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HomeMy Public PortalAbout01- January 08, 2014 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING January 08, 2014 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, January 08, 2014 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 Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. APPROVAL OF AGENDA: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: 19-1, 19-7, 19-8, 19-9, and 19-10 (Commissioner Johnson); 19-13 (Commissioner Holmes). Mayor Taylor deferred item 19-3 because the city is striving not to have a budget deficit for 2014. Clerk Flores announced that Manager Baker is requesting to defer item 19-6. Regular Commission Meeting Minutes—01/08/2014 1 Vice Mayor Kelley said he agrees with Mayor Taylor's reason for deferring item 19-3, however his concern is that the city asked for proposals and we are not following through with the process which may give people the impression that the city is not serious. Commissioner Johnson said she have the same concerns as Vice Mayor Kelley. She said she would not like the item to be deferred because the recommended company has been in the community and they have a good track record. Commissioner Santiago said it is a good idea to defer the item because the city has problems with the budget. The city has to be careful with hiring companies and make sure they bring in enough revenue to pay back whatever has been spent. Mayor Taylor said if the company starts working, they want to be paid and this is a non budgeted item. Vice Mayor Kelley made reference to the language in the legislation. It says the item has to come back before the City Commission so there's leeway. He does not like the idea of putting requests out and the city shuts the process down. Commissioner Santiago said the company expects to be paid when they start providing services to the city. Vice Mayor Kelley said he does not want to prolong the conversation, but a cost will not be decided until the City Manager does negotiations and it is brought back to the City Commission for approval. Commissioner Holmes said if the City Manager has to negotiate with the company, he suggests that Mr. Baker meet with them and hear their concerns then provide the City Commission with an update. Mayor Taylor stated that she will not be deferring agenda item 19-3. 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. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Commissioner Johnson along with the Mayor and City Commission acknowledged the sponsors of the 12th Annual Holiday in the Village Toy Give-away. Regular Commission Meeting Minutes—01/08/2014 2 Mayor Taylor said Jean Joseph was laid to rest and the city presented a Resolution of Sympathy to the family. 8. APPROVAL OF MINUTES: Special Commission Meeting— 11/26/2013 It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to approve the minutes of the Special Commission Meeting of November 26, 2013. 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 Regular Commission Meeting— 12/11/2013 It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to approve the minutes of the Regular Commission Meeting of December 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. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Jordan's Office (District 1) came forward and announced that Commissioner Jordan will be introducing the Mom & Pop Grant and applications will be available on January 27, 2014. Commissioner Holmes requested Commissioner Jordan's assistance with a larger bus for the Parks & Recreation Seniors program. Commissioner Johnson thanked Commissioner Jordan for following up on the CAA inquiry. Regular Commission Meeting Minutes—01/08/2014 3 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Mayor Taylor mentioned that she received a notice from Miami-Dade County Fire Rescue that they will be generating public safety articles on a monthly basis to provide readiness, public information, resource and involvement opportunities to the residents. Their concerns in January are clutter because clutter creates heat and heat creates fire. 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Inaudible of 1224 Sesame Street, Opa-locka, Florida, appeared before the City Commission and stated that the light post in front of her home is leaning and she have called Florida Power &Light and was informed that it is the responsibility of the city. She further stated that the city recently did reason to the sewer in front of her home and they left a whole without covering it. She said the City of Opa-locka changed garbage/trash company's and her neighbor threw out a sofa and it's been sitting there for two months. The trash company has not picked up trash in two months. When they pick up the garbage the trucks leave oil spills in front of the resident's homes. She concluded by saying the grass is being cut in the alleys but they don't pick up the trash left in the alleys. 