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May 28, 2008 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MAY 289 2008 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, May 28, 2008, beginning at 7:10 p.m., in the City Council Chambers, 1515 NW 167`h 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., Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert III. Councilman Andr6 Williams arrived at 7:15 p.m. 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 Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Pledge of allegiance recited in unison. (D) APPROVAL OF MINUTES Regular City Council Meeting—May 14, 2008 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 shall be pulled from the Consent Agenda at this time): The following items were added to the official agenda as items K-13 and K-14 respectively: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR SHIRLEY GIBSON'S APPOINTMENT OF BEAU PARRILLO, TO THE CITY OF MIAMI GARDENS CITIZENS ADVISORY COMMITTEE, FOR A FOUR (4) YEAR TERM, RESPECTIVELY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE." "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, THAT CERTAIN AGREEMENT WITH CGI COMMUNICATIONS TO IMPLEMENT A "COMMUNITY VIDEO PROGRAM" WITHIN THE CITY, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR Regular City Council Minutes May 28,2008 INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE" Motion offered by Councilman Bratton, seconded by Vice Mayor Watson to pull item K-8 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilman Bratton, seconded by Councilman Gilbert to pull item K-9 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilman Bratton, seconded by Councilwoman Pritchett to pull item K-10 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilman Williams to withdraw item K-3 from the official agenda. This motion was seconded by Vice Mayor Watson. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to pull item K- 12 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to approve the Official Agenda with the necessary additions and deletions. This motion was passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Presentation- Ken Dunn Mayor Gibson along with members of the City Council presented Mr. Dunn, former President of Calder Race Course for his outstanding contributions to the City of Miami Gardens and the community from 2003-2008. F-2) Strategic Planning Process, Crossroad Consulting Group Horace McHugh, Assistant City Manager appeared before the Council to provide background information for the Strategic Planning Process. Ms. Donna Ginn, 7300 North Kendall Drive, Suite 521, Miami, Florida, appeared before the City Council to explain the overall process for the Strategic Planning process. This five step process is a total quality approach to doing strategic planning. The first step was data collection, which was done by interviewing department heads and members of the City Council. In addition, several community meetings have been scheduled to get the input from the public in the geographical area of the residential seats, including the at-large seats (City-wide). After all the data has been collected and put into a format, a two day session will be planned. Part of that two- day session is dedicated to team building. However, the bulk of that two day session is dedicated to planning. Out of that two day session a draft plan will be formulated. That draft plan will then be given to the department heads for another review and comments. The final Strategic Plan document will be brought back to the Council for approval. Mr. McHugh reappeared before the City Council to further expound on the process and stated at least four Town Hall meetings have been scheduled: June 10, 2008 - Scott Park Regular City Council Minutes 2 May 28,2008 Community Center; June 12, 2008 - Sierra Norwood Calvary; June 17, 2008 - A. J. King Park; June 18, 2008 -Job Corp Center, and possible a fifth meeting will be scheduled if necessary. He said once all the information is gathered a two day session will need to be scheduled with the Council. He said the Council will need to determine when that two day session will take place. Mayor Gibson said a Thursday and Friday would probably be preferable. She explained this is a very intense process. She placed emphasis on the importance of everyone adjusting their schedule in order to participate in the sessions. Councilman Williams indicated a Friday and Saturday would be preferable with him because of his work schedule. Staff was directed to look at scheduling a Friday and Saturday session. F-3) Affordable Housing Committee Report 1. Daniel Rosemond, Community Development Director appeared before the City Council to introduce Keenya Robertson, Vice Chair of the Affordable Housing Committee. Keenya Robertson, 18441 NW 2"d Avenue, Suite 218, Miami Gardens, Florida appeared before the City Council as Vice Chairperson of the City of Miami Gardens Affordable Housing Committee. She reported the Committee was charged with defining Affordable Housing however, after a review and consideration the Committee deemed it more appropriate to use the terminology of Workforce Housing as a type of housing for the City to promote. The problem with the workforce housing definition is there is no real funding for that type of housing. The Committee is now looking at different incentives that would attract builders here. The second issue looked at by the Committee was whether an Affordable Housing Policy should be developed for the City of Miami Gardens. Workforce Housing would provide a mechanism for the City to grow economically by bringing in a certain type of workforce (police, etc.). The reality right now is that approximately 70 percent of Miami-Dade County residents can not afford to purchase a house. Single family housing and programs to support and maintain the housing stock is critical to the City. Robert Ham, 17731 NW 15'Court, Miami Gardens, Florida, a Committee member of the Affordable Housing Committee appeared before the City Council to further expound on the Committee's report. Councilman Williams asked what are the Committee's thoughts on rental units. He said there are many properties within the City of Miami Gardens going through the foreclosure process and opined those individuals were probably not ready for homeownership, although that is independent. He asked whether those individuals would be more suited for some other type of housing. Ms. Robertson said there are a tremendous about of rental properties within the City of Miami Gardens. However, Workforce Housing is what the Committee is really focusing on. The emphasis is getting and maintaining the Single family housing currently available throughout the City. Educational programs are also needed for the homeowner. It is not just those individuals that are not ready for homeownership. In