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05.26.2010 CITY COUNCIL MINUTES - MAY 26 2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MAY 26, 2010 (A) CALL TO ORDER/ROLL CALL The City Council of the City of Miami Gardens, Florida, met in regular session on Wednesday, May 26, 2010, beginning at 7:03 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 Aaron Campbell Jr., and Council members Barbara Watson, Andre Williams, Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert III. (B) INVOCATION Delivered by Vice Mayor Campbell. (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes—April 28,2010 Motion offered by Councilman Williams, seconded by Councilman Gilbert to approve the minutes. 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 Watson, seconded by Councilman Gilbert to amend the official agenda to add a presentation as Item F-7) Miami Carol City, Assistant Principal Ms. McKinney talk about Spotlight Stop the Violence Event. This motion passed and carried by a 7- 0 voice vote. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to approve the official agenda. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mayor Shirley Gibson—Calder Race Course Mayor Gibson presented Tom O `Donald, former President of Calder Race Course for his exemplary community support and positive partnership with the City of Miami Gardens. She acknowledged Mr. O `Donald assistance and monetary contributions from Calder Race Course in securing the fountains along NW 27th Avenue near Calder Race Course. Mr. O `Donald was afforded an opportunity for comments. Regular City Council Minutes May 26, 2010 Page 1 CITY COUNCIL MINUTES - MAY 26 2010 F-2) Councilwoman Sharon Pritchett—Silver Knight Winner Councilwoman Sharon Pritchett along with members of the City Council presented awards to the following students for their excellence in academic achievement: Khadija Brydson, Silver Knight Winner— Miami Carol City Senior High School; Ebony Kerra Robinson — Silver Knight Honorable Mention—Miami Carol City Senior High School; Eboni D'Nae Finley, Silver Knight Honorable Mention — Miami Carol City Senior High School; Shantivia Denise Conley Silver Knight Honorable Mention — Miami Carol City Senior High School; D'Bria Anais Bradshaw, Silver Knight Honorable Mention—Monsignor Edward Pace Senior High School. Councilwoman Pritchett also presents plaques to: Ms Alexandria Martin, Miami Carol City Senior High School Silver Knight Coordinator; and Ms. Nichole Dino, Miami Carol City Senior High School Silver Knight Co-Coordinator for their exemplary service, guidance and leadership, and being the wind beneath the wings of the winners. Ms. Martin appeared before the City Council to acknowledge the principal and assistant principal of Miami Carol City Senior High School for their support of the Silver Knight program. F-3) Parks and Recreation Department—Turf Rodeo Kara Petty, Parks and Recreation Department Supervisor appeared before the City Council to report that the City of Miami Gardens Parks Maintenance placed second in this competition. A trophy was presented to the winners. F-4) Progressive Young Adult Committee Report. Joi Bottino, Joi, Vice Chair and Ken Devon appeared before the City Council to report that the Committee established a vision and mission statement as well as its by-laws. Sub Committees were also established. The Committee participated in the 2010 MLK Celebration. The Committee members also volunteered at numerous events prompting the 2010 Census. Vice Chair Botinno said the challenges being experienced by the Committee involves lack of quorum and the fact that there are vacancies on the committee. She further stated the committee is requesting that the ordinance creating the committee be revisited to amend the language to state that instead of 15 members being required to attend local colleges that language be changed to stated that 10 members shall be attending local colleges. Councilwoman Watson shared that Ms. Bottino is a former member of the City of Miami Gardens Junior Council. F-5) Dr. Crew, City Manager Employee of the Mon year Service Pins Manager Crew presented Five Year Service Pins to the following employees: Claudio Guzman, Parks and Recreation Department; Soykia Smith, Building Department; Stephen Osborne, Public Works; Willie Pierce, Public Works; Ensewell Lane, Public Works; Richard Miller, Public Works; Steve Smith, Code Enforcement; Clifford McCullough, Public Works; Didier Mendez, Public Works; Vernita Nelson, City Manager's Office; Mayra Morales, Parks and Recreation Department. Regular City Council Minutes May 26, 2010 Page 2 CITY COUNCIL MINUTES - MAY 26 2010 F-6) Deputy Chief Paul Miller—Kiwanis Scholarship Presentation Paul Miller, President of the Miami Gardens Kiwanis Club appeared before the City Council to introduce the winners of the Kiwanis Scholarship Winners. Each student received a $1,000 scholarship. The Kiwanis Club Scholarship Committee members, which consisted of: Renee Farmer, Sonja Dickens and Steve List were commend for their efforts. The winners were: Khadijah Brydson — Miami Carol City High School; Desiree Newkirk — daughter of City of Miami Gardens Employee; Jamal Hyppolite—Monsignor Pace High School and Nigal Mosley— Norland High School. Mayor Gibson thanked the Miami Gardens Kiwanis for the outstanding work it does in the community,not only with the youth but with elderly as well. F-7) Stop the Violence—Assistant Principal Miami Carol City Senior High School Nelson Izquierdo, Principal and Bridget McKinney, Assistant Principal of Miami Carol City High School appeared before the City Council to convey their appreciation to the City of Miami Gardens for its support and partnership during the Spotlight Against Youth Violence Event.(Miami Carol City Feeder Pattern and Junior Council Spotlight Event) Ms. McKinney said this was made possible because of the partnership. She further acknowledged members of the Junior Council for their participation. She presented Certificates of Special Recognition to Mayor Gibson and Councilwoman Watson. Mayor Gibson invited Principal Izquierdo to provide information on the new Carol City Senior High School building. Mr. Izquierdo said the students will be moving into the new 80 Million Dollar school complex at the beginning of next school year. This state of the art facility will highlight the Construction Academy. The students of that Academy were involved in the building of that particular building. The academic achievement of the school is improving day by day. (G) PUBLIC COMMENTS Janice Coakley, 19681 NW 33rd Avenue, Miami Gardens, Florida, appeared before the City Council meeting and stated that she has a public records request that she wanted to put on record. She stated at the April 14th City Council meeting the 2008/2009 Annual Audit Report was given. In that report 6.6 Million Dollars was allocated for COMPADS. She said a few days after that meeting she had contacted and spoken with the City Manager and asked for the supporting documentation for this item. She