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HomeMy Public PortalAbout06-June 24, 2015 regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING June 24, 2015 7:00 P.M. Sherbondy Village Auditorium 215 President Barack Obama (Perviz) Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:04 p.m. on Wednesday, June 24, 2015 in the Auditorium at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Timothy Holmes, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Commissioner Joseph L. Kelley arrived at 7:05 p.m. Commissioner Terence K. Pinder was not in attendance. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The Mayor and City Commission recognized Lubotes Dauphin and Officer Colin Josephs as Employees of the Month. Mayor Taylor recognized Roosevelt Bradley, Anthony Brunson, Alex Rey, Steven Barrett, and Mayor Michael Pizzi for volunteering their time in serving as the Mayor's Financial Task Force. Vice Mayor Holmes acknowledged the students from North Park High School for volunteering their time to assist with a home painting Initiative. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Regular Commission Meeting Minutes—06/24/2015 1 The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 13-1, 13-2, 13-3, and 13-4 (Commissioner Santiago). Clerk Flores stated that agenda item 16B1 is being deferred until the July 22, 2015 Regular Commission Meeting. Request to amend the agenda to include the following items: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE MONTHLY COMPENSATION OF COMMISSIONER JOSEPH KELLEY BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to amend the agenda to include item 14-1. There being no discussion, the motion to amend the agenda passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Commissioner Pinder Not Present Vice Mayor Holmes Yes Mayor Taylor Yes 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE MONTHLY ALLOCATION OF COMMISSIONER JOSEPH KELLEY BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to amend the agenda to include item 14-2. There being no discussion, the motion to amend the agenda passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE LINE ITEM FOR COMMISSIONER JOSEPH KELLEY'S TRAVEL, SPECIAL EVENTS AND RELATED ACTITIVITES BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. Regular Commission Meeting Minutes—06/24/2015 2 It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to amend the agenda to include item 14-3. There being no discussion, the motion to amend the agenda passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Santiago Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 14-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, EXPRESSING SYMPATHY AND FELLOWSHIP WITH THE CITY OF CHARLESTON, SOUTH CAROLINA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to amend the agenda to include item 14-4. There being no discussion, the motion to amend the agenda passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Not Present Commissioner Santiago Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Santiago, seconded by Commissioner Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting—03/30/2015 It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to approve the minutes of the Special Commission Meeting of March 30, 2015. There being no discussion, the motion passed by a 4-0 vote. Regular Commission Meeting Minutes—06/24/2015 3 Vice Mayor Holmes Yes Commissioner Santiago Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes Special Commission Meeting—06/01/2015 It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to approve the minutes of the Special Commission Meeting of June 1, 2015. There being no discussion, the motion passed by a 4-0 vote. Commissioner Kelley Yes Vice Mayor Holmes Yes Commissioner Pinder Not Present Commissioner Santiago Yes Mayor Taylor Yes Regular Commission Meeting—06/10/2015 It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting of June 10, 2015. ,a There being no discussion, the motion passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Commissioner Pinder Not Present Vice Mayor Holmes Yes Mayor Taylor Yes 9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Jordan's Office (District 1) came forward and said he did not have any reports or announcements at this time, but he will be glad to take back any concerns or issues to Commissioner Jordan. Vice Mayor Holmes asked, are there any programs to assist citizens with having their Air Condition repaired? Mr. Gardner said he will reach out to the Community Action Agency and give Vice Mayor Holmes a response. Vice Mayor Holmes asked for an update on the request for a bus. Mr. Gardner said a new set of buses will be retired in mid August. Regular Commission