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HomeMy Public PortalAbout06-June 01, 2016 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,June 1, 2016 7:00 P.M. Sherbondy 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, June 1, 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 Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: Acting City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Mayor Myra Taylor. 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 13-2, 13-3, 13-4, and 13-5 (Commissioner Santiago); pulled 13-6 (Vice Mayor Holmes); pulled 13-1 (Commissioner Kelley). NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOINTING AN ACTING CITY MANAGER UNTIL SUCH TIME AS DAVID CHIVERTON RETURNS FROM HIS MEDICAL LEAVE OF ABSENCE TO HIS DUTY AS CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley. It was moved by Commissioner Kelley; motion died for lack of a second. Regular Commission Meeting Minutes—6/01/2016 1 Commissioner Kelley said that he wanted to withdraw item 14-2. 7. APPROVAL OF AGENDA: It was moved by Commissioner Kelley, seconded by Commissioner Santiago to approve the agenda, consent agenda and pull list. There being no further discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—04/27/2016. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to approve the minutes of the Regular Commission Meeting on April 27, 2016. There being no discussion, the motion passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Special Commission Meeting—05/10/2016. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting on May10, 2016. There being no discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, District I, Commissioner Barbara Jordan's Office, said that he does not have any reports or announcements at this time, but will take any issues or concerns back to Commissioner Jordan. District II was not in attendance. 10. PUBLIC PRESENTATION: Regular Commission Meeting Minutes—6/01/2016 2 11. CITIZENS' INPUT: Alvin Burke, 1240 Jann Avenue, said that not long ago he spoke to the dais and he now believes that they do not think they are in a financial crisis. They sit up there and take shots at one another and they do not support one another. He said that the City is in a crisis and the commission is playing games. All of them are supposed to be colleagues. If Commissioner Kelley brings something to the table and nobody supports it. The same thing comes back and it gets passed. The City has to get past this; if the commission cannot get past this then the City will not be saved. He said that the City should be preparing for the state department to come instead the commission is using a 32 hour work week with lower level employees. He asked if any of the department heads received any pay cuts. He said they are supposed to be getting the City ready and instead they are sending Code Enforcement out to harass business owners. He told the commission they need to get ready. The directors need their salaries cut. He said that his current water bill is three hundred plus dollars and it is only him, his wife, and his grandson living in the house. He said that he has said before that Code Enforcement is not a money generator; it was made to bring people into compliance. Instead they are out writing tickets and shutting down the small businesses in the City. He said that the commission is not helping the City. They keep saying "This didn't start here", but the residents don't care when it started, they just want it fixed. He said that he is passionate about the City that he lives in. Vice Mayor Holmes said that the state has asked over and over again for the City to fix its issues before they come in and takeover. The resolution for tonight is for the state to provide assistance. He said that people should get their information straight as all employees will be affected by the 32 hour work week. He said that he is also passionate as he cares about the City. Commissioner Santiago said that the manager made it clear that the 32 hour work week would affect everyone. Commissioner Kelley said that he would like to receive the document where the 32 hour work week related to everyone. He said that the original document he saw did not reflect this and that is how people get confused about what is going on. Adrian Alexander, 15101 NW 33rd Court, said that her water bill jumped from eighty dollars ($80.00) in March to five hundred and twenty seven dollars and fifty cents ($527.50). In April the water bill jumped to six hundred and four dollars and fifteen cents ($604.15). May 22 — 23, 2016 she stayed at home on purpose to see if the City would come and read the meter. No one came to read the meter but she is receiving these big bills. She said that she will not pay for something that she did not do. The City' financial problem was brought about because of this