HomeMy Public PortalAbout04- April 24, 2013 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
April 24, 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 24,
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: Vice Mayor Joseph L.
Kelley, Commissioner Dorothy Johnson, Commissioner Luis B. Santiago , Commissioner
Timothy Holmes 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 Vice Mayor Kelley.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
Commissioner Holmes acknowledged Officer Vega for his commendable work in the
Police Department.
6. APPROVAL OF AGENDA:
7. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and
deletions):
The following items were pulled from the Consent Agenda: 19-3, 19-4, 19-6, 19-8 and
19-9 (Johnson); 19-10 (Santiago); and 19-12 (Kelley).
Attorney Geller requested that item 18B1, 18B2, 18B3 and 18B4 be deferred to the next
commission meeting.
Regular Commission Meeting Minutes—04/24/2013
Attorney Geller stated that in the ordinances for first reading 18A2 regarding the Zoning
Board of Appeals the prepared agenda does not mirror the item in package which
indicates that it is an emergency. The ordinance should be changed to reflect that it is an
emergency ordinance.
Mayor Taylor confirmed in asking if he wants the word "emergency" included in the
ordinance.
Attorney Geller responded yes.
Mayor Taylor asked if a motion is needed for that.
Attorney Geller replied no because it is a scrivener's error in that the word "emergency"
was originally included in the item that's in the package.
It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion is passed by a 5-0 vote.
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Johnson Yes
Commissioner Santiago Yes
Mayor Taylor Yes
8. APPROVAL OF MINUTES:
Regular Commission Meeting—04/10/2013
It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to approve the
minutes of the Regular Commissions meeting of April 10, 2013.
There being no discussion, the motion is passed by a 5-0 vote.
Vice Mayor Kelley Yes
Commissioner Johnson 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:
Regular Commission Meeting Minutes—04/24/2013 2
12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER
REPORT:
Larry Gardner, Commissioner Barbara Jordan's Office, District One, came forward and
stated that Commissioner Jordan is hosting a free jazz concert. It will be held on Friday,
May 3, 2013 at 6:30 pm at Aza State Park which is located at 20901 NE 16 Ave.
Mayor Taylor asked if he had flyers.
Mr. Gardner replied that flyers were placed on the table in back of the room.
Jason Smith, Legislative Aide and Community Affairs Liaison for Commissioner Jean
Monestime, District Two, 900 NE 125 St. North Miami, FL, came forward with an
update on the two items that were addressed at the previous meeting. The two items
being: the NW 37th and 42nd Ave. connector and the Ingram Terrace Apartments. Parks
Recreation and Open Spaces performed a build inspection on April 19, 2013 of the NW
37th and 42nd connector and discovered several concerns such as: debris, incomplete
mowing and shrub trimmings that need correction. The concerns require corrective action
from the landscape maintenance contractor. As a result of the concerns, the county has
forwarded the landscape maintenance contractor a deficiency. The issue should be
corrected within two business days. He gave the City Clerk photos of the subject area for
official record. County staff will survey the area this week to make sure it has been
properly maintained and the contractor is meeting its obligations.
He addressed the matter regarding the Ingram Terrace Apartments by informing that his
office was advised of a flooding problem at the complex. Commissioner Monestime has
submitted a request to the county's department of Public Works and Waste Management
to conduct an investigation into how the county can alleviate the flooding.
Mr. Smith stated that Commissioner Monestime has released the county's official
calendar for Haitian Heritage Cultural Month, which will be celebrated by the county in
the month of May. This is the 13th year that the county has recognized the month of May
as Haitian Heritage Cultural Month. He distributed copies of the calendar.
Mr. Gardner opened up for any questions or concerns that anyone would like to address
to the Commissioner.
Vice Mayor Kelley pointed out other maintenance issues with Ingram Terrace
Apartments. He requested an update on the improvements along with the update on the
flooding matter.
13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
14. PUBLIC PRESENTATION:
14a. CITIZENS' FORUM:
Regular Commission Meeting Minutes—04/24/2013 3
1. Lakenya Clanton, 423 NW 1st Terrace, Deerfield Beach, FL, appeared before the
City Commission and said she is aware that zone I-1 is being considered for zoning for
churches. She asked the Commission to amend the legislation to allow churches in the I-3
Zone. She represented her pastor Tavares Robinson and her church and they are
interested in renting out a property in Opa-locka that is zoned I-3. The property owner
agreed to rent to them considering they get the zoning approved.
2. Ceila Pruitt, 2350 NW141 Street, Opa-locka, FL, came before the Commission
with concerns regarding things within the neighborhood that are not happening the way
they should. She highlighted the pot holes that need to be filled and alleyways that lack
maintenance. She proposed placing roundabouts in intersections in order to make the
streets safer by reducing the speeding cars. She congratulated the new police chief and
suggested that he come out into the neighborhood and interact with Opa-locka residents.
Mayor Taylor asked where the potholes are located.
Ms. Pruitt replied that one of them is located on Alexandria Drive. She expressed that she
is in favor item 19-3. She wants to see alleyways being maintained and for them to be
tended to by Opa-locka residents. She wants the young people of Opa-locka to be given
the opportunity to conduct the landscaping. She believes that young residents of Opa-
locka are being overlooked for contracting jobs with the city.
3. Patricia Ellis, 1146 Dunad Avenue, Opa-locka, FL, came forward with concerns
about the youth of Opa-locka. She said that their attention needs to be occupied in order
to save them from digressing into the wrong activities.
4. Mr. Nieves of 911 Burlington Street, Opa-locka, FL appeared before the
Commission and voiced his concerns about the sidewalks not being up to par. He would
like to know what is going to happen to correct the issue.
5. Jannie Russell, 1210 Peri Street, Opa-locka, FL, appeared before the City
Commission in reference to item 19- 3. She spoke about the young people in the city that
need jobs. She would like to see the youth being trained by inner-city professionals. This
would qualify them to have the landscaping jobs as opposed to hiring external
contractors. Mrs. Russell said the city should invest within the community. She went on
to say that she is not in favor of paying $118,000 as proposed in item 19-3 to pay for
external contractors when the inner-city youth are capable of doing the job.
6. DiAngelo Jackson, 1830 NW 142 Street, Opa-locka, FL, came forward and stated
that he attended the city planning meeting in which ordinance 18A1 and II concerning
religious assembly was exhibited. He requested that the Commission include I-3 so both
zones could benefit from religious assembly.
7. Steven Barrett, 633 Sharar Avenue, Opa-locka, FL, appeared before the City
Commission and stated that he is thankful for the new chief. He also made reference to
resolution 19-3 in stating that the landscaping jobs should be granted to the citizens of the
community who need the work instead of resorting to outsourced companies. He said the
people of the community need the work and the money. He further stated that external
Regular Commission Meeting Minutes—04/24/2013 4
companies are making enough money by doing the work on the pump station; none of
which are being put back into the community.
8. Andre Bryan, 12840 NW 27 Avenue, Opa-locka, FL, came before the City
Commission with concerns about the police department bombarding their facility. The
organization is intended to have a positive impact in the community meanwhile
overbearing presence of police make it as though there are negative activities taking
place. He stated this weekend there was even marine patrol outside of the facility. He
says the organization has received a plaque for doing a good job, they have been
operating well for four years, they clean up after themselves and they are off of the
property at 7:00 p.m. as they are told. He stated that he feels like he is being harassed.
9. Mike Delavo, 1821 Wilmington Street, Opa-locka, FL, came forward to elaborate
on Mr. Bryan's claim. He stated that he had a party for a 2yr old and it was requested that
he pay for police and obtain a permit. However, he felt that two police officers was a bit
extreme for a party for a 2yr old child. He was only using the field and not the lake which
made the need for two police officers even more unnecessary.
Commissioner Johnson stated that she got some complaints about the party. She said a
party for a 2 yr old with an array of adults can be considered more than a mere child's
party.
Commissioner Holmes stated that last year the Commission permitted citizens to use jet
skies out on the lake and there have not been any problems yet. However, the new chief
may not know about it so people have been getting into trouble for using the jet skies.
