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HomeMy Public PortalAbout01-January 13, 2016 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,January 13,2016 7:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00p.m. on Wednesday, January 13, 2016 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa- locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Mayor Myra L. Taylor, Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, Commissioner Terence K. Pinder, and Commissioner Luis B. Santiago. Also in attendance were: Interim City Manager David Chiverton, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Vice Mayor Timothy Holmes. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: There was nothing to present at this time. 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: pulled 2, 3, and 12 (Commissioner Kelley); Request to amend the agenda as follows: NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, EXTENDING THE TIME REQUIRED TO SUBMIT A FINANCIAL RECOVERY PLAN TO THE GOVERNOR OF THE STATE OF FLORIDA FROM JANUARY 14, 2016 TO FEBRUARY 16, 2016; PROVIDING FOR Regular Commission Meeting Minutes—1/13/2016 1 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor & City Commission It was moved by Commissioner Pinder, seconded by Commissioner Kelley to amend the agenda to include the above resolution as item 14-1. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vic Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes City Attorney Brown advised Mayor Taylor that Item 3 had already been deferred so it cannot be pulled by Commissioner Kelley. 7. APPROVAL OF AGENDA: It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the agenda, consent agenda and pull list. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting— 11/19/2015 It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to approve the minutes of the Special Commission Meeting on November 19, 2015. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes Special Commission Meeting— 11/24/2015 It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to approve the minutes of the Special Commission Meeting on November 24, 2015. Regular Commission Meeting Minutes—1/13/2016 2 There being no discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Special Commission Meeting— 12/03/2015 It was moved by Commissioner Pinder, seconded by Commissioner Kelley to approve the minutes of the Special Commission Meeting on December 3, 2015. There being no discussion, the motion passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes Regular Commission Meeting— 12/09/2015 It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting on December 9, 2015. There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardener, District I, said the applications for the Mom & Pop Grant will be available starting from January 19, 2016 until February 3, 2016; the application can be downloaded online; or be available at the District office 2780 NW 167 Street. There will also be a workshop at the North Dade Regional Branch Library on February 3, 2016; it is mandatory for business owners to attend. Commissioner Pinder thanked Commissioner Jordan's Office for the report and put on the record that all correspondences regarding the bus be directed to Vice Mayor Holmes since he started the initiative. Mayor Taylor asked to be forwarded a copy of any of those correspondences. Commissioner Pinder said that the clerk's office provides copies to the dais but it should be for Vice Mayor Holmes to handle. Regular Commission Meeting Minutes—1/13/2016 3 There were no reports from District II. 10. PUBLIC PRESENTATION: Sandra Gipson, The Metropolitan Dade Director of The National Council of Negro Women, said that on December 19, 2015, a plaque was presented to the City of Opa-locka thanking the City for its continued support of the council. She thanked The Commission again for their continued support. Mayor Taylor acknowledged Mother 011ie B. Kelley for founding and sponsoring the MLK Walk over thirty years ago and continuing to keep it as a walk and not a parade or anything else, just a walk of remembrance. She said that she received complaints from the Hispanic community that they were not included on the flyer for the advertisement for the walk. She apologized and stated that the reverend Dr. Martin Luther King Jr., stood for all people and no one was left out on purpose. Commissioner Kelley said that in no way was any of the advertisement done to exclude anyone. He said that the signs and flyers were old and to save money only the dates were changed on them. He said that if anyone was offended in any way shape, form, or fashion, he apologizes to them sincerely. 