shared that the City Manager had informed her that the individual who would be able to provide this information was out of the office for a few days. She stated as of this date, she has not received that information. She further submitted public records request for the cost of the Community-Newspaper and the cost of the 2010 Jazz in the Gardens event. Sandra Pierre Paul, 2230 NW 190t' Terrace, Miami Gardens, Florida, appeared to thank staff for addressing concerns she had raised at a previous Council meeting. She further Regular City Council Minutes May 26, 2010 Page 3 CITY COUNCIL MINUTES - MAY 26 2010 commented on Item J-1, and expressed concern with the time frame, the manufacturing of the uniforms and the quality of the product. She asked why is there a primary and secondary company. Kara Petty, Parks and Recreation Director appeared before the City Council in response to Ms. Pierre Paul's concerns. She said a secondary vendor was selected in case the primary vendor was not able to fulfill the contract. (I) ORDINANCES) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES TO PROHIBIT PAIN MANAGEMENT CLINICS FROM DISPENSING DRUGS ON-SITE; AMENDING SECTION 9-20 OF ORDINANCE NO. 2010-10-218 OF THE LAND DEVELOPMENT REGULATIONS ("LDRS") TO PROHIBIT ON- SITE DISPENSING OF CONTROLLED SUBSTANCES AT MEDICAL OFFICES; AMENDING SECTION 10-30(DD) OF THE LDRS TO PROHIBIT MOBILE PAIN MANAGEMENT CLINICS; AMENDING APPENDIX "A" MASTER USE LIST AND USE DEFINITIONS OF THE LDRS TO INCLUDE DEFINITIONS FOR "PAIN MANAGEMENT CLINICS"; 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 III) Councilman Gilbert shared he was contacted and asked what was his position on pain clinics. He shared that as an attorney in his law firm representing other municipalities there has been a lot of abuse of the process. He stated that he had contacted the City Attorney as well as staff and asked them about it. As it turns out there are also some issues in the City of Miami Gardens. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item on first reading. Councilwoman Pritchett made reference to agenda memorandum which indicates that the police department has observed the dispension of drugs and other criminal activities in and around the properties where the various pain clinics are located throughout the city. She asked where are the locations of these clinics. Deputy Chief Miller appeared before the City Council in response to Councilwoman Pritchett's question. He said one of the facilities in question is located at NW 160t' Street and 27tn Avenue. Regular City Council Minutes May 26, 2010 Page 4 CITY COUNCIL MINUTES - MAY 26 2010 Councilwoman Pritchett asked whether there were other locations involved as well. Deputy Chief Miller said this was the only location identified by the police department. Monica Barnes, Assistant City Manager appeared before the City Council to further expound on this particular facility, which in fact was closed down. The business re-opened with the City shutting it down again. That particular business has since relocated outside of the City. Since the City Manager's Administrative Moratorium has been in place, several applications for Pain Clinics have been received, which has been turned down. Councilwoman Pritchett asked where there any citations issued at this particular clinic and where there any arrests made. Deputy Chief Miller said in regard police action arrests were made for people consuming drugs on the property. Assistant City Attorney Barnes further expounded on this particular property and stated the facility was operating without a Certificate of Occupancy and Business Tax Receipt, therefore the facility was shut down by the City. Councilwoman Pritchett asked how many arrests were made and the specifics of those arrests. Deputy Chief Miller said he did not have that information but would provide it to Councilwoman Pritchett. Councilwoman Pritchett thanked Deputy Chief Miller and commented that when she ask for information she never get it. She placed emphasis on the importance of providing applicable documentation so that when she goes into the community she has the information readily available. Councilman Bratton asked how were these facilities identified. Deputy Chief Miller said a good portion of these facilities provide medical service as well as dispense medication. The red flag was the frequency in which the patients were visiting the facility, and more particularly the out of state auto tags that were showing up. Vice Mayor Campbell shared if you looked at the national and state trend, he is of the opinion that the City of Miami Gardens did not need to have these types of facilities operating with its corporate boundaries. Councilman Williams conveyed his belief that these facilities are regulated by the State of Florida. He asked what is the City's jurisdiction. Regular City Council Minutes May 26, 2010 Page 5 CITY COUNCIL MINUTES - MAY 26 2010 Assistant City Attorney Barnes in response to Councilman Williams' inquiry said in terms of the States' Legislation there is a tracking data base. However, that amendment will not go into effect until December 1, 2010. The City's ordinance provides that a prescription cannot be filled(medication dispensed) at the same location that it was written. Councilman Williams asked whether the City's ordinance would conflict with state law. Attorney Dickens in response to Councilman Williams' question said the City's law would not conflict with the state's law. She said the City is not attempting to regulate. The City is banding pain clinics from the City of Miami Gardens. Councilman Gilbert shared that pain clinics are being banded from other municipalities. There being no further discussion, the motion to adopt this item on first reading passed and carried by a 6-1 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARING(S) RESOLUTION NO. 2010-13-221 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF CERTIFICATES OF USE AND BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S); 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) (1st Reading—May 14,2010) Attorney Dickens explained this is the second reading of the ordinance initiating a moratorium on pain clinics. Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to adopt this item. Regular City Council Minutes May 26, 2010 Page 6 CITY COUNCIL MINUTES - MAY 2612010 Mayor Gibson opened the floor for this public hearing, After there were no interested parties to speak on behalf of this item,the public hearing closed. Councilwoman Pritchett asked the City Manager to expound on this matter, as it relates to the process of studying the matter. Manager Crew stated essentially the studies have all been completed, which is the result of the administrative moratorium. Attorney Dickens indicated that a study did not necessarily have to be a formal study, but a study of the police department and staff. There being no further discussion, the motion to adopt this item passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes (J-1) CONSENT AGENDA RESOLUTION NO. 2010-98-1280 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SPIRIT WEAR, INC., IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-EIGHT THOUSAND, SIX HUNDRED SIXTEEN DOLLARS AND 65/100 CENTS ($138,616.65), FOR CHEERLEADING UNIFORMS; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER NOT TO EXCEED THIS AMOUNT; AUTHORIZING AN AWARD TO VARSITY SPIRIT FASHIONS/CDT OF MEMPHIS, TN, IN THE EVENT SPIRIT WEAR, INC. IS DEEMED NON-COMPLIANT DURING THE CONTRACT PERIOD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-99-1281 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, VACATING A RIGHT-OF-WAY AS SHOWN ON THE TENTATIVE PLAT APPROVAL FOR THE MIAMI GARDENS COMMUNITY CENTER, ATTACHED Regular City Council Minutes May 26, 2010 Page 7 CITY COUNCIL MINUTES - MAY 26 2010 HERETO AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-100-182 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY OF MIAMI GARDENS TO SPONSOR "THE MIAMI GARDENS KIWANIS CLUB GOLF TOURNAMENT" TO BE HELD ON SEPTEMBER 17, 2010, IN THE AMOUNT OF SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($7,500.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2010-101-183 J-4) 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 ONE HUNDRED SEVENTY-ONE THOUSAND, THREE HUNDRED NINETY DOLLARS AND 20/100 CENTS ($171,390.20) TO SUNGARD PUBLIC SECTOR, INC., FOR OSSI SOFTWARE FOR THE MIAMI GARDENS POLICE DEPARTMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-102-1284 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR SHIRLEY GIBSON'S APPOINTMENT OF MELISSA LORRAINE KING, TO THE CITY OF MIAMI GARDENS PROGRESSIVE YOUNG ADULTS FOR A TERM OF TWO (2) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt the Consent Agenda. This motion passed and carried by a 6-1 voice vote, with Councilwoman Pritchett casting the dissenting vote. (K-1) RESOLUTIONS RESOLUTION NO. 2010-103-1285 Regular City Council Minutes May 26, 2010 Page 8 CITY COUNCIL MINUTES - MAY 26 2010 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN RETAINER AGREEMENT WITH THE LAW FIRM OF GREENBERG TRAURIG, P.A., ATTACHED HERETO AS EXHIBIT "A," WITH RESPECT TO BOND COUNSEL REPRESENTATION FOR A FIFTY-THREE MILLION DOLLARS ($53,000,000.00) PUBLIC BUILDING BOND; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY/CITY MANAGER) Manager Crew said to keep the project moving forward and from prior discussion where the financing part was taken out of the RFQ. In order to move forward there are two attorneys the City needs to have. One is the Bond Counsel,which prepares the Bond Documents. Bob Graham, Greenberg Traurig, P.A. appeared before the City Council and stated he is the head of the public finance practice of that firm. He shared that he has been practicing public finance for over 30 years. Belinda Hines, Bryant, Miller, Olive appeared before the City Council and stated she is the managing partner of the Miami office. She shared that she has been in practice for over 15 years, representing governments all over the state of Florida. Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to adopt this item. Councilman Williams conveyed respect to the respective law firms represented here tonight. He shared that he has gone on the record expressing concern with this process and how a particular developer is being favored for this project. This developer has a criminal background. He stated that he planned to vote no on this item because the process used is flawed. Councilwoman Pritchett asked if this item is adopted, would there be a propertytax increase for the residents. Manager Crew said the purchase of a City Hall Complex would come from the bond. The repayment of the bond would not start until 2012. There is no fiscal impact between now and 2012. He said he tried to time this bond issue so that when the first payment becomes due, another bond issue obligation would have ended. Councilwoman Pritchett made reference to the 2009 Standard and Poole bond rating for the City, which indicated the City's net debt was approximately 100.8 Million Dollars, which is the reason the city only got an"A"rating rather than a triple "A"rating. Regular City Council Minutes May 26, 2010 Page 9 CITY COUNCIL MINUTES - MAY 26 2010 Manager Crew said the City received the "A" rating because it is a new municipality and because of the South Florida economy. Councilwoman Pritchett asked what does an "A" rating as opposed to a triple "A" rating does for the City in terms of being able to borrow the money and at what interest rate. Manager Crew said the difference in ratings generally relates a very small percentage increase in the interest rate. He said there are very few triple "A" ratings within the United States. Councilwoman Pritchett asked how many reserve accounts does the City have. How much is in those reserve accounts and would any of those reserve accounts assist with what the City is trying to do. Manager Crew said the General Fund has 9.2 Million Dollars in the reserve. That reserve has no relation to this issue. Councilwoman Pritchett asked when will the RFQ be issued. Manager Crew said the RFQ has nothing to do with the financing of the project. Whether the City utilizes a developer or decides to build the facility on its own, the financing aspect would still be needed. Councilwoman Williams conveyed utmost respect for Greenberg Traurig as well as Bryant Miller Olive. She further emphasized the importance of transparency especially as it relates to the residents. She said she did not believe it was wise to support this item as well as the two following items because in her opinion the Council did not have enough information. Councilman Williams made clear for the record and for the residents that when bonds are issued they have to be repaid. Councilman Gilbert asked whether the City was using the Build America Bonds for this project. Manager Crew in response to Councilman Gilbert's question replied, "Yes." Councilman Gilbert asked, by using the Build America Bonds how much money would be saved. Manager Crew said over the course of the bond, the City's financial analysis has determined that if the Build American Bonds were not used, it would cost the taxpayers 17 Million dollars more to build a City Hall. Councilman Gilbert shared he had discussion with individuals from the construction industry who indicated that construction costs are actually lower now due to the economic Regular City Council Minutes May 26, 2010 Page 10 CITY COUNCIL MINUTES - MAY 26 2010 climate. Manager Crew confirmed that from discussions with the City's architect team projects are coming in approximately 20% less than what was originally estimated. Councilman Gilbert commented the City gets to save money on the construction cost as well as save money because of the Build American Bonds. He placed emphasis on the importance of moving forward, revitalizing the center of this City so that businesses can develop and people can recreate and shop, and stores can relocate to the center of this city. He stated if we do not do