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HomeMy Public PortalAbout07- July 23, 2014 Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING July 23, 2014 7:00 P.M. City Commission Chambers at Sherbondy Village 215 President Barack Obama (Perviz) Avenue Opa-locks, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:05 p.m. on Wednesday, July 23, 2014 in the City Commission Chambers at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Dorothy Johnson, Commissioner Luis B. Santiago, Commissioner Timothy Holmes, 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. Vice Mayor Joseph L. Kelley 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. 5. APPROVAL OF AGENDA: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Clerk Flores stated that Vice Mayor Joseph L. Kelley will not be in attendance at this evening's Commission Meeting and he has requested to defer agenda items 19-2 and 19- 3 until the July 30, 2014 Special Commission Meeting. The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 19-1 and 19-4 (Commissioner Johnson). It was moved by Commissioner Johnson, seconded by Commissioner Santiago to approve the agenda, consent agenda and pull list. Regular Commission Meeting Minutes—07/23/2014 ] There being no discussion, the motion passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Not Present Commissioner Holmes Yes Mayor Taylor Yes Request to amend the agenda to include the following items: 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PURCHASE ONE FORD TRANSIT CONNECT VEHICLE FROM ARMSTRONG FORD FLEET, FOR INFORMATION TECHNOLOGY DEPARTMENT (IT), IN AN AMOUNT NOT TO EXCEED $30,000, PAYABLE FROM ACCOUNT NUMBER 14-512648, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to amend the agenda to include item 16-1. There being no discussion, the motion to amend the agenda passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Not Present Commissioner Holmes Yes Mayor Taylor Yes 16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING AND APPROVING THE EXPENDITURE OF TWO THOUSAND DOLLARS ($2,000.00) TO SPONSOR THE 13TH ANNUAL "HOLIDAY IN THE CITY TOY GIVE-AWAY" TO BE HELD IN DECEMBER 2014, PAYABLE FROM ACCOUNT NUMBER 79-579402, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to amend the agenda to include item 16-2. There being no discussion, the motion to amend the agenda failed by a 3-1 vote. Commissioner Santiago Yes Commissioner Holmes No Vice Mayor Kelley Not Present Commissioner Johnson Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Regular Commission Meeting Minutes—07/23/2014 2 The Mayor and City Commission recognized Kathy Phillips and Officer Edward Vega as Employee of the Month. In addition, the Mayor and City Commission recognized Tierra Thompson, a native of Opa-locka for publishing her first book titled "The Furthest Thing From Perfect". 8. APPROVAL OF MINUTES: Regular Commission Meeting—07/09/2014 It was moved by Commissioner Johnson, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting of July 09, 2014. There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Vice Mayor Kelley Not Present Commissioner Santiago Yes Mayor Taylor Yes. 9. 24" CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: Senator Oscar Braynon II appeared before the City Commission and presented a check in the amount of$1.3 Million Dollars for the Water & Sewer Infrastructure and renovations of City Hall. Mayor Taylor thanked Senator Braynon for his continued support of the City of Opa- locka. 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Barbara 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 Johnson asked, are there any programs to fix residents roof? Mr. Gardner said to his understanding that program is through the Opa-locka Community Development Corporation. Commissioner Holmes reminded Mr. Gardner that the city is still in need of a bus. Regular Commission Meeting Minutes—07/23/2014 3 Melanie Burke, of Miami-Dade County Commissioner Jean Monestime's Office (District 2) came forward and said she did not have any reports or announcements at this time, but she will be happy to take back any concerns or issues to Commissioner Monestime. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Terence Pinder of 250 Sabur Lane, Miami, Florida, appeared before the City Commission and said he is very excited about the $70 Million Dollars proposed projects. He would like to see some of the money being used for off duty police; at least 3% of the overall should go to the off duty police for the city, 1% incentive for the businesses to give back to the city and at least $100,000 for the Parks & Recreation Department and Education Component. Mr. Pinder said now the city is in budget mode and the past couple of meetings the City Commission talked about companies that the city pay a lot of money to and they don't follow their recommendations. The City has not received their audit report, so he is confused to be sitting in budget hearings. As the city goes through the budget process, Mr. Pinder reminded the City Commission that the city must stay clean, protected, and services stay up to par. 2. Johnnie Greene of 2091 Wilmington Street, Opa-locka, Florida, appeared before the City Commission to support agenda item 19-4. She thanked the City Clerk and her staff for all of their help. Ms. Greene expressed her concerns about the trash. She said the trash is picked up then the next hour the city has piles of trash and she noticed the trash piles are in front of vacant homes. Ms. Greene said the Mayor has spoken about clothes being hung up outside and she would like that to be looked at because it's a disgrace. With regards to clothes being hung up outside, Commissioner Johnson said the city has legislation and staff needs to adhere to it and not pick and choose who gets the warning or citation, it needs to be consistent. 