HomeMy Public PortalAbout11- November 13, 2013 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
November 13, 2013
7:00 P.M.
City Commission Chambers at Sherbondy Village
215 President Barack Obama (Perviz) Avenue
Opa-locka, FL 33054
1. CALL TO ORDER:
Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, November
13, 2013 in the City Commission Chambers at Sherbondy Village, 215 President Barack
Obama (Perviz) Avenue, Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Vice Mayor Joseph L.
Kelley, Commissioner Dorothy Johnson, Commissioner Luis B. Santiago, Commissioner
Timothy Holmes, and Mayor Myra L. Taylor. Also in attendance were: City Manager
Kelvin L. Baker, Sr., City Attorney Joseph S. Geller, and City Clerk Joanna Flores.
3. INVOCATION:
The Invocation was delivered by Mayor Myra L. Taylor.
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: 19-2, 19-8, and 19-11 (Commissioner Johnson).
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.
Commissioner Johnson Yes
Commissioner Santiago Yes
Commissioner Holmes Yes
Regular Commission Meeting Minutes—11/13/2013 1
Vice Mayor Kelley 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, AMENDING RESOLUTION NO. 13-8613 AND AUTHORIZING
THE CITY MANAGER TO SUPPORT THE OPA-LOCKA COMMUNITY
DEVELOPMENT CORP (OLCDC) REQUEST TO ADD ADDITIONAL PROPERTY
LOCATION TO THE KABOOM PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXPEND $2,500.00, A BUDGETED ITEM, PAYABLE FROM
ACCOUNT NO. 32-541340; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to amend
the agenda to include item 16-1.
There being no discussion, the motion to amend the agenda passed by a 4-1 vote.
Commissioner Santiago Yes
Commissioner Holmes Yes
Vice Mayor Kelley No
Commissioner Johnson Yes
Mayor Taylor Yes
16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE FINAL 1NTERLOCAL AGREEMENT
BETWEEN THE MIAMI-DADE COUNTY COMMISSION AND OPA-LOCKA
COMMUNITY REDEVELOPMENT AGENCY; 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 Holmes Yes
Vice Mayor Kelley Yes
Commissioner Johnson Yes
Commissioner Santiago Yes
Mayor Taylor Yes
16-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE EXPENDITURE OF TWO THOUSAND
DOLLARS ($2,000.00) TO SPONSOR THE OPA-LOCKA 12TH ANNUAL"HOLIDAY
IN THE VILLAGE TOY GIVE-AWAY", TO BE HELD DECEMBER 21, 2013,
PAYABLE FROM ACCOUNT NUMBER 79-579402, PROVIDING FOR
Regular Commission Meeting Minutes—11/13/2013 2
INCORPORATION OF RECITALS; PROVIDING FOR AND EFFECTIVE DATE.
Sponsored by D.J.
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 to amend the agenda 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:
8. APPROVAL OF MINUTES:
Regular Commission Meeting— 10/23/2013
It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to approve the
minutes of the Regular Commission Meeting of October 23, 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
9. 17`h 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 invited everyone to attend Movie Night Out hosted by Commissioner
Barbara Jordan and Mayor Myra L. Taylor on Friday, November 15, 2013 @ 7:00 p.m. at
Sherbondy Park.
Mr. Gardner invited everyone to attend a free Jazz Concert hosted by Commissioner
Barbara Jordan and Mayor Oliver Gilbert on Friday, December 6, 2013 @ 6:30 p.m. at
Betty T. Ferguson Center.
Regular Commission Meeting Minutes—11/13/2013 3
Commissioner Johnson asked for Commissioner Jordan's support for the city's Annual
Toy Give-Away on December 21, 2013. She requested the stage from Miami-Dade
County for the Toy Give-Away.
13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
14. PUBLIC PRESENTATION:
1. Opa-locka Community Development Corp.
re: Kaboom Playground
Chris Davis, 490 Opa-locka Boulevard, Opa-locka, FL appeared before the City
Commission to request that the Kaboom Playground in the Magnolia North area be
extended to include lots 14 and 15. In addition, the Opa-locka Community Development
Corporation requested that the City Commission allow the City Manager to approve
$2,500 towards the application for soil testing for the lots.
Commissioner Johnson asked, who is the owner of lots 14 and 15?
Mr. Davis said the lots are owned by the city, but they are requesting for the playground
to be extended to include those lots.
Commissioner Johnson asked, where is the legislation to support the city playground
being extended on city owned property.
Attorney Geller said the resolution authorizes the Kaboom Playground to be extended to
the city owned lots. The city will not be transferring ownership; the city will just allow
the playground to be put on city's property.
