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HomeMy Public PortalAbout10-Oct 08, 2014 RCM MinutesCITY OF OPA -LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING October 8, 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 7:00 p.m. on Wednesday, October 8, 2014 in the Auditorium 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, Vice Mayor Joseph L. Kelley, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., Assistant City Attorney John Dellagloria, and City Clerk Joanna Flores. City Attorney Joseph S. Geller arrived at 8:00 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. APPROVAL OF AGENDA: 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: 19 -1, 19 -2, 19 -3, 19 -4 and 19 -5 (Commissioner Johnson). It was moved by Commissioner Holmes, seconded by Commissioner Johnson to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Regular Commission Meeting Minutes — 10/08/2014 1 Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS /ACKNOWLEDGEMENTS: Commissioner Santiago along with the City Commission recognized the City of Opa- locka Office of the City Clerk for their hard work, dedication, and professionalism. Chief Jeffrey Key introduced Major James Dobson who comes to the city with much experience. Major Dobson thanked the administration for the opportunity to be part of the City of Opa- locka. 8. APPROVAL OF MINUTES: First Budget Hearing — 09/10/2014 It was moved by Commissioner Holmes, seconded by Commissioner Johnson to approve the minutes of the First Budget Hearing of September 10, 2014. There being no discussion, the motion passed by a 5 -0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes Second Budget Hearing — 09/24/2014 It was moved by Commissioner Holmes, seconded by Commissioner Santiago to approve the minutes of the Second Budget Hearing of September 24, 2014. Note: This portion of the minutes is transcribed in verbatim form. Commissioner Johnson: To the Manager, it was my understanding that twelve temporary employees.... Has that been taken care of? Manager Baker: Yes. Commissioner Johnson: Would you know the amount of money of savings for that? Manager Baker: I have it, but I don't have it with me. Commissioner Johnson: I'm assuming the twelve employees are not on the payroll as of October 1, 2014 at 8:00 a.m. Regular Commission Meeting Minutes — 10/08/2014 2 Note: This concludes the verbatim portion of these minutes. There being no further discussion, the motion passed by a 5 -0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting — 09/24/2014 It was moved by Commissioner Holmes, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting of September 24, 2014. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 9. 24`h CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: 13. MIAMI -DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Melonie 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 glad to take back any concerns or issues to Commissioner Monestime. 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Dante Starks, appeared before the City Commission and said he is in agreement with agenda items 19 -1, 19 -2, 19 -3, and 19 -5, however, he has concerns regarding item 19 -4. There are several events that are near and dear to the community. He asked, if a commissioner raise funds for an event will this legislation preclude them from having the event. He further mentioned that he submitted a Public Records Request on last week regarding the city's budget and he requested that the City Clerk distribute a copy to the City Commission. In addition, during the budget hearing Vice Mayor Kelley asked can Regular Commission Meeting Minutes — 10/08/2014 3 the insurance in the City Attorney's budget be reduced by $100,000 and he was told no, because that money was specifically for the payment of the insurance, however, the documents that he received is different. 2. Eric Redmon of 2766 NW 131" Street, Opa- locka, Florida, appeared before the City Commission and announced that Villa Francine is endorsing Mayor Myra Taylor, Commissioner Timothy Holmes, and Candidate Terence Pinder. He further said there seems to be literature going around indicating that a certain member of the dais has served as Vice Mayor for 2002 -2012. He moved to the city in 2005 and from his understanding Vice Mayor Kelley was the Mayor and Mayor Taylor was the Vice Mayor so he assumes the flyer has a typographical error. Commissioner Johnson said after hearing the remarks she would like to address the Commission. To the attorney, she is under the impression that channel 77 is a public channel and no campaign interest can be promoted on that channel. She asked the City Attorney, do he have any understanding of what the Florida Statutes reads? Attorney Dellagloria said public funds can be expended to explain things such as ballot questions, but public funds cannot not be expended to promote any particular individual or any way you want voters to vote. Commissioner Johnson said she is assuming the spokesperson from any facility has power of attorney to publically promote information. In addition, according to the voting records, the candidate mentioned was the first consecutive Vice Mayor for two years. 