3. Richard Blake, Real Estate Broker appeared before the City Commission on behalf of the owners of the property located at 13620 NW 27th Avenue, Opa-locka, Florida to voice his concerns on agenda item 18-A2. The owners of the property signed a lease with a check cashing company over a year ago, therefore they are requesting an amendment to the legislation to allow the businesses that have already entered into a lease to proceed with opening their business. 4. Tyrell Leggett of 340 Dunad Avenue, Opa-locka, Florida, appeared before the City Commission and said he has been working in the city for a long time and he is very disappointed. During his tenure with the city he has seen it all and the things that is going on is not right. His mom has constantly complained to him about the high water bills. He Regular Commission Meeting Minutes—07/23/2014 4 said he has concerns with the employees being disrespected. He asked the City Commission to respect and recognize the employees. 5. Patricia Ellis of 1146 Dunad Avenue, Opa-locka, Florida, appeared before the City Commission and said someone broke in her car yesterday morning. She further said she is in support of agenda item 19-4. 6. John Cook of 14580 NW 27th Avenue, Opa-locka, Florida, appeared before the City Commission and spoke about term limits. Speaking for approximately 1000 people that are in favor of term limits, they would like to thank the City Commission for the process and he hopes they agree with what they are trying to do. It is not personal towards anyone individual, it's for a change. The previous citizen was correct, the city does not treat their employees well and it's a reflection of the city because you cannot get 100 percent out of them. 7. Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, appeared before the City Commission and said Sharar Avenue is one of the longest avenues in the city and the citizens have to walk in the streets because they don't have sidewalks. In addition, Mr. Barrett said he is in support of agenda item 19-4. Commissioner Santiago said he believes the infrastructure plan includes sidewalks. Manager Baker said yes. Commissioner Johnson requested that the City Manager give an overview of the infrastructure project and schedule Town Hall Meetings to keep the citizens informed of the plan. 8. Dante Starks, appeared before the City Commission and spoke about the city's image and revenue. He said the city's image is being upgraded with the gateway on 27th Avenue and the demolition of the old Kentucky Fried Chicken Building, that will bring in something new and it will bring impact fees to the city. He said the trash situation is causing the city to lose a lot of money because people are bringing their trash into the city and the city has to pay the fee to have the trash picked up. 9. Melissa Mobley of 2070 Lincoln Avenue, Apt. 1, Opa-locka, Florida, appeared before the City Commission and spoke on behalf of the residents in the Magnolia North area. She asked the City Commission to support agenda item 19-1 because the tenants love their apartments but they don't have anywhere to park their vehicles. 15. ACTION ITEMS (items from consent agenda pull list): I. (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND OPA- LOCKA COMMUNITY DEVELOPMENT CORPORATION WITH MAGNOLIA NORTH APARTMENT, LLC FOR THE PROPERTY LOCATED AT 2070 LINCOLN AVENUE, FOLIO 08-2122-003-0570; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Regular Commission Meeting Minutes—07/23/2014 5 The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Commissioner Johnson said she is in support of housing; however she needs clarification of how this dwelling received a permit without adequate parking. Gregory Gay, Planning & Community Development Director appeared before the City Commission and said this was a rehab project and as a part of the rehabilitation the developer at the time decided to acquire some property to the rear in order to provide adequate parking. Through this process the permits were provided for the rehab of the apartments and it must have been an oversight where it was not a process to determine whether the properties to the rear were acquired and made part of the permitting process. They were included in the plans, but the acquisition of the properties did not take place and those properties are still available for purchase. Commissioner Johnson said if she understands correctly, when the plans came