2. Eric Redmon of 2766 NW 131st Street, Opa-locka, Florida, appeared before the City Commission and stated that he followed the protocol through the City Clerk of requesting additional time during citizen's forum. Mayor Taylor said she did receive the request from the City Clerk and his request will be granted. Mr. Redmon informed the City Commission that Ecological Waste Services have employed the majority of city residents and they are the only company that does work in the city and hires Opa-locka residents. In the beginning they had challenges; however they have worked through the mishaps. Mr. Redmon said he have been in contact with representatives in Washington, DC regarding employees opting out of city insurance for the Affordable Healthcare. He further said he supports agenda items 19-7 and 19-8 because the Assistant City Manager and Chief of Police have done an impeccable job. Mr. Redmon said he should not go outside of the city and see city vehicles in parking lots. The cars are for city vehicles, not for leisure driving. Regular Commission Meeting Minutes—01/08/2014 4 3. Joann Brookins, Pastor of the Opa-locka United Methodist Church, 630 Sharar Avenue, Opa-locka, Florida, appeared before the City Commission and said the Nomads is an extended ministry of the United Methodist Church and they travel to churches across the United States that has financial problems. 4. Dave Breeznor appeared before the City Commission on behalf of the Nomads and said the organization travel around nationwide to perform volunteer services at churches, schools, and senior living facilities. 5. Alvin Burke of 2928 NW 138st Street, Apt. 328, Opa-locka, Florida, appeared before the City Commission and commended them for a job well done on the 12th Annual Holiday in the Village Toy Give-away and Bicycle Give-away. Mr. Burke said he was disappointed to see that Commissioner Holmes was the only Elected Official showed up to the Parks & Recreation Christmas program. He further stated that he has witnessed David Chiverton and Chief Jeffrey Key working after normal business hours and they deserve to receive severance pay. 6. Robert Velez of 4090 NW 132❑d Street, Opa-locka, Florida, appeared before the City Commission and stated that other vendors are parking in front of his business to sell food. Commissioner Holmes said the city does not have legislation that prohibits that. The City Commission may need to adopt legislation to prevent this from happening in the future. He said if the problem keeps occurring they should call the police department. 15. ACTION ITEMS (items from consent agenda pull list): 1. (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH INTERCOUNTY ENGINEERING, INC. FOR THE REHABILITATION OF SANITARY SEWER PUMP STATION 11B, IN AN AMOUNT NOT EXCEED $384,000, PAYABLE FROM ACCOUNT NUMBER 35- 535630, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Commissioner Santiago to pass the resolution. Commissioner Johnson asked, what any research done on the recommended company? Manager Baker said the company that is being recommended was the lowest bidder and they provided exceptional work with the City of Deerfield Beach and City of Coral Springs. Regular Commission Meeting Minutes—01/08/2014 5 Commissioner Johnson said she read online that the company has a history of change orders. Manager Baker said this is a Federal Grant and one of the criteria's was for the lowest bidder to be selected. The bids were submitted to the Federal Government prior to them being submitted to the City Commission. Commissioner Johnson requested a copy of the references along with the person that check the references. Manager Baker said change orders are unfortunate and there are times when unforeseen conditions come up. Commissioner Santiago said a document was distributed to his colleague regarding references. He asked, was that a letter of reference. Manager Baker said they are references from companies that provided services. Commissioner Santiago asked, why the references were not included in the backup documentation. Manager Baker said based on some concerns he did additional research and that information was just made available to him. Commissioner Santiago said the City Manager did additional research after the company was recommended. He further said the price is only $96,000 different and the city is not familiar with the company. Commissioner Santiago asked, is change orders a concern? Manager Baker said change orders are always a concern. Commissioner Santiago said he does not think the recommended company is suitable for the job. Commissioner Johnson made reference to the scoring sheet. Several companies are not applicable for the total scoring, what was the reason for not having a score? She said it is amazing that most of the company's were in the same price range and