situation right here and she needs to understand who is going to fix the water bills. Dwayne Manuel, 3432 NW 182nd Street, Miami Gardens, Florida 33056, said that he will not exacerbate the already worsening issues plaguing Opa-locka. He is here to continue to rely on the citizens of Opa-locka that the leaders who swore to uphold the United States Constitution, the Florida State Constitution and its statutes to protect the lives of citizens working and paying taxes in this community. He said that the commission has failed at completing their only conditional responsibility and it is sad. With such behavior shown over the last couple of weeks by the mayor and commission, it is clear to state officials and county leaders that the issues plaguing the City of Opa-locka does not even deserve saving. Regular Commission Meeting Minutes—6/01/2016 3 Mayor Taylor stopped the citizen from speaking and told him that he should go to the City where he lives and bring issues to them. Mr. Manuel said that he has the right to speak as a citizen and tax payer who has family that lives in Opa-locka. City Attorney Brown explained to Mr. Manuel that he has a right to speak, but the Florida Supreme Court has made it very clear on how and when you are allowed to speak. He told Mr. Manuel that he can finish his statement and if it goes too far field, he will cut him off because there are certain parameters by which someone is permitted to speak. The Florida Supreme Court states that if you are not speaking on a resolution, you do not have the right to speak. But this commission has extended a wide degree of latitude to the public to speak on things other than resolution items. He told him that what he is talking about is not going to be voted on, but if the commission wants to entertain him then they may do so. The mayor is within her right to cut you off because you are not speaking on an item that is going to be voted on tonight by the commission. Mr. Manuel asked the attorney what happened to the person that spoke before him. He said he feels like he is being attacked. City Attorney Brown told him that he is not being attacked and that he was just setting the record straight. Mr. Manuel said that he is not being allowed to voice his opinion. He asked the attorney what were the parameters that he spoke of and if he could read them to him because he does not think that he has violated any of them. City Attorney Brown cited a case between Homestead Miami Speedway and the City of Miami in which the City did not violate the Sunshine Law where there was a public participation and debate on some, but not all issues. There is no issue that will be voted on tonight so if he wants to encourage the commission to carry out its constitution duties that is one thing, but no other issues will be voted on tonight. Mr. Manuel said that he expect that same language to be given to anyone else that comes up to speak about the judiciary issues that are affecting this community and not just be plaguing one individual because he very is outspoken. He said that he feel that this is what is going on here. There is an attempt by the board to silence someone, he is not disrespecting anyone. He values and respects everyone there, but as a citizen and taxpayer in this county, and from his end he has a responsibility to come out and make sure the commission is listening to the concerns of the citizens in the community. He has family who live in the community. Mayor Taylor thanked Mr. Manuel for coming to the meeting. Eric Redmon, Villa Francine, said that he is a resident of the City. He said that he is concerned with what is going on with employees and it has nothing to do with his daughter-in-law being a subject of the situation. Employees have been terminated and have tried to apply for unemployment and cannot get it. He said he does not understand it. They also cannot get their sick and vacation time. The employees have kids to feed and bills to pay; they are entitled to their benefits. He said that he has spoken to several departments and each one is blaming the other for what is going on. This is not right. He said that he does not care whose fault it is, but it Regular Commission Meeting Minutes—6/01/2016 4 need to be straightened out because the employees worked for it and they earned it so they should receive it. Sandra Collado spoke about the ongoing issues with her high water bills. (This portion of the audio is inaudible). Brian Dennis, 3135 NW 133 Street, said that it is funny how information being leaked out, but when they ask for a public records request they cannot get it. The very same people talking to The Herald are the very same people leaking out the information, but they cannot get it. He said that when citizens like himself that just so happen to work for The Miami Times is trying to get public information based on certain