before the City Commission it was an adjacent property that went along with the property, is that correct? Manager Baker said that is correct. Commissioner Johnson asked, was it some kind of error that the property was not switched over. Manager Baker said he believes it's an issue with ownership. Mr. Gay directed their attention to exhibit A of the backup documentation. It shows where the Magnolia North Apartment Building is located and the lower portion of exhibit A shows an illustration where the adjacent property is, one is privately owned and the other is owned by Miami-Dade County. Commissioner Johnson said the City Commission just received this information, she asked who provided it? Manager Baker said it should have been included in the agenda but when staff learned it was not in the agenda they made it available to the City Commission this evening. Commissioner Johnson said she is not in favor of giving away land, she is tired of giving away the city's property. She asked the City Attorney for a better understanding of exhibit A. Attorney Geller said exhibit A only shows property, but the Memorandum of Understanding is not for the city to donate land, it's for the city to assist in making some parking facilities available and it is his understanding that it's for a one year period. Regular Commission Meeting Minutes—07/23/2014 Commissioner Johnson said the two parcels of land they are inquiring are owned by the city. Mr. Gay said there are three parcels available; one parcel is privately owned and the other two parcels are owned by Miami-Dade County. Commissioner Johnson asked, how can the Commission give approval for them to utilize the parcels if they are not owned by the city? Mr. Gay said the Memorandum of Understanding allows the developers a time period of one year to acquire the property and produce parking for the residents. Attorney Geller said the city is not telling them they can utilize the property, they are simply telling them that they are going to allow them to receive their Certificate of Occupancy and have temporary parking for one year. Commissioner Johnson said it sounds like they are asking the Commission to allow no one in that area to be ticketed for parking. Attorney Geller said people can still be ticketed if they are parking improperly, but they are allowing the Certificate of Occupancy without the required parking. Note: This portion of the minutes is transcribed in verbatim form. Commissioner Johnson: To the City Attorney in your opinion, do you see this setting precedence? Attorney Geller: I don't see because I think the circumstances are unique. If we were allowing somebody to proceed forward without having any arrangements that might set precedence but in this case satisfactory arrangements had been presented to the city and the city had approved them. Because of some circumstances apparently beyond their control while they were going ahead with the rehabilitation of those structures, things occurred which prevented them from getting the original intended parking. We are not going to relieve them of the burden, but since they did make a satisfactory showing initially, in my opinion it wouldn't set precedence. I certainly would not advise the department that it should approve anyone in the future that doesn't have satisfactory parking arrangements but things does occur sometimes and it seems in this case those parking arrangements were not able to be realized and what we are doing is allowing them to substitute it and giving them a time limit,for that reason I would not think that it grants any kind of precedence to allow....other people still have to come forward and present satisfactory parking arrangements. Note: This concludes the verbatim portion of these minutes. Commissioner Johnson said to the City Manager that she think this sets a bad precedence. She doesn't see how you can have an agreement and there's no legislation to support what has been put on the record. She requested that the City Manager provide her with a copy of the entire plan by tomorrow. Regular Commission Meeting Minutes—07/23/2014 7 She said she will support the legislation for the residents so it can enhance the quality of life for them. Commissioner Johnson said the developer should not be asking the city for parking, the city has given a lot of land away for growth and she doesn't see any of it coming back on the tax roll. This is not good business. Dr. Willie Logan of 490 Opa-locka Boulevard, Opa-locka, FL 33054 appeared before the City Commission and gave history on the property. The City Commission passed legislation two years ago to do a land swap between the City of Opa-locka and Habitat, the Opa-locka CDC agreed to pay for the property that the City of Opa-locka will be swapping and as you know Habitat pulled out. Habitat owned about 25 lots in the Magnolia North area to build single family homes, three of those lots Habitat agreed to allow the Opa-locka CDC to purchase the properties and deed them to the City of Opa- locka for the purpose of them building a parking lot for the residents at 2060-2070 Lincoln Avenue. Decades ago the city allowed