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09- September 25, 2013 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING September 25, 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 7:05 p.m. on Wednesday, September 25, 2013 on the 2nd Floor of the Opa-locka Municipal Complex, 780 Fisherman Street, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Dorothy Johnson, Commissioner Luis B. Santiago, Commissioner Timothy Holmes, Vice Mayor Joseph L. Kelley and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Joseph S. Geller, and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Vice Mayor Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. APPROVAL OF AGENDA: It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend the agenda to approve a holiday bonus in the amount $500.00 for all full time and part time employees. There being no discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Commissioner Holmes Yes Mayor Taylor Yes 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (add-ons, deferrals and deletions): Regular Commission Meeting Minutes—09/25/2013 1 The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 19-1 (Commissioner Santiago), 19-4 (Commissioner Johnson) and 19-7 (Commissioner Holmes). Commissioner Johnson removed item 16-4. Vice Mayor Kelley deferred item 19-6. Attorney Geller said for clarification item 19-8 has been added to the agenda at the request of Commissioner Johnson. 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, TO AUTHORIZE SIGNATORIES FOR ALL CITY ACCOUNTS RESCINDING RESOLUTION NUMBER 13-8626; 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 16-1. 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 16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE FIELD FORCE EQUIPMENT FROM WORLD WIDE TACTICAL LLC AS THE LOWEST QUOTER UTILIZING EDWARD BURN MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) NUMBER 2010-DJ-VX-1337 FUNDS PAYABLE FROM ACCOUNT NUMBER 29-529832; A BUDGETED ITEM. Sponsored by C.M. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to amend the agenda to include item 16-2. Commissioner Holmes said it was brought to his attention that there is more money available in the budget than the original $50,000.00 and he would like the additional money requested. Attorney Geller said the amount is $68,000.00. Mayor Taylor asked Manager Baker if that figure can be amended when the commission considers the item. Regular Commission Meeting Minutes—09/25/2013 2 Manager Baker said yes. 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 16-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELOCATE THE CITY CLERK'S OFFICE FROM 780 FISHERMAN STREET, TO SHERBONDY VILLAGE PARK ON A TEMPORARY BASIS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. It was moved by Commissioner Johnson, seconded by Commissioner Santiago to amend the agenda to include item 16-3. There being no discussion, the motion passed by a 4-1 vote. Commissioner Johnson Yes Commissioner Santiago No Vice Mayor Kelley Yes Commissioner Holmes Yes Mayor Taylor Yes 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 passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Mayor Taylor asked Manager Baker if there was a Dade County Police Benevolent Association(PBA) Agreement signing ceremony. Manager Baker said yes. Attorney Geller said all members are in attendance for the PBA signing ceremony. The reason they have chosen to join the commission for this ceremony is because there is a Regular Commission Meeting Minutes—09/25/2013 3 three year agreement that has been signed with the PBA, which includes raises for the Police Officers, and it is a historic day for the city. Mr. Rivera said the city is a beacon of light for the rest of the County to emulate and follow. The city has taken public safety very seriously and this is for the residents as much as it is for the employees and he thanks the city for the effort. Manager Baker said the process started about a year ago. Examination of salary surveys in Miami-Dade County indicated that the Opa-locka Police Officers were paid at the bottom and he is pleased to report that Opa-locka is no longer at the bottom. Commissioner Holmes said when he was informed the police were under paid; he wanted to help bring their salary up. He is proud of the police force, the city and the new Chief of Police. Things are moving forward in a positive direction. Mayor Taylor thanked the PBA representatives who attended and participated. Commissioner Santiago along with the City Commission presented a proclamation to three artists for taking the time to come to the City of Opa-locka Parks & Recreation Department. 8. APPROVAL OF MINUTES: Special Commission Meeting—September 4,2013 First Budget Hearing—September 11,2013 Regular Commission Meeting—September 11, 2013 It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to approve the minutes of the Special Commission Meeting of September 4, 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 It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to approve the minutes of the First Budget Hearing of September 11, 2013. There being no discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—09/25/2013 4 It was moved by Commissioner Holmes, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting of September 11, 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 9. 24th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Jordan's Office (District 1) came forward and said he did not have any reports or announcements at this time, but he will be glad to take back any concerns or issues to Commissioner Jordan. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Mayor Taylor said the Miami-Dade County Fire Rescue Department appreciates being placed on the city's agenda, but unless there is something on the agenda that pertains to them specifically,they will not be coming. 14. PUBLIC PRESENTATION: 1. Alvin Burke Alvin Burke, 2928 NW 132nd Street, Apt 328, Opa-locka, Florida appeared before the City Commission and said the Commission was elected and took a pledge to the citizens of Opa-locka. The loyalty should be to the citizens and businesses of the city. The City Manager and city staff were given a job to do and they did it twice. They came before the City Commission and gave the best recommendation for the city. The first recommendation had to be redone to address Sunshine Law violations so it was done again and the outcome was the same company. The current vendor has been in the city for twelve years and he wants to know how they were able to stay that long. The company that the Selection Committee thought was the best for the city have been doing due diligence by employing residents. The city needs to stop playing and award the contract tonight. Secondly, one of the vendors was given business due to being located in the city and was based in the United States. Now, the business is still in the city but it is not based in the United States. Regular Commission Meeting Minutes—09/25/2013 5 14a. CITIZENS' FORUM: Eric Redmon of 2766 NW 131St Street, Opa-locka, Florida appeared before the City Commission and stated that he is not a racist, but since no one will say it he will. There have been several meetings throughout the city, dealing with the Hispanic community. From his recollection, about 8-12 people are going to run in the next election and that is fine. He has a problem with the way they are raising revenue. After 5:00 p.m. and on the weekends, there are various Hispanics going around to the various stores in the city asking for cancer research funds from the citizens. He was leery about this and he contacted the Cancer Foundation to ask about the criteria to do this and if they had received any funds from the city. It was indicated to him that they had received no funds whatsoever. He thinks it is time for an investigation into this. When he asked some of the people asking for funds for a card to identify the program, they all of sudden do not speak English, but their English was fine when asking for the money. There is a problem and he would like law enforcement to look into this and make sure fraud is not being committed. Willie Hernandez, 2350 NW 149th Street, Opa-locka, Florida came before the City Commission and said he is here to celebrate all the new jobs that are being created for city residents and he is excited about working with the city. Larry Williams, 531 NE 33rd Court, Pompano Beach, Florida appeared before the City Commission in support of Ecological Recycling Company. Willie Springfield, 16020 East Bunche Park Boulevard, Opa-locka, Florida appeared before the City Commission in support of Ecological Recycling Company. Patrick Cunningham, 13815 NW 23`d Avenue, Opa-locka Florida appeared before the City Commission in support of Ecological Recycling Company. Tikayah Aldridge, 2816 NW 135th Street, Apt 120, Opa-locka, Florida appeared before the City Commission in support of Ecological Recycling Company. Cedric Gant, 2043 NW 103rd Street, Opa-locka, Florida appeared before the City Commission in support of Ecological Recycling Company. Lazaro Inaudible, 250 Sabur Lane, Apt 130, Opa-locka, Florida appeared before the City Commission in support of Ecological Recycling Company. He said now that he is employed he does not have to worry about the landlord knocking at his door. Commissioner Holmes asked, have a new recycling bin been installed at the company? Jose Flores, CEO, Ecological Paper Recycling replied, yes. Commissioner Holmes asked how long have the company had the equipment? Mr. Flores said the company received a permit from the City Commission about six months ago. Regular Commission Meeting Minutes—09/25/2013 6 Commissioner Holmes asked were any employees laid off since the machine was installed? Mr. Flores replied, no. He said the company gave the employees a week off and starting Monday they will be employing 21 people. The Grand Opening will be in about 4-5 weeks. Commissioner Johnson asked, were the employees off with pay or without pay? Mr. Flores said there were no lay-offs. The employees were not paid for a week or two. There was no machinery to run, but that will change now that the machine has been installed. Leslie Dennis, 1211 Rutland Street, Opa-locka, Florida appeared before the City Commission and expressed her concerns regarding the city's millage rate. She was surprised at the rate and was informed it is one of the highest. Commissioner Johnson said at the previous meeting the millage rate was adopted and it did not change. She requested that staff speak to the citizen to address her concerns. 15. ACTION ITEMS (items from consent agenda pull list): 19-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXPEND UTILITY FUNDS TO TEST AND MAINTAIN THE CITY'S FIRE HYDRANTS, BY EMPLOYING RESIDENTS THROUGH WORKFORCE, PAYABLE FROM ACCOUNT NO.'S 64-533120, 64-533210, AND 64-533220; A BUDGETED ITEM; 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 Santiago, seconded by Vice Mayor Kelley to pass the above resolution. Commissioner Santiago said he observed the Fire Department doing work to the fire hydrants near his home. He asked them what they were doing and they informed him that they were cleaning, painting and fixing the fire hydrants in the throughout the city. They said it is their job and that is why the citizens pay taxes. Commissioner Santiago asked Vice Mayor Kelley if that is the case, why this resolution is being considered. Vice Mayor Kelley said to his knowledge Miami-Dade County does not do the entire city. What has occurred in the past is the service has been contracted to an outside vendor. Regular Commission Meeting Minutes—09/25/2013 7 Because he is always looking for jobs for the city residents he asked the City Manager to look at the funds that the city would be paying and hire city residents through Work Force as the training would be minimum. Vice Mayor Kelley asked Manager Baker is the service city-wide. Manager Baker said the city has its own water utility and the city is required to maintain the fire hydrants, painting them and to exercise the valves. The County trains on the fire hydrants. Maintenance is the sole responsibility of the water utility. Vice Mayor Kelley said that was his understanding. Commissioner Santiago said he has nothing against the idea, but the city should not do the same job as the County. Vice Mayor Kelley the money is in the budget, however he would defer the item to get clarification. Commissioner Johnson said she does support the resolution and she wants addresses to be verified to make sure city residents get the first opportunities for any jobs. Commissioner Holmes said the City Commission adopted legislation directing the City Manager to put a freeze on hiring. When is it lifted? Attorney Geller said it was his understanding that the resolution would be lifted after the end of the current fiscal year. Vice Mayor Kelley said the resolution was for the next fiscal year. He wants city residents to do the work. He can bring it back in October if it is the will of the City Commission. If an outside vendor does the work, there is no control as to who gets the jobs. Manager Baker said he is certain the city is responsible. Commissioner Holmes said there is a freeze on hiring. He supports it, but how does the city hire with that in place? There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 19-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO SUPPORT THE "GOLDEN VETERANS PARADE" — NOVEMBER 8, 2013, COMMEMORATION OF THE 50TH ANNIVERSARY OF THE VIETNAM WAR, WELCOMING HOME AND REMEMBERING VIETNAM Regular Commission Meeting Minutes—09/25/2013 8 VETERANS; 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 asked will the event cost any money? Vice Mayor Kelley said it is not his intent to have it cost the city any money. He would coordinate with the veterans in the city to make sure they are involved. If the City Commission wants to do something, that would be up to the body to decide. The event is on November 8th and he would like the city to honor