11. CITIZENS' INPUT: Alvin Burke, said that the City should not be paying fifteen to twenty thousand dollars ($15,000.00 - $20,000.00) on The State of the City Address. He said that he is sad because the community already knows the state of the City. The dais has betrayed the trust of the community. Residents are saying to recall the mayor. But the mayor does not need to be recalled because the community did not vote for a strong mayor. The entire dais needs to go, not just the mayor. He said that Commissioner Santiago stated that the dais needs to know when monies are being moved around, but that is what should have been going on from the get go. The citizens received letters from an attorney when the water bills were late; you turn the resident's water off and didn't even pay Miami Dade County. It's not fair. He said that the mayor has no more power than any of the commissioners; she should not know more or do more than the rest. If the dais wants to sit there and let the mayor run around them, then that is their business. He said the commission needs to hold themselves accountable. They were voted in by the people and that's where their loyalty needs to be, to the people. He said that the Jackson Hospital facility would have been great for the city. He said that if 2016 is going to start off right then the City should not spend money on the State of the City Address or extending Universal Waste Services. Mayor Taylor said that Melanie Burke, District II, was stuck in traffic and may not make it to the meeting. She asked the clerk if there were any reports from District II to which City Clerk Flores replied that there was none. Eric Redmon, Villa Francine, said that he hopes the dais really looks into the situation with Villa Francine since it is an agenda. He said that he is happy with what Interim City Manager Chiverton is doing and the direction in which he is taking the City. He said that he hopes the resolution regarding Interim City Manager Chiverton's increase will pass. It will take time to get the City back to where it used to be but it can be done. Regular Commission Meeting Minutes—1/13/2016 4 Cedric Carrera, 1306 Dunad Avenue, said that his water bills are too high and he was told that his bills were being estimated. The City told him they would send someone out but no one ever showed up. He was on a payment plan and that does not solve the problem because the bills are still coming too high. There needs to be a solution for the problem because he cannot afford the payment plan or to continue paying high water bills. There being no further persons to speak, Mayor Taylor closed citizens forum. 12. ACTION ITEMS: 13-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA,AUTHORIZING THE INCREASE IN SALARY OF THE INTERIM CITY MANAGER, DAVID CHIVERTON, EFFECTIVE IMMEDIATELY, PAYMENTS ARE TO BE MADE RETROACTIVE TO THE DATE HE BEGAN AS CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by L.S. The above resolution was read by title by Attorney Brown. It was moved for discussion by Commissioner Santiago, seconded by Commissioner Kelley. Commissioner Kelley said that while he was not at the last meeting, he did watch it afterwards to get an idea of what the conversation was like. He does not like to discuss other people's salaries in public, but it needs to be addressed. While he has no issues with Interim City Manager Chiverton, and he knows he has a lot on his plate, the increase amount is too much at this time with the City being in a financial crisis. Commissioner Pinder said he somewhat agrees with Commissioner Kelley, but the twenty five thousand dollars ($25,000.00) divided by twelve (12) months is not that much. Because of the actions of the dais, the City is still paying Mr. Shiver every two weeks to this day. Interim City Manager Chiverton has a mountain of work that he has to do by himself so that is not a huge amount. Commissioner Santiago said that he is ready to vote and there is nothing else to discuss. He said he brought the item back because before there were two managers earning top salary, so one person getting the increase shouldn't be too much. He told Interim City Manager Chiverton that he believes he deserves the increase. Vice Mayor Holmes said that he is hesitant to vote because the amount is high. He said he is not against Interim City Manager Chiverton receiving the increase, he wants to see results. He wants the financial issues fixed and the employees taken care of. He said that he will see what is going to be done and if in the next six months he does not see any changes, he is going to bring a different resolution to the dais. There being no further discussion, the motion passed on the resolution by a 4-1 vote. Vice Mayor Holmes Yes Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago Yes Regular Commission Meeting Minutes—1/13/2016 5 Mayor Taylor Yes 13-12: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, IMPOSING A 90 DAY MORATORIUM ON CERTAIN CITY SPENDING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above resolution was read by title by Attorney Brown. It was moved for discussion by Commissioner Pinder, and seconded by Commissioner Kelley. Commissioner Pinder said that he was under the impression that