Commissioner Johnson said the jet skies should be used with caution due to the manatees
in the lake. According to Florida Statutes, it is necessary to protect the wild life in the
water.
Vice Mayor Kelley said that the policies the Commission comes up with should be put in
writing. The use of documented policies will help avoid misunderstandings.
Commissioner Santiago encouraged the use of the parks and recreation in the city, but it
is necessary to respect the rules and regulations.
Vice Mayor Kelley requested a copy of the policy once it is developed.
10. Sandra Collado, 301 Bahama Avenue, Opa-locka, FL, came before the City
Commission and inquired about jobs for teenagers. She said it has been over 30 years and
there have been no jobs for the youth of Opa-Locka. The citizens are going for interviews
and never get called back.
Commissioner Santiago addressed Ms. Collado's concerns in stating that programs are
being developed to provide jobs in the city. Even if a citizen has a criminal record they
can be considered for employment within the city.
Regular Commission Meeting Minutes—04/24/2013 5
Ms. Collado also mentioned the parks not having swings and the hours at which it should
be opened.
Commissioner Johnson suggested that the HR manager talk to Ms. Collado to update her
on the current employment opportunities being offered. She also provided two
alternatives for companies that work with ex-offenders. One is South Florida Work Force
and the other she will provide off the record. She also stated that she has told the manager
that the parks need to have an hours of operation sign posted. She would like the manager
to further discuss with Ms. Collado the issues at hand.
Vice Mayor Kelley stated that applicants who apply for jobs and do not get hired should
at least receive a follow up call informing them that they were not hired. In regard to the
signs on the park, Vice Mayor Kelley said they are up. It is more of an enforcement issue
than it is a lack of signage. He also said that the city must do a better job at hiring citizens
of the city.
Commissioner Holmes requested that Manager Baker find out if there were no swings at
the park and to put some there if they were not.
Mrs. Collado further mentioned that parents must send their children to school in Miami
Gardens or Hialeah due to the poor academic levels of the nearby schools. She asked that
the Commission do something to improve the quality of the schools designated to the
students in the city.
11. Ms. White, 2864 NW 132 St. Opa-locka, FL appeared before the City
Commission and expressed her concerns about including I-3 zone into the ordinance for
churches.
12. Thomas Scott, 1311 Sharazad St. appeared before the City Commission and
voiced his appreciation for being given a job in the city. He went on to say that he is
hearing a lot of criticism in the meeting, but none of which is constructive. He will come
next meeting with a list of ideas that he thinks can be helpful strategies. He said someone
has to lead in order to guide young people and deviants to be better and do right. He
thanked Vice Mayor Kelley for the job opportunity he was given.
Mayor Taylor stated that the entire Commission support the jobs program.
15. ACTION ITEMS (items from consent agenda pull list):
1. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA —LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH MY LAWN SERVICE TO MAINTAIN CITYWIDE
ALLEYS AND THE MAINTENANCE OF NW 22ND AVENUE AND NW 27TH
AVENUE MEDIANS IN AN AMOUNT NOT TO EXCEED $118,080, PAYABLE
FROM ACCOUNT NUMBERS 41-541340 AND 63-533340, A BUDGETED ITEM;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
Regular Commission Meeting Minutes—04/24/2013 6
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 stated that in many years of being on the Commission she has
never seen an item show up multiple times as this one has. However, after hearing the
comments and suggestions of the people she came to the conclusion that she cannot
support this resolution. She agreeed that it does not take a lot of skills to cut grass and for
those who do not know how, she suggested training. She noted that the budget has
increased and it is now one company as opposed to the initial two. She asked the manager
if the item had gone back to the committee.
Manager Baker responded no, the item did not go back to the committee. He stated that
the changes in the resolution came as a result of some suggestions that were made at the
previous meeting.
Commissioner Taylor asked what suggestions he is referring to.
Manager Baker responded that one suggestion was to combine the tasks as opposed to
having two companies. The second concern was that one of the companies that were
being recommended provided a price that was low. They charged a low amount because
they did not understand the scope of work that had to be done. He had the Public Works
Director go back and revisit the recommended company to specify the amount of work
that needed to be done.
Commissioner Johnson said this may put the city in a legal issue for the other companies
who have bid on the work because of the many interfaces that are occurring. She
reiterated that she will not support it and requested that the manager show her the
procedures for selecting vendors. It has also been brought to her attention that people
who work in the departments are not part of it.
Vice Mayor Kelley said that is was a shock the company who was the lowest bidder and
had the highest ranking was not chosen to do the work. He suggested that the Public
Works staff and/or the rangers cut temporarily on the weekends until another resolution is
developed. He also stated that the Work Force should have workers that are capable of
cutting grass and they have the funding to do training. The budgeted money proposed in
the resolution can be used to hire city residents to do the work.
Commissioner Holmes said the rangers did a beautiful job in cutting the grass in the city.
He suggested that the city give the rangers a couple more dollars per hour, buy the
necessary equipment and have them do it.
Commissioner Johnson stated that she supports Commissioner Holmes' suggestion. She
asked if the flowers in the picture are part of the $80,000 used for the holiday
beautification.
Manager Baker stated that he was unsure.
Regular Commission Meeting Minutes—04/24/2013 7
Commissioner Johnson said she voted for $60,000 to be spent and she sees that $80,000
was spent.
Commissioner Santiago stated if the job can be done internally without interfering with
other jobs that need to be done in the city, then it is worth a try. If city citizens can do the
job then he prefers it that way. It is one thing to cut grass and another to beautify, but if
the Commission would like to try and see if city residents can do the job then he is in
favor of that.
There being no further discussion, the motion failed by a 5-0 vote.
Commissioner Johnson No
Commissioner Santiago No
Commissioner Holmes No
Vice Mayor Kelley No
Mayor Taylor No
Attorney Geller stated the item is still on the agenda though the proposed resolution was
not passed. A substitute resolution can be made to resolve the item.
Vice Mayor Kelley said that he is aware of this. He will propose a resolution according
to when the Mayor would like revisit the matter on the agenda.
2. (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER
INTO A FOUR YEAR AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS,
PIGGYBACKING ON THE STATE OF FLORIDA CONTRACT 600-000-11-1, FOR
THREE (3) TOSHIBA 3540C COPIERS FOR THE HUMAN RESOURCES,
BUILDING & LICENSE, AND PARKS AND RECREATION DEPARTMENTS, AT A
MONTHLY PAYMENT OF $430.35 PER MONTH, PAYABLE AS A BUDGETED
ITEM, FROM ACCOUNT NUMBERS 13-513440, 30-524440, AND 72-572440;
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 if the charter addressed Building and Licensing or
Community Development.
Manager Baker responded that both departments are included.
Commissioner Johnson asked where it is documented in the charter. She asked if
Building and Licensing is a part of the charter that says Community Development or is it
Regular Commission Meeting Minutes—04/24/2013 8
a separate department. She wanted to be sure that a new department is not being created.
She wants to stay within what is approved.
Manager Baker replied that he would have to verify.
Attorney Geller responded that they are dealt with in code sections, not in charter.
Commissioner Johnson asked if it is a department.
Attorney Geller stated that the charter provides that anything that was a preexisting
section of code unless repealed or in direct conflict still exists.
Commissioner Johnson said Building and Licensing was not in the previous charter. One
of the departments was previously outsourced. She does not want to pass a resolution that
says this department is not. If it is, she would like to reserve the right to come back and
correct it.
Mayor Taylor said that she can go back and correct it in the event that she would need to.
Commissioner Santiago said he would like to be clear about Commissioner Johnson's
question. He clarified in stating the city is going to provide new copy machines.
Commissioner Johnson replied yes.
Commissioner Santiago asked if the Commission has to provide the copiers when they
are a private company.
Commissioner Johnson replied that her concern was about the language.
Commissioner Santiago said that he was confused because if the city is receiving a
service from a private company, the city should not have to supply copiers for them to
use.