3. Mark Moritz of 2337 NW 149th Street, Opa- locka, Florida, appeared before the City Commission and said the presentation to the City Clerk's Office was very nice. He had an opportunity to speak to the Clerk's Office today and it was a very good experience. He further said he owns a property in the City of Opa -locka that he made improvements to and he is here for the long term, but lately he feels like the city is failing him in trying to improve the property values in the industrial area. Another business came in the area a year ago and he followed protocol to work with the City Manager, Assistant City Manager, Code Enforcement, hiring an attorney to meet with the City Manager, and sending emails to the City Commission and not only has nothing happened, but the situation has become worse to the point that tenants are moving out. Commissioner Santiago previously praised the City Clerk's Office; unfortunately, he would say the opposite is happening with the other offices. The city's infrastructure is being destroyed, a new lift station was built, but it's hard to have a new lift station when the drainage is going to be full of garbage. He made his comments known at the first public hearing when the company moved in without the proper permits. 4. Alvin Burke of 1240 Jann Avenue, Opa- locka, Florida, appeared before the City Commission and said he heard the complaints made by the business owner regarding 149th Street. The business owner is making complaints about other businesses, but he failed to mention that he has the street blocked with boats, not to mention he does not hire residents of the city. 5. John Cook of 14580 NW 27th Avenue, Opa- locks, Florida, appeared before the City Commission and said he did not know the forum was set up to allow business owners to Regular Commission Meeting Minutes — 10/08/2014 4 get blasted by someone from the city and for the record Code Enforcement is not doing their job. He further spoke about term limits and the opportunity for the citizens to make a difference in the upcoming election. 6. Dorothy Johnson of 13724 NW 22nd Place, Opa- locka, Florida, appeared before the City Commission. Commissioner Holmes asked the City Attorney is it legal for a Commissioner to leave the dais and speak under citizen's forum? Attorney Dellagloria said the Commissioner is fully entitled to come forward and speak during citizen's forum. Mrs. Johnson said as a tax payer of the City of Opa -locka since April 12, 1978 she would like to exercise her rights. She is very concerned and she hopes her concerns will be addressed. She would like the candidates to know that citizens are taking photos which will strongly support any complaints that are filed. Although the candidates may not be doing anything wrong, but their workers are and the law states if anyone is connected to the candidate then the candidate will be at fault. Last election the city promoted the charter change and she does not see that occurring this time for term limits, the city has to do a better job educating the citizens about term limits. In addition, she requested that the City Commission explain the amendment to the citizens through an educational session. 15. ACTION ITEMS (items from consent agenda pull list): 1. (19 -1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSAL (RFP) TO QUALIFIED DESING BUILD CONTRACTORS FOR CAIRO LANE AND NW 127TH STREET ROADWAY DRAINAGE, DRINKING WATER, AND SANITARY SEWER SYSTEM IMPROVEMENTS, PAYABLE FROM ACCOUNT NUMBER 35- 535315; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Dellagloria. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson asked, where can she find the amount in the proposed FY 2014- 2015 budget? Manager Baker said this is part of the State Revolving Loan program and he is not asking to spend any of the money, he is asking for approval to solicit proposals for the project. If the legislation is approved it will be forwarded to Tallahassee and they will give the city the final approval for advertising. Commissioner Johnson said if she understands correctly, the State will give a bottom line figure for the project. It is her understanding from the State that there is a letter dated Regular Commission Meeting Minutes — 10/08/2014 5 February 2014 which was sent with the application and it guaranteed that the sewer money will be increased for 10 years. Manager