the recommended company price was a big decrease. Commissioner Johnson said she has a major concern that the same people sit on every evaluation committee. Manager Baker said this is a federal grant and they followed the criteria of the grant. The federal grant is specific about the selection of the lowest bidder. If there is an opportunity to save money they would like to do so. Staff feels confident that the company can do the Regular Commission Meeting Minutes—01/08/2014 6 job and they have met with the company. The Federal Government and Miami-Dade County have looked at the bid specs and scope of service and he does not want to risk losing the funds. Commissioner Johnson said the bid award amount cannot exceed total federal funds of $970,000. In the event a change order is needed, where will the funds come from? Manager Baker said if a change order is needed they will have to go back to the federal government for review. Commissioner Holmes said everyone was saying the city needs to save money. The City Manager came up with this resolution to select a company who was the lowest bidder. The lowest bidder was awarded to the waste company and at that time it was discussion that the city was trying to save money. Mayor Taylor said change orders are part of construction and that's something you cannot stop. There being no further discussion, the resolution passed by a 3-2 vote. Commissioner Santiago No Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson No Mayor Taylor Yes 2. (19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO PROVIDE FOR SEVERANCE PAY FOR ASSISTANT CITY MANAGER DAVID CHIVERTON, N THE EVENT OF TERMINATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the resolution. Commissioner Johnson said since her tenure with the city she does not recall an Assistant City Manager receiving a contract. Commissioner Johnson asked, does the current Assistant City Attorney have a contract? Manager Baker replied, no. He said the legislation will not go in affect unless the individuals are terminated with cause. Regular Commission Meeting Minutes—01/08/2014 7 Commissioner Johnson said she will support the legislation because she knows how it is in the city; however the majority of her colleagues agreed that no city employees will have contracts. She further made reference to section 2 of the legislation that reads "if he continues to be employed in the stated position for 3 months if terminated without a cause". Commissioner Johnson said the legislation needs to be amended because the individual have been in the position longer than 3 months. Attorney Geller said if the language is confusing he can re-phrase it. The legislation is not based on if they are employed for three months; it says they are getting benefits which will accrue if they were employed for three months. The intent is that they should be entitled to receive three months pay. Commissioner Johnson said she wants the language clear in case something happens to the individual. She further said she saw a police officer today that no longer works for the city, but they still have city property. Attorney Geller said he can clarify the language by inserting the following words "to receive severance equal to and strike the word for". Commissioner Johnson said if you work in the great City of Opa-locka in key position there is a need for coverage because everyone has a family and they need to live. Commissioner Holmes said resolutions go in affect when they are adopted. It was moved by Commissioner Johnson, seconded by Commissioner Santiago to amend section 2, line 5 to include the following words "to receive severance equal to three months". Vice Mayor Kelley said he have no problems with Mr. Chiverton or Chief Key. He has heard the term coverage and comfort level. If you are going to give people a comfort level because their job is put in harm's way then you not single out two people, it should be available to every department director so they can do their job and not feel threatened. This is setting a bad precedence by doing this because when you pick and choose certain individuals, it becomes who's popular. There are code enforcement officers and other employees trying to do their job that may feel threatened. He would like to see if offered to every director because they work hard as well. There needs to be a set policy for department director's severance pay. He further said he like the Assistant City Manager and the Chief of Police and yes they do call on them because of the position they are in. Vice Mayor Kelley said he will not support the amendment or the resolution in its current form because there needs to be a policy set for everyone. Regular Commission Meeting Minutes—01/08/2014 8 Commissioner Johnson said she agrees with the comments made by Vice Mayor Kelley and she will like to remove her motion. Commissioner Holmes said if the motion is removed, then the resolution will automatically be on the consent agenda. Commissioner Johnson said she pulled the resolution for discussion and she is recommending an amendment. If she pulls her amendment, the body of the resolution will remain the same. There being no further discussion, the resolution passed by a 4-1 vote. Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes Vice Mayor directed the City Attorney to prepare legislation for the next Commission Meeting to include every department head for the same severance pay. Commissioner Holmes said if legislation comes back for other employees, it should not be the same as the Assistant City Manager and Chief of Police. 3. (19-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO PROVIDE FOR SEVERANCE PAY FOR POLICE CHIEF JEFFREY KEY, IN THE EVENT OF TERMINATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the resolution. There being no discussion, the resolution passed by a 4-1 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley No Mayor Taylor Yes 4. (19-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH BURTON AND ASSOCIATES FOR AN IMPACT FEE STUDY, IN AN AMOUNT NOT TO EXCEED $30,000, PAYABLE FROM ACCOUNT NUMBER 37-515340, A BUDGETED ITEM; PROVIDING FOR Regular Commission Meeting Minutes—01/08/2014 9 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 resolution. 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 5. (19-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO OBTAIN A SECURITY PATROL FOR SEGAL PARK, AND FURTHER TO RATIFY PRIOR EXPENSES FOR SAME, PAYABLE FROM ACCOUNT NUMBER 72-572461, A NON-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 Johnson, seconded by Commissioner Santiago to pass the resolution. Commissioner Johnson said this is a non-budgeted item, where will the money come from? She asked, why the Police Department/Reserve officers patrol segal park? Manager Baker said this is his recommendation due to the nature of the site and the various type of equipment in the building. He said he will be allocating funds from the operational side of the budget. Commissioner Johnson said the challenge grant was deferred from the agenda, but she notice it includes two personnel in the budget, but those positions are also listed in the city's budget. Vice Mayor Kelley said he sponsored the legislation because he was not sure when the city will take over the building and he did not want the building to be left unsecured. He asked is it his knowledge that the city has not received control over the building. Manager Baker said one the contractor demobilized from the facility it becomes the responsibility of the city to protect it. Regular Commission Meeting Minutes-01/08/2014 10 Commissioner Santiago said he would like to sponsor the legislation, but he wants it to include Public Works. He said the police department has a job to do and they cannot be the security at the Helen Miller Center. Commissioner Santiago requested a report of how much equipment have been stolen from Public Works within the past 6 months. There is a lot of expensive equipment at Public Works and there is a great need for security. Attorney Geller said the resolution can be amended, but he needs to know will the funds come from the same line item. Manager Baker said it will be a different line item. It was moved by Commissioner Santiago, seconded by Commissioner Holmes to amend the end of section 2 to add "and in addition directs and authorizes the City Manager to obtain security patrol services for the Public Works Department site". Commissioner Santiago said they will get the money to cover the cost. The city has to stop hiring unnecessary staff. Vice Mayor Kelley said he does not have a problem with the amendment, but the security provides services to the park from 6:00 p.m. — until the next morning. If you do the same thing at public works, how will that work? Commissioner Santiago said whoever goes to Public Works afterhours will be requested to present identification to the security. There being no further discussion, the amendment passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes Regular Commission Meeting Minutes—01/08/2014 11 6. (19-13) 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 COMMISSION 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 Holmes, seconded by Commissioner Santiago to pass the resolution. Commissioner Holmes said when the legislation came before the City Commission before it was suggested that the language be changed. He asked, has that been done? Commissioner Santiago replied, yes. Commissioner Santiago said any company wishing to do filming in the city must appear before the City Commission for approval before a contract is signed. Mayor Taylor asked, is a permit policy included in the resolution? Attorney Geller replied, yes. Attorney Geller said for the record it is possible that this policy can