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HomeMy Public PortalAbout05-May 13, 2015 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING May 13, 2015 7:00 P.M. Sherbondy 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 Wednesday, May 13, 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: Commissioner Luis B. Santiago, Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, 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 Terence K. Pinder arrived at 7:02 p.m. 3. INVOCATION: The Invocation was delivered by Commissioner Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 13-1 and 13-2 (Commissioner Pinder). 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Pinder Yes Regular Commission Meeting Minutes—05/13/2015 1 Mayor Taylor asked the City Attorney can the gentleman speak on the item during Citizens' Forum. Attorney Brown said that is the discretion of the City Commission. Commissioner Kelley asked, is the item a Public Hearing item? Attorney Brown replied, no. Commissioner Kelley said since it is not a Public Hearing then they should hear his concerns at this time. Mr. Tarone said he has the privilege of representing the preferred proponent on the proposal for Design Build. He does not know why the City Manager have a resolution to reject all bids. He asked that they let their process follow its course. Attorney Brown asked Mr. Tarone if he is a registered lobbyist for the city? Mr. Tarone replied, no. He said he is counsel for the team. Attorney Brown informed Mr. Tarone that he is taking a step to influence the decision of the Commission and based on the lobbyist registration ordinance he has to register as a lobbyist on behalf of the company. Mr. Tarone said he thought as part of the forum he can give a request to the Commission as to why they believe something should be voted on. He said they just found out about the resolution on Monday and they had an opportunity to speak to the Assistant City Manager and he did not understand that he would be considered as a lobbyist. Commissioner Santiago said the item has been pulled, why they can't speak during the discussion? Attorney Brown said his ruling would be that he is not permitted to speak because he is lobbying. Vice Mayor Holmes said maybe Commissioner Pinder pulled items 13-1 and 13-2 because he has a reason. If the gentleman wants to speak on the resolution they should allow him. Mayor Taylor said she heard the concerns, but she must adhere to the legal advice from the City Attorney. 2. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City Commission and said Miami-Dade County Citizens Bill of Rights section 5 says "a right to be heard so far as the orderly conduct of public business permits, any interested party has the right to appear before the Commission or any municipal council or any county or municipal agency, board or department for the presentation, adjustment or the termination of an issue" violation of this can result in legal action and if the court finds that the citizens Bill of Rights have been disobeyed they shall forfeit their office. Regular Commission Meeting Minutes—05/13/2015 3 3. Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida appeared before the City Commission and thanked them for the presenting a Proclamation to the Historic Hampton House. She echoed the comments made by Mr. Riley. She said they need to be aware that when it is election time everyone makes promises so they need an answer. She made reference to Florida Statutes 166.231 which allows municipalities to use public service taxes. She said when public tax dollars are being used they should have considered having a workshop because this is going to fall on the taxpayers. The commission is spending a lot of money and she has concerns. Commissioner Kelley requested that the City Attorney give his legal opinion regarding Bill of Rights during his report. Commissioner Pinder said he concurs with Commissioner Kelley. He requested to have the issues addressed from Mr. Riley and Mrs. Johnson. 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, TO ENTER INTO AN AGREEMENT WITH INTERCOUNTY ENGINEERING, INC. IN THE AMOUNT NOT TO EXCEED FIVE MILLION ONE HUNDRED TEN THOUSAND FOUR HUNDRED FIFTY TWO DOLLARS ($5,110,452.00) FOR THE DESING BUILD SERVICES FOR CAIRO LANE DRAINAGE, ROADWAY AND SANITARY SEWER, AND DRINKING WATER SYSTEM PROJECT FUNDED BY FDEP GRANT APPROPRIATION AND THE STATE OF FLORIDA REVOLVING LOAN FUNDS, PAYABLE FROM ACCOUNT NO.'S 35-5356315, 43-5386315, 64-5336315; 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 Santiago, seconded by Commissioner Pinder to pass the resolution. Commissioner Pinder said he supports the legislation,but he pulled it for clarification. He has concerns about the hiring of city residents. He requested that staff address the commitment from company's hiring residents for this project. Manager Baker said the contractor committed to 15 local hires for this project. Commissioner Pinder said he has a great concern when you look at the figures of the project versus 15 hires. Commissioner Kelley said everyone knows he is an advocate for jobs and he would love for that number to be higher, but these types of proposals have a lot of attachments