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03- March 13, 2013 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING March 13, 2013 7:00 P.M. Opa-locka Municipal Complex 780 Fisherman Street,2"d Floor Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, March 13, 2013 on the 2nd Floor of the Opa-locka Municipal Complex, 780 Fisherman Street, Opa- locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Dorothy Johnson, Commissioner Luis B. Santiago, Commissioner Timothy Holmes, Vice Mayor Joseph L. Kelley, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Joseph S. Geller, and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. APPROVAL OF AGENDA: 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: 19-1, 19-4 and 19-8 (Commissioner Johnson). Commissioner Johnson deferred item 19-9 until the March 27, 2013 Regular Commission Meeting. Vice Mayor Kelley deleted item 19-8. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. Regular Commission Meeting Minutes—03/13/2013 1 There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes Request to amend the agenda to include the following items: 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE COPS FEDERAL FUNDING GRANT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to amend the agenda to include item 16-1. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 8. APPROVAL OF MINUTES: Special Commission Meeting—02/25/2013 It was moved by Commissioner Holmes, seconded by Commissioner Johnson to approve the minutes of the Special Commission Meeting of February 25, 2013. There being no discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting—02/27/2013 It was moved by Commissioner Holmes, seconded by Commissioner Johnson to approve the minutes of the Regular Commission Meeting of February 27, 2013. Regular Commission Meeting Minutes—03/13/2013 2 There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Jordan's Office (District 1) came forward and said there have been concerns regarding the closing of the Air Traffic Control Tower at the Opa-locka Airport and Commissioner Jordan have asked that county staff prepare a report on the impact of all county services and facilities. In addition, she sent a letter to FAA Administration to voice her concerns. Commissioner Johnson said she spoke to a representative from FAA as it relates to closing the Air Traffic Control Tower at the Opa-locka Airport. She said this is the time to utilize the Code Red system to encourage the citizens to write letters and voice their concerns because uncontrolled traffic will impact the citizens of the City of Opa-locka. She directed the City Manager to draft a sample letter to the citizens informing them of the proposed closing of the Air Traffic Control Tower. Commissioner Holmes said if the Air Traffic Control Tower at the Opa-locka Airport is closed, will the tower at Miami International Airport remain open? Mayor Taylor replied, yes. Commissioner Holmes said that will not work. Mayor Taylor told Mr. Gardner to inform Commissioner Jordan that she sent a letter of opposition and it is on the agenda tonight as a resolution. Commissioner Johnson said the problem is money. Currently the service is being outsourced and they no longer have the funds in the budget to cover the expense. Mr. Gardner provided the City Commission with a copy of literature that was distributed at a meeting held by the Miami-Dade County Property Appraiser a few weeks ago. Mayor Taylor asked Commissioner Johnson if she has a report on the Smoke Detector Installation? Regular Commission Meeting Minutes—03/13/2013 3 Clerk Flores said the advertisement is scheduled to be in the Miami Herald Neighbors on Sunday, March 17, 2013. Mayor Taylor said if the City Commission does not have any objection, she will like Commissioner Johnson to run point with the Smoke Detector Installation program. Commissioner Johnson accepted. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Alvin Burke of 2928 NW 132nd Street, Apt. 328, Opa-locka, Florida, appeared before the City Commission and voiced his concerns with regards to an newspaper article. He asked, does the City of Opa-locka have a Police Chief. He said the city's current Police Chief has not retired yet and once she retires Management needs to search within the department rather than bring someone in or perform a National search for a Police Chief. He continued by saying he does not have a problem with the person they are choosing for the job,but he does not like the process. Manager Baker said Cheryl Cason is still the city's Chief of Police and Antonio Sanchez is still the city's Deputy Chief of Police. For the record, he has been approached by many law enforcement professionals and has given them an opportunity to speak to him. He have spoken to some of them once or twice, he also met with the Deputy Chief as well, however he have not made a decision on