this particular City there are individuals who have been Regular City Council Minutes 3 May 28,2008 in their homes for a long time who gets taken in by lenders providing money for the equity in the property. Minority homeowners who have been in their homes for a long time are the key targets for predatory lenders. Many people lose their homes to this horrific loan product. Councilman Campbell conveyed his appreciation for this committee's efforts in recommending applicable policies for the Council's consideration and adoption. He further emphasized the importance of spreading affordable housing equally throughout Miami-Dade County rather than having that concentration in the Miami Gardens' area. Ms. Robertson said the Committee felt it appropriate for the City to affirmatively state its position on having a diverse and integrated area. Councilman Bratton suggested creating a slogan "we are for affordable housing but require equability for all municipalities throughout Miami-Dade County". Ms. Robertson said she would take this suggestion back to the Committee. Councilman Gilbert asked whether there have been any studies that track the traffic pattern without the affordable housing distribution. He opined a lot of people do not live where they work, which adds to how traffic flows. He suggested this might be an avenue to investigate as it relates to workforce housing. For example the people who work on Miami Beach, live on Miami Beach. Daniel Rosemond the City's Community Development Director appeared before the City Council and stated he did not know of any study that has been done with respect to Councilman Gilbert's inquiry. He shared he was aware that Miami Beach had in the past done some sort of linkage study for commercial, hotels and restaurants employees, and forcing the developers to pay a linkage fee so that housing for those employees would live in reasonable proximity to alleviate the traffic. F4) Elderly Affairs Advisory Committee Quarterly Report Jesse Stubbs, 20320 NE 2' Avenue, Miami Gardens, Florida, appeared before the City Council, along with Loretta Ham,to present the Committee's quarterly report. Ms. Hall shared some of the seniors are taking advantage of the Senior Citizen activities being provided at the various City parks. Since each park offers a different program there is a sense of competitiveness at each park. In addition there are senior citizens who are not able to take advantage of the services and activities being offered at the parks because of the limited space. Ms. Ham further reported on the second Health Fair sponsored by the Elderly Affairs. She stated the attendance and sponsorship was excellent, with other 300 individuals participating. The Committee is suggesting taking on a Senior Home Companionship project. Mr. Irvin Lyons, 3051 NE 185'Terrace, Miami Gardens, Florida, appeared before the City Council as a representative of the Elderly Affairs Advisory Committee. He presented the Committee's proposal to the City Council that the Elderly Services and Programs be placed under one service center. This would allow all to take advantage equally of the functions, services and activities that may be provided locally, state and federally. The committee also proposes the Regular City Council Minutes 4 May 28,2008 - implementation of a Department of Elderly Services. Mr. Stubbs informed the Council that the committee is short one member. Also the current committee members have completed their two year tenure. Councilwoman Pritchett asked for a copy of the Committee's Mission Statement. She asked whether the interaction with the Florida Department of State's Elderly Affairs provided any meaningful information for the Committee, especially in terms of providing funding. Mr. Stubbs said a representative from the Florida Department of State Elderly Affairs Services did meet with the Committee. However, no funds have been received. Lillie Q. Odom, Community Outreach Specialist/Staff Liaison for the Elderly Affairs appeared before the City Council to Councilwoman Pritchett's question about the Community for a Lifetime Initiative. She clarified the City of Miami Gardens Elderly Affairs Committee is a committee and as such does not provide elderly services. She explained there are elderly services available under Miami-Dade County as well as the State of Florida. Councilwoman Pritchett conveyed her understanding of that. She expressed her understanding that the purpose of the Elderly Affairs Committee, in their reporting to the Council, is to bring back suggestions and recommendations to better move the process along to help effectuate what the Committee is trying to accomplish. Ms. Odom said the Mission Statement would be provided. She further explained the Community for a Lifetime Initiative had provided a survey, which was just completed and sent back. The Committee has not heard back from the State with regard to this survey. Councilman Campbell for clarification purposes asked whether the Committee was recommending an area dedicated for elderly only. Mr. Stubbs said this is correct. Councilman Campbell suggested perhaps an area in the new Multi-purpose Center being constructed can be dedicated for the elderly. Mr. Stubbs emphasized the importance of having a facility available for the elderly all year round. He said currently when school is out during the summer months the children takes priority. Therefore no activities are available for the elderly. Councilman Campbell said the Committee should be providing the Council with a solution to this problem by identifying a place. Vice Mayor Watson concurred with the comments made by Councilman Campbell. She further suggested that when looking at a facility to accommodate the senior to keep in mind the facility must be substantial enough in size to accommodate a large number of people. Councilman Gilbert for clarification purposes said it is not necessarily a dedicated spot that it needed it is structure that will allow activities to continue even when school breaks and summer recess. He opined this might be easy to do in the Community Center once it has been constructed. Regular City Council Minutes $ May 28,2008 Councilman Williams asked about the programs currently being offered for seniors. Mr. Stubbs in response to Councilman Williams' questions said Parks and Recreation Department currently provides for movie trips, luncheons,and games. However,not all programs in each park are the same. Mr. Lyons clarified the Committee is not looking for a park; it is looking for a building. The committee is proposing to bring the entire elderly recreation program under one building,rather than having different programs at each park. Vernita Nelson, Parks and Recreation Director for the City of Miami Gardens appeared before the City Council to expound on the programs currently being offered to the seniors at the