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HomeMy Public PortalAbout03- March 23, 2016 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, March 23,2016 7:00 P.M. Sherbondv Village Auditorium 215 Perviz Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra Taylor called the meeting to order at 7:00p.m. on Wednesday, March 23, 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: 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: Interim City Manager David Chiverton, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Deacon Joe Riley, WMBM. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 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 and 4 (Commissioner Pinder); pulled 2 and 4 (Vice Mayor Holmes); pulled 5 (Commissioner Kelley); Ordinance 16.B.1. deferred until the next regular meeting on April 13, 2016 (Mayor Taylor). Request to amend the agenda as follows: NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SEND A RESPONSE LETTER (EXHIBIT "A") TO THE GOVERNOR OF THE STATE OF FLORIDA RESPONDING TO THE LETTER OF MAYOR CARLOS GIMENEZ AND COMMISSIONER BARBARA JORDAN OF MIAMI DADE COUNTY TO THE Regular Commission Meeting Minutes—3/23/2016 1 GOVERNOR OF THE STATE OF FLORIDA ON MARCH 10, 2016; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago to amend the agenda to include the above resolution as item 14-1. There being no discussion, the motion passed by a 5-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 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: Regular Commission Meeting—02/24/2016. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to approve the minutes of the Regular Commission Meeting on February 24, 2016. 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—03/03/2016. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to approve the minutes of the Special Commission Meeting on March 3, 2016. Regular Commission Meeting Minutes—3/23/2016 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 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, District I, Commissioner Barbara Jordan's Office, brought brochures and applications for Commissioner Jordan's Summer Youth Internship Program. He said that to be eligible, you have to be a high school or college student between the ages of 16—21. He said that the program starts up in June and ends in August. He said that anyone interested can also go onto Commissioner Jordan's website and print out the information. Mayor Taylor asked the dais if they had anything for Mr. Gardner to take back to Commissioner Jordan. Commissioner Pinder asked if there was a study done by the County to take over the water systems and was it included in the bond. Mr. Gardenr said that he was not familiar with it, but will speak to his chief of staff about it and get back to the dais. Commissioner Pinder said that the focus was specifically on the infrastructure. Mayor Taylor asked Mr. Gardner if he left flyers for the internship program to which Mr. Gardner replied, "Yes". 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: George Howard, 1150 Wilshire Circle, West Pembroke Pines, Florida, said that the City of Opa- locka is in a fiscal crisis, there is talk of a state takeover, there is talk of raising fees and blaming residents for what the City has done. He asked the dais why the City is continuing to pay The Brown Law Group over twenty thousand dollars ($20,000.00) a month for legal fees for work that can be done for half of that price. The commission is punishing the residents, but is paying Mr. Brown all of this money for a City Attorney who has to bring in other lawyers to do his job. He told the dais that they need to terminate The Brown Law Group and bring in a new law firm who will work for half of that price. He presented a document for the commission to review. He said that the document is the real scandal as when Mr. Brown was hired he did not disclose to the City that the Florida Supreme Court reprimanded him and let him know that he was an unethical lawyer. Diana Smith, 2047 Lincoln Avenue Apartments, said that she would like to know how someone can call the police and when they show up they stand by and watch someone break into someone else's home and take what they want. She said that she called for the police to come and make a Regular Commission Meeting Minutes—3/23/2016 3 report and no one showed up. She said that it happened several times. The man next to her is the one that this is happening too. The man told a young lady that was staying at the residence that she could no longer live there. She said that the man changed the locks and the young lady broke in and took things. She said that the young lady called the police after the two (2) had an argument. She said that the police came and told the man that he could not be there; he had to go and stand on the next corner. The next night the police came again and watched the young lady break into the apartment, get whatever she wanted to get and leave. She asked the dais if police were allowed to do what is happening with her neighbor. She said that she wants to know what is going on because the man is in fear for his life. She said that he has to park down the street or ride a bike in order to come home. Mayor Taylor asked Ms. Smith to let the man speak. David Graham, said that the young lady has threatened to have someone go to his house and shoot up the place. He has to park elsewhere to keep from being targeted. He said that he does not want any trouble. He said that he has lost his child because of the woman. He said that the Opa-locka Police Department helped the woman to break into his house. He