everyone was on the same page in terms of the spending and what is going on with the financial situation. With that being said, he wants to know what the sponsor is suggesting since there is already steps being taken to insure the financial stability of the City. Commissioner Santiago said that the City needs to make sacrifices to saves more money. He said that every City has to have a State of the City Address but we need to keep it simple. He said that the cars, car insurance, and gas bills are high. Events can be done by obtaining money from the outside. Costs have to be cut to help with the crisis. Commissioner Pinder said that the resolution is vague and does not properly explain or go into detail about what exactly it is the moratorium will be on. He suggested that the sponsor goes back and provide details on what the spending cuts should be. Commissioner Kelley said that he understands that the City has to cut back on spending but how is it determined what is to be cut. He said that the resolution is not clear and may tie the hands of the Commission if they need to travel or have in town obligations. He said how will they know what they can and cannot do if there is a moratorium in place. Mayor Taylor asked Commissioner Santiago if he would like to defer the item to which Commissioner Santiago said "no". Commissioner Santiago said the he wants the City to go ninety days (90) without unnecessary spending or travel to save money. There being no further discussion, the motion on the resolution failed by a 1-4 vote. Commissioner Kelley No Commissioner Pinder No Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor No 13. CONSENT AGENDA: 13-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, OPPOSING HOUSE BILL 4031 OR SIMILAR LEGISLATION THAT WOULD PERMIT OPEN CARRY OF HANDGUNS OR CONCEALED CARRY OF WEAPONS OR FIREARMS INTO A MEETING OF THE GOVERNING BODY OF Regular Commission Meeting Minutes—1/13/2016 6 A MUNICIPALITY BY A CONCEALED CARRY LICENSE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to pass the resolution. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 13-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SUPPORTING THE ADEQUATE FUNDING OF THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. 13-5: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (EXHIBIT "A") WITH FARM SHARE, INC.; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. 13-6: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY ATTORNEY TO EXPLORE LEGAL MEASURES AVAILABLE TO THE RESIDENTS AND HOMEOWNERS OF VILLA FRANCINE AGAINST THE DEVELOPERS AND HOMEOWNERS ASSOCIATION OF VILLA FRANCINE, EFFECTIVE IMMEDIATELY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. 13-7: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO ACCEPT THE VOLUNTARY RESTRICTIONS ON COMIISIONER TERENCE PINDER'S TRAVEL ALLOWANCE AND USE OF HIS CITY CREDIT CARD; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. 13-8: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE MANAGER TO ENGAGE IN NEGOTIATING A LOWER MONTHLY PAYMENT AMOUNT FOR COMMISSIONER TERENCE PINDER'S CITY ASSIGNED VEHICLE, A 2015 CHEVY TAHOE, WHICHHAS A CURRENT MONTHLY AMOUNT OF SIX HUNDRED EIGHTY-TWO DOLLARS AND NINETY CENTS ($682.90); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. Regular Commission Meeting Minutes—1/13/2016 7 13-9: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION WITH A DATE CERTAIN BY WHICH THE BUDGET ADJUSTMENTS FOR THE FISCAL YEAR 2015-2016 WILL BE SUBMITTED; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.P. 13-10: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY CLERK TO RE-POLL CITY COMMISSIONERS AT LEAST FOUR (4) HOURS BEFORE A SCHEDULED SPECIAL MEETING IS HELD TO CONFIRM THE ESTABLISHMENT OF A QUORUM; EFFECTIVE IMMEDIATELY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. 13-11: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY MANAGER TO NOTIFY THE CITY COMMISSION OF ANY TRANSFERS OF FUNDS FROM STATE, COUNTY, FEDERAL OR ENTERPRISE RESTRICTED ACCOUNTS PRIOR TO THE TRANSFERS BEING MADE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Kelley to pass the consent agenda resolutions. The motion on the consent agenda resolutions passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 14. NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, EXTENDING THE TIME REQUIRED TO SUBMIT A FINANCIAL RECOVERY PLAN TO THE GOVERNOR OF THE STATE OF FLORIDA FROM JANUARY 14, 2016 TO FEBRUARY 16, 2016; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission. The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for citizen's input. There being no persons to speak, Mayor Taylor closed citizens input. It was moved by Commissioner Kelley, seconded by Commissioner Pinder. Regular Commission Meeting Minutes—1/13/2016 8 There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCES(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 13-26 EXTENDING THE FRANCHISE AGREEMENT WITH RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICE UNIVERSAL WASTE SERVICES; 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 City Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the ordinance. Commissioner Kelley said that he does not support the ordinance because he asked Interim City Manager Chiverton for information as to the long term impact of dealing with the service. He does not know how the budget will be affected. Commissioner Pinder said that in the past the contract had been awarded to Ecological Recycling who at the time had hired eighty (80) residents to work at the plant. They have since gone out of business. Between UWS and ecological, the City collected over three hundred and thirty four thousand dollars in franchise fees. If the contract is lowered then the franchise fees will be lower and the City will not benefit from collecting the funds. He is proposing that a bid be put out and UWS can apply and then the City can benefit by collecting the fees to help the budget. Vice Mayor Holmes seconded the motion to put the item out for bid. City Attorney Brown said that he wants to be clear as to the will of the commission. A vote needs to be done on the ordinance first and then the motion can be made and voted on to put it out for bid. Interim City Manager Chiverton clarified that the information that Commissioner Pinder was expounding on came from the City Manager's Office from the history of the previous contracts. The numbers match. Regular Commission Meeting Minutes—1/13/2016 9 Commissioner Kelley is concerned that if the dais goes along with the agreement then if the revenues from the franchise fees are lowered then the budget will have to be lowered because the City would not be collecting the higher fees. Interim City Manager Chiverton agreed that the budget would have to be reduced. Commissioner Santiago said he does not understand why they need to send the contract out for bid. Interim City Manager Chiverton informed Commissioner Santiago that the contract will be expired in 2016 and will need to go out for bid by procedure. Commissioner Santiago said that he prefers to wait until the next meeting to make a move. Commissioner Pinder said they cannot wait any longer as this is a half of a million dollar issue. He said if the ordinance is deferred or failed, he is requesting that Interim City Manager Chiverton bring back the item. There being no further discussion, the motion on the ordinance failed by a 1-4 vote. Vice Mayor Holmes No Commissioner Kelley No Commissioner Pinder No Commissioner Santiago Yes Mayor Taylor No A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ISSUE AN RFP FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE DISPOSAL AND COLLECTION SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Commission. The above resolution was read by title by Attorney Brown. Mayor Taylor said that she wants a date set to send out the RFP as soon as possible. Commissioner Kelley said that the mayor needs to make sure that everything is in order before putting anything out immediately. It might be put out there and it may be too late to do anything about it if anyone on the dais takes issue with it. He suggested that they readdress it at the next meeting. Mayor Taylor said that she does not want it to sit for a month or two; she agreed to revisit it at the next meeting. City Attorney Brown revised the resolution. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO BRING BACK AN RFP FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE DISPOSAL AND COLLECTION Regular Commission Meeting Minutes—1/13/2016 10 SERVICES WITHIN FOURTEEN DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission. The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to pass the resolution. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Out of Room Vice Mayor Holmes Yes Mayor Taylor Yes B. SECOND READING ORDINANCES(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 11-17 OF ORDINANCE NO. 15-16, CREATING CHAPTER 11-17(A) ADDING A NOTICE REQUIREMENT TO THE CITY AND THE NUMBER OF TIMES A PROPERTY OWNER MAY CALL REGARDING ILLEGAL DUMPING TO AVOID BEING ISSUED A CITATION OR FINE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on October 28, 2015). Sponsored by C.M. The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for public hearing. There were no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the ordinance. Commissioner Kelley said that he knows apart of the beautification efforts involves keeping the City clean. Residents and businesses are concerned that they will be fined if they report garbage that is randomly on the right-of-way. He asked the attorney how they go about handling the situation. City Attorney Brown said the owners are responsible to police the swell area around their property. They are to maintain the area and report illegal dumping. Commissioner Kelley said that he wants clarity with what is being decided with the ordinance so that they can fully understand what is being implemented by passing the ordinance. Interim City Manager Chiverton said that he will bring back a detailed report supporting the ordinance. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Regular Commission Meeting Minutes—1/13/2016 11 Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes B. SECOND READING ORDINANCES/PUBLIC HEARING: 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ARTICLE II SECTION 2-45 BY CREATING ARTICLE II SECTION 2-45 (D), LIMITING THE NUMBER OF CONSENT AGENDA ITEMS (RESOLUTIONS) A MEMBER OF THE CITY COMMISSION MAY SPONSOR PER COMMISSION MEETING; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 12, 2015). Sponsored by M.T. and L.S. The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for public hearing. There were no persons 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 ordinance. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder No Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF S.O.T. INVESTMENTS LLC/SHAWN O'TOOLE FOR SITE PLAN APPROVAL TO CONSTRUCT A 5,000 S.F. MAINTENANCE BUILDING WITH A 2,000 S.F. OFFICE MEZZANINE, ASPHALT ACCESS DRIVWAY FOR 17 CAR PARKING SPACES AND 611 LINEAL FEET OF PRIVACY WALL 10 FEET IN HEIGHT ON THE EAST AND SOUTH PROPERTY WITH FOLIO NO. 08-2128-004-0391 LEGALLY DESCRIBED AS: 28-29 52 41 2.143 AC NILE GARDENS SEC 2 PB 31-42 LOT 23 LESS N15 FT LOT SIZE 93336 SQ FT OR 16546-0728 1094 4 COC 25566-4718 04 2007 1; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission. The above resolution was read by title by Attorney Brown. Regular Commission Meeting Minutes—1/13/2016 12 Mayor Taylor opened the floor for public hearing. There were no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the resolution. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF S.O.T. INVESTMENTS LLC/SHAWN O'TOOLE FOR DEVELOPER'S AGREEMENT APPROVAL TO CONSTRUCT A 5,000 S.F. MAINTENANCE BUILDING WITH A 2,000 S.F. OFFICE MEZZANINE, ASPHALT ACCESS DRIVWAY FOR 17 CAR PARKING SPACES AND 611 LINEAL FEET OF PRIVACY WALL 10 FEET IN HEIGHT ON THE EAST AND SOUTH PROPERTY WITH FOLIO NO. 08-2128-004-0391 LEGALLY DESCRIBED AS: 28-29 52 41 2.143 AC NILE GARDENS SEC 2 PB 31-42 LOT 23 LESS N15 FT LOT SIZE 93336 SQ FT OR 16546-0728 1094 4 COC 25566-4718 04 2007 1; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission. The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for public hearing. There were no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to pass the resolution. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF ACADEMY BUS FOR SITE PLAN APPROVAL TO CONSTRUCT AND OPERATE THE FOLLOWING: A 6,000 S.F. OFFICE BUILDING, EMPLOYEE PARKING, A 12,400 S.F. BUS GARAGE, AND 150 OPEN BUS PARKING SPACES AT PROPERTY IDENTIFIED BY FOLIO NO. 08-2129- 018-0010 LEGALLY DESCRIBED AS: 10TH ADDN TO SEABOARD IND PARK PB 158- 44 TR A LESS BEG SE COR OF TR A IN SEC 28 TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD 135.88FT SOl DEG E 1064.81FT TO POB LOT SIZE 337304 SQ FT Regular Commission Meeting Minutes—1/13/2016 13 FAU 30 2129 018 0010 OR 22784-2048 1004 2; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission. The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for public hearing. Graham Penn, 200 South Biscayne Blvd, representing the company in question, came forward and stated that there will be minimal impact on the City with no impact to any residential areas. The project will be beneficial to the City. It will involve the development of vacant land that will have a thriving business that will provide employment for qualified employees. It will have two attractive new buildings, one hundred and forty four (144) trees, and over three thousand (3,000) shrubs and ground cover plants. The project is consistent with all City requirements. Commissioner Santiago asked for the specific address to the location of the development. Graham Penn said that it is located at NW 123 Street and West of 32nd Avenue. Commissioner Pinder thanked Academy Bus for supporting many communities in Florida by providing employment and asked that they have the same generosity for Opa-locka residents as well. There were no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the resolution. Commissioner Kelley said that he agrees with Commissioner Pinder's statement about the hiring of Opa-locka residents. He said that he is concerned about the fueling. Graham Penn said that the property will have its own diesel station for the buses to fuel daily. This is in accordance with the City's land development agreement. Commissioner Kelley asked Interim City Manager Chiverton if there are any safety issues with building a fuel station in the City. Interim City Manager Chiverton informed Commissioner Kelley that he and his staff are duly briefed on what the project entails and it is in compliance with the land development agreement. Commissioner Santiago showed his support for the project by welcoming Academy Bus to