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HomeMy Public PortalAbout07-July 22, 2015 Regularl Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING July 22,2015 7:00 P.M. Sherbondy Village Auditorium 215 President Barack Obama (Perviz) Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, July 22, 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 Joseph L. Kelley, 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 Terence K. Pinder arrived at 7:05 p.m. 3. INVOCATION: The Invocation was delivered by Commissioner Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Commissioner Santiago along with the Mayor and City Commission recognized Joseph Aguirre, Vice President of City National Bank; Scott Miller, General Manager of Opa- locka/Hialeah Flea-Market; Maurice Haynes, President of Intercounty Engineers; Lindsey Rubin, Executive Director of Republic Metals Corporation; Rapheal Durant; and Joseph Spiezio, Universal Waste Services for their outstanding support and commitment to the City of Opa-locka for the Annual Fourth of July Celebration. Miami-Dade County Commissioner Barbara Jordan presented the City of Opa-locka with a check in the amount of$2,000 for swimming lesson scholarships. Mayor Taylor along with the City Commission recognized Dr. Charles C. Barton for his distinguished career at Lock Towns Community Mental Health Center. Regular Commission Meeting Minutes—07/22/2015 1 Mayor Taylor along with the City Commission recognized Mr. Albert Jones in honor of his birthday. Mayor Taylor presented a plaque to Wayne Ammons, Glenda Clarke, Gordy M. Sampson, Beverly Barr, and Jimmy Johnson for their hard work and dedication to the City of Opa-locka. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 13-11 (Commissioner Kelley). Commissioner Santiago requested to defer agenda items 13-14, 13-15, 13-16, and 13-17 until the September 9, 2015 Regular Commission Meeting. Commissioner Kelley said a clause needs to be added to agenda item 13-11. Attorney Brown said he was advised by staff that agenda item 13-3 was going to be deferred. 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, APPROVING THE SEPERATION AGREEMENT OF CITY MANAGER KELVIN BAKER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to amend the agenda to include item 14-1. Mayor Taylor said Mr. Baker submitted his resignation this afternoon and it is subject to the approval of his Separation Agreement. On behalf of the city she wished Mr. Baker well as he pursues successful opportunities. In view of what happens, she will be holding a Special Commission Meeting on Friday to hire an Interim City Manager, however in the meantime the Assistant City Manager will fill in. Mayor Taylor requested that her colleagues move the above item at this time. Commissioner Kelley said the item has to be added to the agenda first. There being no further discussion, the motion to amend the agenda passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes Regular Commission Meeting Minutes—07/22/2015 2 He further said someone is going crazy with the Code Enforcement Department. Universal Waste has not been picking up the bulk trash and the city is giving $500 fines for illegal trash. 2. Robert McDuffie of 1760 Ali-Baba Avenue, Apt. 5, Opa-locka, Florida, appeared before the City Commission and voiced his concerns with regards to the CET Program. Mr. McDuffie said the citizens started a petition in an effort to keep the program open. The Community Empowerment Team is a much needed program that provides many services and helps the citizens. He requested that the City Commission allow him to start a fundraiser to keep the center open. 3. (Inaudible) appeared before the City Commission and voiced her concerns regarding the Bulk Trash throughout the city. She did not have a good time on the 4th of July because she had guest at her home and it was embarrassing to see trash outside of her home. 3. David Grant of 17740 NW 14 Court, Miami Gardens, Florida, appeared before the City Commission and said he has a great concern with the Debt Collection Company the city hired. He had a misfortune with his bill and was late paying, however after making his payment he still received a Collection Notice. 4. Beatrice Johnson of (Inaudible) appeared before the City Commission and expressed her concerns regarding the closing of the CET Program. Ms. Johnson said that program was beneficial to a lot of people and it is a great need for the community. In addition, the citizens are being harassed by the new Police Officers. 5. Cynthia Starworth appeared before the City Commission and said she lives alone and she is gone for the majority of the day, but she is continuously receiving high water bills. She further stated that the CET Program is needed because if it wasn't for that program she would not be employed today. A lot of people do not have access to computers, but they can visit the CET Program and use the computers to apply for jobs and assistance. 6. Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida, appeared before the City Commission and commended Commissioner Santiago for the Fourth of July Celebration. She said she sent a notice to everyone that a man lost his wife and he became homeless with their two children, but she is thankful that Commissioner Pinder was able to help that family. She said the resolution for evaluations was pulled, but everyone needs to be assessed. The Commission should have thought about the CET Program when they approved the gateway for $337,000 because the citizens need services. Commissioner Santiago said he is with the people and he's going to support them. 7. Sandra Ali of 403 Fisherman Street, Opa-locka, Florida, appeared before the City Commission and said since she's been appointed as a Board Member she has issues because the boards does not meet. Service is the pillar of every community and if the boards are not meeting then that shows the community breaking down. Regular Commission Meeting Minutes—07/22/2015 4 8. Tracy Graham appeared before the City Commission and said spoke in favor of the CET Program. It has been a positive place for her and her family. Her daughter got her first job because of the program. It also helped her clean up her life and she is now sober and currently enrolled in a private college where she had the opportunity of utilizing the computers at the CET Program to do her assignments. She has never seen Ali-Baba Avenue (Veterans Way)bloom the way it is now. Commissioner Kelley said he have heard the concerns of the citizens. He requested that the City Attorney prepare legislation to freeze all citations that were issued over the last two weeks and direct the City Manager to re-open the CET Program. Commissioner Santiago asked to co-sponsor the legislation. 9. John Cook of 14580 NW 27th Avenue, Opa-locka, Florida, appeared before the City Commission and said several residents spoke about the garbage around the city and he agrees with them. He thanked them for proving his point that there is a need for a two year pilot program because the once a month pick up does not work. The Commission has to educate the citizens of when to put their trash out. 10. Eloy Romo of 13300 NW 42nd Avenue, Opa-locka, Florida, Florida, appeared before the City Commission and voiced his concerns regarding the city infrastructure. They are in need of a permanent repair. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to re-open the agenda. There being no discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Yes Mayor Taylor Yes Request to amend the agenda to include the following items: 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, INSTRUCTING THE CITY MANAGER TO HOLD IN ABEYANCE THE CODE VIOLATION TICKETS THAT HAVE BEEN ISSUED WITHIN THE PAST TWO WEEKS. Commissioner Pinder asked the City Attorney, do they need a 4/5 or majority to add the items to the agenda? Attorney Brown said they need 4/5. Vice Mayor Holmes said the CET Program has already been closed and the staff received commendations for their years of service. He does not think it is fair at this time because this was done in accordance with the city's budget. Regular Commission Meeting Minutes—07/22/2015 5 Commissioner Kelley said he just wants to put the items on the agenda and the Commission can make their decision. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the agenda to include item 14-2. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes 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 RE-OPEN THE CET PROGRAM. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the agenda to include item 14-3. There being no discussion, the motion to amend the agenda passed by a 4-1 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 12. ACTION ITEMS (items from consent agenda pull list): 1. (13-11) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, DIRECTING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION WITH A COPY OF THE ANNUAL AUDIT REPORT NO LESS THAN 14 DAYS PRIOR TO THE COMMISSION APPROVING THE AUDIT REPORT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the resolution. Commissioner Kelley requested to amend the above resolution to add language that sets a time frame of fourteen days prior to the GFOA deadline so the city will be in compliance with the reporting that allows the city to get a certification. Regular Commission Meeting Minutes—07/22/2015 6 It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend section 2 of the resolution as follows: The City Commission hereby directs the City Manager to provide the City Commission with a copy of the annual audit report no less than 14 days prior to the date