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04- April 10, 2013 Meeting Minutes CITY OF OPA-LOCKA "The Great City" AGENDA REGULAR COMMISSION MEETING April 10,2013 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 7:00pm on Wednesday, April 10, 2013 on the 2"d 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 Timothy Holmes, Vice Mayor Joseph L. Kelley, Commissioner Luis B. Santiago 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. Commissioner Dorothy Johnson was not present. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The Mayor joined by the City Commission acknowledged the championship of FCAA league tournament and congratulated the Opa-locka basketball team and Coach Ricky James. 6. APPROVAL OF AGENDA: 7. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Attorney Geller requested to defer items 18B4, 18B5, 18B6, and 18B7 to the next regular commission meeting because some documents from applicants have yet to be received. Regular Commission Minutes—04/10/2013 1 Commissioner Santiago asked for the reason why it will be deferred for the following week. Attorney Geller stated that there are documents the applicants must submit prior to moving forward. Such documents are necessary to protect the city's position. Commissioner Santiago asked what kind of documents Attorney Geller was referring to. Attorney Geller explained that the documents are covenants running with the land in recordable form and it serves as a record that the current owners and the successive owners will abide by the conditions that they agreed to as part of their zone. Commissioner Santiago asked why these documents were not obtained prior to the ordinance being presented at first reading. Attorney Geller replied that the documents should have been received prior to the first meeting. Though it was already due, the city proceeded with the first reading because they believed they would receive it by the second reading. Promises were made by applicants to submit the documents timely. In order to enforce the promises made to the commission, the documents must be submitted and recorded. Commissioner Santiago said he was not happy about deferring the item because if it passed on first reading, it should not be a problem passing the second reading. Attorney Geller requested that the items be deferred because the documents have not been received and the applicants have an obligation to submit necessary documents. He went on to say that when the applicants changed from conditional use to rezoning they said they would send the documents to the commission, but the documents have yet to be sent. Commissioner Santiago asked if the zone has already been changed. Attorney Geller indicated that the zone has not been changed. It will be voted upon in the second reading. Mayor Taylor concludes the matter in stating that it will be deferred for further notice. Vice Mayor Kelley pulled agenda items 19-1, 19-2, 19-4, and 19-7 from the Consent Agenda (these items would be discussed separately under Agenda Item 15 — Action Items). It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 4-0 vote. Regular Commission Minutes—04/10/2013 2 Commissioner Johnson Not present Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—03/27/2013 It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to approve the minutes of the Regular Commissions meeting of March 27, 2013. There being no discussion, the motion passed by a 4-0 vote. Commissioner Johnson Not present Vice Mayor Kelley Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes 9. 24th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, representative from Miami-Dade County Commissioner Barbara Jordan's office, District One, came forward and stated that had no reports. Jason Smith, a representative from the Miami- Dade County Commissioner Jean Monestime Office, District Two, stated that he had no reports, but would take any concerns that need to be addressed. Vice Mayor Kelley states that something was sent to the Commissioner referencing a company and it has been addressed. He goes on to ask for an update on Ingram Terrace Apartments. Mr. Smith stated that he would look into the matter and report back with an update. Vice Mayor Kelley directed Mr. Smith to email the update to the City Manager. Commissioner Santiago states that he has sent a letter to Commissioner Monestime, but has yet to receive a response. He stated that the connection to Regular Commission Minutes—04/10/2013 3 37th from the Gratigney to 135th Street has not been cleaned. The roads have been in poor condition for over six months. Mr. Smith said that he would look into the matter. Commissioner Santiago stated that he started speaking to the City Manager about having an emergency clean-up. This area is one of the important industrial areas of the city. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: 14. PUBLIC PRESENTATION: 1. Darrell Roberts, OSF Director ref: Operation Safee Flight Darrell Roberts, 1510 SW 190th Ave, Pembroke Pines, FL, Federal Government Employee for the Federal Aviation Administration, Traffic Control, came forward to present Operation Safee Flight event that will take place May 4th and 5th at Opa- locka Airport. The presentation is directed to introduce the community and its youth to aviation. Mayor Taylor asked if he had any flyers. Mr. Roberts stated that he had posters. 