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HomeMy Public PortalAbout10-October 12, 2016 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, October 12,2016 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 7:00 p.m. on Wednesday, October 12, 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: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Commissioner John B. Riley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Mayor Taylor along with the City Commission presented certificates of appreciation to Public Works Department employees and Universal Waste Services employees for the work they did during Hurricane Matthew. 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 13-3 (Commissioner Santiago); pulled 13-1 and 13-2 (Vice Mayor Holmes). A request was made to amend the agenda as follows: NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY (THE BROWN LAW Regular Commission Meeting Minutes—10/12/2016 1 GROUP LLC) TO DEFEND THE CITY IN THE UNITED STATES ASSOCIATION OF CDC, INC. VS. CITY OF OPA-LOCKA, FLORIDA (CASE NUMBER 2016-024089 CA- 01) LAWSUIT (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney It was moved by Commissioner Riley, seconded by Commissioner Kelley to amend the agenda to include the above resolution as item 14-1. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Riley Yes Commissioner Santiago No Vice Mayor Holmes Yes Commissioner Kelley 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 Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—09/14/2016. It was moved by Commissioner Riley, seconded by Commissioner Kelley to approve the minutes of the Regular Commission Meeting on September 14, 2016. 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 Special Commission Meeting—09/30/2016. It was moved by Commissioner Riley, seconded by Commissioner Kelley to approve the minutes of the Special Commission Meeting on September 30, 2016. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes—10/12/2016 2 Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, Commissioner Barbara Jordan's Office, District I, said that the commissioner is still looking into fulfilling Vice Mayor Holmes request for a bus for the Seniors on the Move Program; he will keep the commission updated. Also, Commissioner Jordan is hosting a Hispanic Heritage event on this coming Saturday from 1-5 p.m. at Country Village Park, 6550 NW 188 Terrace and is free to all residents. Mayor Taylor asked Mr. Gardner if he brought any flyers for the event. Mr. Gardner said, "Yes". 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: George Howard, 2491 NW 135th Street, said that he went to the State Attorney's Office and requested a report from the Opa-locka Police Department and they refused to give it to him. He presented documents that showed his ownership of the property located at the address above as well as other properties that he owns. He said that the Opa-locka Police Department is corrupt. He has spoken to the police department and the city manager's office about a CO being issued at his property so that the criminal element can be removed and nothing has been done. Someone needs to come and help because the building has been condemned, but the city manager still allows squatters to come in. In addition to that the police department has issued him a no trespassing order for his property and this is not right. Marc Cooper, 6801 SW 75th Terrace, said that he owns the collard greens stand at 1515t Street and 22nd Avenue. He has received several citations for buses that are located on the property while dealing with different administrations in the City and whenever a new city manager comes to the City he has the same issues to deal with. He would like for the commission to have a policy that deals with these kinds of issues no matter who is the city manager. Jorge Suarez, 1341 Dunad Avenue, said that his water bill is about one thousand dollars for this month and it does not make sense. He wants to know what the City intends to do about it since he does not have a leak. He brought the paperwork in from a licensed plumber who stated that he has no leaky pipes. Mayor Taylor asked the city manager if she is aware about Mr. Suarez issue and if his account is being monitored. It will take three (3) months to assess the issue and make a determination about whether or not Mr. Saurez readings are accurate, or was this address a part of the accounts that were being estimated. Regular Commission Meeting Minutes—10/12/2016 3 Dorothy Johnson, 13724 NW 22nd Place, started off by asking for additional time to explain the situations of the group she is representing. She said that there is a disconnect between the City and the residents. The residents want to hear from the commission and not about them; they want to work with the commission and not for them. There are several advisory boards active and no appointments have been made. If this is an oversight then please look into the situation. The fountain at the gateway still does not work and over four hundred thousand dollars was spent on the project. She said that there was too much bulk waste around the City one day before the hurricane and this could have posed a problem. A Town Hall Meeting was called, but the outcome of the meeting is unknown. The drainage system is backed up with debris and some residents go around and attempt to clear them on their own. The services in the City are dwindling and something needs to be done. The City needs to get it together and the commission needs a wakeup call. Eric Redmon, Villa Francine, said that he did not come before the commission to bash anyone. He thanked the manager and the clerk for the work they did in preparation for Hurricane Matthew and informing the community. He also thanked the commission for going into the community and speaking to residents to ensure that everyone was okay. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO EITHER PIGGYBACK OFF OF MIAMI-DADE'S EXTERNAL AUDITING SERVICES AGREEMENT OR SELECT A VENDOR FROM THE LIST OF AUDITORS VETTED BY MIAMI-DADE COUNTY; 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 Vice Mayor Holmes, seconded by Commissioner Kelley for discussion. Commissioner Kelley said that he is concerned because the financial books have not been audited and HCT has resigned from working for the City. An RFP should be conducted so that the City can retain an auditor to have the finances accounted for. Vice Mayor Holmes asked the city manager if the City is looking for another auditor. City Manager Harrell said, "Yes, the City is currently looking to hire another auditing firm or auditing individual." Commissioner Santiago said that the city manager needs to retain another auditor as quickly as possible. City Manager Harrell said that the county has already vetted a list of auditors that the City can choose from and that is the route that she will be taking. She said that she and her staff has already obtained a list from the county and is moving forward. Regular Commission Meeting Minutes—10/12/2016 4 Commissioner Kelley said that he had already suggested this long before now and this item is not new because he had already put it on the agenda from a previous meeting. He said that he was out sick and the item was deferred. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Mayor Taylor Yes 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, PERMITTING PUBLIC HEARING ON ORDINANCES FOR FIRST READING; 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 Vice Mayor Holmes, seconded by Commissioner Kelley for discussion. Vice Mayor Holmes asked the sponsor for clarity on the item. Commissioner Kelley said that when certain ordinances are read, the community is not given the opportunity to speak on it and by the time the ordinance comes back it is being voted on by the commission. Vice Mayor Holmes said that the community has the right to come and speak on all issues pertaining to the City. Commissioner Riley said that the ordinance may have a cost attached to it; he asked the clerk if all ordinances have to be advertised. City Clerk Flores said that she is unsure if the first reading ordinance has a cost attached to it if it is advertised, however according to Florida Statutes, the City is required to advertise for second reading. City Attorney Brown said that it is his opinion that it is required by law to have the public's input on first reading ordinances. Commissioner Santiago asked the city attorney if this means that the commission has been violating the resident's rights to speak during first reading ordinances. City Attorney Brown said that the policy that the commission had in place did not require the public to speak on first reading ordinances, but by law they should be allowed to speak on issues that affect them. Commissioner Kelley said that item was put on to allow the residents to speak on all ordinances that affect them and the commission can either vote it up or down. Regular Commission Meeting Minutes—10/12/2016 5 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 Mayor Taylor asked the city attorney when the item comes into effect. City Attorney Brown said that the ordinance is effective immediately. Vice Mayor Holmes said that he is concerned that this has never been brought to the attention of the commission before. He said that anyone can come back and challenge previous ordinances that were voted on because they were not given the opportunity to speak on them. Mayor Taylor agreed with the vice mayor and asked the city attorney why this was not mentioned to the commission before now. City Attorney Brown said that he has mentioned it before and with all due respect he will be sterner in the future when bringing important concerns before the commission. 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING THE CITY CANVASSING BOARD AS SET FORTH IN SECTION 8.5-9 OF THE CODE OF ORDINANCES OF THE CITIY OF OPA-LOCKA, FLORIDA, FOR THE NOVEMBER 29TH, 2016 SPECIAL ELECTION; 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 Riley, seconded by Commissioner Santiago for discussion. Commissioner Santiago said that he is concerned that someone's mistake is going to cost the City thousands of dollars to have a special election; that is a lot of money and the City does not have it. Whoever made the mistake has already done it, but the clerk and the attorney needs to ensure that it does not happen again. City Attorney Brown said that it has nothing to do with someone making a mistake, it has to do with the State vs. James Wright decision and the need to fill the seat left by the unfortunate passing of the late Commissioner Terence Pinder. Vice Mayor Holmes said that the mistake that Commissioner Santiago is talking about is the initial filing for the commissions seat and not having the funds available, it is not about someone else in another city and their case with the state. Regular Commission Meeting Minutes—10/12/2016 6 City Clerk Flores said that she wants to be clear as the city clerk that she has complied with all local and state government laws and does not want the error in question to reflect on her. Commissioner Kelley said that the commission has to ensure that