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September 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. Regular City Council Minutes September 8, 2009 Page 1 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. Regular City Council Minutes September 8, 2009 Page 2 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 Regular City Council Minutes September 8, 2009 Page 3 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 Regular City Council Minutes September 8, 2009 Page 4 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 Regular City Council Minutes September 8, 2009 Page 5 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 Regular City Council Minutes September 8, 2009 Page 6 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. Regular City Council Minutes September 8, 2009 Page 7 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 Regular City Council Minutes September 8, 2009 Page 8 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 Regular City Council Minutes September 8, 2009 Page 9 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. Regular City Council Minutes September 8, 2009 Page 10 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 Regular City Council Minutes September 8, 2009 Page 11 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 Regular City Council Minutes September 8, 2009 Page 12 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. Regular City Council Minutes 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 Regular City Council Minutes 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 Regular City Council Minutes September 8, 2009 Page 16