set for the GFOA compliance for the City Commission to accept and approve the annual audit report. There being no further discussion, the amendment passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 13. CONSENT AGENDA: (13-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FROM THE ENVIRONMENTAL PROTECTION AGENCY (EPA) IN THE AMOUNT OF $400,000 AND TO COMPLY WITH THE FEDERAL MANDATE TO HIRE A QUALIFIED BROWNSFIELD/ENVIRONMENTAL CONSULTANT AND TO EXECUTE A REQUIRED COOPERATIVE AGREEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (13-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON MIAMI-DADE COUNTY'S PEOPLE'S TRANSPORTAION PLAN; PROJECT NAME: ROADWAY RESURFACING CONTRACT, CONTRACT MCC 7360 PLAN 7360-0/08 QUOTATION NUMBER 20140055 WITH H & R PAVING, INC. FOR CITYWIDE MILLING, PAVING AND SIDEWALK RESURFACING IN THE AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (13-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CONDOTTE AMERICA, INC, AND KAILAS CONTRACTORS (JOINT VENTURE) IN THE AMOUNT NOT TO EXCEED ELEVEN MILLION EIGHT HUNDRES FIFTY ONE THOUSAND SEVEN HUNDRED SEVENTEEN DOLLARS ($11,851,717.00) FOR THE DESIGN BUILD SERVICES FOR ZONE 1 Regular Commission Meeting Minutes—07/22/2015 7 AND 2 INCLUDING NW 147TH STREET (RFP 15-2306100) DRAINAGE AND ROADWAY, SANITARY SEWER, AND DRINKING WATER SYSTEM PROJECT FUNDED BY THE STATE OF FLORIDA REVOLVING FUNDS, PAYABLE FROM ACCOUNTS 35-5356315, 43-5386315 AND 64-5336315; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Manager Baker deferred item 13-3. (13-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI-DADE COUNTY FOR SEWAGE DISPOSAL SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (13-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE A REQUEST FOR PROPOSALS (RFP) FOR THE CONSTRUCTION OF A NEW COMMISSION CHAMBER, AT THE MUNICIPAL BUILDING LOCATED AT 780 FISHERMAN STREET, OPA-LOCKA, FLORIDA; 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, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR CITYWIDE ENVIRONMENTAL CONSULTING SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (13-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO REOPEN CITY CONTRACTS FOR NEGOTIATION WHERE OPPORTUNITIES EXIST FOR IMPROVED EFFICIENCY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (13-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA; REQUESTING THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES OF AMERICA TO ADOPT A "WET FOOT, DRY FOOT" IMMIGRATION POLICY FOR HAITIAN MIGRANTS THAT REACH THE SHORES OF THE UNITED STATES OF AMERICA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. (13-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECITNG THE CITY MANAGER TO SUBMIT TO THE CITY COMMISSION A MONTHLY ANALYSIS WHICH TRACKS THE BUDGET TO ACTUAL EXPENSITURES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. Regular Commission Meeting Minutes—07/22/2015 8 (13-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DEVELOP AND SUBMIT TO THE CITY COMMISSION WITHIN 45 DAYS, A 5-YEAR PLAN TO ADDRESS THE CITY'S FINANCIAL CONDITION THAT WILL AVOID A FINANCIAL EMERGENCY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (13-12) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO DEVELOP A PLAN TO REPAY ALL CITY EMPLOYEES THAT RECEIVED A REDUCTION IN PAY AS A RESULT OF THE CITY'S CURRENT FINANCIAL CONDITION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (13-13) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA; REQUESTING MIAMI-DADE COUNTY TO EXTEND THE DAYS OF OPERATIONS OF THE OPA-LOCKA LIBRARY, LOCATED AT 780 FISHERMAN STREET, TO INCLUDE FRIDAYS (5 DAYS PER WEEK; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (13-14) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY ATTORNEY TO PREPARE AND BRING BACK TO THE COMMISSION LEGISLATION TO AMEND THE CITY CODE TO PROHIBIT ALCOHOL SALES AFTER 3:00 A.M. AND TO ESTABLISH AN ALCOHOL FREE BUFFER ZONE SURROUNDING RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. Commissioner Santiago deferred item 13-14. (13-15) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, PROVIDING FOR A YEAR END EVALUATION REVIEW OF THE PERFORMANCE OF THE CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. Commissioner Santiago deferred item 13-15. (13-16) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, PROVIDING FOR A YEAR END EVALUATION REVIEW OF THE PERFORMANCE OF THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. Commissioner Santiago deferred item 13-16. (13-17) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, PROVIDING FOR A YEAR END EVALUATION REVIEW OF Regular Commission Meeting Minutes—07/22/2015 9 THE PERFORMANCE OF THE CITY CLERK; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFI~ECTIVE DATE. Sponsored by L.S. Commissioner Santiago deferred item 13-17. 