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HomeMy Public PortalAbout04- April 24, 2016 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, February 24,2016 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, February 24, 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 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. Commissioner Joseph L. Kelley was not in attendance. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Mayor Taylor acknowledged the passing of Mother Patsy McCray at 101 years old. Commissioner Pinder presented a proclamation on behalf of Commissioner Kelley to acknowledge Rare Disease Day. Commissioner Pinder along with the Mayor and City Commission presented a proclamation to Ric Powell in honor of Black History Month. Mayor Taylor presented a proclamation to Parks and Recreation Director, Charles Brown for his dedicated work with the youth in the community. 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: deferred 8 and 9 (Commissioner Santiago); deferred 5 and 7 (Commissioner Pinder). Regular Commission Meeting Minutes—2/24/2016 1 7. APPROVAL OF AGENDA: It was moved by Commissioner Santiago, seconded by Commissioner Pinder to approve the agenda, consent agenda and pull list. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Kelley Yes Commissioner Pinder Not Present Vice Mayor Holmes Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—01/27/2016. It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to approve the minutes of the Regular Commission Meeting on January 27, 2016. There being no discussion, the motion passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Not Present Vice Mayor Holmes Yes Commissioner Pinder Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardener, Commissioner Barbara Jordan's Office, District I, said that in regards to the buses he has been working with Commissioner Pinder and Charles Brown to secure transportation for the seniors program. He said that transit had to take a few of their buses out of retirement and put them back on the road due to some problems they were having. He said that there is one that the City can look at this week. Commissioner Pinder asked Mr. Gardener if the City could borrow the County's grapple truck for two (2) hours within the next two (2) days to haul the bulk waste; the City's truck is currently not working. Mayor Taylor asked if the requested is needed in writing. Commissioner Pinder requested that Interim City Manager Chiverton provide the request in writing. Commissioner Pinder stated for the record that he was included in the correspondence regarding securing a bus. He made it clear that Vice Mayor Holmes started the process in working to obtain a bus before he was in office and all communications should go through him. Regular Commission Meeting Minutes—2/24/2016 2 There were no reports from District II. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: There being no persons to speak, Mayor Taylor closed citizens forum. 12. ACTION ITEMS: 13. CONSENT AGENDA: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE FLORIDA DEPARTMENT LAW ENFORCEMENT (FDLE) AND THE CITY OF OPA- LOCKA POLICE DEPARTMENT FOR THE ONGOING PARTICIPATION IN THE REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM (R-LEX) (EXHIBIT A); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING AND AUTHORIZING THE CITY MANGAER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES, PAYABLE FROM ACCOUNT NUMBER 34-534340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, IMPOSING A MORATORIUM ON ALL OVERTIME HOURS UNLESS OTHERWISE APPROVED BY THE CITY MANAGER IN ADVANCE OR UNTIL FURTHER ACTION OF THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO SUBMIT TO THE CITY COMMISSION AN EXPENDITURE ANALYSIS OF ALL EXPENSES PAID ON THE FORTY MILLION DOLLAR ($40,000,000.00) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVOLVING LOAN FUND PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pinder 6. 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 FLORIDA NATIONAL UNIVERSITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pinder Regular Commission Meeting Minutes—2/24/2016 3 The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the Consent Agenda resolutions. Interim City manager Chiverton said that in item number two (2) with the RFP, he would like to make a correction to reflect a three year extension. Vice mayor Holmes informed Interim City Manager Chiverton that the correction should have been made before the resolution was read. Interim City Manager Chiverton apologized for the oversight. City Attorney Brown clarified that the item is a three (3) year base term with one (1) three (3) year option. Commissioner Pinder requested that City Attorney brown read the item again so everyone is clear. City Attorney brown read from article I, paragraph III, which states that the term of both contracts shall begin on (blank date) 2016 and end on September 30, 2019 with one(1) three (3) year option. There being no further discussion, the motion on the resolutions passed by a 4-0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Commissioner Kelley Not Present Vice Mayor Holmes Yes Mayor Taylor Yes 14. NEW ITEMS: 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, IMPOSING A MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR LIQUOR STORES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE (first reading held on January 27,2016). Sponsored by Mayor Taylor The above ordinance was read by title by Attorney Brown. The floor was open for public input. There being no persons to speak, the floor was closed. Regular Commission Meeting Minutes—2/24/2016 4 Commissioner Santiago asked for a discussion on the item. He said that he does not want to stop any business that wants to come into the City if they meet the criteria and requirements of the City. He said that he does