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HomeMy Public PortalAbout02- February 12, 2014 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING February 12,2014 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, February 12, 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 Pastor Gregory Harris, Solid Rock Primitive Baptist Church. 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, 19-4, 19-8, 19-9, and 19-10 (Commissioner Johnson); 19-6 and 19-7 (Commissioner Santiago). 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 Santiago Yes Regular Commission Meeting Minutes—02/12/2014 1 Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Vice Mayor Joseph L. Kelley along with the Mayor and City Commission acknowledged the City of Opa-locka School Crossing Guards in recognition of Crossing Guard Appreciation Day. Mayor Taylor along with the City Commission recognized Eloy Romo for his many years of dedication and community involvement in the City of Opa-locka. She said it was brought to her attention that something she said during her State of the City speech may have offended Vice Mayor Kelley, but rest assured there was no malice intended. Mayor Taylor offered her public apology to Vice Mayor Kelley. Vice Mayor Kelley thanked Mayor Taylor for her apology. Commissioner Timothy Holmes along with the Mayor and City Commission acknowledged several business owners for their contribution towards the Annual Turkey and Bicycle Giveaway. 8. APPROVAL OF MINUTES: Regular Commission Meeting—01/22/2014 It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve the minutes of the Regular Commission Meeting of January 22, 2014. 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 9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Regular Commission Meeting Minutes—02/12/2014 2 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: 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Mertis Thrower of 1045 Sultan Avenue, Opa-locka, Florida, appeared before the City Commission and said her issue has been addressed by Commissioner Johnson and the Assistant City Manager, but for the record she had a problem pertaining to a fine she received for cleaning the alley behind her home. She further asked the City Commissioner for their assistance with an outstanding water bill she received in the amount of$2,000. 2. Patricia Ellis of 1146 Dunad Avenue, Opa-locka, Florida, appeared before the City Commission and asked for clarity on agenda item 19-4. She said section 2.1.1 letters A and D seems to be a conflict. She further made reference to agenda item 19-5. Ms. Ellis asked, are there any particular areas for internship? 3. Alvin Burke of 2928 NW 132nd Street, Apt. 328, Opa-locka, Florida, appeared before the City Commission and said he is happy to see term limits are being recognized, however he asked have the City Commission considered district voting in the City of Opa-locka. 4. Antonio Cope of 1355 Ali-Baba Avenue, Apt. B6, Opa-locka, Florida, appeared before the City Commission and said he committed several crimes before the age of 12 and he is proud to say the Opa-locka Police Academy Program saved his life. After visiting the building a few weeks ago he was informed the program no longer exists. He asked the City Commission to consider re-opening the program to help young men in the community. 5. Jesus Lopez of 13205 Cairo Lane, Opa-locka, Florida, appeared before the City Commission and complained about the rail road tracks being closed without notification to the business owners. His business lost a lot of money because the road was closed and there was no access to his company. He further said Cairo Lane, Alexandria Drive, and 127th Street is in desperate need of repair. It has been 20 years and nothing has been done to the roads in that area. Commissioner Johnson said the City had a workshop prior to the Commission Meeting regarding transportation and Cairo Lane was on the list as a priority for repairs. Regular Commission Meeting Minutes—02/12/2014 3 She directed the City Manager to post those correspondences on the city's website to enhance the City's communication. 6. Eduardo Rodriguez of 12880 Port Said Road, Opa-locka, Florida, appeared before the City Commission and said the automobile salvage industry is suffering. He said 127th Street is deplorable and they need access to go in and out. Most cities would welcome automobile salvage businesses. Bringing vibrancy to the area will bring more tax dollars to the City. Commissioner Santiago said the City Commission is interested in fixing that area to make it beautiful for the business owners. 7. Jose Lezama of 12755 Cairo Lane, Opa-locka, Florida, appeared before the City Commission and said on February 10, 2014 a fire occurred on his property and 115 cars were engulfed in flames beyond recognition. When the Fire Department arrived they were extremely late and he asked them for an explanation as to why they were late and he was informed that they could not locate the street because of its condition. Once they located the street there were too many pot holes in the area so they had to take their time while there was a fire occurring. The water hydrant was 400 feet away so they had to wait for additional fire trucks to connect hoses to extinguish the fire. Commissioner Johnson said she just heard a cry for help and she is expecting the City Manager to provide a Plan of Action within one week. Commissioner Holmes said the comments he have heard are not new. He has been dealing with the business owners on Cairo Lane since the 90's and yes he does agree that the road is deplorable. Over the years on