Commissioner Johnson asked Manager Baker to state what four and five are.
Manager Baker recites that it is to replace existing copiers where the agreements have
expired or will expire.
Commissioner Johnson stated that the Building and Licensing is currently outsourced to a
vendor.
Manager Baker stated that the permitting part of the department is outsourced, but the
administration is still composed of city staff.
Commissioner Holmes said that the bottom line is that the copy machines are needed
There being no further discussion, the motion is passed by a 5-0 vote.
Regular Commission Meeting Minutes—04/24/2013 9
Commissioner Santiago Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Johnson Yes
Mayor Taylor Yes
3. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PURCHASE
THREE FORD EXPEDITION FOR LEGISLATIVE USE FROM GUS MACHADO
FORD, THE FINANCING OF THOSE VEHICLES TO BE ARRANGED THROUGH
FORD MUNICIPAL CREDIT AT AN ANNUAL COST OF $41,564.16, PAYABLE
FROM ACCOUNT NUMBER 19-519648, WHICH IS NOT BUDGETED;
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 Commissioner Holmes to pass the
resolution.
Commissioner Johnson asked where the funding will come from being that the resolution
is none budgeted. She also asked why there is a need for three trucks if there are already
two.
Manager Baker stated that two Expeditions were purchased,but they were not set up as
they were expected. He went on to say that with the new chief coming aboard there are
needs which require the rentals to be surrendered and two of the proposed vehicles to
replace them, the two Expeditions
Commissioner Johnson asked who granted authorization for the first two vehicles to be
purchased.
Manager Baker responded that the Commission authorized for the Ford Expeditions to be
purchased.
He explained that the three vehicles proposed in the resolution are requested with reason.
Two of them are to replace the previous two that arrived, the previous two did not arrive
to meet the Commissioners' expectations and as a result they will be given to the new
Police Chief and his assistant. The third vehicle will be a replacement for Commissioner
Holmes whose current vehicle is experiencing mechanical issues due to the hydraulic
system in the rear. The two that were previously purchased are not being driven by the
elected officials.
Commissioner Holmes said that he supports the resolution. After looking at the vehicles
in Public Works, he recommends the two Expeditions that are already purchased be sent
to the chief and his assistant and let them utilize it for the Police Department. Then
reorder two other vehicles for the selected members of the Commission.
Regular Commission Meeting Minutes—04/24/2013 10
Vice Mayor Kelley said he and his colleagues have been awaiting the arrival of the
purchased vehicles for several months. There is a need to make sure the one for
Commissioner Holmes, considering his challenges, is only fair. He was concerned about
the fact that it took so long though the order was very clear in terms of what was to be
ordered. Ultimately, when they arrived they did not meet the expectations of the
Commission. He is now put in a position where it may seem as though he is being greedy
or self serving and he does not want to come off that way, but it was very clear in terms
of what was supposed to be ordered.
Mayor Taylor asked Manager Baker how he will fund the item.
Manager Baker replied that there are two sources under consideration: the two Taurus
vehicles that can be traded in will generate approximately$28,000, and the second source
is the existing vehicle that Commissioner Holmes is operating which is traded in it will
generate about $20,000.
Mayor Taylor said that the two Taurus' were to be given to Public Works.
Manager Baker said that was not the case.
Mayor Taylor asked her Colleagues if anyone remembered the decision for the two
Taurus' to be given to Public Works. She said that it was rumored that the Taurus' would
be traded in.
Manager Baker confirmed the rumor in stating that he planned on trading them in.
Manager Baker stated that he was instructed to trade in those two vehicles and purchase
Public Works vehicles.
Mayor Taylor asked who gave him such instructions.
Manager Baker replied that he was given the instruction by the Commission.
Mayor Taylor asked if he was given instruction to trade in the Taurus' by legislation or
conversation.
Manager Baker replied that he was given permission through legislation.
Mayor Taylor asked when it was passed.
Manager Baker adds that it was sponsored by the Mayor.
Mayor Taylor disagreed. She said when that legislation was passed it was to give the
vehicles to Public Works and indicated nothing about trade.
Manage Baker stated that the vehicles still belong to the city and the transaction has not
been completed. If the Commission decided that they do not want the vehicles to be
traded they can remain in the city and given to Public Works.
Regular Commission Meeting Minutes—04/24/2013 11
Commissioner Johnson requested to have a meeting with Manager Baker once the current
meeting concluded. She also requested that the Clerk present to her the legislation that
gave the Manager authority to trade in the cars. She said she will support it because of her
colleagues.
Mayor Taylor said she remembers talking about the two cars and it was said that the two
Taurus' would not be sufficient for Public Works. It was suggested that perhaps the two
Taurus' could be traded in for trucks for Public Works. In the last meeting there was an
ordinance for trucks for Public Works and everyone knew that if the cars could not be
used, then they would be traded for trucks for Public Works to use, as she previously
suggested. She recognized that a new car is necessary for Commissioner Holmes because
he cannot reach the hatch and perhaps the next one would be electronic.
Commissioner Holmes said the vehicles at Public Works are not electronic and he cannot
use them due to his disability and that is the reason he supports the resolution.
Mayor Taylor asks if the one that will be ordered has electronic controls.
Commissioner Holmes replied yes.
Vice Mayor Kelley said that he suggested that Commissioner Holmes take the vehicle
that was designated to him, however, it could not be utilized. He stated that he will not
support the resolution.
There being no further discussion, the motion is passed by a 4-1 vote.
Commissioner Holmes Yes
Vice Mayor Kelley No
Commissioner Johnson Yes
Commissioner Santiago Yes
Mayor Taylor Yes
4. (19-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO DISCONTINUE USE OF THE RED LIGHT
CAMERAS, AND NOT RENEW THE CONTRACT WITH AMERICAN TRAFFIC
SOLUTIONS (ATS) UPON EXPIRATION OF CURRENT CONTRACT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by T.H.
The above resolution was read by title by Attorney Geller.
It was move by Commissioner Johnson, seconded by Commissioner Holmes to pass the
resolution.
Commissioner Johnson said that she supports the initiative of the red light camera and
she recognized that a lot of money was spent. She then came to the conclusion that the
Commission should explore other ways like police engaging in initial placement.
Regular Commission Meeting Minutes—04/24/2013 12
However, after reviewing the revenue acquired by the placement of the red light camera
she recognizes that it generates a large amount of money for the city. She mentioned the
importance of public safety and said that she believes they should stay. She does not
think it should be on 22nd Ave, but often times she sees people run through the light on
37th Ave. and so that one should stay. She asked the Manager about his opinion on the red
light cameras.
Manager Baker said the red light camera system as it is currently laid out does not work.
The way it was designed did not take certain things into consideration. For example, one
should not be placed too closely to a residential area especially when the majority of the
traffic lives within the community. He notes that 37th Ave. is not a part of the program
though it is a street that generates lots of traffic. His suggestion is to remove the ones on
22n1 Ave. and come up with a new design while taking into consideration the business
quarters where traffic is coming in and out of the city. The revenue generated by the
cameras in stating that when the state portion and the ATS portion is deducted, there is
not much profit for the city. He said that it should be restructured.
Commissioner Johnson asked the Chief how much money is being saved by having a
camera at the intersections as opposed to a physical police officer.
Chief Jeffery Key, 780 Fisherman St, 4th floor Opa-locka, FL, came forward and said that
the red light camera has been very functional in many other cities and it takes the place of
having an actual officer physically present, however, he has not yet examined the
location. By the way it is currently structured the city is paying out more than it is
receiving due to the portions that must be paid to external entities.
Commissioner Johnson asked what the payout is. She asked if when using the term
payout he was referring to the portions that must be paid to the state and ATS.
Chief Key replied that $53 of each ticket goes to the state, $4500/month goes to the
vendor and the county takes a portion for holding the court dates.
Commissioner Johnson asked how the city is losing money.
Chief Key replied that the matter is not about losing money, but about if it is financially
feasible with the agreement that the city is currently under. Perhaps the payouts can be
restructured to pay less to the state and others that receive a portion of the revenue.