14a. CITIZENS' FORUM: 1. Cynthia Starver, 2005 Ali-Baba Ave. Apt B, Opa-locka, FL, appeared before the City Commission and voiced her concerns with regards to her water bill which is abnormally high. She stated her bill never exceeded $25 since 2007. However, she has recently received a water bill of$73. There is some type of device on her meter which causes her usage reading to be high, thus resulting in a higher water bill. Ms. Starver is sent with Mr. Harris to resolve the issue. 2. Radcliffe Jackson, 7200 NW 11th Place, Plantation, FL, came forward and stated in March of 2012 he was trying to sell a house, however, the title company showed him that he had outstanding citations from the City of Opa- locka totaling in $22,631.68. Most of the citations were issued due to lack of landlord permit on a property he owns in Opa- Locka. He contacted the City Manager to locate his permits, but was told that there was nothing that could be done. He then retained the law firm of Greg Mathis to investigate the matter. After repeated attempts to contact the City Attorney to resolve the issue he then had to close on the property on May 12, 2012. He ultimately paid the City the entire $22,631.68. In December he found the permits that he previously could not locate. Mr. Jackson states that he currently has all the documentation in his possession and he also submitted copies to Assistant City Manager, David Chiverton. He looks forward to resolving the issue as soon as possible. Regular Commission Minutes—04/10/2013 4 Mayor Taylor asked if he is working with the Manager's Office. Mr. Jackson replied that he is, but nothing has been done in 12 months. Mr. Jackson is directed to speak with Assistant City Manager Chiverton. Commissioner Holmes stated that he spoke to Mr. Jackson on the phone and advised him to come to the meeting and present his problem to the Commission. 3. Jannie Russell, 1210 Peri St. Opa-locka, FL, appeared before the City Commission with concerns about flyers being placed on the windows of cars. She stated that after it rains the flyers get stuck to the window and damage the tints on the window. She also wants to thank the Commission for bringing back recreational activities in the park. She further expressed concern about landscaping contracts which are often done with companies located outside of the City of Opa-locka, and would like to see these contracts given to Opa-locka residents to provide employment within the community. 4. Katrina Walker, 630 Dunad Ave., appeared before the City Commission and spoke in favor of item 18A3 relating to increased height for fences. She requested the City Commission approve on this item. 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 A CHANGE ORDER FOR JVA ENGINEERING CONTRACTOR, INC., FOR CONSTRUCTION OF A NEW SIDEWALK ON THE NORTH SIDE OF BURLINGTON STREET BETWEEN OPA- LOCKA BOULEVARD AND SINBAD AVENUE AS PART OF BURLINGTON STREET DRAINAGE AND ROADWAY IMPROVEMENTS PROJECT, A BUDGETED ITEM, IN AN AMOUNT NOT TO EXCEED $17,478.50, PAYABLE FROM ACCOUNT NUMBER 47-541630; 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 Vice Mayor Kelley, seconded by Commissioner Holmes to pass the resolution. Vice Mayor Kelley stated that he is concerned with the wording of the proposal because it states that it reserves the right to revise and update their proposal prior to a contract being issued. If the cost to build the new sidewalk and the scope of work has already been estimated then there should be no need to revise or update the budget. Attorney Geller stated that the amount is final. Regular Commission Minutes—04/10/2013 5 Vice Mayor Kelley said he does not see any signatures indicating that they accept the notation stating that the budget could be revised. He requested clarification that the estimated budget is final. Manager Baker replied that it is written in that manner in the event that it takes a long time to make a decision the contracting company would like to reserve the opportunity to revise their prices. However in this case, the work has already begun so the notation should not have any impact. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Johnson Not present Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH C & I CONSTRUCTION AND DESIGN, INC., FOR THE REHABILITATION OF SANITARY SEWER PUMP STATION 10, IN AN AMOUNT NOT TO EXCEED $768,680.00, PAYABLE AS A BUDGETED ITEM, FROM ACCOUNT NUMBER 35-535630; 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 Vice Mayor Kelley, seconded by Commissioner Holmes to pass the resolution. Vice Mayor Kelley asked why the resolution was reissued. Manager Baker stated that the original company that was set to do the work was very costly. It was not in the City's best interest to pay such a massive mark up on that change order so he instructed staff to rebid the project to avoid paying excessive amounts of money. He added that he did not want two contractors working with each other with the pipeline and the station. Vice Mayor Kelley said that he is challenged when he sees the same company being used continuously and he does not like the idea of the same company getting all of the work. Also that there have been some challenges in using this company. He said he does not support the resolution. Commissioner Holmes asked why the previous contractors who have a signed agreement with did not do the job. Manager Baker stated that it was because the pipelines issued downstream required additional work which was cost prohibited. Regular Commission Minutes—04/10/2013 6 Commissioner Holmes said that there was a signed contract for the previous