the veterans. Commissioner Johnson said she is in support of the legislation. Vice Mayor Kelley said the event will be downtown near Bay front. There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 19-7: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY CLERK TO NOTIFY THOSE RESIDENTS ON THE REGULAR COMMISSION MEETING AGENDA LIST OF ANY AND ALL SPECIAL MEETINGS BY WAY OF US MAIL, ELECTRONIC MAIL OR TELEPHONE; 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 Holmes, seconded by Vice Mayor Kelley to pass the above resolution. Commissioner Holmes asked, what will happen when there are emergency meetings. He further said keep in mind if the legislation is passed the City Clerk will need sufficient time and the resources to get the job done. Vice Mayor Kelley said he sponsored the legislation because citizens have been having concerns about not knowing when the city has special meetings. Because there needs to be a mechanism, his preference is to use the phone and to conduct robo calls, however there is legislation prohibiting code red. Regular Commission Meeting Minutes—09/25/2013 9 Commissioner Holmes said he understands the purpose, but there is legislation that prohibits using code red. The language can be amended to utilize the mail to give the City Clerk proper time to notify the citizens. Commissioner Johnson said the legislation for Code Red needs to be amended so it can be further utilized. Since May, there have been 65 meetings. The quickest way could be through the Code Red usage. Vice Mayor Kelley said meetings have been called the next day to address urgent issues. Notification via mail would not be timely. Whatever way the commission decides is fine, but a mechanism needs to be in place. Clerk Flores agreed with Commissioner Johnson. Mayor Taylor said when Code Red is used; it should be for an emergency. The point is well made and she understands. Attorney Geller said the end of Section 2 says "as practicable". If passed this way, it would give the City Clerk some discretion. The better practice is to amend or rescind and re-pass the legislation, but if the commission includes this, and newer legislation controls older legislation, since it was passed as a resolution and not an ordinance,the commission could put in a line which says the previous restriction on the use of Code Red shall be loosened to permit the City Clerk to use Code Red to notify residents of special meetings, it does supersede it. That would be the latest action, effective and efficient. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the amendment to the resolution. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 16. NEW ITEMS: 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE SIGNATORIES FOR ALL CITY ACCOUNTS Regular Commission Meeting Minutes—09/25/2013 10 RESCINDING RESOLUTION NUMBER 13-8626; 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 Holmes, seconded by Commissioner Johnson to pass the above resolution. Commissioner Johnson said for clarification she wants to be sure the City Manager understands that the signatories as voted upon does include the City Clerk as a signee. Clerk Flores said she does not think the previous legislation included the City Clerk. Commissioner Johnson said the City Clerk was taken out previously. The signatures presently include the City Clerk, the City Manager and the Finance Director. Manager Baker agreed. Mayor Taylor said it takes two signatures. If one is not there, then an alternate is needed. Commissioner Johnson would like another alternate which is the City Clerk. Manager Baker said that was fine. Attorney Geller said Commissioner Johnson should make an amendment to add the City Clerk as an alternate. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend the resolution including the City Clerk as an alternated for signatories. Commissioner Holmes asked how many signatures would it be in total? Manager Baker said that would be four signatures. Commissioner Holmes said he does not think the City Clerk should be on the list. Mayor Taylor said that there are only two actual signatures, the City Manager and the Finance Director. Manager Baker said that is correct. Commissioner Holmes said the Assistant Finance Director was also a signature. Commissioner Johnson referred to legislation 13-8626; it states that the City Manager, the Interim/Assistant Finance Director, in lieu of her was Charmaine Parchmant, as the Accountant. The City Clerk was previously included. When Ms. Miller came in she had two titles, Assistant Finance Director and Interim Finance Director and Ms. Parchment Regular Commission Meeting Minutes—09/25/2013 11 was the Accountant. She would like the City Clerk to be in lieu of the Director of Finance, as she attests to everything. Mayor Taylor said the vote right now is adding the City Clerk to provide for two alternates. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes There being no further discussion,the motion on the resolution passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes Mayor Taylor welcomed the city's new Finance Director, Ms. Susan Gooding-Liburd. 16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE FIELD FORCE EQUIPMENT FROM WORLD WIDE TACTICAL LLC AS THE LOWEST QUOTER UTILIZING EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) NUMBER 2010-DJ-VX-1337 FUNDS PAYABLE FROM ACCOUNT NUMBER 29-529832; A BUDGETED ITEM. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to amend the resolution to add $18,000.00 more, so instead of$50,000.00 it will be $68,000.00. There being no further discussion, the motion on the amendment to the resolution passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the resolution as amended. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Regular Commission Meeting Minutes—09/25/2013 12 Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 16-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELOCATE THE CITY CLERK'S OFFICE FROM 780 FISHERMAN STREET, TO SHERBONDY VILLAGE PARK ON A TEMPORARY BASIS; 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 Santiago, seconded by Commissioner Johnson to pass the above resolution. Commissioner Santiago asked, who office will be located at Sherbondy Village, all city offices are moving to the new location. Commissioner Holmes said his office will be located at Sherbondy Village. Commissioner Santiago asked the City Attorney is the legislation legal. Attorney Geller said as it has been noted previously, there is a concern. Provided that the move would be on a temporary basis, that certain offices only would be relocated there and not take away the overall use of the facility, in his opinion it could be done. That was his opinion before and at present. Commissioner Santiago said he thought the City Clerk works for the City Commission and he cannot support the legislation. Commissioner Holmes said the reason he sponsored the legislation is because the City Clerk's office works late in the evenings after 5:00 p.m. There are a lot of things that need to be done