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HomeMy Public PortalAbout09-September 09, 2015 Regular Commission Meeting MinutesCITY OF OPA -LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING September 09, 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 7:05 p.m. on Wednesday, September 09, 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 Terence K. Pinder, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: City Manager Roy Stephen Shiver, Jr., City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 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 Pinder along with the Mayor and City Commission presented a Proclamation to Irving Thomas, Jr., retired Los Angeles Lakers Basketball Player for his tremendous basketball career. Mayor Taylor along with the City Commission recognized Officer Dwight Williams and Sheldon Stewart as Employee of the Month. Commissioner Kelley along with the Mayor and City Commission recognized Family Dollar, Alex Gonzalez of Waste Management, Yosh Barack, Yolanda Cash - Jackson of Becker & Poliakoff, Intercounty Engineering Inc., Stephanie Williams - Baldwin, Dwight Stephenson of Stephen Construction, Roderick Harvey, Danny Whitebook of Atlantic Hosiery, Joseph Spiezio of Universal Waste Services, Frank Lopez, Delta Trucking, Inc., EAC Consulting Inc., Related Urban, Scott Miller of Opa- locka/Hialeah Flea Market, Sapoznik Insurance & Associates Inc., Regular Commission Meeting Minutes — 09/09/2015 1 and City of Opa -locka Police Department for their outstanding support and commitment to the City of Opa -locka Back to School Book Bag Giveaway. 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 -16 (Commissioner Santiago); 13 -2 (Commissioner Kelley); and 13 -10 (Commissioner Pinder). Mayor Taylor requested to defer agenda items 13 -4, 13 -5, and 13 -6. Clerk Flores stated that agenda items 13 -1 and 13 -12 are being deferred. In addition, agenda item 16132 and 16133 are being deferred until the September 23, 2015 Regular Commission Meeting. Attorney Brown said for the record agenda item 13 -1 is being removed by the City Manager and agenda item 13 -12 is being removed by Commissioner Pinder. 7. APPROVAL OF AGENDA: It was moved by Commissioner Santiago, seconded by Commissioner Pinder to approve the agenda, consent agenda and pull list. Vice Mayor Holmes said he cannot support this agenda because of what has happened over the last month. He will not support anything until he see a change in the city. 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 S. APPROVAL OF MINUTES: Regular Commission Meeting — 07/22/2015 It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting of July 22, 2015. There being no discussion, the motion passed by a 4 -1 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Regular Commission Meeting Minutes — 09/09/2015 2 Mayor Taylor Yes Special Commission Meeting — 07/30/2015 It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the minutes of the Special Commission Meeting of July 30, 2015. There being no 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 9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Commissioner Kelley said at some point he would like the City Manager to address the issue regarding agenda item 13 -1 which has been deferred. Commissioner Pinder asked if the Mayor can take Chairman's privilege to allow the City Manager to give a report on agenda item 13 -1 after the County Commissioners Report. Attorney Brown said the Commission has set the agenda and in order for it to be modified the Commission has to put a motion on the floor to allow discussion. Commissioner Kelley said he asked for the City Manager to address the issue under his point. Commissioner Pinder said he wants to add to Commissioner Kelley's request because they have children there and they have to get in bed for school in the morning and the City Manager's Report may come late. Commissioner Kelley said he does not have a problem with that. Mayor Taylor asked are there any objections. Commissioner Pinder said he does not have any objections. Vice Mayor Holmes said he object because he does not support anything on the agenda. Commissioner Santiago said he has no objections. Manager Shiver said over the last few days he tried to get some information relating to the building. He found a management contract in place with CDRE that was not properly advertised so he had to rescind that agreement with the Management Company. He then asked for information with the existing tenants to be conveyed to his office so he can review everything to Regular Commission Meeting Minutes — 09/09/2015 3 grasp the magnitude of the current rental roll and current lease agreements. They were not giving that information in a timely manner and to this day they don't have all of the documentations. There are several tenants in the building that have not paid rent since the city acquired the building. The city has a public asset with a bond that carries a debt service and it should be paid from rental receipts. As part of the review they found a lease or agreement that has taken place between Grace Academy and the Management Company. He met with representatives from Grace Academy for the first time today and they reviewed the lease and they have successfully been operating under a five year agreement that expired August 31St. They never performed under that lease from 2010 and according to the lease