be subject to challenge. Mayor Taylor said she is uncomfortable because of past experience. Commissioner Santiago said our city has a lot of rules and regulations that everyone follows. The City Commission will be the people to decide if a company can film in the City of Opa-locka. Commissioner Johnson expressed her concerns after reading B roll of the legislation that states a film permit is not required as long as certain criteria's are met. Attorney Geller said B roll refers not to characters doing dialogue, not to people saying lines from the script; it is filming for back ground. Commissioner Johnson said she wants to make sure the language is included to protect the city. Regular Commission Meeting Minutes—01/08/2014 12 Commissioner Johnson asked the City Attorney is it her understanding if a person is filming in the city and they don't have to show general liability insurance because they are doing B roll. Attorney Geller said they cannot be on city property. There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Johnson Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 16. NEW ITEMS: 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: B. SECOND READING/PUBLIC HEARING: C. RESOLUTIONS/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LCOKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR DESIGN BUILD SERVICES FOR THE REHABILITATION OF SANITARY SEWER PUMP STATION 7, PAYABLE FROM ACCOUNT NUMBER 35-535630, 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, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH CIRCLE OF ONE MARKETING AS EVENT PLANNER CONSULTANTS FOR THE CITY OF OPA-LOCKA, PURSUANT TO RFQ NO. 13- 1110100 AND RESOLUTION NO. 13-8647, TO PROVIDE PROFESSIONAL QUALIFIED EVENT PLANNING SERVICES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH FINAL APPROVAL BY THE CITY COMMISSION, Regular Commission Meeting Minutes—01/08/2014 13 PAYABLE FROM ACCOUNT NUMBER 19-519312, A NON-BUDGETED ITEM; 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, AUTHORIZING THE CITY MANAGER AND THE CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A VOLUNTARY COORPORATION AND AN OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI BEACH, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH JESSIE TRICE COMMUNITY HEALTH CENTER (JTCHC) AND THE CITY OF OPA-LOCKA SENIORS ON THE MOVE PARKS AND RECREATION DEPARTMENT (SITE), EFFECTIVE JANUARY 1, 2014, FOR A ONE YEAR PERIOD FOR PHYSICAL FITNESS EXERCISE ACTIVITIES AND EDUCATIONAL SESSIONS REGARDING VARIOUS HEALTH AND FITNESS TOPICS, AT A COST OF $1,539.12, PAYABLE FROM ACCOUNT NUMBER 72-572552, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. (19-11) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO RESCIND RESOLUTION NO. 13-8565, FOR HOME OWNERSHIP PARTNERSHIP WITH OPA-LOCKA COMMUNITY DEVELOPMENT CORP ("OLCDC") TO ASSIST CITY EMPLOYEES WITH HOMEOWNERSHIP ACQUISITION PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. (19-12) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO SEEK AND ESTABLISH A PLAN, BY WHICH THE CITY CAN PRESENT OBAMA CARE/AFFORDABLE CARE ACT ("ACA") TO CITY EMPLOYEES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolutions were read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass items 2, 3, 4, 5, 11 and 12 of the consent agenda. 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—01/08/2014 14 Mayor Taylor Yes Commissioner Holmes directed the City Manager to provide a written report within 60 days regarding Obama Care for city employees. A. CITY MANAGER'S REPORT: Manager Baker reported that the financial report was transmitted to the State of Florida and was received on December 31, 2013. He is in the process of planning his annual trip to Washington and Tallahassee to work on additional funding for some special needs in the community. Special Training is scheduled to begin in two weeks for the Code Enforcement and Building/License departments in an effort to completely automate both departments. Manager Baker informed the City Commission that they are moving full speed ahead on historic City Hall. Bid packages should go out within the next week and they will be out for one month, after that a recommendation will be provided to the City Commission for the contractor to begin work. He further mentioned that bid proposals are scheduled to arrive January 14, 2014 for financing of City Hall, shortly after that he anticipates scheduling closing on the property. They have completed due diligence of the site in terms of environmental and historical structure. The report of the historical structure has been submitted to the county and state and it has been deemed by the structure engineer as unsafe. Manager Baker said Senior Management Training will be conducted on January 11, 2014 to add more efficiency to the city's operation. Funding will be available through the state to begin citywide infrastructure improvements