Baker said it is a design build project, when the number comes back staff will deal with it, but if it's out of range then they will address it. There are stringent requirements as to the steps the city must follow to meet the criteria outline. Commissioner Johnson said she has concerns regarding what was mentioned by the City Manager. Commissioner Holmes said if the City Commission would have approved the legislation for the Water & Sewer a month ago, they would have the money by now. Commissioner Santiago said he knows the importance of infrastructure in the city, but he would like to know if they are doing everything properly. Manager Baker said he is trying to move as fast as the City Commission allows him to move. Vice Mayor Kelley said the entire City Commission want to see the project go forward, but the concern he has is in the past staff projections is totally different from what comes back. Something is wrong with the structure and that's internal. Mayor Taylor said there has been a lot of discussion about the money and the state will start to think the city does not want it. There being no further discussion, the motion passed by a 5 -0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 2. (19 -2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) TO QUALIFIED CONTRACTING FIRMS TO PERFORM A DRINKING WATER SYSTEM LEAK DETECTION STUDY FOR THE CITY OF OPA- LOCKA, AS REQUIRED BY THE MIAMI -DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES/ENVIRONMENTAL RESOURCE MANAGEMENT, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND THE STATE OF FLORIDA DRINKING WATER REVOLVING FUND, PAYABLE FROM ACCOUNT NUMBER 64- 5336310, 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 Dellagloria. Regular Commission Meeting Minutes — 10/08/2014 6 It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson asked, what is the budgeted amount of the project? She will continue to ask the amount because a few weeks ago the city was in the black then they were informed they were in the red. Note: This portion of the minutes is transcribed in verbatim form. Manager Baker: This is a RFP Madam; I could not tell you what the actual budget amount is because we are not certain. Usually these studies run roughly $50,000, but this is a federally mandated requirement that we must do. It is required. Commissioner Johnson: Mr. Manager I appreciate all that you are telling me, but since it is a budgeted item. This is my question... what is the amount in the budgeted for to go out. Manager Baker: Again, I don't have the budget here Madam. These leak detection studies run about $50,000. Mayor Taylor: How much have you put on the line item for this, you said it's a budgeted item, so if it is you have budgeted a certain amount of money for the study, so what we are asking is, how much have you put on that line for this study? Manager Baker: I will have to review the budget; I don't recall the actual amount. Commissioner Johnson: I will put it in my report, but 1 think this is what has happened over the years and Madam Mayor we have to ... we have to. There are no other cities that do this. Commissioner Santiago: If this is a budgeted item, why we don't have the exact amount of what we are going to spend? Manager Baker: 1 clearly understand the question Commissioner, however this is just going out to advertise and get pricing. This recommendation is not to spend any money at this point. Note: This concludes the verbatim portion of these minutes. There being no further discussion, the motion passed by a 5 -0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes 3. (19 -3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO ALLOW THE OPA -LOCKA COMMUNITY DEVELOPMENT CORP. TO HAVE A PAINTING OF A MURAL INSTALLED ON A Regular Commission Meeting Minutes — 10/08/2014 7 TEMPORARY BASIS ON A BUILDING IN CONNECTION WITH ART EXHIBITION MONTH; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Dellagloria. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Commissioner Johnson said this resolution will impact the proposed signage legislation. She does not want the mural to be on the building longer than the event, therefore she wants to include a suspense date in the resolution. She asked does the City Manager recall it being mentioned that this would go against the city's policy? Manager Baker replied, yes. Commissioner Johnson said she met with the City Manager and the Vice President of the Opa -locks Community Development Corporation and she does not know why no one didn't think to include a suspense date. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to include "not to exceed 30 days in connection with Art Exhibition Month" in section 2 of the legislation. Mayor Taylor asked the City Clerk do the minutes reflect the start date of the event? Clerk Flores directed the City Commission to page 5 of the Regular Commission Meeting Minutes; it reads that the event is scheduled to take place on November 12- December 13. There being no further discussion, the amendment passed by a 5 -0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 5 -0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Mayor Taylor requested that the record reflects that City Attorney Geller has arrived. 4. (19 -4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA TO LIMIT SPONSORED OR HOSTED EVENTS TO ONE Regular Commission Meeting Minutes — 10/08/2014 8 (1) PER YEAR, PER COMMISSIONER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M. T. and T.H. The above resolution was read by title by Attorney Dellagloria. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the resolution. Commissioner Santiago asked, if the legislation passes does that mean the city will have one event for the year? He said if he raises more than 95% of the money, why he cannot have an event? Mayor Taylor said each commissioner will have one event. Commissioner Santiago asked, does that mean the Mayor will only be allowed to have the State of the City? Mayor Taylor said the State of the City is a budgeted event. Commissioner Santiago said it is considered an event and it cost money to the city. Mayor Taylor said the City Commission is free to raise funds for their event, but they need to realize that they never cover the entire cost because they don't take into consideration the staff that works during the events. Commissioner Santiago said the city hired a company to plan a signature event and it has already cost the city $45,000. Vice Mayor Kelley said he cannot support the resolution in its current form because he does not think it is spelled out correctly. He has challenges with the term events because he does a lot that benefits the citizens. He has brought it out to the City Manager on numerous occasions, when the city has certain things they should not allow the higher paid employees to work. Many times he has requested for part time employees to work at his events or salary staff. Commissioner Johnson provided the City Clerk with a document and requested that she read it into the record. Clerk Flores: This is an email from Ms. Lawson to Mr. Baker dated Tuesday, September 30, 2014 and it reads Good Morning Mr. Baker as per the discussion from last night's Recessed Budget Hearing relating to Cost of City Events in the amount of $170,474, Commissioner Johnson is requesting a copy of receipts, invoices, contributions received (including a copy of the checks and receipts acknowledging the donations) for each event. In addition, she would like to meet with Mr. Baker, Ms. Douglas, and Mrs. Liburd on Monday, October 6, 2014 at 10:00 a.m. in her office (please confirm meeting). The information being requested should be delivered to the City Clerk's Office not later than Friday, October 3, 2014 by 3:00 p.m. Regular Commission Meeting Minutes — 10/08/2014 9 Commissioner Johnson said she received this information yesterday so she assumes the dates were mixed up. When she look at the cost of city events, she find it hard when she see check requests without a receipt. In addition, it appears that bus services were used and cost the city $1,800 when the city has Opa Express. She is unclear why Bingo would have movie receipts attached and they never show movies during bingo. The contributions received were not included in the information she requested, so for the record she requested a copy of all the money received for events along with a copy of the receipt acknowledging donations. Commissioner Santiago said two years ago when he was campaigning one of the Senior Citizens asked him to do something for them because they don't have any planned activities in the City of Opa- locka, so his idea was to create Bingo. He is still waiting on the equipment for the gymnasium that was previously approved. Commissioner Holmes said it's sad that they cannot move the city forward. They need to focus on what's right for the community. He further said at the last Commission Meeting when the Mayor requested this resolution he informed the City Attorney that he did not want to be a co- sponsor. In addition, he raises money for his events and it doesn't cost the city a lot of money. The money for Bingo is costing the city a lot of money and the Parks & Recreation Department cannot do what they need to do. Mayor Taylor said she asked the City Commission to agree to have one event between October I" and September 30`h. The Commission events are not self- sponsored, the money comes from the general fund, is that correct Mr. Manager? Manager Baker replied, yes. Commissioner Johnson asked the City Attorney, is he the parliamentarian? Attorney