the canvassing board is in place to ensure that all procedures are being followed. He said that the commission needs to decide who they want now or an announcement needs to be made for those who are interested to come and express their interest. Commissioner Kelley said that if it can be done tonight, then he wants to select Dorothy Johnson. City Attorney Brown said that the commission has until Friday to select the individuals that they would like to have on the canvassing board. A motion was made to amend the resolution as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING THE CITY CANVASSING BOARD AS SET FORTH IN SECTION 8.5-9 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA, FOR THE NOVEMBER 29TH, 2016 SPECIAL ELECTION; AND ALLOWING THE CITY COMMISSION TO EACH SELECT THE INDIVIDUAL OF THEIR CHOOSING TO CANVAS ON THE NOVEMBER 29TH 2016 SPECIAL ELECTION, AND WILL ANNOUNCE THOSE CHOSEN AT THE NEXT REGULAR COMMISSION MEETING; 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 Vice Mayor Holmes, seconded by Commissioner Kelley to pass the resolution. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 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 Regular Commission Meeting Minutes—10/12/2016 7 Mayor Taylor Yes 13. CONSENT AGENDA: 14. NEW ITEMS: 1 (14-1): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY (THE BROWN LAW GROUP LLC) TO DEFEND THE CITY IN THE UNITED STATES ASSOCIATION OF CDC, INC. VS. CITY OF OPA-LOCKA, FLORIDA (CASE NUMBER 2016-024089 CA- 01) LAWSUIT (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson came before the commission and reminded them that former Attorney Joe Geller had already brought the statute for the first reading ordinance to the attention of the commission and she is happy that they are amending the ordinance. She is also happy to be nominated for the canvassing board and wants to ensure that anyone else appointed to the board is a resident. Commissioner Riley asked what determines the payout on the claim. City Attorney Brown said that the league will determine whether or not it is a general liability claim. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the resolution. Commissioner Kelley said that it is no secret that he does not like open ended litigation and he is concerned about what it will cost to defend the case. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: 1. REQUEST OF FLORIDA INDUSTRIAL PROPERTIES SIX, LLC, FOR APPROVAL TO AMEND THE DEVELOPMENT AGREEMENT TO CONSTRUCT Regular Commission Meeting Minutes—10/12/2016 8 AND OPERATE A MIXED USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL, INDUSTRIAL, AND RETAIL USES AT 3325 NW 135TH STREET, OPA-LOCKA, FL 33054, ALSO IDENTIFIED BY FOLIO 08-2121-007-2700; CONTAINING 272,741 SQAURE FEET OR 11.20 ACRES MORE OR LESS BY CALCULATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE; The above hearing item was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson, 13724 NW 22"' Place, said this item came before the commission previously and was not approved. She said that the property looks like a dump and she hopes that it will be fixed up because it looks deplorable. Hope Calhoun, attorney on behalf of Mr. Vega the property owner, said that the starting date to begin construction has been pushed back. The completion date for the project is set for December of 2017. He needs to have a signed agreement from the commission so that he can go to the bank and obtain the financing to begin construction. The company has pulled all of the necessary permits and is ready to proceed once the agreement has been signed by the City. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Santiago to pass the resolution. Commissioner Kelley said that the last time they met on this item it was very challenging. He asked why it is taking so long for the item to move forward. Gregory Gay, Community Development Director, said that there were challenges with advertising and other items were advertised first so this item kept being pushed back. Commissioner Kelley said that it makes no sense to have this on hold for so long and the owner did everything that they were supposed to do including pulling permits. If the company needs the commission's approval to obtain financing for the project, it should not take this long. Commissioner Santiago said that if it affects the business owners then the City needs to be readily available to resolve these types of issues. Vice Mayor Holmes asked the Community Development director what the location will consist of. Mr. Gay said that the location will mirror that of the shopping plaza on 167th Street and 27th Avenue which includes gas stations, restaurants, car wash, laundry mat, etc... There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Regular Commission Meeting Minutes—10/12/2016 9 Vice Mayor Holmes No Mayor Taylor Yes 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING SECTION 2-316 OF THE CITY CODE TO REDUCE THE AMOUNT THE CITY MANAGER MAY SPEND FOR PURCHASING SUPPLIES AND SERVICES FROM TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO FIVE THOUSAND DOLLARS ($5,000.00) WITHOUT THE CITY COMMISSION'S APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson, 13724 NW 22nd Place, said that she is recommending that the city commission look at the budget as the amount in the past for this item was twenty five hundred dollars ($2,500.00). She recommended that the City consolidate all of its supplies and have one general area where the employees have to sign for supplies that they receive. She said that the amount needs to reduced from twenty five thousand