company selected to complete the work for the amount awarded. Manager Baker said the contract only applies to the station and not the pipeline. The pipeline problem occurred afterward. The change order is a result of a new issue that occurred downstream. He asked for the support of the Commission to approve the resolution because the problem needs closure. Commissioner Holmes clarified if the work that was set to be done for the agreed amount in the previous contract did not include the additional pipeline. Manager Baker replied yes. Commissioner Holmes asked why the pipeline was not included in the initial contract. Manager Baker replied that the problem with the pipeline was not known at the time when the initial contract was agreed to. Once they learned of the problem with the pipeline they presented it to the contracting company on the contract to have them produce a price on the change order. However, the amount requested by the contracting company was excessive. Commissioner Holmes asked if that amount of$768, 680.00 which is being requested by the current contracting company will pay for the work done to repair both the pump station and the pipeline. Manager Baker replied yes. Although Commissioner Holmes still had concerns, he said he would support the legislation. However, should this matter arise again, he will not support it. Commissioner Santiago asked for the location of the pump station. Manager Baker replied that the pump station is located on Perviz Avenue. Commissioner Santiago asked how long has this problem with the property existed. Manager Baker said it has been there for at least six months. Commissioner Holmes stated that he will go along with the resolution only because he knows the amount of distress it has caused the community. There being no further discussion, the motion is passed by a 3-1 vote. Commissioner Johnson Not present Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Santiago Yes Regular Commission Minutes—04/10/2013 7 Mayor Taylor Yes (19-4)A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR PARKS PROGRAM MANAGERS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. 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. Vice Mayor Kelley requested clarification regarding what the resolution is suppose to do in terms of park program managers. Mayor Taylor explained that the resolution is to reach out to professional park managers such as the YMCA, Boys and Girls Club and similar agencies to help upgrade the parks. She also mentions upgrading parks by having swimming pools that operate year round. Vice Mayor Kelley said he previously inquired about programming and structure and received details from the Manager about summer recreational activities like swimming. He confirmed whether this resolution is for a plan to run the park system. Mayor Taylor said the objective is to have a professional group run the park system. Vice Mayor Kelley asked about the current park staff and what will happen to them. Mayor Taylor said the same thing happened when they were doing their own garbage pick-up and an outside contractor came in. The contractor was told to hire Opa-locka residents. Vice Mayor Kelley asked if it is outsourced parks that Mayor Taylor is requesting. Mayor Taylor replied yes. Vice Mayor Kelley said he cannot be supportive of outsourced parks. He initially thought the Mayor was trying to get funding for a specific assignment, but not to pay for an external group. Mayor Taylor further explained that having the external source would be beneficial because they have their own insurance and funding so they do not rely on the city. Her only concern is to make sure that they would open employment to Opa-locka residents first. Vice Mayor Kelley stated that in the past outsourced groups hired Opa-locka residents temporarily then they were gone because they usually come in with a lot of their own Regular Commission Minutes—04/10/2013 8 staffing and hire a few residents. Fee structures and fee schedules for use of the buildings will also have to be implemented in hiring external groups. Mayor Taylor stated that they can at least reach out, but the final word comes from the Commission so once the Manager presents what they have to offer, the Commission reserves the right to decline. Commissioner Santiago said the Patawaian government recently visited and would like to send to submit a proposal to work together with the community in the arts and recreation. Mayor Taylor said if the resolution is executed that would be the point where they would come in to present what they have to offer. Commissioner Santiago stated that even if an external source is introduced, the administration would remain in the city. The external source will only be implemented to run the program. Commissioner Holmes said there are employees in the city that have educational degrees in childhood, youth and similar areas. The park directors are the ones who should be given the opportunity to manage city parks and see if it is successful. He said he will not support the resolution because he feels the current park directors have been doing an excellent job. If there are other things that the current staff can improve on then they should be given the opportunity to do so. Mayor Taylor said the resolution has nothing to do with the qualifications of the parks director. However, they should be open to what external sources have to offer to the parks program. Commissioner Santiago asked if the resolution is passed