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HomeMy Public PortalAbout09-September 28, 2016 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, September 28, 2016 7:00 P.M. Sherbondv Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra Taylor called the meeting to order at 7:00p.m. on Wednesday, September 28, 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: City Manager Yvette Harrell, 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 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: pulled 13-2, 13-3 (Vice Mayor Holmes); pulled 13-5 (Commissioner Santiago); NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SETTING THE SECOND PUBLIC HEARING ON THE FISCAL YEAR 2016-2017 MILLEGE RATE AND BUDGET ADOPTION FROM MONDAY OCTOBER 3, 2016; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to amend the agenda to include the above resolution as item 14-1. Regular Commission Meeting Minutes—9/28/2016 1 There being no further discussion, the motion passed by a 4-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Not Present Mayor Taylor Yes 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE AGREEMENTS BETWEEN THE CITY OF OPA-LOCKA, FLORIDA, AND E.R. BROWN ENTERPRISES, LLC. EFFECTIVE AS OF MARCH 3, 2016 (EXHIBIT "A") AND ALLOWING PAYMENTS UNDER THE SAME; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Riley, 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 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Not Present Commissioner Riley Yes Mayor Taylor Yes 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING AND AUTHORIZING THE CITY MANAGER TO REJECT ALL PROPOSALS SUBMITTED IN RESPONSE TO REQUEST FOR PROPOSALS (RFP) 16-3103200 CITY WIDE RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; 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 failed by a 3-1 vote. Vice Mayor Holmes No Commissioner Kelley Not Present Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Santiago, seconded by Commissioner Riley to approve the agenda, consent agenda and pull list. Regular Commission Meeting Minutes—9/28/2016 2 There being no discussion, the motion passed by a 4-0 vote. Commissioner Kelley Not Present Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—09/21/2016. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Regular Commission Meeting on July 13, 2016. There being no discussion, the motion passed by a 4-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Not Present Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Bradley Woodson, District II, Commissioner Jean Monestime's Office, said that the Florida Department of Transportation (FDOT) is providing additional funding for the Opa-locka Executive Airport. Mayor Taylor said that she would like for some of the functions that District II puts on to be held in Opa-locka. Commissioner Riley said that he made an appointment to meet with Commissioner Monestime since August and has not heard anything from his office. Mr. Woodson said that he will look into the situation. Commissioner Santiago said that he does not like the fact that there is money being made off of the Opa-locka Airport and the City cannot benefit from it to help with the financial situation. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Sitrina Walker, 630 Dunad Avenue, said that last month her water bill was around fifty dollars ($50.00) and this month her bill is around two hundred dollars ($200.00). She wants to know why the drastic increase. Mayor Taylor instructed the city manager to handle the issue. Regular Commission Meeting Minutes—9/28/2016 3 Frankie Quinn, 1216 Sharazad Blvd, said he has the same issue. He said that his bill went from forty dollars ($40.00) to almost six hundred dollars ($600.00) in one month. Why? The city manager was also instructed to handle this issue. Alvin Burke, 1240 Jann Avenue, said that he is pleased to see that grace Academy is still in the City. He asked if they settled with the City? Mayor Taylor asked Mr. Burke to wait until the city manager gives her report to receive an answer to his questions. 12. ACTION ITEMS: A motion was made to defer items 13-3, and 13-4, and 16.A.2 since the sponsor was not present. It was moved by Vice Mayor Holmes, second by Commissioner Santiago to defer the above items. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Not Present Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A SETTLEMENT BETWEEN GRACE ACADEMY INTERNATIONAL, INC. AND THE CITY OF OPA-LOCKA (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 Santiago, seconded by Commissioner Riley for discussion. Commissioner Santiago asked the city attorney to provide clarity on what was going on with litigation between Grace Academy and the City and monies that were spent. City Attorney Brown said that the school was paying ten thousand dollars ($10,000.00) a month and now they are paying over thirteen thousand dollars ($13,000.00) a month. Additionally, they have paid the City sixty five thousand dollars ($65,000.00) in back rent which the City would not have gotten had the school moved out. Commissioner Santiago said that it is good that they have revenue coming in, but he wants to know what will happen in the future if it happens again. Regular Commission Meeting Minutes—9/28/2016 4 City Attorney Brown said that the City made every effort to prevent litigation, but Grace Academy sued first and the City had to be defended. The City won the suit. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Kelley Not Present Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 2 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CALLING FOR A GENERAL ELECTION TO BE HELD IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA, ON NOVEMBER 8, 2016,; PROVIDING FOR AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF THE SPECIAL ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION IB THE CITY AT LEAST FIFTEEN 915) DAYS PRIOR TO THE ELECTION AS SET FORTH IN SECTION 8.5-3 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA; 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 Santiago, seconded by Commissioner Riley for discussion. Commissioner Santiago asked the clerk if the resolution was for the special election. City Clerk Flores said that the resolution was for the general election. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Not Present Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE CERTAIN PARCELS OF LAND ON CAIRO LANE (EXHIBIT-SURVEYS "A") AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS (EXHIBIT-PURCHASE AGREEMENTS `B") NECESSARY TO AFFECTUATE FOR THE PURCHASE OF THE SAID PARCELS OF LAND (EXHIBIT-APPRAISALS "C") FOR AN AMOUNT NOT TO EXCEED Regular Commission Meeting Minutes—9/28/2016 5 $45,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager 2 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CALLING FOR A GENERAL ELECTION TO BE HELD IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA, ON NOVEMBER 29, 2016, TO FILL THE UNEXPIRED TWO (2) YEAR CITY COMMISSION TERM OF COMMISSIONER TERENCE K. PINDER ; PROVIDING 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 HERIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELCTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolutions were read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Santiago to pass the resolutions. The motion on the resolutions passed by a 4-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Not Present Mayor Taylor Yes 14. NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SETTING THE SECOND PUBLIC HEARING ON THE FISCAL YEAR 2016-2017 MILLAGE RATE AND BUDGET ADOPTION FROM MONDAY OCTOBER 3, 2016; 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 pass the resolution. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Not Present Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes Regular Commission Meeting Minutes—9/28/2016 6 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE AGREEMENTS BETWEEN THE CITY OF OPA-LOCKA, FLORIDA, AND E.R. BROWN ENTERPRISES, LLC. EFFECTIVE AS OF MARCH 3, 2016 (EXHIBIT "A") AND ALLOWING PAYMENTS UNDER THE SAME; 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 pass the resolution. There being no discussion, the motion passed by a 4-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Not Present Mayor Taylor Yes 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CREATING CHAPTER 23 OF THE CODE OF ORDINANCES, ESTABLISHING A COMPLAINT PROCESS, METHOD OF INVESTIGATION, AND REMEDIES FOR EMPLOYEES AND INDEPENDENT CONTRACTORS WHO REPORT ACTIVITIES IN VIOLATION OF SECTION 112.3187 OF THE FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the 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 on the public hearing, the floor was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to pass the ordinance on first reading. Commissioner Santiago asked the attorney to provide clarity on the item. City Attorney Brown said that the item is known as The Whistle Blower Act. It is being put in place because the state came to the City and requested that something be put in place for employees to be able to report fraud in the workplace without fear of retaliation. There being no discussion, the motion on the ordinance passed by a 4-0 vote. Commissioner Kelley Not Present Regular Commission Meeting Minutes—9/28/2016 7 Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 4 ARTICLE I SECTION 4.3-HOURS OF SALE IN GENERAL BY REPEALING AND DELETING ALL REFERENCES TO HOURS OF SALES IN GENERAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley 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 on the public hearing, the floor was closed. 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 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Not Present Commissioner Riley Yes Mayor Taylor Yes 17. CITY MANAGER'S REPORT: City Manager Harrell said that she provided a report to the dais and is available to take any questions that they may have. Additionally, she said that she knows that the commission is not aware of all of litigation that is currently going on with the City so she wants to provide an update. The city attorney does not have a section to speak so she will summarize the cases for him. Grace Academy has come to settlement with the City and the information is provided in the resolution that was on the agenda tonight. Keith Carswell has filed an emergency motion for a temporary injunction to get his job back and the motion was denied in court. Several other settlements are in the works and she will provide the information to the commission as soon as it becomes available. Commissioner Santiago said that the residents are upset about the ongoing issues with the water bills. He said that the residents are important and there is a big problem with the water bills. The people cannot afford to pay these kinds of bills, it is too much. He told the manager that she needs to take some action and find out the truth about the water bills. Half of the meters in the City are no good. He also wants to know why the County is reading meters when no agreement has come before the commission. Regular Commission Meeting Minutes—9/28/2016 8 City Manager Harrell said that the County is not currently reading the meters. She is working on an interlocal agreement with Miami-Dade County to start the process. She also said that the City is looking into changing as many meters as possible to help correct the problems with the bills. Commissioner Riley said that the oversight board had asked why all bids weren't rejected at the last meeting. He said that they could have done it themselves, but they wanted to give the commission an opportunity to do it. He mentioned that his water bill has also doubled. City Manager Harrell said that there was a practice of estimating the reads of almost all of the water meters in the City. Unfortunately there are residents who will see higher bills more often as the city makes an effort to correct the challenges it has been having with policies and procedures. The correction process will result in higher water bills. She is working with the county to ease the transition of the higher bills for the residents. Commissioner Santiago said that he did not hear that answer on yesterday from the manager. He knows that a single person living in a household cannot use five hundred dollars ($500.00) worth of water in one month, something is wrong. Commissioner Riley said that he has met with various county commissioners regarding the situation with the City; the meetings have been productive. Vice Mayor Holmes said that people have been sitting here listening to all of this talk and nothing is happening. It is not right. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Santiago announced that he will be hosting Bingo on September 30, 2016. City Clerk Flores announced that the elections department will be at City Hall on October 11, 2016. It is the last day register for the general election on November 8, 2016. The special election will be held on November 29, 2016. Commissioner Santiago asked the clerk what happens if you lose your I.D. card. City Clerk Flores said that if they show up on voting day with their I.D. card, they will be able to vote. They can also fill out the form for a replacement card to be sent in the mail. City Attorney Brown said that he will be holding an executive session soon to discuss all pending litigation from him and the league. He said that he will be on trial on the week of October 31.d. Agenda items should be submitted to him in a timely fashion so that he can submit it to the clerk's office on time. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: Regular Commission Meeting Minutes—9/28/2016 9 There being no further business to come before the Commission, it was moved by Commissioner Santiago, seconded by Commissioner Riley to adjourn the meeting at 7:58p.m. ��.�� • Y iR ATTEST: p ` VoJ� CITY CLERK Regular Commission Meeting Minutes—9/28/2016 10