Meeting Minutes—06/24/2015 4 10. PUBLIC PRESENTATION: 11. CITIZENS' FORUM: 1. Eric Redmon of 2766 NW 131st Street, Opa-locka, Florida, appeared before the City Commission and provided a copy of the Florida Statutes regarding Code Enforcement. At the last Commission Meeting misleading information was given pertaining to Code Enforcement. The Commission was told that Code Enforcement is supposed to generate revenue and that was incorrect. According to the Florida Statutes Code Enforcement is strictly for compliance, meaning people are supposed to be given a warning first and if they comply with the warning there is no civil penalties. He commended Commissioner Kelley and Commissioner Pinder for their efforts on taking a 10% decrease. 2. Dorsey Miller of 6008 NW 62nd Terrace, Parkland, Florida, appeared before the City Commission on behalf of Academy Bus. The project that is being proposed is a plus for the City of Opa-locka and the citizens. If the project is approved, the land value will be increased and taxes generated will increase and it will create new jobs. The company wants to leave Hialeah because there is no room for growth or expansion. They anticipate increasing their staff by 90 employees. They are good corporate partners who support community activities for the youth. 3. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City Commission and said the Florida Statutes calls a criminal act theft by deception under the color of law. The City of Opa-locka has an ordinance that requires landlords to pay a fee and the city does not have a housing code or an inspection code. Miami-Dade County Ordinance 2-319 says the minimum housing code is exempt from Florida Statutes 162 which is what authorizes Special Masters. He asked the City Commission to suspend the ordinance until they get their own rules in place. If the legislation goes forward he plans to ask the County Commission to direct the County Attorney's office to enforce their ordinance and he will ask the ethics Commission to look into why this administration knowingly violates the law. He further said in 2001 he won a court order that deferred compensation for Elected Officials was illegal and one of the former Mayors was paid out of that fund. The money is supposed to go back to the city's general fund because they are not entitled to it. 4. Dante Starks appeared the City Commission and said he spoke regarding agenda item 16A-10. He said he spoke against the item when it appeared before the Planning Council and the board voted the item down. Now it's being brought back by the City Manager and that is wrong. Everybody promises to hire employees and when they get approved no one is hired. If this item is passed, there will be gas pumps throughout the city because every area in the city is liberal industrial. Mr. Starks further said the Commission has put forth a lot of hard work to get this city to move forward and to see a front page newspaper article that the city has a $2 Million Dollar deficit is not good. The Mayor is the leader and there has to be some changes to fix this issue. The employees can't sleep because they don't know if they will be laid off Regular Commission Meeting Minutes—06/24/2015 5 or fired when you have some people just walking in the door making $20 per hour and it has not been addressed. 5. Alvin Burke of 1240 Jann Avenue, Opa-locka, Florida, appeared before the City Commission and said he tries to be in attendance at every Commission Meeting to voice his concerns, but the citizens concerns go unnoticed. The City Commission does whatever they want to do. The City Manager informed them that the city could not afford to give the employees a $500 Holiday Bonus and reduce the millage rate. He is tired of seeing the City of Opa-locka in the newspaper with negative headlines because it's embarrassing. It has to be hard for the employees to work for this city because they haven't had a raise and now they are considering taking money from them. Some people do not make more than $10 per hour and they are going to take 2% from them. He asked, how are the employees going to afford to pay their bills and feed their families? Mr. Burke further said if they are taking money from the employees, are they going to get their salary back? No one is addressing if it is a temporary cut or not. 6. Gregory Cunningham appeared before the City Commission and said the majority of the employees took advantage of the BMG Loan and if their salary is cut they will not be able to pay their bills. 