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HomeMy Public PortalAbout06-June 22, 2022 RCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING June 22, 2022 7:00 P.M. 1. CALL TO ORDER: Mayor Williams called the meeting to order at 7:14 p.m. on Wednesday, June 22, 2022 at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Sherelean Bass, Commissioner Chris Davis, Commissioner Audrey Dominguez, Vice Mayor John H. Taylor Jr., and Mayor Veronica J. Williams. Also, in attendance were: Interim City Manager Darvin Williams, Assistant City Attorney Michelle Pammies, Assistant City Attorney Candice Cobb and City Clerk Joanna Flores. City Attorney Norris -Weeks joined the meeting virtually. 3. INVOCATION: The Invocation was delivered by Chris Davis. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGMENTS: Commissioner Sherelean Bass presented a Proclamation for former Officer Ephriam Brown who passed on June 3, 1986. Chief of Police Israel read a statement on behalf of Officer Brown's family and commended Commissioner Bass for the honor. Commissioners Bass, Davis, and Dominguez, along with Vice Mayor Taylor Jr. and Mayor Williams, announced June 3rd as the Annual Commemoration Day for Officer Ephriam Brown. Officer Brown's family joined the Commission at the podium and made a statement. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Regular Commission Meeting Minutes — June 22, 2022 1 7. 8. Commissioner Dominguez requested to pull agenda items 13-2, 13-3,13 Mayor Williams requested to pull agenda items 13-4 & 13-7. It was moved by Vice Mayor Taylor, seconded by Commissioner Davis Consent Agenda. -9 & 13- 11 and to approve the There being no discussion, the motion to approve the Consent Agenda ass vote. passed by a 5-0 Commissioner Davis Commissioner Dominguez Vice Mayor Taylor Commissioner Bass Mayor Williams Yes Yes Yes Yes Yes APPROVAL OF AGENDA: It was moved by Vice Mayor Taylor, seconded by Commissioner Bass, to Agenda. approve the There being no discussion, the motion to approve the Agenda passed by a 5-0 vote. Commissioner Dominguez Vice Mayor Taylor Commissioner Bass Commissioner Davis Mayor Williams Yes Yes Yes Yes Yes APPROVAL OF MINUTES: Special Commission Meeting - April 8, 2022 It was moved by Vice Mayor Taylor, seconded by Commissioner Davis minutes from the Special Commission Meeting - April 8, 2022. There being no discussion, the motion to approve the minutes passed by a 5-0 vote. Vice Mayor Taylor Commissioner Bass Commissioner Davis Commissioner Dominguez Mayor Williams Yes Yes Yes Yes Yes Regular Commission Meeting Minutes — June 22, 2022 Special Commission Meeting - June 15, 2022 It was moved by Vice Mayor Taylor, seconded by Commissioner minutes from the Special Commission Meeting - June1 22022 Bass to approve the There being no discussion, the motion to approve the minutes passed ed by a 5-0 vote. Commissioner Bass Commissioner Davis Yes Yes Commissioner Dominguez Vice Mayor Taylor g Yes Mayor Williams Yes Yes 9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMIS SIONER REPORT: There was none. 10. PUBLIC PRESENTATIONS: There are None. 11. CITIZENS' FORUM: (Opportunity for discussion of any concerns — please limit to 3 minu tes) City Clerk Joanna Flores announced the protocol for public a Commission meetings. p rticipation at City Mayor Williams opened the Citizens' Forum. Mrs. Sandra Espinal Collado who resides at 301 Bahman Avenue expressed concerns related to the City of Opa-locka's parks being unsafe for the children alleging drinking and partying on the grounds and stating that she has addressed h she has seen es before. Ms. Espinal also shared her opinion that the City of Opa-locka tmuc concerns p the past than it is now and that no one cares about the City anymore. Mr. Brian Dennis who resides at 2140 York Street expressed concern s Staff in the Park & Recreation Department, asking how it was possible on the lacko to City 3 parks. Mr. Dennis went on to comment on what he characterized e for 6 people rho Manager and the Attorney, stating that everybody needs to stay in theirws a tiff netween the said that the report in the Herald has been out there, and they own lane. it. also Dennis continued sharing his opinions that they have the same games just finally reported Mr. new faces. Mr. Dennis concluded by saying that everybody i being having with g slick having little Regular Commission Meeting Minutes — June 22, 2022 graduations because it's campaign time, adding that last he checked, every year there's a class that graduates from Pre -K to College. Retired Police Chief Cheryl Cason who resides at 781 Curtiss Drive expressed how happy she was with Commissioner Bass and the entire Commission about the Proclamation for fallen Officer Ephriam Brown and she commend the Opa-locka Police Department for their continued service to the Community. She pointed out that Rome wasn't built in a day and acknowledged that things are coming, assuring the Commission that she wants to help because they can only do what they can, adding that right now it's great. Ms. Rose A. Tydus, who resides 1101 Dunad Avenue, expressed concerns regarding an application she submitted for an event. Ms. Tydus stated that she received no acknowledgment of the receipt of her application and no status report. She added that she has reached out to the Park & Recreation Department on 3 occasions and was told that they are working on it. She was concerned as a local businesswoman about the lack of communication and that no respect was offered for her 20 years of service as an appointed and an elected official. Ms. Tydus informed the Commission that she applied in another community where she received timely service but stated that she shouldn't have to leave her community to receive communication, respect, and efficiency. Ms. Nikisha Williams who resides at 1200 Jann Avenue thanked the Commission for the work that they do. Ms. Williams said that she supports the boat and watercraft permit, adding that it is a great first step for the City's beautification. She also said that it is common in other cities, and it is not out of the ordinary, reiterating her support for the adoption of the ordinance. Mr. Alex Van Mecl who resides at the Historic Dove House located at 806 Jan Avenue offered his unwavering support for all initiatives that deal with the beautification of the City of Opa-locka, including his advocating for an open storage ordinance to be passed, ensuring safety and minimizing hazards including fires and trash build ups. Mr. Van Mecl pointed out that Miami -Dade County and neighboring cities have much of the same language in their ordinances, including not allowing major boat repairs, stipulating that boats cannot be used for living or sleeping quarters, prohibiting commercial boat parking which he said he knows a lot of people do. He added that Section 98-2200 of the City of Hialeah's code of ordinances, singles out boats and watercraft in a very similar manner. Mr. Van Mecl encouraged the Commission to support the legislation for a City that he said he knows deep down, cares about its appearance. Acknowledging that strides are being made, he concluded by stating that he looks forward to seeing many more to come. Ms. Toroni Mitchell, who resides at 1425 NW 22nd Place stated that she is still awaiting a response about the concerns she raised at the last meeting about her water bill. Ms. Mitchell went on to say that she has called City Hall 2 or 3 times expecting to speak with a Regular Commission Meeting Minutes — June 22, 2022 4 receptionist and has not gotten an answer on the phone yet. She also expressed concern about the train tracks which she believes are damaging vehicles, adding that if the City doesn't want to be liable for taking care of people's repair bills, they need to contact someone to get the tracks repaired. Ms. Mitchell concluded by stating that beautification starts with Historic City Hall and around the City's parks, just as the Commission expects City Residents to keep their homes, urging the City to do a better job of upkeep. There being no additional members of the public to address the Commission, Mayor Williams closed the Citizen's Forum. 