dollars ($25,000.00) to five thousand dollars ($5,000.00) to save monies. Karen Jackson, 2250 NW 139TH Street, said that she works for the City of Miami and all of their supplies are in one place and they have to put in an order that is approved by each department's supervisor. They order the cheapest of everything, nothing fancy. Twenty five thousand dollars is too much money; even the five thousand dollars ($5,000.00) on the item now is too much money with the current state of the City. There being no further persons to speak on the public hearing, and the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to pass the ordinance on first reading. Vice Mayor Holmes asked the city manager if the state has commented on the item as of yet. City Manager Harrell said that all of the expenditures from the City have to go through the oversight board and whether it's one dollar ($1.00) or more, the state has the final approval. Vice Mayor Holmes said the item should remain at twenty five thousand dollars and if the state wants to approve or disapprove, then it is up to them, but the city manager s hands should not be tied. Commissioner Santiago said that he agrees and the amount should remain as is and let the city manager do what she has to do and if it needs to go before the state, then let them decide. He said Regular Commission Meeting Minutes—10/12/2016 10 that he is going to make a recommendation for the manager's salary to increase because she has a hard job. He does not believe the state will have an issue with that because they know of the job that she is doing. Commissioner Kelley said that the item has nothing to do with the city manager or her salary or anything else. It is about regulating what the manager can spend. Not to talk about the current manager, but previous city managers have taken advantage of the twenty five thousand dollar ($25,000.00) cap and have put in requests for payment for twenty four thousand dollars ($24,000.00) to abuse the cap amount for their own gain. Commissioner Riley said that it is not only services that are affected by the cap, but if there is an emergency, then the city manager should not have to call a special meeting and come before the commission when he/she can make the decision to handle the situation immediately, that is what he thought the cap was for. Commissioner Kelley said that he will defer the item since everyone is taking the intent of the item a different way. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING A NEW ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVIATION OF THE HISTORIC PRESERVATION BOARD AND THE ENVIRONMENTAL (TREE) PRESERVATION BOARD; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR CONFLICT AND REPEALER CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 14, 2016). 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 on the public hearing, and the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Riley to pass the ordinance on second reading. There being no discussion, the motion on the ordinance passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Out of Room Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING A NEW LAND USE ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION OF THE PLANNING COUNCIL AND THE ZONING BOARD OF APPEALS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A CONLFICT AND REPEALER Regular Commission Meeting Minutes—10/12/2016 11 CLAUSE AND RESCINDING ALLORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 14, 2016). 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 on the public hearing, and the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Riley to pass the ordinance on second reading. Commissioner Riley asked if there was a conflict between zoning and planning because it used to be mandated that they be separate. City Attorney Brown said that if they are sitting as a planning council, then they are sitting as an advisory board. If they are sitting as the zoning of appeals, then they are a quasi-judicial board and their functions and role have not changed. The item that comes before them at the time will determine what they are sitting as. Commissioner Kelley said that he had the same question and asked the attorney to repeat his answer. City Attorney Brown repeated what he had stated to Commissioner Riley. City Manager Harrell said that she wants to defer the item tonight so that it can be properly vetted and brought back before the commission. Commissioner Kelley said that he has a concern about the item. He asked the manager how long will the item be deferred. City Manager Harrell said that she will defer the item for two meetings. City Clerk Flores confirmed the date for bringing the item back which is on November 9, 2016. C. RESOLUTIONS: 1. AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF FLORIDA INDUSTRIAL PROPERTIES SIX, LLC, FOR APPORVAL TO AMEND THE DEVELOPMENT AGREEMENT TO CONSTRUCT AND OPERATE A MIXED USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL, INDUSTRIAL AND RETAIL USES AT 3325 NW 1335TH STREET, OPA-LOCKA, FL 33054, ALSO IDENTIFY BY FOLIO 08/-2121-007- 2700; CONTAINING 272,741 SQUARE FEET OR 11.20 ACRES OF MORE OR LESS BY CALCULATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 27, 2016). Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Regular Commission Meeting Minutes—10/12/2016 12 City Attorney Brown reminded the commission that the item was voted on earlier tonight and needs no further discussion. 