7. Natasha Ervin of 670 Dunad Avenue, Opa-locka, Florida, appeared before the City Commission and voiced her concerns regarding the city's security company. She said the security guards come and go whenever they get ready. She opened her door at 6:45 a.m. and they were gone. Last week they were gone at 10:30 p.m. and were back by 3:00 a.m. The city does not need a security company. That money can be used towards the employees. 8. Sharena Forshay Butler of (Inaudible) NW Miami Gardens, Florida, appeared before the City Commission with a solution. She represents Miami Sisters Keeper Place of Refuge which is a Faith Based Ministry that God placed on her heart to help the community. She works with women and children that deal with rape, molestation, hurt, and pain. They are not asking for money, they just want to help the people. She teaches the girls how to cook and become women. 9. Venice Hedgeman appeared before the City Commission and said she is a Family and Psychiatric Nurse Practitioner. She deals with people that have drug abuse problems and victims of violence and rape. 10. James (Inaudible) appeared before the City Commission on behalf of My Brothers Keepers Initiative. He said he talks to the young men in an effort to direct them in the right direction and mentor them. 12. ACTION ITEMS (items from consent agenda pull list): Commissioner Santiago said the sponsor of agenda items 13-1, 13-2, and 13-3 is not present so his questions will not be answered; therefore, he would like to withdrew his request to pull those items. Attorney Brown said the Commission has to reset the agenda. Regular Commission Meeting Minutes—06/24/2015 6 It was moved by Commissioner Santiago, seconded by Commissioner Kelley to approve the agenda eliminating agenda items 13-1, 13-2, and 13-3 from the pull list. Those items will be placed under the consent agenda. There being no discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 1. (13-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DOWNTOWN TOWING, NU-WAY TOWING, SUNSHINE TOWING AND DOLPHIN TOWING FOR CITYWIDE TOWING SERVICES ON A ROTATIONAL BASIS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to pass the resolution. Commissioner Santiago said he has concerns because the city is too small to use four companies for towing services. He asked, how will the people know what company has their vehicle? Manager Baker said they initially started with three or four companies and some have dropped or gone out of business which limited them to the few that remained left. To avoid having to repeat that process, he would like to rotate them on a monthly or quarterly basis. In addition, in a general practice, if a vehicle is towed the owner contacts the local police department. Commissioner Santiago said he does not see the purpose of selecting four companies. He said he would like to support the resolution, but not in its current fashion. He thinks two companies will suffice. Commissioner Kelley said the RFP document did not address non-compliance and that's where his concerns lie. He asked, have they had a problem with non-compliance from vendors? Manager Baker replied, yes. Commissioner Kelley asked, where did the selected companies fit in terms of compliance? Regular Commission Meeting Minutes—06/24/2015 7 Manager Baker said in terms of giving the Police Department maximum flexibility if one company is not available they will obviously go to the next company. The concept is to avoid from repeating the same process. Commissioner Kelley asked, how long is the agreement? Manager Baker said the agreement is three years with an option to renew. Commissioner Kelley said that's part of his heartburn, because if they have non- compliance then they have to keep them for three years. Manager Baker said non-compliance will be a reason for them to be disqualified. Commissioner Kelley asked, was the RFP advertised for three years? Manager Baker replied, yes. Commissioner Kelley said he does not like three years and he would like to see a mechanism that the Commission can review the contract within a year or two to make sure the non-compliance threshold is being met. He asked, can they come back to review it or get an update in a year or two? Attorney Brown said if the proposers agree to amend the terms and conditions of the RFP and accept them. It is up to the contracting parties to amend the agreement. Commissioner Kelley said he want the Commission to be able to come back and look at the contract. Attorney Brown said if Commissioner Kelley wants a status report then he can request the City Manager to do that. Vice Mayor Holmes said the City Manager has a reason for sending the RFP out in this format. Commissioner Santiago requested to amend the above resolution to select two companies with a one year contract. Mayor Taylor asked the City Attorney, how can they select two companies out of the four recommended by