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07- July 24, 2013 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING July 24, 2013 7:00 P.M. Opa-locka Municipal Complex 780 Fisherman Street, 2nd Floor Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:10 p.m. on Wednesday, July 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: Commissioner Dorothy Johnson, Commissioner Timothy Holmes, Commissioner Luis B. Santiago, Vice Mayor Joseph L. Kelley, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Joseph S. Geller, and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. APPROVAL OF AGENDA: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 19-7 (Mayor Taylor); 19-1, 19-2, 19-3, 19-4, 19-5, 19-10, 19-11, and 19-12 (Commissioner Johnson). Attorney Geller advised the City Commission that the City Clerk has distributed amended resolutions for items 19-8 and 19-10. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes—07/24/2013 1 Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes Request to amend the agenda to include the following items: 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DEVELOP A PLAN AND MAKE RECOMMENDATION TO KEEP THE OPA-LOCKA BRANCH LIBRARY OPEN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend the agenda to include item 16-1. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HOMELAND PATROL CORPORATION TO PIGGY BACK ON AN EXISTING CONTRACT BETWEEN HIALEAH HOUSING AUTHORITY BID NUMBER 01-NC-23-13 AND HOMELAND PATROL CORPORATION FOR SECURITY SERVICES AT SHERBONDY PARK COMMUNITY CENTER AT A RATE NOT EXCEEDING $11.70 PER HOUR PAYABLE FROM ACCOUNT NUMBER 72-572340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend the agenda to include item 16-2. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Commissioner Holmes Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Regular Commission Meeting Minutes—07/24/2013 2 Mayor Taylor along with the City Commission dedicated the evening to the memory and life of Mother Irma Skiles. The City Commission gave reflections of Mother Irma Skiles life. On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities Mayor Taylor presented the basic IEMO certificate of completion to Commissioner Luis B. Santiago. 8. APPROVAL OF MINUTES: Special Commission Meeting—06/25/2013 It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve the minutes of the Special Commission Meeting of June 25, 2013. There being no discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Special Commission Meeting—07/02/2013 It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve the minutes of the Special Commission Meeting of July 02, 2013. There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes Regular Commission Meeting—07/10/2013 It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve the minutes of the Regular Commission Meeting of July 10, 2013. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes Regular Commission Meeting Minutes—07/24/2013 3 9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Jordan's Office (District 1) came forward and said on behalf of Commissioner Jordan he is happy to be of assistance to the City of Opa-locka. Vice Mayor Kelley said the city is aware of the challenge that has occurred with the proposed budget for Miami-Dade County regarding the Library and he would like for the City Manager to work with Commissioner Jordan's office to provide recommendations in moving forward. Commissioner Johnson said she received a few telephone calls from citizens regarding pest controls in trees. She said residents should have been notified prior to make them aware. Commissioner Holmes requested a list of all assistance provided to citizens by Miami- Dade County District 1. Jason Smith, of Miami-Dade County Commissioner Monestime's office(District 2) came before the City Commission and informed them that Commissioner Monestime's office is available to assist the city. Commissioner Holmes requested a list of all assistance provided to citizens by Miami- Dade County District 2. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: 14. PUBLIC PRESENTATION: 1. Opa-locka Community Development Corp. re: Magnolia North Update Dr. Willie Logan, 490 Opa-locka Boulevard, Opa-locka, FL came forward and provided a report regarding the Magnolia North development. They have done a lot for from a peoples perspective, FIU Medical School, Social Worker Department, Health School and Legal School have provided 15 families case study work and today they were informed that they will receive a grant from the Children's Trust to provide services for an additional 150 families in Opa-locka. He further said three projects have been completed thus far and they all include nice amenities both, internal and external. Regular Commission Meeting Minutes—07/24/2013 4 In addition, Dr. Logan mentioned that the Opa-locka CDC has an initiative titled "Made In Opa-locka" and its created of eight micro enterprise businesses in the area with residents by purchasing abandoned foreclosed buildings to help make mixed use businesses. Dr. Logan said the Opa-locka CDC is working with the city to develop the Kaboom park. The design date is August 15th and at that time the community will have an opportunity to voice their concerns and the construction will begin on October 18th 2. The Opa-locka Women's Initiative re: Magnolia North Update Sandra Gibson, 2234 NW 135th Street, Opa-locka, FL came forward on behalf of the Opa-locka Women's Initiative which is founded by Mayor Myra L. Taylor. Their initiative was established from the Women's Summit that has held in March. The initiative is moving fast with 50 members. Mrs. Gibson further invited Commissioner Dorothy Johnson to serve as an honorary member. 