Commissioner Johnson said the legislation is requesting $2,500.00 and in her
professional opinion the legislation does not address the folio number being owned by the
city.
She further said there needs to be liability insurance because that's the city's property.
Vice Mayor Kelley said the project has been previously approved. Why the playground
has not been built yet?
Mr. Davis said originally Kaboom gave the Opa-locka CDC two dates for the design and
build. The build date was scheduled to take place in October and the design date was
suppose to take place in August. The dates were pushed back and the design date is
November 19 and the build date is January 24. The project was start date was delayed by
Kaboom and the funders.
14a. CITIZENS' FORUM:
1. Alvin Burke of 2928 NW 132nd Street, Opa-locka, Florida, appeared before the
City Commission to discuss his concerns with regards to city employees that are city
Regular Commission Meeting Minutes—11/13/2013 4
residents not being able to drive city vehicles home for lunch. Employees have to drive
the city car back to Public Works and get their care then go to lunch.
Mr. Burke further Armando Hernandez is the owner of Armando's Carburetor and a few
months ago he was robbed at his place of business. He was a good business owner to the
residents.
Mr. Burke asked the City Commission to consider co-designating the corner of Dunad as
Mr. Armando's street.
Commissioner Santiago said Mr. Armando is still alive.
Mr. Burke said he is aware of that and he would like to see Mr. Armando recognized for
what he have done for the citizens.
Commissioner Johnson said she supports what Mr. Burke wants to do, however she
recalled the legislation stating that the person had to be deceased.
2. Eldred Redmon of 2766 NW 131st Street, Opa-locka, Florida, appeared before the
City Commission to thank Commissioner Holmes for giving the citizens turkeys for
Thanksgiving.
He further said a few meetings ago he stood before the City Commission and advocated
to discontinue the city's contract with Choice, but he was not advocating for any entity,
he just wanted choice gone. Tonight he is advocating for Ecological Recycling because
he had a chance to wake up at 6:00 a.m. to see how they operate and he was amazed with
the service. Yesterday the garbage was picked up late so he called Ecological Recycling
and they did not send a representative, the owner came to Villa Francine and that is
professionalism at its best.
Mr. Redmon commended the Opa-locka Police Department for their good work on
Halloween. They went to the homes off registered sex offenders and asked them not to
turn their lights on and not to invite children to their homes.
15. ACTION ITEMS (items from consent agenda pull list):
(19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF OPA-
LOCKA AND THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR
THE CITY'S JOB INITIATIVE PROGRAMS, FROM AUGUST 1, 2013 TO JUNE 13,
2014; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the
resolution.
Regular Commission Meeting Minutes—11/13/2013 5
Commissioner Johnson asked the City Manager for clarification on some of the
supporting documents included in the agenda.
Manager Baker said the MOU before the City Commission is a continuation of the
original MOU with the agency. The original MOU the city had with them only had a few
months left when it was approved based on the budget year that South Florida Workforce
is under.
Commissioner Johnson said that is understood, however she would like to know how the
supporting documentation integrate with what was mentioned by the City Manager.
Manager Baker said the supporting documentation was included to provide history on the
MOU.
Commissioner Johnson said she has a copy of last year's agreement and it did not have
supporting documentation, now this legislation had three previous resolutions included in
the supporting documents.
Manager Baker said their thinking was since they were utilizing the services of South
Florida Workforce to problem the city with the necessary support to provide services that
were originally considered to be contracted out. He see what the problem is and they
should have omitted included those documents in the package.
Note: This portion of the minutes is transcribed in verbatim format.
Commissioner Johnson: For the record, it is not my understanding that any of the vendors
that are in the package is a part of your legislation going forward, is that correct?
Manager Baker: That's absolutely correct.
Note: This concludes the verbatim portion of these minutes.
Commissioner Johnson said she can see if someone is doing the recruitment, but she has
a concern when she sees disapproved legislation being included as supporting
documentation.
Vice Mayor Kelley asked is the hiring of individuals for the fire hydrants including in the
MOU?
Manager Baker said yes.
There being no further discussion, the motion passed by a 5-0 vote.
Vice Mayor Kelley Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Santiago Yes
Mayor Taylor Yes
Regular Commission Meeting Minutes—11/13/2013 6
(19-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO GRANT TEMPORARY PERMISSION TO OPA-LOCKA
COMMUNITY DEVELOPMENT CORP TO INSTALL EIGHT (8) PANELS ON THE
GROUNDS AROUND HISTORIC CITY HALL IN ANTICIPATION OF ART BASEL
MIAMI BEACH, FOR THE PERIOD OF NOVEMBER 20, 2013 THROUGH THE
END OF FEBRUARY 2014; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the
resolution.