contracts that are written out, they get passed around. But when someone takes a payout, it is immediately reported to The Miami Herald. The problem is on the fourth floor. He said that the City needs to do something about it because the Finance Department gave him the run around when he requested the checks for My Lawn, but somehow The Herald got reports that Mr. Chiverton got his money. Other people have also looked for money and wonder why they could not get their money and it was because the information was leaked. The sad part about this is that it is document about who is doing this, but they go and get whistle blowers and EEOC protection as if they are really doing something. They are tied together in corporations with each other and they are doing all of the talking in the paper. What is going to be done about this because they are not reconciling the accounts in Finance and that is what is putting the City in a hole. Astronomical money is being paid to people with high price salaries and they are not doing anything. They are tied to the former city manager that every time he makes a statement, they make a statement. Now with the untimely demise of Commissioner Pinder, everyone is left exposed to who is doing what. The salaries are out of control. And the sad part about it is that there are people making that kind of money who should not be making it no matter how long they have been here. Some employees have only been there for fifteen minutes and are making that kind of money. Some employees are doing the work that other employees are being paid for. It is not fair. He said that he won't even mention the water bills because everyone already knows where it is. They can send letters hundreds of miles away to Tallahassee, but cannot send a letter one mile to the flea market letting them know to give back the money. Natasha Ervin, 670 Dunad Avenue, asked the commission if the flags should be flying half staff because she is concerned about it. She said that her next statement is a rebuttal to the last meeting when she was here. Someone took a shot at her indirectly and she wants it be known that she did volunteer her services to the City because she loves the City and she would do anything to help get the City to where it needs to be. She said that she offers her assistance anytime she can to help the City. She shows up at workshops to try and give her input to help the City. She said she is not belittling anyone, but if the commission sat on the public side and listened to some of the things that they say out of their mouths they would probably side with what they are thinking. It is not fair to come and voice your concerns because you what to make a difference and nothing happens. She said that she is here to do whatever she can do to get the City from the place it is in now to another place except for the taxes, she is not paying any more taxes. The high water bills are not fair to the citizens and we have to do better. There being no further persons to speak, Mayor Taylor closed the floor for citizens input. 12. ACTION ITEMS: Regular Commission Meeting Minutes—6/01/2016 5 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT BROOUGHT BY SHARON MARQUEZ VS THE CITY OF OPA- LOCKA, FLORIDA, AND DAVID CHIVERTON (CITY MANAGER—INDIVIDUALLY), CASE #: 16-CV-21458-KMW, IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the resolution. Commissioner Kelley said that he had mentioned several times in previous workshops that the attorney's office be included in the process and abide by all of the rules and regulations. This has come up and it needs to be defended, but if the City does not start following the rules and regulations, more of these types of lawsuits will follow. The employee has since been rehired but the case still needs to be defended even though the City cannot afford it. Back then he said in the previous meetings that before anyone is laid off to make sure that the City follows the process. He said that he hopes something is put in place either by legislation or through the manager to prevent this from happening again. He asked the attorney what was the cap amount for defending the lawsuit. City Attorney Brown said that the matter has been deferred to the Florida League of Cities as the principle legal defense as they are the insurance provider and The Brown Law Group will hack them up in the event that there are excess liability issues. He does not know what the cap is for defending the suit. Commissioner Kelley said that he wants to know if there is a cap or some type of legislation in place regarding these types of suits. He knows the league will defend it and hopefully it will not incur any costs, but he has learned not to assume anything with this commission when it comes to spending. He said that if there is no legislation in place then he will craft something