14a. CITIZENS' FORUM: 1. Attorney Robert Holland of 5955 NE 4th Court, Miami, Florida, appeared before the City Commission and voiced his concerns regarding the annexation applications A and B. He said the annexation pose a tremendous problem to the north central Mack that has looked at the property for many years as part of their tax base to survive if they choose to incorporate as a city. 15. ACTION ITEMS (items from consent agenda pull list): (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NINE MONTH AGREEMENT, IN THE AMOUNT OF $35,000 ANNUALLY WITH BECKER & POLIAKOFF, P.A., FOR STATE LOBBYING SERVICES FROM JANUARY 1, 2013 UNTIL SEPTEMBER 30, 2013, AND THEREAFTER, TO NEGOTIATE AND EXECUTE THREE YEAR AGREEMENT FOR FEDERAL AND STATE LOBBYING SERVICES, IN THE AMOUNT OF $75,000 PER YEAR, BEGINNING OCTOBER 1, 2013, THROUGH SEPTEMBER 30, 2016, PAYABLE FROM ACCOUNT NUMBER 19-519312, A BUDGETED ITEM; 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 above resolution. Regular Commission Meeting Minutes—07/24/2013 5 Commissioner Johnson said she is supportive of Becker & Poliakoff, however legislation was passed in 2009 that the city's MOU's and agreements should have a one year term, however this legislation is asking for three years. Commissioner Johnson asked is there a reason previous legislation was avoided. Manager Baker replied, no. He said he started a new effort to bring funding into the city which required a much more comprehensive effort than what the city have had in the past, meaning establishing relationships both at the state and federal level that covers multiple years. He further said commitments have been made to help the city in the future and as a result of that he feels it is necessary for a longer term partnership with the lobbyist. Commissioner Johnson said the city had a relationship with Becker & Poliakoff prior to Mr. Baker being the City Manager. She further said she is in support of an extension, but she is not in support of avoiding legislation. Manager Baker said if it's the sentiment of the City Commission to approve an annual contract then he will go that route, he was just trying to establish a long term program. Commissioner Johnson said she would like the City Manager to bring back a year to year contract. Commissioner Holmes said resolutions are only good for one year, so they are up for review after one year. Commissioner Santiago echoed the same concerns as Commissioner Johnson. He said in three years a lot of things can change. He would like the resolution to be amended for a one year contract. Although the contract is three years, Vice Mayor Kelley asked for an amendment that the contract must come back before the City Commission for approval every year. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to amend the resolution including the following language at the end of the whereas clause "subject to annual renewal by the City Commission" and the same language should be added in section 2 after the date. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—07/24/2013 6 There being no discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SOUTH FLORIDA WORK FORCE ("SFWF"), TO IMPLEMENT THEIR EMPLOYED WORKER TRAINING PROGRAM ("EWT"); 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 above resolution. Commissioner Johnson said the type of training is not outlined and she think the item needs to be deferred to include additional language. Manager Baker asked for permission to move forward on the item. The program is for full time employees and it is being funded from South Florida Workforce. Commissioner Holmes said he respects the decision of the City Manager and the Human Resources Department to do what is necessary to get the job done, therefore he would like to move forth on the item. To the sponsor of the legislation, Commissioner Johnson asked for a friendly amendment to describe what the employees would be receiving. Commissioner Johnson further said the program may not have a cost, but if employees are attending the training it would be a cost to the city. Vice Mayor Kelley said an application manual is included in the agenda packet. He asked is it current? Manager Baker said that is what was made available to the city, but he can certainly check to see if it is updated. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to amend the resolution including the following language at the end of section 2 "subject to a detailed explanation from the City Manager as to the requirements of the program". There being no further discussion, the motion on the amendment passed by a 5-0 vote. Regular Commission Meeting Minutes—07/24/2013 7 Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATION ("RFQ") FOR A QUALIFIED CONSULTANT, TO PROVIDE EVENT PLANNER SERVICES FOR THE CITY, PAYABLE FROM ACCOUNT NUMBER 19-519312, NOT A BUDGETED ITEM; 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 above resolution. Commissioner Johnson said July 25, 2005 the city had to pay Two Hundred Thousand Dollars for the Arabian Nights Festival. The city needs a signature event; however she has some concerns because of the city's current budget. She further said she would like the legislation to approve a discovery, not an RFQ at this time. Mayor Taylor said she is aware of the legislation Commissioner Johnson made reference to and that is the reason she asked for an event planner. Commissioner Holmes said it is already clear that the city will not do the same thing that was done in 2005 regarding the Arabian Nights Festival. Vice Mayor Kelley and RFQ is only to seek qualified companies for a job. The only cost the city will occur is for the RFQ. He further said since the item is not budgeted, he suggested that the sponsor include a comfortable amount to spend on the RFQ. Vice Mayor Kelley asked, how much does the city normally pay for an RFQ? Regular Commission Meeting Minutes—07/24/2013 8 Clerk Flores said taking into consideration the size of an advertisement, the average cost to advertise an RFQ/RFP in all zones of the Miami Herald is $900.00. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to amend the resolution including the following language at the end of section 2 "payable from account number 19-519312 in an amount not to exceed $1,500.00". There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO TRADE (SWAP) PROPERTIES LOCATED AT JAMES AND WASHINGTON STREETS ALSO KNOWN AS THE "WASHINGTON STREET TOT LOTS", FOLIO NO.S 08-2122- 003-1580, 08-2122-003-1670, AND 08-2122-003-1690, IN EXCHANGE FOR PROPERTY LOCATED AT 2081 LINCOLN AVENUE, FOLIO NO. 08-2122-003- 0350, CURRENTLY OWNED BY MIAMI-DADE COUNTY HABITAT FOR HUMANITY; 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 above resolution. Commissioner Johnson said she had an opportunity to speak to the Opa-locka CDC and she know the intent is to have additional parking space, but her heartburn is that everything needs to be documented. The correspondence included in the agenda gives her the appearance that Habitat for Humanity is in agreement to swap the property, however she does not see any written correspondence from Habitat for Humanity alluding to that in writing. She further said the written correspondence from staff never alluded that this was going to be used for parking. Regular Commission Meeting Minutes—07/24/2013 9 Manager Baker said a letter was included in the agenda package addressed to Commissioner Barbara Jordan from Habitat for Humanity apologizing for them pulling out of doing the redevelopment initiative in the Magnolia North area. Howard Brown, Community Development Director appeared before the City Commission and said the item is to swap city owned property with Habitat for Humanity. Commissioner Johnson asked Mr. Brown is it her understanding that the land have not been transferred to Habitat for Humanity? Mr. Brown replied, yes. Commissioner Johnson asked, was the property transferred from Miami-Dade County to Habitat for Humanity a few years ago? Mr. Brown said the property is currently owned by Habitat for Humanity and the property is in the process of being conveyed back to Miami-Dade County. Dr. Willie Logan appeared before the City Commission and said the property was transferred to Habitat for Humanity three years ago and they are currently the owner of the property. In addition a copy of a letter dated May 30, 2013 from Habitat for Humanity is in the Commission Agenda that briefly reads the Board of Directors have given instructions for them to take the necessary steps to return the parcels to Miami-Dade County. Mr. Logan said the process has not legally happened that's why they have to swap with Habitat for Humanity, not Miami-Dade County. Commissioner Johnson said she worked with the city's previous City Attorney when this process first began and looking in the agenda packet it is clearly spelled out that the city would charge for the land and the money will go to the police department. She further said the process needs to be done the right way and the correct way is to have the land transferred. Vice Mayor Kelley asked the City Attorney where does the city stand from a legal stand point? Attorney Geller said the resolution is to authorize and it does not affect the transfer. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson No Mayor Taylor Yes Regular Commission Meeting Minutes—07/24/2013 10 (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), FOR A QUALIFIED DESIGN BUILD CONTRACTOR FOR THE GATEWAY ROUNDABOUT AT THE INTERSECTION OF NW 27TH AVENUE AND OPA-LOCKA BLVD, PAYABLE FROM PTP FUND, ACCOUNT NUMBER 47-541807, NOT A BUDGETED ITEM; 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 above resolution. Commissioner Johnson asked for clarity because the legislation stats that the item is not budgeted,but an account number is provided. Manager Baker said at this point the item is not in the current budget and if the funds were available they will come from the account that is listed. Commissioner Johnson said grants are not guaranteed and the item is not time sensitive and at this time. The city is not in a position to spend unbudgeted funds and she would like to see the item deferred until the city receives an award letter. Manager Baker said he expects to hear something in September. His desire was once the grant materializes he would be in a position to move forward to get the job done. This process has some administrative costs to put the project out and getting it priced, but that's basically it, clearly he will not proceed until the funding becomes available which he will come back to the City Commission for final approval, this is just a way of looking at the market to see what type pricing we can get. It's a very creative design piece, it is one of a kind in the country and it just so happened to be a roundabout so it has some unique features to it and his desire is to see what the market is. Mayor Taylor asked the City Manager is he asking for authorization just to put the project out. Manager Baker replied, yes. Commissioner Johnson said the city needs the funding first. Mayor Taylor said the City Manager will not spend any money. Commissioner Johnson said verbatim in the minutes she would like to include that the City Manager will not be spending any money on this project. Manager Baker said other than administrative costs. Commissioner Johnson asked how much is administrative costs? Regular Commission Meeting Minutes—07/24/2013 11 Manager Baker said only advertising costs. Commissioner Johnson said the cost should not exceed $900.00. Vice Mayor Kelley said he saw the proposed gateway roundabout at the State of the City Address, spoke to the City Manager briefly about it and he is not sure if he grasps the urgency of not waiting until September when the funding is available. Manager Baker deferred item 19-5. (19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE A SETTLEMENT AGREEMENT FOR CASE NUMBER 12-03630 CA 15 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FL, PAYABLE FROM ACCOUNT NUMBER 28-514390; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above resolution was read by title by Attorney Geller. Mayor Taylor relinquished the gavel to Vice Mayor Kelley. It was moved by Mayor Taylor, seconded by Commissioner Holmes to pass the above resolution. Mayor Taylor said she would like to settle this item and move forth. Commissioner Holmes asked what is the settlement amount? Commissioner Johnson said $58.500.00. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Vice Mayor Kelley returned the gavel to Mayor Taylor. (19-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PLAN AN EMPLOYEE PICNIC TO BE HELD ON FRIDAY, JULY 26, 2013, BEGINNING AT 3 PM UNTIL 5 PM, IN AN AMOUNT NOT TO EXCEED $5,000, PAYABLE FROM BUDGETED LINE ITEM FOR SUCH ACTIVITIES, ACCOUNT NUMBER 13- Regular Commission Meeting Minutes—07/24/2013 12 513397; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the above resolution. Commissioner Johnson said she appreciate Vice Mayor Kelley recognizing the employees. She further asked the City Manager is the legislation is being ratified because she already received an invitation for the picnic? Vice Mayor Kelley said invitations were sent out and the original budget was $3,000, the amount increased to $5,000 which is within the City Manager's spending limit. He wanted a resolution on the agenda so there will not be any challenges and the City Commission as a whole would be in agreement. Commissioner Johnson said looking at the economy in the future it would be a good idea to look into giving employees a gift card. Vice Mayor Kelley said that is correct and in the past the city have given bonuses to the employees, but at this time the finances are not available. With the limited amount of money a picnic is what can be done at this time. He further said maybe in the future as the budget is develop there can be funds in the budget to give the employees monetary gifts, but at this time it was not enough money in the budget. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes (19-11) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO INFORM THE RESIDENTS OF OPA-LOCKA OF KNOWN SEXUAL OFFENDERS/PREDATORS LIVING IN THE CITY OF OPA-LOCKA BY PUBLISHING THE SEXUAL OFFENDERS/PREDATORS IDENTITY ON THE WEB SITES, QUARTERLY NEWSPAPER AND PUBLIC BROADCASTING STATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Geller. Regular Commission Meeting Minutes—07/24/2013 13 It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the above resolution. Commissioner Johnson thanked Vice Mayor Kelley for sponsoring the legislation and she suggested that the names are not listed but Miami-Dade County is linked just in case there is a change in the person's name. Vice Mayor Kelley said they are proposing to use the link from Miami-Dade County. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend the resolution including the following language at the end of section 2 "by means of a link to the Miami-Dade County website". There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Santiago Yes Commissioner Johnson Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes (19-12) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT THE CITY MANAGER TO PRICE MODULAR TRAILERS FOR TEMPORARY LOCATION OF CITY OFFICES NOW LOCATED AT TOWN CENTER; 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 moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the above resolution. Commissioner Johnson said the she is not comfortable with the legislation, the third whereas reads "as soon as possible"for a possible re-location and she would like a date to be included. Commissioner Holmes asked the City Manager for a report regarding the pricing of the modular's. Manager Baker said the entire cost of the move is $325,000 and they are looking at a plan to be completely moved out of the facility by the end of September. They have identified Regular Commission Meeting Minutes—07/24/2013 14 an existing modular unit that has just been made available and is roughly 12,000 square footage of space. After looking at the modular he will be bringing forth a recommendation to enter into an agreement with the company to have the modular's re- located. Commissioner Holmes said the item was deferred at the last commission meeting and his colleagues had time to give the City Manager their input. Commissioner Johnson said most of the time when there's legislation regarding Town Center Properties she does not vote on the item and it's documented, however when she see as soon as possible she has concerns. Attorney Geller said the landlords position is the city should be out of the building at the end of the fiscal year or he considers the city to be holding over and the City Attorney disagrees with that position. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to amend the resolution including the following language at the end of section 2 "to be accomplished by the October 1, 2013". There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes Commissioner Holmes requested a resolution for the September 11, 2013 Regular Commission Meeting removing the consent agenda. 16. NEW ITEMS: (16-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DEVELOP A PLAN AND MAKE RECOMMENDATION TO KEEP THE OPA-LOCKA BRANCH LIBRARY OPEN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Geller. Regular Commission Meeting Minutes—07/24/2013 15 It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the above resolution. Vice Mayor Kelley said he would like the City Manager to work with Commissioner Jordan and the Vounty Mayor's office to keep the Opa-locka Branch Library open. Mayor Taylor said she reached out to Commissioner Jordan when she received the information. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes (16-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HOMELAND PATROL CORPORATION TO PIGGY BACK ON AN EXISTING CONTRACT BETWEEN HIALEAH HOUSING AUTHORITY BID NUMBER 01-NC-23-13 AND HOMELAND PATROL CORPORATION FOR SECURITY SERVICES AT SHERBONDY PARK COMMUNITY CENTER AT A RATE NOT EXCEEDING $11.70 PER HOUR PAYABLE FROM ACCOUNT NUMBER 72-572340; 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 Santiago, seconded by Commissioner Holmes to pass the above resolution. Vice Mayor Kelley asked, did the contract go out for a RFP/RFQ? Manager Baker said staff contacted Miami-Dade County and local cities and in their desire to hire a security guard quick they decided to piggyback from the City of Hialeah. Vice Mayor Kelley said he is under the impression that the City Commission previously gave the City Manager a directive to put the contract out to see what the market bear. Vice Mayor Kelley asked, was it a time sensitive issue? Manager Baker said timing was one issue and when you're dealing with the economy if your able to piggyback on a contract much larger then chances are you will get a better price. The current contract is scheduled to be released at the end of this month. Vice Mayor Kelley asked how long is the agreement? Manager Baker replied, one year. Regular Commission Meeting Minutes—07/24/2013 16 Vice Mayor Kelley said his concern is the directive was for the City Manager to put the service out to see what the market bear and that did not occur. Commissioner Santiago echoed the same concerns as Vice Mayor Kelley, although the cost is not expensive. He further said he would like to amend the legislation to include security service for the city's Public Works Department. Commissioner Johnson said she has concerns that the City Manager failed to follow directives, but since the city has the best in blue and this is urgent why the police department cannot fulfill the security service until an RFP/RFQ is done. Manager Baker said is concern is in the event the Police Department is engaged in other activities that can be very critical, that may hinder them from doing their task. Commissioner Johnson said it is no different than when someone has an event they have to use the city's reserve police