Dellagloria replied, yes. Commissioner Johnson said she has never seen any other place that allows discussion then they decide to defer the item. Attorney Geller said once an item is deferred there should not be any further discussion. Commissioner Johnson said Tallahassee watch the meetings and to be honest they are not waiting on the city to send the documents, they are watching the meetings. Commissioner Santiago asked, will the resolution last for a year? Mayor Taylor replied, yes. Commissioner Santiago said they cannot defer the resolution because they have already taken discussion on the item. Mayor Taylor said that is not what the City Attorney said. The sponsor has the right to defer an item if they feel the item is not ready to move to the next step. Regular Commission Meeting Minutes — 10/08/2014 10 Commissioner Santiago asked, if the legislation passes, will it help the city's budget? Manager Baker said it should. Commissioner Santiago said he does not want the bingo to stop so he would like to use his $5,000 for bingo and if he wants to have another event he will raise the funds. Mayor Taylor deferred agenda item 19 -4. Attorney Geller said he wants to be clear because in the past when the sponsor request to defer their legislation it has never been an objection. 5. (19 -5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA TO FREEZE THE SALARY OF ALL THE DEPARTMENT HEADS EMPLOYED WITH THE CITY OF OPA -LOCKA FOR A PERIOD OF SIX (6) MONTHS, FOR THE PERIOD BEGINNING OCTOBER 2014 THROUGH MARCH 2015; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. The above resolution was read by title by Attorney Dellagloria. It was moved by Commissioner Johnson, seconded by Commissioner Santiago to pass the resolution. Commissioner Johnson said she thinks the department directors have comfortable salaries and within six months if the City Manager sees a need for them to get an increase he can note it to the City Commission. On several occasions she asked the City Manager to bring back the proposal for them to look at giving non classified employees an increase. Vice Mayor Kelley said he tend not to freeze salaries this early in the budget, but in the last few years he has seen people get raises on the top end of the scale. He does not get into day to day operations, but he assumes the City Attorney has signed off as legal sufficiency. Commissioner Holmes said the city has to find ways to bring revenue into the city. You cannot freeze some salaries then give others an increase because it's against the law. Mayor Taylor said they currently have legislation to freeze everyone salary, now this resolution is to freeze the salary for department directors only for six months. To the sponsor, are you giving the City Manager permission to increase the salary of those that are not department directors? Commissioner Johnson said it is her understanding that the AFSCME employees are covered by an agreement so they will not be impacted by this language. Mayor Taylor asked the City Manager, how many department directors does he have? Manager Baker said there are about 7 -8 department directors. Regular Commission Meeting Minutes — 10/08/2014 11 To the sponsor, Mayor Taylor asked, are you saying for the six month period department director's salary will be frozen, but what happens to the other employees. Commissioner Johnson said the other employees will not be impacted. Commissioner Santiago said he echoes the same comments made by Commissioner Holmes. There being no further discussion, the resolution failed by a 3 -2 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago No Commissioner Holmes No Mayor Taylor No 16. NEW ITEMS: 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: B. SECOND READING ORDINANCES/PUBLIC HEARING: 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 (first reading held on July 23, 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 Holmes, seconded by Commissioner Johnson to pass the above ordinance. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Regular Commission Meeting Minutes — 10/08/2014 12 Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ARTICLE VIII OF THE CODE OF ORDINANCE BY ADDING AND DELETIONS, TO REMOVE PEDDLERS AND REPLACE WITH STREET VENDORS AND /OR MOBILE VENDORS; PROVIDING FOR DEFINITIONS, PERMITS, REGULATIONS, AND REQUIREMENTS; 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 September 10, 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 Holmes, seconded by Commissioner Santiago to pass the above ordinance. Commissioner Holmes said he want the peddlers to be treated fair because this is their way of making a living. Mayor Taylor relinquished the gavel to Vice Mayor Kelley. Commissioner Santiago said he does not want to stop anyone from working, he wants