in that area to clean it up and it is not safe. Unless there are police to watch the building 24/7, there is going to be a problem. Commissioner Santiago said his point is that there is crime all over the city, not only in that area. There are criminal incidents in the neighborhood where they live. Sherbondy Park is for the citizens, not city offices. Commissioner Johnson is in support of public safety. She directed the City Manager to have police present. There is a reduction in crime in the city, but she is concerned about employee safety. The employees are not to be left unattended. Regular Commission Meeting Minutes—09/25/2013 13 It was moved by Commissioner Johnson, seconded by Commissioner Holmes to direct the City Manager to provide security at the city offices. Attorney Geller asked for clarity; this should also include other times when the City Clerk's office works late in addition to meetings. Mayor Taylor that is within the parameters of the City Manager. Commissioner Holmes said he will pull the resolution. Mayor Taylor said 16-3 has been pulled. Commissioner Johnson said she is not going to let this go. The vote should be up or down. She made a motion to direct the City Manager to provide public safety for city employees working after hours. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes Attorney Geller said the motion needs to be voted on to add it to the agenda, and then take that vote on the item. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to add the motion to the agenda. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 16-5: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO INSTRUCT THE CITY MANAGER TO ARRANGE TO PAY A $500.00 BONUS TO ALL FULL-TIME AND PART-TIME CITY EMPLOYEES IN TIME FOR THE HOLIDAYS; 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 Vice Mayor Kelley, seconded by Commissioner Santiago to pass the above resolution. Regular Commission Meeting Minutes—09/25/2013 14 There being no further discussion, the resolution passed by a 4-0 vote. Commissioner Holmes Yes Commissioner Santiago Yes Commissioner Johnson Out of room Vice Mayor Kelley Yes Mayor Taylor Yes 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, TO CREATE A CIVIL SERVICE BOARD FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above ordinance was read by title by Attorney Geller. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to pass the above ordinance. Vice Mayor Kelley said it has taken almost a year to get to this point to try to get the boards together. He wanted to point out that it is the choice of the commission to add two seats for employees or take them from within the five. The original number is five and that is listed. As it stands now, each commissioner gets one selection. The committee recommended that two additional seats be added which would be for employees bringing the number to seven. There being no further discussion,the motion passed first reading by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE A HOUSING AUTHORITY & NUISANCE ABATEMENT BOARD FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND Regular Commission Meeting Minutes—09/25/2013 15 REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the above ordinance. Commissioner Johnson said she would like to thank Vice Mayor Kelley and her colleagues if this passes. This is strong legislation. There being no further discussion, the motion passed first reading by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AMEND ORDINANCE 07-19, SECTION 16-33, BAN ON WEARING SAGGY PANTS APPAREL, TO ALSO INCLUDE BANNING SAGGY PANTS AND SHIRTS WORN BY FEMALES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass the above ordinance. Commissioner Santiago said he does not want to tell people how to dress. Commissioner Johnson said there is a lot of skin showing and this needs to be addressed. Vice Mayor Kelley asked how this will be determined, what fits the criteria. This is an enforcement issue. Commissioner Johnson said the Police Department needs to get engaged as to how to enforce the policy. There needs to be decorum. There being no further discussion, the ordinance passed first reading by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—09/25/2013 16 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AMEND SECTION III PENALTIES FOR VIOLATION OF THE SAGGY PANTS ORDINANCE 10-28; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. 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. There being no discussion, the ordinance passed first reading by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes B. SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AWARD FRANCHISE CONTRACT FOR COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL, PURSUANT TO RFP 13-2805200, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT A, SUBJECT TO APPROVAL AS TO FORM BY THE CITY ATTORNEY, PAYABLE FROM ACCOUNT 34-534340; A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 11, 2013). Sponsored by C.M. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. Eric Redmon, Villa Francine, Opa-locka, Florida appeared before the City Commission and said he would like to get rid of Choice. They are the most disgusting, nasty and disrespectful company that has ever come in the city. He can't tell the City Commission how many times he and other citizens have had to call the city to complain. David Reiner, Reiner & Reiner, on behalf of Ecological Paper, 9055 SW 73`d Court, Miami, Florida appeared before the City Commission and said his clients have been through a lot with this process. He understands it has been very contentious and some of the commissioners have concerns. He would say to the City Commission, they will become an economic engine and major employer for the city. All they are asking is to turn the engine on and sign the contract. Regular Commission Meeting Minutes—09/25/2013 17 Grant Smith, on behalf of Progressive Waste Solutions. Ecological Paper came before the City Commission and said they were misrepresented and lied about their experience and claimed experience that was not theirs. They even claimed a contract for a city that does not exist; Sebring, Florida, does their own garbage. Their financials do not come close to being good enough to do a job this size, and are nowhere near as good as Progressive Waste Solutions. The committee failed to check references, it they had, it would have found that the references Ecological Paper claimed were not theirs. Progressive Waste Solutions did not get proper credit for any of the references they submitted. Ecological Paper misrepresented their MDBE status. Ecological Paper does not have experience providing the same or similar services to what the city is requiring. Ecological Paper did not provide the proper bid bond, if presented today, the city would be rejected. Nobody evaluated the gift to the city of $150,000.00 worth of carts and the impact to the city budget and the overall bid price. Progressive Waste Solutions complied with the letter of the RFP and have been