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HomeMy Public PortalAbout01-January 14, 2015 Regular Commission MeetingCITY OF OPA -LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING January 14, 2015 7:00 P.M. Helen L. Miller Center 2331 NW 143 rd Street Opa- locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:05 p.m. on Wednesday, January 14, 2015 at the Helen L. Miller Center, 2331 NW 143`d Street, Opa- locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, Commissioner Terence K. Pinder, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Joseph S. Geller, and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Pastor Jimmye Larkin. 4. PLEDGE OV 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 -8 (Mayor Taylor); 19 -2, 19 -3, 19 -4, 19 -5, 19 -6, 19 -9, 19 -10, 19- 11 (Vice Mayor Holmes); 19 -1 (Commissioner Pinder); 19 -12, 19 -15 (Commissioner Kelley). Commissioner Pinder deleted agenda item 19 -7. It was moved by Commissioner Pinder, seconded by Commissioner Kelley to approve the agenda, consent agenda and pull list. Regular Commission Meeting Minutes — 01/14/2015 1 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 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, INSTRUCTING THE CITY MANAGER TO CONDUCT A REVIEW OF RESIDENTIAL AND COMMERCIAL FEES, LICENSES, AND TAXES, AND PROVIDE RECOMMENDATIONS FOR A REVISED FEE SCHEDULE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to amend the agenda to include item 16 -1. There being no discussion, the motion to amend the agenda passed by a 5 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS /ACKNOWLEDGEMENTS: The Mayor and City Commission recognized Armeta Wilson and Norlan Benitez as Employee of the Month. 8. APPROVAL OF MINUTES: Regular Commission Meeting — 12/10/2014 It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting of December 10, 2014. There being no discussion, the motion passed by a 5 -0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes Regular Commission Meeting Minutes — 01/14/2015 2 Special Commission Meeting — 12/15/2014 It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the minutes of the Special Commission Meeting of December 15, 2014. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 9. 24`h CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 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 stated that they will have a status of the demolition that was referenced by Mayor Taylor. In addition, he spoke to the county's Public Works Department and they are looking into cleaning the canals and an update will be provided. Commissioner Pinder provided Mr. Gardner with a request to forward to Commissioner Jordan referenced some of the items previously mentioned. 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, but she will be glad to take back any concerns or issues to Commissioner Monestime. Commissioner Pinder provided Ms. Burke with a request to forward to Commissioner Monestime. 13. MIAMI -DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Dorothy Johnson, 780 Fisherman Street, P Floor, Opa- locka, FL appeared before the City Commission and suggested that everyone dealing with the children have a level 2 background check. In addition, it has been brought to her attention that some of her mail has been discarded or passed on to someone else, and although a change of address was made she wants it to be clear that you cannot discard mail once it has a person name Regular Commission Meeting Minutes — 01/14/2015 3 on it. She had an emergency meeting with her investors and all of their commitments previously made to the Educational Compact will be rescinded and they will communicate directly with the school district. When she was an Elected Official she was under the impression that the city will no longer have employment agreements and she would like some clarification. With regards to the solid waste study, she asked what happened to the previous study? 2. John Riley of 2963 NW 135`" Street, Opa- locka, FL appeared before the City Commission and said it is unfortunate that the City Commission passed agenda item 19- 16. In his opinion, the City of Hialeah Police Department is one of the most racist in Miami -Dade County. 3. Alvin Burke of 1240 Jann Avenue, Opa- locka, FL appeared before the City Commission and said he observed the city making upgrades in the restrooms at City Hall but they don't own the building. In addition, the city has participated in the Martin Luther King, Jr. Parade for years, however, this year the city does not have the money, and it will not affect the city if they don't participate. Mr. Baker has done a great job for this city. 4. Deborah Sheffield Irby of 14202 NW 17th Avenue, Opa- locka, FL appeared before the City Commission and spoke in favor of agenda item 19 -10. She further said she is still experiencing challenges with the garbage pickup. 5. Johnnie Greene of 2091 Wilmington Street, Opa- locka, FL appeared before the City Commission and said the $40 Million Dollars should be used for the residential area as well as the industrial. She further stated that the citizens on the east side are dissatisfied because they were promised that 22nd Avenue will be cleaned up and it's time to see a change in that area. 6. Veronica Johnson of 14340 NW 21st Court, Opa- locka, Florida, appeared before the City Commission and said there's a tree in the alley behind her home that has garbage bags filled with trash. She requested that the tree be cut and the alley be cleaned. 7. Ella Ferguson of 13795 NW 22 "d Place, Opa- locka, Florida, appeared before the City Commission and requested a side walk to extend from Superior Street across the canal to 22 "d Avenue. 