the people to follow the city's rules and he wants the city to be covered legally. Commissioner Johnson asked, what is the difference between this legislation and the legislation previously adopted? Attorney Geller said this legislation requires people to obtain an actual license and meet the city's requirements. Commissioner Johnson said staff did not do due diligence, because this legislation is already on the books. There being no further discussion, the motion passed by a 5 -0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Commissioner Johnson Yes Vice Mayor Kelley Yes Mayor Taylor Yes Vice Mayor Kelley returned the gavel to Mayor Taylor. Regular Commission Meeting Minutes — 10/08/2014 13 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CITY ORDINANCE 86 -8, LAND DEVELOPMENT CODE, ARTICLE IX. CITY OF OPA -LOCKA SIGN REGULATIONS TO PROVIDE PURPOSE AND INTENT, DEFINITIONS, PROCESS AND PROCEDURES, SIGNAGE DESIGN STANDARDS, SIGNS PERMITTED ACCORDING TO LOCATION AND SIGNS PROHIBITED ACCORDING TO LOCATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 10, 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 Holmes, seconded by Commissioner Johnson to pass the above ordinance. Commissioner Johnson said this was previously her legislation and she is happy to see that the City Manager is championing it, but for the record no Town Hall Meetings were held for citizens input. There being no further discussion, the motion passed by a 4 -1 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson No Commissioner Santiago Yes Mayor Taylor Yes 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 21, ARTICLE II, SECTION 21 -77 OF THE CITY OF OPA -LOCKA CODE OF ORDINANCES, ENTITLED "SCHEDULE OF RATES GENERALLY" BY AMENDING PROVISIONS RELATED TO WATER, SEWER, AND STORMWATER RATES FOR FISCAL YEARS 2014 -2015, 2015 -2016, 2016 -2017, 2017 -2018 AND 2018 -2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 17, 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 Holmes, seconded by Commissioner Santiago to pass the above ordinance. Regular Commission Meeting Minutes — 10/08/2014 14 There being no discussion, the motion passed by a 4 -0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Out of Room Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: A. CITY MANAGER'S REPORT: Manager Baker said his report was provided in writing and it included highlights and the status of development projects as well as the capital improvement projects. The legislation approved this evening will expeditiously be forwarded to Tallahassee for approval. Commissioner Johnson made reference to two individuals listed on the report previously provided. It is her understanding that the City Manager stated as of October 1, 2014 none of the employees on the list is currently on the city's payroll. Manager Baker said the employees listed has been released. Commissioner Johnson asked, what is the status of the $40,000 that was allotted for the event planner? Manager Baker said the company is still in negotiations with the Meek Foundation. There has been a tremendous amount of delays in reaching an agreement with the organization. Commissioner Johnson asked, what is the status of the $82,000 that was allotted in the 2013 -2014 budget for Parks & Recreation equipment? Manager Baker said their original plan was to piggyback off of two existing bids, but they were too old so they are now in the process of finalizing the bid specs. Commissioner Johnson asked, is it her understanding the money that was budgeted has carried over to the 2014 -2015 budget? Manager Baker said yes, that is his understanding. Commissioner Johnson requested that the City Manager provide her with the line item where that money is located in the budget. Regular Commission Meeting Minutes — 10/08/2014 15 She said someone left some documents under the door at her home and if the information is correct she is very disturbed. She will provide a copy to the City Manager and her colleagues. She asked, is the city using reserved funds to pay the bills? Manager Baker said he is unclear, but he can direct that question to the Finance Director. Commissioner Johnson said according to the Florida Statutes and ordinances approved by the City Commission, the majority of the Commission have to give approval to use the reserve funds. Commissioner Santiago said he is concerned because he is tired of hearing negative reports about the city's administration. The City Commission is responsible for the city's butt. He requested a report on a contract the city has with a company to park trucks on 1371 Street and 37`h Avenue. Vice Mayor Kelley said several concerns were raised through the audit report, he asked, have the city finished answering all the responses? Manager Baker replied, yes. Vice Mayor Kelley requested a copy of the final document. Manager Baker said they were all noted in the final document. Vice Mayor Kelley said they were not addressed, they were open ended. He asked, are all the employees being paid from the proper line items? Manager Baker replied, yes. Commissioner Holmes said Mr. Baker was the first City Manager that was able to obtain $40 Million Dollars for the city's infrastructure and he is very happy. Mayor Taylor thanked the City Manager for his hard. She requested a breakdown of what was done to set the millage rate at 8.5. She reminded him that 22nd Avenue needs to be clean and the grass needs to be manicured. 