17. CITY MANAGER'S REPORT: City Manager Harrell thanked the staff for the work they did in preparation for Hurricane Matthew. The hurricane came at the worst time because it was the week of the bulk trash pickup and there was garbage everywhere. She also thanked UWS for assisting the Public Works Department with the collection. Residents who had called the City out of concern were pleased when they saw that all of the trash was collected around the City. It should be noted that all of the efforts prior to and during the storm will be submitted to FEMA for payment for the charges. She said that last week she along with Mayor Taylor met with Commissioner Jordan and other employees of Miami-Dade County and discussed the need for obtaining a short term loan as well as a payment plan for debts owed by the City. The City was informed that there are challenges with providing a loan to the City, but there is a need to professionalize the Finance and Human Resources Department. She has asked staff to research neighboring cities and see what the current salaries are for key positions so that she can provide the report to the deputy mayor by the end of the week. Two (2) state board meetings will be on Friday and she will be submitting outstanding invoices for payment for the Brown Law Group, Ed Brown Enterprises, and UWS. She concluded her report and asked the commission if they had any questions or concerns. Commissioner Riley said that in addition to the Public Works Department, there were several employees who have volunteered to help some residents to install shutters and made sure that they were comfortable. He thanked them. City Manager Harrell said that she apologized for not acknowledging them. She then went on to thank the OLPD for their work assisting the residents and placing some in shelters for their safety. Commissioner Kelley thanked everyone for the work they did during the Hurricane. He commended the city manager for her effort and asked for the status on zones 1, 2, and 6. City Manager Harrell asked Aria Austin, Public Works Director to come before the commission and provide an update. Aria Austin, Public Works Director, said that items were brought before the board there is a cash flow issue, this includes the Historic City Hall building. The state is looking into the issue and everything is on hold until funds are available. Commissioner Kelley asked for the status on Cairo Lane. Aria Austin, Public Works Director, said that the construction project for Cairo Lane is moving forward. Commissioner Santiago said that he knows that the city manager has a hard job. He said that he was happy that Chief Dobson called to check on him and his family during the hurricane. He said that there are residents who call him near Jackson hospital because there are too many holes in the streets in the area. The water bills are still an issue and being hit with a thousand dollar ($1,000.00) water for one month is a serious problem. The City needs to resolve the issue with the water bills. He told the manager that she is doing a great job and he will sponsor an item for Regular Commission Meeting Minutes—10/12/2016 13 her salary to increase to one hundred thousand dollars ($100,000.00) at the next commission meeting. Vice Mayor Holmes said that he is pleased to hear that the police department is doing a good job. He is also happy that Hurricane Matthew did not cause any damage to the City. He asked the city manager what the status was on the Historic City Hall building. City Manager Harrell said that there are currently no funds available to complete the building and the construction company has disbanded. Vice Mayor Holmes asked about the water deposits that have not been refunded and residents complaining that they were told that the water deposits have been spent. City Attorney Harrell said that the monies in question (over $1,000,000.00) were spent by the previous administration 2014. She said that no monies have been spent during her tenure as city manager. Vice Mayor Holmes asked the city attorney for legislation on the prohibiting of going into restricted accounts and spending the money. Mayor Taylor asked the city manager to conduct a feasibility study into the outsourcing of the Code Enforcement Department. She then asked the city attorney if he had anything to report. City Attorney Brown said that he was supposed to hold an executive session, but canceled it because it was not properly advertised. It will be rescheduled for a later date. Mayor Taylor asked the city clerk to make an announcement. Assistant City Clerk Bullock announced information regarding the upcoming elections. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Kelley said that movie night was postponed for this month because of Hurricane Matthew; Farm Share and Feeding South Florida are still held monthly as scheduled. He thanked the City Clerk's Office for the work they did for the Breast Cancer Awareness Month event that was held earlier this evening in cooperation with the Susan G. Komen Foundation. He said that he is concerned about the potholes around the City that is becoming a big problem for residents and business owners. Commissioner Santiago announced that he will be hosting Bingo on the 4th Friday of this month and everyone is welcomed to attend at no cost to the City. Mayor Taylor asked that an estimate needs to be done to see if some of the worst areas where there are potholes can be filled. 20. OFFICIAL BOARD APPOINTMENTS: Regular Commission Meeting Minutes—10/12/2016 14 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Holmes, seconded by Commissioner Riley to adjourn the meetin: - '.- : p.m. & 4 LAS ' M• FOR ATTEST: CITY CLERK Regular Commission Meeting Minutes—10/12/2016 15