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HomeMy Public PortalAbout07-July 13, 2016 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,July 13, 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, July 13, 2016 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, Commissioner John Riley, 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 Commissioner Joseph L. Kelley. 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: deleted 13-1, (Acting City Manager Harrell); pulled 13-2, 13-4 (Commissioner Kelley); pulled 13-3, 13-5, and 13-6 (Vice Mayor Holmes). NEW ITEMS: 14-1: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ADOPTING A BID PROTEST PROCEDURE TO GOVERN THE PROCESS OF THE BID PROTEST FILED BY UNIVERSAL WASTE SERVICES INC. OF FLORIDA, IN REGARDS TO RFP NO. 16-3103200 COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION SERVICES AS SET FORTH IN (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor & City Commission Regular Commission Meeting Minutes—7/13/2016 1 It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to amend the agenda to include the above resolution as item 14-1. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER RETAIN MIMI B. TURIN, ATTORNEY AT LAW, TO PROVIDE HEARING OFFICER SERVICES FOR THE PROTEST BROUGHT BY UNIVERSAL WASTE SERVICES INC. OF FLORIDA, IN REGARDS TO RFP NO. 16-3103200 COMMERCIAL AND REIDENTIALS SOLID WASTE COLLECTION SERVICES AS SET FORTH IN (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to amend the agenda to include the above resolution as item 14-2. There being no discussion, the motion passed by a 4-1 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SETTING THE PROPOSED MILLEGE RATE OF 10.00 OF AD VALOREM TAXES FOR THE CITY OF OPA-LOCKA, FLORIDA, AS REQUIRED BY LAW FOR THE BUDGET FOR FISCAL YEAR 2016 — 2017 ESTABLISHING THE DATE, TIME AND PLACE FOR THE FIRST AND FINAL PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLEGE RATE AND TENTATIVE BUDGET FOR FY 2016 — 2017; AND DIRECTING THE CITY MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Kelley, seconded by Commissioner Riley to amend the agenda to include the above resolution as item 14-3. There being no discussion, the motion passed by a 4-1 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Regular Commission Meeting Minutes—7/13/2016 2 Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Commissioner Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting—06/01/2016. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Special Commission Meeting on June 01, 2016. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes Regular Commission Meeting—06/08/2016. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to approve the minutes of the Regular Commission Meeting on June 08, 2016. There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes Special Commission Meeting—06/20/2016. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Special Commission Meeting on June 20, 2016. Regular Commission Meeting Minutes—7/13/2016 3 There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Bradley Woodson, District II, Commissioner Jean Monestime's Office, Spoke about the two (2) parcels of land that will be built at the Opa-locka Airport. He said it will go to the trade and tourism committee on the 14th of this month. The information is available online. Special presentation by Miami-Dade County Commissioner Barbara J. Jordan, District I. 10. PUBLIC PRESENTATION: Barbara J.Jordan, Commissioner Miami-Dade County Commission,District I Re: Special Presentation for Parks and Recreation Department Swimming Program Commissioner Jordan announced that as of June 1St she was re-elected as commissioner of District I; she noted that no one chose to run against her this term. She congratulated Commissioner Riley on his appointment to the city commission. She then went on to present a check in the amount of two thousand dollars ($2,000.00) to the City for swimming lessons. This check is given annually by the commissioner. 11. CITIZENS' INPUT: Eric Redmon, Villa Francine, asked that the commission refer Villa Francine to Commissioner Monestime's Office since they are in need of assistance. He also asked who the manager and the attorney reports to. He said that while he is not questioning their qualifications, it looks like they report to the state and not the commission since the oversight board has convened. He asked the commission what authority they carry since the state is running the show and the consensus is that the commission is "just here". He said that maybe the attorney needs to do some research and see if this situation can be rescinded because there is too much going on. The police department is not even getting the cars anymore and they are in need. Toroni Mitchell, 14225 NW 22nd Place, questioned the customer service training that the City is providing to employees. She said that she had an incident with an employee recently and it was not good. She has had incidents before and more training needs to be provided. She commended Commissioner Santiago for hosting the 4th of July event. She said that this year's event was mostly catered to the Hispanic community. She said that the event should be for all residents. There being no persons to speak, Mayor Taylor closed the floor for citizens input. 12. ACTION ITEMS: Regular Commission Meeting Minutes—7/13/2016 4 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RETROACTIVELY APPROVING THE COMMUNITY SPACE LEASE AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND PROFESSIONALS SHARING WITH A PURPOSE, LLC, (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes for discussion. Commissioner Kelley said that he supports the program, but hopes that processes and procedures are done in a timely manner when bringing new programs into the City. He has said that staff needs to be trained and certified to run the swimming program. Vice Mayor Holmes asked the manager if the agreement will cost anything to the City to which Acting City Manager Harrell said, "No". Commissioner Riley questioned why the agreement had not been attested by the clerk, but it was being voted on and implemented by the commission. Commissioner Kelley said that was the issue that he had. He asked the manager to be sure that the proper protocols are being followed and documents are signed before coming before the commission. Commissioner Santiago reiterated that the program must be free for the Opa-locka residents. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Commissioner Kelley requesting that this portion of the minutes is provided to him verbatim. 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, NAMING THE ANNUAL OPTIMIST FOOTBALL HOMECOMING THE TERENCE K. PINDER ANNUAL HOMECOMING FOOTBALL WEEKEND"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING 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 support the item because of the manner in which he was killed and the allegations that were told before he died. It is sad to hear everything regardless Regular Commission Meeting Minutes—7/13/2016 5 of it being true or not, but the City should not honor someone for something and they do not deserve. He said that he will never support anything like this for anybody. Let Commissioner Pinder rest in peace and let the City move forward. Commissioner Kelley said that the last time he checked. A person was innocent until proven guilty; he was simply trying to honor his colleague for his work with the kids in the community. He asked that the commission just put it too vote and whatever the outcome is, that is what it will be. Mayor Taylor asked Commissioner Kelley if this was a onetime thing or is it supposed to be annually. Commissioner Kelley said it is a onetime thing for this year and then if someone else wants to do it in the coming years that is fine with him. Commissioner Santiago asked Commissioner Kelley how the youth in the community feel about what is being said in the media. Commissioner Kelley said that he hopes that in the future when things are said about people in the media, it will be treated like the law. He said that since the item is being questioned in this manner then he will defer it. 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SUSPENDING ALL CITY COMMISSION OR COMMISSIONER SPONSORED EVENTS, EXCLUDING COMMISSION MEETINGS AND SPECIAL CALL MEETINGS, AND INCLUDING CERTAIN OTHER MATTERS, UNTIL SUCH TIME AS THE CITY HAS RECOVERED FROM ITS FINANCIAL EMERGENCY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by Commissioner Santiago The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago for discussion. Commissioner Kelley said that he does not understand why this same has been on the agenda several different times in past months. He understands that no one is trying to put on a show and make it too seem like money is being spent when there is a financial emergency but all of his events are done at no cost to the City. He said that it seems he is being singled out for his community outreach programs and those activities are for the benefit of the City. Mayor Taylor asked the manager if any overtime is paid to employees for working these activities. Acting City Manager Harrell said that it depends on the staff. If the employee is salaried then no, but if it is an hourly employee, anything after the standard hours would incur overtime. Commissioner Kelley said that he has gone through several city managers about this and it was vetted and told to him that there is no fiscal impact on the City for his activities. He said that he is taking this item personal. Regular Commission Meeting Minutes—7/13/2016 6 Mayor Taylor said that she is sorry Commissioner Kelley feels that the item is personal towards him. She said that it is the commission who should feel personal about the activities because they are not included on any of the advertising and are not a part of the activities, they are only invited. She asked the manager if there is a fiscal impact to the City. Acting City Manager Harrell said that she was just informed from Chief Dobson that the activities do have a fiscal impact on the City. Commissioner Kelley said that he is flabbergasted that he is hearing that the activities have a cost since he was told that it did not. He asked the clerk to pull the minutes where the previous manager has said that there was no fiscal impact on the City. He said that he will bear the cost in the future for his activities. Vice Mayor Holmes said that Commissioner Kelley is going about the situation the wrong way. He said that Commissioner Kelley is using these activities to campaign and he needs to be honest about it. Commissioner Kelley said that he has been doing these same activities since 2000. He said that campaigning is when you wait until the last minute and go out in the community, but he has been doing these outreach programs for years. He does not like that people are saying he is campaigning when the community benefits from the activities. Commissioner Santiago said that he is fine with having events, but it should not cost money to the City and it does. There being no further discussion, the motion on the resolution failed by a 4-1 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley No Commissioner Riley No Mayor Taylor No 4 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY ON THE EXPENSE ASSOCIATED WITH THE TERMINATION OF THE CURRENT LEASES FOR THE VEHICLES PROVIDED TO THE COMMISSION MEMBERS AND THE COST OF LEASING LESS EXPENSIVE VEHICLES WHERE APPROPRIATE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Santiago The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago for discussion. Commissioner Kelley said that the state mentioned this same thing in the last meeting and it was suggested that the commission's cars and other rentals and leases be turned in. He said that with the exception of the vice mayor's vehicle, what is the plan for the vehicles. Regular Commission Meeting Minutes—7/13/2016 7 Acting City Manager Harrell said that the state has already given the directive to the City as to how to deal with the vehicles and that is what she is going to follow. Mayor Taylor asked Commissioner Santiago if the item is still needed since the state has already addressed it. Commissioner Santiago said that he wants the study to be done anyway because some of the vehicles cost too much money. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 5 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY ON THE OUTSOURCING OF CERTAIN CITY RELATED FUNCTIONS AND SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Santiago The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Riley for discussion. Commissioner Kelley said that he knows that the sponsor put the item on the agenda before the state stepped in to help. At this point, the oversight board will be looking at all of the functions and services of the City so he does not see the need for this. He asked for clarity. Commissioner Santiago said that the parks and recreation department is not generating. He has also been told that one of the facilities is being leased and no revenue is being collected. He also addressed Public Works. Commissioner Kelley said that two (2) departments should not be picked out when all departments need to be evaluated. Vice Mayor Holmes said that nothing needs to be outsourced; it needs to be done in house. He said that the Public Works employees need to be brought back and the work needs to be done in house. Commissioner Riley asked where the time will come from to do this study to determine cost. Mayor Taylor said that the manager knows most of what is entailed in the study so it will not take much time to do. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Holmes Yes Regular Commission Meeting Minutes—7/13/2016 8 Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 13. CONSENT AGENDA: 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 BROUGHT IN GRACE ACADEMY INTERNATIONAL, INC. VS. THE CITY OF OPA-LOCKA, FLORIDA, CASE #: 2016-CA-013329 (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY THE BROWN LAW GROUP, LLC, FOR OUTSIDE LITIGATION, EVICTION AND LIEN RECOVERY SERVICES AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 3 (13-5). 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 Vice Mayor Holmes The above resolutions were read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to pass the resolutions. There being no discussion, the motion on the resolutions passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Commissioner Kelley asked the mayor if the policy has changed regarding allowing citizen's to speak during citizens' input. He said that the policy is for the citizen to speak on their issue and then the manager can direct his/her staff to address the issue. He said tonight he has witnessed commissioners speaking on the issues of the citizens and providing dialogue regarding their situation and this should not be so. He said that he would like to address some of these issues as well,but he remains quiet with respect to the policy. Mayor Taylor said that the policy has not changed. 14. NEW ITEMS: Regular Commission Meeting Minutes—7/13/2016 9 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1 (16-1). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 15-31, SECTION 22-118 PROPERTY MAINTENANCE, "I", OF THE LAND DEVELOPMENT REGULATION DEALING WITH EXTERIOR COLOR STANDARDS FOR COMMERCIAL BUILDINGS, INDUSTRIAL BUILDINGS, MULTI-FAMILY BUILDINGS, DUPLEX RESIDENCES AND SINGLE-FAMILY RESIDENCES; FURTHER PROVIDING FOR RESTRICTIONS AND REQUIREMENTS FOR THE EXTERIOR COLORING OF EXISTING AND NEW COMMERCIAL, INDUSTRIAL AND RESIDENTIAL STRUCTURES; FURTHER PROVIDING FOR THE VARIANCE PROCESS FROM THE COLOR REQUIREMENTS OF THIS ORDINANCE FOR INDUSTRIAL ZONED PROPERTY BUILDINGS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT REGULATION AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Santiago to pass the ordinance on first reading. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 17. CITY MANAGER'S REPORT: Acting City Manager Harrell said that she has provided a report to the dais and is available to take any questions that they may have. Commissioner Kelley said that he wants the manager to put it on the record that she has not taken funds out of the water and sewer funds before receiving approval from the commission. He also asked that she addressed the citizens concern regarding the contracted employee. Acting City Manager Harrell said that the article that was printed in the herald is false and slanderous. She said that she has not taken anything out without advisement from the bank. She said that she did not know which employee the citizen was referring too. Regular Commission Meeting Minutes—7/13/2016 10 Commissioner Kelley said that if there is not contracted employee then she has nothing to explain. Commissioner Santiago thanked the manager for explaining and clearing up any discrepancies that was written in the article. He said that he knows that she will not jeopardize her integrity. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Santiago said that the 4th of July event will be held as scheduled. Commissioner Kelley said that he hosted the annual father and son fishing event on last Saturday; movie night was not held this month, but will resume next month; Farm Share and feeding South Florida are still held monthly as scheduled. Mayor Taylor asked the male employees if they enjoyed the fish fry that she hosted for Father's Day. She congratulated Commissioner Riley on his appointment to the City commission. She said that they went through the proper channels for appointing a person to fill the vacant commissioner's seat. She said that the media is printing that the state has taken over and this is not true, they are here to assist in getting the City back on track. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, the meeting adjourned at 9:41p.m. MAY LL' ATTEST: a �) CITY CLERK Regular Commission Meeting Minutes—7/13/2016 11