who will serve as the city's Chief of Police and his intention is to do a local search. He further mentioned that there are several individuals in the police department other than Deputy Chief Sanchez that have also expressed interest. He is sticking with his position unless he is directed to do anything else. Mayor Taylor asked Mr. Baker has he hired anyone to serve as the city's Chief of Police? Manager Baker replied, no. Commissioner Johnson said in Mr. Baker's statement he mentioned "unless he is directed to do anything else", as far as the City Commission is concerned they do not give direction for the employment of anyone other than the City Clerk, City Attorney, and City Manager. Rest assures if he follows the process he will be supportive. Regular Commission Meeting Minutes—03/13/2013 4 Commissioner Holmes said the City Commission appointed him as the Police Commission to oversee the Police Department and anything that goes on at the Police Department he should be the first to know about it. Vice Mayor Kelley echoed the comments of Commissioner Johnson with regards to Mr. Baker's statement. He said he know there is pressure among the city for Mr. Baker to do certain things, but he is the City Manager and he needs to do what he feel is best for the city. 2. Jacqueline Fogarty of 1151 Peri Street, Opa-locka, Florida, appeared before the City Commission and voiced his concerns with regards to the Opa-locka Airport. She said she wants the Airport Tower to remain open and the citizens should contact congress directly to voice their concerns. She further said she is in support of item 19-6, but the employees need to reside in the homes. 15. ACTION ITEMS (items from consent agenda pull list): (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH MITCHELL'S LAWN MAINTENANCE FOR MAINTENANCE OF CITYWIDE ALLEYS, IN AN AMOUNT NOT TO EXCEED $29,322.00, AND NEGOTIATE AND EXECUTE A CONTRACT WITH MY LAWN SERVICES, INC., FOR MAINTENANCE SERVICES OF NW 22ND AVENUE AND NW 27TH AVENUE, IN AN AMOUNT NOT TO EXCEED $22,680, PAYABLE FROM ACCOUNT NUMBERS 41-541340 AND 63-533340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the resolution. Commissioner Johnson asked the City Manager have he had an opportunity to do the discovery she previously asked for? Manager Baker replied, yes. Unfortunately he did not bring copies for the City Commission. For the record, Commissioner Johnson said she told the City Manager going forth a Sunbiz search needs to be done for contractors doing business in the city to assure they are active. Commissioner Johnson asked, is it her understanding that the City Manager did a Sunbiz search on this company? Manager Baker replied, yes. Regular Commission Meeting Minutes—03/13/2013 5 Commissioner Johnson said there were two low bidders and some of them were previous vendors in the city. She asked, how was the company selected? She further stated it was mentioned that staff visited the businesses and after her discovery she found that no one from the City of Opa-locka visited any of the vendors. Manager Baker said he has pictures of the site visit when staff went to each of the vendors. The pictures show the capacity of each one of the company's, including the number of equipment they have. Commissioner Johnson said a business may not have all their equipment on site and standard procedures should be done when asking questions. Vice Mayor Kelley asked, who is currently providing the services? Manager Baker said the services are being provided in house. Vice Mayor Kelley asked, does the city have the equipment to provide the services? Manager Baker replied, yes. Vice Mayor Kelley said he is not in support of the legislation because when you look at the price range in the proposal the numbers are off which makes him wonder. He asked, how many cuts will be done per year based on the quote? Faye Douglas, Budget Administrator came forward and said it will be 18 cuts per year for both the alleys and medians. Mohammad Nasir, City Engineer came forward and stated that the alleys and medians will be cut two times per month in wet season and one time per month in dry season. Vice Mayor Kelley said he does not have anything against Ms. Douglas or Mr. Nasir, but why the Director is not speaking in regards to a Public Works item. Manager Baker said with all due respect he is trying to give the Commission the answers. Vice Mayor Kelley said the numbers are so low that he does not see the work being done unless it comes back to the City Commission. He further said when the work was done for the Holiday Beautification clean up, the company put the debris at the city's dump site when they should have taken it away. Commissioner Santiago asked is it his understanding that in-house staff has cleaned the alleys for the last three months? Regular Commission Meeting Minutes—03/13/2013 6 Manager Baker said it has been longer