several occasions the city has filled the pot holes in that area. He further said last year the City Commission past legislation for $48 Million Dollars to begin infrastructure in the City of Opa-locka and the City Manager have began to identify areas that are a top priority and Cairo Lane is on that list. Vice Mayor Kelley said he concur with Commissioner Johnson, there is a need for a Plan of Action. The city need a short term and long term plan to address some of the immediate concerns. He suggested that the City Manager convene a meeting next week with the business owners to address the short term and long term plan. 8. Terence Pinder of 250 Sabur Lane, Opa-locka, Florida, appeared before the City Commission and said President Barack Obama have allocated $1.2 Billion Dollars for summer youth employment and the youth in the City of Opa-locka are in need of employment. Mr. Pinder said he was in support of the gateway roundabout, however he was not in support of it being paid from PTP funds and 80% of PTP funds can be used for salaries. There is a cry from the employees at City Hall because they have not received a 3% increase or merit increase for almost seven years. Regular Commission Meeting Minutes—02/12/2014 4 9. Deborah Sheffield Irby of 14202 NW 17th Avenue, Opa-locka, Florida, appeared before the City Commission and voiced her concerns regarding agenda item 19-4. Section C of the resolution seems to be a conflict. There is a need for a Town Hall Meeting to get input from the citizens. She further said there has been a lot of activity at the liquor store on Wilmington Street and 22nd Avenue. The building has painted and people have been working on the roof. Mrs. Irby said she have asked is another liquor opening at that location and was told no. 10. Eloy Romo of 13300 NW 42nd Avenue, Opa-locka, Florida, appeared before the City Commission and said when it rains in the City his business is affect by the sewer problems. 11. Angel Vargas of Cairo Lane, Opa-locka, Florida, appeared before the City Commission and said they don't have support from the City. Mayor Taylor said it's an insult to say the City Commission is not helping the business owners on Cairo Lane. It cannot be fixed over night and the City is in the process of addressing the issues on Cairo Lane. Mr. Vargas said if he offended the City Commission he apologizes, but as a business owner he is offended that they have been asking for help for many years. Commissioner Johnson said the City Commission asked what they can do to get people out and she has not seen a Commission Meeting well attended like this evening during her tenure. The City Commission has to show the business owners that they are all on the same team. 12. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City Commission and said he is opposing to agenda item 19-4 in its present form. He further said he was the Mayor of the City of Opa-locka when Cairo Lane was added to the Comprehensive Plan. The road has been fixed three times and he asked the City Commission not to make the same mistake that have occurred in the past. Drainage is a major issue in that area because the water sits and absorb in the ground which causes potholes. Commissioner Holmes said the City is in the process of improving its infrastructure. Commissioner Santiago said for the record he would like it to be clear that the people came to the Commission Meeting for a reason and they are welcome to call him at any time. Mayor Taylor said Cairo Lane is not a new issue and the people are welcome to call every member of the City Commission to voice their concerns. Regular Commission Meeting Minutes—02/12/2014 5 13. (Inaudible) of 1103 Jann Avenue, Opa-locka, Florida, appeared before the City Commission and if the citizens have issues they need to speak up and let the City Commission know, because if they don't speak no one will be aware of their problems. He further said he is very grateful to Commissioner Santiago and he will vote for him for whatever office he runs for. 14. Manny Dorta of (Inaudible) appeared before the City Commission and said he is not a business owner of the city but he is an employee of business located on Cairo Lane. The City Commission has helped over the years by patching the roads, but they have not fixed the roads. He said suffered countless flat tires, mosquito bites, and it's hard to go to work every day. He had to purchase a small car because when it rains to damage cars. Other companies do not want to deliver parts to his place of employment because of the damage that may occur to their vehicle. Commissioner Johnson said the work will start soon, however it will impact the businesses. 15. Abraham Ludman of 13060 Cairo Lane, Opa-locka, Florida, appeared before the City Commission and thanked them for during the job they are doing to better the City. He said Trademark Metals is the reason the streets in that area are deplorable and he has pictures of the trucks with four times the maximum weight. 16. Eugene Stanley of 1981 Johnson Street, Opa-locka, Florida, appeared before the City Commission to thank them for their hard work in the Magnolia North area. 17. Daisy Torono of 3005 NW 132nd Terrace, Opa-locka, Florida, appeared before the City Commission to voice her concerns regarding a lien she received. She said she paid the violation in 2008, however she have not stopped receiving the violation letters. 