it now, it is going to cost a lot more to do it later. Councilwoman Pritchett reiterated that bonds are loans and loans must be paid back. It is wonderful to say that we want a city hall, and we all do. To talk about it is something we must do right now is all good, but the reality is the City of Miami Gardens has one of the highest foreclosure rates in Miami-Dade County. She asked what will happen when the City has to raise taxes to pay for those bonds. She said it is understood that a City Hall complex has to be built. She said it is prudent and wise to think about a thirty (30)year agreement that will begin in 2012. From all indications from the reports being given the economic downturn may go until 2012. Bonds are loans that have to be paid back. The taxpayers of Miami Gardens will have the ultimate responsibility of paying back any loans. Mayor Gibson said reference to the homes under foreclosure, does the City still receive property tax on those homes that are under foreclosure. Manager Crew in response to Mayor Gibson's question replied, "Yes." Mayor Gibson placed emphasis on the fact that there is not a piece of property within this City that the City does not collect property tax on, except for Churches. Furthermore, Sun Life Stadium is the largest taxpayer the City has. She said this City has grown since 2003 and must have an economic heart so that it can continue to grow. Councilman Williams said when talking about the foreclosure rate, there is a human side to that. When a family loses their home they are forced to move out of the City,their children no longer goes to school here. The City has one less family residing within its corporate boundaries. He said he was concern when talking about building office space at the expense of the homeowner. He shared he has families calling him on a daily basis advising that they have lost their home due to foreclosure. He said he did not want to be in a position where the cost of a project would hurt the homeowners' position even more. Councilman Bratton asked at this point, what is the cost of the rental property the City currently uses. Manager Crew said the annual cost for the use of the rental facility is approximately $700,000, however there is an escalation every year. Regular City Council Minutes May 26, 2010 Page 11 CITY COUNCIL MINUTES - MAY 26 2010 There being no further discussion, the motion to adopt this item passed and carried by a 5-2 vote. Councilwoman Pritchett: No Councilwoman Watson: Yes Councilman Williams: No Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Mayor Gibson: Yes RESOLUTION NO. 2010-104-1286 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN RETAINER AGREEMENT WITH THE LAW FIRM OF BRYANT MILLER OLIVE, P.A., ATTACHED HERETO AS EXHIBIT "A," TO SERVE AS DISCLOSURE COUNSEL WITH RESPECT TO THE ISSUANCE OF A FIFTY-THREE MILLION DOLLARS ($53,000,000.00) PUBLIC BUILDING BOND; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY/CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilman Bratton to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 5-2 vote. Councilwoman Watson: Yes Councilman Williams: No Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilman Williams: Yes Mayor Gibson: Yes RESOLUTION NO. 2010-105-1287 K-3) 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 RETAINER Regular City Council Minutes May 26, 2010 Page 12 CITY COUNCIL MINUTES - MAY 26 2010 AGREEMENT WITH THE UNDERWRITING FIRM OF LOOP CAPITAL MARKET, LLC, ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY CITY ATTORNEY/CITY MANAGER) Manager Crew explained this is the underwriter portion of this endeavor, which actually buys and sells the bonds. This is a well renowned, well known and largest minority owned underwriting firm in the nation. The fee for this firm is paid out of the actual bond issue, but is not set until the bond is sold. The fee is usually about one percent of the issue, depending on the marketing conditions. Motion offered by Vice Mayor Campbell, seconded by Councilwoman Watson and Councilman Gilbert to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 5-2 vote. Councilman Williams: No Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Councilwoman Watson: Yes Mayor Gibson: Yes Vice Mayor Campbell said he is reminded of 2003 when the City of Miami Gardens was first incorporated. At that time there were many citizens and some members of the Council at that time that seemed to have no vision; did not want to make any progress. Had no faith; no trust and just wanted to stay at status quo. In spite of those individuals the City has made tremendous progress for the past seven years. He said some people would continue paying $700,000 a year when the City could own,which makes no sense at all. (MI) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager's Monthly Report (l) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert thanked the Parks and Recreation Department for its assistance with the American Stroke Society Power in the Park event, held this past Saturday. Councilman Williams related an incident where a small child had died in the City of Miami Gardens. He said he happened to see this news on the television. After speaking with the Deputy City Manager he learned the child had actually died in another city and was transported to the City of Miami Gardens. He shared the City of Miami Beach's Police Department provides Regular City Council Minutes May 26, 2010 Page 13 CITY COUNCIL MINUTES - MAY 2612010 frequent police incident reports to its elected officials. He shared the Deputy City Manager advises the elected officials whenever there is a homicide in the City. However, when he is approached by residents with regard to other incidents, he has no information. He suggested having some kind of special incident report for the elected officials. Manager Crew said as it related to the incident Councilman Williams was referring to, staff called all the elected officials as soon as it was noticed. Staff had no other information to provide. Vice Mayor Campbell shared that he has given specific instructions to the City Manager and Deputy City Manager to not call him. At the conclusion of this discussion, a motion was offered by Councilman Williams, seconded by Councilwoman Watson to direct the City Manager to contact the City of Miami Beach's Police Department to find out what it has in place for reporting special incidents to the Elected officials. Staff is to bring their findings back to the City Council. This motion passed and carried by a 7-0 voice vote. Councilwoman Pritchett asked about the procedure for handling public records requests. Clerk Taylor said the normal time frame is a five day turn-a-round. It what is being is too labor intensive, with a cost associated with it. The city will request a deposit up front. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made, and seconded the meeting adjourned at 9:20 p.m. Shirl son ayor r� Attest: Ronetta Taylor, WC, City Clerk Regular City Council Minutes May 26, 2010 Page 14 CITY COUNCIL MINUTES - MAY 26 2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MAY 269 2010 (A) CALL TO ORDER/ROLL CALL The City Council of the City of Miami Gardens, Florida, met in regular session on Wednesday, May 26, 2010, beginning at 7:03 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 Aaron Campbell Jr., and Council members Barbara Watson, Andre Williams, Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert III. (B) INVOCATION Delivered by Vice Mayor Campbell. (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes—April 28, 2010 Motion offered by Councilman Williams, seconded by Councilman Gilbert to approve the minutes. 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 Watson, seconded by Councilman Gilbert to amend the official agenda to add a presentation as Item F-7) Miami Carol City, Assistant Principal Ms. McKinney talk about Spotlight Stop the Violence Event. This motion passed and carried by a 7- 0 voice vote. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to approve the official agenda. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mayor Shirley Gibson—Calder Race Course Mayor Gibson presented Tom O `Donald, former President of Calder Race Course for his exemplary community support and positive partnership with the City of Miami Gardens. She acknowledged Mr. O `Donald assistance and monetary contributions from Calder Race Course in securing the fountains along NW 27th Avenue near Calder Race Course. Mr. O `Donald was afforded an opportunity for comments. F-2) Councilwoman Sharon Pritchett—Silver Knight Winner Regular City Council Minutes May 26, 2010 Page 1 CITY COUNCIL MINUTES - MAY 26 2010 Councilwoman Sharon Pritchett along with members of the City Council presented awards to the following students for their excellence in academic achievement: Khadija Brydson, Silver Knight Winner— Miami Carol City Senior High School; Ebony Kerra Robinson — Silver Knight Honorable Mention—Miami Carol City Senior High School; Eboni D'Nae Finley, Silver Knight Honorable Mention — Miami Carol City Senior High School; Shantivia Denise Conley Silver Knight Honorable Mention — Miami Carol City Senior High School; D'Bria Anais Bradshaw, Silver Knight Honorable Mention—Monsignor Edward Pace Senior High School. Councilwoman Pritchett also presents plaques to: Ms Alexandria Martin, Miami Carol City Senior High School Silver Knight Coordinator; and Ms. Nichole Dino, Miami Carol City Senior High School Silver Knight Co-Coordinator for their exemplary service, guidance and leadership, and being the wind beneath the wings of the winners. Ms. Martin appeared before the City Council to acknowledge the principal and assistant principal of Miami Carol City Senior High School for their support of the Silver Knight program. F-3) Parks and Recreation Department—Turf Rodeo Kara Petty, Parks and Recreation Department Supervisor appeared before the City Council to report that the City of Miami Gardens Parks Maintenance placed second in this competition. A trophy was presented to the winners. F-4) Progressive Young Adult Committee Report. Joi Bottino, Joi, Vice Chair and Ken Devon appeared before the City Council to report that the Committee established a vision and mission statement as well as its by-laws. Sub Committees were also established. The Committee participated in the 2010 MLK Celebration. The Committee members also volunteered at numerous events prompting the 2010 Census. Vice Chair Botinno said the challenges being experienced by the Committee involves lack of quorum and the fact that there are vacancies on the committee. She further stated the committee is requesting that the ordinance creating the committee be revisited to amend the language to state that instead of 15 members being required to attend local colleges that language be changed to stated that 10 members shall be attending local colleges. Councilwoman Watson shared that Ms. Bottino is a former member of the City of Miami Gardens Junior Council. F-5) Dr. Crew, City Manager Employee of the Men year Service Pins Manager Crew presented Five Year Service Pins to the following employees: Claudio Guzman, Parks and Recreation Department; Soykia Smith, Building Department; Stephen Osborne, Public Works; Willie Pierce, Public Works; Ensewell Lane, Public Works; Richard Miller, Public Works; Steve Smith, Code Enforcement; Clifford McCullough, Public Works; Didier Mendez, Public Works; Vernita Nelson, City Manager's Office; Mayra Morales, Parks and Recreation Department. F-6) Deputy Chief Paul Miller—Kiwanis Scholarship Presentation Regular City Council Minutes May 26, 2010 Page 2 CITY COUNCIL MINUTES - MAY 26 2010 Paul Miller, President of the Miami Gardens Kiwanis Club appeared before the City Council to introduce the winners of the Kiwanis Scholarship Winners. Each student received a $1,000 scholarship. The Kiwanis Club Scholarship Committee members, which consisted of: Renee Farmer, Sonja Dickens and Steve List were commend for their efforts. The winners were: Khadijah Brydson — Miami Carol City High School; Desiree Newkirk — daughter of City of Miami Gardens Employee; Jamal Hyppolite—Monsignor Pace High School and Nigal Mosley— Norland High School. Mayor Gibson thanked the Miami Gardens Kiwanis for the outstanding work it does in the community,not only with the youth but with elderly as well. F-7) Stop the Violence—Assistant Principal Miami Carol City Senior High School Nelson Izquierdo, Principal and Bridget McKinney, Assistant Principal of Miami Carol City High School appeared before the City Council to convey their appreciation to the City of Miami Gardens for its support and partnership during the Spotlight Against Youth Violence Event.(Miami Carol City Feeder Pattern and Junior Council Spotlight Event) Ms. McKinney said this was made possible because of the partnership. She further acknowledged members of the Junior Council for their participation. She presented Certificates of Special Recognition to Mayor Gibson and Councilwoman Watson. Mayor Gibson invited Principal Izquierdo to provide information on the new Carol City Senior High School building. Mr. Izquierdo said the students will be moving into the new 80 Million Dollar school complex at the beginning of next school year. This state of the art facility will highlight the Construction Academy. The students of that Academy were involved in the building of that particular building. The academic achievement of the school is improving day by day. (G) PUBLIC COMMENTS Janice Coakley, 19681 NW 33rd Avenue, Miami Gardens, Florida, appeared before the City Council meeting and stated that she has a public records request that she wanted to put on record. She stated at the April 14a' City Council meeting the 2008/2009 Annual Audit Report was given. In that report 6.6 Million Dollars was allocated for COMPADS. She said a few days after that meeting she had contacted and spoken with the City Manager and asked for the supporting documentation for this item. She shared that the City Manager had informed her that the individual who would be able