12. ACTION ITEMS (items from consent agenda pull list): 1. [13-2] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING ACCEPTANCE OF A MATCHING GRANT AWARD FROM MIAMI -DARE COUNTY FOR IMPLEMENTATION OF THE "PERVIZ STREET TREE PROJECT" TO BE COMPLETED BY JUNE 30, 2022 AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE TREE PLANTING AGREEMENT, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read into the record by Attorney Michelle Pammies. It was moved by Commissioner Davis, seconded by Vice Mayor Taylor to discuss Agenda Item 12-1. Mayor Williams asked Interim City Manager Williams to introduce Agenda Item 12-1. Interim City Manager Williams stated that the project proposed by Agenda Item 12-1 is part of the City's beautification initiative, being administered by Capital Improvement Projects Director Adelina Gross, and he asked her to introduce the Item. Capital Improvement Projects Director Adelina Gross stated that 167 trees would be installed along Perviz Avenue from Sharazad Boulevard to NW 151st Street as well as in the Triangle area. Commissioner Dominguez expressed that she thinks the tree planting project proposed by Agenda Item 12-1 is a great idea, adding that she loves trees and believes this will beautify the City of Opa-locka. The Commissioner said that the only question she had was how 158 trees were going to be planted by June 30th, which she said is the deadline. Capital Improvement Projects Director Adelina Gross informed the Commission that June 30th is the deadline to execute the agreement, and she said that the City received an Regular Commission Meeting Minutes — June 22, 2022 5 extension from Miami -Dade County to install the trees. Ms. Gross also said that once the project is over, they are going to move forward with the presentation of the grant. Commissioner Dominguez noted that she read that it was to be completed by June 30, 2022. Capital Improvement Projects Director Adelina Gross stated that she thinks it was probably added by the Attorney, but she assured the Commission that they have received the extension and will be completing the project by mid -July. Commissioner Dominguez thanked Capital Improvement Projects Director Adelina Gross. There being no additional discussion, the resolution passed by a 5-0 vote. Commissioner Davis Yes Commissioner Dominguez Yes Vice Mayor Taylor Yes Commissioner Bass Yes Mayor Williams Yes 2. [13-3] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SSN ENGINEERING, LLC. FOR CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES FOR ENGINEERING AND DESIGN SERVICES FOR THE CONSTRUCTION AND INSTALLATION OF AN 8 -FOOT WROUGHT IRON (STEEL) FENCING AND ENTRY GATE SYSTEM FOR SEGAL PARK, IN AN AMOUNT OF NINETY-FIVE THOUSAND DOLLARS ($95,000.00); FURTHER AUTHORIZING A TEN PERCENT (10%) PROJECT CONTINGENCY BUDGET OF NINE THOUSAND, FIVE HUNDRED DOLLARS ($9,500.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read into the record by Attorney Michelle Pammies. It was moved by Commissioner Davis, seconded by Commissioner Dominguez to discuss Agenda Item 12-2. Mayor Williams asked Interim City Manager Williams to introduce Agenda Item 12-2. Interim City Manager Williams informed the Commission that the project proposed by Agenda Item 12-2 is also part of the City's beautification initiative under the direction of Capital Improvement Projects Director Adelina Gross, adding that it will also provide safety for Segal Park. The Manager asked Ms. Gross to introduce the item. Regular Commission Meeting Minutes — June 22, 2022 6 Capital Improvement Projects Director Adelina Gross informed the Commission that the project proposed by Agenda Item 12-2 would improve the security and beautification of Segal Park, removing the chain -link fencing, removing all of the trees that are growing into the park from adjacent properties and adding an additional maintenance gate for vehicles. Commissioner Dominguez mentioned that she recalled a Community Redevelopment Agency meeting on January 11, 2021 during which $60,000 was allocated for parks and fencing and the project was to be completed by June 30, 2021. Pointing out that they are now in June of 2022, the Commissioner asked if the $60,000 was included in the $95,000, because she believed it was to be a 50/50 match. Capital Improvement Projects Director Adelina Gross explained that the $60,000 approved by the Community Redevelopment Agency in 2021 is going to be used for Sherbondy Park, where the fencing project already began after it was approved at the last Commission Meeting. Ms. Gross added that the remaining money for the project will come out of the Parks & Recreation Department budget. She said that because of the price of the materials and the cost of construction, they are moving forward with the gates and security fence. Commissioner Davis shared that he often hears concerns about the wrong element that makes it difficult for Residents and families to enjoy the Segal park and commend the City Manager and the administration for everything they are doing to keep the City's public spaces safe. There being no additional discussion, the motion to approve the minutes passed by a 5-0 vote. Commissioner Dominguez Yes Vice Mayor Taylor Yes Commissioner Bass Yes Commissioner Davis Yes Mayor Williams Yes 3. 113-41 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK GENERAL SERVICE ADMINISTRATION (GSA) CONTRACT 47QTCA19DOOGE FOR 24/7 MANAGED CYBER SECURITY DETECTION AND RESPONSE FOR THE CITY'S NETWORK, IN AN AMOUNT NOT TO EXCEED FORTY-ONE THOUSAND, ONE HUNDRED THIRTY DOLLARS AND FIFTY-TWO CENTS ($41,130.52) ANNUALLY; PROVIDING FOR Regular Commission Meeting Minutes — June 22, 2022 7 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read into the record by Attorney Michelle Pammies. Mayor Williams asked Interim City Manager Williams to introduce Agenda Item 12-3. Interim City Manager Williams informed the Commission that the resolution proposed by Agenda Item 12-3 would address the issues with cyber-attacks that governmental systems are facing nationwide, including being held ransom. The Manager asked Interim Information Technology Department Director Lubotes Dauphin to introduce the item. Interim Information Technology Department Director Lubotes Dauphin informed the Commission that the vendor was present, and he said that they were available to answer any questions the Commission may have. Mayor Williams stated that she is glad that the amount has gone down and asked if the cyber security package would be available to all City Departments or only to certain Departments. Interim Information Technology Department Director Lubotes Dauphin confirmed that the cyber security service will be provided to all City Departments because it is for the protection of the City's Internet services. Mayor Williams also asked if the services provided by the vendor will include the ability to make payments for City services online. Interim Information Technology Department Director Lubotes Dauphin informed the Commission that the system to pay online for City's services is a totally different system. Mr. Dauphin went on to explain that the system being proposed by Agenda Item 12-3 is to protect the City from outside invaders from coming into the City and attacking through the Internet with ransomware. Interim City Manager Williams confirmed that the resolution proposed by Agenda Item 12-3 is not to digitize the City. Mayor Williams thanked Interim Information Technology Department Director Lubotes Dauphin. There being no additional discussion, the resolution passed by a 5-0 vote. Vice Mayor Taylor Commissioner Bass Yes Yes Regular Commission Meeting Minutes — June 22, 2022 8 Commissioner Davis Yes Commissioner Dominguez Yes Mayor Williams Yes 4. [13-7] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE DEMOLITION OF THE STRUCTURE AT 2141 - 2151 ALI-BABA AVENUE, WITHIN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read into the record by Attorney Michelle Pammies. It was moved by Commissioner Davis, seconded by Commissioner Bass to discuss Agenda Item 12-4. Mayor Williams asked Interim City Manager Williams to introduce Agenda Item 12-4. Interim City Manager Williams informed the Commission that the resolution proposed by Agenda Item 12-4 is impacted by both the Community Development Department and the Code Enforcement Department, and he asked Planning & Zoning Official Mr. Gerald Lee to introduce the item first. The City's Zoning Official Mr. Gerald Lee from the Planning & Community Development Department stated the property has been a nuisance for quite some time and that a request for proposals is finally going to be submitted to be able to demolish the property, as it was declared unsafe by the Unsafe Structures Board. Mayor Williams gave kudos to all of the City Departments involved in working to demolish the nuisance property, which she acknowledged is the first step to the revitalization of Magnolia North. Recognizing that it has been something she said that all of the Members of the Commission have been talking about for a very long time, the Mayor said that she wants Residents to know that it has been a hot topic for them for what she believes was over two years. There being no additional discussion, the resolution passed by a 5-0 vote. Commissioner Bass Yes Commissioner Davis Yes Commissioner Dominguez Yes Vice Mayor Taylor Yes Mayor Williams Yes Regular Commission Meeting Minutes — June 22, 2022 9 5. [13-9] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF RAUL FERNANDEZ, DJ OPPORTUNITIES, ET AL V MIAMI- DADE COUNTY AND CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read into the record by Attorney Michelle Pammies. It was moved by Commissioner Bass second by Vice Mayor Taylor to discuss Agenda Item 12-5. Attorney Michelle Pammies informed the Commission that the resolution proposed by Agenda Item 12-5 would approve a settlement agreement with Raul Fernandez, also known as DJ Opportunities, which was one of the cases that the Commission discussed during their Executive Session. She said that based on the guidance from the Commission, the case was settled for $100,000 which the City would receive and not pay and that would represent full settlement of the dispute. Commissioner Dominguez stated that she pulled the item in error but said that she was glad that the information was given. The Commissioner pointed out that in one settlement, the City will receive $100,000 and in the other settlement the City will receive $105,000. She thanked the law group for collecting that money and continuing to do a good job to bring more money to the City. There being no additional discussion, the resolution passed by a 5-0 vote. Commissioner Davis Yes Commissioner Dominguez Yes Vice Mayor Taylor Yes Commissioner Bass Yes Mayor Williams Yes 6. [13-11] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CORRECTING THE NAME OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND WELLSPRING