all of the apartments in that area to be built without adequate parking, so as an organization when they decided to rehab those buildings they understood that there was not adequate parking and that they would have to identify lots in that area in order to build adequate parking which is why they then went to Commissioner Jordan and she agreed to do the land swap. When Habitat pulled out the property was deeded back to the county, since then the county has made the property available to the Miami Dade Housing Corporation. The Opa-locka CDC has done the appraisal on the property and all the requirements the county asked them to do, now they are waiting on HUD because the property use to be public housing and the property was deeded to the county by HUD. He said they are committed to the City of Opa-locka and he is doing everything in his power to build permanent parking for the residents at the Magnolia North Apartments. Commissioner Santiago asked, how will this help the City of Opa-locka and what does the city have to do with property that is owned by Miami-Dade County? Attorney Geller said the city has nothing to do with those properties, they are not owned by the city. The Opa-locka CDC is in the process of getting the properties from the county, but for now there is a need for parking that's why they are asking the city to approve the Memorandum of Understanding to give them additional time to finish their deal and build a parking lot. Mr. Logan said on yesterday he signed a check in the amount of $47,000 for permitting fees for the property located at 2145, they have spent hundreds of thousands of dollars over the past years with development in the Magnolia North area. They are bringing revenue to the city and bringing new residents to the City of Opa-locka. Note: This portion of the minutes is transcribed in verbatim form. Commissioner Johnson: I am going to support it under duress. I heard you mention the amount of money you pay for fees, but that goes with the process and that's nothing anyone will be excused from doing. I think the city have been very fair to the Opa-locka CDC in my tenure, in my tenure I can only speak for my tenure. So with a reasonable Regular Commission Meeting Minutes—07/23/2014 8 doubt I want us to be fair with each other to say yes you are providing adequate residential for individuals, but on record we are the capital for low rentals so we don't have tax coming back on the roll, we have to get some home ownership up in here that we can really see some taxes paid. Although I do from the bottom of my heart appreciate, I don't have any personal relationship with the CDC, I'm only speaking from my lens and you know I was 120% supportive when we first rolled out the 20120 and I've sense now have learned a lot of things so moving forward I have to make sure I can live with it. Note: This concludes the verbatim portion of these minutes. Commissioner Holmes said at the beginning of this project he was very excited, but his only concern is that they are moving too slow, but Dr. Logan has done a good job in that area. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Not Present Commissioner Johnson Yes Mayor Taylor Yes 2. (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO WITHHOLD ANY APPROVALS OF THE PROPOSED TOWN CENTER PHASE 2 PROJECT UNTIL FURTHER ACTION BY THE CITY COMMISSION PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. In the absence of Vice Mayor Kelley, Clerk Flores deferred agenda item 19-2. 3. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE PROCESS OF ADOPTING THE REVISIONS TO THE FIVE (5) YEAR STRATEGIC PLAN IN TANDEM WITH ADOPTION OF THE BUDGET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. In the absence of Vice Mayor Kelley, Clerk Flores deferred agenda item 19-3. 4. (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING ARTICLE II OF THE CHARTER OF THE CITY OF OPA-LOCKA, FLORIDA, BY LIMITING THE TERMS OF OFFICE FOR THE MAYOR AND COMMISSION TO EIGHT (8) CONSECUTIVE YEARS TO BE EFFECTIVE RETROACTIVELY; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, FOR THE PURPOSE OF SUBMITTING SAID CHARTER AMENDMENT TO THE ELECTORATE AT SAID REFERENDUM; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF Regular Commission Meeting Minutes—07/23/2014 9 THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson thanked the citizens for doing an outstanding job and to the Mayor she thanked her for championing term limits. She said if the legislation does not pass it can go through litigation and most courts will agree with the voters. She does feel after 8 years all of them need to train someone to have fresh ideas. Commissioner Holmes said his comments will be presented at a later date. There being no further discussion, the motion passed by a 3-1 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Not Present Commissioner Holmes No Mayor Taylor Yes 16. NEW ITEMS: 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PURCHASE ONE FORD TRANSIT CONNECT VEHICLE FROM ARMSTRONG FORD FLEET, FOR INFORMATION TECHNOLOGY DEPARTMENT (IT), IN AN AMOUNT NOT TO EXCEED $30,000, PAYABLE FROM ACCOUNT NUMBER 14-512648, 