to provide this information was out of the office for a few days. She stated as of this date, she has not received that information. She further submitted public records request for the cost of the Community Newspaper and the cost of the 2010 Jazz in the Gardens event. Sandra Pierre Paul, 2230 NW 190'h Terrace, Miami Gardens, Florida, appeared to thank staff for addressing concerns she had raised at a previous Council meeting. She further commented on Item J-1, and expressed concern with the time frame, the manufacturing of the Regular City Council Minutes May 26, 2010 Page 3 CITY COUNCIL MINUTES - MAY 26 2010 uniforms and the quality of the product. She asked why is there a primary and secondary company. Kara Petty, Parks and Recreation Director appeared before the City Council in response to Ms. Pierre Paul's concerns. She said a secondary vendor was selected in case the primary vendor was not able to fulfill the contract. (I) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES TO PROHIBIT PAIN MANAGEMENT CLINICS FROM DISPENSING DRUGS ON-SITE; AMENDING SECTION 9-20 OF ORDINANCE NO. 2010-10-218 OF THE LAND DEVELOPMENT REGULATIONS ("LDRS") TO PROHIBIT ON- SITE DISPENSING OF CONTROLLED SUBSTANCES AT MEDICAL OFFICES; AMENDING SECTION 10-30(DD) OF THE LDRS TO PROHIBIT MOBILE PAIN MANAGEMENT CLINICS; AMENDING APPENDIX "A" MASTER USE LIST AND USE DEFINITIONS OF THE LDRS TO INCLUDE DEFINITIONS FOR "PAIN MANAGEMENT CLINICS"; 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 III) Councilman Gilbert shared he was contacted and asked what was his position on pain clinics. He shared that as an attorney in his law firm representing other municipalities there has been a lot of abuse of the process. He stated that he had contacted the City Attorney as well as staff and asked them about it. As it turns out there are also some issues in the City of Miami Gardens. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item on first reading. Councilwoman Pritchett made reference to agenda memorandum which indicates that the police department has observed the dispension of drugs and other criminal activities in and around the properties where the various pain clinics are located throughout the city. She asked where are the locations of these clinics. Deputy Chief Miller appeared before the City Council in response to Councilwoman Pritchett's question. He said one of the facilities in question is located at NW 160th Street and 27tn Avenue. Regular City Council Minutes May 26, 2010 Page 4 CITY COUNCIL MINUTES - MAY 26 2010 Councilwoman Pritchett asked whether there were other locations involved as well. Deputy Chief Miller said this was the only location identified by the police department. Monica Barnes, Assistant City Manager appeared before the City Council to further expound on this particular facility, which in fact was closed down. The business re-opened with the City shutting it down again. That particular business has since relocated outside of the City. Since the City Manager's Administrative Moratorium has been in place, several applications for Pain Clinics have been received,which has been turned down. Councilwoman Pritchett asked where there any citations issued at this particular clinic and where there any arrests made. Deputy Chief Miller said in regard police action arrests were made for people consuming drugs on the property. Assistant City Attorney Barnes further expounded on this particular property and stated the facility was operating without a Certificate of Occupancy and Business Tax Receipt, therefore the facility was shut down by the City. Councilwoman Pritchett asked how many arrests were made and the specifics of those arrests. Deputy Chief Miller said he did not have that information but would provide it to Councilwoman Pritchett. Councilwoman Pritchett thanked Deputy Chief Miller and commented that when she ask for information she never get it. She placed emphasis on the importance of providing applicable documentation so that when she goes into the community she has the information readily available. Councilman Bratton asked how were these facilities identified. Deputy Chief Miller said a good portion of these facilities provide medical service as well as dispense medication. The red flag was the frequency in which the patients were visiting the facility, and more particularly the out of state auto tags that were showing up. Vice Mayor Campbell shared if you looked at the national and state trend, he is of the opinion that the City of Miami Gardens did not need to have these types of facilities operating with its corporate boundaries. Councilman Williams conveyed his belief that these facilities are regulated by the State of Florida. He asked what is the City's jurisdiction. Assistant City Attorney Barnes in response to Councilman Williams' inquiry said in Regular City Council Minutes May 26, 2010 Page 5 CITY COUNCIL MINUTES - MAY 26 2010 terms of the States' Legislation there is a tracking data base. However, that amendment will not go into effect until December 1, 2010. The City's ordinance provides that a prescription cannot be filled(medication dispensed)at the same location that it was written. Councilman Williams asked whether the City's ordinance would conflict with state law. Attorney Dickens in response to Councilman Williams' question said the City's law would not conflict with the state's law. She said the City is not attempting to regulate. The City is banding pain clinics from the City of Miami Gardens. Councilman Gilbert shared that pain clinics are being banded from other municipalities. There being no further discussion, the motion to adopt this item on first reading passed and carried by a 6-1 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) RESOLUTION NO. 2010-13-221 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF CERTIFICATES OF USE AND BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S); 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) (1st Reading—May 14,2010) Attorney Dickens explained this is the second reading of the ordinance initiating a moratorium on pain clinics. Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to adopt this item. Mayor Gibson opened the floor for this public hearing, After there were no interested Regular City Council Minutes May 26, 2010 Page 6 CITY COUNCIL MINUTES - MAY 26 2010 parties to speak on behalf of this item,the public hearing closed. Councilwoman Pritchett asked the City Manager to expound on this matter, as it relates to the process of studying the matter. Manager Crew stated essentially the studies have all been completed, which is the result of the administrative moratorium. Attorney Dickens indicated that a study did not necessarily have to be a formal study, but a study of the police department and staff. There being no further discussion, the motion to adopt this item passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes (J-1) CONSENT AGENDA RESOLUTION NO. 2010-98-1280 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SPIRIT WEAR, INC., IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-EIGHT THOUSAND, SIX HUNDRED SIXTEEN DOLLARS AND 65/100 CENTS ($138,616.65), FOR CHEERLEADING UNIFORMS; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER NOT TO EXCEED THIS AMOUNT; AUTHORIZING AN AWARD TO VARSITY SPIRIT FASHIONS/CDT OF MEMPHIS, TN, IN THE EVENT SPIRIT WEAR, INC. IS DEEMED NON-COMPLIANT DURING THE CONTRACT PERIOD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-99-1281 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, VACATING A RIGHT-OF-WAY AS SHOWN ON THE TENTATIVE PLAT APPROVAL FOR THE MIAMI GARDENS COMMUNITY CENTER, ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS Regular City Council Minutes May 26, 2010 Page 7 CITY COUNCIL MINUTES - MAY 26 2010 TO THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-100-182 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY OF MIAMI GARDENS TO SPONSOR "THE MIAMI GARDENS KIWANIS CLUB GOLF TOURNAMENT" TO BE HELD ON SEPTEMBER 17, 2010, IN THE AMOUNT OF SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($7,500.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2010-101-183 J-4) 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 ONE HUNDRED SEVENTY-ONE THOUSAND, THREE HUNDRED NINETY DOLLARS AND 20/100 CENTS ($171,390.20) TO SUNGARD PUBLIC SECTOR, INC., FOR OSSI SOFTWARE FOR THE MIAMI GARDENS POLICE DEPARTMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-102-1284 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR SHIRLEY GIBSON'S APPOINTMENT OF MELISSA LORRAINE KING, TO THE CITY OF MIAMI GARDENS PROGRESSIVE YOUNG ADULTS FOR A TERM OF TWO (2) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt the Consent Agenda. This motion passed and carried by a 6-1 voice vote, with Councilwoman Pritchett casting the dissenting vote. (K-1) RESOLUTIONS RESOLUTION NO. 2010-103-1285 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Regular City Council Minutes May 26, 2010 Page 8 CITY COUNCIL MINUTES - MAY 26 1 7.010 MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN RETAINER AGREEMENT WITH THE LAW FIRM OF GREENBERG TRAURIG, P.A., ATTACHED HERETO AS EXHIBIT "A," WITH RESPECT TO BOND COUNSEL REPRESENTATION FOR A FIFTY-THREE MILLION DOLLARS ($53,000,000.00) PUBLIC BUILDING BOND; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY/CITY MANAGER) Manager Crew said to keep the project moving forward and from prior discussion where the financing part was taken out of the RFQ. In order to move forward there are two attorneys the City needs to have. One is the Bond Counsel, which prepares the Bond Documents. Bob Graham, Greenberg Traurig, P.A. appeared before the City Council and stated he is the head of the public fmance practice of that firm. He shared that he has been practicing public finance for over 30 years. Belinda Hines, Bryant, Miller, Olive appeared before the City Council and stated she is the managing partner of the Miami office. She shared that she has been in practice for over 15 years, representing governments all over the state of Florida. Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to adopt this item. Councilman Williams conveyed respect to the respective law firms represented here tonight. He shared that he has gone on the record expressing concern with this process and how a particular developer is being favored for this project. This developer has a criminal background. He stated that he planned to vote no on this item because the process used is flawed. Councilwoman Pritchett asked if this item is adopted, would there be a property tax increase for the residents. Manager Crew said the purchase of a City Hall Complex would come from the bond. The repayment of the bond would not start until 2012. There is no fiscal impact between now and 2012. He said he tried to time this bond issue so that when the first payment becomes due, another bond issue obligation would have ended. Councilwoman Pritchett made reference to the 2009 Standard and Poole bond rating for the City, which indicated the City's net debt was approximately 100.8 Million Dollars, which is the reason the city only got an"A"rating rather than a triple"A"rating. Manager Crew said the City received the "A" rating because it is a new municipality and Regular City Council Minutes May 26, 2010 Page 9 CITY COUNCIL MINUTES - MAY 26 ` 2010 because of the South Florida economy. Councilwoman Pritchett asked what does an "A" rating as opposed to a triple "A" rating does for the City in terms of being able to borrow the money and at what interest rate. Manager Crew said the difference in ratings generally relates a very small percentage increase in the interest rate. He said there are very few triple "A" ratings within the United States. Councilwoman Pritchett asked how many reserve accounts does the City have. How much is in those reserve accounts and would any of those reserve accounts assist with what the City is trying to do. Manager Crew said the General Fund has 9.2 Million Dollars in the reserve. That reserve has no relation to this issue. Councilwoman Pritchett asked when will the RFQ be issued. Manager Crew said the RFQ has nothing to do with the financing of the project. Whether the City utilizes a developer or decides to build the facility on its own, the financing aspect would still be needed. Councilwoman Williams conveyed utmost respect for Greenberg Traurig as well as Bryant Miller Olive. She further emphasized the importance of transparency especially as it relates to the residents. She said she did not believe it was wise to support this item as well as the two following items because in her opinion the Council did not have enough information. Councilman Williams made clear for the record and for the residents that when bonds are issued they have to be repaid. Councilman Gilbert asked whether the City was using the Build America Bonds for this project. Manager Crew in response to Councilman Gilbert's question replied, "Yes." Councilman Gilbert asked, by using the Build America Bonds how much money would be saved. Manager Crew said over the course of the bond, the City's financial analysis has determined that if the Build American Bonds were not used, it would cost the taxpayers 17 Million dollars more to build a City Hall. Councilman Gilbert shared he had discussion with individuals from the construction industry who indicated that construction costs are actually lower now due to the economic climate. Regular City Council Minutes May 26, 2010 Page 10 CITY COUNCIL MINUTES - MAY 26 2010 Manager Crew confirmed that from discussions with the City's architect team projects are coming in approximately 20% less than what was originally estimated. Councilman Gilbert commented the City gets to save money on the construction cost as well as save money because of the Build American Bonds. He placed emphasis on the importance of moving forward, revitalizing the center of this City so that businesses can develop and people can recreate and shop, and stores can relocate to the center of this city. He stated if we do not do it now, it