various city parks. She explained the difference in programming at each park is that each park is provided a siphon for activities. Each group makes a decision on what activity they want to spend that siphon on. In addition, for the month of July when the kids are on field trips, scheduled activities for the seniors will be held at Carol City Park. Councilman Williams suggested utilizing the Mt. Hermon property, which the City purchased as an alternative. Ms. Nelson shared there were plans to develop this property on the drawing board. Staff would check to see where that particular project is as it relates to the Mt. Hermon property. Councilwoman Pritchett broached the subject of the terms of the Committee members and asked whether the Council would consider allowing these members to serve for another year and then staggering the terns. Councilman Campbell interjected and shared the best way to handle this would be to draft an ordinance. Attorney Dickens said she would draft an ordinance addressing the staggering of terms for Committee members. Councilman Campbell suggested including the Committees' recommendations as part of the Strategic Plan. Mayor Gibson shared making these recommendations a part of the Strategic Plan gives the Council some timelines, what it is going to cost, and how the City is going to commit to doing it. She placed emphasis on the importance of those recommendations being prioritized in conjunction with the City's upcoming budget. At the conclusion of the Elderly Affairs Advisory Committee's report, City Council members made presentations to the members as a token of their appreciation. F-5) April 2008 Budget Status Report William Alonso, Finance Director for the City of Miami Gardens appeared before the City Council to expound on the April 2008 Budget Status Report. He shared this report is also on the city's website for those residents who are interested in reviewing it. During April there were two minor budget amendments: 1) $12,973 in the Transportation Fund to account for grant funds Regular City Council Minutes May 28,2008 received for the Litter Campaign; and 2) $183,621 to the Capital Projects fund to cover the cost of the building permit for the new community center. There is a projected surplus of$500,000 to 1.5 Million for the end of the year. This would increase the fund balance from 8.5 to 9.5 million dollars. Approximately 71% of the budgeted revenues have been collected for the year. One concern for the month of April is that the Ad Valorem collection was lagging behind last year's. After placing a call to the Tax Collector to find out what the City's delinquencies were, and discovered there are approximately 36,000 properties in the City that are delinquent in taxes, which totals about 3.2 Million Dollars. June 2, 2008 those properties will be up for tax certificate sales. If those tax certificates sell, the City will get most of its remaining Ad Valorem tax revenue by the end of June. This information will be reflected on next month's report. Mr. Alonso reported expenses for the General Fund are at 53% of budget. The City has already completed 58% of the fiscal year therefore the expenditures are lagging a little behind budget, which will create a surplus for the City. All departments are within budget with the exception of Community Outreach, IT and City Hall. It is anticipated the City will have to subsidize the Developmental Services Fund between 1 and 1.2 Million. Mr. Alonso said the City has almost 31 Million Dollars invested mostly in CD's and Money Market Accounts. Councilman Williams broached the subject of the lagging Ad Valorem taxes and asked whether this will impact this fiscal year and what can be expected for next year. Mr. Alonso said he would be able to report on that in June. He anticipates getting the bulk of that money in June. That would all depend on how many property tax certificates that do not sell. On next Monday, the City will receive the tax assessment, which will provide information on what the City's revenues will be. Manager Crew shared one of the things that protects the City is that it is only allowed to budget for 95% of what the City expects to get. Councilman Williams asked whether the house values in Miami Gardens were more stable. Manager Crew said what he saw was that this area was more sellable than other areas. F-7) Optimist Baseball Program Fred Collins, Program Director Baseball Programs, Carol City Chiefs Brian Russell, Head Coach/Program Director, North Miami Red Sox Brian Russell, 480 NW 129'Street, North Miami, Florida, Head Coach/Program Director, North Miami Red Sox appeared before the City Council to provide an overview of his program. He stated that although not physically located within the City of Miami Gardens, he represented the North Dade Region,which includes Miami Gardens. This is the first urban baseball team possible in the State of Florida, as well as the first all black baseball team in the league. He said the mission of this league is not to groom future athletics, it is to groom future lawyers, doctors, teachers, etc. Many of the players are from single family homes and therefore are unable to pay the monthly fee of Regular City Council Minutes 7 May 28,2008 $35.00; however, corporate sponsors assist with that. The players are permitted into this program until they are off to college. The practice and home field is Barry University. This is not just an inner city baseball team, but a year round program that offers travel baseball, academic support, social and cultural programs, and mentoring. The mission is to send all of the players to college based on their academic merits. Dennis Abrams, a coach with the North Miami Red Sox, 3625 Miramar Parkway, Miramar, Florida, appeared before the City Council to express his love of children, working to motivate them and being a positive influence in their lives. Jean Anthony, a coach with the North Miami Red Sox, of Weston, Florida, appeared before the Council to express his support of this league. He also shared his dream of working with children and as an educator he has been able to realize that dream. Councilwoman Pritchett shared that Coach Russell has entered into a partnership with Coach Collins who has a team at Buccaneer Park. This union, which is at no cost to the City, shows that collectively when we all work together good things can happen with and for our youth. She thanked this group for their volunteer efforts. Councilman Williams stated as a black man he was very proud of these three gentlemen for being actively involved in these young men's lives. (G) PUBLIC COMMENTS Wendell James, 18820 NW 29' Place, Miami Gardens, Florida, appeared before the City Council to express his views about the committees being established by the City Council. He opined this one way to get the citizen's participation. Pat Lightfoot, 2750 NW 