Commissioner Johnson asked if the Police officer has to go downtown to court for the
tickets.
Chief Key replied yes.
Commissioner Johnson asked Manager Baker how much of a percentage of officers have
attended the court hearings.
Attorney Geller said that some of the money generated by the cameras has not been paid
to the vendor due to issues about how they are charging. The vendor's cut has yet to be
Regular Commission Meeting Minutes—04/24/2013 13
deducted. Therefore, it may seem as though there is more money than there actually is.
As part of a renegotiation, the vendor has waived some fees and offered to move the
cameras to places that are not targeted toward city residents. Until the matter is resolved,
it will be difficult to estimate the amount of money being profited by the city.
Commissioner Johnson said that money should not be withheld due to disagreement. She
stated that Attorney Geller neglected to include that in his reports. She suggested that he
take the negotiation and pay them as he rightfully should. After paying the vendor, the
amount paid out will be apparent.
Commissioner Holmes stated that the previous Chief and his deputy chief were in
agreement with removing the red light camera when the matter was initially raised. The
reason everyone was agreement was because the majority of the money being generated
by the cameras was coming from senior citizens and the people who do not have the
money to pay for it. If there comes a time when something different needs to be done he
will review it, but he currently believes the cameras should be removed.
Commissioner Santiago stated that the Commission can find another way of acquiring
revenue that does not require sacrificing the citizens. He stated that he will support the
resolution.
Vice Mayor Kelley asked if there will be any legal ramification if the resolution is
passed.
Attorney Geller replied that there could be because there is an active dispute with the
vendors about their calculations. The vendors have offered to make it more financially
lucrative for the city to settle the dispute.
Vice Mayor Kelley asked if he has shared this information with the sponsor of the item.
Attorney Geller replied that the manager has shared this information with the sponsor.
Vice Mayor Kelley asked Commissioner Holmes if he has received any information
regarding the legal aspect of the matter.
Commissioner Holmes replied that he had not heard anything.
Mayor Taylor asked Commissioner Holmes if the matter can be deferred until the next
meeting.
The above resolution was deferred by the sponsor.
5. (19-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO RE-ESTABLISH THE CITY BUILDING
DEPARTMENT IN-HOUSE UPON EXPIRATION OF THE CURRENT CONTRACT
WITH CAP ENGINEERING, INC.; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H.
Regular Commission Meeting Minutes—04/24/2013 14
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 Manager Baker how the matter is being handled
Manager Baker responded that the Building and Licensing is currently being handled
under a contract with a company by the name of CAP.
Commissioner Johnson asked about the quality of work the city is receiving from the
company.
Manager Baker stated that the city has benefited from the company's professionalism and
expertise.
Mayor Taylor suggested the Commission move on to the next item until Commissioner
Holmes returned to the dais. It was preferred by the Commission if the sponsor was
present.
It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to defer the
resolution until the return of Commissioner Holmes.
Commissioner Holmes returned thus continuing the discussion on item 19-9.
Commissioner Johnson asked Commissioner Holmes about his intent in not
reestablishing a contract with CAP, Inc.
Commissioner Holmes responded that it did not matter if the company was bought in
from the Florida League of Cities in that it is still an external source. At the time the
company was bought in, the building official did not have all his credentials which he has
now acquired.
Commissioner Johnson asked Attorney Geller why he is permitting the conversation to
go on while the city is an equal opportunity employer. If the Manager sponsored the item
it would not conflict, however, it puts the Commission in a compromising position.
Commissioner Johnson requested that the City Manager asked that the HR Director come
forward. She asked, how are jobs advertised in the City of Opa-locka.
Wanda Cooper, Human Resources Director for the City of Opa-locka replied that job
advertisements are posted internally and externally.
Commissioner Johnson asked what should be the process when someone with particular
certification is being reviewed for employment, based on her experience in Human
Resources.
Regular Commission Meeting Minutes—04/24/2013 15
Ms. Cooper responded that in private industry the norm is if there is an incumbent who
has the credentials for a particular position, usually they can be slated which is a
management decision.
Commissioner Johnson stated that should have been included in the legislation in order to
place an incumbent that already met the minimum qualifications and can remain in that
position. She asked, am I correct?
Ms. Cooper replied yes.
Commissioner Johnson stated that anyone from the outside has the same rights to apply
for a job. She requested to have a friendly amendment to incorporate the incumbent
candidate.
Attorney Geller stated that the Manager can do that when he is bringing an item, but the
Commission cannot direct the Manager, even with an incumbent, on whom to hire. That
is why it is not included in the legislation. It is sponsored by a Commissioner thus
preventing it from including the amendment.
Commissioner Holmes said whether the resolution passed or not, the contract will still be
active for another month or two. One reason he wanted to move the legislation at the
current time was to have the legislation put in place for the new person. CAP, Inc was put
in place when the previous City Manager was in office. He is no longer in office thus
allowing the Commission to eliminate old legislation. Prior to the agreement with the
company, Building and Licensing generated $500,000. Since the agreement, 70% of the
department's earnings is given to CAP, Inc. He said he would like to bring the money
back in-house.
Commissioner Johnson clarified that the resolution says to reestablish the Building
Department in-house upon the execution.
Attorney Geller replied yes.
Commissioner Johnson further clarified in stating that based on the conversation from the
Manager and the HR Director, the city is looking to hire the person who previously held
the position, but the resolution states that the city wants to reestablish the Building
Department.
Attorney Geller replied yes in regard to the reestablishing the Building Department.
Commissioner Johnson stated that there is legislation that freezes anymore hiring except
for the essential hiring in the police department.
Attorney Geller stated that that the legislation was pulled.
Commissioner Johnson stated that essential hiring would not be the Building and
Licensing personnel.
Regular Commission Meeting Minutes—04/24/2013 16
Attorney Geller said that the resolution that was pulled (19-10) states except with
approval of the City Commission. The HR Director simply said if it was to be an
incumbent in response to your question and the Manager did not say that he was
necessarily looking at the incumbent.
Commissioner Johnson asked if this resolution has no impact on item 19-10.
Attorney Geller stated that he is not saying that.
Commissioner Santiago stated that what he learned from the resolution is that this
company is receiving 70% from the Building and Licensing Department earnings and the
city only receives 30%. He would like to bring it in-house and give the opportunity to
citizens and individuals who qualify to work there and bring more revenue to the city.
Manager Baker stated that there have been several issues occurred over the past that the
city has been attempting to repair. He said he understands Commissioner Holmes'
concern and the concern of others to bring the matter in-house. However, he would like
the opportunity to continue to cure the problems that have accumulated. It is easier for
him to resolve those issues as the city is currently set up. In regard to the 70/30 split, the
numbers are deceiving in that the split is purely based on activity. If there is no activity,
there will be no money. If the matter is moved to be brought in-house the total budget
cost for that day will have to be paid even if there is no activity. He understands the
desire to have a city resident in place, but he prefers that it be left as is. He suggested that
the current contract be renegotiated in order to bring a greater percentage of revenue into
the city. If the Commission would even be able to hold off another six months, it would
give him the opportunity to get some of the other items resolved.
Commissioner Holmes stated that Manager Baker was not in office when CAP, Inc. was
brought in. It is time to put the city back on the right track and start bringing revenue in
as opposed to giving it to people outside of the city. Manager Baker has two more
months, while the contract is active, to resolve the accumulated issues.
Commissioner Johnson stated that if Manager Baker needs more time to resolve existing
issues she is supportive of that.
Mayor Taylor clarified that Manager Baker needs some time to clean up some areas.
Manager Baker replied yes.
There being no further discussion, the motion is passed by a 3-2 vote.
Commissioner Johnson No
Commissioner Santiago Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Mayor Taylor No
Regular Commission Meeting Minutes—04/24/2013 17
6. (19-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO FREEZE ALL HIRING AND ALL SALARY
INCREASES, WITH THE EXCEPTION OF THE OPA-LOCKA POLICE
DEPARTMENT'S SWORN PERSONNEL THROUGH SEPTEMBER 30, 2013,
EXCEPT WITH APPROVAL OF THE CITY COMMISSION; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by D.J.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass
the resolution.