said that he recorded the scene, but the images cannot be seen because he recorded from the bushes. Ms. Thomas, 830 Ali-Baba Avenue, said that for the last three years she has been complaining about the piece of land next to her business and nothing is being done about it. She said that she is not here to complain, but is only seeking help. She has pictures of snakes and iguanas as proof and has spoken to Ms. West and she said that she would do something to help her, but nothing has been done. She went to Miami Dade County and found out that no taxes have been paid the land for at least two (2) or three (3) years. She said she does not know if the owner is dead or not, but she wants to know if she can purchase the land and do something with it since it is next to her business. She said that she has property in other City's and has never encountered this problem. The customers are running and they do not want to come to her business. She said that she is not trying to be nosy, but she has passed by the houses of the members of the dais and it does not look like that. She said that she wants something done about it. Mayor Taylor acknowledged Interim City Manager Chiverton. Interim City Manager Chiverton said that he is aware of the situation and the property has been sited today. He said that that it is an absent land owner property and there is a process that the City has to go through as it relates to the cleaning of the land. Public Works said that it will be done by Friday. Mayor Taylor said that this needs to be taken care of immediately since animals were mentioned. Commissioner Kelley said that the Rangers were taking care of these properties, but because of budget cuts this is becoming an issue. He said that there are abandoned properties with absentee property owners and these properties are not being kept and overrun with rodents. He said that placing liens or citing the property is a way to get the attention of the owners. He said that three (3) years is a long time and he hopes the City will look at the situation and determine what to do with the property. There being no further persons to speak, Mayor Taylor closed citizens forum. Regular Commission Meeting Minutes—3/23/2016 4 Vice mayor Holmes said that if anyone wants to know who owns a property, all they have to do is contact Community Development. He said that if anyone wants to know if taxes are being paid for a property, Community Development will be able to convey this. Mayor Taylor asked Interim City Manager Chiverton if staff from the City has communicated with the business owner regarded the situation. Interim City Manager Chiverton said that Wilma Wilcox, Code Enforcement Supervisor is currently in communications with the business owner. Commissioner Santiago said that it is incredible that all of these years have passed and the City does not know who owns the property; he said that this is normal for the City. He said that Ms. Thomas made a statement about seeing his house clean and maintained; he said that it is because he pays to have his yard maintained twice a month. The City takes too long to take over those kinds of properties and that causes this situation. 12. ACTION ITEMS: 1. (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO ESTABLISH A TAX EXEMPT, NOT FOR PROFIT ORGANIZATION UNDER SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE, WITH THE PURPOSE OF ASSISTING AT RISK, ECONOMICALLY DISADVANTAGED RESIDENTS OF THE CITY OF OPA-LOCKA IN THE PURSUIT OF QUALITY EDUCATIONAL GOALS, AND TO SOLICIT AND ACCEPT CONTRIBUTIONS AND GRANTS FROM THE PUBLIC AND PRIVATE SECTORS AND GOVERNMENTAL AGENCIES TO ACHIEVE THESE GOALS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolution was read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Pinder for discussion. Commissioner Pinder told Mayor Taylor that he pulled the item for clarification. Mayor Taylor passed the gavel to Vice Mayor Holmes. She said that the item will create a 501(c)(3) for businesses that want to sponsor or contribute or donate to the City. She said that it is an incentive for the businesses. Commissioner Pinder asked how the City will determine where the contributions will go. Mayor Taylor said that rules will be forthcoming. She asked City Attorney Brown if this was correct. City Attorney Brown stated that was correct. He said that he would have to work with Interim City Manager Chiverton and the Finance Department to set up segregated accounts or a restricted account with segregated subaccounts so that the money will go into those segregated subaccounts that the contributor gives too. Regular Commission Meeting Minutes-3/23/2016 5 Commissioner Pinder said that he has no problem with the resolution and he thinks that it is a good idea; however, he would like to amend the resolution to include details on how the money will be identified and allocated. Vice Mayor Holmes told Commissioner Pinder to wait until after Commissioner Kelley makes his comment before requesting to amend the resolution. Commissioner Kelley said that he will wait for Commissioner Pinder to finish his statement before he speaks. Commissioner Santiago said that he also wants to make a comment before Commissioner Pinder makes a request to amend the resolution. He said that the federal government has already created this process. He said that any company that gives a contribution to the City can write it off on their taxes. Companies are already reporting their donation(s) and keeping these donations for their records. He said that he does not see why they are doing this again when it is already a law. Commissioner Kelley said that he wants