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, 4, 5, 6, 7, 8, 9, 10, 12 and 13 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 Mayor Taylor Yes 14. NEW ITEMS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE SEPERATION AGREEMENT OF THE CITY MANAGER KELVIN BAKER; 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 Commissioner Santiago, seconded by Commissioner Pinder to pass the resolution. Commissioner Kelley said he is confused as to the separation because he received the documents late. He understands that the City Manager is resigning his position subject to the separation agreement. He asked, who did the agreement to come up with the terms and what is the fiscal impact? He asked the City Attorney, does the separation agreement comport with the Employment Agreement that was approved on April 13, 2015? Attorney Brown said an agreement can be amended at any time and the terms can be altered if the parties choose to do so. With regards to this agreement, there has been a mutual understanding as to amending and/or altering the terms of a prior agreement. Mayor Taylor said the fiscal impact was given to the chair. Commissioner Kelley said if he's going to vote on something he need to have all of the information. Regular Commission Meeting Minutes—07/22/2015 10 Mayor Taylor said based on the agreement, the fiscal impact is $37,418.74 and the other half will be paid on October lst Commissioner Kelley said for the record, he does not like to deal with these numbers during the meeting, but he has no choice because he did not get the information. He suggested in the future when they are dealing with agreements that all the Commissioners receive the information. Vice Mayor Holmes said on behalf of Mr. Baker he is sad. The city is starting to move in a positive way. He asked Mr. Baker what will it take for him to walk out with whatever is due to him? Manager Baker said they have sat down and came up with something agreeable and he is in favor of what is before the Commission. Mayor Taylor said she appreciates everything Mr. Baker has done and if he is satisfied, then she is satisfied. There being no further discussion, the motion passed by a 4-1 vote. Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes Manager Baker thanked the Mayor/Commission, Employees, and Residents of the city. After competing for a championship and coming up short he can say it was a great season. He have been with the city for three years and brought his A game to do everything he can possibly do. He requested to be dismissed and encouraged the City Commission to give a great deal of consideration to his Assistant, David Chiverton who has been by his side. Mayor Taylor announced that she will be calling a Special Commission Meeting on Friday and she directed the City Clerk to poll the Commission on their availability. 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO HOLD IN ABEYANCE ALL CODE CITATIONS ISSUED DURING THE PAST TWO WEEKS. Sponsored by J.K. and L.S. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the resolution. Commissioner Santiago said he requested to co-sponsor this item because the problem is not the residents, it's the communication the city has with the citizens. Regular Commission Meeting Minutes—07/22/2015 11 Commissioner Pinder asked the City Attorney, does this interfere with the day-to-day operations of the city? Attorney Brown said if the City Commission chooses to hold a particular policy then they can make that decision. Commissioner Pinder asked for the definition of hold in abeyance. Attorney Brown said it means to suspend. Commissioner Pinder asked, does suspend mean not to collect of an action that was already made? Attorney Brown said it means to not move forward on those actions. Commissioner Pinder asked the City Attorney, can they vote on the item? Attorney Brown said it is a policy decision. Commissioner Kelley said all of them have received complaints. This commission held a workshop that talked about the trash pickup. Several months ago he mentioned that the city's regular trash pickup was not being adhered to and he also said they were going to have these problems. He said he does not have a problem with people being cited, but they have to be given a proper warning. Attorney Brown said he will add a provision in the resolution that they will hold the citations in an abeyance until such time as the City Manager had time to review the citations that were issued in the past two weeks. 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 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO REOPEN AND KEEP OPEN THE COMMUNITY EMPOWERMENT TEAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. and L.S. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the resolution. Regular Commission Meeting Minutes—07/22/2015 12 Commissioner Kelley said two meetings ago he said if the City Manager was proposing something that could possibly impact the employees or the community, the Commission needed to sign off on it. He would not have been in favor of closing the CET Program. Commissioner Santiago said he is in support of keeping the CET Program open. Mayor Taylor directed the City Manager to reopen the CET Program until they have proof that the program has a direct effect on the budget. Vice Mayor Holmes said it is his understanding that the staff have already retired and he don't think they can get people to serve better than Dr. Storr and Mrs. Bracy. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: 1. AN ORDNANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING PROCEDURES FOR AGENDA PREPARATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.C./C.A. The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to pass the above ordinance. There being no discussion, the ordinance passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—07/22/2015 13 2. AN ORDNANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 86-8, ARTICLES 6.1, 6.2, 6.3, 6.4 AND 6.5; PROHIBITING NIGHTCLUBS, BARS, LOUNGES, CLUB AND OTHER ESTABLISHMENTS THAT SELL ALCOHOL FROM OPERATING IN RESIDENTIAL DISTRICTS; 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 ordinance passed by a 4-1 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 3. AN ORDNANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 4, ARTICLE I, SECTION 4-8; PROHIBITING SALE OF ALCOHOLIC BEVERAGES WITHIN 1,000 FEET OF PARKS; 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 Kelley, seconded by Commissioner Santiago to pass the above ordinance. There being no discussion, the ordinance passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 4. AN ORDNANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE XV, "MASSAGE THERAPY ESTABLISHMENTS", IN CHAPTER 13, "LICENSES AND BUSINESS REGULATIONS"; PROVIDING ADDITIONAL OPERATIONAL STANDARDS FOR MASSAGE THERAPY ESTABLISHMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR INCORPORATION INTO THE CITY CODE; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. Regular Commission Meeting Minutes—07/22/2015 14 The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the above ordinance. Commissioner Kelley said he has concerns, but he will support the item for first reading. Commissioner Pinder said he has been asked to sit on the Human Trafficking Board and all of the municipalities have followed the City of Doral's ordinance on Human Trafficking. He will be working with the City Attorney to retrofit the legislation to fit our city. He said Human Trafficking is real and he is against it. There being no further discussion, the ordinance passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes B. SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING AND APPROVING UPDATED ADMINISTRATIVE POLICIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE (first reading held on May 13, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. The above item was deferred. 2. 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 AMENDAMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND TO OTHER REVIEW AGENCIES ADOPTING AND APPROVING UPDATED ADMINISTRATIVE POLICIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE (first reading held on May 27, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Regular Commission Meeting Minutes—07/22/2015 15 Mayor Taylor opened the floor for a public hearing to elaborate on the above ordinance. There being no people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the above ordinance. Commissioner Kelley said he met with the Community Development Department and he would like to add language into the ordinance. Gregory Gay appeared before the City Commission and said the Commission received a report today and it listed the changes. On page 52 there is a section that deals with traffic circulations and signalization and he wants to be sure that the item be addressed as a policy for the document. On page 56 the request was that the verbiage be changed from "required/encouraged" to "required". On page 98 they added verbiage for accessibilities and other activities, both dealing with curriculum and extra curriculum activities. Page 108 they added they added that the developer must pay the cost for infrastructure and impact fees. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to accept the changes that were read into the record. There being no further discussion, the amendment passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Out of Room Commissioner Santiago Yes Mayor Taylor Yes There being no further discussion, the ordinance passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Pinder Out of Room Commissioner Kelley Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 04-09 PROVIDING FOR PAYMENT OF THE IMPACT ON LAND DEVELOPMENT IN THE CITY OFOPA- LOCKA FOR PROVIDING ROAD DRAINANGE AND RELATED FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on June 24, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Regular Commission Meeting Minutes—07/22/2015 16 Mayor Taylor opened the floor for a public hearing to elaborate on the above ordinance. There being no people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to pass the above ordinance. There being no discussion, the ordinance passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Commissioner Pinder Out of Room Vice Mayor Holmes Yes Mayor Taylor Yes 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDIANCE 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 (first reading held on June 24, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing to elaborate on the above ordinance. There being no people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the above ordinance. There being no discussion, the ordinance passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Kelley Yes Commissioner Pinder Out of Room Vice Mayor Holmes Yes Mayor Taylor Yes 5. 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 PROVIDING 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 (first reading held on June 24, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Regular Commission Meeting Minutes—07/22/2015 17 Mayor Taylor opened the floor for a public hearing to elaborate on the above ordinance. There being no people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to pass the above ordinance. There being no discussion, the ordinance passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Out of Room Commissioner Santiago Yes Mayor Taylor Yes 6. 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 ESTABLISHMENTS OF WATER AND SEWER IMPACT FEE DISTRICTS; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND SEWER IMPACT FEES INTO IMPACT FEE TRUST FUNDS 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 ISSES AND SIMILAR DEBT INSTRUMENTS; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 24, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing to elaborate on the above ordinance. There being no people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the above ordinance. There being no discussion, the ordinance passed by a 4-0 vote. Regular Commission Meeting Minutes—07/22/2015 18 Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Out of Room Commissioner Santiago Yes Mayor Taylor Yes 7. 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 USE 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; PROVIDING FOR AN EFFECTIVE DATE (first reading held on June 24, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing to elaborate on the above ordinance. There being no people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the above ordinance. There being no discussion, the ordinance passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 8. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A TERM SHEET TO RECEIVE A REVOLVING LINE OF CREDIT WITH CITY NATIONAL BANK TO PROVIDE TEMPORARY BRIDGE FINANCING FOR THE CITY'S ONGOING AND FUTURE DRINK WATER, SEWER WATER AND WASTEWATER IMPROVEMENT PROJECTS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 8, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing to elaborate on the above ordinance. There being no people to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the above ordinance. Regular Commission Meeting Minutes—07/22/2015 19 There being no discussion, the ordinance passed by a 4-1 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 17. CITY MANAGER'S REPORT: 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: Commissioner Santiago announced that Bingo will be held on August 31, 2015 for this month. Commissioner Kelley said he had an opportunity to attend a meeting at the 22nd Avenue Apartments to hear the concerns of the tenants and he thanked staff for the attendance. He further announced that the ESE Back to School Celebration will be held on August 8th from at 12:00 noon. In addition, the Seniors Computer Class will start on August 6th at the Helen L. Miller Center. He said he had the pleasure of speaking to the kids at Teen Upward Bound about City Government. Vice Mayor Holmes thanked the staff who reported to Mr. Baker and he encouraged them to continue to do a good job. Mayor Taylor reminded her colleagues that the Budget Meeting will be held on July 23rd at 5:00 p.m., Ribbon Cutting Ceremony on August 30th, and a Special Commission Meeting on August 30th 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Pinder, seconded by Commissioner Kelley to adjourn the meeting at 9:25 p.m. i A ./ M' OR TEST: Al - i 4 CITY CLERK R•:ular Commission Meeting Minutes—07/22/2015 20