the City Manager? Vice Mayor Holmes suggested that they keep the four companies, but with a one year contract. Attorney Brown said with regards to the question asked by the Mayor, which is a policy decision for the Commission to make. The City Manager had a reason for selecting four companies with a three year contract. If the Commission chooses to amend the recommendation of the City Manager it is within their right to do so. His only concern is going from a three year contract to a one year contract when the invitation of bid specified a three year contract with a one year option. Regular Commission Meeting Minutes—06/24/2015 8 There being no further discussion, the resolution passed by a 3-1 vote. Vice Mayor Holmes Yes Commissioner Santiago Yes Commissioner Pinder Not Present Commissioner Kelley No Mayor Taylor Yes 13. CONSENT AGENDA: (13-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE MONTHLY COMPENSATION OF COMMISSIONER TERENCE PINDER BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE MONTHLY ALLOCATION OF COMMISSIONER TERENCE PINDER BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE LINE ITEM FOR COMMISSIONER TERENCE PINDER'S TRAVEL, SPECIAL EVENTS AND RELATED ACTIVITIES BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CSA CENTRAL, INC., FOR DEBRIS MONITORING SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (13-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE ISSUANCE BY THE CAPITAL TRUST AGENCY OF ITS REVENUE BONDS FOR THE PPURPOSE OF FINANCING CERTAIN MULTIFAMILY RENTAL HOUSING FACILITIES LOCATED IN THE CITY OF OPA-LOCKA, FLORIDA, AND FOR PURPOSES OF SECTION 147 (F) OF THE INTERNAL REVENUE CODE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolutions were read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass items 1, 2, 3, 5, and 6 of the consent agenda. The motion passed by a 4-0 vote. Regular Commission Meeting Minutes—06/24/2015 9 Commissioner Kelley Yes Vice Mayor Holmes Yes Commissioner Pinder Not Present Commissioner Santiago Yes Mayor Taylor Yes 14. NEW ITEMS: Clerk Flores informed the City Attorney that New Items has to be read into the record individually. Attorney Brown said they can be read together then take an individual vote because they are resolutions. Commissioner Kelley requested that the City Attorney show him where that is permissible because he is concerned this may come up in the future. New Items sometimes require individual discussions and he does not want to set a precedent. In this case it's probably not an issue,but he is concerned futuristically. 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE MONTHLY COMPENSATION OF COMMISSIONER JOSEPH KELLEY BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE MONTHLY ALLOCATION OF COMMISSIONER JOSEPH KELLEY BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REDUCE THE LINE ITEM FOR COMMISSIONER JOSEPH KELLEY'S TRAVEL, SPECIAL EVENTS AND RELATED ACTITIVITES BY 10%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass items 1, 2, and 3 of the New Items. Commissioner Santiago said one of his other colleagues sponsored the same legislation and he is really tired because this is not going to change the city's budget problems. He is a servant leader, he serves the public. He does not want to throw flowers; the reality is this is not going to do anything. He collects money for all of his events but the problem is the money that is being spent on unnecessary things. Regular Commission Meeting Minutes—06/24/2015 10 Commissioner Kelley said the great thing about the democracy is they all have their own opinions. For the record, when the employees had to take furloughs days and had pay cuts he took those cuts, which he had deducted from his check. He asked the City Manager prior to the meeting to deduct 10% from his checks because he believes in leading by example. Commissioner Kelley asked the City Manager, are his requested pay cuts included in the budget discussion? Manager Baker replied, yes. Commissioner Kelley said he does not need to grand stand or throw flowers, but he strongly believes in leading by example. He said he have being talking about the unnecessary spending, excessive hiring, and outside contracts since January. He does not need to impress anybody because what he does it from the heart. If the employees have to take a pay cut then everyone needs to share that pain. He agrees, 10% will not solve the budget issues, but he still believes in leading by example. There being no further discussion, the resolutions passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Commissioner Pinder Not Present Vice Mayor Holmes Yes Mayor Taylor Yes 14-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, EXPRESSING SYMPATHY