through the attorney's office at another time. He said he has not heard anything where there was a process going forward where employees are let go and then brought them back. City Attorney Brown said that the process that was followed during the first round of layoffs when Mr. Baker was city manager came from the AFSCME union contract. He does not know the basis of the lawsuit, he has read the complaint and he understands the complaint but that is something that will be fretted out as litigation moves forward. He said that a process was followed that was set forth in the AFSCME contract. Commissioner Kelley said that he is not going to play with words. He said that he knows that there is a process with the AFSCME contract, but he wants to know if there is a process that the attorney has signed off on that says this meets legal sufficiency because he does not want to see this type of situation again. He said that he will work on the legislation to put a cap in place. He said that he knows the process was not followed for bumping, but that is another conversation. Commissioner Santiago said that the former manager Mr. Baker is the one that started the layoffs. But the one name that no one is mentioning is Mr. Shiver and he is the one that laid off lower level employees and then the City brought them back. He said that he does not think it is Regular Commission Meeting Minutes—6/01/2016 6 fair. The commission did not create this kind of situation. He asked the attorney if he worked for the City. City Attorney Brown replied, "Yes I do". Commissioner Santiago asked the attorney if this was a City issue. City Attorney Brown said that pursuant to the agreement that the City has with his law firm; and pursuant to other agreements that the City has with other law firms that the city has hired to represent it; whenever there was outside litigation that was required by the law firm, the City paid the outside law firm the cost for outside litigation. It is no different from Greenspoon Marder and is the same term that was added to this agreement. He acknowledged that he worked for the City but said that based on this agreement that is what it is called for. Commissioner Santiago said that they should take into consideration that the City is trying to get out of the financial situation that they are in and they have to have control in everything and be sure of what they are doing as it costs money to tax payers. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 2 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT TO DEFEND THE LAWSUIT BROUGHT BY JOSEPH BARTON, ET AL, VS. THE CITY OF OPA-LOCKA, FLORIDA, CASE #2016-11180 CA-01 SECTION 24 (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley for discussion. City Attorney Brown explained that this was a lawsuit brought by the owners of the formerly known Joe's Liquor Store. The business that was operating there ceased to exist. They then applied for a business tax receipt and a certificate of use to operate a liquor store at that location which is in violation of the City's current zoning code and land development regulation code. They brought the lawsuit to force the City to give them a license to operate a liquor store at the formerly known Joe's Liquor Store on Wilmington and 22nd Avenue. He went to court with them two (2) Fridays ago when they filed an emergency injunction and the courts denied the injunction. There is a special set hearing in November and that is where the case is. All the city is doing is upholding the City's land development regulations and it's zoning requirements that prohibits a liquor store location within a thousand feet of a parked church or school. Commissioner Kelley said that he understand that there is a liquor store that is trying to come back, but he still wants there to be a cap on defending cases put in place regarding lawsuits. He said that he will support the item today, but he wants a document put in place because this has Regular Commission Meeting Minutes—6/01/2016 7 come up before. There were times when cases were being defended and the amount gets astronomical and the commission is not aware that it has gotten to that point. Given the tight financial constraints, he is concerned. He asked the attorney if there is an amount based on his agreement or does the manager have a policy in place. City Attorney Brown said, "No". He said that former Commissioner Dorothy Johnson required that these types of resolutions and the payment on these types of resolutions come back to the commission for approval. He said that is has been nearly one year since they have petitioned the commission for outside litigation. They have held back invoices. If you look at a packet that came with a report from them about a month and a half ago, there was twenty thousand dollars in monies due to the law firm that they have not been paid