is going to cost a lot more to do it later. Councilwoman Pritchett reiterated that bonds are loans and loans must be paid back. It is wonderful to say that we want a city hall, and we all do. To talk about it is something we must do right now is all good, but the reality is the City of Miami Gardens has one of the highest foreclosure rates in Miami-Dade County. She asked what will happen when the City has to raise taxes to pay for those bonds. She said it is understood that a City Hall complex has to be built. She said it is prudent and wise to think about a thirty (30) year agreement that will begin in 2012. From all indications from the reports being given the economic downturn may go until 2012. Bonds are loans that have to be paid back. The taxpayers of Miami Gardens will have the ultimate responsibility of paying back any loans. Mayor Gibson said reference to the homes under foreclosure, does the City still receive property tax on those homes that are under foreclosure. Manager Crew in response to Mayor Gibson's question replied, "Yes." Mayor Gibson placed emphasis on the fact that there is not a piece of property within this City that the City does not collect property tax on, except for Churches. Furthermore, Sun Life Stadium is the largest taxpayer the City has. She said this City has grown since 2003 and must have an economic heart so that it can continue to grow. Councilman Williams said when talking about the foreclosure rate, there is a human side to that. When a family loses their home they are forced to move out of the City, their children no longer goes to school here. The City has one less family residing within its corporate boundaries. He said he was concern when talking about building office space at the expense of the homeowner. He shared he has families calling him on a daily basis advising that they have lost their home due to foreclosure. He said he did not want to be in a position where the cost of a project would hurt the homeowners' position even more. Councilman Bratton asked at this point, what is the cost of the rental property the City currently uses. Manager Crew said the annual cost for the use of the rental facility is approximately $700,000, however there is an escalation every year. There being no further discussion, the motion to adopt this item passed and carried by a Regular City Council Minutes May 26, 2010 Page 11 CITY COUNCIL MINUTES - MAY 26 2010 5-2 vote. Councilwoman Pritchett: No Councilwoman Watson: Yes Councilman Williams: No Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Mayor Gibson: Yes RESOLUTION NO. 2010-104-1286 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN RETAINER AGREEMENT WITH THE LAW FIRM OF BRYANT MILLER OLIVE, P.A., ATTACHED HERETO AS EXHIBIT "A," TO SERVE AS DISCLOSURE COUNSEL WITH RESPECT TO THE ISSUANCE OF A FIFTY-THREE MILLION DOLLARS ($53,000,000.00) PUBLIC BUILDING BOND; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY/CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilman Bratton to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 5-2 vote. Councilwoman Watson: Yes Councilman Williams: No Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Mayor Gibson: Yes RESOLUTION NO. 2010-105-1287 K-3) 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 RETAINER AGREEMENT WITH THE UNDERWRITING FIRM OF LOOP Regular City Council Minutes May 26, 2010 Page 12 CITY COUNCIL MINUTES - MAY 26 2010 CAPITAL MARKET, LLC, ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY CITY ATTORNEY/CITY MANAGER) Manager Crew explained this is the underwriter portion of this endeavor, which actually buys and sells the bonds. This is a well renowned, well known and largest minority owned underwriting firm in the nation. The fee for this firm is paid out of the actual bond issue, but is not set until the bond is sold. The fee is usually about one percent of the issue, depending on the marketing conditions. Motion offered by Vice Mayor Campbell, seconded by Councilwoman Watson and Councilman Gilbert to adopt this item. There being no discussion on this item, the motion to adopt passed and carried by a 5-2 vote. Councilman Williams: No Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: No Councilwoman Watson: Yes Mayor Gibson: Yes Vice Mayor Campbell said he is reminded of 2003 when the City of Miami Gardens was first incorporated. At that time there were many citizens and some members of the Council at that time that seemed to have no vision; did not want to make any progress. Had no faith; no trust and just wanted to stay at status quo. In spite of those individuals the City has made tremendous progress for the past seven years. He said some people would continue paying $700,000 a year when the City could own, which makes no sense at all. (NI) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager's Monthly Report (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert thanked the Parks and Recreation Department for its assistance with the American Stroke Society Power in the Park event,held this past Saturday. Councilman Williams related an incident where a small child had died in the City of Miami Gardens. He said he happened to see this news on the television. After speaking with the Deputy City Manager he learned the child had actually died in another city and was transported to the City of Miami Gardens. He shared the City of Miami Beach's Police Department provides frequent police incident reports to its elected officials. He shared the Deputy City Manager Regular City Council Minutes May 26, 2010 Page 13 ' CITY COUNCIL MINUTES - MAY 26 2010 advises the elected officials whenever there is a homicide in the City. However, when he is approached by residents with regard to other incidents, he has no information. He suggested having some kind of special incident report for the elected officials. Manager Crew said as it related to the incident Councilman Williams was referring to, staff called all the elected officials as soon as it was noticed. Staff had no other information to provide. Vice Mayor Campbell shared that he has given specific instructions to the City Manager and Deputy City Manager to not call him. At the conclusion of this discussion, a motion was offered by Councilman Williams, seconded by Councilwoman Watson to direct the City Manager to contact the City of Miami Beach's Police Department to find out what it has in place for reporting special incidents to the Elected officials. Staff is to bring their findings back to the City Council. This motion passed and carried by a 7-0 voice vote. Councilwoman Pritchett asked about the procedure for handling public records requests. Clerk Taylor said the normal time frame is a five day turn-a-round. It what is being is too labor intensive,with a cost associated with it. The city will request a deposit up front. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made, and seconded the meeting adjourned at 9:20 p.m. Shine son, Mayor Attest: onetta Taylor, C, City Clerk Regular City Council Minutes May 26, 2010 Page 14