officers. Commissioner Holmes said Commissioner Santiago made a good point of having security at Public Works. Mayor Taylor said she is not in agreement the police department being security for Sherbondy Village. Commissioner Santiago asked, does the company have patrol cars? Manager Baker replied, yes. Vice Mayor Kelley said the security service for Sherbondy Village is budgeted and Public Works is not a budgeted item. He asked, what will be the yearly cost? He further said he does not know why there is a need for security at 6:00 p.m. when the park is still functioning with staff at that time. Manager Baker said he met with the Parks & Recreation director and hours will be adjusted. He further said he would have to work out all the logistics, but the yearly amount for security service at Public Works will be similar to the cost of Sherbondy Village security. Vice Mayor Kelley said going forth when the City Manager are given directives by the City Commission he needs to follow through on them. Manager Baker two weeks ago the item came before the City Commission and he indicated that he will bring back a plan at this Commission meeting. Staff called around and did the best they could to accommodate their schedule. Regular Commission Meeting Minutes—07/24/2013 17 He further said it was not his intent to be insubordinate of directives. Commissioner Johnson said page 1 of the agreement it is her understanding from the City Manager that the City made contact with the City of Hialeah Housing Authority. She asked, is that correct? Manager Baker said staff made contact with several governmental agencies. Commissioner Johnson said page 5 of the correspondence is dated February 28, 2013, which seems like dialogue started in February. She further said page 1 of the agreement reads that the agreement goes in affect March 1, 2013 and if she understands the City Manager, the current contract does not end until July 2013. Commissioner Johnson said the contract needs to be reviewed before the City Commission can vote on the legislation. Attorney Geller said the contract in the agenda is the City of Hialeah Housing Authority contract with the company, which the city is using as a sample. There being no discussion, the motion passed by a 3-2 vote. Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Johnson No Commissioner Santiago Yes Mayor Taylor Yes 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 86-8, ARTICLE IX, SIGN CODE, BY ADOPTING NEW REGULATIONS, PROVIDING SIGN REGULATIONS, REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICTS AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Regular Commission Meeting Minutes—07/24/2013 18 It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the above ordinance. There being no discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes B. SECOND READING ORDINANCE/PUBLIC HEARING: C. RESOLUTIONS/PUBLIC HEARING: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO MIAMI-DADE COUNTY BOARD OF COMMISSIONERS FOR THE ANNEXATION OF "ANNEXATION AREA A", INTO THE MUNICIPAL BOUNDARIES OF THE CITY OF OPA-LOCKA, AND AUTHORIZING THE CITY MANAGER TO PAY APPLICATION AND CERTIFICATION FEES, A NON- BUDGETED ITEM, PAYABLE FROM ACCOUNT NUMBER 25-525390; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. Commissioner Johnson said there are persons with the desire to speak, but since they are not citizens of the city they do not know when they are suppose to speak, therefore she think the City Commission should allow them time to voice their concerns. Commissioner Holmes said it was brought to his attention that 80 people spoke at the Planning Council Meeting and there were two opportunities at this meeting for individuals to speak so the city allowed enough time for public hearings. Mayor Taylor opened the floor for a public hearing. James Walden, Jr., 13325 NW 22nd Avenue, Opa-locka, FL appeared before the City Commission and said he have heard rumors regarding the annexation and he would like to get the correct information to report back to the Tri-Community Homeowners Association regarding everything east of 22nd Avenue from 135th Street to 119th Street. There being no additional persons to speak, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the above ordinance. Regular Commission Meeting Minutes—07/24/2013 19 There being no further discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO MIAMI-DADE COUNTY BOARD OF COMMISSIONERS FOR THE ANNEXATION OF "ANNEXATION AREA B", INTO THE MUNICIPAL BOUNDARIES OF THE CITY OF OPA-LOCKA, AND AUTHORIZING THE CITY MANAGER TO PAY APPLICATION AND CERTIFICATION FEES, A NON- BUDGETED ITEM, PAYABLE FROM ACCOUNT NUMBER 25-525390; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. Felix Asarte, 3250 NE 1st Avenue, Ste. 334, Miami, FL appeared before the City Commission on behalf of property owners in annexation area B. He said the issues are the city's millage rate is higher than what they are currently paying. As a business owner they would like to know the city's projected millage rate for that area. He said the business owners currently get permits through Miami-Dade County. Mr. Asarte asked, what will