Commission Santiago asked in freezing all the hiring for the city, how will it affect filling
positions that become available?
Commissioner Johnson said that as stated in the legislation, the Manager will present the
matter to the Commission and get approval.
Commissioner Santiago stated that it is not within the Commissioners' means to hire
employment of the city.
Commissioner Johnson replied that budgeting, however, is the job of the Commission. In
the past, every year there has been a similar resolution. Although hiring is up to the
Manager, the budget for the city is the responsibility of the Commission. The Manager
can still hire, but the legislation allows the Commission to know if there is any additional
hiring.
Commissioner Santiago clarified that with the additional hiring the city would go over
the budget. However, refilling existing positions is approved in that they are already
factored into the budget.
Commissioner Johnson agreed that it would not have to present to the Commission when
refilling a position that was already included in the budget.
Commissioner Santiago clarified that the manager can replace the employee that was lost.
Commissioner Johnson provided an example in stating that if the Clerk were to leave, the
position must be filled. The position is already budgeted until Sept. 30, 2013.
Commissioner Santiago said that applies for City Board employees. He asked if it applies
to all other city employees.
Commissioner Johnson gave another example, in hypothetically stating that if the
Director of Parks and Recreation had to be replaced, it would be within the budget to hire
a replacement.
Regular Commission Meeting Minutes—04/24/2013 18
Mayor Taylor clarified on Commission Santiago's behalf in asking if the Manager has to
get approval from the Commission to replace that person.
Commissioner Johnson replied that it was not her intent if it is a budgeted position.
Attorney Geller proposed an amendment to clarify the resolution. In the past, if the
Manager was going to hire someone he would need to come to the Commission for that
hire, with the understanding that if it is already budgeted it would most likely be
approved. If the resolution is not intended to apply to already budgeted positions it would
take a very simple amendment to correct.
Commissioner Johnson said she would like to make an amendment where it will apply to
only budgeted positions.
Attorney Geller recited a proposed amendment to the resolution.
It was moved by Commissioner Johnson, seconded by Commissioner Santiago to pass
the amended resolution.
Vice Mayor Kelley said he is unclear on whether the resolution is intended to freeze all
non-budgeted positions due to the budget.
Commissioner Johnson responded that every year there was legislation that froze hiring.
It was only unique for the hiring for the Police Department. There may be individuals that
may be leaving the organization whose positions can be refilled. However, all other
hiring needs to be budgeted for.
Vice Mayor Kelley proposed incorporating in the amendment an interest to hire city
residents. There are positions that are budgeted such as secretarial positions, etc. He
agreed with hiring as long as the position is budgeted, but he wants there to be an effort
to hire citizens from the city.
Commissioner Holmes suggested that the item be deferred until the next meeting.
Commissioner Johnson permitted the item to be deferred until the next Commission
meeting.
7. (19-12) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO DEVELOP A
POLICY FOR ATTRACTING AND REGULATING FILM AND TV PRODUCTION
AND FILMING IN THE CITY OF OPA-LOCKA; 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, seconded by Commissioner Santiago to pass the
resolution.
Regular Commission Meeting Minutes—04/24/2013 19
Vice Mayor Kelley asked for clarification from the sponsor because there have been
issues in the way the city is depicted in films and videos. He wants to understand what
kind of policy the Manager is to develop because he wants the city to be seen in a
positive light.
Commissioner Santiago asked if he is referring to regulation that must be made for
companies to come to Opa-locka to film.
Vice Mayor Kelley clarified in asking what type of policy he is striving for. He is asking
whether the policy is directed to the film industry to come in and use the city or for
commercials to highlight the city because he wants to comprehend the policy that the
manager is to develop.
Commissioner Santiago stated that the objective of his resolution is to bring attention of
the film companies. For example,National Geographic would like to come to the city and
try to film the manatees in the lakes. Ultimately, he would like to invite the companies
into the city to generate revenue. He stated that similar legislation has failed because film
companies have been invasive of citizens when filming. His intent is not to bring that
type of film to the city, but this is not the only company that has interest in filming in the
city. There are companies that are interested in doing commercials, music videos and
historic documentaries.
Vice Mayor Kelley asked if his intent is to have companies come in and portray the city
in a positive light. However, he asked how he intends on excluding the companies that
will portray the city poorly. He suggested the resolution be amended and a policy be
developed by the Manager, but not yet implemented until it comes back before the
Commission. He said that it is currently set up in a manner where the policy would be
developed after the resolution is passed. There is no mechanism in the resolution where
it can be presented before the Commission once developed and approved prior to
implementation.
Attorney Geller stated that the resolution as written states "and to present the policy to
the City Commission for review and approval" at the end of section 2. He stated that with
the controversy, he understands that the City Commission wants to be directly involved
in whatever decision is to be made.
Vice Mayor Kelley asked if it would require the Manager to seek assistance in
developing a policy.
Attorney Geller replied that the Manager could attempt to compose a policy that satisfies
the Commission.
Manager Baker stated that he would survey the policies of local cities and identify which
one closely mirrors the policy he is trying to develop. He will use the borrowed policy as
a draft and present it before the Commission. If there is anything the Commission does
not like about the policy, it can be removed. The policy will be reviewed, corrected then
ruled upon.
Regular Commission Meeting Minutes—04/24/2013 20
Commissioner Holmes said that the last film that was done in Opa-locka portrayed the
City in a negative manner. Legislation was then passed to prohibit that type of film being
done in the city. He believed there is already legislation on the books regarding the issue.
Mayor Taylor asked where it states that the policy will come back for Commission
approval.
Attorney Geller directed Mayor Taylor to the bottom of section 2.
There being no further discussion, the motion is passed by a 5-0 vote.
Vice Mayor Kelley Yes
Commissioner Johnson Yes
Commissioner Santiago Yes
Commissioner Holmes Yes
Mayor Taylor Yes
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 CITY ORDINANCE 86-8, THE LAND
DEVELOPMENT CODE, TO INCLUDE PLACES OF RELIGIOUS ASSEMBLY AS A
PERMITTED USE IN THE LIMITED INDUSTRIAL I-1 DISTRICT AS A SPECIAL
EXCEPTION; PROVIDING FOR INCORPORATION OF RECITALS; 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, (Mayor Taylor relinquished the gavel to
Commissioner Holmes) seconded by Mayor Taylor to pass the above ordinance.
Vice Mayor Kelley asked if the uses would be conditional.
Howard Brown, Community Development Director, 780 Fisherman Ave. Opa-locka, FL,
came forward and responded to Vice Mayor Kelly's question by saying yes it will be
special exceptions which is the term used for conditional uses.
Regular Commission Meeting Minutes—04/24/2013 21
Vice Mayor Kelley asked if they have to return every two years.
Mr. Brown replied no, because they are conditions. The conditions are that plain review
is required, there is a floor area of 1,000sq, and they must comply with regulations of the
city.
Vice Mayor Kelley asked if it will be an annual inspection as opposed to every two years.
Manager Baker replied that the information will be reviewed annually. Before a license is
issued they do not pay a fee, but a license is issued so they can be inspected every year.
Vice Mayor Kelley stated that normally with conditional uses they have to come back
and be reviewed. He asked if the previous legislation regarding the matter has changed.
Mr. Brown replied that it has not changed.
Vice Mayor Kelley went on to clarify the terms of the resolution.
Mr. Brown confirmed that he was correct.
Vice Mayor Kelley asked if it would be presented before the Commission every two
years.
Mr. Brown stated that the Commission can impose a condition that conditional uses be
brought back before the Commission every two years. He stated that there used to be an
ordinance on the books that required conditional uses come back before the commission
every two years, but that ordinance was eliminated in 2001.
Vice Mayor Kelley asked if the surrounding businesses had to sign off on it.