8. Nelson Suarez of 3091 NW 1291h Street, Opa- locka, Florida, appeared before the City Commission and expressed his concerns regarding illegal dumping in the city. He spent a lot of money having trash removed from the ease way. 9. Rose Tydus of 1101 Dunad Avenue, Opa- locka, Florida, appeared before the City Commission to represent and introduce Friends and Neighbors Initiative. This initiative is a community watch from a Christian prospective. They are going to educate the community on the role and responsibility of the City Commission and the administration. In addition, agenda items 19 -1, 19 -2, and 19 -3 should not have been listed under consent agenda because there's nothing routine about terminating the City Manager. She called Mr. Baker and requested that he send her a list of his accomplishments for the last two years and she received the list today and will make it available to the City Commission. Regular Commission Meeting Minutes — 01/14/2015 4 She asked the sponsor what Mr. Baker has done to make him discredit his character, integrity, honesty, professionalism, and trust. 10. Pastor Greg Williams of the Holy Faith Missionary Baptist Church, appeared before the City Commission in support of the City Manager, Kelvin Baker. 11. Gail Miller of 14325 NW 22 "d Place, Opa- locka, Florida, appeared before of the City Commission in support of agenda item 19 -10. 12. Dante Starks appeared before the City Commission and said the City Commission's integrity should not be challenged for sponsoring legislation. Commissioner Pinder is a young man and he went through a lot, but he is back at the will of the people. 13. Kathryn Lewis of 13985 NW 22nd Place, Opa- locka, Florida, appeared before the City Commission to get an update on their property being repaired. 14. Eric Redmon of 2766 NW 131" Street, Opa- locka, Florida, appeared before the City Commission and expressed his support on behalf of the city employees and the City Manager. He said he is not satisfied with a response he received from the city. He does not like to see almost a Million Dollars' worth of raises. 15. Matthew Pigatt of 1300 Peri Street, Opa- locka, Florida, appeared before the City Commission to express his support of Mr. Baker. In addition, he voiced his concerns regarding Elected Officials serving with voting conflicts. 16. Dorothy Johnson of 780 Fisherman Street, 3rd Floor, Opa- locka, Florida, appeared before the City Commission and said it appears some people that speak during citizen's forum have no idea what they are talking about. 17. Regina Miller of 14235 NW 22nd Place, Opa- locka, Florida, appeared before the City Commission in support of agenda item 19 -10. In addition, she invited everyone to Mt. Zion AME Church on February 7, 2015 for a Farm Share Food Distribution. 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, APPROVING AN EMPLOYMENT AGREEMENT FOR CITY MANAGER KELVIN L. BAKER, SR. PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Holmes, seconded by Mayor Taylor to pass the resolution. Mayor Taylor relinquished the gavel to Vice Mayor Holmes. Vice Mayor Holmes said he made some changes to the legislation and he hope it is satisfactory to his colleagues. Regular Commission Meeting Minutes — 01/14/2015 5 There being no further discussion, the motion failed by a 3 -2 vote. Commissioner Pinder No Commissioner Santiago No Vice Mayor Holmes Yes Commissioner Kelley No Mayor Taylor Yes Vice Mayor Holmes returned the gavel to Mayor Taylor. 2. (19 -2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RESCINDING RESOLUTION NO. 12 -8428 WHICH APPROVED THE APPOINTMENT OF KELVIN L. BAKER, SR. AS CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Commissioner Santiago requested that the sponsor give an explanation of the legislation. Commissioner Pinder said the spirit of the resolution was that the benefits package was open ended and as his colleague was sponsoring a contract he knew that the City Manager could not have both. The city had a litigation problem a few years ago, how can you give someone something that is open ended. Vice Mayor Holmes asked, if legislation of this magnitude is rescinded, what does that mean? Attorney Geller said when Mr. Baker was hired as City Manager the City Commission took a vote, then subsequently the Commission came back with the resolution in question and specified the terms of employment. If the terms are rescinded then the Commission would have to adopt terms of employment or you will be faced with continued employment. Vice Mayor Holmes asked, if the legislation passes, does that mean the City Manager's seat is vacant? Attorney Geller said no, because he believes the City Manager was hired under another resolution. Vice Mayor Holmes said Mr. Baker has been with the city for over two years and during his tenure he have done things that no other City Manager could do. He continued by expressing his support for Mr. Baker. Regular Commission Meeting Minutes — 01/14/2015 6 Commissioner Kelley said he have both resolutions that was reference by the City Attorney. He did not support an employment for the City Manager, yes he has done some good things, but that is his job. His challenge is always day -to -day operations and he can only look at one person and that's the City Manager. The employees have dealt with furlough days and in his opinion it's because the city has not been fiscally responsible. He loves every employee of the city, but the city was not in a position to give employee bonuses. He expressed his concerns regarding the things that are occurring and he emphasized that a lot of improvement is needed. He did not support agenda item 19 -1 and he will not support agenda item 19 -2. He told the City Manager that he has to be responsible and take care of the day -to -day issues of the community. Mayor Taylor said she will not support agenda item 19 -2. There being no further discussion, the motion failed by a 4 -1 vote. Commissioner Santiago No Vice Mayor Holmes No Commissioner Kelley No Commissioner Pinder Yes Mayor Taylor No 3. (19 -3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY CLERK TO ADVERTISE FOR THE POSITION OF CITY MANAGER FOR THE CITY OF OPA- LOCKA; DIRECTING THE CITY CLERK TO PUBLISH THE ADVERTISEMENT IN THE MIAMI HERALD, THE MIAMI TIMES AND ALL APPROPRIATE TRADE PUBLICATIONS; SPECIFYING THAT THERE BE A THIRTY (30) DAY RESPONSE PERIOD FROM THE DATE OF THE INITIAL PUBLICATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Commissioner Santiago said all of his colleagues deserve to be treated with respect. Commissioner Pinder said he is a grown man and the people elected him to move the city forward. This is nothing personal; sometimes you have to do things to motivate your head coach. He knows how to lead, the last two weeks the trees have been cut and the street sweeper is out. He told the people not to feel sorry for him because God is good and it made him stronger. Yes, Mr. Baker is a great man, but this is about the business of his community that gave him a second chance. There being no further discussion, the motion failed by a 4 -1 vote. Vice Mayor Holmes No Commissioner Kelley No Regular Commission Meeting Minutes — 01/14/2015 7 Commissioner Pinder Yes Commissioner Santiago No Mayor Taylor No 4. (19 -4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE APPOINTMENT OF MAYOR TAYLOR AS THE COMMISSION LIAISON FOR THE OPA -LOCKA EDUCATION COMMITTEE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M. T. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 5. (19 -5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TRANSFERRING ALL EXISTING CITY FINANCIAL ACCOUNTS FROM WELLS FARGO & COMPANY TO CITY NATIONAL BANK OF FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M. T. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Vice Mayor Holmes asked, does the bank accounts deal with federal funds? Manager Baker these are all city funds, however, he would have to yield to the Finance Director for the break down. The city does receive federal funds, but he would have to yield to the Finance Director for the details. Vice Mayor Holmes said the City Attorney need to inform his colleague if there are items he cannot vote on. Commissioner Pinder said the EPA is a division at the Department of Environmental Protection Agency and when he went through his court issues that was one of the divisions that suspended him. He never responded to the EPA because he was going through a criminal case and any response to the EPA could have been used in the criminal case. No one thought he would get elected, but God is good so when he got elected the EPA said he was still suspended and he is in the process of taking care of it. In Regular Commission Meeting Minutes — 01/14/2015 8 addition, to go a step forward he sent correspondence to the City Manager, City Clerk, and City Attorney to inform him if they think that there are any items on the agenda that deals with EPA to send him a correspondence three days prior to the Commission Meeting in writing with backup documentation and at that point he will recuse from voting. This is his life, his reputation, and he fought hard to have a second chance. Commissioner Kelley said he does not have a problem with the legislation. He asked, will the employees still be allowed to cash their check at Wells Fargo? Commissioner Pinder said he sponsored this legislation because the city had a time limit before they lose the $8.5 Million Dollars so by transferring the funds the city will not lose the money to build a new city hall, however, he would be happy to amend the legislation for the employees to cash their checks at Wells Fargo. Manager Baker said he met with City National Bank and they came up with a plan for the employees to cash their checks. There being no further discussion, the motion passed by a 4 -1 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor Yes 6. (19 -6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR SHUTTLE BUS SERVICES IN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Attorney Geller stated that he spoke to the City Manager and the above item does include federal funds, however, the City Manager has requested written confirmation. Mayor Taylor said everyone received a copy of this resolution and they are depending on the City Attorney to give sufficiency. She does not want a resolution to come forth and her colleague has to recuse because it deals with federal funding. That should have been discussed prior to it appearing on the agenda. She asked, Commissioner Pinder was he aware of this resolution? Commissioner Pinder said when he did the research, PTP dollars was a half cent penny tax from Alex Penelas that comes from local dollars and it has nothing to do with federal dollars. Regular Commission Meeting Minutes — 01/14/2015 9 Attorney Geller said in abundance of precaution he recommends Commissioner Pinder recuse from voting on this item. Commissioner Pinder recused from voting on agenda item 19 -6. Commissioner Kelley volunteered to sponsor and make a motion on agenda item 19 -6. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the resolution. There being no further discussion, the motion passed by a 4 -0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Recused Commissioner Kelley Yes Mayor Taylor Yes 7. (19 -7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR HOMELAND SECURITY AND PATROL SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. Commissioner Pinder deferred agenda item 19 -7. 