than three months. Commissioner Santiago said the alley behind his home has not been cleaned. Manager Baker said it has been a challenge that's why the item is on the agenda to get better control and get the alleys maintained properly. He further said when companies submit bids often times if they are hungry for the work you see different numbers. Manager Baker continued by saying if the recommended company does not deliver then they will come back to the City Commission for approval to go to the next company. Commissioner Santiago said if the company does not do the right job and the city terminates their contract, will that set the city up to be sued? Attorney Geller said they will be sure to include in the contract the right of the city to terminate for convenience. Vice Mayor Kelley said the City Manager made a comment that the vendor is hungry for work and historically the vendor bids low then come back later and say certain things were not covered in the scope of services. He further mentioned he have not seen any documentation stating the vendors will be hiring local citizens so for$60,000 the city can hire citizens to cut the alleys and medians. Vice Mayor Kelley asked, how much was budgeted for cutting the alleys and medians? Faye Douglas said funds were placed in the general fund and water & sewer fund. $135,000 was budgeted in the meter reader section and $100,000 was budgeted in roads & streets, $50,000 of that was for cutting the alleys and medians. Commissioner Johnson said going back to the previous workshop the city is over in the Water & Sewer account by $186,370, they are asking for an increase from the general fund, the Holiday Beautification Program is over by$70,000, that amount is $300,000. She asked, where will the money come from to fund item 19-1? Manager Baker said it is a budgeted item. Commissioner Johnson said during the workshop it was stated that the City Manager is trying to find $746,370 and items were suggested for the City Manager to reconcile because they were not budgeted. Manager Baker said the item before the City Commission has a line item and it is fully funded. Commissioner Johnson said the $746,370 is for items that came before the City Commission and staff informed them it was budgeted for. Regular Commission Meeting Minutes—03/13/2013 7 Commissioner Holmes said cutting the alleys and medians 18 times per year is not bad, but his concern is will the company haul away the debris. He further asked, who is the city's Public Works Director, because he is not speaking regarding items pertaining to his department. Mayor Taylor asked, were the concerns expressed by the City Commission included in the RFP? Manager Baker replied, yes. There being no further discussion, the motion failed by a 4-1 vote. Commissioner Holmes No Vice Mayor Kelley No Commissioner Johnson No Commissioner Santiago No Mayor Taylor Yes Mayor Taylor said she does not understand what the problem is. The RFP went out as it was suppose to with legal sufficiency. Vice Mayor Kelley said with all due respect the Commission cannot ask a question while the vote is being taken. Mayor Taylor said she was not asking a question, she was speaking rhetorically and she have a right to do so. (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, OPPOSING THE FEDERAL AVIATION ADMINISTRATION'S DECISION TO CLOSE THE OPA-LOCKA AIRPORT FLIGHT TOWER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the resolution. Commissioner Johnson requested a friendly amendment to the resolution to include the usage of Code Red to reach out to the citizens. Vice Mayor Kelley said if the legislation passes he would like the City Clerk to forward a copy to Senator Rubio and Congresswoman Wilson. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend the resolution adding section 3 to read as follows "The City shall notify residents of this Regular Commission Meeting Minutes—03/13/2013 8 problem by all means available including use of the Code Red system. Sections 3 and 4 will be re-numbered 4 and 5. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes (19-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PURCHASE TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. Vice Mayor Kelley deleted item 19-8. (19-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO DEVELOP AN AMNESTY PROGRAM FOR THE COLLECTION OF OUTSTANDING DEBTS OWED TO THE CITY, FOR APPROVAL BY THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. Commissioner Johnson deferred item 19-9 until the March 27, 2013 Regular Commissioner Meeting. 