clarification on the item because he does not understand the resolution. He said that the resolution he read is not in line with the discussion. He does not know if he will support the resolution because he thought that it was to further education in the form of a scholarship. At this time he does not see why this is an item as the City should not be doing anything except focusing on getting its fiscal house in order. He said that to try to establish a non-profit and appoint staff when there is a shortage is not important now. The item sounds good for education, but he is not sure because he heard "business". He said the item has broad statements and who will determine the criteria. Staff has no time to focus on being established as a 501(c)(3) when they are already overworked. He said that if the City is offering scholarships that is one thing; but to use staff when they are already trying to get information to the County and State is not good. There being no further discussion, the motion on the amendment passed by a 3-0 vote. Commissioner Santiago No Commissioner Kelley No Commissioner Pinder Yes Mayor Taylor Yes Vice Mayor Holmes Yes There being no further discussion, the motion on the resolution failed by a 0-0 vote. Commissioner Pinder No Commissioner Santiago No Commissioner Kelley No Mayor Taylor stopped the roll call to ask City Attorney Brown why would someone vote yes on an amendment to a resolution and then no the resolution itself. City Attorney Brown informed Mayor Taylor that the yes votes were on the amendment to the resolution. He said that if anyone of her colleagues decides to vote no on the main motion that is their prerogative. Regular Commission Meeting Minutes—3/23/2016 6 Vice Mayor Holmes said to direct the question to him and he will take it from there. He said that he understands what is going on. He told Mayor Taylor that if Commissioner Pinder wanted to vote yes on the amendment and then no on the resolution then that is all there is to it. He said to continue with the roll call. Mayor Taylor asked if she could question the vote. Vice Mayor Holmes said that she could. Mayor Taylor said that if you voted yes on the amendment, you were voting to amend something. So why vote yes on the amendment and then no on a standing resolution. She said that if the resolution was no good then why vote yes on the amendment. City Attorney Brown said that this was the process and procedure that they have always used on every amendment to resolutions. It was established by Robert Rules of Order that you can amend the main motion and the main motion was amended. He said that he does not know why Commissioner Pinder voted no on the resolution, but that is his prerogative. Mayor Taylor said that she wants the item to move forward because it is a resolution that she feels is good. She said that she wants to withdraw the item. Commissioner Pinder made a point to the chair. Vice Mayor Holmes informed Commissioner Pinder that Mayor Taylor had a right to withdraw the item. Commissioner Pinder said that in his twenty (20) years in government he has never seen where you can have a roll call and when the vote does not go the way the sponsor wants it to go then they can withdraw. He said that he has never seen this happen before. Vice Mayor Holmes said that he is going to give Commissioner Pinder the right to withdraw his amendment and then Mayor Taylor can withdraw her second on the amendment; and then the item can be deferred. Commissioner Pinder said that for transparency he will explain even though he does not have to. He said that the residents always say that they do not know why some votes are made so he will explain his vote. He said that after hearing Commissioner Kelley's statement that the resolution in question is not important at this time, he changed his mind on the vote and he is free to do so. He said that in the future he now knows that if the vote does not go in his favor he will withdraw it at that time. Vice Mayor Holmes informed Commissioner Pinder that he has the right to vote one way on one thing and then another way on something else. He then asked City Attorney Brown for his take on the situation. City Attorney Brown said the procedure for roll call is that once it has started, you let it run its natural course. However he has seen on the dais that once it has started the dais has withdrawn their items. Regular Commission Meeting Minutes-3/23/2016 7 Commissioner Pinder said that if he was the mayor he would have voted no and then asked his colleagues for reconsideration. He said that you can't change the rules in the middle of the game (referencing the roll call). He said that he wants to put it on the record that you cannot change the rules of the meeting. City Attorney Brown said that what Commissioner Pinder said is correct and that the dais has to complete the roll call. He said that even if the resolution failed tonight, it can come back because it is not covered by the six (6) month provision in the Charter. It can be modified to show detail and move the rest of the dais to support it. Vice Mayor Holmes asked for the roll call to be completed on the motion. There being no further discussion, the motion on the resolution failed by a 0-5 vote. Commissioner Pinder No Commissioner Santiago No Commissioner Kelley No Mayor Taylor No Vice Mayor Holmes No City Attorney Brown informed Mayor Taylor that she can move to have the item reconsidered and opened back up so that she can withdraw it. It was moved by Mayor Taylor, seconded by Commissioner Pinder for reconsideration on the resolution. There being no further discussion, the motion for reconsideration on the resolution passed by a 4-1 vote. Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago Yes Mayor Taylor Yes Vice Mayor Holmes Yes Mayor Taylor requested to defer the item until the next commission meeting on April 13, 2016. Vice Mayor Holmes acknowledged Mayor Taylor. 2. (13-4). A RESOLUTION OF THE CITY COMMSISION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING A FINANCIAL RECOVERY PLAN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor and City Commission The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Kelley for discussion. Regular Commission Meeting Minutes—3/23/2016 8 Commissioner Kelley said that he does not know how this item made it on the agenda. He said that the dais just had a financial workshop last Thursday to look at the response letter and some information that was requested. He does not know how an actual item got on the agenda to be passed tonight. The information was clocked in today at 4:47PM. He said that there is no way in the world that he can be expected to look at the information and be able to vote on something that will impact the community and employees. He said that there several things that were discussed at the workshop which included exhausting all resources before adopting a plan that would affect employees. He said all that he sees is the same information that was submitted before. He said that he is not sure who put the item on the agenda since it says mayor and commission; but he thinks that it is premature to adopt a plan that the City does not have all of the pieces to. He will not support any plan that will lay off employees or raise fees without exhausting all to collect debt that is owed and what the manager has researched for recovering. He said that the intent was to have the document ready by the end of April so he wants to know who specifically put the item on the agenda. Commissioner Pinder said that time is of the essence and the item is important enough to be an emergency or special meeting because it is regarding the condition of the City. He said that he is also puzzled at the fact that the document was clocked in two (2) hours before the meeting. He said that they have to do better because the residents are complaining that they don't know what's going on. He said that two (2) hours is not enough time to digest the information and be able to make a sound decision. Mayor Taylor made it clear to the dais that they all voted on the item. She said they are puzzled as if they do not know about the resolution when they were the ones that sponsored it. She said that she agrees with the residents about transparency, but she did not sponsor the resolution herself; it says Mayor and City Commission. Commissioner Pinder said that the dais did agree to sponsor the item on this date. He said that the problem is that it is not enough time to go over the document that was clocked in today for him to vote on it. He said that the media is going to contact him and ask about it and he is going to tell them that he did not have time to read it and they are going to say, "But you voted on it". He said that he does not want that to happen. He said that he wants to defer the item until the next commission meeting. Vice Mayor Holmes said that he wants to defer the item. Commissioner Kelley said that he knows that the dais agreed to adopt a financial recovery plan in the past. He said that what is lost in translation is that the date is for May 1st. He said that he would like to have the meeting at a later date so long as the dais is mindful of the deadline. Interim City Manager Chiverton said that he agrees with Commissioner Kelley that the item was lost in translation. He said that what the City is preparing for is sending the letter to Tallahassee in response to the County's letter to Tallahassee. Vice Mayor Holmes asked if the item has anything to do with the item. Interim City Manager Chiverton said that at this time there are items tonight that if approved will affect the overall recovery plan. He said that they are prepared to present information in regards to the recovery plan,but the item is not pressing at this point in time. Commissioner Kelley is recommending deferring the item until the next meeting. Regular Commission Meeting Minutes—3/23/2016 9 Vice Mayor Holmes asked the dais if they needed more time to review item 5 regarding the thirty two (32) hour work week. He said that he talked to the City Manager about it and the City will save about six hundred thousand dollars ($600,000.00) if it becomes a four day work week. He said that he will defer the item if need be. Commissioner Pinder said that if the item was deferred until the next commission meeting he would second it if a motion is made so that the dais has time to consider the item. He said that the dais has already said in a workshop that the City will run out of money on June 2, 2016 and not be able to provide regular services. He said that time is of the essence and it is not sufficient time to do the necessary adjustments. He said that if that is a motion from Commissioner Kelley to move the two items until the next commission meeting, then he seconds it. Mayor Taylor said that only one item be moved at a time. Vice Mayor Holmes said that next month is April and not May so there is still time to go over the information. He asked City Attorney Brown if he has the information. City Attorney Brown clarified the conversation by stating that item four (4) is being deferred and item five (5) is being deferred and that is the vice mayor's item. Vice Mayor Holmes said that he wants it the way it is, not five days, he wants a thirty two (32) hour work week. Commissioner Kelley asked City Attorney Brown if a motion was needed on the items. 