Mr. Brown responded no, the site plan will be approved by the City Commission. Notices
would be sent out to adjacent property owners and they would attend the public hearing.
Vice Mayor Kelley confirmed that the property owners would be notified in advance.
Mr. Brown replied that he was correct.
Vice Mayor Kelly asked how the item impacts some of the other ordinances passed by
the Commission last year as it relates to some of the development that is proposed.
Mr. Brown replied that type of examination has not been done yet. So far, they have
reviewed I-l. There are not many I-1 within the city, but there are many I-3. Churches are
permitted in about 5 zoning districts, most of which are residential. They are under
conditional use.
Vice Mayor Kelley asked if there is already precedent set with conditional use for two
years.
Regular Commission Meeting Minutes—04/24/2013 22
Mr. Brown replied that they did not look at the precedent in that it was eliminated in
2001.
Vice Mayor Kelley asked if the site plan meets parking code requirements.
Mr. Brown stated that city parking requirements would have to be met.
Vice Mayor Kelley stated that parking is usually a challenge in the type of zones being
discussed. He assumes that there will be an agreement to be worked out.
Mr. Brown responded that he is correct. All details including parking will be part of the
site plan approval process. Adequate street parking would be a requirement within the
site plan.
Vice Mayor Kelley asked if he has reviewed how some of the development that was
proposed and has been passed within the last year has impacted the community.
Mr. Brown replied that it has not been reviewed because this will take place in the
industrial areas. Most things that were done in the past few years have been done in the
Town Center, City Center, Magnolia North and the TOD. The industrial areas have yet to
be exhibited.
Vice Mayor Kelley said he has his reservations regarding the matter. He is a pastor so he
is in favor of churches, however, he knows of churches that are located in warehouse
districts in other cities and parking is always a challenge.
Commissioner Johnson said similar documentation was presented before the Commission
in 2006 and it was denied. The concern was about parking and not about the quality of
the church service. She asked what makes this ordinance different from the previous
ordinance in 2006.
Mr. Brown replied that in the minutes from the 2006 council meetings, it appears that
representatives of the church came forward and tried to get a church establishment in a
commercial warehouse. However, that is not possible because churches are not allowed
in industrial areas.
Commission Johnson said that though it is not allowed, churches are still being conducted
in industrial areas.
Mr. Brown said that it is a matter for Code Enforcement.
Commission Holmes referred to legislation stating that there will be no churches place in
industrial areas. He stated that such legislation is on the books.
Mr. Brown stated that he is uncertain.
Commissioner Santiago asked about the difference between the industrial areas and
commercial areas. He said that a church most definitely cannot establish within the
Regular Commission Meeting Minutes—04/24/2013 23
ranges of a junk yard, however, commercial areas are not the same. Warehouses are
different in that they are used for storage for commercial business, they are not
considered industrial. He believes warehouses can be used to conduct religious services.
Commissioner Johnson said that she is referring to the existing churches in I-1, whether it
is to be commercial or industrial. She asked about the development of these churches
without the knowledge of the Commission.
Commissioner Johnson asked about the classification of the warehouse which ranges
from 37th Ave. to 57th Ave.
Mr. Brown replied that where they are is considered I-3
He answered Commissioner Santiago's question in stating the commercial zoning district
is an area that is typically used for retail and certain service uses such as grocery stores,
delis and restaurants. Industrial areas are used for storage, warehouse, wholesale and
similar uses.
Commissioner Santiago said that he associates industrial areas as places with factories
and construction companies that using chemicals or materials.
Mr. Brown agrees that those are characteristics of an industrial area.
Commissioner Johnson said the I-1 that is currently being reviewed is not zoned for
churches. She confirms that the Commission is being asked to reconsider those zones for
churches.
Mr. Brown said that is correct.
Commissioner Johnson went on to clarify that they are requesting a special condition
which does not have to return before the Commission for approval.
Mr. Brown corrected her in stating that it will be returned before the Commission for
approval. The Commission has to approve each of the churches.
Commissioner Johnson informed him that his checklist does not indicate that. She
requested for it to be added to the checklist.
Attorney Geller stated that as it is written, the Commission is required to approve the site
plan because that is the process, but nothing else. If the ordinance is approved, it does not
mean the churches will be established automatically. A site plan for each individual
church must be approved. Once the Commission has approved the site plan one time, it
does not come back in front of the City Commission. There would only be an annual
inspection by staff to make sure the space complies with city codes and regulations. The
ordinance does not call for it to come back in front of the Commission after the site plan
approval.
Regular Commission Meeting Minutes—04/24/2013 24
Commissioner Johnson said that the Commission wanted it to be included for the special
conditions because it is not in the checklist. She cannot add it to the checklist because it is
staff recommendation,but it can be included in the legislation.
Attorney Geller stated that the item can be amended to reflect her request.
Commissioner Johnson asked Attorney Geller to amend the legislation to reflect that
special conditions must be brought back before the Commission. She said she is directing
the City Manager on the legislation to make sure that special condition is a part of the
package.
Attorney Geller asked how often it must be returned for approval.
Manager Baker suggested that the every two year conditional use provision that was
previously used be implemented as a condition in the proposed ordinance.
Vice Mayor Kelley said that if there is legislation that says differently, then he would
need a copy of it. He is concerned that a business owner said there are about four
churches there now. The business owners are not against church, but they are concerned
with that occurring. The proliferation of churches will overtake the businesses that were
already there. He said that there are some areas where it is not an issue because there is
no interruption. The existing businesses are at risk of being put out due to the increase of
churches in the area.
Mayor Taylor suggested that the item be put off to second reading to allow business
owners the opportunity to come in or it can be taken off. She asked Attorney Geller when
it can be bought back if taken off.
Attorney Geller said since it is first reading it can come back whenever it is ready to be
resubmitted.
Mayor Taylor said that she supports the item because she is familiar with the type
churches. Large churches are not the type of churches going into the warehouses. They
have to have a home especially if church meetings are only held once a week. During the
week church meetings are usually held at night when businesses are closed and parking is
available. The churches do not have many members so parking should not be an issue. At
the Regional Planning council she attended she learned that the city has 1 bank and 39
pond shops and check cashing stores. She said all they want is a space so they should be
granted that. The churches that are already established in warehouses are there because
the property owner/landlord allowed them to be there. She requested that I-1 and 1-2 be
included in the resolution.
Attorney Geller told her that she has the right to amend the item.
Mayor Taylor said she would like to bring special conditions back before the
Commission. She went on to say if the city can make way for pond shops and liquor
stores, then the city can make way for the house of God.
Regular Commission Meeting Minutes—04/24/2013 25
Commissioner Holmes said there are more liquor stores in the community than churches
because the liquor stores bring in revenue.
Vice Mayor Kelley clarified that even if an owner of a warehouse lets somebody in if it
does not meet the compliance they still should not be there. He is in favor of the I-1, but
not the I-3.
Mayor Taylor requested a detailed definition of I-1, I-2 and I-3.
The item was deferred until the next Commission meeting.
Commissioner Holmes returned the gavel to Mayor Taylor.
2. AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO ESTABLISH A ZONING BOARD OF
APPEALS ON AN INTERIM BASIS; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M T
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above ordinance.
Vice Mayor Kelley stated that he understands the intent, but he will not serve as a zoning
board member until the Commission passes it. He said it sends the wrong message.
Though there is a need for it, he will not support it. If it passes he will not sit as a zoning
board member because it sets a bad precedent even though it is temporary.
Mayor Taylor asked if the committee can take it over.
Attorney Geller replied no, the committee is only to provide recommendations and if the
legislation has to be done it has to be presented before the Commission. In being
presented before the Commission it would be adopted on a permanent basis. It will take
at least two readings and advertising.
Mayor Taylor asked is the wait for appeals is backed up.
Attorney Geller replied there are at least four or five applicants who are requesting simple
variances.
Mayor Taylor asked how quickly it can start.
Attorney Geller replied that if it passes it will be included in the next meeting. It would
go under item 17 Planning and Zoning: hearings. They would be on the agenda for the
next meeting.