8. (19 -8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING RESOLUTION NO. 14 -8857 PROVIDING FOR "CODERED" HIGH SPEED TELEPHONE COMMUNITY NOTIFICATION SERVICES (CODE -RED) WITH EMERGENCY COMMUNICATION SERVICES NETWORK, INC. (ESC) BY INCLUDING SUCH NOTIFICATIONS FOR ALL MEETINGS, EVENT, AND OTHER INFORMATION OF IMPORTANCE TO CITY RESIDENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Kelley to pass the resolution. Commissioner Kelley recalled some dialogue when this item came up that citizens felt they were being bombarded by the calls, however, he heard the opposite since it stopped. This was designed to communicate to the citizens in every area of the city. The city is paying for the technology and they should use it. Mayor Taylor said the city has ways of communicating with the citizens. This will be abused because everyone will use it for events. This should be used for emergencies only. Regular Commission Meeting Minutes — 01/14/2015 10 There being no further discussion, the motion passed by a 4 -1 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor No 9. (19 -9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING AN INTERNET RADIO STATION IN AND FOR THE CITY; FUNDING TO COME FROM ACCOUNT NO. 79- 579410, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Kelley to pass the resolution. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 10. (19 -10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, URGING THE UNITED STATES POSTAL SERVICE AND THE POSTMASTER GENERAL TO ALLOW THE HELEN L. MILLER UNITED STATES POST OFFICE IN OPA- LOCKA, FLORIDA, TO REMAIN OPEN TO SERVE THE RESIDENTS OF THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Kelley to pass the resolution. Vice Mayor Holmes asked, are they trying to close the Opa -locka Post Office? Commissioner Pinder said they are considering to close that location in their next budget. Vice Mayor Holmes said he and Mr. Baker had a discussion with the Post Office and they were under the impression that the issue was resolved. There being no further discussion, the motion passed by a 5 -0 vote. Commissioner Pinder Yes Regular Commission Meeting Minutes — 01/14/2015 11 Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 11. (19 -11) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO NOTIFY CSX CORPORATION ( "CSX ") TO CLEAR DEBRIS ON AND AROUND RAILROAD TRACKS AND TO ENCOURAGE THE REPAIR OF ARMS, RAILINGS AND OTHER TRAIN RELATED STRUCTURES AND MECHANISMS WITHIN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the 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 12. (19 -12) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS ( "RFQ "), FOR A QUALIFIED AUDITOR, TO PROVIDE SERVICES TO THE CITY OF OPA- LOCKA, FOR FISCAL YEAR 2014- 2015; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Commissioner Kelley said he thinks the current auditor has done a good job. The agreement calls for a renewal of at least a year. The city has challenges with finances and they will possibly be dealing with budget amendments so he does not want to go out for an auditor at this time. He requested that the sponsor consider amending the legislation for this fiscal year. Commissioner Pinder deferred agenda item 19 -12. He further said he gave a directive to the City Manager and City Attorney to bring back all contracts because his initiative is to provide jobs and some of these services have Regular Commission Meeting Minutes — 01/14/2015 12 fallen into the cracks of putting the job out and letting the people go through workforce to hire Opa -locka residents. 13. (19 -15) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO LEASE THREE (3) NEW 2015 FORD ESCAPE VEHICLES FROM METRO FORD, INC., PAYABLE IN MONTHLY INSTALLMENTS OF $1,216.44 TO MEARS MOTOR LEASING, PAYABLE FROM ACCOUNT 35- 535648, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to pass the resolution. Commissioner Kelley asked, are there any other trucks available because he has a challenge with purchasing three vehicles. Manager Baker said the CIP section works on all infrastructure projects throughout the city. The city does not have any vehicles available on a regular basis to assist them with going to construction sites. Commissioner Kelley asked, why can't they use the vehicle that was previously used by the former Commissioner. Manager Baker said he does not recommend using a luxury vehicle in construction areas. Commissioner Santiago asked, what department will be utilizing the vehicles? Manager Baker said the vehicles are for the CIP division. Commissioner Santiago said they have a vehicle that seats 8 passengers and in his opinion they can utilize that until the city can purchase more. There being no discussion, the motion failed by a 4 -1 vote. Commissioner Kelley No Commissioner Pinder No Commissioner Santiago No Vice Mayor Holmes Yes Mayor Taylor No Commissioner Santiago requested to re- consider agenda item 19 -16 being placed on the consent agenda. It was moved by Commissioner Santiago, seconded Commissioner Pinder for re- consideration. Regular Commission Meeting Minutes — 01/14/2015 13 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 Commissioner Holmes asked for an explanation on agenda item 19 -16. Jeffrey Key appeared before the City Commission and said this is a common practice which is called Mutual Aid. Since his tenure with the city they established a relationship with Hialeah Police Department. 14. (19 -16) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A MUTUAL AID AGREEMENT AND A JOINT DECLARATION PURSUANT TO THE MUTUAL AID AGREEMENT WITH THE CITY OF HIALEAH, FLORIDA, FOR LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the resolution. There being no further discussion, the motion failed by a 3 -2 vote. Commissioner Santiago No Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder No Mayor Taylor Yes 16. NEW ITEMS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, INSTRUCTING THE CITY MANAGER TO CONDUCT A REVIEW OF RESIDENTIAL AND COMMERCIAL FEES, LICENSES, AND TAXES, AND PROVIDE RECOMMENDATIONS FOR A REVISED FEE SCHEDULE; 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 Pinder, seconded by Commissioner Santiago to pass the resolution. Regular Commission Meeting Minutes — 01/14/2015 14 Commissioner Kelley said he supports the resolution, but he would like to know if the sponsor has a time frame for this to come back to