Loading...
HomeMy Public PortalAbout07-July 27, 2016 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,July 27, 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 27, 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 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. Commissioner Joseph L. Kelley arrived at 7:06p.m. 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 13-1, (Commissioner Santiago). NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, EXPANDING THE APPROVAL OF THE USE OF WATER AND SEWER RESERVE ACCOUNT TO INCLUDE SALARIES AND SALARY RELATED EXPENSES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to amend the agenda to include the above resolution as item 14-1. Regular Commission Meeting Minutes—7/27/2016 1 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 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, GIVING THE CITY MANAGER AUTHORITY TO USE FUNDS FROM THE WATER AND SEWER OPERATING ACCOUNT TO PAY SALARIES, SALARY RELATED EXPENSES AND OTHER NECESSARY OPERATING EXPENSES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to amend the agenda to include the above resolution as item 14-2. 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 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ACCEPTING THE RESIGNATION LETTER FROM THE CITY MANAGER DAVID CHIVERTON; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Riley, seconded by Commissioner Santiago to amend the agenda to include the above resolution as item 14-3. 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 A discussion was had regarding the manner in which Mr. Chiverton resigned and each member of the commission gave input on how the resignation was handled. A request was made the commission for the city attorney to reach out There being no further discussion, the motion failed by a 3-2 vote. Vice Mayor Holmes No Commissioner Kelley No Regular Commission Meeting Minutes—7/27/2016 2 Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Commissioner Santiago to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—06/22/2016. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to approve the minutes of the Regular Commission Meeting on June 22, 2016. There being no discussion, the motion passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Bradley Woodson, District II, Commissioner Jean Monestime's Office, announced that there will be a back to school giveaway on August 5, 2016 at Oakgrove Park. Commissioner Kelley inquired about the meeting that he requested with Commissioner Monestime's office. Acting City Manager Harrell confirmed that a meeting was scheduled the week after next. Mayor Taylor recommended that future events that are held be closer to Opa-locka so that the residents here can participate. 10. PUBLIC PRESENTATION: Roderick Harvey, CPA CVA HCT Certified Public Accountants and Consultants, LLC Ref: Update/Status of City of Opa-locka Audit Regular Commission Meeting Minutes—7/27/2016 3 Mr. Harvey discussed the audit for the City and his firms anticipation of completing the 2014 — 2015 audit as soon as the Finance Department is prepared. 11. CITIZENS' INPUT: Brian Dennis, 3135 NW 134 Street, addressed Mr. Chiverton's resignation and others issues affecting the City. Bridgette McKinney, Professional Sharing With A Purpose, requested the monies that Commissioner Barbara Jordan had presented at the previous meeting for the swimming program. Mayor Taylor reminded Ms. McKinney that she said she would provide swimming lessons and life jackets through her organization. She informed Ms. McKinney that the money is presented annually to the City and is not available at this time because of other obligations and upkeep with the pool. Ms. McKinney said that she had written Commissioner Jordan's office for assistance with her program and the money that was presented was for her organization. Members of the dais collectively donated to the organization to help pay for the life jackets since the funds that Commissioner Jordan presented was no longer available. Velma Eason, There being no persons to speak, Mayor Taylor closed the floor for citizens input. 12. ACTION ITEMS: 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA, ON NOVEMBER 8, 2016, TO FILL THE UNEXPIRED TWO (2) YEAR CITY COMMISSION TERM OF COMMISSIONER TERENCE K. PINDER; PROVIDNG FOR AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF THE SPECIAL ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION AS SET FORTH IN SECTION 8.5-3 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Clerk The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Riley to pass the resolution. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Regular Commission Meeting Minutes—7/27/2016 4 Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes Commissioner Riley asked why the item was subject to state approval when it has no fiscal impact on the City. City Clerk Flores informed Commissioner Riley that the up and coming election does have a fiscal impact on the City. It incurs cost including but not limited to mail-outs and absentee ballots and therefore has to be presented to the state for approval. 13. CONSENT AGENDA: 2 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO EXECUTE A WAIVER OF CONFLICT WITH GENOVESE, JOBLOVE & BATTISTA, P.A. (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 Santiago for discussion. Commissioner Santiago asked the sponsor if there will be any fiscal impact to the City. City Attorney Brown informed Commissioner Santiago that there will be no fiscal impact to the City for the item. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 14. NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, EXPANDING THE APPROVAL OF THE USE OF WATER AND SEWER RESERVE ACCOUNT TO INCLUDE SALARIES AND SALARY RELATED EXPENSES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, and the Regular Commission Meeting Minutes—7/27/2016 5 floor was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago for discussion. Commissioner Santiago asked the city manager where the funds were that the state should have been sending to help out City with its financial situation. Acting City Manager Harrell said that the state has not committed to any funds for the City. Commissioner Kelley said that this item came before them previously with different wording. He wants to know how much money is left in the water and sewer reserves, and is it the goal to continue using those funds for the rest of the fiscal year. He also wants to know the repayment plan will be to return the funds. Acting City Manager Harrell said that there is one million two forty one thousand nine hundred and eighty four dollars and fifty five cents ($1, 241,984.55). She said that it is least problematic to use reserves funds as opposed to enterprise funds. Commissioner Kelley is concerned that there will be challenges to repay the money that is taken from the reserves. There being no 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 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, GIVING THE CITY MANAGER AUTHORITY TO USE FUNDS FROM THE WATER AND SEWER OPERATING ACCOUNT TO PAY SALARIES, SALARY RELATED EXPENSES AND OTHER NECESSARY OPERATING EXPENSES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, and the floor was closed. It was moved by Commissioner Riley, seconded by Commissioner Kelley for discussion. Commissioner Kelley asked the city manager what the OTHER NECESSARY OPERATING EXPENSES were from the resolution. Acting City Manager Harrell said that there are other deductions that come from the employees checks that have to be paid by the City. While it is technically the employee's checks, the city pays the deductions so it is an expense. There is also overhead i.e. FPL, telephones, and etc... Regular Commission Meeting Minutes—7/27/2016 6 Commissioner Kelley said that Ingram Park has no basketball nets and that should be considered when deciding where to expend the funds. There being no 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 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, ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO. 15-31, THE LAND DEVELOPMENT REGULATION/ CITY ZONING CODE ORDINANCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, and the floor was closed. It was moved by Vice Mayor Holmes, 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. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 2 (16-2). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 90-7, CHAPTER 2, ARTICLE VI, DIVISION 1 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES, CREATING SECTION 2-230.2, ESTABLISHING A "CONE OF SILENCE" POLICY FOR INVITATIONS TO BIDS, REQUESTS FOR PROPOSALS AND OTHER SOLICITATIONS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDNG FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney Regular Commission Meeting Minutes—7/27/2016 7 The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, and the floor was closed. It was moved by Vice Mayor Holmes, 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 Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 3 (16-3). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, DIVISION 1 OF THE CITY OF OPA-LOCKA, FLORIDA, CODE OF ORDINANCES, CREATING SECTION 2-325, ESTABLISHING A PROTEST PROCEDURE FOR INVITATIONS TO BIDS, REQUEST FOR PROPOSALS AND OTHER SOLICITATIONS; 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 Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, and the floor was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley for discussion. Commissioner Kelley said that he wants to meet with the attorney regarding the item There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley 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 an extensive report to the dais and is available to take any questions that they may have. She said that the City is in an extreme hardship and may not last until December. She will ask the state for some form of a loan at the Regular Commission Meeting Minutes—7/27/2016 8 request of the commission. She informed the commission that there are invoices due that the state has reviewed that need to be paid for the City to continue to operate. Commission Santiago said that it is good to know that progress is being made for the City and the finances. He wants them to revisit the issue with the bus circular on the south route and try to look into funding for the service. Commissioner Riley asked the manager if a recovery plan has been sent to the oversight board and has there been a response to the submitted plan. Acting City Manager Harrell said that a recovery plan or budget has not been sent to the state. Commissioner Riley asked what the state has received from the City regarding a recovery plan. Acting City Manager Harrell said that before the board convened a twenty five page plan was submitted but it was missing a lot of the information that was needed from the state to get a better idea of the condition that the City is in. Commissioner Kelley said that he wanted the manager to look into getting funding for the bus circular on the south route. Acting City Manager Harrell said that Kathy Jackson is looking into the situation and she will provide the information once it is available. Commissioner Kelley expressed his frustration upon learning that the seniors program was shut down for the summer because of the department being short on staff. He said that he commission should have been informed before the decision was made to close a program. It is unacceptable. He asked the manager to provide him an update on the abandoned homes that are around the City that are overrun and neighbors are complaining about rodents and other animals. He told the manager that while she is dealing with the state, the day to day operations still have to be dealt with to keep the services going for the residents in the City. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Santiago said that bingo night will be held on the fourth Friday of the month at 6:00p.m. Commissioner Kelley said that movie night will be next Friday at 6:30p.m. and there will be a back to school event on August 19, 2016. Food distributions are still held monthly. Mayor Taylor said that she will be joining the Parks and Recreation Department to host a book bag giveaway on August 13, 2016 at Sherbondy Village. She said that the event will not have a financial impact on the City. She thanked the police department for the good job that they have been doing keeping the City safe. She said that she will host a police officer's appreciation day event to thank them for the work they do in the community. Regular Commission Meeting Minutes—7/27/2016 9 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Kelley, seconded by Commissioner Santiago to adjourn the meeting at 9:43p.m. MAY R" ATTEST: 14 . /01\ ' CITY CLERK Regular Commission Meeting Minutes—7/27/2016 10