16. NEW ITEMS: (16-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE COPS FEDERAL FUNDING GRANT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to pass the resolution. Regular Commission Meeting Minutes—03/13/2013 9 While in Washington, DC, Vice Mayor Kelley said he had an opportunity to meet with the COPS grant administrators and because of the timing for the grant he did not want to take a chance of waiting until the first meeting in April, that's why the item was brought before the City Commission as an add on. He further said all the city contacts telephone numbers needs to be updated because he asked that the information be forwarded to the City Manager and they did not have the city's current City Manager listed. Commissioner Johnson said historically resolutions have been brought to the City Commission authorizing staff to apply for grants and she thinks that needs to be discontinued. The only time a resolution needs to be brought to the City Commission is when the city will be awarded a grant. For the record, Attorney Geller said Commission Holmes spoke to him in regards to him sponsoring legislation to waive the requirement for the Commission approval and he will have it at the next Commission Meeting. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PURCHASE TEN (10) NEW VEHICLES, CONSISTING OF SEVEN (7) F-150 TRUCKS, TWO (2) F-250 TRUCKS AND ONE E-250 CARGO VAN FROM FORD GUS MACHADO INC., FOR THE PUBLIC WORKS AND UTILITIES DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $3,273.16 PER MONTHLY PAYMENT, FOR A PERIOD OF 60 MONTHS INSTALLMENT PLAN WITH AN INTEREST RATE NOT TO EXCEED 4%, PAYABLE FROM ACCOUNT NUMBER 64-533648, 63-533648 AND 32-541648; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Regular Commission Meeting Minutes—03/13/2013 10 Mayor Taylor asked the City Manager to give the City Commission a level of comfort in view of the workshop previously held. Manager Baker said the vehicles are budgeted. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the above ordinance. Commissioner Johnson said the budget is over$80,000 for that line item. She further said she met with the City Manager yesterday and shared some concerns with him, but it was not read into the record. She asked the City Manager if he agree or disagree with her concerns. Manager Baker said he agrees. Commissioner Johnson asked Manager Baker, what were the concerns she shared with him. Manager Baker said Commissioner Johnson concerns were that the vehicles that are being replaced be put up for auction. Commissioner Johnson said she will schedule a meeting to address her concerns. She further said three different account numbers are listed to purchase the vehicles for Public Works and Utilities Department. She asked, are funds available in those accounts to pay for the vehicles? Faye Douglas replied, yes. Money was budgeted in all three accounts to purchase vehicles. Commissioner Johnson asked, what will be done with the current vehicles the new vehicles will be replacing? Manager Baker said the vehicles being replaced are scheduled to be auctioned off. A suggestion was made to make the auction available to the general employees. Commissioner Johnson said the last time the city had an auction; it was brought to her attention that employees were not offered an opportunity to bid. Commissioner Holmes said it was stated that the Public Works Department needs new vehicles because they were falling apart, but if they are not falling apart the city should keep them. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Regular Commission Meeting Minutes—03/13/2013 11 Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ARTICLE VII, SECTION 15, OF OPA-LOCKA CODE OF ORDINANCE, PROVIDING FOR THE PROHIBITION OF GRAFFITI, AND THE DISPLAY OF SIGNS BY MERCHANTS; PROVIDING FOR ENFORCEMENT PENALTIES, AND CIVIL FINES; PROVIDING FOR DEFINITIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the above ordinance. Vice Mayor Kelley expressed his concerns with regards to workshops previously held pertaining to the sign ordinance. He asked, how will the above legislation impact the proposed signage legislation? Mayor Taylor said this legislation is separate from the signage ordinance and she is trying to address the graffiti and prohibit the sell of spray paint to certain age groups. Vice Mayor Kelley asked for clarity on section 15.114 regarding notification and penalties. Commissioner Holmes suggested bringing all concerns back at the second reading. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes B. SECOND READING ORDINANCE/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 12-28 TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A FIVE YEAR FINANCING AGREEMENT WITH FORD CREDIT MUNICIPAL FINANCE, FOR THE PURCHASE OF A STREET SWEEPER AT A COST OF $48,015.48 ANNUALLY, AND A FIVE YEAR MAINTENANCE AGREEMENT WITH ENVIRONMENTAL PRODUCTS OF FLORIDA AT A COST OF $12,000.00 ANNUALLY, PAYABLE FROM ACCOUNT 43-538640; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR Regular Commission Meeting Minutes—03/13/2013 12 CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on February 13, 2013). Sponsored by C.M. The above ordinance was read by title by Attorney Geller. Mayor Taylor asked the City Manager to give the City Commission a level of comfort in view of the workshop previously held. Manager Baker said this is his second time bringing this legislation to the City Commission for approval. The first time the item was approved, however the finance company with the lowest rate did not approve the city, now they are seeking to get approved through another finance company and the interest rate is slightly above the original request. He further said this is a budgeted item. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the above ordinance. Commissioner Johnson said she noticed a rate increase from 2.97 to 3.82 and the years changed from 7 years to 5 years. She asked, is a Street Sweeper a need or want, because she's only seen a Street Sweeper in this city one time since she's been elected. Manager Baker said the city has Storm Water Utility and a Street Sweeper is needed. Commissioner Holmes said he is aware of the city having a Street Sweeper, but they need to keep in mind that it will not be good for streets without a curb. Vice Mayor Kelley asked, is the yearly impact $47,000? Manager Baker responded by saying the annual amount of the Street Sweeper is $48,000 and $12,000 annually for maintenance. Commissioner Johnson asked how much did the city pay for the old Street Sweeper and how often will it be used? Manager Baker said the cost of Street Sweepers varies, if they are purchased brand new the can run from a Quarter Million Dollars if not greater. Commissioner Johnson directed the City Clerk to provide her with a copy of the minutes from 2007 when the city purchased a Street Sweeper. Regular Commission Meeting Minutes—03/13/2013 13 There being no further discussion, the motion failed by a 3-2 vote. Commissioner Johnson No Commissioner Santiago No Commissioner Holmes Yes Vice Mayor Kelley No Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AMEND CHAPTER 2, OF THE OPA-LOCKA CODE OF ORDINANCES BY ESTABLISHING SECTION 2-192, FIRST SOURCE HIRING REFERREL PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on February 13, 2013). Sponsored by J.K. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to pass the above ordinance. There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY FLORIDA MUNICIPAL INSURANCE TRUST ("FMIT") $31,839 FOR AUTOMOBILE GENERAL LIABILITY, PROPERTY AND ALLIED COVERAGE, AND WORKERS' COMPENSATION INSURANCE, PAYABLE FROM ACCOUNT NO. 18-513451; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SUPPORTING THE FOUNDATION OF MONSIGNOR FELIPE Regular Commission Meeting Minutes—03/13/2013 14 BELLO, 7TH ANNUAL DONATING SMILES CHARITY DENTAL MISSION, ON SATURDAY, MARCH 16, 2013, AT THE DORAL DENTAL CENTER, LOCATED AT 9757 NW 41ST STREET, DORAL, FL, PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PURCHASE A LARGER BUS TO ACCOMMODATE THE SENIOR CITIZENS ON THE MOVE PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PARTNER WITH THE OPA-LOCKA COMMUNITY DEVELOPMENT CORP (CDC) FOR HOME ACQUISITION FOR CITY EMPLOYEES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO INVESTIGATE WAYS AND MEANS OF PARTNERING WITH LENDING INSTITUTIONS TO CREATE INVESTMENT OPPORTUNITIES WITHIN THE CITY LIMITS AS PER THE COMMUNITY REINVESTMENT ACT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolutions were read by title by Attorney Geller. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to pass items 2, 3, 5, 6 and 7 the consent agenda. The motion passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Out of Room Commissioner Santiago Yes Mayor Taylor Yes In view of the workshop, Mayor Taylor directed the City Manager to meet with her colleagues' to make sure the legislation passed is in the city's budget. A. CITY MANAGER'S REPORT: Manager Baker reported that they are two weeks into the AMR project and the schedule is showing that they should be finish with billing cycle 3 in two weeks. He further said the AMR meter is a fully automated collection system and once it is fully activated they can read all the meters within a few hours. Regular Commission Meeting Minutes—03/13/2013 15 He continued by saying many of these meters were installed several years ago, however the system was never activated. Manager Baker said staff is currently going out to assure the meters are registering accurately then they will be activated. He further mentioned that staff will drive the entire distribution system and the usage will be stored, then the device is loaded into the billing system. Vice Mayor Kelley asked, how much does the handheld reading device cost and will it be secured in a bracket in the vehicle? Manager Baker said the device will be secured in a cradle. Vice Mayor Kelley said his question remains the same as it relates to securing the handheld device. He would like to make sure the device is secured at all times. Manager Baker said the beauty