the City Commission. It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to amend section 2 of the legislation to read "to be completed within 45 days ". There being no further discussion, the motion on the amendment passed by a 5 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes There being no discussion, the motion passed by a 5 -0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 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, AMENDING THE CITY'S HISTORIC PRESERVATION ORDINANCE AT SECTION 11.1 -4 STYLED "DEFINITIONS ", BY ADDING SECTION 11.1 -4 (2)(c), ALLOWING THE CITY MANAGER TO ISSUE REGULAR AND SPECIAL CERTIFICATES OF APPROPRIATENESS, SUBJECT TO THE APPROVAL OF THE CITY COMMISSION; AMENDING 11.1 -24(1) AND 11.1- 24(2); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Pinder, seconded by Commissioner Holmes to approve the above ordinance. There being no discussion, the motion passed by a 5 -0 vote. Regular Commission Meeting Minutes — 01/14/2015 15 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, AMENDING THE PERSONNEL ADMINISTRATIVE REGULATIONS, PROCEDURES AND BENEFIT EMPLOYEE HANDBOOK, AT THOSE SECTIONS STYLED ANNUAL LEAVE AND SICK LEAVE, BY PROVIDING THAT ALL AFFECTED EMPLOYEES RECEIVE 100% PAYMENT OF THOSE ACCUMULATED BENEFITS IRRESPECTIVE OF YEARS OF EMPLOYMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 12, 2014). Sponsored by T.H. 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; motion died for lack of a seconded. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING SECTION 2 -45, STYLED "AGENDA "; BY PLACING CURRENT ITEM 2 -45 (7), "AWARDS /PROCLAMATIONS / ACKNOWLEDGEMENTS" AS NEW ITEM 2 -45 (5); BY DELETING ITEM 2 -45 (9), STYLED "A REPORT FROM THE 24TH CONGRESSIONAL DISTRICT OF FLORIDA "; BY DELETING ITEM 2 -45 (10), STYLED A REPORT FROM ANY STATE SENATORS REPRESENTING THE CITY "; BY DELETING ITEM 2 -45 (11), STYLED "A REPORT FROM ANY STATE REPRESENTATIVES REPRESENTING THE CITY; AND BY DELETING ITEM 2 -45 (13), STYLED "MIAMI -DADE COUNTY FIRE RESCUE DEPARTMENT REPORT; BY AMENDING ITEM 2 -45 (16) BY ADDING THE CONSENT AGENDA AS ITEM 2 -45 (13) AND MAKING THE CITY MANAGERS REPORT ITEM 16; BY DELETING ITEM 2 -45 (22) STYLED ( "CITY ATTORNEY'S REPORT "); BY DELETING ITEM 2 -45 (23) STYLED :CITY CLERK'S REPORT "); AND BY ADDIING ITEM 2 -45 (20) STYLED "ADJOURNMENT "; PROVIDING FOR RE- NUMBERING ITEMS IN SECTION 2 -45 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 12, 2014). Sponsored by M. T. The above ordinance was read by title by Attorney Geller. Regular Commission Meeting Minutes — 01/14/2015 16 Mayor Taylor opened the floor for a public hearing. There being no persons to speak, public hearing was closed. It was moved by Commissioner Pinder, seconded by Commissioner Kelley to pass the above ordinance. Commissioner Kelley said approval of the agenda should be final to set the agenda and the term should be setting the agenda. Clerk Flores said that is correct. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to amend the legislation as follows "including reversing the order of items 2 -45 (6) and 2 -45 (7) ". There being no further discussion, the motion on the amendment passed by a 5 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes There being no discussion, the motion passed by a 5 -0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 3. 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, EQUIPMENT AND SERVICES FROM FIVE THOUSAND DOLLARS ($5,000) TO TWENTY THOUSAND DOLLARS ($20,000.00) WITHOUT THE CITY COMMISSION'S APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 12, 2014). Sponsored by M. T. 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, the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the above ordinance. Regular Commission Meeting Minutes — 01/14/2015 17 Commissioner Santiago said he cannot support $20,000, but he will support $10,000. Commissioner Pinder echoed the comments made by Commissioner Santiago. Commissioner Kelley said he will support $10,000.00. It was moved by Mayor Taylor, seconded by Commissioner Pinder to amend the legislation to increase the City Manager's spending limit to $10,000.00 There being no further discussion, the motion on the amendment passed by a 5 -0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 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 C. RESOLUTIONS/PUBLIC HEARING: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF FRANK VEGA — FLORIDA INDUSTRIAL PROPERTIES SIX, FOR SITE PLAN APPROVAL TO CONSTRUCT AND OPERATE A MIXED -USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL, INDUSTRIAL AND RETAIL USES AT 3325 NW 135TH STREET, OPA- LOCKA, FOLIO 08- 2121 - 007 -2700; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. Hope Calhoun of 14 SE 14th Street, Boca Raton, Florida appeared before the City Commission and spoke on behalf of the applicant, Frank Vega. There being no additional persons to speak, the public hearing was closed. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Commissioner Kelley asked, why the Planning Council minutes were not included in the agenda. Regular Commission Meeting Minutes — 01/14/2015 18 Gregory Gay appeared before the City Commission and said they had problems with the audio, therefore, the minutes were summarized. Commissioner Kelley said if the minutes were summarized it should have reflected the major comments made by the board members. He said to the applicant, within the agreement there are several questions he has with regards to maintaining the property in terms of ownership. In the past the city had challenges where people purchased properties then two days they are gone and it is very challenging to get the new owners to adhere to what was previously agreed upon. Attorney Geller made reference to page 5 of the Development Agreement which states that the owner is guaranteed to preserve and maintain all buildings