Mayor Taylor said an artist went around and took pictures of residents of the City of Opa-
locka and they would like to display the pictures on the grounds of Historic City Hall.
Commissioner Johnson said she is in support of the legislation, but she has concerns
because of the condition of the building and the air quality.
Vice Mayor Kelley said he is not going to support the item because with Historic City
Hall being under renovation no one should be around the building and he think it could
become a liability for the city.
He further said it is his personal opinion, but the building needs to be fenced until the
renovations are complete.
Mayor Taylor asked, are the any suggestions where the pictures can be displayed?
Vice Mayor Kelley said he don't know how big the pictures are in term of an alternate
site. Perhaps they be displayed around Sherbondy Village.
Eileen Allen, Opa-locka Community Development Corporation appeared before the City
Commission and said the 8 photos are life size renderings and will be placed in the
ground on 2x4 stakes.
Commissioner Santiago asked, how long the pictures will be at Historic City Hall?
Ms. Allen said it is a temporary installation and they will be up for 3 months.
Commissioner Santiago asked, who will cover the cost to have the pictures installed?
Ms. Allen said the Opa-locka Community Development Corporation will cover the cost
with a grant.
Commissioner Santiago asked, when will the renovations start at Historic City Hall?
Manager Baker said the construction will start in January or February 2014.
Regular Commission Meeting Minutes—11/13/2013 7
Commissioner Holmes asked for the exact location where they signs is going to be
installed.
Ms. Allen said they are requesting to install the pictures in the lawn at Historic City Hall.
Commissioner Johnson said she supports the idea, but the potential for liability is still
there. The building needs to be fenced off to prohibit anyone from going to the building.
Commissioner Johnson asked can the gate be fenced?
Manager Baker said yes they can, but the interior of the building is off limits.
Commissioner Johnson asked, have there been any liabilities at Historic City Hall since
it's been closed?
Manager Baker said he is not aware of any liabilities.
There being no further discussion, the motion passed by a 4-1 vote.
Commissioner Johnson Yes
Vice Mayor Kelley No
Commissioner Santiago Yes
Commissioner Holmes Yes
Mayor Taylor Yes
(19-11) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO APPROVE DESIGNATING THE CITY OF OPA-LOCKA AS
A FILM FRIENDLY ENVIRONMENT, WITH THE CITY COMMISION HAVING
THE AUTHORITY TO APPROVE FILM PERMIT REQUESTS AND THE FILMING
POLICY FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by L.S.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the
resolution.
Commissioner Holmes said the City Commission came up with a policy a year ago when
a negative movie was filmed in the city.
Commissioner Johnson said she remembers the dialogue but it was failed to be put in a
form of legislation.
She further said she would like to support the legislation but at this time she does not
have sufficient documentation to give her a comfort level.
Commissioner Santiago said policies have been changed in the city. In the past the City
Manager use to contract filming companies and that could have been the problem
Regular Commission Meeting Minutes—11/13/2013 8
because the City Commission did not have the ability to let them know what they would
like to see.
Vice Mayor Kelley addressed his concerns regarding several requirements that were
included in the agenda.
Mayor Taylor echoed the same concerns of Commissioner Holmes because the last
documentary did not show the city in a positive light.
. She recommended that the sponsor defer the item to address the Commission concerns to
give them a level of comfort.
Commissioner Santiago deferred item 19-11 until the December 11, 2013 Regular
Commission Meeting.
16. NEW ITEMS:
(16-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING RESOLUTION NO. 13-8613 AND AUTHORIZING
THE CITY MANAGER TO SUPPORT THE OPA-LOCKA COMMUNITY
DEVELOPMENT CORP (OLCDC) REQUEST TO ADD ADDITIONAL PROPERTY
LOCATION TO THE KABOOM PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXPEND $2,500.00, A BUDGETED ITEM, PAYABLE FROM
ACCOUNT NO. 32-541340; 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.
Vice Mayor Kelley said he originally sponsored legislation for Kaboom, but since the
City Manager is sponsoring the item he will address his question to him.
He said when he sponsored the item it was not budgeted; now he see the item is
budgeted.
Vice Mayor Kelley asked when the item was budgeted and why nothing has taken place.
Manager Baker said should the item be approved, the funding will come from the
operating budget of Public Works.
He further said he would have to yield to the Opa-locka CDC concerning the start up
delay.
Vice Mayor Kelley said he know money was not set aside in the budget for outside non-
profit entities.