APARTMENTS, LLC TO REFLECT THE CORRECT NAME "WELLSPRING COMMUNITY RESOURCES, INC." FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORDABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVENUE IDENTIFIED BY FOLIOS 08-2122-025-0580 AND 08-2122-025-0590; PROVIDING FOR Regular Commission Meeting Minutes — June 22, 2022 10 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read into the record by Attorney Michelle Pammies. Mayor Williams asked Attorney Michelle Pammies to introduce Agenda Item 12-6. Attorney Michelle Pammies informed the Commission that the resolution that was drafted named one entity while the development agreement that was attached named another. Because there is a lease between Miami -Dade County and Wellsprings Community Resources Inc, the agreement should reflect that name and she said that it would be preferable if the proposed resolution could be approved by the Commission, while allowing a few additional minor modifications to be made to make it consistent with that lease. It was moved by Commissioner Davis second by Commissioner Bass to discuss Agenda Item 12-6. Mayor Williams said that she pulled Consent Agenda Item 13-11 because she wanted to understand whether there was a clause allowing for scrivener's errors, or if there was another reason why the development agreement needed to come back before the Commission. Attorney Michelle Pammies explained that the errors in the development agreement were a little bit more substantive than scrivener's errors. She said that the agreement stated that the property was owned outright, but is actually leased, pointing that out as an example of substantive errors, in addition to wanting to make the agreement consistent with Miami - Dade County's lease. Commissioner Dominguez said that the reason she pulled Consent Agenda Item 13-11 is because the actual development agreement is Wellspring Community Resources Inc and not Wellspring Apartments LLC. The Commissioner pointed out that she was not on the Commission last year when it was brought up and she said that she hadn't seen the backup documentation, but after having Jose Arrojo from the Miami -Dade Commission on Ethics and Public Trust come to the Commission Meeting last week she asserted that she doesn't want to personally be connected to any of it and cannot support it at this time, despite her acknowledging that the project is great. Commissioner Davis pointed out that he was on the Commission when the development agreement first passed back in September of 2020, and he recalled voting in favor. The Commissioner asked if the Commission passed the resolution proposed by Agenda Item 12-6, if it would amend the incorrect entities involved in the naming of the project, as well as the site control being leased and not owned, in addition to making the agreement Regular Commission Meeting Minutes — June 22, 2022 11 consistent with the Miami -Dade County lease. He also asked if those items would be addressed through the City Attorney's Office. Attorney Michelle Panunies confirmed that the City Attorney's Office would need confirmation from City Staff on some of the noted nuances in the development agreement. Commissioner Davis asked if there was any liability for the Commission to vote in favor of the proposed resolution, based on the opinion that was provided by Jose Arrojo from the Miami -Dade Commission on Ethics and Public Trust at the last Commission Meeting. g City Attorney Norris -Weeks informed the Commission that it was Mr. Jose Arrojo from the Miami -Dade Commission on Ethics and Public Trust that brought to their attention the issue of the discrepancy in the development agreement. The City Attorney stated that they had previously advised City Staff that the name that should have been on the agreement was the name that was proper and on the resolution. She went on to say that they are not sure how the other name came to be on the development agreement, explaining that she did not prepare it but somehow it had her name on it and even had a wrong address for her on it in addition to other information that she did not prepare. Pointing out that they did prepare the resolution, she reiterated that they are just looking to clean it up so that it's consistent with the Miami -Dade County lease. Commissioner Davis stated that he understands that much of the work the City Attorney is doing is to address most of the concerns that would lead the City into problems, but he said that he didn't hear a definite answer regarding liability if the Commission approves the proposed resolution, based on the legal opinion. City Attorney Norris -Weeks said that she can't contemplate what Commissioner Davis was asking because she can't tell the Commission where that might come from, adding that it could even come from the developer. The City Attorney concluded that what she can tell the Commission is that they need to correct the development agreement and make it consistent with the lease approved by Miami -Dade County because she said it is clearly wrong right now. Commissioner Bass suggested to table the resolution proposed by Agenda Item 12-6 and have it come back with the correct verbiage based on what the attorneys are saying because she doesn't want to hear that it's going to be edited and would rather that it be fixed first and then brought back before the Commission. City Attorney Norris -Weeks stated that part of the problem is that Interim City Manager Williams has said that he is no longer the president of the entity, g and they have to get answers from somewhere. The City Attorney said that she think hat perhaps City Staff Regular Commission Meeting Minutes — June 22, 2022 12 may know who they can contact to get the answers that they need, addin th name change, the other things needed are relatively minor. g at besides the Interim City Manager Williams acknowledged that there is a discre a resolution stating Wellspring Community p ncY between the d stating Wellspring Apartments LLC. The Manager explained hhea development agreement Resources is a non-profit leaseholder that has no past, current or end ellspring Community projects with the City of Opa-locka, while Wells ring A p mg development has funding from Miami -Dade County, p g partments LLC is a sub -tenant that ty, support from Mayor Daniella Levin Cava's Office, support from Miami -Dade County Commission District 1, and $20 million in bonds affordable housing complex. He stated that while there is a discrepancy, for the development agreement that was proffered by the Community Development it is notm the but actually the resolution which was proffered by the Ci pmec needrtto be corrected to state Wellspring Apartments City Attorney which needs be partments LLC. Mr. Williams concluded by stating that he does anticipate that if the developer is withheld from moving forward wit they will sue on behalf of themselves and Miami -Dade County. h the project, that Attorney Michelle Pammies stated that there may be a document that makes Apartments LLC a sub -tenant, but they don't have it. She acknowled edtha Wellspring that document may be the discrepancy, adding that if there is a sublease bl that not having approved by Miami -Dade County, they can adjust it the other way, but said thataebeen don't have it at this time. thh just ey City Attorney Norris -Weeks informed the Co communication with the Housing Finance Authorityfission that they have been in Attorney's Office, and she said tha either of those entities re the Miami -Dade County between those 2 entities. The City Attorney assured the Co aware of a lease agreement diligence to bring the issue back to the Co mmission that in doing due have had communications and tried to clear hurdles to makeission, she saldsurteat they obviously would that there agreement. She went on to say that at this point, there has been no award, and he no othert what Interim City Manager Williams was referring to was a preliminary said sna even check to see who has ownership or site authority �' thing that doen t developed. The City Attorney said that they just do it so that federal funding can be's being if you meet a number of other factors, and she asked that the Commission nh securedb legal and consistent with what Miami -Dade County help the City be Dade Commission on Ethics and Public Trust has pointed out to be an inconsistency. roved and i the Miami - Commissioner Bass said that for her to be comfortable with her if the City Attorney was saying that in order to continue on with the the wanted to know step would be to correct the name. resolution, the first Regular Commission Meeting Minutes — June 22, 2022 13 City Attorney Norris -Weeks stated that everybody is pointing out that the name on the development agreement needs to be corrected to what Miami -Dade County has approved. The City Attorney went on to say that if at some point in the future the developer is able to show the City that they have some type of contract with Wellsprings Apartments LLC, they can then address it with the Commission to be accurate, but she said that right now they don't want to be in a position where they look like they're not doing something that's proper. Mayor Williams stated her understanding that they're fixing the working on the resolution and also that the development agreement was worded incorrectly. The Mayor expressed her concern that this doesn't happen again, sharing her confidence that resolutions are proper going through one department, but she said that development agreements go through the City, and she stated that she can only