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 Johnson, seconded by Commissioner Santiago to pass the resolution. Commissioner Santiago said he does not have a problem with purchasing the vehicle for the department; however he would like the City Manager to search other dealers before making the purchase. Commissioner Johnson asked, did they piggyback on any other vehicle purchases? Manager Baker said they got quotes from several dealers, however under the state contract there is a waiting period before you can get the vehicle because most of them are Regular Commission Meeting Minutes-07/23/2014 10 manufactured after the order comes in so they looked at the local dealerships and received 3-4 quotes. There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Commissioner Santiago Yes Vice Mayor Kelley Not Present Commissioner Johnson Yes Mayor Taylor Yes Commissioner Holmes said agenda item 16-2 can be reconsidered if his concerns are addressed. Commissioner Johnson said as the sponsor she will defer the item until the Special Commission Meeting. Attorney Geller said Commissioner Holmes was on the prevailing side so he can make a motion for reconsideration. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to reconsider agenda item 16-2. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Not Present Commissioner Johnson Yes Mayor Taylor Yes Attorney Geller informed the City Commission that they need to take a vote to add the item to the agenda. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to amend the agenda to add item 16-2. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Not Present Commissioner Holmes Yes Mayor Taylor Yes 16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING AND APPROVING THE EXPENDITURE OF TWO THOUSAND DOLLARS ($2,000.00) TO SPONSOR THE 13TH ANNUAL "HOLIDAY IN THE CITY TOY GIVE-AWAY" TO BE HELD IN DECEMBER 2014, Regular Commission Meeting Minutes—07/23/2014 11 PAYABLE FROM ACCOUNT NUMBER 79-579402, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass the resolution. Commissioner Holmes asked are these funds budgeted? Commissioner Johnson said normally each year it's her understanding that they have $5,000 each to spend for special events and for the past four years she have asked for additional funds not including what she raise. This will allow more time for planning. Commissioner Holmes said if $2,000 can be included in the budget for the annual toy giveaway and he always raise $8,000-$10,000 for bicycles and gift cards he would like a resolution to allow $2,000 for his annual bicycle giveaway. Commissioner Johnson said she will co-sponsor that legislation and out of her personal money she will help Commissioner Holmes because it's all about the kids. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Holmes Yes Vice Mayor Kelley Not Present Commissioner Santiago Yes Mayor Taylor Yes 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AMEND ORDINANCE 86-8, THE LAND DEVELOPMENT CODE, BY AMENDING THE MIXED USE OVERLAY DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Geller. Regular Commission Meeting Minutes—07/23/2014 12 It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Not Present Commissioner Johnson Yes Mayor Taylor Yes 2. AN AMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO IMPOSE A MORATORIUM ON NEW CHECK CASHING, PAY DAY ESTABLISHMENTS CITYWIDE FOR UP TO A YEAR; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above ordinance was read by title by Attorney Geller. Attorney Geller said although this is first reading, since it is an emergency ordinance it will be adopted on first reading if passed. Mayor Taylor opened the floor for a public hearing. Barbara Daniel of 13620 NW 27th Avenue, Opa-locka, Florida, appeared before the City Commission and stated that she has a lease with a company that is willing to come in and build a brand new building. They have already gone through the process with Community Development and it has been approved. If this legislation is passed it will stop their process. She requested that they be excluded from the ordinance. There being no additional persons to speak on the public hearing, the public hearing was closed. Commissioner Johnson said she has some institutional knowledge that the owners have good intent of what they want to build on the property. She is not a guru for payday loans, but they have spent a lot of money and have been good stewards of the City of Opa-locka, therefore she is requesting an amendment for them to be excluded. For the record, Commissioner Johnson said she has no personal ties to the business owners. Mayor Taylor said she has nothing against the owners, but she does have a concern about check cashing facilities because they seem to be growing in certain communities and they are predator lenders. She does not see having a check cashing business next to the city's Gateway. Regular Commission Meeting Minutes—07/23/2014 13 Commissioner Johnson said she is on the Ray's Florida Network not to allow any more payday lenders in the State of Florida; however, she does understand the financial need of the business owner because they have