13. CONSENT AGENDA: 1. (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A MUTUAL AID AGREEMENT WITH TOWN OF MEDLEY, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO ("EXHIBIT A"), FOR LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager 2. (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REMOVING THE WORD "INTERIM" FROM THE TITLE OF THE CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pinder and Vice Mayor Holmes 3. (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, IMPOSING A MORATORIUM ON ALL UNBUDGETED CITY EXPENDITURES EXCEPT THOSE SPECIFICALLY PRE-APPROVED BY THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley 4. (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, IMPOSING A MORATORIUM ON ALL FEE AND COST Regular Commission Meeting Minutes—3/23/2016 10 WAIVERS EXCEPT THOSE SPECIFICALLY PRE-APPROVED BY THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Santiago 5. (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER, CITY CLERK OR CITY ATTORNEY TO PROVIDE A REPORT TO THE CITY COMMISSION WHENEVER EITHER OF THEM PARTICIPATES IN A MEETING WITH ANY FEDERAL, STATE OR COUNTY OFFICIALS; PROVIDING FOR INCOPRORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley and Commissioner Pinder 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 resolutions passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes Vice Mayor Holmes Yes Vice Mayor Holmes relinquished the gavel to Mayor Taylor. 14. NEW ITEMS: 1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SEND A RESPONSE LETTER (EXHIBIT "A") TO THE GOVERNOR OF THE STATE OF FLORIDA RESPONDING TO THE LETTER OF MAYOR CARLOS GIMENEZ AND COMMISSIONER BARBARA JORDAN OF MIAMI DADE COUNTY TO THE GOVERNOR OF THE STATE OF FLORIDA ON MARCH 10, 2016; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pinder, seconded by Commissioner Santiago for discussion. Commissioner Santiago said that his only concern is that the letter that is being sent to Tallahassee is reviewed and corrected by the commission before being sent. Mayor Taylor asked Commissioner Santiago if he wanted his request to be put into the resolution. Commissioner Santiago said yes. Regular Commission Meeting Minutes—3/23/2016 11 City Attorney Brown said that the letter is attached to the resolution for Commissioner Santiago to review. Commissioner Santiago said yes. He said that one of his colleagues mentioned that they only receive requested information right before commission meetings and have no time to review it. He is asking that the dais receives information in a timely manner so that they can have time to review it and make sound decisions. He asked Interim City Manager Chiverton when he was going to mail the letter to Tallahassee. Interim City Manager Chiverton said that if the dais approves the letter tonight then he will send it tomorrow. He said that he went through the letter that was sent by the County and responded item for item. He said that the information was sent to the Clerk's Office on yesterday so that each of the commissioners could have a copy to review. He said that the professional's outside of the legal team is also working to get some understanding with what is happening in Tallahassee. Commissioner Pinder said that he would like for the dais to be more proactive with responding to time sensitive issues. He said that when Mr. Baker was City Manager they waited an extra three months to execute the plan and that put the City further in a hole. He said that he wants to pass the letter tonight and give Interim City Manager Chiverton what he needs to get the job done. He said that as the dais travels and builds relationships across the country; they have to send the message that the City is changing. He said that he supports the item and hopes that his colleagues do as well. Vice Mayor Holmes asked if Commissioner Pinder just made a motion. Commissioner Pinder said that he made a motion to approve the item so that Interim City Manager Chiverton can do what needs to be done. Mayor Taylor clarified that a motion and a second was already made and the item is under discussion. Commissioner Kelley said that this item came up at the workshop meeting, but could not be passed because there was no quorum. He said that time is always of the essence, but because of the resolution indicating that any letters or correspondence that is being sent needed commission approval before moving forward. He said that Interim City Manager Chiverton had to wait until this meeting to present the letter for approval. He said that the letter from the County to the State is dated March 10, 2016; he said that almost two (2) weeks later the City is just now responding. He said that the dais has to do a better job communicating in a timely fashion. He said that financial meetings are good because they could have passed the item and sent it by now. He said that he hopes the item will be passed tonight so that it can be sent. 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 Regular Commission Meeting Minutes—3/23/2016 12 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 85-16, SECTION I, AMENDING ARTICLE II, CREATING SECTION 14-19 THROUGH 14-23, CURBSTONING, MAKING IT UNLAWFUL TO PARK A VEHICLE IN CERTAIN PLACES IN VIOLATION OF FLORIDA STATUTE 316.1951, RESERVING SECITON 14-22 THROUGH 30, PROVIDING FOR DEFINITIONS, PENALTIES, FINES, TOWING FEES, STORAGE AND ENFORCEMENT FEES, LIENS ON VEHICLE AND REAL PROPERTY OF THE OWNER AND VIOLATOR AND PROVIDING FOR AN ADMINISTRATIVE FEE; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by City Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 21, WATER, SEWER, AND STORMWATER UTILITIES, SECTION 21-77, SCHEDULE OF RATES GENERALLY, RELATED TO A MONTHLY WATER SURCHARGE FOR CERTAIN WATER ACCOUNTS WITIN THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager City Attorney Brown informed Mayor Taylor that Interim City Manager Chiverton requested to defer item 16.A.2; he told the dais that the agenda would have to be reopened. A motion was made to reopen the agenda. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes. Commissioner Pinder asked for clarity on the need for deferring the item when the agenda has already been set. Mayor Taylor asked Interim City Manager Chiverton to explain his reason for deferring the item. Regular Commission Meeting Minutes—3/23/2016 13 Interim City Manager Chiverton said that in light of the recent meetings and yesterday's discussion at the workshop; he said that he wants to take the load off of the residents and modify the item. He said that he apologizes for not pulling or deferring the item earlier today. Mayor Taylor confirmed with Interim City Manager Chiverton that he was deferring item 16.A.2. Commissioner Pinder said that when he met with staff earlier today, his idea was to put the thirteen dollars ($13.00) a month on the businesses. He asked Interim City Manager Chiverton what was going to be the financial impact on the City from not imposing the fees. He said that he wants to be transparent and put on the record that in the manager's recovery plan delaying what may be passed may not affect the holistic number on what the City is sending to Tallahassee. Interim City Manager Chiverton said that what he is saying is correct, however, looking at the section that is being amended more has to be done. He said that this is a direct relationship to all accounts and he is looking at modifying specific commercial accounts. He said that if gets a legal opinion to say that the dais can go through first reading and then make the amendment at second reading, then he is open to that. Commissioner Pinder said that everyone was not in attendance at yesterday's meeting. He said that he met with staff and crunched numbers to see where the City was. He said that everyone knows that there is a six (6) month window and then from October first (1st) on. He said that the City cannot continue to kick the can down the road and not deal with the issues. He said that if the City is not going to charge the residents six dollars and fifty cents ($6.50) then they have to charge the businesses thirteen dollars ($13.00). He said that the City still needs the revenue to survive. He said that kicking the can down the road is not going to make a difference in the budget amendment in the upcoming budget. Interim City Manager Chiverton said that it will have an effect on the overall recovery plan. He said that he is prepared to move this forward should legal tell him that they can make the changes that they went over earlier today at second reading. Commissioner Pinder said that what he does not like is when the manager puts himself in the politician's shoes. He told Interim City Manager Chiverton to not worry about how each member of the dais will vote. He said that that has been the problem with that manager's seat. He said that Interim City Manager Chiverton is now saying that he wants to defer the item because someone suggested that he defers it. He does not want to defer the item; Commissioner Kelley was sick and missed out on some of the information. He said that if it takes an extra ten (10) minutes to break it down to what the City is trying to do then so be it. He said that if the commission wants to defer the item for another month or another two (2) weeks then that's fine. He said that June first (1st) is the deadline date. If they don't want to deal with the issues for an hour and a half and sit here for the future of twenty thousand (20,000) people then that's fine with him. He said that he is tired of reading in the newspaper and watching on T.V. that the residents don't know what's going on. He told Interim City Manager Chiverton that if he knows what's going on in his head then he needs to relay that to the commission; he told him not to put himself in the commission's place. Mayor Taylor addressed Commissioner Pinder's statement about her being the one that wanted to defer the item. She said that she never said anything about deferring the item. She said that she Regular Commission Meeting Minutes—3/23/2016 14 asked the sponsor who is the manager what he wanted to do and he said defer it. She said that she did not say defer it, she was repeating what the manager was saying. Commissioner Pinder apologized and told Mayor Taylor that he thought he heard the word defer. Mayor Taylor told Commissioner Pinder that he did hear the word defer but it came from the manager. She then asked Commissioner Kelley if he had any input on the discussion. Commissioner Kelley said that he opened the item back up to hear the response. He said that he is going to patent the term kicking the can down the road since he has been saying it for so long. He said that he knows that there was a meeting last night that he could not attend because he wasn't feeling well. He is concerned with the cost that is being added to the residents and he has thought of ways to dealing with it. He said that he was prepared to pass it on first (1st) reading and then deal with the concerns in between because he had not had a chance to speak with the manager. He said that kicking the can down the road does not work as