Mayor Taylor asked if it can be done separately from the Regular Commission Meeting.
Regular Commission Meeting Minutes—04/24/2013 26
Attorney Geller responded yes, she can call a special meeting to consider all the items.
There being no further discussion, the motion is passed by a 3-2 vote.
Commissioner Santiago Yes
Commissioner Holmes Yes
Vice Mayor Kelley No
Commissioner Johnson No
Mayor Taylor Yes
B. SECOND READING ORDINANCES/PUBLIC HEARING: deferred
1. 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 until the next Commission meeting.
2. 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 until the next Commission meeting.
3. 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 until the next Commission meeting.
4. 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 1-2 TO I-2A; PROVIDING FOR INCORPORATION OF
Regular Commission Meeting Minutes—04/24/2013 27
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 until the next Commission meeting.
C. RESOLUTIONS/PUBLIC HEARING:
19. ADMINISTRATION:
CONSENT AGENDA:
Items listed under the Consent Agenda are viewed to be routine and the recommendation will be enacted
by one motion in the form listed below. If discussion is desired, the item(s) will be removed from the
Consent Agenda and will be considered separately.All Consent Agenda Resolutions will be read by title.
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
FIVE YEAR LEASE WITH SUNGARD PUBLIC SECTOR TO UPGRADE THE
CITY'S ERP SOFTWARE SYSTEM (FINANCIAL AND COMMUNITY PLUS) TO A
CLOUD BASED SERVICE, ALLOWING FOR ONLINE BILL PAY AND
ENHANCED FEATURES AT A ONE-TIME COST OF $22,825.00, WITH AN
ANNUAL ACCESS FEE OF $48,300.00, PAYABLE FROM ACCOUNTS 14-512646
AND 14-512528, BUDGETED ITEMS; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
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 ALLSAFE POOL COVERS FOR HARD POOL COVER, FOR
SHERBONDY PARK, IN AN AMOUNT NOT TO EXCEED $7,210.00, PAYABLE
FROM ACCOUNT NUMBER 72-572461, A BUDGETED ITEM; 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, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A
FIVE YEAR AGREEMENT WITH XEROX CORPORATION, PIGGYBACKING ON
THE MARION COUNTY SCHOOL BOARD CONTRACT (CONTRACT NO.
072593200), FOR THREE (3) XEROX WORKCENTRE 7775 FOR THE CITY CLERK
OFFICE, PUBLIC WORKS, AND COMMUNITY DEVELOPMENT DEPARTMENTS,
AT A MONTHLY PAYMENT OF $889.91 PER MONTH, PAYABLE AS A
BUDGETED ITEM, FROM ACCOUNT NUMBER 16-512440, 32-541440, AND 37-
515440; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by C.M.
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO RECOGNIZE MAY 2, 2013 AS NATIONAL DAY OF
PRAYER WITHIN THE CITY OF OPA-LOCKA; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by J.K.
Regular Commission Meeting Minutes—04/24/2013 28
11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA —
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXPLORE AND
EXAMINE WAYS TO ENHANCE OPA-LOCKA AS A SOCIAL AND CULTURAL
HUB BY PROVIDING ADDITIONAL ENTERTAINMENT OPTIONS FOR THE
CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by L.S.
The above resolutions were read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass
items 1, 2, 5, 7, and 11 of the consent agenda.
The motion passed by a vote 5-0 vote.
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Johnson Yes
Commissioner Santiago Yes
Mayor Taylor Yes
A. CITY MANAGER'S REPORT:
Manager Baker reported on the enforcement of the Saggy Pants ordinance; there were 96
citations given. The citations resulted in court hearings with the Magistrate and
community service.
He said he has been in contact with community compact, an organization in Washington,
DC that can be useful in challenging the city population. In the most recent census the
city came in around 15,000, but the response rate was around the 60th percentile which
means that there are additional citizens that are unaccounted for. Community Compact
comes in and reviews the data and put together a position paper that permits the city to
challenge the population count in order to get it increased. This is important in regards to
receiving funding from federal and state funding and it is based on the size of the
population. Increasing the number of the population will result in additional funding.
He reported that the 37th Avenue city entrance sign is scheduled to be put in place by
mid-May. A contract has been developed to implement the pilot city-wide car wash. A
business meeting was scheduled for the following day to provide a proposal of the plan
providing it is approved. The program may begin in less than a week. Staffing from the
South Florida Work Force will be utilized to assist with executing the plan. He has
received the M.O.0 and will present it in the next Commission meeting for final approval
and adoption.
He stated that they are on their second billing program with the AMR program. In two
weeks all the meters should be upgraded. There will be one more billing cycle before the
program is up and running. Manager Baker reported that jobs program and sidewalks
improvement is going very well. They are currently in week 10. They have already made
Regular Commission Meeting Minutes—04/24/2013 29
remarkable improvements throughout the city in terms of eliminating hazardous
conditions.
He said the contract with town center is close to being finalized. There was a meeting this
morning with hopes of bringing the contract to the meeting, but it is not yet finished. He
said he expects it to be finalized within the next few days and he will call for a special
meeting upon its completion.
Manager Baker stated that he has received a report from the Florida legislative updates
and there are several projects on the agenda. One of the projects has already gone to the
Senate. There are four other projects that are still in the house. He hopes to get
finalization on the projects in the coming week.
He said the city is moving forward with the Rutland Street improvement project. A
portion of the project is 95% complete. The city has gotten the final approval from
Miami-Dade County for the 143 Street roundabouts. Providing the city received proper
clearance from the school, they will move forward with it. The asphalt is being put in on
Burlington Street and so far major results have come about. He has received a
preliminary report from the engineer regarding the conditions on the historical City hall
that were of concern. He reported that the structure issues that were of concern are in
good shape. They will produce a final position in July. A final report will be given along
with a plan on the future usage of the facility.
He reported that the Helen Miller Center is scheduled for demolition. The proper
fumigating will be conducted to insure that nothing comes out of the building and into the
community once it comes down. The contractor is scheduled to make that happen
relatively quickly.
He said the notice to proceed on pump station 10 has been issued. They are now
proceeding with the design of it. In the coming weeks he hopes to have the items ready
for construction.
Commissioner Santiago reminded the City Manager of two items that are neglected in his
report. The city is doing a great job on Burlington Street, but the city forgot about the
other side of Rutland Street. The project has only been half way completed. He asked,
how soon can the other side of the project be completed? He also mentioned when it rains
businesses must shut their doors in order to prevent the rain from entering. The business
owners are starting to complain and threatening to sue the city because no attention is
being paid to the flooding in the area. He asked the City Manager to take note of that and
work toward a solution.
Commissioner Holmes requested for an update on City Hall.
Manager Baker replied that they are close to finalizing the contract on the purchase of
City Hall. He stated that before the end of the week he will have the finalized contract.
Regular Commission Meeting Minutes—04/24/2013 30
Commissioner Holmes mentioned that the rails at the railroad crossing are coming down
when there is no train coming. He requested that the manager have those who manage the
railroad look into the matter.
Manager Baker replied yes,he will have them do so.
Commissioner Holmes said he received another report from the police department
indicating that there was another growth house in the city that was busted this month. He
also mentioned that he received a letter that Corporal Lawrence Holborrow he has been
invited to the White House next month.
Commissioner Johnson stated that the City Manager is doing a great job on the bust
chapter. She said that she would like for him to check on a transaction on February 18,
2013 of$150,000 that was wired to Wells Fargo account ending in 5099. She said she
does not see it on the revenue audit trail. She requested the City Manager to show her his
findings before noon of the following day. She said that she is waiting for the mileage on
the car allowance which she has yet to receive.
Vice Mayor Kelley said he understood that pavement was suppose to go all the way to
the end of Rutland Street along with new grass and there should have been some money
left to pay for the work.
Manager Baker responded that he is in favor of extending the work on Rutland Street to
22nd Avenue. There was only a limited amount of funds which has been stretched to
cover the work done so far. He stated he will review the amount of money left over that
can be used to do additional work.