imagine how many more development agreements are floating out there that are incorrect, because she pointed out that the Commission passes a lot of development agreements. She said that the City needs to make sure that they have some fail safes in place so that there's not any incorrect documentation that is leaving the City that they don't know about. City Attorney Norris -Weeks stated that Mayor Williams is absolutely right. The City Attorney then informed the Commission that generally what would happen is that the development agreement would come back to the City Clerk's Office with all of the documents to get executed, but she said that while it was approved over a year ago, it was never actually executed or even attempted to be executed. She pointed out that they would have caught it through that process, but she said that it didn't go through the normal process. Mayor Williams thanked the City Attorney. There being no additional discussion, the resolution passed by a 5-0 vote. Commissioner Domingues Yes Vice Mayor Taylor Yes Commissioner Davis Yes Commissioner Bass Yes Mayor Williams Yes 13. ADMINISTRATION: CONSENT AGENDA: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE INTERIM CITY Regular Commission Meeting Minutes —June 22, 2022 14 MANAGER TO REQUEST THAT MIAMI-DADE COUNTY CONDUCT A TRAFFIC STUDY AT THE INTERSECTION OF NORTHWEST 143RD STREET AND NORTHWEST 17TH AVENUE, WITHIN THE CITY AND INSTALL APPROPRIATE TRAFFIC CONTROL DEVICES, AS DETERMINED BY THE TRAFFIC STUDY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager and Vice Mayor Taylor 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING ACCEPTANCE OF A MATCHING GRANT AWARD FROM MIAMI-DADE COUNTY FOR IMPLEMENTATION OF THE "PERVIZ STREET TREE PROJECT" TO BE COMPLETED BY JUNE 30, 2022 AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE TREE PLANTING AGREEMENT, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SSN ENGINEERING, LLC. FOR CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES FOR ENGINEERING AND DESIGN SERVICES FOR THE CONSTRUCTION AND INSTALLATION OF AN 8 -FOOT WROUGHT IRON (STEEL) FENCING AND ENTRY GATE SYSTEM FOR SEGAL PARK, IN AN AMOUNT OF NINETY-FIVE THOUSAND DOLLARS ($95,000.00); FURTHER AUTHORIZING A TEN PERCENT (10%) PROJECT CONTINGENCY BUDGET OF NINE THOUSAND, FIVE HUNDRED DOLLARS ($9,500.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK GENERAL SERVICE ADMINISTRATION (GSA) CONTRACT 47QTCA19DOOGE FOR 24/7 MANAGED CYBER SECURITY DETECTION AND RESPONSE FOR THE CITY'S Regular Commission Meeting Minutes — June 22, 2022 15 NETWORK, IN AN AMOUNT NOT TO EXCEED FORTY-ONE THOUSAND, ONE HUNDRED THIRTY DOLLARS AND FIFTY- TWO CENTS ($41,130.52) ANNUALLY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR A PAVEMENT, SIDEWALK AND ADDITIONAL CITY ASSETS CONDITION ASSESSMENT; FURTHER AUTHORIZING AN EXPENDITURE OF UP TO $3,000.00 FOR ADVERTISING: PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH BEA ARCHITECTS, INC. FOR CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING PROFESSIONAL SERVICES RELATED TO THE RELOCATION OF THE CITY OF OPA-LOCKA'S POLICE DEPARTMENT TO THE FIRST FLOOR OF THE CITY'S MUNICIPAL COMPLEX, LOCATED AT 780 FISHERMAN STREET, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVEN THOUSAND, FIVE HUNDRED TWENTY-TWO DOLLARS AND THIRTY CENTS ($107,522.30); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE DEMOLITION OF THE STRUCTURE AT 2141 - 2151 ALI- BABA AVENUE, WITHIN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR Regular Commission Meeting Minutes — June 22, 2022 16 THE DEMOLITION OF THE STRUCTURE AT 2495 ALI-BABA AVENUE (FORMER CITY POLICE STATION), WITHIN THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF RAUL FERNANDEZ, DJ OPPORTUNITIES, ET AL V MIAMI-DADE COUNTY AND CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF INGRAM PARK APARTMENTS LLC V. MIAMI-DADE COUNTY AND CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CORRECTING THE NAME OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA- LOCKA AND WELLSPRING APARTMENTS, LLC TO REFLECT THE CORRECT NAME "WELLSPRING COMMUNITY RESOURCES, INC." FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORDABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVENUE IDENTIFIED BY FOLIOS 08-2122-025-0580 AND 08-2122-025-0590; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney Vote taken on Consent Agenda items can be viewed under Agenda Item 6 — Approval of the Consent Agenda. 14. NEW ITEMS: There were none. 15. PLANNING & ZONING: Regular Commission Meeting Minutes — June 22, 2022 17 A. PUBLIC HEARINGS: There were none. B. APPEALS: There were none. 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS: A. FIRST READING ORDINANCE(S)/PUBLIC HEARING(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ARTICLE II, DIVISION 2, SECTION 2- 45, OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES, ENTITLED "AGENDA" TO DELETE ALL REFERENCES TO FUTURE AGENDA ITEM(S); PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Taylor The above ordinance was read by Assistant City Attorney Candice Cobb. It was moved by Vice Mayor Taylor, seconded by Commissioner Davis to discuss Agenda Item 16-A-1. Mayor Williams asked Vice Mayor Taylor to introduce his item. Vice Mayor Taylor This item stated that he sponsored the legislation to remove the future agendas items section of the Commission Meeting Agenda because it is preventing the Commission from legislating and moving forward with proffering resolutions and ordinances. The Vice Mayor lamented that some legislation proposed by the Commission is getting lost in the future agenda items process. Mayor Williams opened the Public Hearing for Agenda Item 16-A-1. There being no members of the public to address the Commission, Mayor Williams closed the Public Hearing for Agenda Item 16-A-1. Commissioner Bass stated that she originally supported Vice Mayor Taylor's proposal to remove the future agenda items section from the Commission Meeting Agenda, but she said that after going through the original intent, she cannot support doing away with it. Acknowledging that Vice Mayor Taylor stated that certain legislative items sponsored by the Commission get lost, Commissioner Bass said that it is unfortunate, and she hopes that it never happens again, but she is not going to support doing away with it. Regular Commission Meeting Minutes — June 22, 2022 18 Mayor Williams also acknowledged that she did support Vice Mayor Taylor's proposal to remove the future agenda items section from the Commission Meeting Agenda but said that because the Florida League Cities said it was a best practice because of the issues that the City has had in the past, she is going to agree with Commissioner Bass. The Mayor said that she sees both sides but pointed out that when the Commission says they want an item passed, the City Manager's Office and City Departments work on the item and gives the Commission time as well. Vice Mayor Taylor acknowledged what was said by the Florida League of Cities but stated that everything doesn't work for every municipality. The Vice Mayor pointed out that only the City Manager can bring forth legislation on a whim if there was an emergency resolution, but he lamented that the Commission is not being able to do what they were elected to do, which is to legislate, only because the future agenda items section of the Commission Meeting Agenda is holding the Commission back. He went on to say that they've been on the Dais for 2 years and have seen that the future agenda item process doesn't work opinion and he said that each Member of the Commission has legislation that got lost in the future agenda item process, but he said that they are not all of a sudden in love with the process that does not work for the current City Commission. Mayor Williams commented that Vice Mayor Taylor's statement that the future agenda item section in the Commission Meeting Agenda doesn't work for this Commission is broad and asked him to please refrain from making broad statements on behalf of the entire Commission. The Mayor shared that when she met with the Florida League of Cities her question was what was the best practice for Opa-locka, not for every city, so she asked that they get all of their information correct. She also stated that legislating can still be done by making a motion and she shared her belief that removing the future agenda item section of the Commission Meeting Agenda, will not give City Staff enough time to review and research items proposed by the Commission. Commissioner Dominguez also agreed with Mayor Williams and Commissioner Bass, stating that removing the future agenda items section of the Commission Meeting Agenda would not give City Staff enough time to do research on legislation sponsored by the Commission, which she said is a best practice. Vice Mayor Taylor reiterated that all the Members of the Commission have had legislation that got lost in the future agenda items process but now that the Commission can make it right, they can't support it. Mayor Williams agreed with Vice Mayor Taylor that some of the legislation proposed by the Commission was lost in the future agenda items process, but she Regular Commission Meeting Minutes — June 22, 2022 19 said that she did her homework and that it wasn't just the Florida League of Cities that recommended including a future agenda item section in the Commission Meeting Agenda and that it was an issue they need to fix in-house. Adding that the Commission needs to give City Staff time, she said that the beautiful part about having future