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HomeMy Public PortalAbout04-April 27, 2015 Regular Commission Meerting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES POSTPONED REGULAR COMMISSION MEETING April 27, 2015 7:00 P.M. Sherbondv Village Auditorium 215 President Barack Obama (Perviz)Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Monday, April 27, 2015 in the Auditorium at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Timothy Holmes, Commissioner Terence K. Pinder, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Commissioner Joseph L. Kelley arrived at 7:05 p.m. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The Mayor and City Commission recognized Office Edward Vega and Luis Rodriguez as Employees of the Month. Commissioner Pinder recognized the Opa-locka Hurricanes Track Team and encouraged them to keep up the good work. Mayor Taylor announced that Michael Pizzi is officially the Mayor of the Town of Miami Lakes. She further said her husband was hospitalized and she thanked everyone for their Prayers, visits, and phone calls. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Postponed Regular Commission Meeting Minutes—04/27/2015 1 The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 13-4 (Commissioner Pinder); 13-1 (Commissioner Santiago); 13-5 (Commissioner Kelley). Request to amend the agenda to include the following items: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SPONSORING THE NATIONAL LEAGUE OF CITIES SERVICE LINE WARRANTY PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to amend the agenda to include item 14-1. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A REVOLVING LINE OF CREDIT FROM CITY NATIONAL BANK TO PROVIDE TEMPORARY BRIDGE FINANCING FOR THE CITY'S ONGOING AND FUTURE DRINK WATER, SEWER WATER, AND WASTEWATER IMPROVEMENT PROJECTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to amend the agenda to include item 14-2. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA SUPPORTING SENATE BILL 378-2015 TO EXPAND LAW ENFORCEMENT OFFICERS ABILITY TO GIVE A WARNING, INFORM THE PARENTS/GUARDIAN OR ISSUE CIVIL CITATIONS FOR DIVERSION PROGRAM TO JUVENILES IN LIEU OF ARREST; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. Postponed Regular Commission Meeting Minutes—04/27/2015 2 It was moved by Commissioner Pinder, seconded by Commissioner Santiago to amend the agenda to include item 14-3. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 16A1: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING SECTION 2-316 OF THE CITY CODE TO INCREASE THE AMOUNT THE CITY MANAGER MAY SPEND FOR PURCHASING SUPPLIES $10,000 TO $25,000 WITHOUT CITY COMMISSION APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to amend the agenda to include item 16-1. There being no discussion, the motion to amend the agenda passed by a 4-1 vote. Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting—03/18/2015 Postponed Regular Commission Meeting Minutes—04/27/2015 3 It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to approve the minutes of the Special Commission Meeting of March 18, 2015 There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes Postponed Regular Commission Meeting—04/13/2015 It was moved by Commissioner Santiago, seconded by Commissioner Pinder to approve the minutes of the Postponed Regular Commission Meeting of April 13, 2015 There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Jordan's Office (District 1) came forward and said he did not have any reports or announcements at this time, but he will be glad to take back any concerns or issues to Commissioner Jordan. Commissioner Pinder said the seniors are in need of a bus, therefore, he requested a city transit bus to accommodate all of the seniors. Mr. Gardner said it is his understanding that the county does have buses in retirement and he will follow up with the Commissioner with a response. Melonie Burk, of Miami-Dade County Chairman Jean Monestime's Office (District 2) came forward and thanked the Mayor for presenting a Resolution of Sympathy to Chairman Monestime at his mom's funeral. She announced that Chairman Monestime will be hosting a Town Hall Meeting on April 28, 2015 at 6:00 p.m. at Arcola Lakes Center. 10. PUBLIC PRESENTATION: 1. Darren Williams, Division Chief Operations North Division Miami-Dade Fire Rescue Department Postponed Regular Commission Meeting Minutes—04/27/2015 4 Ref: community shelters and city resources for emergency situations Mr. Williams appeared before the City Commission and said over the last few months they had two major incidents in the city and what he have learned with the help of a board is to establish a format of resources in terms of communication. Commissioner Kelley said he met with a business owner and one of the things came out of the meeting was that there was no place to get water from during a previous fire in the city and he hope that issue is being addressed. Manager Baker said as part of the infrastructure project they are bringing additional fire hydrants into residential and commercial areas. In terms of the pressure, they had the county Fire Department go back out and test the pressure to the lines and it was sufficient. Commissioner Santigo said he received a letter from a business owner and they mentioned that the fire hydrants did not have sufficient pressure. 