not support the item. City Attorney Brown said that there has been no motion on the item and that it was only read into record. He said the dais must now make a motion to approve the item. Vice Mayor Holmes said that he does not want a curve ball thrown at him with the discussions. Commissioner Pinder requested that Gregory Gay, Community Development Director, come to The podium and explain what the ordinance means. He asked Director Gay what it would mean if an Apple Bee's or Flannigan's moved into the City; would they be able to serve alcohol based on the moratorium. Director gay said that the liquor license have variations as to what they can sell. He said that some stores or package stores sell alcohol that can be purchased but consumed off site. The restaurants in question do not fall under the moratorium as the alcohol sold at these businesses are consumed on site and is accompanied by a meal. It is a different scenario from the ordinance in question. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to approve the ordinance. Vice Mayor Holmes requested to defer the item as it was sponsored by Mayor Taylor and she was not present to discuss the ordinance. Commissioner Pinder said that when there are three (3) on the dais, voting can still be legally done by a(2)to one (1) vote. Vice Mayor Holmes said that since the item is an ordinance it has to be approved by at least three (3). Commissioner Pinder asked City Clerk Flores if the item had to be advertised if it is deferred. City Clerk Flores said that as long as there is a date specified then the item does not need to be advertised again. The item was deferred to the next commission meeting on March 9, 2016. 17. CITY MANAGER'S REPORT: Interim City Manager Chiverton said that the dais has in the binder that he submitted to them all of the information pertaining to the recent activities of the City over the last few weeks. He said that the only thing to add is that he met with the auditor from Miami Dade County regarding the CITT funds. He said that he will be sending a memorandum detailing the visit as well as his recent communication with the state regarding the recovery plan. Regular Commission Meeting Minutes—2/24/2016 5 Commissioner Pinder applauded Interim City Manager Chiverton on his efforts with regards to the recovery plan. He asked Interim City Manager Chiverton if the City was at twenty percent (20%) so far in terms of the vendors that are owed. Interim City manager Chiverton said that the City is at the twenty percent (20%) in question. Commissioner Pinder asked Interim City Manager Chiverton if 2017 will be a year of upward mobility for the City to which he replied, "Yes". He said that most recovery plans usually take three (3) to five (5) years. He says that no one talks about the monies that are owed to the City, but they talk about what the City owes to vendors. He said that he has confidence in Interim City Manager Chiverton and knows that the outcome will be good. He also acknowledged all of the department directors that were present in the audience. Commissioner Santiago said he will not give Interim City Manager Chiverton any accolades today. He said he hears some employees complaining of being layed off and not having a job because of the financial crisis. He said that if cuts will be made, it will start will all of the high paying positions and not those working check to check to take care of their families. He said that he has been asking for a report and has not received it yet, but he will continue to ask for it until he gets it. He said that he understands that there has to be a recovery, but it has to be done in the right way. He told Interim City Manager Chiverton that he has to fill the positions with professional and qualified people. He said that residents are complaining about the high water bills and something has to be done. Vice Mayor Holmes asked City Attorney Brown if he had any comments to make to which he replied, "No". Commissioner Pinder asked City Attorney Brown if an executive session can be scheduled for March 9, 2016 at 6:00Pm if City Clerk Flores has the calendar open. Vice Mayor Holmes said he will come back to Commissioner Pinder's request, but wanted City Clerk Flores to make an announcement on behalf of Mayor Taylor. City Clerk Flores announced the State Attorney's Office Sealing and Expungement Program hosted by Mayor Taylor. The event will be held on Thursday, February 25, 2016 from 4:00 — 7:00PM at the Sherbondy Village Community Center; this program is open to all residents in Miami-Dade County. Vice Mayor Holmes asked about the session requested by Commissioner Pinder. City Attorney Brown asked if the session was a shade meeting and if so the items for discussion have to be advertised. Commissioner Pinder said that in the past, you could call an executive meeting to discuss things that may go to legislation, but is closed to the public. City Attorney Brown said that he understood what Commissioner Pinder is requesting and is prepared to move forward. 18. OFFICIAL BOARD REPORTS: Regular Commission Meeting Minutes—2/24/2016 6 No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Holmes announced The Royal Journey, a play hosted by the Parks and Recreation Department that will be held on February 27, 2016 at 6:00PM at the Sherbondy Village Community Center. He said that everyone should remember what African Americans endure during segregation and should be proud to be a part of Black History Month today. He said that he has seen and been through a lot from being spit on to being called names and has a story to tell. He said that he is a living witness to black history. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Pinder, seconded by Commissioner Santiago to adjourn the meeting at 7:50p.m. rAYOR ATTEST: q ICITY CLERK Regular Commission Meeting Minutes—2/24/2016 7