and 2014 will be a busy year for the city. Commissioner Holmes asked, when will the furlough days be discontinued? Manager Baker said by February the city should be in a good position to end the furlough days. Commissioner Holmes said with regards to the new senior living facility, he has received several calls from citizens saying African Americans are being discriminated. He further said he have received calls that the sound on the city's television station was inaudible and Nelson Rodriguez have assured him that the problem was resolved. Commissioner Holmes directed the City Manager to look into all employees getting a 3% increase. Commissioner Santiago expressed his concerns about walking in the halls at City Hall and seeing new employees every day. The employees are making comments because they Regular Commission Meeting Minutes—01/08/2014 15 are forced to take furlough days and new employees are being hired. He recommended that the staff get additional hours instead of hiring additional staff. Commissioner Santiago requested a report to be submitted on tomorrow, January 9, 2014 of how many personnel have been hired within the last two months. Commissioner Johnson said she is concerned about all of the access hiring. She requested a report to be submitted on tomorrow, January 9, 2014 of how many personnel have been hired within the last 90 days. She further mentioned that some of the Personnel Action Forms she has are from 2012 and the staff was assigned to work for 6 months and they are still employed. If you reduce hiring temporary staff and allow staff to do the work. Commissioner Johnson said she have requested the mileage log 9 months ago and still have not received it. She has observed a lot of city vehicles in weird places and weird times. In 2008 the city had a program and all city vehicles had a sticker on the back to report their driving. That program needs to be in place because she has concerns of how staff drives the vehicles. Commissioner Johnson said a year ago a police officer appeared before the City Commission and they had 800 hours of sick leave with the city and as of today they have not been compensated for their time. Commissioner Johnson requested that the City Attorney provide a requested response as to why the person was not compensated for their time. She thanked the Assistant City Manager for putting the no dumping signage in Superior Gardens. Commissioner Johnson said funds were previously approved for gym equipment at Sherbondy Village. She asked what is the status of the equipment? Manager Baker said the equipment should be ordered by the next Commission meeting. Commissioner Johnson said for the record she tried to gather all of the schools and programs together for the holiday showcase. She was notified of the Parks & Recreation holiday program a day before the event and she had prior engagements. She further said she will be meeting with the Educational Compact Committee tomorrow to help promote the MLK Walk because the city's Public Relations and Marketing is not sufficient. Commissioner Johnson said Mayor Taylor spoke about including daycares in the Educational Compact; however it does not include daycares so the city has to handle that separate. Regular Commission Meeting Minutes—01/08/2014 16 Vice Mayor Kelley said he agree with his colleagues with regards to the amount of new hires in the city. He is not in the office as much, but he have noticed a lot of new faces. He said he has a major concern with the old water plant being used as a truck stop storage facility. He was informed that the trucks were going to be moved, however the number of trucks have increased. Manager Baker said the trailers are being moved. When the city converted to the ninety five gallon containers, the trucks came in and they needed somewhere to unload the containers and deploy them throughout the community. It was never the city's desire to have the trucks there for a long time; they have far exceeded their welcome. The owner has been instructed to move the trucks immediately. Vice Mayor Kelley asked, is the employee recognition program in place? Manager Baker said the first two employees will be recognized at the next Commission Meeting. Vice Mayor Kelley mentioned that the apartments on 22nd Avenue have been sold. He asked did the city collect revenue from the liens on the property before it was sold? Manager Baker said he will get an answer and provide it to the City Commission in writing. Vice Mayor Kelley asked, is the fire hydrant program still in progress? Manager Baker replied, yes. Mayor Taylor asked are the apartments including the electrical room being inspected? Manager Baker replied, yes. Manager Baker said the entire building must be inspected under the landlord tenant program and all doors must be opened and inspected. Mayor Taylor said there are buildings in the Magnolia North