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07- July 30, 2013 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING July 30,2013 4:00 P.M. Opa-locka Municipal Complex 780 Fisherman Street,2"d Floor Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 4:00 p.m. on Tuesday, July 30, 2013 on the 2na Floor of the Opa-locka Municipal Complex, 780 Fisherman Street, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Luis B. Santiago, Commissioner Timothy Holmes, Vice Mayor Joseph L. Kelley, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Joseph S. Geller, and City Clerk Joanna Flores. Commissioner Dorothy Johnson was not in attendance. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. Attorney Geller said the time of the meeting was changed and on his way to the meeting he received a telephone call from a representative of a company that is interested in one of the items and who was not notified of the time change and he informed the company that he will advise the City Commission to see if the order of the agenda can be changed to allow them time to get to the meeting. Mayor Taylor asked the City Attorney what item he was referencing. Attorney Geller said item 4b. Mayor Taylor asked what is the will of the City Commission. Commissioner Santiago asked, did the company know what time the meeting was going to be held. Special Commission Meeting Minutes—07/30/2013 1 Attorney Geller said the gentlemen saw the original noticed which made reference to the meeting being held at 5:00 p.m. Commissioner Santiago said he was never informed of the meeting being held at 5:00 p.m.,he was notified that the meeting was going to be held at 4:00 p.m. Mayor Taylor asked, was there an original notice posted. Clerk Flores said there was only one notice to the public of the Special Commission Meeting and that notice reflected the time as 4:00 p.m. Mayor Taylor asked, was there any notices for a 5:00 p.m. Special Commission Meeting. Clerk Flores said there was discussion for a 5:00 p.m. meeting, but that was never confirmed. Commissioner Santiago said he is not in favor of change the order of the agenda. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to change the order of the agenda. There being no further discussion, the motion passed by a 3-1 vote. Commissioner Santiago No Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Not Present Mayor Taylor Yes 5. RESOLUTIONS: a). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SETTING THE PROPOSED MILLAGE RATE OF 9.3000 OF AD VALOREM TAXES FOR THE CITY OF OPA-LOCKA, FLORIDA, AS REQUIRED BY LAW, FOR THE BUDGET FOR FISCAL YEAR 2013-14; ESTABLISHING THE DATE, TIME AND PLACE FOR THE FIRST AND FINAL PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FY 2013-14; AND DIRECTING THE CITY MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO THE MIAMI DADE COUNTY PROPERTY APPRAISER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Faye Douglas, Budget Administrator appeared before the City Commission and read section 2 of the resolution into the record: The proposed tax levy and millage rate for the City of Opa-locka, Florida for Fiscal Year 2013-14, commencing October 1, 2013, through September 30, 2014, is hereby proposed to be 9.3000 mills, which is $9.3000 per $1,000.00 of assessed property value within the City of Opa-locka. This represents a Special Commission Meeting Minutes—07/30/2013 2 3.00% increase over the rolled-back rate of 9.0295 mills, which is $9.0295 per $1,000 of assessed property value within the City of Opa-locka. Attorney Geller said the lst Budget Hearing is scheduled for September 11, 2013 at 5:01 p.m. and the 2nd Budget Hearing is scheduled for September 25, 2013 @ 5:01 p.m. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Vice Mayor Kelley asked for clarity on why the millage rate has increased from what was proposed at the budget workshop. He asked has the city received the projected cost from Miami-Dade County regarding the sewer rates and is the water rate study complete. Manager Baker said this is the establishment of the ceiling millage rate and it is not the rate that will be adopted and approved. The ceiling has to be established because once it is established you don't have the capability to go above it. He further mentioned that the consultant is concluding the water and waste water study and the city should receive it by the end of the week. Vice Mayor Kelley said he appreciates the response from the City Manager, however when you set a cap high it tends to stay high and he does not see the justification for raising it for the purpose of something coming. Also, the City Manager did not provide examples of what may come up. He further said he has a problem with raising taxes without any justification as to why they are being raised. Mayor Taylor asked the City Manager, what are his intentions for the budget. Manager Baker said his intent is to bring the budget in lower than the current millage rate. There being no further discussion, the motion passed by a 3-1 vote. Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Johnson Not Present Commissioner Santiago Yes Mayor Taylor Yes c). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH EAC CONSULTING, INC., FOR THE PREPARATION OF ROADWAY MASTER PLAN, IN AN AMOUNT NOT TO EXCEED $95,000, PAYABLE FROM ACCOUNT NUMBER 47-541340; PROVIDING FOR Special Commission Meeting Minutes—07/30/2013 3 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Manager Baker said for several months he has provided briefings for the assembling of the Master Plan. The item before the City Commission is the basis of the Master Plan. He further said the state has agreed to fund the design cost and to provide financing for the projects. Vice Mayor Kelley said the original amount was not to exceed $80,000, now it has increased to $95,000. He asked, what is the explanation for the amount increase. Manager Baker said the amount increased because of additional items in the scope of work. Muhammad Nasir appeared before the City Commission and said the additional scope of work includes classification of all roads. There being no further discussion, the motion passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Santiago Yes Commissioner Johnson Not Present Commissioner Holmes Yes Mayor Taylor Yes d). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH EAC CONSULTING, INC., FOR THE PREPARATION OF WASTEWATER MASTER PLAN, IN AN AMOUNT NOT TO EXCEED $512,806.25, PAYABLE FROM ACCOUNT NUMBER 35-535340; PROVIDING FOR INCORPORATION OF RECITALS; PROVDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Commissioner Johnson Not Present Special Commission Meeting Minutes—07/30/2013 4 Vice Mayor Kelley Yes Mayor Taylor Yes e). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH EAC CONSULTING, INC., FOR THE PREPARATION OF DRINKING WATER SYSTEM MASTER PLAN, IN AN AMOUNT NOT TO EXCEED $193,003.00 PAYABLE FROM ACCOUNT NUMBER 64-533340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Not Present Commissioner Santiago Yes Mayor Taylor Yes f). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH EAC CONSULTING, INC., FOR THE PREPARATION OF STORMWATER MASTER PLAN IN AN AMOUNT NOT TO EXCEED $193,035.00 PAYABLE FROM ACCOUNT NUMBER 43-538340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Santiago Yes Commissioner Johnson Not Present Commissioner Holmes Yes Mayor Taylor Yes Attorney Geller said pursuant to the request of the City Commission, the gentleman who indicated he needed additional time has arrived. With the City Commission's permission he would like to return to item 4b of the agenda. Special Commission Meeting Minutes—07/30/2013 5 b). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ACCEPTING THE PROPOSAL OF ECOLOGICAL PAPER RECYCLING, FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES PURSUANT TO RFP NO. 13-2805200, FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND FOR FINAL APPROVAL BY THE CITY COMMISSION; PAYABLE FROM ACCOUNT NUMBER 34-534340, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Vice Mayor Kelley to pass the resolution. Commissioner Santiago asked is Ecological Paper Recycling the company recommended by the City Manager? Manager Baker replied, yes. He said he brings forth a strong recommendation based on the committee's recommendation and their evaluation process. Commissioner Holmes said he cannot support the resolution as is because would not like the company to do both of the services. This company does not have any references from other employers and he does not think they have the experience required. He said if the services were separate he would probably support giving them the residential portion, but not both. He continued by saying the business is located in a warehouse district. Vice Mayor Kelley said he does like the fact that the cost is cheaper. He asked was it the City Manager's opinion to allow the company to do both services? Manager Baker said the pricing was the most important piece. It could have easily been a different company with a lower amount on the commercial side and higher on the residential side; however, in this case the same company came in lower on both sides. Vice Mayor Kelley said he understands the pricing, but he's speaking of the company's ability to provide both services. Manager Baker said normally in most solid waste operations commercial and residential services are handled separately because they require different equipment and different skill sets. Special Commission Meeting Minutes—07/30/2013 David Chiverton, Assistant City Manager appeared before the City Commission and responded to the question regarding the evaluation process. He said the companies all displayed what their capabilities. The information provided by Ecological Paper Recycling was sufficient for staff to feel they had the ability to do the job. Vice Mayor Kelley asked, was the process followed properly? Manager Baker said yes to the best of their ability. Attorney Geller said he has heard from the attorneys of the companies and they have raised some issues; his department will review the issues. The City Commission action today is to authorize the City Manager to negotiate and it still needs to come back before the City Commission. Vice Mayor Kelley said his history has always been not to put all your eggs in one basket, but the City Manager seems to be comfortable with the process. Commissioner Holmes asked, how can the company receive a high rating when they did not have references? Mr. Chiverton said staff looked at the contents of what the RFP included and what each company submitted and from that they were able to come to a conclusion. Commissioner Santiago said he believes the City Attorney said the attorneys for all of the companies complained about something being irregular in the RFP. Attorney Geller said the attorneys called him to raise issues. Commissioner Santiago asked, was everything done legal by the rules and regulations? Mr. Chiverton replied, yes. Mayor Taylor made reference to the scoring sheet. She said Mr. Chiverton's scoring did not have a reference for some of the companies and it should have followed through with the other people on the evaluation panel. Mr. Chiverton said some companies did submit references and they received points, those that did not have references did not receive points. Mayor Taylor asked, did