Regular Commission Meeting Minutes—11/13/2013 9
Manager Baker said it is not specifically identified in the budget. There is an operating
line item for various items for Parks and other facilities.
Vice Mayor Kelley it is not a budgeted item, but staff is going to find a way to make it
happen.
He further said legislation was passed for the project to start; now they are being told that
there were funding issues which delayed the start of the project. If that's the case they
should still be building based on what was approved oppose to asking for two additional
lots.
Manager Baker said it is his understanding the way the project was originally laid out it
did not provide for better egress and ingress in terms of coming in and off the location
where the park will be located. The additional lots would allow better safety of cars and
traffic coming in and out of the facility.
Vice Mayor Kelley he proposed to bring the project in the city and he will not be
supporting it at this time because he is tired of thing giving to them at the last minute
when it comes to the Opa-locka CDC. If there was a problem with safety that should have
been brought to the City Commission at an earlier date.
Commissioner Johnson said she has a problem when she sees an email in the document to
staff showing the usage of lots 14 and 15 with no supporting legislation.
Attorney Geller said there is back up documentation from the City Manager that
identified the folio number.
He further said if it is the preference of the Commission the legislation can be amended.
Commissioner Johnson said under Florida Statues it is her understanding that any land or
property given must be done by an ordinance for citizen input.
Attorney Geller said the property is not being donated; the city will remain the owner.
They are requested to have playground equipment installed on city property.
Commissioner Johnson asked, was lots 14 and 15 previously included in the grant
process?
Manager Baker said the original project was a part of the Kaboom project, this is new
information based on their research and layout of the area.
Attorney Geller said without the legislation, the city will not be able to allow the Kaboom
playground to be installed on lots 14 and 15 which are owned by the city.
Commissioner Johnson pointed out section 2 of the legislation.
She further said she is not in support of constantly given to one not-for-organization.
Regular Commission Meeting Minutes—11/13/2013 10
Commissioner Santiago expressed his support of the legislation. He said the kids in that
community is in need of recreational activities.
Mayor Taylor said when the City Commission previously approved the legislation for
Kaboom; did they already have the land secured for the project?
Manager Baker said the land was included in the previous project.
Vice Mayor Kelley said November 19th has been confirmed for the design which tells him
it has already been assumed that the City Commission will pass the legislation.
He said everyone wants to see the kids have a playground; he is the person that sponsored
the original legislation so he doesn't buy that argument. If Kaboom does not build on the
property, the city's grant department should be able to find funds for a park. He is tired of
all the last minute items from the Opa-locka CDC. This has to stop at some point and the
City Commission needs to send a message.
Commissioner Holmes asked, if the legislation is passed, can the city get the $2,500.00
back?
Gisella Gustivas of the Opa-locka Community Development Corporation appeared before
the City Commission $2,500.00 cannot be refunded to the city.
There being no further discussion, the motion failed by a 3-2 vote.
Commissioner Santiago Yes
Commissioner Holmes No
Vice Mayor Kelley No
Commissioner Johnson No
Mayor Taylor Yes
(16-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE FINAL INTERLOCAL AGREEMENT
BETWEEN THE MIAMI-DADE COUNTY COMMISSION AND OPA-LOCKA
COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the
above resolution.
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
Regular Commission Meeting Minutes—11/13/2013 11
Mayor Taylor Yes
(16-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE EXPENDITURE OF TWO THOUSAND
DOLLARS ($2,000.00) TO SPONSOR THE OPA-LOCKA 12TH ANNUAL "HOLIDAY
IN THE VILLAGE TOY GIVE-AWAY", TO BE HELD DECEMBER 21, 2013,
PAYABLE FROM ACCOUNT NUMBER 79-579402, PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by D.J.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the
above resolution.
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
17. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 10-03, WHICH CREATED A NEW
SECTION (ORDINANCE NO. 86-8, ARTICLE 7, SECTION 7.5) TREE PROTECTION
PROGRAM; SPECIFYING INTENT; DESIGNATING AUTHORITY TO SUPERVISE;
ENFORCE; MODIFY AND SUPPLEMENT; PROVIDING DEFINITIONS;
ESTABLISHING TREE PLANTING STANDARDS; PROVIDING TREE REMOVAL
STANDARDS; PROHIBITING TREE ABUSE; DESCRIBING PUBLIC PROPERTY
PLANTING AND MAINTENANCE STANDARDS; APPLICABILITY TO UTILITY
COMPANIES; ESTABLISHING EMERGENCY PROVISIONS; DESIGNATING
ENFORCEMENT; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
Regular Commission Meeting Minutes—11/13/2013 12
It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the
ordinance on first reading.