agenda items is that she can change her mind, like she did on this future agenda item. The Mayor then suggested calling for the vote unless Vice Mayor Taylor had anything else to say. Vice Mayor Taylor said that he didn't have anything else to say. There being no additional discussion, the ordinance failed by a 4-1 vote. Vice Mayor Taylor Yes Commissioner Bass No Commissioner Davis No Commissioner Dominguez No Mayor Williams No B. SECOND READING ORDINANCE(S)/PUBLIC HEARING(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, PERTAINING TO THE STORAGE OF BOATS AND WATERCRAFT VESSELS; AMENDING ARTICLE V, SECTION 22-114 OF THE CITY OF OPALOCKA'S LAND DEVELOPMENT REGULATIONS, PROVIDING FOR CERTAIN DEFINITIONS; REQUIRING OWNERSHIP OR LEASE OF PARKED BOATS ON RESIDENTIAL PROPERTY; PROHIBITING ENCROACHMENT OF BOATS UPON ANY PORTION OF THE FRONT YARD; PERMITTING ONLY MINOR AND NOISELESS REPAIRS OF BOATS; PROHIBITING BOAT TRAILERS USED FOR LIVING OR SLEEPING QUARTERS; PROVIDING FOR A REGISTRATION PROCESS FOR BOATS AND PERSONAL WATERCRAFT; AMENDING CHAPTER 7, ARTICLE I, SECTION 7-6 OF THE CITY OF OPALOCKA'S CODE OF ORDINANCES TO ADD NEW NUMBER 105 ESTABLISHING A $100 FEE FOR BOAT AND WATERCRAFT VESSELS PERMIT REGISTRATION; AMENDING SECTION 2-570.33 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO ESTABLISH A CIVIL PENALTY FOR NONCOMPLIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on May 25, 2022). Sponsored by Mayor Williams Regular Commission Meeting Minutes — June 22, 2022 20 The above ordinance was read by Assistant City Attorney Candice Cobb. It was moved by Commissioner Bass, seconded by Commissioner Davis to discuss Agenda Item 16-B-1. Mayor Williams stated that the ordinance she is sponsoring would ensure that all boats and watercraft that are stored in the City, have a permit for a fee of $100, which she believes is not a lot if you have a boat. The Mayor shared that she spoke with law enforcement who stated that they agreed with it because when they are looking for someone, boats can potentially house criminals, and she wants to make sure that boats are not being used as sleeping quarters. She said that the legislation is also a holistic approach to beautification. Vice Mayor Taylor stated that he doesn't think it's wise to take punitive action against Residents during the economic crisis. The Vice Mayor also said that he believes Mayor Williams made a judgment call towards the Opa-locka Residents when she said that the proposed $100 permit fee was not a lot of money if they own a boat. He offered to support the legislation if the fee was removed. Mayor Willimas stated that her legislation is all about beautification and that all of the surrounding cities have the legislation. The Mayor said the Commission can't not legislate because of hard times like the pandemic or financial crisis and said that they still have to pay their water bills and renew their automobile tags and that's just what it is. Commissioner Davis stated that he shared some of the same concerns expressed by Vice Mayor Taylor but said that the $100 fee was a user fee and if Residents want to buy a boat, there would be a user fee. The Commissioner also recognized the current housing crisis, but he stated that Residents living in boats is very unsafe in his opinion and he doesn't think the Commission should support something like that. Commissioner Dominguez asked if there were reports from the Police Department with evidence that people are living on boats, because she said that has never heard of such a claim. Mayor Williams stated that the provision against people living on boats was just one part of her proposed legislation and wasn't the major issue. The Mayor also said that through her research she found that the second most common code enforcement violation in the City of Hialeah is special use of recreational vehicles and boats. She also shared that at Miami -Dade County Mayor Daniella Levin Cava's housing roundtable, Hialeah Mayor Bovo mentioned that he was going to Regular Commission Meeting Minutes — June 22, 2022 21 proffer a registration process for trailer homes because he does not want his city to turn into a trailer park. Pointing out that it's about the potential that it could have. Vice Mayor Taylor reiterated his position that he can support the legislation if the fee is removed because he pointed out that Opa-locka already has one of the highest tax rates. The Vice Mayor asked if the legislation is that important to beautification and for registration and permitting purposes, then why charge the fee. Mayor Williams asked why they should not charge the fee to Residents who own boats and watercraft. Vice Mayor Taylor once again explained that he felt it was punitive to charge the $100 fee to Residents who own boats and watercraft. The Vice Mayor went on to state that the fee can't be compared to a driver license or a vehicle registration tag because Residents already have licenses based on laws that have been passed, but the Commission would be adding this fee now during a financial crisis. Mayor Williams stated that you do not stop your life during a financial crisis. Vice Mayor Taylor stated that the view that Residents do not stop their lives during a financial crisis, is the Mayor's opinion. Mayor Williams stated that she is not going to remove the $100 fee to be charged to Residents who own boats and watercraft. Mayor Williams opened the Public Hearing for Agenda Item 16-B-1. There being no members of the public to address the Commission, Mayor Williams closed the Public Hearing for Agenda Item 16-B-1. There being no further discussion, the ordinance passed by a 3-2 vote. Commissioner Bass Yes Commissioner Davis Yes Commissioner Dominguez No Vice Mayor Taylor No Mayor Williams Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE REQUEST OF 3805 NW 132 STREET, LLC. TO REZONE THE PROPERTY LOCATED AT 3805 NW 132ND STREET, IDENTIFIED BY FOLIO 08-2129-010-0090, FOR THE CONSTRUCTION AND OPERATION OF A CONSTRUCTION Regular Commission Meeting Minutes — June 22, 2022 22 AND DEMOLITION WASTE PROCESSING FACILITY ON THE PROPERTY, IN THE I-3 ZONING DISTRICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on May 25, 2022). The above ordinance was read by Assistant Attorney Candice Cobb. It was moved by Commissioner Bass, seconded by Vice Mayor Taylor to discuss Agenda Item 16-B-2. Mayor Williams opened the Public Hearing for Agenda Item 16-B-2. Ms. Hope Calhoun introduced herself as council to the applicant and stated she was available to answer any questions the Commission may have and asked to have the item approved so they can get the property improved. Mr. Mark Cooper, who owns the property located at 12720 Alexandria Drive stated that he owns 2 properties 1500 feet away from the applicant. Mr. Cooper stated what the applicant is trying to do is build a transfer station where they receive garbage and transfer the garbage into larger trucks and haul it away. He also stated that he raised similar objections during the ordinance's first reading, recalling that despite the fact that Commissioner Burke was against it, he didn't vote because he left early, and the vote was 2-2. Mr. Cooper provided photos to the Commission which depicted the end of Cairo Lane on a Monday morning at 5 am, with roofing debris by the metal recycling company, in addition to a pile of dirt that was not there before. He pointed out that Miami -Dade County makes the commercial property owners responsible for what is left on the swale of the property and if the inspector is called, the business owner will receive the fine and have to deal with the garbage. Mr. Cooper said that he feels that the best use for the property is a warehouse and not a truck stop which he worries could become a magnet for more garbage entering the City. He informed the Commission that he has called law enforcement and by time they arrive at the site, the illegal dumpers are gone. Mr. Cooper then stated that the real problem in Opa-locka is infrastructure needs which he suggested should be addressed on Cairo Lane. He concluded by pointing out that he owns a junkyard but is very concerned that the junkyards are all dumping all their dirty water & oils into the canal and one day it is going to be a mess. There being no additional members of the public to address the Commission, Mayor Williams closed the Public Hearing. Regular Commission Meeting Minutes — June 22, 2022 23 Vice Mayor Taylor shared his understanding that the ordinance proposed by Agenda Item 16-B-2 would downgrade the zoning for the existing property to put what they're already doing into an enclosed building. Ms. Hope Calhoun confirmed that Vice Mayor Taylor's understanding was correct and said that because Mr. Cooper was not present for the first reading of the ordinance, she wanted to ensure that he understood that his recommendation that the property be used at its highest and best use was a building, is exactly what is being proposed. Commissioner Dominguez asked if there are any other construction and demolition facilities in the area. Ms. Hope Calhoun confirmed that there is another facility nearby, but she reminded the Commission that their objective is to improve the area by moving all of their current exterior work, inside. Mayor Williams stated that from the start, she has been concerned about the environmental impact of this property and she stressed that she wants to ensure that environmental protection from the waste facility is in the agreement and that there is a long-term plan for any environmental accidents