will the current park directors be removed from their positions. Mayor Taylor responded that current park directors will be protected. She simply wants to see what external sources have to offer. If the Commission does not like the offer, they can still decline and keep things as they are. It is just a way of seeking out professional park companies. Commissioner Santiago stated that there are Opa-locka residents who are capable of running the park programs. He does not support the resolution if the reasoning in seeking out assistance is to help run the parks if Opa-locka park staff can do it themselves. He would like to keep residents working in the city. Mayor Taylor reiterated that the resolution is not intended to fire anyone from their jobs. There being no further discussion, the motion failed by a 3-1 vote. Commissioner Johnson Not present Vice Mayor Kelley No Commissioner Santiago No Regular Commission Minutes—04/10/2013 9 Commissioner Holmes No Mayor Taylor Yes (19-7) 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 FOR MY LAWN SERVICES, INC., FOR MAINTENANCE SERVICES OF NW 22ND AVENUE AND NW 27TH AVENUE, IN AN AMOUNT NOT TO EXCEED $22,680.00, PAYABLE FROM ACCOUNT NUMBERS 41-541340 AND 63-533340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Kelley, (Mayor Taylor relinquished the gavel to Vice Mayor Kelley) seconded by Mayor Taylor to pass the resolution. Vice Mayor Kelley said he had concerns with the bids because he does not believe all the alleys can be cut with that amount of money. Given the amount that other companies proposed, the amount in the resolution will not be sufficient. He said that it will result in a change order and added on cost. The budget should have been combined in one company. Commissioner Holmes said the job can be given to people in the city. Mayor Taylor stated that there is a particular image that the city strives for the community to have. The Public Works Department is stretched beyond what they can do. She indicated that there is a difference in a yard cutter and a landscaper. The medians are in despair in that the hedges are dying, the sprinkler system is not working, and the alleys need cutting. If the landscaping is outsourced the image of the community will look manicured and not just cut. She said she is in favor of the resolution for the sake of beautifying the city. Commissioner Santiago said the City's image must be improved. He mentioned that one of the companies had previously done work in the city and they did a good job. He wants the city to be clean and beautiful which would require professional help. Vice Mayor Kelley said it can be agreed they all want a nice looking city, however, it is not the external company that he views as being problematic,but the manner in which the process was set up. Previously one company was doing both. It was the committee who got bids for doing the alleys and the medians separately. The decision should be that of the Commission, not the committee. If the contract would be with one company, he would agree, but he cannot support the way it is structured. He asks why the committee decided to select two vendors and who gave them authority to do so. He says the two bids are very different and inevitably it will be the case where more money is needed. Regular Commission Minutes—04/10/2013 10 Commissioner Holmes stated that in the past he has cut grass throughout the community himself in attempts to make it look better. He knows what the community should look like and what he wants it to be. There being no further discussion, the motion failed by a 2-2 vote. Commissioner Johnson Not present Commissioner Santiago Yes Commissioner Holmes No Vice Mayor Taylor Yes Vice Mayor Kelley No Vice Mayor Kelley returned the gavel to the Mayor. 16. NEW ITEMS: 17. PLANNING& ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCES: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 12-21, THE GENERAL FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the above ordinance. Vice Mayor Kelley stated that he has concerns with the estimates of fines and forfeitures in that they are too low. He is not in favor of the golf course being sold because it is uncertain what may be on the other side of the airport. He also stated that the amount of risk management is low. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Johnson Not present Regular Commission Minutes—04/10/2013 11 Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 12-22, THE PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A", REFLECTING CHANGES IN REVENUE SOURCES AS FOLLOWS: CAPITAL PROJECTS FUND (FUND 320), SEVEN HUNDRED SIXTY ONE THOUSAND FOUR HUNDRED AND FIFTY-EIGHT DOLLARS ($761,458); SPECIAL LAW ENFORCEMENT FUND (FUND 165), SEVENTY FIVE THOUSAND DOLLARS ($75,000); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Geller. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to pass the above ordinance. Vice Mayor Kelley said the needs of the new Chief should be incorporated in the ordinance. He says the adjustments can be made, if needed, to the second reading. Commissioner Holmes said he does not want anything cut from law enforcement. Instead, more money should be provided to the police department for an increased police salary, other equipment, and other things they may need. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Johnson Not present Vice Mayor Kelley Yes Commissioner Holmes Yes Commissioner Santiago Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 86-8, ARTICLE 6, SECTION 6.1, R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AND 6.2, R-2 TWO FAMILY (DUPLEX) RESIDENTIAL DISTRICT OF THE CITY OF OPA-LOCKA LAND DEVELOPMENT REGULATION CODE TO PROVIDE FOR INCREASED HEIGHT FOR FENCES AND A DEFINITION OF DECORATIVE FENCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Regular Commission Minutes—04/10/2013 12 The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Commissioner Johnson Not present Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes B. SECOND READING ORDINANCES/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 OT 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 (first reading held on March 13, 2013). Sponsored by C.M. 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 Commissioner Holmes, seconded by Vice Mayor Kelley to pass the above ordinance. There being no discussion, the motion passed by a 4-0 vote. Commissioner Johnson Not present Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley 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 Regular Commission Minutes—04/10/2013 13 ENFORCEMENT PENALTIES, AND CIVIL FINES; PROVIDING FOR DEFINITIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 13, 2013). Sponsored by M.T. 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 Commissioner Holmes, seconded by Vice Mayor Kelley to pass the ordinance. There being no discussion, the motion is passed by a 4-0 vote. Commissioner Johnson Not present Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE NEW ARTICLE IV, SECTION 2-653 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES CHAPTER 2, ADMINISTRATION, ESTABLISHING A SCHEDULE OF FEES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 27, 2013). Sponsored by C.M. 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 Commissioner Holmes, seconded by Vice Mayor Kelley to pass the above ordinance. There being no discussion, the motion is passed by a 4-0 vote. Commissioner Johnson Not present Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes Regular Commission Minutes—04/10/2013 14 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF ZUMA, LLC TO REZONE THE PROPERTY IDENTIFIED BY FOLIO NUMBER 08-2128-007-0260 FROM 1-2 TO I-2A; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 27, 2013). Sponsored by C.M. The above ordinance was deferred to the Regular Commission meeting of 4/24/2013. 5. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF JAVIER PEDRE TO REZONE THE PROPERTY IDENTIFIED BY FOLIO NUMBER 08-2128-007-0040 FROM I-2 TO I-2A; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 27, 2013). Sponsored by C.M. The above ordinance was deferred to the Regular Commission meeting of 4/24/2013. 6. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF JDL UNLIMITED INVESTMENT, INC. TO REZONE THE PROPERTY IDENTIFIED BY FOLIO NUMBER 08-2128-008-0010 FROM 1-2 TO I-2A; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 27, 2013). Sponsored by C.M. The above ordinance was deferred to the Regular Commission meeting of 4/24/2013. 7. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF VELEZA TRUCK ENTERPRISES, INC. TO REZONE THE PROPERTY IDENTIFIED BY FOLIO 08- 2128-007-0020 FROM I-2 TO I-2A; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 13, 2013). Sponsored by C.M. The above ordinance was deferred to the Regular Commission meeting of 4/24/2013. C. RESOLUTIONS/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: Regular Commission Minutes—04/10/2013 15 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO RATIFY THE CITY MANAGER'S EXPENDITURE TO ALLAPATTA MOTORS, INC., FOR THE EMERGENCY REPAIR OF PUMP STATION 9, IN AN AMOUNT NOT TO EXCEED $16,000.00, WHICH IS NOT A BUDGETED ITEM; PAYABLE FROM ACCOUNT NUMBER 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING RESOLUTION 12-8504 REGARDING INTERIM MEMBERS TIME TO SERVE ON THE COMMUNITY RELEATIONS, RECREATION AND ACTIVITIES ADVISORY BOARD; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING RESOLUTION 12-8506 REGARDING INTERIM MEMBERS TIME TO SERVE ON THE PLANNING COUNCIL; 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 Commissioner Holmes, seconded by Vice Mayor Kelley to pass items 3, 5, and 6 of the consent agenda. The motion passed by a 4-0 vote. Commissioner Johnson Not present Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes A. CITY MANAGER'S REPORT: Manager Baker comes forward and first discusses his trip to Tallahassee, FL where he had meetings. He stated that Opa-locka is in the agenda for water projects. He received a call from the governor and was informed that a project has already been recommended from the house and the senate. The recommendation was a lift station for $390,000. He also states all of the other water projects are within the budget. He stated that he had a meeting with the state revolving loan administrators where he was informed that the city is now able to apply for state revolving funds. He was told that providing the projects are approved and meet all requirements a contract will be issued for approval as early as June 2013. Regular Commission Minutes—04/10/2013 16 He went on to say that the city is working on a city-wide pilot program. He put together a committee that is working on developing a contract. There is a community business that has all the required licenses and they are working together to build an agreement. The pilot program would run a couple of months that should be ready within the next few weeks. If it meets the expectations, he will then