they never paid rent appropriately. They are still working on other legal issues but today giving the severity of the issue with children involved he thought it would be appropriate to work out something with them. He made them an offer that he can legally justify and recommend to the Commission. He does not want to discuss the details of the offer on the dais because they are dealing with other tenants as well. He offered the school to continue operation until the end of the school year. It is not his desire to remove the school during this year. In addition, he will offer the services of the city's staff to work with the school to try to find another location that will be more suitable for them. There is a bond covenant in the legal document that governs the mortgage and it will not allow them to rent the property under market value. If the Commission approves that type of lease on a long term period they will face the possibility of a foreclosure on the mortgage because they are violating the covenants of the ordinance. In May 2015 the school officials met with the previous City Manager and agreed to renew the lease between the City of Opa -locka and Grace Academy for the same term and current paid rate, however he have not seen any documentation. Also, the Management Company that was put in place by the previous City Manager was not approved by the City Commission. The last conversation they had he was told that representatives from Grace Academy will talk about it and get back to him and that has not taken place. Commissioner Santiago said this is going to open Pandora's Box. He said the kids have to finish this school year so whatever mistake someone made they have to find a way to keep the kids in school and it is not fair to them. Manager Shiver said the offer he made will take them through the school year. Attorney Brown said Mr. Shiver has given the Commission and the audience an idea of frame work. Vice Mayor Holmes said if the item was removed from the agenda, why is it being discussed? Mayor Taylor said several of her colleagues requested that the City Manager provide a report on this issue. Commissioner Kelley said he appreciates the Vice Mayor comments on protocol, but he did not want to leave the meeting without giving the parents, administrators, and community some framework. Regular Commission Meeting Minutes — 09/09/2015 4 Larry Gardner, of Miami -Dade County Commissioner Jordan's Office (District 1) came forward and informed the City Commission that the Commissioner is hosting the 2015 Hispanic Heritage Festival on September 19, 2015 at Country Village Park. Commissioner Santiago informed Mrs. Gardner that the City of Opa -locka will be having a Hispanic Heritage Festival on October 10, 2015 and everyone is invited. In addition, he requested the stage and bleachers from the county. Vice Mayor Holmes asked for an update on the buses. Mr. Gardner said the last update was that they were supposed to receive new buses, but he will provide an update. Melonie Burke, of Miami -Dade County Chairman Monestime's Office (District 2) came forward and said she does not have a report at this time, but the Chairman sends his blessings. Vice Mayor Holmes suggested that Ms. Burke work with Mr. Gardner in an effort to get buses for the city. 10. PUBLIC PRESENTATION: 11. CITIZENS' FORUM: 1. Alvin Burke of 1240 Jann Avenue, Opa- locka, Florida, appeared before the City Commission and said for several years he have been coming to the Commission Meetings voicing his opinion because he care for his city, never once he came before the Commission grandstanding. He takes time to come to the meetings because he cares about the city. He was accused of grandstanding before the Commission and that has never been his intention. He will continue to appear before the Commission and voice his concerns. He does not think it's appropriate for someone who just got to the city to accuse him of grandstanding. He said a few meetings ago there was discussion that they did not want package stores or night clubs in the city, now they are amending the city's code by creating an article to bring message therapy establishments. With massage parlors comes human trafficking, they are a front for prostitution. 2. Joe Celestine of DC & Joe Celestin Civil Engineer and General Builder appeared before the City Commission and said his firm is one of the responders to agenda item 13 -2 which is subject to a discussion by the City Commission. He requested to deliver a package to the City Clerk. His company responded to an RFP /RFQ that the City of Opa -locka advertised for Water & Sewer Stormwater and Drainage. This contract is funded by the State and it was advertised in the beginning of the year and all bids were rejected then re- advertised again. The second time there were 4 or 5 responders and his firm was the lowest responsive bidder on the contract with a price of approximately $2 Million Dollars. The City of Opa -locka administration recommended awarding the contract not to his firm which was deemed the lowest responsive bidder, but to another firm that came in $2 Million Dollars higher than his price. The day his bid was dropped off, staff decided not to open his bid because he did not like the binder on the package. He has evidence by the State of Florida and Miami -Dade County that Condotte Kailas does not have a Regular Commission Meeting Minutes — 09/09/2015 5 license to practice and they are not a construction company. He is looking for equality, he submitted the bid in good faith and he put up $10 Million Dollars cash to guarantee his performance on the project. He asked that the City Commission do the right thing. Commissioner Pinder asked the City Attorney does agenda item 15134 prohibits or not prohibits Massage Parlors? Attorney Brown said the ordinance speaks for itself and it's subject to interpretation by whoever wants to interpret it. If you understand the nature and intent behind the ordinance, it is never to permit massage parlors for the purpose of prostitution. It set up penalties and enforcement to prevent prostitution and human trafficking. 