providing excellent service for 3 years. The Company employees 113 people in the city, with 40 employees whose zip codes ending in 54, 55 and 56. Progressive Waste Solutions has installed a brand new multi-million dollar recycling facility in Miami-Dade County. Please do the right thing. Alvin Burke, 2928 NW 132" Street, Apt 328, Opa-locka, Florida appeared before the City Commission and stated that he is a citizen of the city and he believes Ecological Paper is a US based company. Progressive Waste Solutions is a Canada based company. He wants his tax dollars spent on a US company. Alex Gonzalez, Waste Management, 2125 NW 10th Court, Miami, Florida 33127 appeared before the City Commission to voice his concerns regarding comments a citizen made that he does not know how Waste Management had been in the city for 12 years. They were awarded contracts through RFP's. There was never a bid protest filed. They have been a good corporate partner with the City. Jason Hill, Waste Management, 2125 NW 10th Court, Miami, Florida 33127 appeared before the City Commission and said his company is a US based company and of the 6 proposers involved in this process, the only one who responded to prior RFP's was Waste Management. It is great to hire local citizens, it was Waste Management that privatized the city's waste services, including paying the County $600,000.00 of the city's debt. He hopes the city considers other factors besides price. Carlos Piccinonna appeared before the City Commission on behalf of Progressive Waste Solutions of Florida, Inc. He said his company is a Delaware Company and is listed on the New York Stock Exchange. There being no additional persons to speak, the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass the above ordinance. Commissioner Johnson asked was it a requirement for US based companies? Manager Baker replied, no. Regular Commission Meeting Minutes—09/25/2013 18 Commissioner Johnson said while meeting with the City Manager and the committee yesterday, what was the process for screening references. Manager Baker said in the selection process, each member of the committee independently evaluated each one of the companies. There is a criteria established that they followed based upon what they could read and determine. They came to their own conclusions. Commissioner Johnson asked what the process was for the references, how did the committee check for references? Manager Baker said as he understands the process, the Purchasing Agent was provided references from the companies. That information was made available to the committee. Commissioner Johnson asked who called Sebring, Florida? Manager Baker said he did not know. Commissioner Johnson asked if any references were received from them. Manager Baker said he did not recall. Commissioner Johnson asked about the commercial and single family residential references, what was used for the top two? Manager Baker said the references came through the Purchasing Agent as well as additional information that was provided. Commissioner Johnson asked Manager Baker if he was saying that each one had residential experience. Manager Baker said the way the committee dealt with it was based on information obtained from the Purchasing Agent; this was from information put out and received back from the various companies. This was made available to the committee members. Commissioner Johnson said on the information she received, it was not possible to validate it because the computer crashed and there was no database to follow-up on. She is concerned with that. She met with a vendor and cleared up a lot of information she was concerned with. The current residential experience factor reminds her of when a past RFP was split due to the experience. When she looked at the 2009-2013 bids, the language has changed a lot. She would like Manager Baker to put on the record his rationale for changing the format. Manager Baker said this process started roughly a year ago and part of the process is that the city went out using the existing template that had been used previously, with some minor changes. As a result, a tremendous amount of questions came back. Usually when there are a lot of questions that come back, it is a result of the template being used. Based Regular Commission Meeting Minutes—09/25/2013 19 on that, the template was scrapped and the city shopped around the State of Florida and found one used by a city whose name he cannot recall. Commissioner Johnson said it was Lake City. Manager Baker agreed. He said Lake City had just awarded their contract. He asked questions on the process and then took some time to modify it to be as specific as possible to Opa-locka and put that out. Each time that it was pulled back it caused additional extensions for the existing companies providing service. It was concluded and a final version was put out, and even that one resulted in questions, not as many, but quite a few that were addressed and that is the current status. Historically, waste management contracts have interpretation issues that create some concerns. However, in this process, the city has done the best it can do. He is standing behind the committee's recommendation. All the companies listed are great companies and could do a good job for the city, but he is upholding the committee's recommendation before the commission. Commissioner Johnson asked Attorney Geller if the city chooses a company that has not signed a bond, what liability does the city have? Attorney Geller said as part of signing any contract, the city will require that any bond that was unsigned, be signed in connection with signing contracts. Commissioner Johnson asked if there is a flaw in the process, does that open the city up to any legal repercussions. Attorney Geller said if the city made a mistake, then someone can possibly bring an action. On the other hand, the commission and the city administration are here to do the best job for the city and the citizens. Most courts, unless there is something egregious, and the city is not unlimited in its discretion, but generally speaking the city has to act in the best interest of the citizens and not necessarily in the best interests of the proposers. Commissioner Santiago said to Attorney Geller said he is tired and the process has been going on too long. This has passed twice and that if everything is right and by the book, it is time to go forward. This is already done. He wants a vote. Commissioner Holmes asked Attorney Geller if he heard him say that a bond has not been passed and needs to be passed? Attorney Geller said documents are under review. There is a question as to whether or not there was proper execution. We are requiring that it be executed by the company as part of their executing the contract. It was signed by the bonding company. The signature will be obtained. Commissioner Holmes asked if the bond will signed prior to the contract being signed off on. Attorney Geller said yes. Regular Commission Meeting Minutes—09/25/2013 20 Vice Mayor Kelley