on. They have created the bills and have set them aside because they understand the financial challenges that the City is in and they do not want to place undue burden on the City. They will do the work and they will track the bills and when the City is better able to do so, they will apply for payment under those terms. He says that he understands the cap and being fiscally prudent, but there are a lot of things done during the course of litigation and they do not even bill for it; most law firms do. He said that he is on the Miami Dade Expressway Authority Board and they have a case that they have been litigating for three (3) years. Yesterday he asked them what was the cost to litigate the case and the answer was four point five million dollars ($4,500,000.00). He said that at The Brown Law Group they take very seriously the City's financial condition. He told them that if they want him to place a five thousand dollar ($5,000.00) cap and then you have to come back and pay the firm after that then he will. Commissioner Kelley said that he understands process, but still wants there to be an amount set for litigation. City Attorney Brown said that it will be very difficult to place a cap on litigation. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes 3 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA ADOPTING AND APPROVING THE MIAMI-DADE COUNTY'S HONOR CODE FOR ELECTED AND APPOINTED CITY OFFICIALS AND CITY EMPLOYEES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIND FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes for discussion. Vice Mayor Holmes said that he does not agree with the item. Commissioner Kelley said that for the record, a resolution was set forth and passed for appointed and elected officials by Miami-Dade County. It is no different from any other financial laws and integrity principles that have been passed and he is ready to vote. Regular Commission Meeting Minutes—6/01/2016 8 There being no further discussion, the motion on the resolution failed by a 1-3 vote. Commissioner Santiago No Commissioner Kelley Yes Vice Mayor Holmes No Mayor Taylor No 4 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY MANAGER AND HIS DEPARTMENT DIRECTORS TO ATTEND ETHICS TRAINING WITH THE MIAMI-DADE COUNTY COMMISSION ON ETHICS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley It was moved by Commissioner Kelley, seconded by Commissioner Santiago for discussion. Commissioner Kelley said that for the record, it is the same as the last resolution and is no different from any other financial laws and integrity principles that have been passed by Miami- Dade County and he is ready to vote. Commissioner Santiago said that there is nothing wrong with receiving training from the county, but he believes that the manager is an attorney and knows the rules of ethics already. It may cost too much money to train everyone. Commissioner Kelley said that the manager and the directors need training and it will not cost money to the City. He said that he is baffled that this item requires a discussion, but everyone is free to vote how they feel. Vice Mayor Holmes said that he does not see the reason for the county to continuously come out and train staff on ethics. If it was effective then the staff would not be doing the things they are doing and putting the City in the position that it is in. There being no further discussion, the motion on the resolution failed by a 2-2 vote. Commissioner Santiago No Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Pinder Not Present Mayor Taylor Yes 5 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY'S SICK AND ANNUAL LEAVE PAYOUT POLICIES TO BE UNIFORMLY APPLIED TO FULL-TIME AND PART-TIME EMPLOYEES (UNION AND NON-UNION) AND CITY OFFICERS (THE CITY CLERK, CITY MANAGER AND IN-HOUSE CITY ATTORNEY); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley The above resolution was read by Attorney Brown. Regular Commission Meeting Minutes—6/01/2016 9 It was moved by Commissioner Kelley; motion died for lack of a second. 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD AN AGREEMENT AND EXECUTE AN AGREEMENT WITH UNITECH BUILDERS CORP. IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND EIGHT HUNDRED EIGHTY DOLLARS ($357,880.00); FOR THE DESIGN BUILD SERVICES FOR THE NW 38TH AVENUE DRAINAGE PROJECT FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPROPORIATION FUNDS; PAYABLE FROM ACCOUNT NUMBERS 44-541809 AND 76-538340 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, AUTHORIZING THE CITY ATTORNEY TO EXECUTE A WAIVER OF CONFLICT WITH WEISS SEROTA, ET AL., (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by Commissioner Kelley The above resolutions were read by title by Attorney Brown Motion died for lack of a second. 