He said he would like to look at some aprons. The challenge was that the funding was
tight. He has requested some numbers be brought before the Commission with some
possible recommendations.
Vice Mayor Kelley said according to his recollection the funding only went up half, but it
was going to have a top coat and do some siding in order to have an improved
appearance. He went on to say in his report on the jobs program there was no update on
the amount of people that have been hired. He also stated that in reporting that the car
wash will be employing applicants from the Work Force, he should indicate that
applicants who are being hired through that process are city residents. He said that he is
waiting on a report on the number of city residents that are being hired.
Manager Baker said so far three city residents have been hired. The number is going in
the right direction, but it is not increasing fast enough. In a discussion that took place
earlier, it was reported that there is a limitation to the amount of laborers needed on the
sight. He will continue to make efforts to increase the number of inner-city hires.
Vice Mayor Kelley requested an update on the bond issue. He asked if the matter is still
at the discussion stage.
Manager Baker replied no. The matter will come forward at the next meeting.
Regular Commission Meeting Minutes—04/24/2013 31
Vice Mayor Kelley said he is not happy that only three city residents were hired.There
should be more city citizens hired for jobs.
He has heard complaints from citizens regarding renting Sherbondy Village. Citizens are
being told that it is always booked. They have not received a response to their inquiries.
Vice Mayor Kelley said the City Manager mentioned M.O.U's for a couple of groups. He
asked if they have come before the Commission.
Manager Baker stated that he was made aware that the two operations were in place. He
suggested developing a policy on the usage if one does not yet exist.
Vice Mayor Kelley said that if the City Manager did not approve the M.O.0 it should not
be approved for use. He suggested creating legislation indicating that whomever is going
to have M.O.U's should have permanent continuous usage. He asked about the status of
some type of policy regarding the matter.
Manager Baker said that he will work on it.
Vice Mayor Kelley told him not to create anymore M.O.U's before the legislation comes
before the Commission.
Vice Mayor Kelley proposed a resolution that directs the City Manager in the interim to
have staff cut the medians and alleys even if it means working weekends. He also
mentioned hiring candidates from the Work Force that fit the criteria.
Mayor Taylor mentioned the need for equipment.
Vice Mayor Kelley said equipment is being rented for other staff. He said equipment can
in the same sense be rented for landscapers.
Mayor Taylor said though she is in favor of jobs, liability must also be taken into
consideration. Not only would the city have to purchase equipment, but the equipment
would have to be suitable for cutting alleys not just lawn mowers. She said that he can
make the resolution if he wishes to do so, but she does have concerns about letting
amateurs cut alleys.
Vice Mayor Kelley stated that amateurs can be taught how to use the equipment. There is
staff that can train new hires on how to use the equipment. He is not in favor of the
resolution to spend the money on external contractors. It will be less expensive to have
laborers from the city do the work.
Mayor Taylor asked if the equipment would be rented.
Vice Mayor Kelley replied yes.
Manager Baker requested time for him to come up with a plan to address the matter.
Regular Commission Meeting Minutes—04/24/2013 32
Vice Mayor Kelley said he just want to make sure city residents are being hired. It is
okay for staff to be used for alleys that are overgrown. He said he does not want to bring
in external vendors or contractors. The job can temporarily be done by Public Works.
Attorney Geller suggested that the resolution state that the City Commission directs the
City Manager to continue cutting medians and to arrange for the cutting of alleys on a
temporary basis with existing staff and such additional equipment the Manager may need
to procure and while that is ongoing the Manager develops a plan to address those issues
on a long term basis using employees to be hired through the Work Force program.
Vice Mayor Kelley said the City Manager can hire city residents to cut grass under his
current plan. He wants the City Manager to be directed to use staff temporarily and hire
work force employees to do the work on a long term basis. He reiterated that he does not
want external entities to do the work.
Attorney Geller said the first part of his suggested resolution would allow the immediate
cutting of the medians and alleys to continue. The second part can be brought back to the
following meeting or the City Manager can be authorized to hire Work Force people as
soon as he can put a plan in place to do so.
Vice Mayor Kelley said he will leave the matter up to the discretion of the City Manager.
Attorney Geller suggested applicable language for the resolution in reciting:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO AUTHORIZE THE CITY MANAGER TO CONTINUE CUTTING THE
CITY'S MEDIANS AND TO ARRANGE FOR CUTTING THE CITY'S ALLEY
WAYS USING EXISTING STAFF AND AUTHORIZING HIM TO PROCURE
ADDITIONAL NECESSARY EQUIPMENT TO DO SO AND FURTHER
AUTHORIZING THE CITY MANAGER TO IMMEDIATELY BEGIN A PROGRAM
OF HIRING ADDITIONAL CITY RESIDENTS THROUGH THE WORK FORCE
PROGRAM TO ASSIST IN THOSE ONGOING EFFORTS.
Vice Mayor Kelley said he is in agreement with the language for the resolution suggested
by the City Attorney.
It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to pass the
resolution.
The motion passed by a 5-0 vote.
Vice Mayor Kelley Yes
Commissioner Johnson Yes
Commissioner Santiago Yes
Commissioner Holmes Yes
Mayor Taylor Yes
Regular Commission Meeting Minutes—04/24/2013 3 3
B. ACCOUNTS PAYABLE:
20. OFFICIAL BOARD REPORTS:
21. CITY ATTORNEY'S REPORT:
Attorney Geller stated that he submitted a written report.
Commissioner Johnson requested that the City Attorney provide the progress on the
educational compact.
22. CITY CLERK'S REPORT:
Clerk Flores reported that Miami-Dade County has called for a special election on May
14, 2013 and early voting will take place on April 29, 2013-May 12, 2013 at various
locations throughout Miami-Dade County. The official sample ballot will be available in
the City Clerk's office and online. She said that a committee meeting is scheduled to
discuss and make recommendations for the reestablishment of the city boards on April
29, 2013 on the second floor.
Commissioner Johnson asked if the training on Monday will be the final application.
Clerk Flores said she submitted the final draft of the board application and she did not
receive any additional changes to it. Recommendations will be made to the Commission
as the committee move forth with reestablishing the City Boards.
Vice Mayor Kelley said to make sure to post a notice.
Clerk Flores said she and the attorney have discussed the matter and a notice will be
posted.
23. MAYOR/COMMISSION REPORT:
Commissioner Santiago urged the citizens to come to Community Bingo on April 26,
2013 at 6:00 p.m.
Commissioner Johnson said the City Manager needs to be cautious of the increase of
salaries. She also mentioned the No Family Left Behind and the need for volunteers to
help kids with literacy.
Vice Mayor Kelley thanked the City Manager's office, staff, the OLPD and the Chief of
Police for attending several of the Crime Watch meetings in the city. He mentioned that
the adult basketball league is coming down to the final stages and the championship game
is scheduled for April 26, 2013.
He reported that the fishing trip with the seniors was successful. He will continue to work
to find funding for summer jobs for the youth. He further reported his attendance at the
Regular Commission Meeting Minutes—04/24/2013 34
Relay for Life and the Clergy Meeting. Additionally, he is working with the Miami-Dade
Anti-Gang Coalition to bring a re-entry fair to the city to assist ex-offenders.
He further invited the public to attend the National Day of Prayer activities on May 2,
2013.
Mayor Taylor said that she and Vice Mayor Kelley attended the South Florida Regional
Planning Council meeting and they are working on collecting data in order to plan for the
city. She reminded the public that the City of Opa-locka will be hosting the monthly
Miami-Dade County League of Cities meeting on May 2, 2013.
24. OFFICIAL BOARD APPOINTMENTS:
25. ADJOURNMENT:
There being no further business to come before the Commission, it was moved by
Commissioner Holmes, seconded by Commissioner Santiago to adjourn the meeting at
11:00 p.m.
MAYOR
ATTEST:
CITY CLERK
Regular Commission Meeting Minutes—04/24/2013 35