and structures consistent with the travel center master plan for the entire period in which owners own the land or control 51% of the property or control 5% of any entity to which the agreement has been signed, sold, or transferred. Ms. Calhoun said the document is recorded so it will run with the land although it does not obligate her client once he sells the property, but it can bind subsequent owners. Commissioner Kelley said according to what's in the document, the intent of the plan is to have traffic entering on the west side. Ms. Calhoun said that is correct. Commissioner Kelley said according to the document he is reading it also says traffic can exit through Alexandria Drive. Ms. Calhoun said that is an error, trucks should exit to the west. Commissioner Kelley said he is concerned because an item is on the agenda that will potentially change the entrance and exit for an apartment complex. His concern is if it's that much traffic going in and out of Alexandria Drive it will be a challenge. Ms. Calhoun apologized for not catching the error in the development agreement. An agreement was made not to use Alexandria Drive for the trucks and it will be changed before the document is executed. Commissioner Kelley said with regards to the traffic and lighting, it was recorded in the minutes that they were looking at possibly trying to get another light in the area. He asked, what is the progress of getting a traffic light? Ms. Calhoun said to her knowledge Mr. Vega has met with FDOT and she was advised that they were not willing to move the light or have another light put there. Commissioner Kelley asked have there been any discussion of how they can minimize or at certain times slow down the impact of traffic during school zone hours? Regular Commission Meeting Minutes — 01/14/2015 19 Ms. Calhoun said they have not had that discussion, but it is her understanding that there are school flashers in that area and the trucks have to abide by that regulation. Mayor Taylor said she does not see any Arabian motif or retail. Mr. Gay said the building has domes to accent the building with Arabian motif, in addition to roof line being accented with Arabian motif. There being no discussion, the motion passed by a 3 -2 vote. Vice Mayor Holmes No Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN FRANK VEGA — FLORIDA INDUSTRIAL PROPERTIES SIX, AND THE CITY OF OPA -LOCKA TO CONSTRUCT AND OPERATE A MIXED -USE TRAVEL CENTER WHICH INCLUDES COMMERICAL, INDUSTRIAL AND RETAIL USES AT 3325 NW 135TH STREET, OPA- LOCKA, FOLIO 08- 2121 - 007 -2700; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. Hope Calhoun of 14 SE 14th Street, Boca Raton, Florida appeared before the City Commission and spoke on behalf of the applicant, Frank Vega. There being no additional persons to speak, the public hearing was closed. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to amend section 2 as follows: The City Commission of the City of Opa -locka hereby approves the Development Agreement in substantially the form attached as exhibit A. There being no further discussion, the motion on the amendment passed by a 3 -2 vote. Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend Page 5 of Development Agreement: (k) Owner shall strive to employ qualified residents from the City of Opa -locka to work at the Property (prior to and after construction). In Regular Commission Meeting Minutes — 01/14/2015 20 order to accomplish this task the Owner shall coordinate with the City of Opa -locka and the Career Source of South Florida Office located in the City in accordance with the Memorandum of Understanding between the City of Opa -locka and Career Source. (1) Owner shall also encourage all contractors and subcontractors to employ Opa -locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa -locka and in accordance with the Memorandum of Understanding between the City of Opa -locka and Career Source. There being no further discussion, the motion on the amendment passed by a 4 -1 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor Yes It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution as amended. There being no discussion, the motion passed by a 4 -1 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF TERRY WILLIAMS — ACCENT CONSTRUCTION SERVICES, INC., FOR SITE PLAN APPROVAL TO CONSTRUCT A CHECK CASHING STORE AT 13620 NW 27TH AVENUE, OPA- LOCKA, FOLIO 08- 2121- 007 -2680; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. 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 said she plans to bring a state of the art building to match the entrance of the city and she is aware of the legislation that encourages businesses in the city to hire city residents. There being no additional persons to speak, the public hearing was closed. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. There being no further discussion, the motion passed by a 3 -2 vote. Regular Commission Meeting Minutes — 01/14/2015 21 Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor No 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN TERRY WILLIAMS — ACCENT CONSTRUCTION SERVICES, INC., AND THE CITY OF OPA -LOCKA TO CONSTRUCT A CHECK CASHING STORE AT 13620 NW 27TH AVENUE, OPA- LOCKA, FOLIO 08- 2121 - 007 -2680; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the above resolution as follows: End of Paragraph 8 of the Development Agreement: Owners guarantee to preserve and maintain all building and structures consistent with the approved site plan, free of all liens and encumbrances for the entire period in which the owners own the land or control 51% ownership of the property or controls 5% of any entity to which this agreement has been assigned, sold, or otherwise transferred. There being no further discussion, the motion on the amendment passed by a 3 -2 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor No It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the above resolution as follows: Owner shall strive to employ qualified residents from the City of Opa -locka to work at the Property (prior to and after construction). In order to accomplish this task the Owner shall coordinate with the City of Opa -locka and the Career Source of South Florida Office located in the City in accordance with the Memorandum of Understanding between the City of Opa -locka and Career Source. Owner shall also encourage all contractors and subcontractors to employ Opa -locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa -locka and in accordance with the Memorandum of Understanding between the City of Opa -locka and Career Source. There being no further discussion, the motion on the amendment passed by a 3 -2 vote. Regular Commission Meeting Minutes — 01/14/2015 22 Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor No It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution as amended. There being no discussion, the motion passed by a 3 -2 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor No 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF DWAYNE WALKER CIO GLORIETA PARTNERS, LTD, FOR SITE PLAN APPROVAL FOR NEW CONSTRUCTION AND FOR REHABILITATION OF A MULTI - FAMILY DEVELOPMENT AT 13180 PORT SAID ROAD, OPA- LOCKA; 13122 PORT SAID ROAD, OPA- LOCKA; 13002 ALEXANDRIA DRIVE, OPA- LOCKA; (NO PROPERTY ADDRESS FOR THE FOURTH PARCEL); 13081 ALEXANDRIA DRIVE, OPA- LOCKA, (CITY PROPERTY); AND 13210 ALEXANDRIA DRIVE, OPA -LOCKA (CITY PROPERTY); FOLIOS: 08- 2128 - 007 -0170; 08- 2128 - 009 -0012; 08- 2128 - 009 -0020; 08 -2128- 007 -0210; 08- 2128- 007 -0270; 08- 2128 - 009 -0013; AND 08- 2128- 009 -0014; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Mayor Taylor asked, whether she should recuse herself from voting on agenda items 18C5 and 18C6? Attorney Geller said although she is not an owner, she is permitted to recuse herself because of appearance. Mayor Taylor opened the floor for a public hearing. Dwayne Walker of 8895 North Military Trail, Palm Beach Gardens, Florida appeared before the City Commission and requested a site plan approval for a major renovation of the Gardens Apartments. Mayor Taylor recused herself from voting on agenda items 18C5 and 18C6 due to an appearance of a conflict. Mayor Taylor relinquished the gavel to Vice Mayor Holmes. Regular Commission Meeting Minutes — 01/14/2015 23 Elvira Smith of 13485 -95 Alexandria Drive, Opa- locka, Florida appeared before the City Commission and said initially she was opposed to the developers moving their entrance to Alexandria Drive, however, since that time they have met with the owners and reviewed their plans and realized that there is a reduction in traffic which is less than what was on the blue prints. At this time they no longer oppose to the entrance moving to Alexandria Drive. John Riley of 2963 NW 135`h Street, Opa- locka, Florida appeared before the City Commission and spoke in favor of this development. There being no additional persons to speak, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the resolution. There being no discussion, the motion passed by a 4 -0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Recused 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN DWAYNE WALKER C/O GLORIETA PARTNERS, LTD, AND THE CITY OF OPA- LOCKA FOR PROPERTY LOCATED AT 13180 PORT SAID ROAD, OPA- LOCKA; 13122 PORT SAID ROAD, OPA- LOCKA; 13002 ALEXANDRIA DRIVE, OPA- LOCKA; (NO PROPERTY ADDRESS FOR THE FOURTH PARCEL); 13081 ALEXANDRIA DRIVE, OPA- LOCKA, (CITY PROPERTY); AND 13210 ALEXANDRIA DRIVE, OPA -LOCKA (CITY PROPERTY); FOLIOS: 08- 2128 -007- 0170; 08 -2128- 009 -0012; 08- 2128 - 009 -0020; 08- 2128 - 007 -0210; 08- 2128 - 007 -0270; 08- 2128- 009 -0013; AND 08- 2128 - 009 -0014; FOR THE PURPOSE OF NEW CONSTRUCTION AND FOR THE REHABILITATION OF A MULTI - FAMILY DEVELOPMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Vice Mayor Holmes opened the floor for a public hearing. Dwayne Walker of 8895 North Military Trail, Palm Beach Gardens, Florida appeared before the City Commission and said they accept the terms of employment. There being no additional persons to speak, public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the above resolution as follows: The lease to be entered into shall include language that if the Regular Commission Meeting Minutes — 01/14/2015 24 use is discontinued the lease shall terminate and the city's ownership of the property will continue without restriction. There being no further discussion, the motion on the amendment passed by a 4 -0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Commissioner Kelley Yes Vice Mayor Holmes Yes Mayor Taylor Recused It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the above resolution as follows: Under conditions the city will add a condition that says the cost of any traffic calming devices or structures on Alexandria Drive would be born by the developer. There being no further discussion, the motion on the amendment passed by a 4 -0 vote. Commissioner Santiago Yes Commissioner Kelley Yes Commissioner Pinder Yes Vice Mayor Holmes Yes Mayor Taylor Recused It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the above resolution as follows: Owner shall strive to employ qualified residents from the City of Opa -locka to work at the Property (prior to and after construction). In order to accomplish this task the Owner shall coordinate with the City of Opa -locka and the Career Source of South Florida Office located in the City in accordance with the Memorandum of Understanding between the City of Opa -locka and Career Source. Owner shall also encourage all contractors and subcontractors to employ Opa -locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa -locka and in accordance with the Memorandum of Understanding between the City of Opa -locka and Career Source. There being no further discussion, the motion on the amendment passed by a 4 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Recused It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the resolution as amended. There being no discussion, the motion passed by a 4 -0 vote. Regular Commission Meeting Minutes — 01/14/2015 25 Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Recused Vice Mayor Holmes returned the gavel to Mayor Taylor. 