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, ADOPTING AMENDMENTS TO THE WATER SUPPLY ELEMENT OF THE CITY'S COMPREHENSIVE DEVELOPMENT MASTER PLAN ALSO KNOWN AS THE "SUSTAINABLE OPA-LOCKA 20/30 COMPREHENSIVE PLAN", ORDINANCE NO. 15-20, TO BE CONSISTENT WITH THE CITY'S PROPOSED 2015 20-YEAR WATER SUPPLY FACILITIES WORK PLAN AND ENHANCE COORDINATION WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. AUTHORIZING TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND REVIEW AGENCIES; PROVIDING FOR A REPEALER PROVISION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (first reading held on October 28, 2015). Sponsored by City Manager Regular Commission Meeting Minutes—6/01/2016 10 The above ordinance was read by title by City Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak; the floor was closed. It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes 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 SOMA PROPERTIES FOR SITE PLAN APPROVAL TO CONSTRUCT A 104 MARKET RATE RESIDENTIAL UNIT PROJECT, THAT WILL CONSIST OF 64 ONE BEDROOM ONE BATH UNITS AND 40 TWO BEDROOM ONE BATH UNITS OF WHICH 10 UNITS WILL BE AVAILABLE AS LIVE/WORK MIXED USE UNITS (ON THE GROUND FLOOR FACING THE PARKING LOT) ON THE 2.01 ACRES OF LAND LOCATED AT NW 22ND AVENUE AND NW 138TH STREET, ON PROPERTY WITH FOLIOS 08-2122- 011-0310; 08-2122-011-0260; 08-2122-011-0250; 08-2122-011-0240; CONTAINING 87,748 SQUARE FEET OR 2.01 ACRES MORE OR LESS BY CALCULATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by City Attorney Brown. Mayor Taylor opened the floor for a public hearing. Hope Calhoun said that the apartment units will be located on 22nd Avenue between 136th and 138th Street. She said that they are proposing 104 market rate rental apartments and the canal next to the land will not be affected. The complex will also contain live/work units. Commissioner Santiago said that it is a wonderful idea and he likes it. Commissioner Kelley said that he likes the idea, but he has concerns. He said that he asked questions in a previous meeting and still hasn't received any answers. If the issues aren't addressed now, then there will be problems moving forward. Gregory Gay, Community Development Director, apologized to Commissioner Kelley for not getting back with him sooner regarding his concerns. He said that most of the information he inquired about did not come in until a day or so ago. He said that the issues can be resolved moving forward. Regular Commission Meeting Minutes—6/01/2016 11 Vice Mayor Holmes said that the five story complex near the municipal complex has a bad parking setup and cars are all along the side of the road because they didn't factor in the parking when building it. He said that he wants to support it, but he does not want a repeat of those problems after they have agreed with the building plans. Commissioner Santiago said that the project is a good idea. Even if the traffic and parking may be an issue, the project is good for the City. He said that he supports it. Mayor Taylor said that she has no problems with the development. She asked if the will be a fence around the back of the complex where the canal is. Mr. Gay said, "Yes". Mayor Taylor said that she has seen beautiful apartments built up and then in an effort to fill up the units, Section 8 is accepted and sometimes brings domestic issues which takes a toll on the Police Department. She asked the developer if they will be accepting Section 8. Ms. Calhoun said that the development is not being built with government funds and they do not intend to start that practice. She said that the company has another complex nearby and they have never charged anything outside of market rate for their units. There being no further persons to speak; the floor was closed. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to pass the resolution. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF SOMA PROPERTIES FOR DEVELOPMENT AGREEMENT TO CONSTRUCT A 104 MARKET RATE RESIDENTIAL UNIT PROJECT, THAT WILL CONSIST OF 64 ONE BEDROOM ONE BATH UNITS AND 40 TWO BEDROOM ONE BATH UNITS OF WHICH 10 UNITS WILL BE AVAILABLE AS LIVE/WORK MIXED USE UNITS (ON THE GROUND FLOOR FACING THE PARKING LOT) ON THE 2.01 ACRES OF LAND LOCATED AT NW 22ND AVENUE AND NW 138TH STREET, ON PROPERTY WITH FOLIOS 08- 2122-011-0310; 08-2122-011-0260; 08-2122-011-0250; 08-2122-011-0240; CONTAINING 87,748 SQUARE FEET OR 2.01 ACRES MORE OR LESS BY CALCULATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager The above resolution was read by title by City Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak; the floor was closed. Regular Commission Meeting Minutes—6/01/2016 12 It was moved by Commissioner Santiago, seconded by Commissioner Kelley to pass the resolution. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Kelley 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 SOUTH FLORIDA SCHOOL OF EXCELLENCE FOR SITE PLAN APPROVAL TO OPERATE A CLINICAL EDUCATION SCHOOL AT 3400 NW 135TH STREET AT PROPERTY IDENTIFIED BY FOLIO NO. 08-2128-003-0340; 08-2128-007-0200; 08-2128-007-0290; CONTAINING 95,464 SQUARE FEET OR 2.19 ACRES MORE OR LESS BY CALCULATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by City Attorney Brown. Mayor Taylor opened the floor for a public hearing. Batul Maniar, South Florida School of Excellence introduced herself to the commission and said that she is available for any questions they may have regarding the school. Commissioner Santiago said that he supports the school. Commissioner Kelley said that he has concerns, but will wait until the presenter speaks before making a statement. Vice Mayor Holmes asked if the location was equipped to handle the youth. Ms. Maniar said that they have taken every step to ensure that they can accommodate the youth. Mayor Taylor asked Ms. Maniar if the school has the proper certification to work with autistic youth. Ms. Maniar said that the school has obtained all of the required certification for operating. Vice Mayor Holmes said that he cannot support it at this time. He expressed his concerns about the school being in that particular area of the City due to safety concerns. Commissioner Kelley said that he has a question for staff. There being no persons to speak; the floor was closed. It was moved by Commissioner Santiago, seconded by Commissioner Kelley for discussion. Regular Commission Meeting Minutes—6/01/2016 13 Commissioner Kelley said that he had met with staff and let them know that he had concerns about the project. He said that he does not like the ratio of autistic students to regular students. He said that transportation is also an issue as there may be a problem with dropping off and picking up the youth. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes Mayor Taylor announced that the governor has just issued an executive order based on the resolution that was passed tonight. She thanked the governor. Commissioner Kelley asked the mayor to repeat what she said. Mayor Taylor repeated her announcement. Commissioner Kelley said that he does not think that is what the governor said, but he will wait to hear an official statement. Mayor Taylor asked for order in the meeting as the crowd became unruly. Vice Mayor Holmes said that he will not tolerate any of the outbursts that are going on in the meeting. He told the audience that they are welcome to stay at the meeting, but if they do not like what they hear then they can leave. Commissioner Santiago agreed with Vice Mayor Holmes and then requested a moment of silence in honor of the late Commissioner Terence K. Pinder. Mayor Taylor agreed with Commissioner Santiago's request and said that they will do it at the end of the meeting. 17. CITY MANAGER'S REPORT: Acting City Manager Harrell thanked the governor for providing the City with the assistance that it needs to move forward. She then went on to provide a report on the steps that are being taken to solve the financial issues. Commissioner Kelley said that he told the previous manager and he will say it again, she has four bosses; she only needs three (3) votes, but she has four (4) bosses. He said that he has asked her to keep him updated on what is going on, he has asked her for certain things and have not received it. Some of the information that he is getting is coming from the streets and not from management. Going forward, he wants the professional courtesy of getting the information that he requests in a timely manner. Mayor Taylor thanked the manager for all of her hard work. 18. OFFICIAL BOARD REPORTS: Regular Commission Meeting Minutes—6/01/2016 14 No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Santiago said that Bingo Night has changed to June 17, 2016 and will be held at Sherbondy Park. The 4th of July event is being held as scheduled. Commissioner Kelley said that Movie Night has been postponed because of the wake for Commissioner Pinder on Friday. Farm Share Food Distribution was held this morning and the DMV was on site to assist residents. On June 18, 2016 from 9:00 - 12:00p.m. is the father and child fishing outing at Ingram Park. Vice Mayor Holmes told Acting City Manager Harrell that he knows she is doing a difficult job. He told her that he supports her and hopes she will continue to focus on the job. Mayor Taylor encouraged everyone to vote. She reminded them that the Miami Dade County Elections Department comes to the City every month to provide voter services. She said that there is a flyer available with all of the information for the funeral arrangements for Commissioner Pinder. There was a moment of silence for the late Commissioner Pinder. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to adjourn the meeting at 8: . :.- 1._ - ) MAYOR / ATTEST: !. . ■ ■ k 1 .0 I CITY CLERK Regular Commission Meeting Minutes—6/01/2016 15