172"a Terrace, Miami Gardens, Florida, appeared before the City Council to express her views about the Elderly Affairs Committee. She asked that the disabled elderly be a part of the population and included when considering the Strategic Plan. Rosetta Rolle Hylton,20211 NW 42'Avenue, Miami Gardens,Florida,appeared before the City Council to commend Lillie Q. Odom, Community Outreach Specialist for doing an excellent job coordinating the Community Health Fair. She said the caliber of vendors that Ms. Odom had at this health fair were top notch, even down to the vendor from the State Attorney's Office. She stated being a Miami Gardens resident, she was very proud to be part of the health fair. Ms. Hylton further volunteered to work with the Elderly Affairs Committee with regards to possible space for the Committee to utilize at St. Monica's church during the summer months when the parks are occupied by children. Dr. Lester Brown, 18801 NW 29'Court, Miami Gardens, Florida, appeared before the City Council to lend encouragement to the Council's efforts. He stated that a citizen of this City he is pleased with the Council and what is has accomplished and what is trying to accomplish. He further broached the subject of workforce housing and opined we need workforce housing for those people that live and work in this City. (I) ORDINANCE(S) FOR FIRST READING: Regular City Council Minutes 8 May 28,2008 H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING A PROCEDURE FOR COMPLYING WITH SECTION 718.616,FLORIDA STATUTES, RELATING TO CONVERSION OF BUILDINGS TO CONDOMINIUM OWNERSHIP; PROVIDING FOR ADMINISTRATION;PROVIDING FOR REVIEW REQUIREMENTS; 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 this item is mandated by the State of Florida. There will be an accompanying resolution at the next meeting establishing the fees. Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to approve this item on first reading. Councilwoman Pritchett for clarification purposes referenced specific language in the ordinance more specifically Section 1. Purpose "in order to implement Florida Statutes 718.616 and 718.618, the City of Miami Gardens shall review conversion of buildings to condominium ownership. It is the City's intent to ensure that condominium conversions within the City of Miami Gardens meet the requirements as determined by the City." She said the ordinance addresses Section 718.616 however, she did not see anything with regard to 718.618. However, when she looked at that particular section of the Florida Statutes there are specific things the City must do to be in compliance. She asked why that information is not included in this ordinance. Attorney Dickens said she did not have the statutes in front of her however she was not sure an ordinance was required in order to comply. She opined that section of the statute is the law. She clarified Section 718.618 refers to the duties and obligations of the developer of the property. There being no further discussion on this item, the motion to approve on first reading passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR FIRST READING/PUBLIC HEARING(S): 1-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION VI AND XI Regular City Council Minutes 9 May 28,2008 OF THE CITY'S SIGN CODE TO PROVIDE FOR A DEFINITION AND REGULATIONS FOR MASCOT/FIGURINE/COSTUME SIGNS; AMENDING SECTION XI(E) RELATING TO REAL ESTATE SIGNS; 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 asked that this item be withdrawn. He explained there are several items relating to zoning that will need to be reviewed at a workshop. This item will be combined with those other items sometime within the next month of so a workshop date will be set. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to withdraw this item from the agenda. This motion 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 (.n ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S): ORDINANCE NO. 2008-20-156 J-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,ESTABLISHING A PREFERENCE IN PURCHASING AND CONTRACTING FOR BUSINESSES THAT MAKE MONETARY CONTRIBUTIONS TO MIAMI-DADE COUNTY PUBLIC SCHOOLS LOCATED WITHIN THE CITY OF MIAMI GARDENS; 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 COUNCILMAN OLIVER G.GILBERT)(1st Reading —May 14,2008) Councilman Gilbert explained his rationale for sponsoring this item. He said this is a way, while we are getting education, we are getting some sort of donation for all schools that directly affects us. He opined we can not have a great city if we do not have great schools. We can not lower crime if we do not improve education, in the long run. We can not attract businesses if we do not put out smarter students. Mayor Gibson opened the floor for this public hearing. Regular City Council Minutes 10 May 28,2008 David Williams Jr., 17640 NW 18'Avenue, Miami Gardens, Florida, appeared before the City Council and asked for clarification purposes how will the City delineate where the money will go. He further stated that he wants to make sure this Ordinance is fair to all schools because he believe the process the school board has can be a little tricky on how they allocate funds. Closing he conveyed his feelings that this Ordinance will be a great thing for the City of Miami Gardens Councilman Gilbert responded that he has sat with the City Attorney and Assistant City Manager Farmer to put this Ordinance together. Legally we can make sure the money goes to the schools in the City of Miami Gardens; however we can not collect the money and distribute it to schools because we are awarding contracts to these vendors. Ideally, thru the educational compact, we are assessing the needs of the different schools of Miami Gardens. That information will be provided to the vendors so that they can make the decision on what school they would like to contribute too. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this ordinance. Councilman Williams concurred with the comments made by Mr. Williams.He then asked is there a rule that the money received goes to the school board; how can we have the contribution distributed as we deemed fit. Councilman Gilbert in response to Councilman Williams stated we do not want to be in the position of controlling the money because it can seem that vendors are buying the bid. It could be considered a form of extortion. Councilman Williams asked what about appointing an independent body? Attorney Dickens in response to Councilman Williams said the money will not go directly to the school board, but to the principal of the school. Then the principal of the school will provide a certified letter that they received the funds. We did confirm that this is an acceptable process for the school board. Councilman Gilbert added when the bidder makes a donation and attaches a letter saying what the funds should be used for the school will have to use the fund for that purpose,or refund it back to the vendor. Councilman Campbell opined that process needs to be part of the Ordinance. He stated he is concerned that if the money is received by the school board and not by the principal the City will lose the contribution to the City of Miami Gardens' Schools. Councilwoman Pritchett informed the Council that Norwood Middle School receives funds for the use of their parking lot during Dolphin Stadium events. The Principal is supposed to use the funds for whatever she/he deems is necessary. However,the area Superintend is also allowed to use this internal fund for another school. How can we put some kind of protection in this Ordinance to ensure the funds remain within a Miami Gardens school. Attorney Dickens responded that we can not regulate the school board. Regular City Council Minutes 11 May 28,2008 Manager Crew stated the money has to be used specifically for what the vendor contributed it for. If it is not used for the specific reason the vendor has the right to get the money back. Councilwoman Pritchett asked for more clarification. Councilman Gilbert expounded further and stated what the manager said is part of their internal rules. Mayor Gibson recalled when she made a contribution to Norland Middle School; she had to provide a letter saying that the money is to be specifically used for the Art Magnet Program. This is part of their internal control. However, if the school does not spend every penny the money is taken from the school and given to another school that has exhausted all of its funds. Councilwoman Pritchett stated we should amend the Ordinance to have this type of control and asked how the language should be formed. Attorney Dickens stated that amendment should say that firms must specify in writing,when making monetary contribution, that the donated funds should be spent within schools in the City of Miami Gardens and state the specified purpose of the donation. Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton to amend the ordinance with the language specified by Attorney Dickens. Vice Mayor Watson expressed concern because of a previous engagement with a developer that was registered with County Clerk of Dade County that $200,000 be donated to a particular school. However, with this engagement recorded the funds were still distributed within the district and not that particular school. Councilman Gilbert said he is aware of that situation. The difference however, is that the contribution was not specified for a particular use; whereas this ordinance will suggest that a particular reason is given for the use of the contribution. This will ensure that the funds are used only for the particular school and not subject to be distributed across the school board. Councilman Williams suggested adding guidance on to what schools needs the funds. There being no further discussion on the amendment that motion passed by a 7-0 voice vote. Mayor Gibson shared the Education Compact will be a resource for getting schools on this wish list and making others aware of this process. There being no further discussion, the motion to adopt this ordinance passed and carried by a 7-0 vote. Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Regular City Council Minutes 12 May 28,2008 Mayor Gibson: Yes (K) CONSENT AGENDA/RESOLUTION(S) RESOLUTION NO.2008-97-784 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER,IN CONSULTATION WITH THE MAYOR,TO SELECT AN ENTITY OR ENTITIES AND TO NEGOTIATE AND EXECUTE AGREEMENT(S) FOR THE PRODUCTION OF JAZZ IN THE GARDENS 2009,SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY;AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE EVENT; PROVIDING FOR EXCEPTIONSIWAIVERS TO BID AND QUOTATION PROCEDURES WHERE NECESSARY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2008-98-785 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR SHIRLEY GIBSON'S APPOINTMENT OF ZVI SHIFF AND ALLAN MACKEN, TO THE CITY OF MIAMI GARDENS CITIZENS ADVISORY COMMITTEE, FOR A THREE (3) AND FOUR (4) YEAR TERM, RESPECTIVELY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) K 3) A RESOLUTION OF THE CITY COUNCIL OF T-14E CITY OF MIAMI GARDENS, FLORIDA, RAT-IFVING COUNCILMAN THE C-1TV OF MIAMI MI ! A RDENS CITiZnf7ADVISORY COMMITTEE, FOR A TWO (2) VEAR TERM; PROVIDING FOR THE ADOPTION OPTiON O REPRESENTATIONS; PROV DING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN AND RESOLUTION NO. 2008-99-786 K-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, RESPECTIVELY, THAT CERTAIN ADDENDUM TO THE VISA COMMERCIAL PURCHASING CARD WITH SUNTRUST BANK,A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; Regular City Council Minutes 13 May 28,2008 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-100-787 K-5) 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, THAT CERTAIN AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, 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) RESOLUTION NO.2008-101-788 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A CHANGE ORDER TO KEITH & SCHNARS, INC., FOR ENVIRONMENTAL CONSULTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 2008-102-789 K-7) 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, THAT CERTAIN AGREEMENT WITH MIAMI- DADE COUNTY DEPARTMENT OF ELECTIONS TO UTILIZE THE RECREATIONAL FACILITIES AT AUDREY J. KING PARK AND BUCCANEER PARK AS POLLING PLACES,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) RESOLUTION NO. 2008-103-790 K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AUTHORIZING THE ALLOCATION OF$19,776.55.00 FROM THE CITY OF MIAMI GARDENS'2007/2008 CDBG FUNDING FOR THE CITY OF MIAMI GARDENS PARKS AND RECREATION DEPARTMENT'S SUMMER OUTDOORS PROGRAM AS OUTLINED IN EXHIBIT"A"ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; Regular City Council Minutes 14 May 28,2008 PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-104-791 K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR SHIRLEY GIBSON'S APPOINTMENT OF BEAU PARRILLO, TO THE CITY OF MIAMI GARDENS CITIZENS ADVISORY COMMITTEE,FOR A FOUR(4) YEAR TERM, RESPECTIVELY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2008-105-792 K-14) 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, THAT CERTAIN AGREEMENT WITH CGI COMMUNICATIONS TO IMPLEMENT A "COMMUNITY VIDEO PROGRAM" WITHIN THE CITY, 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. Motion offered by Councilman Gilbert, seconded by Councilman Bratton to approve the Consent agenda. This motion passed and carried by a 7-0 voice vote. (L) RESOLUTION(S) RESOLUTION NO.2008-106-793 K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AUTHORIZING A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH GLANZ TECHNOLOGIES FOR THE COMPLETION OF RENOVATIONS ON THE CITY'S POLICE DEPARTMENT HEADQUARTERS BUILDING IN THE AMOUNT OF $63,900.00; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Bratton