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04- 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