invested a lot of money thus far. She said the legislation reads one year or less, to her less can mean any time frame less than a year. Attorney Geller said the City Commission can come back at any point as long as it does not exceed a year. Commissioner Johnson asked the owners are there any other alternatives for the site? Ms. Daniel said she have tried other alternatives over the years. Commissioner Santiago said he echoes the comments made by Commissioner Johnson. In addition, for many years he have seen that area looking bad because the city stop people from coming in to beautify the area. He said he does not see anything wrong with the payday loan company; the city has a loan program for its employees. Mayor Taylor said she knows the value of money, but she also knows that this city has been overwhelmed with spot businesses. The city is not that desperate for taxable money that they will place businesses in places that does not go along with the Comprehensive Master Plan. She asked the City Manager is there another way to compromise with this business? Manager Baker said he will have to meet with the property owners. Commissioner Johnson said the City Commission has a vision, but she doesn't think staff knows the vision because if they know the master design they will not be discussing this at this point. Commissioner Holmes said he is not in support of a Check Cashing store at that location and he cannot support the legislation at this time. It was moved by Commissioner Johnson, seconded by Commissioner Santiago to pass the above ordinance. There being no further discussion, the motion failed by a 2-2 vote. Commissioner Holmes Yes Commissioner Johnson No Vice Mayor Kelley Not Present Commissioner Santiago No Mayor Taylor Yes 3. AN AMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO IMPOSE A MORATORIUM ON NEW LIQUOR ESTABLISHMENTS CITYWIDE FOR UP TO A YEAR; PROVIDING FOR Regular Commission Meeting Minutes—07/23/2014 14 INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Commissioner Santiago to pass the above ordinance. Mayor Taylor opened the floor for a public hearing. Sandra Collado of 301 Bahman Avenue, Opa-locka, Florida, appeared before the City Commission and thanked the City Commission for what they are doing in the city. There being no additional persons to speak on the public hearing, the public hearing was closed. There being no discussion, the motion passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Not Present Commissioner Holmes Yes Mayor Taylor Yes B. SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY STORMWATER UTILITY FOR SHARED STORMWATER MANAGEMENT FOR A PERIOD OF FIVE YEARS, COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2019, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND NO CENTS ($346,322.00) ANNUALLY, PAYABLE FROM ACCOUNT 43-538340, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on June 25, 2014). Sponsored by C.M. The above ordinance was read by title by Attorney Geller. 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 Johnson, seconded by Commissioner Santiago to pass the above ordinance. Regular Commission Meeting Minutes—07/23/2014 15 There being no discussion, the motion passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Not Present Commissioner Holmes Yes Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: A. CITY MANAGER'S REPORT: Manager Baker reported that the third quarter financials are complete and they are available for one-on-one meetings with the City Commission and while they are meeting he would like to go over the proposed budget. He made plans to put a small cashier office at City Hall and is hoping to have the office open within the next week to address some of the concerns they have been receiving from the customers. Staff is continuing to provide all the employees with Customer Service Training and they will continue that effort to assure everyone is trained to better assist customers. In terms of the infrastructure project, Manager Baker said a meeting is scheduled in Tallahassee on August 15th where the city will get its first draw of the funds and once that is in place they will be in a position to go before the City Commission for approval to advertise. Commissioner Santiago thanked the City Manager for the job he is doing. He requested that the City Manager fast forward the infrastructure project because they are in the raining season. Manager Baker said a few months ago he attempted to get some type of approval so once the state approves the funding he can immediately go out and get bids in on the project, but he was not successful at granting that. Once he gets the approval in August he will have to wait until the first meeting in September to get approval from the City Commission. Commissioner Johnson said if the City Manager calls for a Special Commission Meeting she will make herself available. She said she does not know the status of the Code Enforcement Training, but she does feel that everyone needs to be trained and certified. She said when there are constant complaints about the water bill she think staff needs to implement a check list. She notices