AND FELLOWSHIP WITH THE CITY OF CHARLESTON, SOUTH CAROLINA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above resolution was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the resolution. Commissioner Kelley asked the Mayor will she be sending a letter to the Mayor? Mayor Taylor said she's going to start with the above resolution. There being no further discussion, the resolution passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 15. PLANNING & ZONING: Regular Commission Meeting Minutes—06/24/2015 11 A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ELIMINATING THE ZONING BOARD AND DELEGATING THOSE DUTIES TO THE PLANNING COUNCIL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above ordinance was read by title by Attorney Brown. The above ordinance died for lack of a motion. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ARTICLE II, SECTION 2-28 OF THE CITY OF OPA-LOCKA CODE RELATING TO COMMISSION MEETINGS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above ordinance was read by title by Attorney Brown. The above ordinance died for lack of a motion. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE RULES FOR CONDUCT OF DEBATE DURING CITY COMMISSION MEETINGS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to pass the above ordinance. There being no discussion, the motion failed by a 2-2 vote. Commissioner Kelley Yes Commissioner Santiago Yes Commissioner Pinder Not Present Vice Mayor Holmes No Mayor Taylor No 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 04-09 PROVIDING FOR PAYMENT OF AN IMPACT ON LAND DEVELOPMENT IN THE CITY OF OPA- Regular Commission Meeting Minutes—06/24/2015 12 LOCKA FOR PROVIDING ROAD DRAINAGE AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 5. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 04-10 PROVIDING FOR PAYMENT OF AN IMPACT ON LAND DEVELOPMENT IN THE CITY OF OPA-LOCKA FOR PUBLIC SAFETY NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Santiago Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 6. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 04-11 PROVIDING FOR PAYMENT OF AN IMPACT ON LAND DEVELOPMENT IN THE CITY OF OPA-LOCKA FOR NEW PARKS AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Regular Commission Meeting Minutes—06/24/2015 13 It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the above ordinance. Commissioner Santiago asked, what is the purpose of the above ordinance? Manager Baker said these are a series of Impact Fees for new developers that come into the city. As a result of them coming into our city they create an impact and they have to pay a fee associated with their impact so the residents does not have to pay for the impact that a new business bring. There being no further discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Not Present Commissioner Santiago Yes Mayor Taylor Yes 7. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED AREAS OF THE CITY OF OPA-LOCKA, FLORIDA; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN THE CITY OF OPA-LOCKA FOR PROVIDING FOR NEW WATER AND SEWER AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COMMISSION; PROVIDING FOR THE PAYMENT AND TIME OF PAYMENT OF A WATER AND SEWER IMPACT FEE; PROVIDING FOR REVIEW OF WATER AND SEWER IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE ESTABLISMENT OF A WATER AND SEWER IMPACT FEE DISTRICT; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND SEWER IMPACT FEES INTO THE WATER AND SEWER IMPACT FEE TRUST FUND ESTABLISHED FOR THAT PURPOSE; PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER AND SEWER IMPACT FEES; PROVIDING THAT WATER AND SEWER IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION FOR SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Regular Commission Meeting Minutes—06/24/2015 14 Commissioner Kelley Yes Commissioner Santiago Yes Commissioner Pinder Not Present Vice Mayor Holmes Yes Mayor Taylor Yes 8. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 4, ARTICLE I, SECTION 4-8; ALCHOLIC BEVERAGES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the above ordinance. Mayor Taylor asked, do they have legislation similar to this? Clerk Flores said she would have to do some research, but there is an ordinance on alcoholic beverage. Commissioner Santiago said they have to be sure to follow rules and regulations in the residential areas because they have night clubs that stay open after 10:00 a.m. Manager Baker said this legislation is distance requirement from parks and religious institutions. Commissioner Santiago said he does not want alcohol or night clubs near residential areas. Attorney Brown said this ordinance is an amendment to an existing ordinance. Commissioner Santiago said he would like to make an amendment to include residential areas. Manager Baker said he would be happy to sit down with Commissioner Santiago and discuss his concerns to include them in the second reading. Commissioner Santiago suggested that the City Manager defer the item until the next Commission Meeting. Manager Baker said he would like to move forth with the ordinance as is. Attorney Brown said the ordinance can be amended at the second reading as long as the title does not change. Manager Baker deferred the above ordinance. Regular Commission Meeting Minutes—06/24/2015 15 9. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) OF THE CITY OF OPA-LOCKA, FLORIDA, TO CHANGE THE LAND ISE OF THE PROPERTY IDENTIFIED BY FOLIO 08-2129-018-0010, FROM UTILITY TO INDUSTRIAL; THE PROPERTY IS LEGALLY DESCRIBED BELOW; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Santiago Yes Commissioner Pinder Not Present Commissioner Kelley Yes Mayor Taylor Yes 10. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING ORDINANCE NO. 86-8, ARTICLE 6.11, LIBERAL INDUSTRIAL DISTRICT, SECTION E. 4(c) OF THE CITY OF OPA-LOCKA LAND DEVELOPMENT REGULATION CODE TO PERMIT A GASOLINE PUMP, ON ANY LOT OR WITHIN ANY STRUCTURE IN THIS DISTRICT TO SERVE VEHICLES USED SOLELY IN CONNECTION WITH THE LICENSED BUSINESS PERMITTED ON SUCH LOT AND WHEN SO LOCATED, SHALL NOT BE VISIBLE FROM VIEW FROM THE STREET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to pass the above ordinance. Commissioner Santiago said he has concerns that the city will not receive taxes from this property. The city has to be very careful about opening a gas station on private property. Commissioner Kelley asked the City Manager and Staff, will allowing a gas station to be built on this site set a precedence for the future? Mr. Gay said the precedence that will be set is that they will allow businesses to have their own fueling. The company will have to go through the same process of going to the Planning Council then go before the City Commission. Regular Commission Meeting Minutes—06/24/2015 16 Commissioner Kelley asked, will this set something new for future business owners? Mr. Gay said this precedence is already set in another zoning classification. The zoning code is being updated and there is language that will suggest that these categories be merged in order to allow this precedence to be established in this area as well. Commissioner Kelley said he does not want to set precedence so he will not support this legislation. Mayor Taylor asked, did this item pass by the Planning Council? Mr. Gay said this particular item did not pass by the Planning Council. Vice Mayor Holmes asked, why didn't it pass? Mr. Gay said the vote was a tie which nullifies the fact that the Planning Council wanted it to be passed. Vice Mayor Holmes asked, is this a health hazard? Mr. Gay said he does not consider it a health hazard based on the location. Vice Mayor Holmes asked Mr. Gay, does he support this item? Mr. Gay said he does support it. Commissioner Kelley said the Department Director said the item did not pass due to a 2- 2 vote, but he is looking at documentation that says the item failed by a 3-2 vote. Mr. Gay said the documentation is correct; the vote was 3-2. There being no further discussion, the motion failed by a 3-1 vote. Vice Mayor Holmes Yes Commissioner Kelley No Commissioner Pinder Not Present Commissioner Santiago No Mayor Taylor No B. SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER ADOPTING THE CITY OF OPA-LOCKA HUD COMMUNITY GRANT-BASED AMENDMENTS TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN AND TO THE FUTURE LAND USE MAP, ALSO KNOWN AS THE SUSTAINABLE OPA-LOCKA 20/30 COMPREHENSIVE PLAN, AND AUTHORIZING TRANSMITTAL OF THESE AMENDMENTS TO THE Regular Commission Meeting Minutes—06/24/2015 17 FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND TO OTHER REVIEW AGENCIES (first reading held on May 27, 2015). Sponsored by C.M. Manager Baker deferred the above ordinance. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 7.73 OF THE CITY CODE TO ADDRESS DESIGNATION OF BUILDINGS AS UNFIT FOR HUMAN HABITATION; OWNER'S DUTY TO RELOCATE; TENANTS' RIGHTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on May 27, 2015). Sponsored by T.P. The above ordinance was read by title by Attorney Brown. 