said all the companies have presented themselves. He is going to accept that the Manager and staff did their due diligence. He notes that the Manager's notations for the rate per month for the pick-up would be lower which is a reduction for the citizens. It is the same thing for the businesses, they will see reduced rates. Any relief that can be given in these tough economic times is welcome. Mayor Taylor asked Attorney Geller how long the contract is. Attorney Geller said three years. Commissioner Johnson asked Manager Baker how much the city will collect in Franchise Fees. Manager Baker said he does not have the number here. The aggregate rate will be lower, if the rates are lower that in turn lowers the Franchise Fees. Commissioner Johnson asked if that is part of the budget. Manager Baker said yes. Commissioner Johnson asked what the fee number is reduced to. Faye Douglas, Budget Administrator said the proposal included a Franchise Fee rate of 28%, which is higher than the current fee of 26%. The rates may be lower, but the Franchise Fee percentage is higher. The hope is that it balances out. Commissioner Johnson asked if there was a solid number. Ms. Douglas said no. Commissioner Johnson said to Manager Baker that the businesses are concerned. They currently have green containers and need dumpsters, there are a lot of those around and that means there is an issue of commercial vs. residential pick-ups. Ms. Douglas said that part of this process is to address this and clean it up. Commissioner Johnson asked if the company was ready to start on October 1St Manager Baker said no. He heard back from the President of the company, and they can start roughly 30 days from today. The current contract ends on October 1St, and the City Attorney will be addressing that shortly. There being no further discussion, the ordinance passed by a 3-2 vote. Commissioner Holmes No Commissioner Johnson No Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—09/25/2013 21 Commissioner Johnson said before the commission moves, she wants to change her vote to no. Attorney Geller said before the item is left completely, he noted that the two previous incumbents are both present, and based on information received from the new contractor; he would like to ask both of the incumbents if they are willing to extend their services for an additional month. He will be following up with both of them tomorrow to see if they will do so. He needs commission approval of a motion to extend them for a month or to allow the City Manager to make such other arrangements as necessary to cover the next thirty day period. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to authorize the City Manager to negotiate with the current provider for an additional thirty days or take necessary steps to handle the city's waste services. Mayor Taylor said this vote would be to add it to the agenda. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Holmes No Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE A COMMUNITY RELATIONS, RECREATION AND ACTIVITIES BOARD FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 11, 2013). Sponsored by J.K. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to pass the above ordinance. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—09/25/2013 22 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE A PLANNING COUNCIL FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 11, 2013). Sponsored by J.K. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to pass the above ordinance. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 4. AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA, TO CREATE A ZONING BOARD OF APPEALS FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 11, 2013). Sponsored by J.K. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. Attorney Geller said the legislation does not provide for the City Commission to serve as the Zoning Board of Appeals. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the above ordinance. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Regular Commission Meeting Minutes—09/25/2013 23 Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 5. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE THE OPA-LOCKA EDUCATION COMMITTEE, WHICH WILL OPERATE WITH THE PARTICIPATION OF REPRESENTATIVES FROM PUBLIC, CHARTER AND PRIVATE SCHOOLS IN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 11, 2013). Sponsored by D.J. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to pass the above ordinance. Commissioner Johnson said it was previously discussed and an amendment was suppose to be included. Vice Mayor Kelley said he thought it was an oversight. That was the language that designated Commissioner Johnson as a liaison. Attorney Geller said that was done by motion. It doesn't have to come back. The motion was passed. The Clerk's office should have a record; it was an item that was passed. The commission has designated Commissioner Johnson; it is not part of the ordinance because the ordinance may be on the books 20 years from now. Clerk Flores says she has it. It was done by motion, but it was not to be part of the ordinance. She has the record of it. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Johnson Yes Commissioner Santiago Yes Vice Mayor Kelley Yes Mayor Taylor Yes 19. ADMINISTRATION: CONSENT AGENDA: (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, URGING SUPPORT IN RECOGNIZING THE WEEK OF Regular Commission Meeting Minutes—09/25/2013 24 OCTOBER 20-26, 2013, AS "FLORIDA CITY GOVERNMENT WEEK", AND SUPPORT THE CELEBRATION BY PARTICIPATING IN THE "MY CITY, I'M PART OF IT, I'M PROUD OF IT!" ACTIVITIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO DIRECT THE CITY MANAGER TO REASSESS AND CEASE FURLOUGH DAYS FOR EMPLOYEES BY MID YEAR, IF FINANCIAL CONDITIONS PERMIT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, URGING THE STATE LEGISLATURE TO REPEAL THE "STAND YOUR GROUND LAW"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolutions were read by title by Attorney Geller. It was moved by Vice Mayor Kelley, seconded by Commissioner Santiago to pass items 2, 3, and 5 of the consent agenda. The motion passed by a 4-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Out of room Mayor Taylor Yes Mayor Taylor asked for clarification on the add-on resolution by Commissioner Johnson, should it be 16-5 or 19-8. Attorney Geller said procedurally it could be 16-5. It would be better to consider it as an add-on, it was voted on as an add-on, not with the others, but separately. It is better included as 16-5. He asked Clerk Flores to correct any prior comments. Clerk Flores affirmed. A. CITY MANAGER'S REPORT: Manager Baker said he is pleased to report that the city is moving forward. This is the last meeting here and the move out of the building is scheduled to begin tomorrow at 8:00 a.m. It will begin with the Mayor, Commission, City Clerk and the City Manager's office. The administrative services portion will be temporarily on hold until the systems are working