a lot of sidewalks are being repaired, but a Town Hall Meeting is needed to make the citizens aware of what's taking place. Regular Commission Meeting Minutes—07/23/2014 16 Commissioner Johnson requested the status of the employee pay schedule. Manager Baker said the study is about 90% complete and the hope is to have it finalized before the end of the month. Commissioner Johnson said when employees don't receive an increase in five years it reduces employee morale. Mayor Taylor said this upcoming year she want raises for Public Works. Commissioner Holmes said it's nothing wrong with the Public Works employees' getting a raise,but all the employees have to get a raise. B. ACCOUNTS PAYABLE: Susan Gooding-Liburd, Finance Director came forward and stated that all documents required for her report are part of the package provided to the Commission. The reserve balance remains at $244,447.86 and the audit report will be ready to be presented at the first meeting in September. The third quarter financials are ready and she is now requesting one-on-one meetings with the City Commission for review. Commissioner Johnson asked if it possible for them to repay the reserve so the balance can be $500,000.00. Mrs. Liburd said if they go the direction the consultant advised them, the reserve will increase. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller said he submitted his report in writing; however, he will answer any concerns the City Commission has. Commissioner Santiago said he have been trying to contact the City Attorney and can never get in contact with him. Commissioner Johnson requested legislation for off duty police officers and if the Police Commissioner cares to join in he can be a co-sponsor of the legislation. 22. CITY CLERK'S REPORT: Clerk Flores said on behalf Vice Mayor Kelley in his absence she would like to extend an invitation to the residents of our great city to attend a Town Hall Meeting on Monday, August 4, 2014 at 6:00 p.m. at the Gardens Apartments to discuss the process of developing a park or green space project for the Nile Gardens area. Regular Commission Meeting Minutes—07/23/2014 17 In addition, the City of Opa-locka will have its General Election on November 4`n and the qualifying period will begin for all candidates interested in running for the office of Mayor or City Commission on August 4`n at 9:00 a.m. and close on August 15`n at 12:00 p.m. Commissioner Johnson said agenda item 19-4 read Special Election and it should read General Election. Clerk Flores said the city has a General Election for the office of Mayor and City Commission, but this is considered a Special Election because it's a charter amendment. Commissioner Johnson asked the City Clerk did she contact the Miami-Dade County Elections Department to have a representative available for voter registration at the Mother's Influencing Change event? Clerk Flores said she did contact them and they will be in attendance, but she was informed that they will not be able to do registration on that date. Commissioner Santiago thanked the City Clerk's Office for assisting the City Commission with their events. Commissioner Holmes asked the City Clerk do the City of Opa-locka have anything on the ballot for the August election? Clerk Flores replied, no. Commissioner Holmes asked will the city polling places be open for the August election. Clerk Flores said yes, early voting will be on August 11-August 24 at various locations throughout Miami-Dade County and Opa-locka precincts will be open on Election Day. Commissioner Holmes asked why will Opa-locka precincts be open if they don't have anything on the ballot? Clerk Flores said it is a county wide election and Opa-locka residents can vote for the various candidates on the ballot. She further said the Miami-Dade County primary election will be held on August 26`n from 7:00 a.m. —7:00 p.m. and early voting will be held on August 11`n—August 24`n 23. MAYOR/COMMISSION REPORT: Commissioner Johnson invited everyone to join her at the Mother's Influencing Change event on July 26`n. In addition she said at the last meeting she was concerned about some of the comments that were made and she resigned from the Educational Compact, since that time she has rescinded her decision. She reported that she has been selected by the Department of Children & Families to be their Chaplain. Regular Commission Meeting Minutes—07/23/2014 18 Mayor Taylor reported that she will be co-sponsoring a Book Bag Giveaway with Parks & Recreation on August 16tH She further said she does recall the Commissioner Johnson resigning as the liaison of the Educational Compact. She did not want it to die that's why she informed Commissioner Johnson that she will take on that task, but she see now that Commissioner Johnson will continue the duties. Mayor Taylor said 22nd Avenue is the main corridor and she wants staff to work with the apartment owners to make the area clean. 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Johnson, seconded by Commissioner Santiago to adjourn the meeting at 9:54 p.m. MA OR TTEST: CITY CLERK Regular Commission Meeting Minutes—07/23/2014 19