in terms of funding. There was a discrepancy about whether there was a need for lift station 7. He asked, as part of the process how will that be addressed and how will the issue about the wall be addressed? Regular Commission Meeting Minutes—05/13/2015 4 Manager Baker said the wall issue is the responsibility of the property owners because it is built into the public right-of-way. In terms of the engineering and the flow of wastewater coming out of the properties into the wastewater that is the type of design that was selected to ensure that adequate flow is sufficient to go into the lift station. Commissioner Kelley asked, is that a yes or no on the lift station and when the City Manager negotiate do he plan to stick with the requirements? Manager Baker replied, yes. Commissioner Santiago asked the City Manager what type of jobs they will give to the local businesses in the city? Manager Baker said roughly a month ago they went through a community job fair and the purpose of the job fair was to put together a master list of residents that are eligible and have the skill sets that contractors will look at. The contractors hear the concerns of the city to put residents to work. Commissioner Santiago said the City of Opa-locka has a lot of positive hard working people and he would like to help them. Vice Mayor Holmes asked, is this the second resolution and if so what's the difference? Manager Baker said yes this is the second time and the price has gone up, the design build is slightly different. There being no further 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 2. (13-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO REJECT ALL BIDS, CANCEL RFP 15-1604100 AND RE-ADVERTISE FOR DESIGN BUILD SERVICES FOR ZONE 1 & 2 INCLUDING NW 147TH STREET DRAINAGE AND ROADWAY, SANITARY SEWER, AND DRINKING WATER SYSTEM FUNDED BY THE STATE REVOLVING LOAN 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 Commissioner Pinder to pass the resolution. Regular Commission Meeting Minutes—05/13/2015 5 Commissioner Pinder said he supports the resolution but also the commitment for jobs. Although the City Manager is requesting to reject all bids and go back out he thinks the commitment is to get more bang for their buck. They are making a big commitment with the $40 Million Dollar project but he would like to see employment for the residents. Jobs for the residents is his main concern as they vote for projects. Commissioner Kelley said when he saw the initial quotes and what was being proposed and lack of proposal for job hires he was very disappointed, therefore he supports the legislation to reject all proposals and go back out. They want to make sure the city residents have job opportunities. As it relates to the job fair that the City Manager mentioned, they had a lot of residents come out to fill out forms so they can match citizens with the skill set to be able to hire. Vice Mayor Holmes asked, is this the second time for this? Manager Baker replied, no. Vice Mayor Holmes said he is in favor of jobs for the citizens, but he does not believe in getting the highest bidder to do work for the city to hire people. Commissioner Santiago asked, if the above resolution passes how long will the process take? Manager Baker said it has to be out on the street for about 30 days so he would estimate 45 days before it comes back to the Commission. These particular zones are the largest package through the infrastructure. Their expectations are very high and it will be their greatest impact in terms of hiring city residents. Commissioner Pinder thanked the City Manager for being diligent in his efforts. When he look at the proposals he want to see purchasing equipment from local businesses and hiring local business owners in the city to get local participation. Mayor Taylor said she supports the resolution because it is important that our people work. They welcome everyone, but they must understand what the city wants. There being no further 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: (13-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO RETAIN EDEN LAW SERVICES OF SOUTH FLORIDA TO PERFORM A TITLE SEARCH ON THE CUYAHOGA PROPERTY IN CONNECTION WITH THE CITY'S ENFORCEMENT EFFORTS; PROVIDING FOR Regular Commission Meeting Minutes—05/13/2015 6 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. (13-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY ATTORNEY TO FORECLOSE ON LIENS THAT THE CITY HAS ON PROPERTY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. (13-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPOINT JEAN-CLAUDE F. DUGUE AS AN ADDITIONAL TRAFFIC LIGHT SAFETY HEARING OFFICER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. (13-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO IMPLEMENT AND EXECUTE ORDINANCE NUMBERS 15-06 AND 15-07 IN ACCORDANCE WITH CERTAIN POLICIES AND PROCEDURES THAT GOVERN THE USAGE OF TOWN CENTER ONE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (13-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO APPOINT AN OMBUDSMAN FROM AMONG EXISTING STAFF TO ADDRESS LANDLORD/TENANT ISSUES IN THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (13-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THAT "ADD-ON" AGENDA ITEMS BE MADE AVAILABLE TO THE PUBLIC; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to pass items 3, 4, 5, 6, 7, and 8, 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: Regular Commission Meeting Minutes—05/13/2015 7 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, ADOPTING AND APPROVING UPDATED ADMINISTRATIVE POLICIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to pass the above ordinance. Commissioner Kelley said he supports the ordinance, but he does have questions that he will address with the City Manager. Commissioner Pinder said he hopes administratively they are discussing the policies with the employees because he does not want to pass legislation without them being aware of 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 B. SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO IMPOSE A MORATORIUM ON NEW PAWN SHOP ESTABLISHMENTS ON A CITYWIDE BASIS FOR UP TO TWELVE MONTHS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held. on March 11, 2015). Sponsored by M.T. Mayor Taylor opened the floor for a public hearing. Regular Commission Meeting Minutes—05/13/2015 8 Eric Redmon of 2766 NW 131st Street, Opa-locka, Florida, appeared before the City Commission to express his support on the above ordinance because it is needed. There being no additional people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the above ordinance. 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 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE REGARDING NOTICE OF NEED FOR ABATEMENT OF NUISANCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 11, 2015). Sponsored by C.M. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the above ordinance. Commissioner Kelley asked, what is the process of getting the word out that this has been amended? Manager Baker said nothing is in place at this point, but they will develop a process. Commissioner Kelley said his concern is once the ordinance is passed it will not come back before the City Commission for review. He supports the need to do it, but he has concerns about how people will be notified. Manager Baker said he will provide a draft to the City Commission. Commissioner Kelley suggested that they support the legislation with the understanding that the City Manager will let them know about the final process. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Regular Commission Meeting Minutes—05/13/2015 9 Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REGARDING BUDGETING AND RESERVES; AMENDING ORDNANCE NO. 03-05; REQUIRING THE ESTABLISHMENTS OF A RESERVE FUND BALANCE AND DIRECTING UNALLOCATED RESERVES TO BE USED TO REPLENISH SAME; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on April 13, 2015). Sponsored by M.T. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida, appeared before the City Commission and asked for clarification on the intent of the above ordinance. Mayor Taylor said the intent is to raise the fund balance amount of the reserves. Commissioner Johnson said $123,000 is owed to the reserve account and that amount should be included. There being no additional persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the above ordinance. Commissioner Kelley said he understands the intent of the ordinance, but his concern is if it passes, the body of the ordinance speaks about maintaining One Million Dollars and if not then the next fiscal year you can't appropriate any portion of the remaining until it's replenished. He has concerns with the way it is worded. If the city has a disaster and need to use reserve funds, the way this reads you can't do that until you appropriate or bring the reserve back up to One Million Dollars and he thinks that is challenging. Commissioner Pinder asked Commissioner Kelley if that section is stricken from the legislation will he be comfortable? Commissioner Santiago asked, what will happen in the event of an emergency? Attorney Brown said to address the concerns that have been raised you have to add in the exception that will allow you to use funds for an emergency. Commissioner Kelley said if this passes as is and they have a disaster, the only place they can get money from is the reserves and the way he interprets the legislation they cannot get the funds until the remaining is replenished. Regular Commission Meeting Minutes—05/13/2015 10 Attorney Brown pointed out section 2 that says the reserves may be utilized and the fund balance may be decreased for any of the following reasons, Natural Disasters is one of those following reasons that allows you to go into the fund balance. If you go into number three that says if in any fiscal year the city is unable to maintain the One Million Dollar reserve, the city in the next fiscal year shall not be in title to appropriate any portion of the remaining reserve fund until the reserve fund is replenish to reach the $1 Million Dollar mark. If you have an emergency it still allows you to go into the reserve, but if it is the pleasure of the Commission to add language, the only other language he thinks will be to include "without Commission approval:. Commissioner Pinder asked, does Natural Disaster and emergency mean the same thing or do