at the new location. There has been a lot of time spent at the new location fine tuning it and it may take a few weeks to get ideal working conditions set. The city is proceeding with plans to purchase the property down from the Historical City Hall. He is hoping to bring some recommendations to the next meeting to begin the whole process of purchasing the property and beginning construction. Regular Commission Meeting Minutes—09/25/2013 25 He said he is very concerned about the health insurance and where the city stands right now. He would like authorization to reach out and hit the market and look for something much more comprehensive than what is before the city. He said the city must do something better. In the next few weeks he is hoping to bring forth a recommendation to go out and bring in a new Agent of Record and ultimately a new insurance company. He did want to state his concerns so as to not miss out on new opportunities with Obamacare and also to address the cost. He further saiit is hard to believe a year has passed, and there have been many significant improvements throughout the city. There is still work to be done and there are challenges, but he believes the next year will bring even more improvements Manager Baker said there are a tremendous amount of infrastructure projects going on that will be amazing. He wants to report that the Helen Miller Center is out of the ground, the two story structure is up and the contractors are working diligently to finish it up. The schedule for substantial completion is due at the end of October. The city has gotten assurances that it will be close at meeting that time frame. The County that has funded the project is quite impressed with the progress. It will soon be a very good asset for the city. He said there have been a lot of conversations about the lift stations. He is pleased to report that they are all under construction. In less than one year's time they have been brought into compliance and will finally be off of the Miami-Dade County moratorium list. He said one of the highlights this year has been the AMR Program. A year ago, there were lines of people coming to the 4th floor to complain about water bills and things of that nature. For the most part the issue has been tackled and accomplished with good results. He is looking forward to speaking with the commissioners on the accomplishments and what needs to be done in the future. He said that there is a problem with flooding in the city and this is the year that his office is committed to addressing the 30 year record of flooding. There has been some success in obtaining funding, there is State funding for $1.1 million dollars and there are plans to go back and secure additional funding. Manager Baker said the Master Plan for the infrastructure is on the way and will be a vehicle to be used for the drainage issues. Some of the key industrial areas have been involved in the first Business District meeting and it is designed to give businesses a buy- in to the process and to participate financially in the scheduled improvements. He is looking forward to speaking with commissioners and will be glad to answer any questions they have. Regular Commission Meeting Minutes—09/25/2013 26 Commissioner Johnson said she wanted to commend the City Manager for the two projects. In her 30 years she has never seen two cranes going up at the same time in the city. She further said she knows there is some property and she would like to see them back on the rolls, especially the houses, so the city can get some tax revenue. She is concerned, she does not want to bring legislation, but the manual data collection has to be discontinued. In this day and age no one should be doing things manually, there is enough technology available. She would like the correct logo on all of the city vehicles. In addition, she had brought legislation for vehicle identification, she would like that to be addressed. On Pervis Avenue, she has been almost hit three times by people coming in the wrong way to the apartments. She is also concerned about the hostile work environment; she has received fifteen letters from employees who want to remain anonymous. She thinks that the employees are working in fear, no one needs to work in that kind of environment. If an employee finds something that is a mishap, they should have the freedom to go speak to anyone and not be threatened to lose their job. She is asking that HR get a handle on this as it could put the city in a bad liability situation. Commissioner Santiago thanked Manager Baker for good job he has done. He does not want to see any of the city employees including Public Works make less than $30,000.00. They are providers for their families. There needs to be sacrifice, but he would like to make sure they are taken care of. He further said that there are too many abandoned houses around the city. The crime is too high and the houses are used for drugs and crime. If the banks or the owners will not take care of them, then tell them to demolish them and leave the land. Commissioner Holmes told the Chief of Police that he would like a list of the crimes on Perviz Avenue for the last thirty days. Vice Mayor Kelley said to Manager Baker, regarding the time table for the move to the New City Hall, he hopes it will be on the fast track. He wants to make sure that the cranes get moving over there as soon as possible. He would to see a timeline for that. He said the Helen Miller Center is taking shape; he wants to make sure the sod is put back in place and to complete the parking across the street. Manager Baker agreed. Vice Mayor Kelley said he did not hear Manager Baker talk about putting in a gym on the front piece by 22°a. He wants to see that done. Manager Baker said he will give an update at the next meeting. Vice Mayor Kelley said with regard to the transition, how are the citizens going to be notified. He would suggest a phone blast to get the information out. Manager Baker said information will be on the telephone system for the next few days. He said the commission chambers will be moved to Sherbondy. Regular Commission Meeting Minutes—09/25/2013 27 Vice Mayor Kelley said this important due to the meetings coming up with the new committees as well as the commission meetings. He wants to make sure the citizens know and get the word out. Mayor Taylor asked Manager Baker about the rental of the facility. If all rental of the facility can go through Procurement that means it is all in one place. The signs in the median, she wants to give a compliment. She thanked Public Works for all their work in getting rid of the signs and papers posted. She wanted to confirm that the move to the temporary facility will only be for a year. Manager Baker said it will be a year or less. Mayor Taylor said if the move to the New City Hall is not going to hit the mark, to let the commission know ahead of time, not right before the deadline. Manager Baker said he is going to bring forth a very aggressive plan at the next meeting. He would like to get the groundbreaking done before the end of the year. Mayor Taylor directed Manager Baker to take care of the employees as far as raises, from the bottom up. B. ACCOUNTS PAYABLE: Ms. Susan Gooding-Liburd thanked everyone for the warm welcome. She said she will bring the 2012 fiscal comprehensive report to completion. Ms. Liburd said she have included in the commission's package are the Finance Department Reports which are the Cash Requirement Report for Payments Due September 12th, the Check Register Report for August. This concludes her report. Commissioner Johnson asked how much was in the reserve. Ms. Liburd said there is $257,000.00. Commissioner Johnson said the figure went down. The amount was $273,606.00 in June, what happened to the $20,000.00? Sophie Miller, Assistant Finance Director apologized and said she misspoken. The amount was $273,000.00. Vice Mayor Kelley welcomed the new Finance Director. He will be meeting with her to go over some things in the future. 