3. (Inaudible) appeared before the City Commission and requested the removal of the liquor store time restrictions because it is killing the business owners and they are unable to generate jobs for the residents. 4. Deborah Sheffield Irby of 14202 NW 17th Avenue, Opa- locka, Florida, appeared before the City Commission and said she was born on July 23, 1951 in the triangle, one of the worse areas in the city. She has seen very bad things as a child that some people will never believe. She lived there for 10 years then moved to the 22nd Avenue Apartment then her parents later purchased a home on Rutland Street and she lived there until she was 19 years old. The first time she attended a Commission Meeting was in 1985 when she came to complain because she lived on the corner of Rutland Street and back then it was a disaster. In the late 80's Commissioner Mary Allen asked her to do work in the community and they walked the community and planted seeds that they will never partake of just like the Commission have planted seeds that they will not partake of because they are for future generations to enjoy. From 1991 until 1993 she served as the Assistant City Clerk and from 1994 until 2012 she served as the City Clerk for the City of Opa -locka so no one can ever tell her she's grandstanding because she does not have to grandstand. She can walk the streets of Opa -locka with her eyes closed. If she has a concern then she will voice her concerns just like every citizen in the community has the right to do. Contracts get torn apart all the time, they destroyed hers but she didn't jump on anybody and say they were grandstanding. This is a predominately black community, don't ever refer to her a "You People ", that's a derogatory term. She further said she is not feeling good about the way they left the situation regarding Grace Academy. The City Manager does not know a lot about this issue, but CBRE the Management Company collected a lot of money from tenants and nothing was turned in to the city. Mrs. Ferguson paid money so she requested that they look into the situation before they make harsh decisions that can put children out of school and that will be one of the biggest disasters that ever came across the city. 5. Dorothy Johnson of 13724 NW 22nd Place, Opa- locka, Florida, appeared before the City Commission and said agenda item 13 -12 was removed, but when she was a Commissioner that was one of the things they all agreed on. They need a location within the city's boundaries for citizens to take their trash. She requested that they reconsider and find a location. She further Regular Commission Meeting Minutes — 09/09/2015 6 said she does not know what's going on with the water bills, but her bill increased from $75 to over $100. She said she is seeing the same behavior when it comes down to the bidding committee. When she was an Elected Official she suggested that when the committee made a recommendation the leaders need to go on sunbiz to make sure the companies are legal. In addition, when the citizens need clarification the Commission has to give it to them because the information the citizens receive is different. She is trying to bring a group of investors to invest in a project that she mentioned to several of the Commissioners and she hope they get it together because the city need to the resources. 6. Shantel Ferguson of 780 Fisherman Street, Ste. 210, Opa- locka, Florida, appeared before the City Commission and thanked the City of Opa -locka for the opportunity to partner with them for the past five years. She said she received a telephone call on yesterday afternoon from Ms. Rose regarding a meeting this morning. During the meeting she was given ultimatums which were to get out in 30 days or a 6 month contract of which she have been endlessly reaching out to the City of Opa -locka since May. She has made several attempts to address the lease issue. She made payments to CBRE and she refuse to make further payments until the issue concerning her lease is addressed, however she does intend on paying the City of Opa- locka. She was given information by the Former City Manager and he told her she was going to have a 3 year contract then she was told something different so she does not trust having a 6 month contract. In addition, during the meeting she was insulted, disrespected, and violated by the City Manager. After meeting with the City Manager she was told that she will be evicted because she's violating several laws and she was given an ultimatum to call back today by the close of business to give a response to a lease that was never furnished. 