Commissioner Pinder has said. The manager has a good reason for deferring the item then he will adhere to it. Mayor Taylor asked Interim City Manager Chiverton if he stands by his deferral. Interim City Manager Chiverton said that outside of the town hall meeting he has not discussed the item with anyone. He said that one of the commission members worked with someone from his staff today to see if they can get to the same benefits without putting it on the backs of the residents of the City. He apologized to the commission if it appeared to them that he was sitting in the place of an elected official. He simply wants to move an item through that is in the best interest of the City. With that being said, he is prepared to let the item move and function accordingly and he will not defer it at this time and is prepared for second (2"d) reading. Mayor Taylor asked Interim City Manager Chiverton if he was withdrawing his deferral to which he replied, "yes". Vice Mayor Holmes told the dais that they need to leave their personal feelings out of their responsibilities. He told them not to worry about their feelings being hurt; they need to do what they need to do to get the job done. He said that is why they are up there, to do the job. Commissioner Santiago informed Mayor Taylor that he has asked her to speak three (3) times. Mayor Taylor apologized and informed Commissioner Santiago that she is trying to get to everybody and he is not being discriminated against. Commissioner Santiago said that he never said that he was being discriminated against and maybe it's his mic that has the issue. Mayor Taylor told him that he said he had to ask three (3) times as if she was ignoring him; she gave him the floor. Commissioner Santiago told Mayor Taylor that she defended herself when she said that she never asked for the item to be deferred; he said that she was right. He said that Interim City Manager Chiverton heard from the residents at the town hall meeting last night that the water bills were already too high. He said that this is not the only revenue stream that the City has to fix the finance problem. He said that he is ready to vote and he is voting on behalf of the citizens. Regular Commission Meeting Minutes—3/23/2016 15 Mayor Taylor asked City Clerk Flores for a roll call. City Clerk Flores informed Mayor Taylor that there was no motion on the item. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the ordinance. Commissioner Pinder said that he wants to make sure that he adheres to the sentiments of Commissioner Kelley. He said that the item will be moved with the understanding that the fees will not affect the residents. The fee for the residents will go over to the commercial users which makes it thirteen dollars ($13.00). He said that time is of the essence and that is why he wants to move forward. He asked Interim City Manager Chiverton if that is why they were passing the item to which he replied, "Yes". It was moved by Commissioner Kelley, seconded by Commissioner Pinder to pass the ordinance. There being no further discussion, the motion on the ordinance passed by a 3-2 vote. Commissioner Santiago No Vice Mayor Holmes Yes Commissioner Kelley No Commissioner Pinder Yes Mayor Taylor Yes 17. CITY MANAGER'S REPORT: Interim City Manager Chiverton said that he has provided the dais with a written report and is available to take any questions or concerns the dais may have. Commissioner Pinder repeated a question that he asked at the last town hall meeting. He asked Interim City Manager Chiverton if the City had enough revenue to continue the exact same services and employee staff from March 31, 2016 to June 1, 2016 that the City started with this fiscal year. Interim City Manager Chiverton said yes. Commissioner Pinder asked Interim City Manager Chiverton if the City had enough revenue to continue the exact same services and employee staff from June 2, 2016 to September 30, 2016. Interim City Manager Chiverton said no. Commissioner Pinder asked Interim City Manager Chiverton if all of the input from the dais is included in the recovery plan in addition to Interim City Manager Chiverton's recommendations. Interim City Manager Chiverton said yes, he said that the final document includes all of the information. Commissioner Pinder said that he wants to be transparent every step of the way and wants the residents to be informed on what is going on. Regular Commission Meeting Minutes—3/23/2016 16 Commissioner Santiago said that he has faith; he said that he first (1st) believes in God. He said that he knows that when others make things negative, he will make it positive. He said that the City has to fight to save all of the employees and do what it has to do to move forward. He asked Interim City Manager Chiverton to find the resources to save the City employees. He said that those at the lower level are always the first (1st) one to feel it. He said that if cuts are made then it should start from the top. He said that he does not want to be negative, Opa-locka has professional people, and the City can move forward. He told Interim City Manager Chiverton to count on him to fight on behalf of the residents. Mayor Taylor asked the dais they had anything else for Interim City Manager Chiverton. Vice Mayor Holmes told City Attorney Brown that he wanted a resolution to come back at the next meeting to terminate the service of all of the security guards that are patrolling all City facilities. He told him to check with Interim Chief Dobson to see if there are enough reserve officers to fill those spots. He said that if there is no money to do anything, then there is no money