that could potentially happen. Ms. Hope Calhoun stated that the facility processes construction debris and thus the waste that Mayor Williams expressed concern over is not really a concern for that property. Ms. Calhoun also assured the Commission that if the environmental protections were not included in the developer agreement, that they would work with the City to get it added. Mayor Williams also recalled that it was previously asked how the proposed facility will keep construction materials from being dumped near or around the building. Ms. Hope Calhoun informed the Commission that there will be 35 cameras on the property that will allow them to monitor and report people who dump illegally. Interim City Manager Williams stated that he confirmed with Community Development Director Gregory Gay that the language for environmental protection is included in the development agreement. Mayor Williams stated that it's going to be a dumpster around that building and asked if the owners will bring that debris in to their property. Regular Commission Meeting Minutes — June 22, 2022 24 Ms. Hope Calhoun confirmed that the owner of the property confirmed that he already does bring any debris into the property and said that he is committed to continue doing so. Commissioner Davis pointed out that he didn't support the project when the Commission voted on it the first 2 times and said he would not support it now. The Commissioner said that he was fortunate enough to sit on the Zoning Board when the City had the last overhaul of its zoning code, and he stated that the City's zoning code is the law and the lay of the land when it comes to development in the City. He shared his understanding that the applicant is making a rezone request, which he said is completely against the City's zoning code. Commissioner Davis added that it is not being downsized, and he said that regardless of whether it's enclosed or not, the use is not permitted in that specific area of the Community, emphatically stating that it doesn't belong in the I-2 corridor. He concluded by stating that he couldn't support the rezoning of the property because he will not support projects that create eyesores and even more illegal dumping. Mayor Williams thanked Commissioner Davis and recognized him as the senior member of the Commission. Acknowledging that he was on the Planning & Zoning Board, the Mayor said she was going to default to what Commissioner Davis is thinking because she totally agrees. Ms. Hope Calhoun reminded the Commission that at the last hearing for the ordinance proposed by Agenda Item 16-B-2, she had explained that the uses permitted in the I-4 and I-3 zoning districts are identical, adding that by making the proposed change, the Commission is not creating any slum, blight or negative use of the property nor is it a way to get around anything. Ms. Calhoun then said that decisions on rezoning are made based on substantial and competent evidence, adding that the evidence presented to the Commission indicates that they have satisfied the criteria presented by City Staff who are the people paid by the City to make those judgements. She went on to say that the Commission has not heard any competent substantial evidence from anyone else notwithstanding anyone on the Dais. Ms. Calhoun concluded by stating that they were begging the Commission to allow them to make the improvement with a new building, new landscaping and the environmental concerns addressed in the agreement. Mayor Williams said that she wanted to hear from the City Attorney on the matter. City Attorney Norris -Weeks agreed that the legal standard stated of substantial and competent evidence is correct, explaining that the Commission can debate the issue and decide how they choose to rule on it. The City Attorney also said that they could consider deferring the ordinance proposed in Agenda Item 16-B-2 until their Regular Commission Meeting Minutes — June 22, 2022 25 next meeting if the Commission is still looking for additional information and she offered to speak to each Member of the Commission privately about the legal considerations. Mayor Williams stated that she didn't know if the Commission wanted to defer the ordinance proposed by Agenda Item 16-B-2 or not, pointing out that it had been a while since they had been considering the legislation. Commissioner Davis asked the City Attorney what the legal implications were if the Commission decided to not vote in favor of the ordinance proposed by Agenda Item 16-B-2, which he stressed is completely against the City's zoning code and laws. City Attorney Norris -Weeks stated that there could always be legal implications and she said that she can't tell the Commission that nobody could sue them because of this. The City Attorney did reiterate that she would be happy to meet with each member of the Commission individually to talk about the issue and what options could be not as legally burdensome. She added that she would prefer not to have a legal discussion about their options in a public way, and so she suggested that if the Commission has concerns about voting no on the ordinance proposed by Agenda Item 16-B-2, they can look at deferring it. Commissioner Davis said that he asked a specific question, and he said that the City Attorney gave a very broad response. The Commissioner stated that they know that anybody can sue for anything, acknowledging that he is not an attorney and is aware of that. City Attorney Norris -Weeks said that she was sorry that she was not answering Commissioner Davis' question in the way that he wanted her to. Commissioner Davis reiterated his question about the City's zoning code and the rezone request presented by the applicant. City Attorney Norris -Weeks reiterated her statement that she believes the legal standard stated by attorney Hope Calhoun is correct and someone would look at the record presented during the meeting to make the determination whether substantial and competent evidence has been presented. The Attorney explained that she is trying her very best not to say anything that will be adverse to the City. Commissioner Davis asked if the City's zoning code says that something can't be done if it is not illegal. Regular Commission Meeting Minutes — June 22, 2022 26 City Attorney Norris -Weeks said that is not exactly what the Commission is dealing with and reiterated her request to allow her to meet with them individually to go through the legal issues. Commissioner Davis stated that he is fully aware of the issue and that it's really up to his colleagues on the Commission because they know where he stands. Ms. Hope Calhoun pointed out that a request to rezone a property is a procedure that is outlined in the City's zoning code, and it is within a property owner's right to make requests that impact their own private property. Mayor Williams asked if any Member of the Commission needs the ordinance proposed by Agenda Item 16-B-2 to be deferred so that they can have a conversation with the City Attorney. There being no additional discussion, the ordinance passed by a 3-2 vote. Commissioner Davis No Commissioner Dominguez No Vice Mayor Taylor Yes Commissioner Bass Yes Mayor Williams Yes Ms. Hope Calhoun stated that she would love to have a conversation with Commissioner Davis to discuss the matter further at the appropriate time. RESOLUTION(S): There were none. 17. CITY MANAGER'S REPORT: Interim City Manager Williams addressed Mr. Brian Dennis' statement regarding the staffing issues with the Parks & Recreation Department. The Manager reported that four candidates were just interviewed and three of them are going through the background check process. He also informed the Commission that the Senior's Coordinator had been hired and the Department's staffing is being restructured because of the immediate need. Additionally, the Manager said that new vehicles were being purchased for the Parks Department, and he said that the Department is actually thriving at the moment. In regards to the water bill issue that Ms. Toroni Mitchell brought to the Commission, the Manager said that he is looking to get her contact information and he said that the City of Opa-locka does not maintain the railroad tracks, but the appropriate authorities will be contacted. The City Manager concluded by welcoming back CRA Manager Corion DeLaine. Regular Commission Meeting Minutes — June 22, 2022 27 Vice Mayor Taylor expressed being happy to hear that Interim City Manager Williams has vehicles on the way for the Parks & Recreation Department. The Vice Mayor also asked that the Manager reach out to Ms. Rose Tydus about the concerns she expressed pertaining to her application to use a City facility and never getting an answer. He stated that he was not saying to give her special treatment, but he is concerned that she said she felt disrespected after serving the community for 22 years, pointing out that she never comes to Commission Meetings, which he said is troubling to him. Vice Mayor Taylor stressed that he would like for the City to make it right. Interim City Manager Williams assured the Commission that his Office has the utmost respect for current and former elected officials, and he informed the Commission that since he was appointed, he has been working with Ms. Rose Tydus on an issue she had within the Police Department and he said that both he and Police Chief Israel have had face-to- face meetings with her to resolve her issue, and the Manager said that he also gave her his contact information. Manager Williams informed the Commission