Commissioner Johnson said there is a need for an arborist to join the city on the program.
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
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING SEC. 2-44 — SPECIAL MEETING OF THE CITY
OF OPA-LOCKA CODE OF ORDINANCES, CHANGING THE HOURS OF NOTICE
OF SPECIAL COMMISSION MEETINGS FROM 24 HOURS NOTICE TO A
MINIMUM OF 48 HOURS ADVANCE NOTICE, EXCEPT IN AN ACTUAL
EMERGENCY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND
SEVERABILITY; PROVDING FOR AN EFFECTIVE DATE. Sponsored by L.S.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Santiago; motion died for lack of second.
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO CREATE AN ORDINANCE PROHIBITING IMPROPER
SOLICITATION ON CITY STREETS AND PROPERTY IN ACCORDANCE WITH
PROVISIONS, SIMILAR TO FLORIDA STATUTE 337.406; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to pass the
ordinance on first reading.
Vice Mayor Kelley said there have been law suits filed and he is unsure of the latest
version.
He asked for clarity on improper solicitation.
Commissioner Johnson said it is her understanding if you have a peddler license then that
is fine, but she have seen incidents occur in the city boundaries where individuals are
harassing people if they don't give them money. This legislation is to prevent improper
begging.
Regular Commission Meeting Minutes—11/13/2013 13
Commissioner Holmes said he is in support of the legislation.
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
B. SECOND READING/PUBLIC HEARING:
C. RESOLUTIONS/PUBLIC HEARING:
19. ADMINISTRATION:
CONSENT AGENDA:
(19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
A ONE-YEAR AGREEMENT WITH EMERGENCY COMMUNICATIONS
NETWORK, INC., FOR CODERED HIGH SPEED TELEPHONE COMMUNITY
NOTIFICATION SERVICES, IN AN AMOUNT NOT TO EXCEED $9,750.00
PAYABLE FROM ACCOUNT NO. 14-512528, A BUDGETED ITEM;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
(19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
AND EXECUTE AN AGREEMENT, EFFECTICE AS OF OCTOBER 1, 2013
THROUGH SEPTEMBER 30, 2014, WITH THE OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR
THE PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY
OF OPA-LOCKA CODE OF ORDINANCES, AND PROVIDING FOR
REIMBURSEMENT TO THE STATE OF FLORIDA, AT A COST OF $16.67 PER
CASE, PAYABLE FROM ACCOUNT NUMBER 19-519493; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
(19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
AND EXECUTE AN OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF NORTH MIAMI BEACH, FLORIDA, FOR
LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
Regular Commission Meeting Minutes—11/13/2013 14
(19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
AND EXECUTE AN OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF MIAMI SHORES, FLORIDA, FOR LAW
ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECITVE DATE.
Sponsored by C.M.
(19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO
AND EXECUTE AN OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF SOUTH MIAMI, FLORIDA, FOR LAW
ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
(19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO RENEW THE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS FOR
INMATE WORK SQUAD(S), IN AN AMOUNT NOT TO EXCEED FIFTY
SEVEN THOUSAND FOUR HUNDRED NINETY-SEVEN DOLLARS
($57,497.00), A BUDGETED ITEM, PAYABLE FROM ACCOUNT NUMBER 41-
541340, FOR A PERIOD OF ONE (1) YEAR PERIOD, COMMENCING
DECEMBER 15, 2013, AND ENDING DECEMBER 14, 2014, WITH THE
OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR PERIOD;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
(19-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AMEND RESOLUTION NO. 05-6744 EMPLOYEE
PERFORMANCE EVALUATION FORM, UTILIZED TO EVALUATE THE
EMPLOYEES IN THE POSITIONS OF CITY MANAGER, CITY ATTORNEY
AND CITY CLERK, ON OCTOBER 1ST OF EACH CALENDAR YEAR;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by D.J.
(19-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO
EXPLORE THE COST OF PROVIDING AND INSTALLING WI-FI SERVICES
AT SHERBONDY PARK; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J.
The above resolutions were read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass
items 1, 3, 4, 5, 6, 7, 9, and 10 of the consent agenda.
The motion passed by a 5-0 vote.