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. Commissioner Johnson said normally the Finance Director states that the city can pay the bills, however, she has not heard that mentioned lately. She asked, is the city able to pay the bills from the general fund as of today? Regular Commission Meeting Minutes — 10/08/2014 16 Mrs. Liburd said they have not issued any checks this week, they will be issued tomorrow and she will review the bank account to see if they are able to pay those bills. Commissioner Johnson asked, prior to today were the city able to pay the bills from the general fund? Mrs. Liburd said yes, they pay bills from the general fund and the water fund. Commissioner Johnson asked, how much money is in the reserve account. Mrs. Liburd said the reserve balance is the same amount. Commissioner Johnson asked again, how much money is in the reserve account? Mrs. Liburd said $224,447.86. Commissioner Johnson asked, do she have a bank statement to attest to that? Mrs. Liburd said yes, she should receive the October statement by the 15`h, but Commissioner Johnson can get a copy of the September statement. Commissioner Johnson requested a copy of the bank statement for the reserve account for the months of August, September, and October when it becomes available. She further said if she recalls correctly when they were trying to balance the budget they took money from the reserve account. Mrs. Liburd said the fiscal responsibility of the city is to budget $500,000 annually and when the budget was passed they reduced that amount by $100,000 which means they only budget for $400,000 for this fiscal year. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller said his report was submitted in writing, but he will be happy to answer any questions. Commissioner Santiago said he will be in the office tomorrow and he would like to meet with the City Attorney. Commissioner Holmes requested legislation for all employees with the city for 20 years or more with over 1,000 sick leave /vacation hours so that they are entitled to be compensated for those hours. Vice Mayor Kelley said he received correspondence from the City Manager regarding the city's current hauler and it was mentioned that the City Attorney was following up. He asked, are there any updates on the issue? Regular Commission Meeting Minutes — 10/08/2014 17 Attorney Geller said there are updates, he met with the company's attorney and they informed him that there is no contract signed. He told them that they have to give the city at least a 30 day minimum and the city has a right to approve or deny. Vice Mayor Kelley said he wants to make sure the city is covered and there is no liability on the city. There is something wrong when people just come in the city and do what they want to do, that cannot happen in any other city. Commissioner Johnson said she does not know if the City Attorney has information regarding the upcoming amendments, if so she would like for him to share that information with the City Clerk. Attorney Geller said he will gather some information and provide it to the City Clerk for distribution. Mayor Taylor asked, what is the status of Coats Auto Parts? Attorney Geller said it is his understanding they had a meeting and Code Enforcement discussed some options on how to pursue actions. Mayor Taylor said she mentioned to Mr. Baker that the code process takes a long time. She asked that the City Manager permit the Code Enforcement Director and Building Official to meet with Attorney Geller for suggestions on how they can amend the code to bring closure. 