignment".
There being no further discussion on this amendment, the motion passed by a 7-0 voice
vote.
At the conclusion of this discussion, the motion to approve this item as a whole, passed
and carried by a 7-0 voice vote.
RESOLUTION N0.2009-166-1111
J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT NO.
926-594 WITH THE CHILDREN'S TRUST IN THE AMOUNT OF
$75,000.00 IN SUPPORT OF THE PARKS AND RECREATION
DEPARTMENT'S TEEN LEADERSHIP ACADEMY PROGRAM
FOR 2009 - 2010, A COPY OF WHICH IS ATTACHED HERETO
AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Gilbert to adopt
this item.
At the conclusion of this discussion, the motion to adopt, passed and carried by a 7-0
voice vote.
(L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
Manager Crew announced that he along with Mayor Gibson and the finance director
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September 8, 2009 Page 15
CITY COUNCIL MINUTES, SEPT. 8 ~ 2009
would be traveling to New York this coming weekend to secure a favorable bond rating.
Attorney Dickens announced the City of Miami Gardens has been named in a Class
Action Law Suit along with other municipalities relating to Red Light Camera Violations.
(M) REPORTS OF MAYOR AND COUNCIL MEMBERS
None.
(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 10:15 p.m. ~
Attest: ey Gibson, Mayor
i
Ronetta Taylor, MM ;%City Clerk
4
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