of the technology is that one person drive around for a few hours and the entire city meters will be read. In the event the handheld device is broken, Mr. Baker stated that a backup device is available. Gregory Harris, Public Works Department came forward and informed the City Commission that they have a maintenance contract for both of the FC200 devices. He further said there will be two trained employees utilizing the devices. Vice Mayor Kelley asked, will this replace meter readers? Mr. Harris said the city will still need meter readers. Manager Baker further reported that he is proceeding with his due diligence efforts to purchase the Town Center Building. He is investigating a structure, mechanical, and environment as well as all of the accounting that is necessary to ensure everything is in order. He mentioned that he visited Washington, DC last week and he met with several agencies to go after additional grant dollars. Commissioner Santiago echoed the same concerns as Vice Mayor Kelley with regards to the cost of the handheld meter reader device. Manager Baker said the devices were purchased several years ago and he will provide the cost to the City Commission in writing. Commissioner Johnson asked, who are the directors of Building & License and Public Works? Regular Commission Meeting Minutes—03/13/2013 16 Manager Baker said Daniel Abia is the Public Works Director and Howard Brown oversees Community Development and Building& License. He further said the Building Official is with CAPS, a private company that does the city's plan review and licensing. Commissioner Johnson said she was under the impression that Mr. Abia was working to obtain his certification for Building & License. Manager Baker said he hired Mr. Abia as the Public Works Director. Commissioner Johnson asked who is the city's Planner? Manager Baker said Gerald Lee is the city's Planner. Vice Mayor Kelley said he has several items from his trip to Washington, DC and he will meet with the City Manager. He said the meters previously showed to the City Commission, are those the meters installed by the city or the previous contractor? Manager Baker said of the meters were installed by the contractor and some are being installed by the city. Vice Mayor Kelley said he had an opportunity to look at reports of incidents that occurred in the city but it's ironic that he is still waiting on reports from December. He asked, when should he receive the reports requested in December? Manager Baker said he requested the final reports and have been informed that he should have them soon. Vice Mayor Kelley said Mr. Baker is the City Manager and nobody should tell him unless it's the City Commission. He further said in the future when there are ribbon cutting and groundbreaking ceremonies where there is suppose to be a joint partnership, he would appreciate if the Commissions availability is taken into consideration prior to scheduling. He did not appreciate the timing of the last ribbon cutting ceremony. Vice Mayor Kelley said in his opinion Mr. Baker is not managing and he has to start doing so. Commissioner Holmes told Mr. Baker if he needs to tell him something then do so, he does not want to hear rumors through the media. Commissioner Santiago said up until today he believed Mr. Baker was doing a good job, but there are a few situations that made him think different. Regular Commission Meeting Minutes—03/13/2013 17 He further said a water pipe broke on Rutland Street and it caused a lot of damages to home owners in the area. When he arrived at the site he saw the Public Works staff trying to rectify the problem, but no one knew what to do. He further said, the company that did the work has three contracts with the city at the same time and they did not do a good job. Commissioner Santiago asked, who is responsible for the damages? Manager Baker said in pipe line breaks it depends on who caused the problem; in this case the city is responsible for the damages. He further said as part of the excavation of the earth when the dirt was pulled off one of the flanges was loose which resulted in this situation. Vice Mayor Kelley said he does not believe the City Manager's statement is correct. He asked, are you telling me the plans did not show where they hit is what they hit? Manager Baker said he only informed the Commission of what caused the line to break and come loose. Vice Mayor Kelley asked, did the company use the correct equipment? Manager Baker said he assuming they had the proper equipment. He further said with all due respect, the problem in this city is there are several sources providing information and it is difficult for him to manage. Everything he says there are other answers and information given out. He can only give his professional answer. Mayor Taylor thanked the Public Works Department for the Roundabout on Seaman and Jann Avenue. She