2. Lee Zale, Regional Area Manager National League of Cities Mr. Zale appeared before the City Commission and stated that the National League of Cities works with several programs and their goal is to help cities address policy issues. He distributed a brochure regarding the Service Line Warranty Program. 11. CITIZENS' FORUM: 1. Alvin Burke of 1240 Jann Avenue, Opa-locka, Florida appeared before the City Commission and said at the last Commission Meeting he informed the Commission about the housing discrimination and his concerns were ignored. The Urban Rangers have been cutting and maintaining the city and in his opinion they have been doing a great job. With all due respect, Mr. Burke said the city has a lot of churches in the city, now they want to move them to the industrial areas; churches do not bring revenue to the city. 2. Eric Redmon of 2766 NW 131St Street, Opa-locka, Florida, appeared before the City Commission and expressed his frustration regarding the city's current garbage company. Universal Waste Services has done a fine job, but there are still complaints. They came to the city in a manipulative way, because they stated that they had nothing to do with Ecological which is false. He has documentation of someone representing Universal Waste Services at that time and he will address that at a later date. 3. Dorothy Johnson of 780 Fisherman Street, 3`d Street, Opa-locka, Florida appeared before the City Commission and suggested that add on agenda items be made available to the public. She expressed her concerns about the $500 Christmas bonus and asked if the City Commission gave their bonus back or is it just the employees. She said this is her fourth meeting asking questions and none of her questions were answered. She further said Sylvia Daughtrey invested 26 years in the City of Opa-locka and the city was not represented at her Memorial Service. She invited everyone to the Historic Hampton House Grand Opening on Friday, May 8, 2015. Postponed Regular Commission Meeting Minutes—04/27/2015 5 12. ACTION ITEMS (items from consent agenda pull list): 1. (13-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO FILE SUIT AGAINST THE OWNERS OF THE CUYAHOGA PROPERTY IN ORDER TO RECOUP AND FORECLOSE ON LIENS IN THE AMOUNT OF $253,555,53 AND TO CLEAN UP THE PROPERTY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the resolution. Commissioner Santiago said he heard a lot about that property and he was informed that whenever the city goes after the owners they change ownership. He hope this legislation will help the city make progress on the property. Commissioner Kelley said the legislation is to file suit against the owners so his position is to go after whoever is the owner. There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 2. (13-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MITCHELLS LAWN SERVICE AS THE MOST RESPONSIVE AND RESPONSIBLE PROPOSER TO MAINTAIN THE CITY'S MEDIANS, PAYABLE FROM ACCOUNT NUMBER 41-541340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Commissioner Pinder said our house has to be presentable to visitors. Several years ago Opa-locka spearheaded a beautification project and the City of Miami Gardens duplicated that project. It's a difference when you leave other cities and come to Opa-locka. He commends the Urban Rangers and the other staff that maintains the city's main corridors, but there is certain professionalism to the landscaping business. He directed his colleagues to tab 4 in their booklet. He made reference to the vendor's ratings, Mitchells Postponed Regular Commission Meeting Minutes—04/27/2015 6 Lawn Service won because of pricing, unlike My Lawn Service which was higher because it was broken down by categories. The committee graded My Lawn Service as the top professional landscaping company so he requested to make a motion to place My Lawn as the vendor of choice for the selection at a cost of$61,750. Commissioner Kelley said he is not in support of selecting neither company. The city just had a workshop and the City Manager laid out the possibility of having to lay off employees. He cannot vote on any company to come and do service because it is not a budgeted item. It would be different if it was to send the current staff to get training in maintenance and different skill set. Commissioner Pinder said he has a consensus with what his colleague said, but the City Manager can explain the funding source for this project and the allocation of the funds is there. Commissioner Santiago asked, how much money has the city spent on lawn equipment? Manager Baker said he would provide a written response to Commissioner Santiago's question. Commissioner Kelley asked, how can they change the amount of My Lawn Service package? Attorney Brown said they can, but they can always instruct the City Manager to go back and negotiate with the highest rated proposer for the price the city wants. Vice Mayor Holmes said considering the city's budget he does not think they need to approve this at this time, they can continue to do it in-house. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to amend the resolution as follows: Authorizing the City Manager to enter into a contract with My Lawn Service as the most responsive and responsible proposer and to maintain the city's medians at a cost of$61,750. There being no further discussion, the amendment passed by a 3-2 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley No Commissioner Pinder Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 3-2 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley No Mayor Taylor Yes Postponed Regular Commission Meeting Minutes—04/27/2015 7 3. (13-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PAY THE SALARY OF POLICE OFFICER JEAN MARY JEAN BAPTISTE FOR AN ADDITIONAL SIX MONTHS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to pass the resolution. Commissioner Kelley said he pulled the item, but he got clarification. There being no discussion, the resolution passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 13. CONSENT AGENDA: (13-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE USAGE OF A CITY OWNED LOT LOCATED AT 1950 ALI-BABA AVENUE BY ANTIOCH MISSIONARY BAPTIST CHURCH FOR A HEALTH FAIR AND FOOD DISTRIBUTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFF'ECITVE DATE. Sponsored by J.K. (13-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE THIRTY FIVE TASERS WITH ACCESSORIES ON BEHALF OF THE OPA-LOCKA POLICE DEPARTMENT USING LAW ENFORCEMENT TRUST FUND MONIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (13-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY ATTORNEY TO INITIATE ACTION AGAINST THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY AND THE CSX CORPORATION TO ABATE ANY NUISANCES AND/OR OTHER VIOLATIONS OF THE OPA-LOCKA CODE SURROUNDING THE RAILROAD TRACKS IN THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO STUDY THE OUTSOURCING OF COMMUNITY DEVELOPMENT; PROVIDING FOR Postponed Regular Commission Meeting Minutes—04/27/2015 8 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SUPPORTING PASSAGE OF AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT PERMITS FELONS TO VOTE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO LOCATE SUFFICIENT RESOURCES TO FUND A REHABILITATION OF THE CULTURAL ARTS CENTER AND REPORT TO THE COMMISSION WITHIN 30 DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGE TO INSTITUTE A POLICY DIRECTING THAT ALL CITY OWNED VEHICLES ARE RETURNED TO THE CITY WHEN EMPLOYEES WILL BE OUT OF THE OFFICE ON LEAVE, ANNUAL LEAVE, OR COMP LEAVE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass items 2, 3, 6, 7, 8, 9, and 10 of the consent agenda. The motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 14. NEW ITEMS: (14-1): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SPONSORING THE NATIONAL LEAGUE OF CITIES SERVICE LINE OF WARRANTY PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to pass the resolution. Postponed Regular Commission Meeting Minutes—04/27/2015 9 There being no discussion, the resolution passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes (14-2): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A REVOLVING LINE OF CREDIT FROM CITY NATIONAL BANK TO PROVIDE TEMPORARY BRIDGE FINANCING FOR THE CITY'S ONGOING AND FUTURE DRINK WATER, SEWER WATER, AND WASTEWATER IMPROVEMENT PROJECTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the resolution passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes (14-3): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA SUPPORTING SENATE BILL 378-2015 TO EXPAND LAW ENFORCEMENT OFFICERS ABILITY TO GIVE A WARNING, INFORM THE PARENTS/GUARDIAN OR ISSUE CIVIL CITATIONS FOR DIVERSION PROGRAM TO JUVENILES IN LIEU OF ARREST AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Commissioner Kelley said he recalls previous legislation being passed, but this will reinforce it. There being no further discussion, the resolution passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Pinder Yes Commissioner Kelley Yes Postponed Regular Commission Meeting Minutes—04/27/2015 10 Commissioner Santiago Yes Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING AND RESTATING ORDINANCE NO. 13-40 ENACTED BY THE CITY COMMISSION OF THE CITY ON DECEMBER 11, 2013 ENTITLED: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA PROVIDING FOR THE ISSUANCE, IN ONE OR MORE SERIES, OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT, BUT SHALL BE SECURED BY AND PAYABLE FROM PLEDGED FUNDS