that the first time that the issue with the rental of the City facility had been brought to his attention was at the meeting that day, but he committed to reach out to her and resolve this as well. Vice Mayor Taylor recognized that Interim City Manager Williams would not be able to provide it immediately, but he asked that the Commission be provided with an update on the City being under State Oversight. The Vice Mayor said that he doesn't think there has been enough focus on the City's oversight from the State of Florida and he just wants to make sure that they are all on the same page when it comes to the audits and oversight because he thinks it's time for Opa-locka to fly on its own. Interim City Manager Williams thanked Vice Mayor Taylor. Commissioner Davis requested an update on the summer youth employment program in partnership with CareerSource South Florida. The Commissioner pointed out that summer is starting, and they want to get the ball rolling. City Manager Williams informed the Commission that his Office setup a meeting with CareerSource immediately after the resolution was passed and they have done everything to prepare for the program with the Parks & Recreation Department as well as the Human Resources Department. The Manager reported that his Office set aside the funding to match the contract that he said is in Career Source's hands and they are just waiting to get it back and pressing hard for them to move because he recognizes that time is of the essence since summer already begun. Mayor Williams expressed concern about the staffing of the Parks & Recreation Department because she was told by Assistant City Manager Lawson that there were 150 children in the Parks & Recreation Department summer program, and she asked how 6 employees would handle those 150 children. Interim City Manager Williams informed the Commission that the Parks & Recreation Department has additional staffing and support, and he asked Department Director Zonya Ray to address Mayor Williams' concern. Regular Commission Meeting Minutes — June 22, 2022 28 Parks & Recreation Department Director Zonya Ray stated that her Department's Staff including herself engage with the Staff that they have on both sides, and they fluctuate the schedule so that they balance each and every day. Ms. Ray informed the Commission that the only time she's away from her Office is when they have meetings. While she assured the Commission that they are actually somewhat balanced right now, she confirmed the Manager's report that she has been interviewing Staff for the last 3 weeks and they are in a rapid process now so that they can get the Staff in to finish the summer, as well as have them available year-round. Mayor Williams asked if additional Employees are working for the summer program, or if it was just the 6 Staff Members that were mentioned before. Parks & Recreation Department Director Zonya Ray informed the Commission that her Department's Staff is working for the summer program, in addition to school crossing guards who volunteer their time. Mayor Williams thanked the Parks & Recreation Department Staff, noting that 150 children may be the highest number that the City of Opa-locka has ever had in a summer program. The Mayor said that it was a great fact that they're bringing in kids, but she stressed that they need to bring in Staff because as an educator, she can't imagine that many children. She said that she can imagine that they are all exhausted at the end of the day, acknowledging that it is a great exhaustion because they're giving back to children, but she stressed once again that Interim City Manager Williams has to get them help. Mayor Williams concluded by noting that school ended June 9th and they are in the third week of summer and pointing out that there are many community agencies that will do so much great work that the City needs to reach out to. Commissioner Bass asked how many of the children in the Parks & Recreation Department summer program are from the City of Opa-locka and she also asked what the final ratio would be of children per worker. Parks & Recreation Department Director Zonya Ray informed the Commission that the summer program is maxed out and is not taking any more kids, and that by law, the radio of children per worker is 20 to 1 and that 80% of those participating in the summer program are from the City of Opa-locka. Mayor Williams thanked Ms. Rose Tydus for sharing her comments with the Commission, stating that it was very gut -wrenching to hear that a former Commissioner experienced what she has. The Mayor recalled having a conversation with Interim City Manager Williams about what she characterized as a clear breakdown of communication, which she said is systemic from the Commission getting information after others do, to people applying for jobs and never being notified that their application was received, and she said that communication has to get better. 18. OFFICIAL BOARD REPORTS: There were none. Regular Commission Meeting Minutes — June 22, 2022 29 19. FUTURE AGENDA ITEMS: Commissioner Bass stated that she would like to review the City's ordinance on signage, pointing out that they're in a bad place on letting the residents know of events and meetings the City is having. Vice Mayor Taylor shared his understanding that Commissioner Bass would like for the City's signage ordinance to be reviewed to see what can and cannot be done because she wants to advertise City events and meetings with signage. Commissioner Bass confirmed that Vice Mayor Taylor's understanding was correct. Commissioner Davis said that if he remembers correctly, the City had a sign ordinance that addressed the appearance of the City's commercial businesses in addition to uniformity, with a deadline a few years back. The Commissioner said that they got a lot of concerns being raised from the Community and at some point, decided to push the deadline back. Acknowledging that he is not sure where they are in that process, Commissioner Davis said that he would think that the deadline has passed, and the item was supposed to come back to the Commission for reconsideration or implementation. He said that if it is the same signage ordinance, he supports it and thinks it's long overdue. City Clerk Flores informed the Commission that the City of Opa-locka used to have wooden signs that were used to advertise all City events in different locations, but that the Commission had passed a resolution to do away with that. Clerk Flores offered to do some research and provide the Commission with the legislation that is on the books, but she said that Commissioner Bass can still move forward with her proposed future agenda item. Vice Mayor Taylor stated that the City has signs now that are being used to advertise the illegal dumping initiative and City events, and he asked Commissioner Bass for clarity on what she is proposing as her future agenda item. Commissioner Bass acknowledged what Vice Mayor Taylor stated, but she said that the last time she saw something that the City was publicizing to the Community was an event that the Mayor was doing, and she said that the funding for it came out of her budget. The Commissioner said that she doesn't see any advertisement throughout the City on what the City is doing. Vice Mayor Taylor pointed out that the City has the illegal dumping initiative signs up around the City and he asked Commissioner Bass if she was asking to allocate money for the signage. Commissioner Bass said that eventually money for the signage would be a part of it. The Commissioner explained that all of the City's promotion is on Facebook, and she said that not everybody is on Facebook or social media, and she said that she would like for City events to be visibly advertised as people are driving down the streets of Opa-locka. Mayor Williams shared her understanding that Commissioner Bass was referring to the marketing of City meetings and events. The Mayor also informed the Commission that Regular Commission Meeting Minutes — June 22, 2022 30 Clerk Flores found the legislation she was referring to, and she said that it seemed like it was more geared to Commissioners having their face on the sign. City Clerk Flores informed the Commission that the legislation she found addressed Commission events and having the pictures of Members of the Commission on the signs, but the legislation also removed all those signs. The Clerk said that the legislation would be emailed to all of the Members of the Commission. It was moved by Commissioner Bass, seconded by Commissioner Davis to propose a future agenda item that would allow the City Commission to review the City's sign ordinance for the purpose of marketing City meetings and events. There being no additional discussion, the future agenda item was approved by a 5-0 vote. Commissioner Dominguez Yes Vice Mayor Taylor Yes Commissioner Bass Yes Commissioner Davis Yes Mayor Williams Yes Commissioner Davis noted that the Commission received an email earlier that day reminding them that they have a $5,000 line item allocated in the City's budget for scholarships for graduates from the Community. The Commissioner recalled that it is something that the Commission fought for in previous budget years and carried it to the current year. He acknowledged that the City had challenges with awarding the money and the timeline, so he proposed that the Commission look at how they implement the program. Recognizing that they are still ahead of the fall semester, despite them missing the students that are enrolling in the