19. ADMINISTRATION: CONSENT AGENDA: (19 -13) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BURTON & ASSOCIATES TO UPDATE THE SOLID WASTE RATE STUDY AT A COST NOT TO EXCEED $15,780, PAYABLE FROM ACCOUNT NUMBER 34- 535340, A BUDGTED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (19 -14) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT TO SUNGARD PUBLIC SECTOR, FOR THE YEARLY SOFTWARE MAINTENANCE OF OSSI POLICE SOFTWARE, IN THE AMOUNT OF FORTY THOUSAND SIX HUNDRED THIRTY -SIX DOLLARS AND FIFTY EIGHT CENTS ($40,636.58), A BUDGETED ITEM, PAYABLE FROM ACCOUNT 36- 521528; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (19 -16) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A MUTUAL AID AGREEMENT AND A JOINT DECLARATION PURSUANT TO THE MUTUAL AID AGREEMENT WITH THE CITY OF HIALEAH, FLORIDA, FOR LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolutions were read by title by Attorney Geller. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass items 13,14, and 16 of the consent agenda. The motion passed by a 5 -0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Regular Commission Meeting Minutes — 01/14/2015 26 Mayor Taylor Yes A. CITY MANAGER'S REPORT: Manager Baker said his report was provided in writing, however he would like to say that the last few months has been difficult for him to operate. He appreciates the vote of confidence as well as the constructive criticism that was made this evening, because he welcome the opportunity to improve. He will be making major changes within the administration and he trust that the City Commission supports him. Commissioner Santiago requested to meet with the City Manager the following day at 11:00 a.m. Commissioner Pinder said this was a good meeting and for the record he has known the City Manager and the City Attorney for a long time and he knows their capability. He has a responsibility to the citizens and he expects more. He will not be disrespectful or disgraceful, but he will push the City Manager, City Attorney, and City Clerk because he expects the best from them in order to make the city a five star city. Vice Mayor Holmes said he supported the City Manager from day one and he continues to support him. Commissioner Kelley asked, is the city's legislative agenda for Tallahassee and Washington complete? Manager Baker said he met with the lobbyist to get an idea of where the pots of money will be and he was told that the money will be in water related projects. There are some small pots of money in greenspace and brownsfield. Commissioner Kelley said as the City Manager develops the packet, obviously he will keep the City Commission abreast and get their input. He sits on the Florida League of Cities Legislative Committee and one of the things they are trying to do is make sure projects of common interest are pushed together because it strengthen numbers. Mayor Taylor said 22nd Avenue is a priority; it needs a fresh look. She will not tolerate any blighted or slum buildings. Commissioner Santiago said he received a lot of complaints regarding a night club on Fisherman Street that stays open until 6:00 a.m. He requested that the City Manager look into that issue because he does not want to see night clubs located in a residential area. 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 account balance remains at $256,888.29. The first quarter financial report will be presented at the workshop. Regular Commission Meeting Minutes — 01/14/2015 27 Commissioner Pinder said he would like the dialogue with the auditor as they move forward. Commissioner Santiago said his wife has a lot of medical bills that has not been paid by the city and he would like them to make sure the health insurance is paid up to date. 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 Kelley requested legislation to put a moratorium on check cashing stores. Vice Mayor Holmes requested legislation to lift the moratorium on package stores and legislation to pay his attorney fees from citizens on a mission for change. Commissioner Pinder requested legislation to pay his EPA attorney fees. Mayor Taylor said she has not seen any reports on Coates Auto Parts. 22. CITY CLERK'S REPORT: Clerk Flores said it is imperative for the City Commission to appoint members to the Planning Council and Zoning Board of Appeals because they have pending items. In addition, Clerk Flores read a letter addressed to Commissioner Kelley from the Miami - Dade County League of Cities as follows: On behalf of President Cindy Lerner, I want to inform you that you have been appointed to serve on the Miami -Dade County League of Cities Legislative Committee. 23. MAYOR/COMMISSION REPORT: 24. OFFICIAL BOARD APPOINTMENTS: It was moved by Commissioner Kelley, seconded by Commissioner Pinder to appoint Michelle Edwards to the Community Relations, Recreation & Activities Advisory Board. 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 Commissioner Pinder appointed Germaine Barnes to the Planning Council and Mayor Taylor appointed Oria Rodriguez to the Planning Council. Regular Commission Meeting Minutes — 01/14/2015 28 Commissioner Pinder appointed Chris Davis to the Zoning Board of Appeals and Mayor Taylor appointed Dawn Mangham to the Zoning Board of Appeals. 25. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Pinder, seconded by Commissioner Santiago to adjopaLghe meeting at 12:02 a.m. AT ST: CITY CLERK Regular Commission Meeting Minutes — 01/14/2015 29