the City. There being no further discussion, the motion on the resolution 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—1/13/2016 14 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF ACADEMY BUS FOR DEVELOPER'S AGREEMENT APPROVAL TO CONSTRUCT AND OPERATE THE FOLLOWING: A 6,000 S.F. OFFICE BUILDING, EMPLOYEE PARKING, A 12,400 S.F. BUS GARAGE, AND 150 OPEN BUS PARKING SPACES AT PROPERTY IDENTIFIED BY FOLIO NO. 08-2129-018-0010 LEGALLY DESCRIBED AS: 10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28 TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD 135.88FT SO1 DEG E 1064.81FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010 OR 22784-2048 1004 2; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission. The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for public hearing. Graham Penn said that with dealing with time and permitting, the project is estimated at twenty four months (24) for completion. There were no further persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the resolution. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes 17. CITY MANAGER'S REPORT: Interim City Manager Chiverton let the dais know that he provided them with a report. He said that his office is working diligently to maintain costs through the recovery process. He said that he is ready to answer any questions the dais may have. Commissioner Santiago said the he has not received a report from October 1St detailing the City's expenses and revenues. He said that he wants Interim City Manager Chiverton to look into who the City purchased the water meters from, account for all of the meters, and determine if they were purchased new or used. He said that the water bills are too high and there are too many residents complaining. Vice Mayor Holmes thanked interim City Manager Chiverton for reopening the Public Works Department. He said that he wants all employees who received pay cuts to be given back all of their pay. He said that he wants a report from the manager detailing what he intends to do to get the City back on track. He offered his assistance to the manager if there is anything he needs help with. Regular Commission Meeting Minutes—1/13/2016 15 Commissioner Pinder said that he wants the manager to reach out to all agencies and inquire about funding to assist with the budget deficit. He also said that the municipal complex has revenue potential and he wants to know what the revenues and upkeep amount to. Commissioner Kelley agreed with the other commissioners about putting everything that was requested in a report for the dais to review at-a-glance. Mayor Taylor thanked Interim City Manager Chiverton for everything that he is doing and she let him know that she supports him. She said that she is concerned about overtime and would like a report from him detailing overtime payouts from October 1st to the current date. She also said that she is concerned about crime and the liquor stores being open and being a contributing factor with crimes that are being committed. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Holmes thanked all of the businesses that provided support for the holiday giveaways. He thanked Mayor Taylor and Commissioner Santiago for assisting him with this effort. He also thanked the City Clerk's Office for working hard and putting everything together for the events; and everyone else that contributed to the cause. Mayor Taylor said that she wishes that the community would come out and show their appreciation when good things happen in the City. There is only a packed house when there is negativity going on. She hopes that it will change. Commissioner Pinder said that certain employees are holding up the progress of the City. He said that they get mad, take off from work, make up excuses, and are not doing what is expected. He told the manager that something needs to be done about that. Commissioner Santiago announced his Valentine's Day Bingo Dinner event to be held at Sherbondy Village on February 12, 2016. Commissioner Kelley thanked Commissioner Pinder for stepping in for him and hosting the Farm Share food distribution this month. He said that movie night was not held this month because it fell on New Year's Day, but the next one will be held on the first Friday in February at 6:30PM at the Kaboom Park. He thanked all of the departments for their contributions to the various events that are being held in the City. He announced the MLK Walk at Sherbondy Village, and The Memorial Garden dedication at Ingram Park; these events will be held on Saturday, January 16, 2016. He let the commission know that he supports all of their initiatives and comes out when community events are scheduled. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Regular Commission Meeting Minutes—1/13/2016 16 Holmes, seconded by Commissioner Kelley to adjourn the mee ' . 9:21p.m. 4 4 'AYOR ATTEST: t,. I CITY CLERK Regular Commission Meeting Minutes—1/13/2016 17