7. Eric Redmon of 2766 NW 131St Street, Opa- locka, Florida, appeared before the City Commission and said he has a child at Grace Academy and he's demanding that the City Manager do whatever it takes to keep the school in the city. They have aided in so many endeavors and their quality of education is outstanding. He requested that the City Commission do something so the Civil Service Board can start meeting. Things are happening to the employees that the union is not taking care of in its proper perspective so they need a safe haven. He further said during the storm the Public Works Department was prepared and he would like to commend them for having everything in place. He asked, why the Commission Meetings are not airing on OpaTV during the week? 8. Sandra Ali of 403 Fisherman Street, Opa- locka, Florida, appeared before the City Commission and asked, how the city deals with the homeless? She said a family of 6 has been dumped on her organization and they have been displaced with two small kids who are missing school. She put the family in a hotel at her own expense because she cannot find homeless housing for them. Commissioner Pinder gave her the telephone number to call someone at the City of Opa -locka and someone the following morning Ms. Wilcox called her back and to this Regular Commission Meeting Minutes = 09/09/2015 7 day she have not heard anything else. She knows that it is tough being homeless from personal experience. 9. Steven Barrett of 633 Sharar Avenue, Opa- locka, Florida, appeared before the City Commission and said when the previous owners owned City Hall they had parking space for the citizens, now there is no parking. There are 3 parking spaces for utility customers, 1 handicap parking, 2 for the school, and the rest of the parking is taken by the city. Staff parks city vehicles in the front and a black Chrysler vehicle parks in the handicap parking all day. He asked, how many African American contractors work for the city. To his knowledge the city does not have any African American contractors. 10. Miriam Romo Fowler appeared before the City Commission and said her children attend Grace Academy. She said something has to be done in order for the children to finish the school year at Grace Academy. Her daughter is an auditory learner; she has to be in an Individualized Educational Program and since she started attending Grace Academy her scholastics has improved. She is distraught thinking her daughter may be displaced again because there is no resolution with the City of Opa -locka and Grace Academy. There must be some way they can make an exception to the rule when it comes to children and their future. 11. Jacqueline (Inaudible) appeared before the City Commission to support Grace Academy. This is the second year her children have attended Grace Academy and her kids have had learning disabilities in different aspects. Every child learns different and since he have been attending Grace Academy they found a way to teach him, with that being said she was honored to announce that her son made the Honor Roll last school year. Her other son was diagnosed with ADHD and with the help of the school they were able to wing him off the medication and he is now the President of his 4th Grade class and the Art Student of the Month. 12. ACTION ITEMS (items from consent agenda pull list): 1. (13 -2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO REJECT ALL BIDS RECEIVED FOR DESIGN BUILD SERVICE FOR ZONES 1 AND 2 AND TO INITIATE A NEW SOLICIATION PROCESS; 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 Kelley made reference to section 2 of the resolution which authorizes the issuance of a new RFP process. He asked, if the resolution is passed, what process will be used or will the process come back before the Commission prior to the RFP being issued? Attorney Brown said the previous Interim City Manager sent a two -step solicitation process to Tallahassee. One was a pool of qualified bidders and the second step was a design and price Regular Commission Meeting Minutes — 09/09/2015 8 proposal. The current City Manager would like an opportunity to review it and make a determination as to what is the process for the city. The rejection of bids originated from the prior City Manager, Mr. Baker then it came from Mr. Brown and Mr. Shiver is picking up from where they left off. Mayor Taylor asked, why is it on the agenda? Manager Shiver said he have to reject all bids to properly get it back out on the streets and redefine the process. There is a lot of scrutiny that is taking place from Tallahassee on the city's entire process. The monies they have procured are in jeopardy if they don't define the process properly. There have been some inconsistencies in the prior selection process. This project has to go back and be blessed by the state. Commissioner Kelley said the Commission went through the process and they wanted to look at it then send it to the State of review. He asked, are they going back opposite of that process? Manager Shiver said they are working with the state and EAC on trying to put together a process that is acceptable. They will still come back to the Commission with a final process for their blessings. Commissioner Kelley said he appreciate what the Manager said, however he does not see that in section 2. He requested an amendment to include that the City Manager will bring the process back to the City Commission. He asked will the new law that passed in Tallahassee regarding hiring, will that fall into this? Attorney Brown