asked what happened in the process of planning the renovations the Police Department. Manager Crew explained we were moving fast to be sure to meet the deadline of moving the police department in. At the time we did not know what we needed. I did warn the council before that these types of things may happen or come up. This is why you see the change order. Regular City Council Minutes 15 May 28,2008 Bottom line we are still within what was estimated for the building. He then described some of the changes that were not anticipated during the original planning. Councilman Bratton asked will this be the final phase. Manager Crew said this may be the final change. Councilman Bratton conveyed his support of the Police Department however, he just wanted to question some of the change orders. He then asked what is the status of the building after the approval of this change order and the companion items on this Agenda. Manager Crew said there might be more because we are adding additional services to the Police Department. Motion offered by Councilman Gilbert, seconded by Councilman Bratton to approve this item. Councilwoman Pritchett stated this is embarrassing. She opined proper planning should have been done to avoid all of these change orders Vice Mayor Watson agreed with Councilwoman Pritchett. She stated however, we must consider the amount of money we where paying Dade County and not receiving adequate public safety service to our residents. We must look at the total picture before we say we were moving to fast, because we have put a police department in place, saved money and put better protection for this City. Councilman Williams disagreed with the statement of his Council members because change orders happen when there are changes through construction. Councilman Campbell agreed with Councilman Williams and opined this is not going to be a waste. He concurred with the manager that staff did warn us there may be some changes. Councilman Bratton explained that he pulled this item not to criticize the manager but to question the resolution. There being no further discussion, the motion to approve for passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. RESOLUTION NO. 2008-107-794 K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AUTHORIZING A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH GEC ASSOCIATES FOR THE COMPLETION OF RENOVATIONS ON THE CITY'S POLICE DEPARTMENT HEADQUARTERS BUILDING IN THE AMOUNT OF $49,198.00; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Bratton indicated he pulled this item for a similar reason as Item K-8. Regular City Council Minutes 16 May 28,2008 Motion offered by Councilman Bratton, seconded by Vice Mayor Watson to approve this item. There being no discussion, the motion to approve passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. RESOLUTION NO.2008-108-795 K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AUTHORIZING A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH MIAMI SKYLINE CONSTRUCTION CORPORATION FOR THE COMPLETION OF RENOVATIONS ON THE CITY'S POLICE DEPARTMENT HEADQUARTERS BUILDING IN THE AMOUNT OF $380,100.00; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Councilman Bratton indicated he pulled this Item a similar reason as Items K-8 and K-9. Motion offered by Councilman Bratton, seconded by Councilman Gilbert to approve this item. There being no further discussion, the motion to approve passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. RESOLUTION NO. 2008- K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $61,739.50 TO DELL COMPUTERS FOR THE PURCHASE OF PERSONAL COMPUTERS, COMPUTER UPGRADES, LAPTOPS, ETC.,BY RELYING UPON THAT CERTAIN STATE OF FLORIDA BID #250-000-03-1; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Pritchett indicated she pulled this Item for the similar reasons stipulated earlier. Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton to approve this item. There being no discussion, the motion to approve passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESCINDING RESOLUTION NO. Regular City Council Minutes 17 May 28,2008 2008-50-737,WHICH AWARDED A BID FOR AUDITING SERVICES TO TCBA WATSON RICE LLP, & ASSOCIATES, WHICH APPROVED AN AUDIT COMMITTEE AND WHICH AUTHORIZED THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained when we awarded the bid last time we followed State Requirements. However during negotiation Watson&Rice withdrew. This Resolution is to basically rescind the previous Resolution and consider going with the second ranked firm. Motion offered by Councilman Gilbert, seconded by Councilman Bratton to approve this item. There being no discussion the motion to approve passed and carried by a 7-0 voice vote. L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO , TO PROVIDE AUDITING SERVICES IN AN AMOUNT NOT TO EXCEED $ APPROVING THE AUDIT COMMITTEE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew indicated that staff's recommendation is to consider the committee's second ranked firm. The City Attorney can explain the statue if the Council decides not to go with the second ranked firm. Attorney Dickens informed the council that the Florida Statue provides that you do not have to pick the first ranked firm; but you do have to state a reason why you are not picking the top ranked firm. Councilman Gilbert questioned whether there is a ranking because the Council just rescinded the Resolution that adopted the committee recommendation. Attorney Dickens said the Resolution before the Council is to adopt the ranking. Generally it is asking the council to approve the audit committee and accept the rankings of the audit committee. Councilman Gilbert asked what happens if we chose to reconfirm the committee? Attorney Dickens said then we will have to go back to re-bid. Councilman Williams asked could we designate ourselves to the committee. Regular City Council Minutes 18 May 28,2008 Attorney Dickens answered yes the council can appoint themselves with the assistance of the Manager. Mayor Gibson warned the Council of the commitment of time needed if the Council did decide to appoint themselves as the audit committee. Councilman Campbell stated he does not feel he has the expertise to be on the audit committee and rank the firms. He also caution of any ethics concerns that may come if the Council become part of the audit committee. He further stated that he is opposed to the Council being a part of the audit committee. Councilman Bratton concurred with Councilman Campbell and stated we have an excellent staff. Councilman Williams asked if staff can be used for administrative parts. Attorney Dickens replied yes staff can handle the administrative parts. Additionally there is a level of expertise in the audit committee, for instance the Finance Director is the CPA. It is not unheard of for elected officials to be a part of the