summer, Commissioner Davis said that his hope is that they can get those funds out prior to the fall and proposed that the entire Commission co-sponsor his future agenda item to review the City's scholarship application process. Vice Mayor Taylor pointed out that Commissioner Bass was sponsoring a graduation event and asked if the City's scholarship for graduates is something that they can tie into that because they'll be able to figure out who the Seniors are and can present it at that moment. Commissioner Davis agreed with Vice Mayor Taylor that the City's scholarship for graduates and Commissioner Bass' graduation event should be involved together, and he asked when the event was scheduled. Commissioner Bass said that the graduation event she is sponsoring is scheduled for July 16th. Mayor Williams pointed out that they need to see if the scholarship application is asking for a transcript and whether it is an official sealed transcript or an unofficial transcript, Regular Commission Meeting Minutes — June 22, 2022 31 reminding the Commission that it may not be something that a student can get right now because the registrars work sporadically over the summer. The Mayor said that she has been wanting to do it as an educator and was also thinking that the City's scholarship should be tied to Commissioner Bass' graduation event, which she said she is sure is going to be spectacular and thanked the Commissioner for doing it. She asked City Clerk Flores to send the Commission the City's scholarship application so that they can take a look at it. City Clerk Flores stated that she would provide the Commission with the legislation that approved the City's scholarship application process. Mayor Williams asked if the City's scholarship application process was established through legislation if the Commission would have to amend the language at a Commissioner Meeting. City Clerk Flores stated that she believed that because the City's scholarship application was adopted as part of a resolution, the Commission would have to bring it back to amend the language, and she asked that the City Attorney correct her if she is wrong. Mayor Williams suggested that the City's scholarship application could be given out at the graduation event being sponsored by Commissioner Bass. Commissioner Dominguez asked why it can't be a future agenda item because she said that the Commission doesn't even know who they're giving the $5,000 to. Commissioner Davis suggested that maybe the requirements for the City's scholarship had too much including the official transcripts that made it difficult for the Community to apply. The Commissioner pointed out that they have youth in the Community that are engaging in higher education opportunities, and he said that the fact that the City had all the scholarships and weren't able to give them out, is an indicator that there might be a problem with the application process. He emphasized the need to streamline the process and said that while they should use some parameters to choose, Commissioner Davis stated that the end goal was to just get the scholarship funds out. Commissioner Dominguez pointed out that she works at a college, and she said that because summer has already started, she said that the City's scholarship recipients will probably be able to us it in the fall, which she said begins in August, and she said that gives the Commission plenty of time to review the applications, see who qualifies and give everybody a fair chance of being chosen to receive the scholarship. Commissioner Bass invited the entire Commission to be part of her graduation event, and she said that it wasn't about the money to cover it. The Commissioner said that she wanted to be a team player for the City's 12th grade students. Regular Commission Meeting Minutes — June 22, 2022 32 Vice Mayor Taylor assured Commissioner Bass that they would be at her graduation event to offer their support. It was moved by Commissioner Davis, seconded by Mayor Williams to approve a future agenda item to evaluate the City's scholarship application process. There being no additional discussion, the future agenda item was approved by a 5-0 vote. Vice Mayor Taylor Yes Commissioner Bass Yes Commissioner Davis Yes Commissioner Dominguez Yes Mayor Williams Yes Vice Mayor Taylor pointed out that Miami -Dade County was selected to host the World Cup and he lamented that when the Super Bowl came to South Florida, Opa-locka didn't really do anything. The Vice Mayor stressed that he wants Opa-locka involved this time. Commissioner Davis stated that he agrees with Vice Mayor Taylor. The Commissioner said that the City has a soccer facility that is very committed to giving back to the City's parks and he said that they decided to relocate to Opa-locka in anticipation of this moment and the opportunities that present themselves with the stadium. He concluded by stating that he supports it wholeheartedly and expressed his hope that they can coordinate a little better when the Community has these regional wins. Mayor Williams thanked Vice Mayor Taylor, pointing out that he is correct that there are many different programs that are all in Opa-locka's neighboring cities. The Mayor stressed that the City needs to make sure they build partnerships with outside organizations, and they have to do a little bit more. It was moved by Vice Mayor Taylor, seconded by Mayor Williams to propose a future agenda item to direct Interim City Manager Williams to identify funding to establish a soccer program in Opa-locka. There being no additional discussion, the future agenda item was approved by a 5-0 vote. Commissioner Bass Yes Commissioner Davis Yes Commissioner Dominguez Yes Vice Mayor Taylor Yes Mayor Williams Yes Regular Commission Meeting Minutes — June 22, 2022 33 Vice Mayor Taylor stated that a very good program was brought up prior to the current Commission, and he proposed that the City develop a pre -arrest diversion program. Commissioner Davis stated that he wholeheartedly agrees with Vice Mayor Taylor because he believes in second chances, and that a diversion program ultimately keeps the City's Police Officers handling the more pressing issues in the Community. The Commissioner recalled that the Commission looked at a bunch of laws to make things more equitable for the Community and said that the only issue they might have is that it might be something within the power of Miami -Dade County. Commissioner Davis stated that he hopes it is within the power of Opa-locka's municipal government to grant leeway for the City's residents. It was moved by Vice Mayor Taylor, seconded by Commissioner Davis to propose a future agenda item for the City to develop a pre -arrest diversion program. There being no additional discussion, the future agenda item was approved by a 5-0 vote. Commissioner Davis Yes Commissioner Dominguez Yes Vice Mayor Taylor Yes Commissioner Bass Yes Mayor Williams Yes Mayor Williams pointed out that Residents are always asking where to go for services that provide resources in the City. It was moved by Mayor Williams, seconded by Commissioner Davis to propose a future agenda item for the City to establish a strategic list of partnerships. Commissioner Davis stated that he supports Mayor Williams' proposal for a future agenda item to establish a strategic list of partnerships. The Commissioner recalled that when he was a community organizer, he realized that there are gaps in services and one of his tasks was to establish a referral network. He pointed out that when there is a need in the Community, as much as the City tries, it may not be able to fulfill that need and so he said that coordinating with various local non -profits as well as State of Florida resources, would be very impactful when it comes to service delivery for Residents. There being no additional discussion, the future agenda item was approved by a 5-0 vote. Commissioner Dominguez Yes Vice Mayor Taylor Yes Commissioner Bass Yes Regular Commission Meeting Minutes — June 22, 2022 34 Commissioner Davis Mayor Williams 20. MAYOR/COMMISSION REPORTS: Yes Yes Vice Mayor Taylor apologized to City Staff because the Commission Meeting keeps them working for long hours, and he thanked them for their patience, expressing appreciation for all that they do. Commissioner Davis announced that he is embarking on a listening tour in different areas of the Community, and he said that the next Conversations with Commissioner Chris Davis will be this Friday, June 24th at Cordoba Courts from 3 - 5 p.m. The Commissioner said that he is hosting the community meeting to speak about some of the safety concerns that many of the Residents have been expressing, and he extended the invitation to his colleagues on the Commission. Mayor Williams thanked Commissioner Davis for his great walking one stop event and also thanked Commissioner Bass for the event she will be having as well. 21. OFFICIAL BOARD APPOINTMENTS: There were none. Mayor Williams reminded Interim City Manager Williams that the Audit Committee is waiting on his appointment to the board, and she said that they really need to get those meetings back up and running. Interim City Manager Williams confirmed that he would absolutely be making his appointment to the Audit Committee. 22. ADJOURNMENT: There being no further business to come before the City Commission, the meeting adjourned at 1 0: 10 p.m. Veronica J. Williams Mayor Attest: Regular Commission Meeting Minutes — June 22, 2022 35 J Ci nna Flores, CMC Clerk Regular Commission Meeting Minutes — June 22, 2022 36