said under the new State law that prohibits a local preference requirement on residency or business location within the city, if 50% or more of the funds are State dollars you cannot use a local preference requirement, therefore any new solicitation that goes out will not include the local preference requirement. Commissioner Kelley said he does not like the fact that they did not capture the new law to get everything out on the street ahead of it. With that being said since they cannot use that as criteria he does hope they will do whatever is in their power to make sure they understand the importance of hiring local residents for anything that goes out. Manager Shiver said he does not have a problem with amending the legislation so the process can be brought back to the Commission, transparency is important. Commissioner Santiago said before they make any amendments he would like to be clear of what position the city is in with sending the bid back out when it has been done twice. He said they had a problem with the administration, but no one did anything about it. They spent money twice to send this project out. He asked, why the lowest bidder always has a problem with being awarded and what is the problem they had in the past with this project? Attorney Brown said Thomas Montgomery appeared before the City Commission and told the Commission that whatever the Selection Committee findings are that is what they have to go Regular Commission Meeting Minutes — 09/09/2015 9 with or risk losing state funding. In essence he said this Commission cannot override the authority or the selection of the Selection Committee. In addition, you cannot put minority hiring preferences on contracts. If the Commission directs minority preference hiring then each Commissioner can personally be held liable. Commissioner Pinder said he recall an agenda item regarding towing services and they wanted to change it to a four person rotation and it was said if they keep putting the project out and do a four person rotation then everyone will see the numbers. He asked, how is it fair for other companies to respond if everyone has seen the number? If what the speaker is saying is correct, either the committee or the City Attorney's Office did not verify that this company should have won. If you cannot google a company and go on sunbiz to find out if a company is incorporated then that's a problem. Attorney Brown said his job is to review the bid protest and make a determination based on the protest before them. He did a very thorough job reviewing the bid and he stands by the work his firm have done. Manager Shiver said this is not a new process, projects of this magnitude are bided out and protests are made. The bigger issues are the requirements of DEP and the severity of possibly losing the money if they don't adhere to the process in place. Commissioner Kelley said he will support the resolution to reject but he would still like to make an amendment for the process to come back to the Commission for approval. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to amend the resolution to add a section 3 to read as follows: The City hereby rejects all bid submitted in connection with zone 1 and 2 stormwater, drinking water, waste water construction project. The City Manager is hereby directed to develop and bring back to the City Commission a solicitation procurement process to be approved by the City Commission before zones 1 and 2 are re- advertised. Vice Mayor Holmes said this is one of the reasons he is not supporting anything on the agenda. There being no further discussion, the amendment passed by a 4 -1 vote. Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 3 -2 vote. Commissioner Santiago No Vice Mayor Holmes No Commissioner Kelley Yes Regular Commission Meeting Minutes — 09/09/2015 10 Commissioner Pinder Yes Mayor Taylor Yes 2. (13 -10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING STAFF TO REQUEST THAT THE US ARMY CORPS OF ENGINEERS DEMOLISH THE WATER TANK LOCATED AT NW 128TH STREET AND 45TH AVENUE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. The above resolution was read by title by Attorney Brown. Commissioner Pinder said he had a discussion with the City Attorney prior to the meeting that there seems to be a scrivener's error because he does not have the ability to direct staff to do anything. The word "Staff' should read "City Manager ". It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the resolution. Commissioner Pinder said he pulled the item because he was given an assignment to find a location for the city's trash station and he did find one with the previous City Manager, but unfortunately the easement area is not conducive with what needs to be done. Behind the front there is an old tanker well and if they can knock it down then they will have an appropriate place for the transfer station. Of course he is always looking for something that is not a cost to the city that's why he is requesting the assistance of the US Army Corps. Commissioner Kelley said he is in support of the resolution. He asked, the sponsor is there a timeframe in place? Commissioner Pinder the timeframe is within the next month. There being no further discussion, the resolution passed by a 4 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Vice Mayor Holmes Out of Room Commissioner Santiago Yes Mayor Taylor Yes 3. (13 -16) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY CLERK TO IMPLEMENT THE PAPERLESS AGENDA POLICY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C. C. The above resolution was read by title by Attorney Brown. Regular Commission Meeting Minutes — 09/09/2015 11 It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the resolution. Commissioner Pinder commended the Clerk's Office and he has been working with the clerk for about five months including workshops and he thanks the City Clerk and her staff for putting this into flourishing. Commissioner Santiago asked, did they have a workshop for Paperless Agenda? Clerk Flores replied, yes. Commissioner Santiago asked, will they be purchasing new equipment for the Commissioners? Clerk Flores replied, yes. Commissioner Santiago said he has to be sure because the city has a problem with the budget and they are spending money. They have to be very careful of their spending. Commissioner Kelley said he agrees, they need to look at the finances. As the workshop pointed out going paperless will save money in the long run. He does think they move towards the direction of paperless but make sure everyone is on the same page. There being no further discussion, the resolution passed by a 4- 1vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor Yes 13. CONSENT AGENDA: (13 -1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE LEASE BETWEEN THE CITY AND GRACE ACADEMY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Manager Shiver deleted item 13 -1. (13 -3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC TO INITIATE EMINENT DOMAIN PROCEEDINGS ON BEHALF OF THE CITY OF OPA -LOCKA TO SECURE EASEMENTS ON THE CAIRO LANE PROPERTY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Regular Commission Meeting Minutes — 09/09/2015 12 (13 -4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, INCREASING THE BUDGET FOR THE STATE OF THE CITY ADDRESS TO $25,000; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M. T. Mayor Taylor deferred item 13 -4 (13 -5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING A POLICY FOR THE SELECTION OF OFFICE LOCATIONS FOR ELECTED OFFICIALS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M. T. Mayor Taylor deferred item 13 -5 (13 -6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING A POLICY FOR THE SELECTION OF SEATING ON THE COMMISSION DAIS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M. T. Mayor Taylor deferred item 13 -6 (13 -7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ADVERTISE ALL CITY RELATED AND SPONSORED EVENTS ON THE CITY'S WEBSITE, AT THE GATEWAY AND ON OPA -TV WITHOUT HAVING TO HAVE A REQUEST BEING MADE TO DO SO; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by JX (13 -8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE GRANT COORDINATOR AND POLICE CHIEF TO SEEK FUNDING FOR DASH CAMERAS FOR POLICE VEHICLES AND BODY CAMERAS FOR POLICE OFFICERS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13 -9) 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, FLORIDAAUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY TO PROVIDE A SUPPORT TEAM FOR THE HUMAN RESOURCES DEPARTMENT'S HIRING PROCESS, PHYSICAL, TESTINGS, ETC.; SEEK ASSISTANCE FOR THE OVERALL OPERATION OF Regular Commission Meeting Minutes — 09/09/2015 13 CODE ENFORCEMENT; SEEK TECHNICAL ASSISTANCE FROM THE OFFICE OF BUDGET MANAGEMENT TO ESTABLISH PROCEDURES IN PREPARING, PROJECTING AND MONITORING / OVERSIGHT OF BUDGET AND SEEK ASSITANCE FOR FINANCE DEPARTMENT OVERALL / OPERATION AND SEEK ASSISTANCE FROM MIAMI -DADE POLICE DEPARTMENT IN RELATION TO THE RATIO COMMAND STAFF (SUPERVISORS) TO POLICE OFFICERS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13 -11) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DESIGNTATING ELECTED AND APPOINTED OFFICIAL PARKING ON THE EAST SIDE OF PERVIZ AVENUE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. (13 -12) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING STAFF TO STUDY THE PLACEMENT OF A TRANSFER CENTER TO BE LOCATED AT 2350 NW 149TH STREET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. Commissioner Pinder deleted Agenda Item 13 -12 (13 -13) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO SEEK GRANT FUNDING TO ASSIST SENIOR CITIZEN RESIDENTS OF OPA- LOCKA, FL, WITH THE PAYMENT OF DELINQUENT WATER BILLS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. (13 -14) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP TO INITIATE EVICTION PROCEEDINGS OF TENANTS OF TOWN CENTER ONE, 780 FISHERMAN STREET, OPA- LOCKA, FL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. (13 -15) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE BROWN LAW GROUP, LLC' S INITIATION OF A LITIGATION TO FORECLOSE ON MUNICIPAL CLAIMS OF LIENS AGAINST MILLER LEGG CAPTIAL HOLDINGS, LLC ON THE PROPERTY LOCATED AT 1700 SERVICE ROAD, THE CLAIM AMOUNT OF WHICH IS ESTIMATED AT $1.7M; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass items 3, 7, 8, 9, 11, 13, 14 and 15 of the consent agenda. Regular Commission Meeting Minutes — 09/09/2015 14 The motion passed by a 4 -1 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 14. NEW ITEMS: 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: B. SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, 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 (first reading held on July 22, 2015). Sponsored by CC /CA 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 Kelley to pass the above ordinance. Commissioner Kelley said he had a concern regarding emergency meetings and he does not see it included. Manager Shiver said this legislation gives the City Commission the final say so, but he would like to change the timeframe for the agenda items. It currently has a two week period and he thinks one week is sufficient. Clerk Flores referred to section 2, subsection 1. She said the Appointed Officials met and agreed the language should be changed to 1 week prior to the date of the Commission Meeting. Regular Commission Meeting Minutes — 09/09/2015 15 Attorney Brown said the changes have been made to the item and the title of the ordinance did not change. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to amend the ordinance to change the deadline date for agenda items. The deadline to submit agenda items should be no later than 12:00 noon one week prior to the Commission Meeting. There being no further discussion, the amendment passed by a 4 -1 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes There being no further discussion, the ordinance passed by a 3 -2 vote. Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 2. AN ORDINANCE 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, CLUBS AND OTHER ESTABLISHMENTS THAT SELL ALCOHOL FROM OPERATING IN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 22, 2015). Sponsored by L.S. Commissioner Santiago deferred item 16132 until the September 23, 2015 Regular Commission Meeting. 3. AN ORDINANCE 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 (first reading held on July 22, 2015). Sponsored by C.M. Manager Shiver deferred item 16133 until the September 23, 2015 Regular Commission Meeting. 4. 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 Regular Commission Meeting Minutes — 09/09/2015 16 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. 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 4. AN ORDINANCE 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, "LICENSE AND BUSINESS REGULATIONS "; PROVIDING ADDITIONAL OPERATIONAL STANDARDS FOR MASSAGE THERAPY ESTABLISHMENTS AND ADDRESS HUMAN TRAFFICKING ACTIVITIES; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR INCORPORATION INTO THE CITY CODE; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 22, 2015). Sponsored by T.P. 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. Commissioner Kelley commended Commissioner Pinder on sponsoring the above legislation. Mayor Taylor commended Commissioner Pinder on sponsoring the legislation. She said Human Trafficking is on the rise. There being no further discussion, the ordinance passed by a 4 -1 vote. Regular Commission Meeting Minutes — 09/09/2015 17 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: Manager Shiver said he have been diligently looking at the budget. The Budget Hearing scheduled for tomorrow is a budget that was prepared by the previous administration and at this point he has found some things he does not agree with and he will need additional information to solidify that budget. He reached out to a very experienced Financial Analyst who have done significant work in Miami -Dade County and his name is Larry Spring. He is working at some things structurally in the organization to close the budget gap. There has been a practice of borrowing money and he does not like doing that. Commissioner Santiago asked the City Manager to keep Grace Academy alive because the children need a school. He requested a report on all the meters installed in the city. In addition, he said the citizens are not able to watch the meetings live on channel 77. Vice Mayor Holmes asked, why are the flags down? Manager Shiver said it is an oversight on his part and he will take care of it right away. Commissioner Kelley said he echo the same concerns as Commissioner Santiago regarding Grace Academy. He went on to say employee morale is tremendously down and they have to do something to address it and make the employees feel appreciated. Mayor Taylor directed the City Manager to address the flooding situation citywide. 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: Commissioner Kelley said he have been meeting with the CIP Department regarding new sidewalks and road repairs. They have identified some areas in the residential areas because they have to be funded from PTP Dollars. He announced that he hosted a Town Hall Meeting on the re- opening of the CET Program. The Fun Day will be held on September 19tH Feeding South Florida Food Distribution is held on the 3`d Friday of the month at 10:00 a.m. at Segal Park. Regular Commission Meeting Minutes — 09/09/2015 18 Meet Me Monday Meetings are held on the 2nd Monday of the month at 6:00 p.m. at various locations throughout the city. He will be starting virtual Town Hall Meetings on October 1st in an effort to reach out to people who cannot attend the meetings. Vice Mayor Holmes said he had a brief conversation with the City Manager and he said he has good things in mind for the City of Opa -locka and the Police Department is one. When he see those things moving he will support him. Commissioner Santiago announced that Bingo will be held on the last Friday of the month at 6:00 p.m. and it is being sponsored by Opa- locka/Hialeah Flea- Market. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Santiago, seconded by Commissioner Pinder to adjourn the meeting at 9:51 p.m. Regular Commission Meeting Minutes — 09/09/2015 19