Regular Commission Meeting Minutes—11/13/2013 15
Commissioner Santiago Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Johnson Yes
Mayor Taylor Yes
A. CITY MANAGER'S REPORT:
Manager Baker reported that November 1st the court withheld the city's recommendation
to go with the current waste management company. The fact that a ruling came down
relatively late, it created some challenges in the implementation of the residential
containers as well as the commercial containers. Staff has been in contact with the current
waste management company to address some of the locations that have not received
commercial containers. As of today he was informed that 19 businesses were left with the
expectation and commitment from Ecological Waste Services that it will be complete by
the end of the week. The Public Works Department Management has been challenged to
continue to police the city to ensure all locations have commercial and residential
containers.
He further mentioned that staff met with the previous companies prior to November 1st
and all parties agreed on a implementation schedule, but when November 1st came the
city was left to deal with the problem alone and they are still working on issues with one
of the companies in terms of picking up some of their equipment and materials.
Manager Baker further reported that the City Hall agreement has been finalized and he
hope to have it signed off by the end of the week. He will provide the City Commission
with a tentative schedule that outlines the Funding and RFP Process timeline.
He further said staff have been working closely with Charles Citrin and he is pleased to
report that they have been able to get the amount reduced for employee contribution,
however the challenge still remains in terms of co-payments and out of pocket expenses.
Manager Baker mentioned that the Helen Miller Center is wrapping up. There are some
major components that he expects to arrive within the next few weeks. It is his desire to
schedule a grand opening in December.
He further said the automation of Code Enforcement and Building & License has begun.
The Code Enforcement Officers have computers and staff is working on a software
package that will allow them to do their citations electronically. Building & License has
the software, but it was never implemented so they are scheduled for training to bring
them up to speed.
Code Enforcement has been instructed to have two hearings per month to bring forth
faster compliance.
Manager Baker said Historic City Hall has been approved and the architects are working
• to fine tune the bid specifications.
Regular Commission Meeting Minutes—11/13/2013 16
He also reported that the city has received correspondence from the state and they have
been given a favorable approval to move forth with the infrastructure projects.
Commissioner Holmes said during the budget the process he made a comment that he
will not support employees having to take furlough days, however he was informed as of
November 1st all employees must take 1 furlough day per month.
Manager Baker said that is correct and he apologize if it was not explained. During the
budget process he have committed to a list of priorities and the first was to work on
eliminating furloughs and the second was to bring forth the cost of living to the general
employees.
Commissioner Holmes asked what is the status of the new meter reader system.
Manager Baker said the system is working well and 90% of the time everything is
working as intended.
Commissioner Holmes asked what is the employment status for the employees that
installed the new meters?
Manager Baker said 4 or 5 employees were dismissed.
Commissioner Holmes said he have received complaints that North Park Charter School
6th and 7th grade classes only have one teacher.
He further said he have received numerous complaints that the residents on the east side
of Seaman Avenue to Oriental Boulevard are blocking the sidewalk with their cars.
Commissioner Holmes said he would like the City Manager to stay on the development
of City Hall.
He asked what is the status of the infrastructure design?
Manager Baker said the project is coming together.
Commissioner Holmes said he has been supporting the City Attorney but he has received
a lot of complaints that he is not getting the job done in a timely manner. He is giving
him until December 3`d to get the job done on a daily basis. If he provides the City Clerk
with the agenda items late he would like a resolution on the agenda to remove him as the
City Attorney.
He further said if Mr. Citrin cannot do something to better the employees health
insurance he want another resolution on the agenda to get another Agent of Record.
Commissioner Santiago asked, what is the status of the purchase of land to build a city
hall.
Regular Commission Meeting Minutes—11/13/2013 17
Manager Baker said they are going thru the process now. They were able to get a sample
of the building to determine of its condition. When they get the lab results they will be
able to better speak about it.
Commissioner Santiago said he received complaints from several business owners
regarding the water meters. He asked, does the entire city have new water meters?
Manager Baker replied, yes.
Commissioner Santiago said he observed several locations that still have old water
meters.
He directed the City Manager to address his concerns, because some people still have old
waters.
Manager Baker said they have been faced with some problems and that is vandalism. He
is not saying that is the case at the locations Commissioner Holmes made reference to,
but he will have staff look into the problem.
Commissioner Santiago said the city spend a lot of money and now the employees have
to take 1 furlough day per month which will affect a lot of households.
Commissioner Johnson recognized the Public Works Department for much improvement.
She said the city's telephone system has changed and she has great concerns. She called
last week and the telephone wrong 25 times then the person answered saying hello. There
is a great need for training.
Note: This portion of the minutes is transcribed in verbatim form.
Commissioner Johnson: Although I did not it in legislation for the employees $500.00
Christmas bonus. The employees will get their bonus check at the first pay period in
December.
Note: This concludes the verbatim portion of these minutes.
Commissioner Johnson said the city is an environment city and she would like to see
every office with a recycle container.