actual audit committee. Councilman Gilbert stated we got rid of the ranking when we rescinded the previous Resolution. Attorney Dickens interjected that if the Council accepts staff as the audit committee, then you accept the rankings. Councilman Williams affirmed he does not want to replicate the process; he wants to have an audit committee with the expertise of staff and provide the Council with the information needed to make a good decision. Attorney Dickens confirmed the Council can do that tonight by considering the rankings of staff. But ultimately it will be left up to the Council to make a decision on whom to award the bid too or go back to re-bid. Mayor Gibson asked for clarification purposes whether the Council would need to state why we went out of the order of ranking, if that is the case. Attorney Dickens answered yes. Councilman Williams offered a motion to appoint the City Council as the audit committee with the assistance of staff to include Finance Director William Alonso, Assistant City Manager Horace McHugh, and City Manager Dr. Danny Crew. Attorney Dickens and Mayor Gibson warned that if this motion passed the bidding process will start over again. Councilman Williams modified his motion to hear presentations from the three audit firms present tonight. Regular City Council Minutes 19 May 28,2008 There being no further discussion the motion to hear from the three audit firms present passed and carried by a 7-0 voice vote. Councilman Bratton expressed concern with this process. Councilman Gilbert reminded the Council this is the process that was requested by the Council at the last meeting. Nestor Caballero of the joint venture of Alberni Caballero & Castellanos and C Borders- Byrd, CPA appeared before the city Council. He highlighted the staffing along with the experience of the firm Alberni Caballero & Castellanos. Cynthia Borders-Byrd of C Borders-Byrd, CPA; appeared before the city Council. She highlighted her expertise as the owner of the firm along with her experience working with other municipalities to include the City of Fort Lauderdale, Broward County and the State. Mr. Caballero informed the City Council of their current municipal audit clients. Additionally, he also shared a reference letter from the former finance director of the City of Miami Springs, which is the current City of Miami Gardens finance director. In closing Mr. Caballero believed his firm along with C Borders-Byrd is the best firm because they can provide quality service, efficiencies/cost savings with an experienced team. Councilman Bratton questioned the joint venture and the indication of 60% -40%? Mr. Caballero replied 60% of the working hours will be provided by Alberni Caballero& Castellanos and 40% by C Borders-Byrd, CPA. Councilwoman Pritchett asked when was the reference letter submitted by Mr. Alonso. Mr. Caballero responded that the reference letter was received when Mr. Alonso was the finance director of Miami Springs. Mayor Gibson asked will this be the first joint venture between the two firms. Mr. Caballero acknowledged that this would be their first joint venture. Councilman Campbell asked will Cynthia Borders-Byrd be reporting to Nesto Caballero because of the representation of the flow chart. Mr. Caballero replied that there was an error with the arrows of the flow chart. He restated that this will be a joint venture. Councilman Williams inquired where is the Town of Briny Breezes? Mr. Caballero informed Councilman Williams it is an ocean front town in Palm Beach County. Councilman Bratton asked how do you determine who gets what work. Mr. Caballero stated it is usually broken down by fund types. Regular City Council Minutes 20 May 28,2008 Scosha White of Harvey, Covington, & Thomas LLC appeared before the City Council. She introduced members of the audit team and explained the audit team approach in maintaining working relationships. In closing she introduced Roderick Harvey, Managing Partner. Roderick Harvey, Managing Partner of the South Florida Branch of Harvey, Covington& Thomas, LLC, appeared before the City Council. He further expounded in details some of the accomplishments in dealing with past Governmental clients in similar size and scope as the City of Miami Gardens. Additionally he explained the reasons why they should be the firm awarded the bid. In closing he introduced members of the auditing team. Jerry Chiocca of Rachlin appeared before the City Council. He introduced Annette Lewis of the joint venture of Sean Davis & Associates and Dewayne Mathis of Rachlin. Mr. Chiocca presented the background of Rachlin, team structure, planning procedures, staffing experience, and past joint ventures with Sean Davis & Associates. Additionally he conveyed belief that past experiences with the City of Miami Gardens should be the reason why they should be considered for the bid. Annette Lewis furthered expounded on the history and experience of Sean Davis & Associates. Councilman Bratton asked how often has Rachlin changed their name. Mr. Chiocca said the company has changed its name from Rachlin, Cohen & Holtz this past January to Rachlin. Councilman Bratton questioned the reason for the change. Mr. Chiocca responded for marketing purposes. Councilman Bratton asked what is the percentage of the Joint venture. Mr. Chiocca explained the percentage is 70%-30%. Councilman Gilbert asked what is the value for the company rotating its auditors? Mr. Chiocca explained in detail the importance of normal rotation as members of the team progress dim the company or leave the company. Councilman Gilbert asked the City Manager and the Finance Director what is value of rotating auditors. Manager Crew replied the value of getting a fresh pair of eyes and believes a rotation every 6 or 7 years is sufficient. William Alonso, Finance Director, concurred with the City Manager and conveyed his belief that it's good fiscal policy. Councilman Gilbert asked if Rachlin is our current auditor, who would be responsible for working on the City's account. Regular City Council Minutes 21 May 28,2008 Mr. Alonso informed Councilman Gilbert as of right now we are not contracted with an auditor and we will not need an auditor until July or August. Mr. Chiocca explained that he would rotate off the next year and Michael Futterman would come in and take over. Councilman Campbell opined what needs to be considered besides rotating is experience. He questioned how do you weight the two. Additionally he values the level experience. Councilman Williams stated he is a firm believer in rotation. He questioned the city attorney about the process in choosing the firm. Attorney Dickens suggested that a motion be made to select a firm and then the council vote to approve the motion. Mayor Gibson asked Roderick Harvey what was the budget for the City of Lauderhill and City of Lauderdale Lakes. Mr. Harvey replied