CONSISTING OF (I) THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A PUBLIC SERVICE TAX AND (II) THE COMMUNICATIONS SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A COMMUNICATIONS SERVICES TAX; PROVIDING FOR THE ISSUANCE OF THE FIRST SERIES OF SUCH OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000), TO BE DESIGNATED AS THE CITY OF OPA-LOCKA, FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2013, FOR THE PRINCIPAL PURPOSE OF PROVIDING FUNDS, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS, TO FINANCE THE COST OF ACQUISITION OF A SITE WITHIN THE CITY AND THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF A CITY ADMINISTRATION BUILDING AND RELATED FACILITIES ON SUCH SITE, ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE; PROVIDING FOR THE ISSUANCE OF ADDITIONAL OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS; PROVIDING FOR THE CREATION OF CERTAIN FUNDS AND ACCOUNTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE."; PROVIDING FOR THE ISSUANCE, IN ONE OR MORE SERIES, OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, OR A PLEDGE OF THE CITY'S FULL FAITH AND Postponed Regular Commission Meeting Minutes—04/27/2015 11 CREDIT, BUT SHALL BE SECURED BY AND PAYABLE FROM PLEDGED FUNDS CONSISTING OF (I) THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A PUBLIC SERVICE TAX AND (II) THE COMMUNICATIONS SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A COMMUNICATIONS SERVICES TAX; PROVIDING FOR THE ISSUANCE OF THE FIRST TWO SERIES OF SUCH OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS ($8,600,000), TO BE DESIGNATED AS THE CITY OF OPA-LOCKA, FLORIDA TAX-EXEMPT CAPITAL IMPROVEMENT REVENUE AND REFUNDING NOTE, SERIES 2015A AND TAXABLE CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2015B, RESPECTIVELY; PROVIDING FOR THE PROCEEDS OF THE 2015A NOTE, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS, TO BE USED TO (I) FINANCE A PORTION OF THE COSTS OF ACQUIRING AN OFFICE BUILDING AND RELATED SITE IN THE CITY, A PORTION OF WHICH BUILDING WILL BE USED FOR CITY ADMINISTRATION AND A PORTION OF WHICH WILL BE LEASED TO THIRD PARTIES, (II) FINANCE CERTAIN COSTS OF RENOVATING AND EQUIPPING THE PORTION OF THE OFFICE BUILDING TO BE USED FOR CITY ADMINISTRATION, (III) RETIRE THE CITY'S CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2014 CURRENTLY OUTSTANDING IN THE PRINCIPAL AMOUNT OF $84,000, AND (IV) PAY CERTAIN COSTS OF ISSUANCE RELATING TO THE 2015A NOTE, ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE; PROVIDING FOR THE PROCEEDS OF THE 2015B NOTE, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS, TO BE USED TO (I) FINANCE THE BALANCE OF THE COSTS OF ACQUIRING SAID OFFICE BUILDING AND RELATED SITE IN THE CITY; (II) PAY CERTAIN MOVING COSTS ASSOCIATED WITH RELOCATING THE CITY'S ADMINISTRATIVE FUNCTIONS TO THE OFFICE BUILDING; AND (III) PAY CERTAIN COSTS OF ISSUANCE OF THE 2015B NOTE, ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE; PROVIDING FOR THE ISSUANCE OF ADDITIONAL OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS; PROVIDING FOR THE CREATION OF CERTAIN FUNDS AND ACCOUNTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to pass the above ordinance. Commissioner Kelley said this is first reading so he wants to ask his questions now so they can be addressed before the second reading. To the City Manager and City Attorney, looking at the document that the attorney sent via email, within the legislation where the public service tax revenues, levy, and collection from the public service tax, it also says in the notation given by the Attorney that other funding sources may be needed and that concerns him because they were originally getting $8.5 from the loan. He asked, is that what this is based on? Postponed Regular Commission Meeting Minutes—04/27/2015 12 Manager Baker replied, yes. Commissioner Kelley asked, why did it increase to $8.6? Manager Baker said because of additional closing cost. Commissioner Kelley asked, is it due to the additional closing cost and upgrades? Manager Baker, replied yes. With regards to an explanation given by the Attorney, Commissioner Kelley said one of his bullet points was on page 1 regarding the issuance of refunding the obligations if certain financial tests are met. Commissioner Kelley requested that the City Attorney provide him with clarification on what that entails. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 2. A SERIES ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO PROVIDE FOR THE ISSUANCE, PURSUANT TO AN ORDINANCE OF THE CITY ENACTED ON THE DATE HEREOF, OF OBLIGATIONS OF THE CITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS ($8,600,000), TO BE DESIGNATED AS THE CITY OF OPA-LOCKA, FLORIDA TAX-EXEMPT CAPITAL IMPROVEMENT REVENUE AND REFUNDING NOTE, SERIES 2015A AND TAXABLE CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2015B, RESPECTIVELY; PROVIDING FOR THE PROCEEDS OF THE 2015A NOTE, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS, TO BE USED TO (I) FINANCE A PORTION OF THE COSTS OF ACQUIRING AN OFFICE BUILDING AND RELATED SITE IN THE CITY, A PORTION OF WHICH BUILDING WILL BE USED FOR CITY ADMINISTRATION AND A PORTION OF WHICH WILL BE LEASED TO THIRD PARTIES, (II) FINANCE CERTAIN COSTS OF RENOVATING AND EQUIPPING THE PORTION OF THE OFFICE BUILDING TO BE USED FOR CITY ADMINISTRATION, (III) RETIRE THE CITY'S CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2014 CURRENTLY OUTSTANDING IN THE PRINCIPAL AMOUNT OF $84,000, AND (IV) PAY CERTAIN COSTS OF ISSUANCE RELATING TO THE 2015A NOTE, ALL AS MORE FULLY SET FORTH HEREIN; PROVIDING FOR THE PROCEEDS OF THE 2015B NOTE, TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS, TO BE USED TO (I) FINANCE THE BALANCE OF THE COSTS OF ACQUIRING SAID OFFICE BUILDING AND RELATED SITE IN THE CITY; (II) PAY CERTAIN MOVING COSTS ASSOCIATED Postponed Regular Commission Meeting Minutes—04/27/2015 13 WITH RELOCATING THE CITY'S ADMINISTRATIVE FUNCTIONS TO THE OFFICE BUILDING; AND (III) PAY CERTAIN COSTS OF ISSUANCE OF THE 2015B NOTE, PROVIDING FOR THE TERMS AND PAYMENT OF SUCH 2015 NOTES, ALL AS MORE FULLY SET FORTH HEREIN; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES OF THE LENDER WITH RESPECT TO THE 2015 NOTES; MAKING OR PROVIDING FOR CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DESIGNATING THE CITY AS THE REGISTRAR AND PAYING AGENT FOR THE 2015 NOTES; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH THE LENDER TO SET FORTH MATTERS RELATING TO THE 2015 NOTES AS REQUIRED BY SUCH LENDER OR OTHERWISE NECESSARY AND APPROPRIATE, SUBJECT TO THE PARAMETERS SPECIFIED HEREIN; AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE 2015 NOTES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the above ordinance. Commissioner Kelley said this is first reading, hopefully he can get an answer by the second reading. He would like to make the same comments he made on agenda item 16A1, but also to his colleagues he want them to be clear on what the Attorney gave them in his explanation that 38% of the square footage must be used as administration because it's being financed by the note and the other is who will manage the building and the fact that it has to be reviewed by the Bond Counsel and not leased to private parties other than certain limited exceptions. He asked, is that the way the loan was set up with the bank and the issuance of the note or was that something the city decided to do as an administration? Also, the other part is the termination of the lease upon reasonable notice. He requested clarification by the next Commission Meeting. Commissioner Pinder concurred with his colleague. He requested that the City Manager go further and map out everything so they can see it. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, AMENDING CITY ORDINANCE 86-8, THE LAND DEVELOPMENT Postponed Regular Commission Meeting Minutes—04/27/2015 14 CODE, TO INCLUDE PLACES OF RELIGIOUS ASSEMBLY AS A PERMITED USE IN THE LIMITED INDUSTRIAL I-1 DISTRICT AS A SPECIAL EXEMPTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the above ordinance. There being no discussion, the motion passed by a 3-2 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley No Commissioner Pinder Yes Mayor Taylor Yes 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING SECTION 2-316 OF THE CITY CODE TO INCREASE THE AMOUNT THE CITY MANAGER MAY SPEND FOR PURCHASING SUPPLIES $10,000 TO $25,000 WITHOUT THE CITY COMMISSION APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the above ordinance. There being no discussion, the motion passed by a 4-1 vote. Vice Mayor Holmes Yes Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes Commissioner Kelley requested to reconsider his vote on agenda item 16A3. It was moved by Commissioner Pinder, seconded by Mayor Taylor to re-open agenda item 16A3. There being no discussion, the motion passed by a 4-1 vote. Commissioner Kelley Yes Postponed Regular Commission Meeting Minutes—04/27/2015 15 Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, AMENDING CITY ORDINANCE 86-8, THE LAND DEVELOPMENT CODE, TO INCLUDE PLACES OF RELIGIOUS ASSEMBLY AS A PERMTTED USE IN THE LIMITED INDUSTRIAL I-1 DISTRICT AS A SPECIAL EXEMPTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the above ordinance. Commissioner Kelley said he has been working on this for almost a year and he requested to be a co-sponsor on the legislation. Commissioner Santiago requested to be a co-sponsor on the legislation. There being no discussion, the motion passed by a 4-1 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor Yes B. SECOND READING ORDINANCES/PUBLIC HEARING: C. RESOLUTIONS/PUBLIC HEARING: 17. CITY MANAGER'S REPORT: 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to adjourn the meeting at 8:50 p.m. Postponed Regular Commission Meeting Minutes—04/27/2015 16 /4LJJ37/ ATTEST: I , A 1 CITY CLERK Postponed Regular Commission Meeting Minutes—04/27/2015 17