all the members of the selection committee understand what was to be looked for in a reference? Mr. Chiverton replied, yes. Vice Mayor Kelley asked, when is the expiration date of the current waste agreement. Manager Baker said the agreement ends in September. Special Commission Meeting Minutes—07/30/2013 7 Vice Mayor Kelley asked, will staff have sufficient time for transition? Manager Baker said he will be able to meet all the dates providing there are no hold ups. Mayor Taylor said the meeting does not call for a public hearing, but it has been brought to her attention that someone would like to have an opportunity to speak. Attorney Geller said it is not a public hearing; however he was informed that someone had requested to speak. There is new legislation that has been adopted by the legislators at the state level that speaks about municipal governments hearing from people who would like to weigh in on issues that are going to be discussed. He further said based on his understanding of the new legislation, he thinks it is preferable for the City Commission to allow people to be heard. Mayor Taylor asked her colleagues if they would like to hear from the public. Vice Mayor Kelley said he does not think the legislation has made it to the local level yet, but on the side of caution he does not mind hearing from the public with a three minute limit. Commissioner Holmes said he would allow the public to speak with a two minute limit. Commissioner Santiago shared the same concerns as Commissioner Holmes as it relates to a two minute limitation. Mayor Taylor said she does not want anyone speaking about other companies; they must come before the City Commission and speak about the company they are representing. Mayor Taylor opened the floor to hear comments with a two minute limit. Grant Smith of Progressive Waste Solutions, 2860 State Road 84, Fort Lauderdale, FL appeared before the City Commission and stated that he is representing the number two ranked company. Choice is the predecessor in the city and he also worked for Choice. Progressive Waste Solutions knows the city better than anybody else when it comes to residential service of the city and they are highly qualified. He further said to receive zeros on references is unreasonable. Progressive has the ultimate reference because they have been working for the city for five years. Nobody had an opportunity to review each company's submission and that's important because they will see things the city's professional staff will not see. The recommendation for award was not published and when it is published it's suppose to be made public according to the state law. He said he would like to see the other company's proposals to see their qualifications. Raking meetings are required by law to be held as open meetings. The committee met out of the sunshine because the meeting was not noticed, the company's were not asked to be Special Commission Meeting Minutes—07/30/2013 8 there, it was not a public meeting, therefore, the decision that came out of that meeting is an illegal decision and it cannot be rectified by bringing it back. Mr. Smith concluded by saying they are a highly qualified company, they have many years of residential experience and he is not certain that the number one ranked company has that experience. Jose Flores of Ecological Paper Recycling, 2350 NW 149th Street, Opa-locka, FL appeared before the City Commission and said his company is the largest publically owned company in Miami-Dade County. The City Manager has reviewed their paperwork and finances and they are more than capable of running a lot of cities. They have city, county, and state contracts throughout Miami-Dade, Broward, and Palm Beach counties. They have sufficient funding, line of credit, and over 15 trucks and if there is a need to purchase additional trucks they will. Carlos Piccinonna of Great Waste & Recycling, 3051 NW 129th Street, Opa-locka, FL appeared before the City Commission and asked if the City Manager took into consideration when coming to the conclusion that Ecological was the lowest bidder any added values that was in the proposals. In the case of Great Waste, they were donating all the totters in addition to adding another$20,000 per year to use for programs. If you take that into consideration Great Waste comes in at $22.98 per house. He further said in addition, did the City Manager take into consideration by slashing the cost 23%that the city will also take a cut in revenue franchise fees. Great Waste was able to come up with a formula that gave a 15% decrease to the current businesses and kept the current revenue flowing. Alex Gonzalez of Waste Management, 2125 NW 10th Court, Miami, FL appeared before the City Commission and stated that they have been with the city for over 12 years and they have a good corporate partnership. The city has received over 6 Million Dollars from Waste Management and he is not sure if any other company submitted audited financial statements. Waste Management is a strong company and they have always given the city top notch service. Attorney Alfredo Gonzalez, 100 SE 2nd Street, 44th Floor, Miami, FL appeared before the City Commission on behalf of Waste Management and stated that there is a sunshine violation in the process because there is clarity in the law that says a selection committee meeting must be advertised. The review gives some doubt as to if it was fair and equitable and the law is very clear regarding that. A decision by the selection committee is broadly supported and the City Attorney can confirm that. He further said the RFP in no uncertain terms said that the company had to provide three