She said she appreciates the air control report, but she cannot be exposed to it.
Commissioner Johnson said she would like to see Public Works collect the old garbage
containers and store them at Public Works.
She said the community policing needs to increase.
Commissioner Johnson directed the City Manager to meet with Mr. Burke to address his
concerns made during Citizens Forum.
Regular Commission Meeting Minutes—11/13/2013 18
She further said when mold build up it will impact people. Historic City Hall may not
need to be fenced, but she doesn't want anyone to be affected by the mold.
Commissioner Johnson echoed the same concerns of Commissioner Holmes regarding
furlough days.
Vice Mayor Kelley said the City Commission did not want any of the employees to take
furlough days that why he sponsored legislation to suspend furlough days by midyear. If
it is possible later that the city come into other revenue they will reimburse the employees
for their furlough days. He asked the City Attorney to start working on that legislation to
have it documented.
He said he if there is a need to have special meetings to discuss City Hall then he is fine
with it because when he sponsored the legislation to move to 3400 NW 135th Street he
was under the impression that it will only be one year.
Vice Mayor Kelley said a cost is associated with staff having to monitor the garbage
containers. He would like the City Manager and City Attorney to look at being
reimbursed for their man power.
He asked for clarity on the letters that are being mailed out to the resident's reference to
their utility bill.
Manager Baker said when the city went thru the relocation process there were system
failure that delayed the billing cycle so when the notices finally arrived to the customers
they were late so they were notified that there will be no late penalties assessed during
that period of time.
Vice Mayor Kelley there are employees that would like to become homeowners in the
city so he would like the City Manager and City Attorney to look into legislation to make
that occur.
He asked when is the anticipated hire date for employees to work on the fire hydrant
positions?
Manager Baker said they will start employment at the beginning of January.
Vice Mayor Kelley asked, have there been any progress on the city health insurance?
Manager Baker said there has been some progress; however the biggest part is the out of
pocket deductibles.
Mayor Taylor said for 2014 she do not want a budget gap so she would like everyone to
be mindful of the spending.
She further said the city has a storage bin on NW 27th Avenue and it is not organized. She
directed the City Manager to have the storage unit cleaned out and store records on a
disk.
Regular Commission Meeting Minutes—11/13/2013 19
Mayor Taylor thanked the staff for the expeditious move to 3400 NW 135th Street.
She has observed residents with two garbage containers. The previous company needs to
collect their containers.
Mayor Taylor asked, were the citizens informed of the change of garbage company's?
Manager Baker replied, yes.
B. ACCOUNTS PAYABLE:
Susan Gooding-Liburd, Finance Director came forward and stated that all documents
required for her report are part of the package provided to the Commission. The report
includes the cash requirement report for payment due on October 31, 2013, revenue audit
trail and expenditure audit trail.
Note: This portion of the minutes is transcribed in verbatim form.
Commissioner Johnson: How often are the bank statements reconciled?
Mrs. Liburd: The bank statements are supposed to reconciled on a monthly basis.
Commissioner Johnson: I know that as a business person, but in the great City of Opa-
locka, what is your finding?
Mrs. Liburd: For the month in a half that I have been here we have gone back to
reconcile the 2012 bank reconciliation to make sure the audit is complete. So therefore
the 2013 going forward have to be on hold until we completed the 2012 to get ready for
the audit.
Commissioner Johnson: Madam Mayor I think in one of the workshops we did finance is
all our responsibility, but what I recall at that time they will be that champion. It is
crucial that monthly reconcile be done and reported. It is our judicial responsibility that
is done.
I appreciate what you have put in place, but so often we sort of not keep in line with that
because we know everything is on track.
Commissioner Johnson: What is the exact amount of money in the reserve account?
Mrs. Liburd: As October 31, 2013 the ending balance is$225,697.86.
Commissioner Johnson: Thank you so much. How much interest are we earning or do
you group it all together?
Mrs. Liburd: On this particular statement I am looking at I don't see any interest on that
but you did make a request at the last Commission Meeting to provide you with the
interest that the bank accounts are earning on a quarterly basis and that will be provided
to the Commission in December.
Regular Commission Meeting Minutes—11/13/2013 20
Commissioner Johnson: Thank you so much.
Note: This concludes the verbatim portion of these minutes.
Vice Mayor Kelley asked what is the status of the audit?
Mrs. Liburd said the auditors are still in the city and they are expected to be gone this
week. She expect to provide the City Commission with the audit at the December 11,
2013 Commission Meeting.
20. OFFICIAL BOARD REPORTS:
21. CITY ATTORNEY'S REPORT:
Attorney Geller said he have been working closely with the City Manager to expedite
matters for the City Hall. A contract was prepared and given to the City Manager with an
attempt to have it signed this week.