20. BOARD REPORTS: Mayor Taylor said there are no Board Reports yet. 21. CITY ATTORNEY'S REPORT: Regular Commission Meeting Minutes—09/25/2013 28 Attorney Geller said he has submitted the written report and he will be happy to answer any questions. Commissioner Johnson said to Attorney Geller that the schedule he submitted and had the City Clerk send back to him was unacceptable. She would like him to respond to the City Clerk in writing. She needs a weekly schedule that states what days he will be in the office. The staff needs him to be present. Attorney Geller said he will get with the City Clerk. Commissioner Johnson said in the last agreement for that facility, which she was told he read, it stated five years. She said verbatim" I want to make sure before we sign anything, it is one year. If it is an additional year it has to come back to the commission. I pointed it out to Mr. Gilbert and I just want to be sure we know wherever that five years is throughout that contract, for that new facility, it is one year." Attorney Geller said the city has received a revised lease that is a one year lease, which provides the city with two one year options. It is his understanding that it was clear that the commission's authorization was only for a year. However, in the interest of clarifying, he will be happy to bring something back at the next meeting for the commission to vote on that specifies that exercise of any option that the city gets has got to be by the commission. There is also an option for staying for less than a full year and to extend more or less on a month to month basis provided the city gives 90 days notice. He will bring something back to the next meeting that explicitly states those options cannot be exercised without a vote of the city commission. Commissioner Johnson said the commission voted on one year. So anything he brings should be separate documentation. She does not want them intertwined. Attorney Geller said he is sure the City Manager and the administration can get it all done. What they cannot control are the people who have the money and give the city the money. The city has no obligation other than one year. The city is being afforded the option. Commissioner Santiago said he needs Attorney Geller to work hard on all of the lawsuits the city has. He also said he likes the schedule for having Mr. Geller and his co-worker present in the city offices. Commissioner Johnson said for the record how timely that is that the city got the schedule today. 22. CITY CLERK'S REPORT: City Clerk Joanna Flores said she did not have a report. Commissioner Johnson said she thinks the City Clerk needs some support for the Public Records requests. Three to four months to respond is untimely and it makes her look bad. She knows there is a directive out there. If the City Clerk is asking for something on Regular Commission Meeting Minutes—09/25/2013 29 behalf of the citizens or the commission, it should be a priority. The timelines need to be improved, and the City Manager and City Attorney need to be aware of this and work with her. 23. MAYOR/COMMISSION REPORT: Commissioner Johnson said she does not know the status of the quality control inspection, and due to her allergies she will be requesting a transfer to accommodate her health. Until that is done, she cannot move into the building. The Grandparents Observance at Bob Ingram is tomorrow, she will be there in attendance. The Principal is retiring from Dr. Bob Ingram on October 7th She will be in attendance tomorrow at SunLife Stadium with the North Dade Regional Chamber of Commerce at the Beyond The Bell event. Commissioner Santiago said everyone should remember that there is Community Bingo on Friday at 6:00 p.m. It is community event and hosted by Commissioner Johnson and himself. Commissioner Holmes said everyone should have a blessed and safe night. Mayor Taylor said she had a teleconference today with the Secretary of Health and Human Services and President Obama, telling the city about the legislation he has instituted since 2010 for a Health Insurance Marketplace. The website is Healthcare.gov - it is where people can get information about health care. It is beginning October 1st and runs for 6 months, and it gives Americans a chance to get health insurance. Consumers in every state will see what health care options are available. The city will post information using the IT Department. She wants the City Manager to make sure this information gets out to the citizens. Discrimination on gender and pre-existing health conditions will be banned. She said this meeting is the last meeting at the Town Center. The city expended due diligence in trying to purchase the building and after over a year, the Seller did not want to work with the city. The city could no longer include the payment here in budget, so the city had to move. The city was paying a little over $48,000.00 a month. The city offices are moving to 3400 135th Street and the city will be paying $12,000.00 a month. That is a big drop in rent payments. She thanked the City Manager and staff for all of their hard work. There is a lot of talk about the area and that cannot happen. The city is part of the community and must make a difference in that neighborhood. The next commission meeting will be at Sherbondy. Manager Baker said affirmed. Vice Mayor Kelley wants to remind everyone about the Hispanic Heritage Month Domino Tournament event. He has been working with FPL to fund one of the youth football teams. The Clergy meetings still take place. Jobs are still being worked on for the citizens. He wants to invite all city businesses to attend in partnership with the Beacon Council to an event hosting the ABC's of Operating a Business which will take place on October 10th at 8:30 a.m. to 11:00 at Sherbondy Village. Regular Commission Meeting Minutes—09/25/2013 30 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 San 'ago to adjoze meeting at 10:05 p.m. 1e I MA •-' ATTEST: CITY CLERK Regular Commission Meeting Minutes—09/25/2013 31