customer references, if they did not they were non responsive to a material provision of the RFP and it is very good public policy behind that. Jason Neal of Waste Management, 2125 NW 10th Court, Miami, FL appeared before the City Commission and made reference to the pricing. There are two components of the contracts, residential and commercial. The residential is one unit price times the number of residents in the city and multiply that to get the extended total. The commercial portion Special Commission Meeting Minutes—07/30/2013 9 has a series of service levels and what was submitted was a price for each component, however, he has not seen how many customers had each service level in order to extend the services. He further said Waste Management new proposal included a huge schedule of contributions to the city. The first year almost Two Million Dollars and every year thereafter it exceeds $60,000 per year. Alvin Burke, 2928 NW l32nd Street, Apt. 328, Opa-locka, FL appeared before the City Commission and voiced his concerns as a citizen. He said he is appalled that people can appear before the City Commission to act as if the city staff does not know what they are doing. If another company would have been awarded then it would not be an issue. He further said company's made reference to them being in the city for years but how many of them have hired city residents. There being no additional person to speak, Mayor Taylor closed the floor for comments. Commissioner Holmes said he is inclined to agree that the way the committee was formed it was probably a sunshine violation. He said he would like to amend the resolution to separate the services. Commissioner Santiago said Mr. Smith made reference that the city had a meeting which was illegal. He asked, was it illegal? Attorney Geller said nothing is illegal about having a Special Commission meeting and nothing is illegal about considering an item that has been presented to the City Commission. As far as the specific statement Mr. Smith made regarding the selection committee which was also echoed by another attorney, he will not comment on something he does not have all the facts on, but he will take into account what has been said and investigate the facts before he offer a final opinion. He further said what the City Commission is doing today is authorizing the City Manager to negotiate and enter into and he does not necessarily agree with statements that nothing can be done if something was done improper. Commissioner Santiago asked is the Special Commission Meeting they are currently conducting legal. Attorney Geller said nothing is improper about the Special Commission Meeting. Commissioner Santiago asked for an explanation as to how the sunshine law was broken. Attorney Geller said he would like to investigate the facts and he does not want to give an answer from the dais without having the proper information. Commissioner Santiago said if everything is correct in the RFP and the meeting is legal, he does not see the reason why the City Commission cannot vote on the item. Special Commission Meeting Minutes—07/30/2013 10 After hearing the City Attorney indicate he was just made aware of some the issues, Vice Mayor Kelley asked was the information conveyed to the City Manager. Attorney Geller said he had that discussion with the City Manager recently. He further said if the City Commission was approving a contract today, he would probably inform the Commission that he would be more comfortable looking at it first, however, that is not the case today. They are authorizing negotiations and any action taken today is not the final action. Commissioner Holmes said he would like to make a motion to defer the item until a later date to allow the City Manager and City Attorney to look into the concerns that were brought up. Mayor Taylor said she respects all the comments that were made but everyone must keep in mind that the City Commission is under advice of council. She further said the City Commission is voting on the resolution to accept a proposal that has gone through the process and authorize the City Manager to enter into and execute a professional service agreement for final approval by the City Commission. Mayor Taylor said Commissioner Holmes made a recommendation to hold on the item, but she does not know where that will lead to. Manager Baker said his concern is the logistics of having to extend existing contracts past September 30th He further said they have sacrificed in an effort to continue to provide more time and they are now down to the wire, therefore, he has concerns with extending the contract unless he could have a moment to speak to the City Attorney. Attorney Geller said as a point of parliamentary law, he has not said the City Commission must defer the item because he has not had an opportunity to investigate. The City Commission Meeting took a two minute recess. The Special Commission meeting reconvened. Attorney Geller said if the City Commission votes on the motion made by Commission Holmes to defer the item, it would give him an opportunity to look further into the matter. For the record he is not saying the city has done anything improper, but he would like an opportunity to look into the matter. If there is any issue that needs to be fixed, there is an opportunity to come back at the 1St September meeting. Manager Baker concurred with the City Attorney. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to defer the item and matter until September 11, 2013. Special Commission Meeting Minutes—07/30/2013 11 Attorney Geller said for the record when someone raises an issue particularly this close to the time of action the policy of this city is to make sure that they have a full investigation and they are doing everything by the book. Vice Mayor Kelley said he does not have anything against any of the company's but the City Commission is not setting a good precedence by deferring the item and having a two minute recess. He heard the comments and because this is only the first step, if the City Attorney comes up with some legal opinion that something was done improper he would notify the City Commission and City Manager and the process will stop. Commissioner Santiago said for the record he was under the impression that the City Commission was going to pass the resolution for the same reasons Vice Mayor Kelley mentioned. He would like to move forward to vote on the item. Mayor Taylor asked the City Attorney for clarity. Attorney Geller said Commissioner Holmes made a motion to for deferral, if the item fails then the Commission would move forward. There being no further discussion, the motion for deferral failed by a 3-1 vote. Commissioner Santiago No Commissioner Holmes Yes Commissioner Johnson Not Present Vice Mayor Kelley No Mayor Taylor No There being no discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Santiago Yes Commissioner Johnson Not Present Commissioner Holmes No Mayor Taylor Yes g). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH LIMOSINES OF SOUTH FLORIDA, INC., FOR SATURDAY SHUTTLE BUS SERVICES, IN AN AMOUNT NOT TO EXCEED $19,713.20, PAYABLE FROM ACCOUNT NUMBER 32-541340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the resolution. Special Commission Meeting Minutes—07/30/2013 12 Vice Mayor Kelley said two issues were raised by Mayor Taylor and Commissioner Johnson regarding the routes. Where those issues included in this item? Manager Baker said the city received a grant for the north route, but not the south route so they attempted to modify one of the routes to accommodate all of the residents on 22nd Avenue and east of that area. In order to make that work they would have to eliminate some of the key points. They have concluded that process because it would not be a good service offered to the residents. He further said he is proposing to keep the route and take on the east side and provide the same service that's provided throughout the week. Vice Mayor Kelley said he will support the item, but he hopes that over the course of the next year staff would look at the analysis to see what day is possible to not have service because this is funded from PTP funds and he noticed that the City Manager proposed from the budget workshop that the PTP revenue will be lower in the upcoming budget. Mayor Taylor voiced her concerns with regards to the route including 151St Street from NW 37th Avenue to NW 27th Avenue. Manager Baker said the City Commission should receive a memorandum highlighting the schedule. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Commissioner Johnson Not Present Vice Mayor Kelley Yes Mayor Taylor Yes h). A RESOLUTION OF THE CITY COMMISSIONOF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ADVERTISE AND ISSUE A REQUEST FOR PROPOSALS ("RFP") FOR A QUALIFIED DESIGN BUILD CONTRACTOR FOR THE GATEWAY ROUNDABOUT AT THE INTERSECTION ON NW 27TH AVENUE AND OPA-LOCKA BLVD, IN AN AMOUNT NOT TO EXCEED TWO THOUSAND ONE HUNDRED DOLLARS ($2,100.00), PAYABLE FROM PTP FUND, ACCOUNT NUMBER 47-541807, NOT A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Manager Baker said this process will allow staff to go out and solicit proposals to do a design build project. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Special Commission Meeting Minutes—07/30/2013 13 There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Not Present Commissioner Santiago Yes Mayor Taylor Yes i). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA INDICATING THE OFFICIAL INTENT OF THE CITY TO ISSUE OBLIGATIONS, TO FINANCE, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS OF THE CITY, THE COST OF ACQUISITION, IMPROVEMENT AND EQUIPPING OF A BUILDING OR PORTION THEREOF TO BE USED FOR CITY PURPOSES, INCLUDING FOR ADMINISTRATIVE OFFICES AND/OR LEASE TO THIRD PARTIES, AND THE COSTS RELATED OR INCIDENTAL THERETO, FUNDING NECESSARY RESERVES FOR SUCH OBLIGATIONS, AND PAYING COSTS OF ISSUANCE OF SUCH OBLIGATIONS AND TO USE A PORTION OF THE PROCEEDS OF SUCH OBLIGATIONS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF: PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the resolution. Vice Mayor Kelley asked is this the same as the $10 Million Dollars the City Manager was looking for to purchase the Town Center building. Manager Baker said yes, it is the same concept. Vice Mayor Kelley asked why the amount increased to $12 Million Dollars? Manager Baker explained that there are several reasons; the first reason is because the city continues to pay rent on the building and the funds are not in the budget. The original plan was to reimburse the city once the deal closed, however, this legislation must be put in place before any type of loan goes forth. The second reason is they are now looking at other properties and the process may move faster than they intended. Attorney Geller said this item does not authorize the City Manager to borrow or spend money. There being no further discussion, the motion passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Santiago Yes Commissioner Johnson Not Present Commissioner Holmes Yes Special Commission Meeting Minutes—07/30/2013 14 Mayor Taylor Yes 6. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to adjourn the meeting at 5:37 p.m. - Myra 0.vTaylor MAYOR ATTEST: 1 Joanna Flores CITY CLERK Special Commission Meeting Minutes—07/30/2013 15