He further reported that they were successful in opposing the injunction that was sought
by Progressive Waste.
Attorney Geller said staff met with both of the previous waste company's and they agreed
to certain transition arrangements and they failed to honor those arrangements. The City
Manager has indicated that a corrective action was taken and he spoke to a representative
for one of the companies and informed them that they need to empty their bins or remove
them.
Commissioner Johnson asked the City Attorney to consult with her and prepare
legislation for the December 11, 2013 Commission Meeting regarding the city's bid
committee. She has concerns regarding the committee that review and make
recommendations to the City Commission.
She said the City Attorney need to take notes during the Commission Meetings or review
the DVD.
Commissioner Johnson further mentioned that she spoke to a representative for
Ecological Waste Services because of concerns she have received from business owners.
She said she have a great concern regarding contract and the length of years for the
contract. She should not see a contract for ten years when it should be three years.
She directed the City Attorney to meet with the company to assure they have a legal
contract for our business owners.
Commissioner Johnson said if the City Attorney does not meet Commissioner Holmes
mandates by December 3rd she would like to be a co-sponsor of the resolution to hire a
new City Attorney.
Regular Commission Meeting Minutes—11/13/2013 21
Vice Mayor Kelley asked, did the corrective action of the waste service include
compensation to the city?
Attorney Geller said staff first focused on trying to remedy the situation. When the City
Manager tells him the additional cost he will address that situation.
Manager Baker said he will give them until Friday then the city will use its manpower to
collect all the old containers and store them then take the matter to court until the city is
reimbursed.
22. CITY CLERK'S REPORT:
City Clerk Flores briefly mentioned that the City Commission has two vacant at-large
appointments for the Community Relations, Recreation & Activities Advisory Board.
In addition, the city has to re hold its 2nd budget hearing because it was an error in the
advertisement and the state is requiring the city to re hold the meeting. The meeting is
confirmed for November 19, 2013 @ 5:01 p.m.
23. MAYOR/COMMISSION REPORT:
Commissioner Holmes urged the citizens to come to the Annual Turkey Give-away on
November 25, 2013 @ 12:00 noon at 777 Sharazad Boulevard.
Commissioner Santiago thanked his colleagues for their guidance.
Commissioner Johnson thanked her colleagues for their participation at Dr. Robert B.
Ingram School groundbreaking ceremony.
He further reported that she attended the Alliance Healthy Generation meeting along with
the Parks & Recreation Department. They made a commitment that the city will serve
healthy food at all of its functions.
Commissioner Johnson urged everyone to participate in the city's Annual Holiday in the
Village Toy Give-Away on December 21, 2013 @ 2:00 p.m. at Sherbondy Village, 215
Perviz Avenue.
Vice Mayor Kelley thanked his colleagues for selecting board members.
He the ground breaking Ceremony at Dr. Robert B. Ingram Elementary was very well
attended.
Vice Mayor Kelley urged everyone to participate in the Council of Clergy Fellowship
and Community Feeding on November 16, 2013 @ 4:00 p.m. at Sherbondy Park
Pavilion, 777 Sharazad Boulevard.
He said he is in the process of preparing for the annual basketball classic and additional
information is forth coming.
Regular Commission Meeting Minutes—11/13/2013 22
Vice Mayor Kelley thanked everyone for the Prayers for his son.
He said the City Commission has busy schedules so he working to get interns at no cost.
Mayor Taylor thanked Mr. Days because she sees a lot of progress since he has been
employed with the city.
Mayor Taylor further announced that she will be partnering with Commissioner Barbara
Jordan on November 15, 2013 for a Movie in the Park and she urged everyone to be in
attendance.
The City Commission canceled that November 27, 2013 and December 25, 2013 Regular
Commission Meetings in observance of the holidays.
24. OFFICIAL BOARD APPOINTMENTS:
A motion was made by Commissioner Johnson, seconded by Vice Mayor Kelley to
appoint Gloria Hernandez and Jacqueline Fogarty to the Community Relations,
Recreation & Activities Advisory Board.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Johnson Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Santiago Yes
Mayor Taylor Yes
25. ADJOURNMENT:
There being no further business to come before the Commission, it was moved by
Commissioner Johnson, seconded by Vice Mayor Kelle o adjo • the meeting at 9:49
p.m.
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ATTEST:
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CITY CLERK
Regular Commission Meeting Minutes—11/13/2013 23