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 Santiago, seconded by Commissioner Kelley to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Commissioner Pinder Not Present Vice Mayor Holmes Yes Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 17. CITY MANAGER'S REPORT: Manager Baker said his report was provided in writing, but he is happy to say that they are in the process of finalizing the Comprehensive Financial Report and he plans to call a Special Meeting to have it adopted. He is continuing to make progress with the infrastructure efforts and they have wrapped up Alexandria Drive. He is finalizing the renovation efforts at Town Center and staff is expected to move in the last week in July. Manager Baker said he provided his plan to close the budget gap and he is moving full speed ahead with the plan. He said his goal is to minimize the impact and keep the impact that affects the employees to a minimum. Vice Mayor Holmes said he know it is budget time and he hope the City Manager knows how to prepare his budget for the fiscal year. He wants the City Manager to put the budget together the way he knows how to do it because he will not support anything from a Task Force or anyone else. He further said he want the City Manager to be fair with the employees, if that means he has to lay people off then he expects him to do it fair. It has Regular Commission Meeting Minutes—06/24/2015 18 been brought to his attention that some employees just got to the city and they make $20.00 per hour when some people been here for over ten years making $10.00 per hour. Commissioner Kelley said he received what he thought was an update on the recommendation to the Task Force response. The resolution that was passed by the Commission at the Special Meeting which directed him to review and have something for June 24th. He asked the City Manager if he is referencing the memo that was given to them as his plan to move forth? Manager Baker replied, yes. Commissioner Kelley said he does not support having something sent to him in writing and he does not believe the Commission should endorse that without legislation. There are several elements to this action to be implemented and he does not have clarity on how the gap will be closed. He is concerned because he received phone calls from people telling him who was going to be laid off and he hasn't seen a list of layoffs. For the record, he opposes to endorsing the City Manager's plan because he need to know the specifics. He further said at the previous Commission Meeting he asked if employees were still getting raises and if any new people were hired and he is still waiting on the memorandum to address his questions. Commissioner Santiago said Commission Meetings are for the citizens and nothing is crazy. He asked the City Manager will he be scheduling a meeting to discuss the budget? Manager Baker said no. He plans to move forward and balance the budget. He thinks it is in the guidelines of the charter for him to deal with this issue. Commissioner Santiago asked, how much is the budget gap? Manager Baker said they are working off a$900,000 budget gap. Mayor Taylor said the Task Force was put together to find money so the employees would not have to take a hit. 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: Commissioner Kelley thanked staff for their assistance with the Farm Share Food Distribution. He announced that the Seniors Computer Class will start in July and it does not cost the city anything because the classes are conducted by the Interns. He introduced Steven Pedroso who is currently fulfilling his internship from Florida International University. Commissioner Kelley said he has served as the Chair and he is concerned about the way the meetings are done. Some citizens said he left the Special Commission Meeting as if he was upset, but he left due to previous commitments at his church. When he asked to speak on an item which he always does respectfully he is overlooked. He Regular Commission Meeting Minutes—06/24/2015 19 always goes through the proper channels to speak, but it is disturbing because it has happened on several occasions. Mayor Taylor said she have no problems letting anyone speak. Sometimes she does not hear them and that's the reason she did not let Commissioner Kelley speak. She has not stopped anyone from speaking. She further mentioned that the city received a letter stating that Congresswoman Frederica Wilson secured $400,000 EPA Revitalization Grant for the City of Opa-locka. She directed the City Clerk to send a thank you letter to the congresswoman. 20. OFFICIAL BOARD APPOINTMENTS: Mayor Taylor appointed Christina Brown to the Community Relations, Recreation & Activities Advisory Board. In addition she appointed Henry Francois to the Civil Service Board. Magda Demeritt was appointed to the Fair Housing & Nuisance Abatement Board. Mayor Taylor appointed Robert Tyler to the Planning Council. 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to ad'•urn the m eting at 9:20 p.m. / , M/OR A A. TEST: CITY CLERK Regular Commission Meeting Minutes—06/24/2015 20