happen if the annexation is approved. He said he believe the city has the right to self governments, however as property owners they also have the right to know their future and what they will incur as far as expenses. Falstino Poo, 3225 NW 112th Street, Miami, FL appeared before the City Commission and said the increase in taxes of the current millage will represent three full time jobs per year. His company pays the employees medical insurance and premiums, if the cost increases to the point where he have to consider moving, then he will. Mack Samuel, 9101 NW 7th Avenue, Miami, FL appeared before the City Commission and said the annexation is very important to him because he have been working on starting a Mack for the last 10 years. This particular real estate is critical to their Mack because it is part of their revenue. They have 75,000 people in the Mack that they are studying and they are on track and moving forward to perform a budget. The city's application will certain create a challenge for them becoming their own municipality. Carl Perez, 3490 NW 125th Street, Miami, FL appeared before the City Commission and said he understands the city's interest in annexation, but he has some concerns that will Regular Commission Meeting Minutes—07/24/2013 20 impact his business. The city's millage rate will represent $150,000 increase in taxes to his business per year which will affect his business. He further said the city has had a lot of issues in the media and he is concerned of how that will impact his property value and ability to attract employees. Ed Lopez, 11206 NW 36th Avenue, Miami, FL appeared before the City Commission and said he is the owner of a 55,000 foot warehouse. He moved in the property in 1976 and area attracted him. If the City of Opa-locka annex into that area his company will be affected by the millage increase. Pete Fovar, 8355 NW 12th Street, Doral, FL appeared before the City Commission and said his company owns two million square feet of property in the park. They have been investigating in the area for 15 years. They have over $300,000 Million Dollars invested in the area so they are asking the City Commission to think about the unintended consequences that will happen. Deloris Hills, 11121 NW 25th Miami, FL appeared before the City Commission and said she feels that the citizens needs to have some input on the city's process of annexation. The citizens were informed about the annexation a week ago and it is not fair and the City Commission needs to reconsider the annexation. There being no additional persons to speak, the public hearing was closed. Commissioner Holmes asked when did the notice go out to inform the residents of the proposed annexation? Manager Baker said notices were mailed out a week ago to notify individuals within 300 feet of the annexation area; however the annexation process was commissioned over a year ago. Homeowners were not included because that's not in the annexation plan. Commissioner Johnson said the process started in 2007, but there is a need for continued dialogue with the business owners and homeowners associations. Vice Mayor Kelley said his concerns are the concerns of the business owners and his understanding was they the business owners were in agreement, however listening to their comments it was different. Howard Brown appeared before the City Commission and said staff went above and beyond the call of duty. They met with the business owners in areas A and B, they had two meetings and some of the businesses were for the annexation and others were against it. It all came down to the millage increase and staff gave them examples of the city's millage rate. Vice Mayor Kelley asked, what was the vote on the item before the Planning Council? Mr. Brown said the vote was 4-0 and they recommended approval. Regular Commission Meeting Minutes—07/24/2013 21 Vice Mayor Kelley said he understands the concerns that were raised, but he does think it's a great opportunity for city. He further echoed the same concerns as Commissioner Johnson with regards to having dialogue with the business owners, homeowners association, and the residents of the City of Opa-locka. Manager Baker said this process will allow the city to submit its application to Miami- Dade County Commissioners, however the dialogue can continue and he will add additional enhancements to improve the communication. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the above ordinance. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 19. ADMINISTRATION: CONSENT AGENDA: (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE APPROVAL AND RATIFICATION OF THE AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA, AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, ON BEHALF OF POLICE OFFICERS, CORPORALS AND POLICE SERGEANTS OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (19-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS ("RFP"), FOR A QUALIFIED DESGIN BUILD CONTRACTOR FOR THE CONSTRUCTION OF A CITY HALL COMPLEX ON CITY OWNED PROPERTY, LOCATED ON PERVIZ AVENUE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (19-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO INVESTIGATE THE CITY ACQUIRING THE OLD OPA HOTEL PROPERTY TO BE USED IN CONNECTION WITH THE CONSTRUCTION OF A CITY HALL COMPLEX; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. Regular Commission Meeting Minutes—07/24/2013 22 (19-13) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PROVIDE CLEAN UP SERVICES FOR THE AREA KNOWN AS CUYAHOGA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolutions were read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass items 6, 8, 9, and 13 of the consent agenda. The motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes A. CITY MANAGER'S REPORT: With regards to the move, Manager Baker reported that he is scheduled to look at a structure this week and providing all is well he will be moving forth. The employee appreciation luncheon is scheduled and he is trusting that everyone will be available to participate. Manager Baker further mentioned that the city is under a hurricane watch and they are monitoring it to keep the City Commission abreast. He further said a Special Commission is scheduled for next week to set and establish the millage rate for the proposed budget. Manager Baker said staff has had discussion with the owners of Presidente Supermarket and they are scheduled to get the project moving. Commissioner Johnson said maintenance is needed on Burlington Street near the trash center. Vice Mayor Kelley asked for some dialogue with regards to cutting of the city's alleys. He further said he received a memorandum regarding workforce participants but he asked for a listing of all the participants in the program. Manager Baker said the employees scheduled to work on the alleys have been interviewed and they are going through the process. In the meantime city staff has been maintaining the alleys on the weekends. Regular Commission Meeting Minutes—07/24/2013 23 Vice Mayor Kelley said he is not happy with that answer because there have been numerous conversations about the alleyway component. He further said over two hundred people have applied for employment through South Florida Workforce for various jobs and he want to see Opa-locka citizens hired. Commissioner Holmes directed the City Manager to have the police officers enforce the saggy pants ordinance. He further requested legislation to increase the saggy pants community service hours from 10 to 25 and increase the fine from $250.00 to $500.00. Commissioner Santiago expressed his concerns regarding the city's alleys. He asked, who is currently maintaining the city's alleys? Manager Baker said city employees are currently maintaining the alleyways. He further said the ten employees hired will focus on maintaining the city's alleyways on Saturdays. Commissioner Santiago said he would like to see the budget of how much this will cost the city. Vice Mayor Kelley said legislation was passed and the cost is budgeted. Commissioner Santiago said he received a complaint that the alleys were cut but debris was left on the side of Johnnie M. Greene house and she later received a citation by Code Enforcement. Commissioner Holmes said it was brought to his attention that it was a mistake and apologies were made to Ms. Greene and she does not have to pay the fine. Mayor Taylor said urgent care is part of the city's vision and she would like the city to start looking into Brownsfield grants for an urgent care facility. B. ACCOUNTS PAYABLE: Sofia Miller, Assistant Finance Director came forward and stated that all documents required for the report are part of the package provided to the Commission. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: 22. CITY CLERK'S REPORT: Clerk Flores reminded the City Commission that a workshop is scheduled for July 25, 2013 at 11:30 a.m. to discuss the re-establishment of city boards. Regular Commission Meeting Minutes—07/24/2013 24 23. MAYOR/COMMISSION REPORT: Commissioner Johnson said she will make an attempt to attend the employee's picnic but she has a funeral to attend on Friday at 12:00 noon. She further thanked the Opa-locka Women's Initative for her honorary membership. Commissioner Johnson mentioned that she is working with the City Manager on the parking for Sherbondy Village and they should be finalizing that soon. Commissioner Holmes said legislation was passed to recognize the police officers and he haven't seen anyone recognized. Vice Mayor Kelley urged everyone to attend the employee's picnic and continue to attend the crime watch meetings. He further advised the citizens to look out for job opportunities. In addition, he hosted the business hurricane expo for disaster preparedness and he hope his colleagues are able to attend the workshop to implement the city boards. Vice Mayor Kelley concluded by inviting everyone to attend the Farm Share Food Distribution on August 2, 2013 at 10:00 a.m. Mayor Taylor thanked the City Clerk's office for providing refreshments for the Commission meeting. 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Johnson, seconded by Vice Mayor Kelley o adjourneting at 10:15 p.m. , F OR ATTEST: (04 'I ' CITY CLERK Regular Commission Meeting Minutes—07/24/2013 25