to provide big salaries for security. He told Interim City Manager Chiverton to continue doing a good job. He clarified with the manager that the interim was taken off of his title tonight. Mayor Taylor asked the dais if they had anything else for the manager or the attorney. Commissioner Pinder told Interim City Manager Chiverton and City Attorney Brown that he read through The Charter and it does not say anything about "Interim". He said that he asked for a staff printout and there were several employees with interim in their titles and wants it corrected. He said he can only speak to the three (3) people that he is over so it is up to the manager and the attorney to make the changes. He asked City Attorney Brown if this was true. City Attorney Brown said that Commissioner Pinder was correct. He said that the word interim does not appear in The Charter. Mayor Taylor thanked Interim City Manager Chiverton for making the recovery process transparent. She also congratulated him on his new position. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Pinder said that if the County were to take over the water and sewer system; it would cost over one hundred and eighty million dollars ($180,000.000.00). He said that the City has to stop band aiding what needs to be fixed. He said that payroll is about four hundred and eighty twenty dollars ($420.000.00) every two (2) weeks. He said that is almost one million dollars ($1,000,000.00) a month just for payroll. He said that amount does not even include the bells and whistles for the upkeep of the City. He said that there is one point four million dollars ($1,400,000.00) in the bank and it is going to run out real soon. He said that is the reality of it. He said that he has faith in the City but he also has to look at what is real. What is real is the dais has been talking about this since the second week he was elected to office; and they are still talking about it. He said God bless the child that has his own and the City needs to keep their own. He said that the City has to put a stamp on what is theirs, but they also have to service the Regular Commission Meeting Minutes—3/23/2016 17 people of the community. He said that he remembers the movie E.T., he said that if you recall in the movie they wanted to kill E.T. and all he wanted to do was phone home. Mayor Taylor asked the dais if they had anything else to report. Vice Mayor Holmes said that on last Thursday the F.B.I. came in and took a lot of books and records from the City. He said that a lot of people are running nervous and scared; he said they should have done that before the F.B.I. came and it's too late now. He said they better go ahead and do the right thing and the best thing for the City. Mayor Taylor asked the dais if they had anything else to report. Commissioner Santiago said that Bingo Night was canceled in observance of Easter. He asked Interim City Manager Chiverton if he received it since when he asked him this morning he told him that he had not. Interim City Manager Chiverton said that he had explained to him that at the time he had not checked his e-mail. Commissioner Santiago told Interim City Manager Chiverton that he sent him the cancellation two (2) days ago and does not know why he does not read his e-mail. He then went on to announce to the residents that Bingo Night will be held next Friday. He said that he heard a lot of things in the meeting today regarding what is going on with the City. He said that the City is moving forward. He said Fourth of July is coming and he will be hosting the holiday again this year. Commissioner Kelley said that he hosted his monthly Meet Me Monday at Belkuchy Restaurant; it was a great turn out. He said that UWS (Universal Waste Services) came out to the meeting and some citizens had written a letter and presented it to the company. The letter commended the company for keeping the place clean and maintained. He informed Interim City Manager Chiverton that there were light pole and visibility issues that need to be addressed. He said that he also hosted the Feeding South Florida monthly distribution food drive. He said that he attended the Parents of Murdered Children Meeting at Turner Tech Senior High School on last week. He said that he mentioned in last week's meeting that everyone is telling the City's story and the residents need to come out and voice their concerns, ideas, and thoughts. He will be hosting movie night next Friday night, the first Friday of the month; he said that last month's turnout was a success. Mayor Taylor thanked Interim City Manager Chiverton and his staff for all of their hard work. She said that the City will overcome this situation without a takeover or without anyone coming in and telling the City what to do. She said that with the help of the community and their encouragement, the City will get through this. She said that she is concerned about the attendance at the town hall meeting. She is asking everyone who knows someone to bring them to the town hall meetings so that they can receive the information regarding the City's finances. She said they need to come out and be a part of the discussion because these decisions affect their wellbeing and their life in the City of Opa-locka. She announced that she will be partnering with the Parks and Recreation department for the Easter Eggstravaganza on Saturday, March 26, 2016 from 11:00—2:00PM at Ingram Park. 20. OFFICIAL BOARD APPOINTMENTS: Regular Commission Meeting Minutes—3/23/2016 18 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 8:47p.m. YO PP ATTEST: CITY CLERK Regular Commission Meeting Minutes—3/23/2016 19