directed the City Manager to work with the Planning Department to develop a mixed use ordinance to show flexibility for developers to improve the city. She further directed the City Manager to reach out to event planners for a city wide signature festival to be scheduled May 2014. Mayor Taylor said she previously asked for signs entering the city and there are no signs on 37th Avenue and 151St Street. She further directed the City Manager to develop the vacant city owned lot adjacent to the Cultural Arts Center. She continued by directing the City Manager to contact the owner of the apartments located North of 22nd Avenue with regards to the residents hanging laundry outside the complex. Regular Commission Meeting Minutes—03/13/2013 18 Mayor Taylor asked for an update of correcting the information on Wikipedia? Nelson Rodriguez, IT Director came forward and informed the City Commission that he have made several additions to the page, some has to be reviewed for accuracy. Everything that is being submitted to Wikipedia has a reference for them to confirm if it's valid. If un-referenced literature is submitted it will be removed. Mayor Taylor asked how long the process will take? Mr. Rodriguez said the time frame varies. B. ACCOUNTS PAYABLE: Ezekiel Orji, Finance Director came forward and stated that all documents required for the report are part of the package provided to the Commission. Commissioner Johnson asked, what is the plan to replace the $300,000.00 back to the reserve that was borrowed to fill the budget gap last year? Manager Baker said the plan is to put $25,000.00 back per year and as additional funding becomes available they will increase the amount. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller reported that arbitration will be held in April for former police officer Bosque. He further said mediation will be held in late April for former City Clerk Deborah Irby and for the record he will be asking for an Executive Session prior to mediation to get the thoughts of the City Commission. Commissioner Johnson directed the City Attorney to review the legislation she sponsored regarding a Drug Free Workplace. She further directed the City Attorney to meet with the City Clerk to review the Board/Committee Applications for legal sufficiency. As a former EEOC officer, none of the applications should include age or race. 22. CITY CLERK'S REPORT: Commissioner Johnson directed the City Clerk to follow up on the Board/Application Applications. 23. MAYOR/COMMISSION REPORT: Commissioner Johnson invited everyone to attend the Community Bingo on April 26, 2013. Regular Commission Meeting Minutes—03/13/2013 19 She further said she is working with Parks & Recreation on their first trial run of No Family Left Behind. She continued by saying she previously mentioned that she will be resigning before her term, however she have thought it over with citizens and she will remain in office until the end of her term unless she chooses to run for re-election. Vice Mayor Kelley said he had an opportunity to speak at the Navy Technical Center Black History Program on February 28, 2013. He said he also attended the Charter Town Hall meeting and citizens requested another meeting regarding implementation of the Charter. He asked his colleagues to provide the City Clerk with possible dates. He further reported that he attended the Miami-Dade County League of Cities board meeting. Vice Mayor Kelley thanked the City Manager for allowing all the female employees to attend the Women's History Month Luncheon and a special thanks to Commissioner Santiago for co-sponsoring the luncheon with him. He further said he had an opportunity to attend the National Black Police Crime Expo and Sherbondy Park. Vice Mayor Kelley said he had an opportunity to get a lot of helpful information while in Washington, DC and he will pass the information to the City Manager. He encouraged his colleagues to join him on Thursday, March 14, 2013 @ 11:30 a.m. for a Pastors Luncheon to prepare for National Day of Prayer. Mayor Taylor said she had an opportunity to present a very impressive package while in Washington, DC. She further said March is National women's month and she invited all women to join her on March 22-23, 2013 for a Women's Summit. Mayor Taylor announced that Howard Brown was invited by Miami-Dade County to be the guest speaker on Thursday, March 14, 2013 to talk about the city's recent economic achievements. The City Commission wished Commissioner Luis B. Santiago a Happy Birthday. 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: Regular Commission Meeting Minutes—03/13/2013 20 There being no further business to come before the Commission, it was moved by Commissioner Santiago, seconded by Commissioner Johnson to adjourn the meeting at 9:10 p.m. 1, MAY R • TTEST: (-4k jokstf..) CITY CLERK Regular Commission Meeting Minutes—03/13/2013 21