area that are condemned and needs to be demolished. Manager Baker said there are about 25 properties throughout the city that have been presented to the unsafe structure board; they have been approved and are ready for demolishing. The city is trying to tap into a funding source that the county has that will give the city the approval to do the demolishing without spending the city funds. Mayor Taylor said she received complaints regarding the trucks traveling on Service Road and they are in need of speed bumps. Manager Baker said once the weather subside staff will begin to install speed bumps throughout the area. Regular Commission Meeting Minutes—01/08/2014 17 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 December 23, 2013, revenue audit trail and expenditure audit trail. Vice Mayor Kelley asked, did the city have to paint the walls at Town Center when we moved? Manager Baker said unfortunately the city had to restore the location. Vice Mayor Kelley asked, were the services done in-house? Manager Baker said the city attempted to do some of the work and it created a lot of back and forth so he decided to go with the company provided by the owner. Commissioner Johnson asked, how much money is in the reserve account? Mrs. Liburd reported that the reserve balance remains at $225,697.86. Commissioner Johnson said staff agreed to come with a plan to replace the money back into the reserve and as of today there is no plan of action. Commissioner Johnson requested a written response as to a reasonable time to receive a plan of action to replace the funds taken from the reserve account. She said the HUD grant that was deferred covers 40% of salaries. She would like to see where that reflects in the budget. Commissioner Johnson asked that the finance department work on cleaning the grant up before the next Commission Meeting. She said the bank reconciliation report was emailed today, but she needs a copy of the statement and how it was reconciled. Mrs. Liburd said the electronic version does have the statement, but she can print the document and provide copies. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller said he submitted a written report and will be happy to address concerns from the City Commission. Commissioner Holmes said he does not get involved with the day to day operations of firing staff. All he is asking is for the City Attorney to do what is necessary and be available when staff needs his assistance. Regular Commission Meeting Minutes—01/08/2014 18 Commissioner Johnson asked the City Attorney have he been adhering to the work schedule he presented? Attorney Geller said yes. His personal assistance Francine Williams, Michael McDearmaid, and Ometh Aubrey was in the office and will continue their work in the City Attorney's Office. Commissioner Johnson directed the City Attorney to inform the City Commission if the schedule changes. Commissioner Johnson directed the City Attorney to prepare all agreements for the city, including the agreement for security services. 22. CITY CLERK'S REPORT: Commissioner Johnson asked, what is Sha'mecca Lawson's position? Clerk Flores said she is the Executive Secretary for the Mayor/City Commission. Commissioner Johnson asked is she a Deputy Clerk. Clerk Flores said she is certified as a Municipal Clerk and is also a Deputy Clerk, but she is not the Assistant City Clerk. The Formal City Clerk said all of her staff was Deputy Clerk's. Commissioner Johnson said she received a phone call that the City Clerk was going to hire an Assistant City Clerk and she thought that was Sha'mecca. Clerk Flores said she plans to do so. There is a vacancy because that was her position. When she was appointed City Clerk, that position was never filled and there is a vacancy in the City Clerk's Office. Commissioner Santiago asked said the City Clerk's Office has three people in addition to the City Clerk and he thought Sha'mecca was the Deputy Clerk. He said there is not a need for another person. Clerk Flores said at times it's difficult to handle the duties so Sha'mecca has been helping her as far as the Assistant City Clerk, but her title is Executive Secretary to the Mayor/Commission. Commissioner Santiago asked, when will her title be changed? Clerk Flores said soon, she plans to do that. If you recall during the budget process they were recommending taking that position away. The City Commission authorized the position to be included in the budget. She was waiting after the holidays so that is in her plans. Mayor Taylor said that's her area. Regular Commission Meeting Minutes—01/08/2014 19 Commissioner Holmes said he is sure the City Clerk's knows what's best in her department. It's been echoed on numerous occasions about Sha'mecca Lawson moving up; she does the work as Assistant City Clerk and Secretary to the City Commission. He cannot make the City Clerk make that decision; he can only make a recommendation and his recommendation caries a lot of weight. 