they need to add the work "emergency"? Attorney Brown said Natural Disaster or emergency is included in section 2A. Commissioner Pinder asked, is that a comfort level to Commissioner Kelley? Mayor Taylor said it's a comfort level for the sponsor and section 2 does address Commissioner Kelley's concerns. It was moved by Vice Mayor Kelley, seconded by Commissioner Pinder to include "without Commission approval". Commissioner Kelley said he still sees a challenge, but if the Attorney is giving his legal opinion then he will support it. There being no further discussion, the amendment passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 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 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING AND RESTATING ORDNANCE 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 Regular Commission Meeting Minutes—05/13/2015 11 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 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 Regular Commission Meeting Minutes—05/13/2015 12 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 (first reading held on April 27, 2015). Sponsored by C.M. Mayor Taylor opened the floor for a public hearing. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City Commission and asked is the public service tax the same as utility tax? Manager Baker replied, yes. Mr. Riley asked, is the communication tax collected by the state as part of the revenue sharing? Manager Baker replied, yes. Mr. Riley said the revenue sharing comes to the city, but it is collected by the state and it should read that it is not collected by the city. Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida, appeared before the City Commission and thanked Commissioner Kelley for making add on legislation available to the public. She said she still has concerns, she asked, how was the public service tax utilized in previous years and the communication taxes was put in a lock box for the previous loan, is that duplicated? Her other concern is when she reads the legislation it says other legally available funds, she asked that to be defined. Denise Gantz, Bond Counsel from Greenspoon Marder appeared before the City Commission and said she would have to defer to city staff in terms of how the revenues referred to in the ordinance have been accounted for in the city's budget. She does know that the city have ordinances that levy those taxes in accordance with state law and she knows that the city has been receiving them. With respect to the question about legally available funds it's a safe harbor, because if it turns out that the amount that is authorized to be borrowed is not sufficient to pay additional costs associated with the project, the city has the option to use other funds that are available for that purpose to make a payment for the project. With respect to the pledge of revenues, these ordinance are clear Regular Commission Meeting Minutes—05/13/2015 13 that the pledge does not become effective until the prior loan is paid in full, so there will not be a double pledge in that regard. Mrs. Johnson asked, what was the public service funds used for in the 2013-2014 budget? In addition, she said if they are using tax dollars, should the public be involved through a referendum? Attorney Brown said from his understanding there is not a requirement for a referendum for this type of bond issuance. There being no additional persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the above ordinance. There being no further 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 5. 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 WITH RELOCATING THE CITY'S ADMINISTRATIVE FUNCTIONS TO THE Regular Commission Meeting Minutes—05/13/2015 14 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. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to pass the above ordinance. Commissioner Pinder directed the City Clerk to provide him with all budget meeting notes and minutes for 2012, 2013, and 2014. In addition, he directed the City Manager to provide him with all DVD's regarding the budget for 2012, 2013, and 2014. There being no further 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 6. 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 FROM TEN THOUSAND DOLLARS ($10,000.00) TO TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) WITHOUT CITY COMMISSION APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on April 27, 2015). Sponsored by L.S. Mayor Taylor opened the floor for a public hearing. Regular Commission Meeting Minutes—05/13/2015 15 Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida, appeared before the City Commission and said she understands the intent, but she has concerns when Commission approval is not needed. There being no additional persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the above ordinance. Commissioner Kelley said he would like to echo the same concerns he had before about the spending. He heard the comments from his colleagues about the City Manager spending limit, but giving some of the city's challenges anything over $10,000 he would like to know about it before it is spent. In the past with previous City Manager's he have seen where they spend under the cap amount then produce another invoice to accomplish the same goal. He thinks they should leave it at $10,000 at lease for the remainder of the budget. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT APPROVAL OF THE FINAL SITE PLAN FOR ALL FLORIDA LAND CLEANING, INC., A FLORIDA CORPORATION, FOR FINAL SITE PLAN APPROVAL TO CONSTRUCT AN OFFICE AND MAINTENANCE FACILITY AT 3805 NW 132ND STREET, OPA-LOCKA, FLORIDA, DESCRIBED AS FOLION NUMBER 08-2129-010-0090; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to pass the above resolution. 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 Regular Commission Meeting Minutes—05/13/2015 16 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND FLORIDA LAND CLEANING TO OPERATE AN OFFICE, MAINTENANCE FACILITY LOCATED AT 3805 NW 132ND STREET, OPA-LOCKA, FLORIDA, DESCRIBED AS FOLION NUMBER 08-2129-010-0090; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to pass the above resolution. 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 17. CITY MANAGER'S REPORT: Manager Baker reported that a written report have been provided that highlighted the Community Development, Capital Improvement Projects, as well as the Financial Report of the city. In addition, he reported that he will proceed with closing on the Town Center Building at the end of the month. He is putting together a complete plan that outlines the schedule of activities that will lead up to a Ribbon Cutting Ceremony and move in date to the new facility. Some renovation efforts are needed on the fourth Floor and some substantial work he desires to do for the Commission Chambers as well as adjustments on the first floor. The contractor is scheduled to roll out the milling equipment for the Alexandria project. He is pleased to report that the he have 30 employment slots for Historic City Hall and the Burlington Canal project. Mayor Taylor left the meeting at 8:38 p.m. Commissioner Pinder said he gets a visit every 3rd and 4th weekend of the month and they notice trash in the areas and he was asked, do he always have trash in front of his residence. He requested that the City Manager work on something to alleviate the trash frequency in the city. Commissioner Kelley said he asked for a response from the City Manager regarding the trash pickup. He has concerns that a decision was made to do something new to let trash Regular Commission Meeting Minutes—05/13/2015 17 sit out and pick it up on the 4th week. No one should be changing the agreement of a contract unless the City Commission approves it. He directed the City Attorney to look at the agreement and inform him if there is anything in there that the city can recoup anything from them. He is getting tired of people coming to the city and does what they want and doesn't have to adhere to the rules. Commissioner Kelley said Family Dollar had a Grand Opening sign and he was not pleased because one of the things they the promised when they came before the Commission was a Job Fair and to hire local residents. To find out through the City Manager that they had a Job Fair, but it was not in the city. He asked the City Manager, where was the Job Fair held? Manager Baker said the Job Fair took place in Davie, Florida. Commissioner Kelley said he does not care if the doors stay lock until they adhere to what the Commission passed and what they agreed upon. He said he is tired of hearing the rumors, when will the City Manager have a meeting regarding the financial status of the city? Manager Baker said the plan is to schedule one-on-one meetings next week followed by a Special Commission Meeting. Vice Mayor Holmes said staff has been working on information regarding Renter's Insurance and it should be available by the next Commission Meeting. Commissioner Santiago said the city has major problems with the Utility Billing system. Clerk Flores announced that the Mayor & City Commission would like to invite everyone to the City of Opa-locka 89t Birthday Celebration on May 14, 2015 at 6:30 p.m. at Sherbondy Village. 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: Commissioner Kelley reported that he attended the Miami-Dade County League of Cities Board of Directors Meeting. He also met with HOPE Inc. which deals with tenant discrimination to come up with a program for the citizens that is facing challenges. He met with CareerSource to create a citizens job enhancement to help people better themselves. He announced that he is planning a Town Hall Meeting regarding the mini park for the Gardens area. He will be co-hosting the monthly Faith Based Meeting along with Commissioner Santiago and they are planning for a joint venture with Antioch Church. He will also be having a monthly food distribution on Friday at 10:00 a.m. at Sherbondy Village Pavilion. Everyone is invited to the Haitian American Celebration on Regular Commission Meeting Minutes—05/13/2015 18 May 28th at 6:00 p.m. at Sherbondy Village. Movie Night is held on the 1st Friday of each month at Segal Park. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Pinder, seconded by Commissioner Santiago to adjou • .-. meeting at 9:02 p.m. MAYOR ail TEST: 1 % 6 %AY-7" CITY CLERK Regular Commission Meeting Minutes—05/13/2015 19