present it to the Commission for final adoptions for annual contracts. The plan for the program would be to use city residents out of the jobs program to wash vehicles. A schedule for washing the vehicles will be constructed and the manner in which they do them is still being decided. If the program is successful it will be a solution to having an outlet where city vehicles can be washed. He further said that the AMR project is moving along very well. One cycle has finally been completed. Both manual reads and electronic reads will be done and compared to insure accuracy. There are still two other building cycle zones that are still being worked on. He hopes that their momentum grows stronger as they move forward. Manager Baker reported his attendance at a meeting with South Florida Workforce in efforts to develop a memorandum of understanding between Opa-locka agencies. He recognized that there should be a document stating who is doing what and he is hopeful that when they receive the next draft that it is released to the City Attorney then ultimately brought before the Commission for final adoption. He informed the Commission that the senior housing project is moving quickly. He was told soon he will be unable to look directly out from his window because the building will be there. He also mentions that thirty residents from the city will be hired to work. He continued by saying that they have met with the general contractor who is constructing Segal Park. In their meeting, the contractor was informed to hire city residents to work on the project. The contractor will go to South Florida Work Force to utilize laborers in various disciplines. Manager Baker said that the sidewalk jobs program is making very good progress. It has now been developed into two teams and they have been very productive. He stated that in regards to the EPA waste water grant, he has received a report from the lobbyist in Washington indicating that he was involved in meeting with Senator Wilson and things are looking very promising. By next week they should have a final position. The funding has not been pulled. A written report will be produced once the outcome is determined. He mentioned that in his time in Tallahassee he expressed to the state how critical it is for him to obtain a completed master plan. In the event that something should occur that is not favorable, there is a fall back plan in order to move forward in getting a master plan. He also stated that he met with the shuttle bus service company concerning adding some additional streets and additional locations that were not initially included. Regular Commission Minutes—04/10/2013 17 He reported that the Rutland Street Drainage and the Burlington Street Projects are moving forward. The city is close to getting some work done on the 143st street round- about. He stated the city will be looking to set up a workshop with residents for suggestions on renovating and designing the Historical City Hall. He said that the drainage and roadway improvement project of NW 128th St is moving along. A notice to proceed has been issued and the valley gutter installation is 40% completed and the project will continue to move forward. Commissioner Santiago said he is impressed with the reports and he believes that progress is being made. He is glad that construction is being done throughout the city. However, he is receiving some complaints as well as his own observations that there are few Opa-locka residents being used to do the construction. He would like for future hires to be Opa-locka residents. He requested a list of city residents who are awarded work. Commissioner Holmes asked if the process on the Town Center building is moving along well. Manager Baker replied that the city is waiting on the owner to sign the purchase agreement. The purchase agreement took time to put together in order to insure that it was clear on both parties of the due diligence portion in terms of the environmental, structural, mechanical and financial. They are now waiting on a signature. However, nothing can begin until the purchase agreement is signed. Commissioner Holmes asked when the contract expires with the contractors of the Building and License Department. Manager Baker said the contract will be up within the next month or so. Commissioner Holmes said that of a $20,000 check the contractor gets 70% while the city gets 30%. If the construction was done internally, then the city would get the 70%. He goes on to ask if the construction at the site came to a stop because he has not seen any activity taking place there. Manager Baker responded that he was unaware if the construction has come to a stop. Commissioner Holmes said he has brought the matter to the manager's attention because he has not seen anyone working there. Manager Baker agreed to look into this concern. Commissioner Holmes said he would like to get rid of the red light cameras when the contract expires. He asks when exactly the contract expires. Manager Baker said he is uncertain of the exact date of expiration. However, he mentioned that the contract expires sometime this year. Regular Commission Minutes—04/10/2013 18 Commissioner Holmes reiterated that the city needs to get rid of the red light camera. He went on to say that it is the people of Opa-locka that are being hurt the most by the red light cameras. The Opa-locka Police Department is doing a good job at catching those who are running the red lights. The sidewalks are being done