that the budget for the City of Lauderhill was around$110 million and the City of Lauderdale Lakes was around $75 million. Mayor Gibson asked whether his firm performed audits for a certain department within Miami Dade County and Miami Dade County Aviation. Mr. Harvey answered that they did a particular function within the County and Aviation. Additionally he performed 20% on joint ventures for larger projects. Mayor Gibson asked Nestor Caballero the about the budget of some of the municipalities they have worked for. Mr. Caballero responded that for the City of Hialeah had a budget of$300 million, City of Hialeah Gardens was around $60 to $80 million, and City of Miami Springs was around $60 to $100 Million dollars. Cynthia Borders furthered shared that they performed stand alone audits for Miami Dade County School board for their impact fee fund, which was $100 million, dealing with mostly cash and investments. Mayor Gibson questioned her experience with Ernst and Young, LLP and sizes of financial audits she has done. Cynthia Borders-Byrd replied that she worked for Ernst and Young for three years. She was responsible for the budget of Miami Dade County $6 billion, Miami Dade Public Schools which is in the billions of dollars along with Broward county during the same instances. Councilman Williams asked what is the advantages of the joint venture and the stand alone. Ms. Border-Byrd responded that it gives the advantage to grow her practice. Regular City Council Minutes 22 May 28,2008 Mr. Harvey Roderick responded to Councilman Williams and explained the advantage of being a stand alone firm and the importance in dealing with one firm. Additionally you avoid finger pointing between the two firms should a problem or issue a rise. Councilman Williams asked Mr. Alonso what was the difference between the points that separated Harvey Covington & Thomas, LLC and Alberni Caballero & Castellanos? Mr. Alonso responded that the biggest difference between the two firms was price. Councilwoman Pritchett asked Mr. Harvey would he be the primary person overseeing everything. Mr. Harvey responded yes and stated despite the fact that most of his staff members have only a little bit more then a year with his firm, they have more experience from working with previous firms. Attorney Dickens asked for clarity from a member of the audit committee about the pricing between the firms. Mr. Alonso explained the pricing worksheet that was provided to the Council. Motion offered by Councilman Williams, seconded by Councilman Gilbert to award the bid to Harvey, Covington&Thomas, LLC based on experience with Municipalities with similar characteristics to Miami Gardens. There being no further discussion the motion passed by a 6-0 vote. Please note, Councilman Bratton left the meeting at 11:05 p.m. Councilman Bratton: Not present Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes RESOLUTION NO. 2008-111-798 L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO HARVEY, COVINGTON & THOMAS, LLC, TO PROVIDE AUDITING SERVICES IN AN AMOUNT NOT TO EXCEED _; APPROVING THE AUDIT COMMITTEE;AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE; Regular City Council Minutes 23 May 28,2008 Motion to amend the Resolution to award the bid to Harvey, Covington&Thomas, LLC to not exceed the amount indicated on the cost worksheet was made by Councilman Gilbert and second by Councilman Campbell. There being no further discussion the motion passed by 6-0 voice vote. RESOLUTION NO. 2008-112-799 L-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH KAUFFS OF MIAMI, INC., FOR TOWING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) Manager Crew explained there were changes made by the council on what we wanted for Towing Service. Therefore we had to go back and re-bid. Staff is recommending that the bid be awarded to Kauffs of Miami, Inc. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to approve this item. Mayor Gibson questioned the cost because she recalled it being an issue before. Manager Crew said staff set up the cost for the towing. Pam Thompson, Procurement Director, appeared before the Council and acknowledged that staff did set the rates in this bid. Councilwoman Pritchett asked what is the length of the contract? Manager Crew replied three years. There being no further discussion the motion to approve passed and carried by a 6-0 voice vote. (M) REPORTS OF CITY MANAGER AND CITY ATTORNEY. L-1)City Manager's Report Attorney Dickens requested approval to retain an attorney to represent the City on a matter before the Public Employees Relations Commission. Mayor Gibson passed the gavel and offered a motion to authorize the City Attorney to retain outside Counsel. This motion was seconded by Vice Mayor Watson. Vice Mayor Watson stated she would like to make sure the City become pro active against any other Union action that comes down the pipe. Councilman Williams asked what are we getting outside council for? Regular City Council Minutes 24 May 28,2008 Attorney Dickens responded the attorney will represent the City on a labor petition which alleges that some employees would like to start a union. There being no further discussion the motion passed by a 6-0 voice vote. Attorney Dickens added that she along with assistant City Manager McHugh will schedule Council and staff for ethics training in the near future. Horace McHugh, Assistant City Manager, asked for a consensus from the Council on a good day to schedule the training. Mayor Gibson suggested having the training on an off Wednesday. Manager Crew asked that the City Council not comment publicly about the labor negotiations because one word out of place have a fair labor charge against us. Mayor Gibson ordered that no discussion be made by any member of the Council. (1) REPORTS OF MAYOR AND COUNCIL MEMBERS. Councilman Campbell requested that the Council expedite the final appointments to the CAC so that the committee can get started. Mayor Gibson suggested that by the next Council meeting that the Council members submit their final appointments to City Attorney. Council Williams announced that there will be a Jaycee small business workshop on June 10'at the Northwest Regional Library. Vice Mayor Watson reported that she will submit a list of men and women for the Professional Young Adult Committee for consideration by the first meeting of July. Additionally she informed the City Attorney that there was an error on the appointments set within the Ordinance starting the committee. The membership should be 15 instead of 13. (P) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC. None. (Q) ADJOURNMENT. There being no further business to come before this Body and upon a motion being duly made by Councilman Gilbert, the meeting adjourned at 11:45 p.m. Attes . sl i y so , Mayor Ronetta Taylor, C , City Clerk Regular City Council Minutes 25 May 28,2008