22. CITY CLERK'S REPORT: Clerk Flores informed the City Commission that the Recreation Board has a vacancy and Deacon Stanley submitted an application for consideration. The applicant is currently serving on the Nuisance Abatement Board and there is no conflict. Mayor Taylor asked, does the city have a Historic Preservation Board? Clerk Flores replied, no. Attorney Geller said the question was whether or not the city should let the county handle it for us or should the city have its own board. Mayor Taylor and Commissioner Johnson said several things need to be corrected on the application and re- submitted to the City Commission. She further said she noticed a full page color advertisement in the newspaper for the Breast & Prostate Cancer Brunch. She asked the City Clerk did she place that advertisement? Clerk Flores said the City Clerk's Office did submit the advertisement based on a request from one of the Elected Officials. Commissioner Johnson said she requested the advertisement. Regular Commission Meeting Minutes — 10/08/2014 18 Mayor Taylor said that is expensive and they want to cut down on advertisement. She asked, are there any sponsors to cover the advertisement cost? Commissioner Johnson said she has not known of any city that has sponsored anything and put money into the budget. She asked, what was the cost of the advertisement? Clerk Flores said one of the staff members in the City Clerk's Office placed the advertisement and she does not have the cost at this time. Commissioner Johnson requested a copy of the receipt of the advertisement and she will get the money to offset the cost. Commissioner Santiago asked, was the advertisement placed prior to the budget meeting? Commissioner Johnson said the planning of the event was done prior to the budget meeting. Vice Mayor Kelley said there have been a lot of expenditures this year and this event was in the planning stages prior to the budget meeting. He suggested that his colleagues be careful with spending as they move forth. Commissioner Johnson rescinded her decision to pay for the advertisement. Commissioner Santiago thanked the City Clerk for their assistance and he want them to keep being a good example for the city. Commissioner Johnson requested that the City Clerk schedule Educational Town Hall Meetings for the amendments. 23. MAYOR/COMMISSION REPORT: Commissioner Santiago thanked the citizens of the City of Opa -locka for allowing him to serve in this city and he will continue to do his best for the residents. Vice Mayor Kelley said he made his position clear to the City Attorney regarding the Cuyahoga property and he is hoping to have something come back. He is still waiting on clarity on Ingram Terrace Apartments. It was a pleasure to host the CRA Business Forum for the Downtown Development. He held the first monthly prayer on last Wednesday at Historic City Hall and he invited the community at -large to join him every month. The Farm Share event was a huge success and they were able to serve over 700 families. He will be hosting a First time Home Buyers Workshop along with Miami -Dade County Finance Authority on October 14th at 4:00 p.m. at the Helen Miller Center. Vice Mayor Kelley further invited the citizens to join him at Meet Me Mondays on October 13th at 6:00 p.m. at the Helen Miller Center. The Seniors Computer class is still ongoing and they are scheduled to meet on October 9th at the Helen Miller Center. Commissioner Johnson mentioned that she participated in the Walk Safe Initiative sponsored by the University of Miami. She also participated in the Voter Registration Regular Commission Meeting Minutes — 10/08/2014 19 event for high school students in Miami -Dade County. In addition, she attended the CRA Business Network and it was excellent. She is currently working with organizations and citizens for a second chance job opportunity program and it will not be funded by the City of Opa- locka. She further said for the record, she wants to give clarification to remarks made by a citizen. Normally the Vice Mayor of the City of Opa -locka serves for one year. She came into office November 2002 with the highest votes, she was re- appointed in 2006 also receiving the highest votes, from 2006 -2010 again she received the highest votes. In 2008 the voters approved for the Vice Mayor's seat to run for two years, therefore she was the first consecutive two year Vice Mayor, meaning she served from 2002 -2012 and if anyone needs additional clarification she is always available. It appears that someone is saying she is an atheist and it is untrue. She has a certificate in Theology, her husband is an ordained Pastor, and she is working towards receiving her PHD in Pastoral care. Commissioner Holmes reported that he attended the Breast Cancer Lunch N' Learn today and it was a great event. Mayor Taylor announced that she is hosting a meeting along with Commissioner Barbara Jordan on the finishing of the Magnolia North area. She will be speaking to the students at Hialeah Miami Lakes Senior High School on governance. She had an opportunity to speak before the Miami Dade County Board of County Commissioners regarding the renaming of the Opa -locka Airport. 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 10:22 p. m. YOR A EST: CITY CLERK Regular Commission Meeting Minutes — 10/08/2014 20