by the Public Works Department and he is thankful for that. He also gave thanks to the Police Department. He mentioned a police officer who has not received his $500 bonus. He asked the manager if he is aware of this matter. Manager Baker replied that he is unaware of it. Commissioner Holmes went on to thank the staff. He also advised the new Chief to do what he has to do execute his duties well. Vice Mayor Kelley acknowledged Assistant City Manager Chiverton for representing the city so well during a difficult situation. He said that he was unaware that they did not yet have the M.O.0 for work force. Part of the legislation passed with the work force initiative was to receive a report from work force indicating the number of citizens hired from the city. He also addressed the bus shelters and his concerns regarding it. He addressed the round-about being built and asks that no major work be done during FCAT testing. He asks how long does the Manager anticipate until the time of the update. Manager Baker said it will be two weeks until the next update. Vice Mayor Kelley asked about the strategic plan being displayed to the citizens to get their input. He asked when the Manager plans on having the presentation. Manager Baker said that if possible, he would like to have the presentation on the same day of a commissions meeting. He will hold the presentation at the next Commissions, if possible. Vice Mayor Kelley said that he knows the presentation is a part of the process and it has to take place. He went on to mention the fishing trip for the seniors and that he assumes the city is ready. Mayor Taylor requested a spread sheet for the project the Manager presented and noted that she did not see cultural diversity or a way for people to seek the jobs associated with the project. She asks if he has sent out a blast or a way for people to be informed of the job openings. Manager Baker replied that he had not done so yet because the project is still being put together. Manager Taylor announced that she has invited The Miami- Dade League of Cities to have their next meeting in The Great City of Opa-locka for the first time. B. ACCOUNTS PAYABLE: Regular Commission Minutes—04/10/2013 19 Ezekial Orji, Finance Director, comes forward and states that all the bills are being paid as they are submitted, reviewed and approved. He stated that the package provided to the Commission contains the cash requirement report for March 25th and a cash register for the month of March. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller stated that he submitted a written report. He mentioned that he is very pleased with the outcome of the Helen Miller project. He said he is glad that they were able to avoid a protest and going to court. The city received a notice to proceed and they saved 2.7 million dollars. He said the settlement conference will be rescheduled to May 1, 2013. 22. CITY CLERK'S REPORT: 23. MAYOR/COMMISSION REPORT: Commissioner Santiago thanked everyone for attending the meeting and for having the opportunity to go to Tallahassee to represent the city. He also sends out his prayers and condolences to the families of the victims who died last week in the tragedy. He thanked Mr. Chiverton for a job well done and to the new police chief, Mr. Key, for helping the city move forward. He further announced the bingo games that will take place at Shabondy Park. It will be held on every fourth Friday of the month beginning from the April 26, 2013. Commissioner Holmes said that he is often burdened when his colleagues go out of town because all the work falls on him. Vice Mayor Kelley reported that the adult basketball league is ongoing. He said he attended the City Year Miami and Starbucks joint partnership working together to beautify Miami. He stated that the city must come to a closing regarding the city charter. He reminded the manager of the clergy meeting which is held on the second of every month at 11:30 am. He also mentioned the senior fishing trip that will take place on Friday. He further stated that he will continually look for job opportunities for Opa-locka residents. Mayor Taylor thanked the citizens for attending the meeting. She also congratulates Mr. Scott on obtaining his new job. She acknowledged the efforts made by City Year Miami and Starbucks to help beautify Nathan Young elementary. She continued by saying that the League of Cities will be having their meeting in Opa- locka as previously mentioned. Regular Commission Minutes—04/10/2013 20 She expressed condolences to the families of the four victims involved in the I-95 car accident. Wanda Cooper, Human Resources Director, came forward and stated that in order to police the South Florida contractors in making sure they hire from within the city they will be submitting a detailed report to the number of residents that are applying, the percentage that are granted interviews and the amount of people that are hired. She stated the report will be provided to the manager who will then present it to the Commission. Vice Mayor Kelley said that this strategy of policing referred to by Ms. Cooper has already been discussed and is part of what is going to occur. Manager Baker elaborated that the city will be specific in hiring residents by not just reviewing the zip code, but by the entire address. 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to adjourn the meeting at 10:08 p.m. 661IALY110:-R1-1/ ATTEST: 144 CITY CLERK Regular Commission Minutes—04/10/2013 21