23. MAYOR/COMMISSION REPORT: Commissioner Holmes wished everyone a Happy New Year and said he is happy for his colleagues. Commissioner Santiago said he wants to continue to provide good services and representation for the citizens. He thanked his colleagues for their advice and leadership. He said he will try to bring in revenue to the city and not use city funds for events. He plans to host a carnival in March at no cost to the city and a circus in August. Commissioner Holmes directed the City Manager to place radars on Jann and Seaman Avenue in an effort to reduce speeding. Commissioner Johnson thanked her colleagues for their support with the Holiday Showcase and Annual Toy Give-away and a special thanks to Commissioner Holmes for the Bicycle Give-away. She mentioned that she will be meeting with administrators regarding the Educational Compact to get their feel as to what direction to go in and there after meetings will be held on a monthly basis. Commissioner Johnson said she followed up with healthy alliance to work with the Parks & Recreation Department and she will recues herself from voting when the item comes before the City Commission. Vice Mayor Kelley commended Commissioner Johnson and Commissioner Holmes for the holiday celebrations. He encouraged everyone to attend the Annual MLK Walk on Saturday, January 18, 2014 @ 9:00 a.m. Vice Mayor Kelley said he will be sponsoring an Healthcare Enrollment and Resource Fair along with State Senator Oscar Braynon on January 21, 2014 from 2:00 p.m. — 8:00 p.m. He thanked Mr. Adderly and the Office of the City Manager for their hard work with putting the event together. He announced that he will be hosting a Farm Share Food Distribution on Friday, February 7, 2014 @ 9:00 a.m. at Helen Miller/Segal Park. Vice Mayor Kelley said he will be hosting a Gang Violence reduction forum on February 27, 2014 at Helen Miller Center. Regular Commission Meeting Minutes—01/08/2014 20 Vice Mayor Kelley and Commissioner Santiago will continue hosting their monthly clergy meetings on the 2nd Thursday of each month at 11:30 a.m. at Sherbondy Village. Vice Mayor Kelley said he have been working on getting interns for the City Commission and the City Manager's Office should be meeting with the City Commission to give them additional information. To the City Attorney, Vice Mayor Kelley requested that he create an agreement for the interns since they will not be compensated. His intent is to have some of the interns in the office at Helen Miller for the One Stop Service Center. Commissioner Holmes reported that the Mayor's State of the City Address will be held on Friday, January 31, 2014. Mayor Taylor thanked Public Works for decorated the 22nd Avenue corridors for Christmas. She thanked the Police Department for the gun buyback program in the city. In addition, she thanked them for the task force they have implemented in an effort to reduce crime. Mayor Taylor said she would like to see CET involved more in the community. She said she will be conducting a Town Hall vision meeting to explain the city's vision to the public. While out shopping, Mayor Taylor said she had an opportunity to hear citizens concerns. She will be putting forth a suggested procedure form and survey for the citizens to hear their concerns. Commissioner Johnson said quality of education was added in the Educational Compact for business to contribute a portion of their impact fees to the compact. Mayor Taylor said 2014 she does not want to end the budget with a deficit. Please keep in mind there may be sponsors for events, but the city has to pay overtime to staff for working at the events. Commissioner Johnson said the city's Chief of Police may in inducted in the 5000 Role Models of Excellence Breakfast. Vice Mayor Kelley said he hear a lot of concerns from citizens that their reason for not attending the Commission Meetings are because of the time. He suggested the meetings be held in various locations throughout the city to attract citizens. He said he was not in favor of convertibles for the MLK parade because you have to pay staff overtime to drive the cars. The commission had agreed to get a float to eliminate the cost of vehicles and staff overtime. Regular Commission Meeting Minutes—01/08/2014 21 Mayor Taylor said she was hoping everyone could drive their city vehicles. She asked what is the status of the float? Vice Mayor Kelley said he is in the process of working on getting a float. Commissioner Holmes and Mayor Taylor said they are in favor of driving their city vehicles. Commissioner Holmes said more people will attend the Commission meetings if the time is changed. 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to adjourn the,tearrig.at 10:07 p.m. • M A OR ATTEST: CITY CLERK Regular Commission Meeting Minutes—01/08/2014 22