18. Johnnie M. Greene of 2091 Wilmington Street, Opa-locka, Florida, appeared before the City Commission to thank Vice Mayor Kelley and Senator Braynon for the Farm Share Food Distribution. She said there are people with disabilities that wanted to be there but was unable because of their disabilities. She asked, can she work with the Vice Mayor in the future to get food for those unable to attend. Vive Mayor Kelley said one of FarmShare requirements is that the people must be physically present to sign the form. In the future if you can transport people to the event a representative from FarmShare will take the sign in form to them. Ms. Greene said she is saddened to know that a truck stop is located on NW 135th Street when the citizens voted not to have a truck stop at that location. She further said Wilmington Street is experiencing a lot of problems with drainage. When it rains she cannot get out of her yard because of the flooding. 19. Eric Redmon of 2766 NW 131St Street, Opa-locka, Florida, appeared before the City Commission and asked for clarity on agenda item 19-4, the legislation is conflicting. Regular Commission Meeting Minutes—02/12/2014 6 Mr. Redmon further expressed his concerns regarding trucks parking on 131st Street obstructing traffic. Commissioner Johnson said she asked for a written report last week and have not received a response, therefore she is requesting that the City Manager elaborate on the trucks being parked at the vacant lot on 135th Street. 20. Jose Gonzalez of 1131 Jann Avenue, Opa-locka, Florida, appeared before the City Commission to inform them that he paid a water bill in January in the amount of$327 for water and there's only two people living in the home. 21. John Cook of 14580 NW 27th Avenue, Opa-locka, Florida, appeared before the City Commission and said in a city the size as Opa-locka when someone is elected it is very easy to continuously be re-elected and it's a tradition in this City. Term limits provide an exchange of new people and new ideas. He welcome term limits, unfortunately after reviewing the legislation there are several flaws that are contradictive. Commissioner Holmes said he have heard the discussion about term limits. The citizens of Opa-locka are the term limits,if you are not doing a good job they will vote you out. 15. ACTION ITEMS (items from consent agenda pull list): 1. (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE THE AGREEMENT WITH LIMOUSINES OF SOUTH FLORIDA, INC. IN AN AMOUNT NOT TO EXCEED $46.00 PER HOUR AS PER CONTRACT DATED JANUARY 26, 2011, ENSURING CONTINUITY OF THE SHUTTLE BUS SERVICES, PAYABLE FROM ACCOUNT NUMBER 44-541810, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the resolution. Note: This portion of the minutes is transcribed in verbatim form. Commissioner Johnson: To the sponsor which is the City Manager. In the support package,for clarification was the schedule for Saturday inclusive? Manager Baker: Madam the contract for Saturday has already been approved. In viewing the contract it was discovered, although the service continues that we had a contract in file that had not been approved by the Commission so that's what this is. This is the north and south route, there's a separate piece that deals with Saturday services that's currently enforced. Commissioner Johnson: Okay, I'm only asking because if I understand this correctly it's per the contract dated January 26, 2011 and 2011 we had no Saturday schedule. I Regular Commission Meeting Minutes—02/12/2014 7 understand you are trying to get the agreement but because you are doing a renewal remember the previous one we did, we did a resolution to add Saturday in. In addition to adding Saturday in we did a 151st Street because there were concerns from citizens but I just want to make sure it's included. Manager Baker: Yes ma'am. There being no further discussion, the amendment passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes 2. (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING ARTICLE II OF THE CHARTER OF THE CITY OF OPA-LOCKA, FLORIDA, BY LIMITING THE TERMS OF OFFICE FOR THE MAYOR AND COMMISSION TO EIGHT (8) CONSECUTIVE YEARS; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON AUGUST 26, 2014, FOR THE PURPOSE OF SUBMITTING SAID CHARTER AMENDMENT TO THE ELECTORATE AT SAID REFERENDUM; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; 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 Vice Mayor Kelley to pass the resolution. Commissioner Johnson said she is in support of term limits; however she cannot support this item in its current form. She asked the sponsor to revise the legislation and get dialogue from the citizens. After 8 consecutive years the person should be termed out and no allowed to serve. Vice Mayor Kelley said he can support term limits, but not in its current form and he is not in the position to vote on the legislation this evening because there is a need for a Town Hall Meeting to hear the citizens concerns. He asked, what is the time frame for the August Special Election? Clerk Flores said the resolution has to be submitted in May. Vice Mayor Kelley suggested that the sponsor defer the legislation and schedule a Town Hall Meeting to get citizen's input and revise some of the wording. Regular Commission Meeting Minutes—02/12/2014 8 Commissioner Holmes said he will not support the legislation because he was informed that the legislation is to get rid of him. He thanked the citizens for re-electing him to office for almost 20 years. Commissioner Santiago said he echoes the comments made by Vice Mayor Kelley. Attorney Geller said for clarification all the items has to be read together and he is very comfortable. Section D which says the length of service begins to be measured as of this November, which is consistant with saying there will be eight year term limits. They are not conflicting because they must be read together and there has to be a start date. Mayor Taylor thanked her colleagues for their support on the legislation. She deferred item 19-4. Mayor Taylor said this legislation is not directed to any of her colleagues. It is for the future of Opa-locka, fresh ideas, bringing in young people and gives them an opportunity to make changes in the City. 3. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGHER TO PURCHASE EIGHT (8) HANDHELD RADIOS FOR THE OPA-LOCKA POLICE DEPARTMENT; 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 Holmes to pass the resolution. Commissioner Holmes said it has been brought to his attention that the City has a grant to purchase a total of 17 radios. Commissioner Santiago said he was informed that the City has a total of 85 radios and he is in support of the legislation. Commissioner Johnson asked, what is the amount of the grant, budget line item, and who is the grant coming from? Manager Baker said in their research they discovered there is a grant available and the City have a 99% chance of it being awarded. Delia Kennedy, Grants Administrator appeared before the City Commission and said there is a allocation of money that was previously allocated to the City for technical equipment and there were funds left over because the funding was not spent in its totality so the City have the opportunity at the discretion of the OJJDP Program to be able to use that funding to purchase handheld equipment. Regular Commission Meeting Minutes—02/12/2014 9 To the City Attorney, Commissioner Johnson said the name of the program needs to be incorporated in the legislation. She would also like the amount of residual funds included in the budget. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend section 2 to include the following language "subject to the receipt and availability of grant funds to pay for the purchase of this technical equipment". Ms. Kennedy said the funding is available and has already been allocated to the City for two prior equipment types. After final closing of the reports a bit of money was left over to purchase equipment. In addition, once it is approved it has to come to the City Commission for approval because it is to accept funds. Vice Mayor Kelley asked Chief Key does he need the radios? Chief Key replied, yes. Commissioner Santiago asked, will 17 radios suffice or do they need additional radios? Chief Key said at this time they are asking for 17 radios because Miami-Dade County is going through a reband system and the handheld radios will not be compatible. He further said 17 radios will be enough at this time. Commissioner Johnson asked how many radios can we afford and what is the budget amount? Ms. Kennedy said there are small residuals left over from other grants. The left over amounts are $311.74, $2,323, and $27,704 all are authorized for the purpose and scope of services. She further said she does not have the cost of each radio and they are in the process of getting the lowest price for the radios to make financial sense. Commissioner Johnson said when information comes to the City Commission it is very important to include a cost. Vice Mayor Kelley asked will the amendment provided by the City Attorney suffice whether it is 8 or 17 radios? Manager Baker replied, yes. Commissioner Johnson and Vice Mayor Kelley agreed to amend the legislation to include 17 radios. There being no further discussion, the amendment passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Regular Commission Meeting Minutes—02/12/2014 10 Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 4. (19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PURCHASE A VAN FOR OPA-LOCKA INFORMATION TECHNOLOGY DEPARTMENT ("IT"); 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 Holmes, seconded by Commissioner Johnson to pass the resolution. Commissioner Santiago said this is not a budgeted item and he wants to know why there is a need to spend money on something that's not budgeted. The IT Department has a car they are currently using. He further said he cannot support the item at this time because of the city's current budget constraints. Commissioner Holmes said the Mayor mentioned at her State of the City Address that she was very proud of the IT Department. He further said it has been brought to his attention that the staff has to transport equipment in their personal vehicles and that should not be occurring. He is not asking the City Manager to purchase a new vehicle for the IT Department, but there is a great need for a vehicle to transport the IT equipment. Commissioner Johnson said she agrees with Commissioner Santiago because it has been agreed upon as a body that all budget items be listed. She would be the first person to support anything for the IT Department, however at this point she would like to see where the funds will be coming from because she does not want to burden the budget. Commissioner Johnson directed the City Manager to locate a vehicle within the city that is not being used to be given to the IT Department. Vice Mayor Kelley said he does agree that the staff should not be transporting equipment in their personal vehicles. Regular Commission Meeting Minutes—02/12/2014 11 He directed the City Manager to look into purchasing the IT Department a van in the upcoming budget. In the short term the City Manager needs to explore getting transportation for the IT Department. Commissioner Holmes said he was told the City Manager just purchased a van for the Community Development Department for $5,000 and he can look into purchasing another vehicle for the IT Department for the same amount. Commissioner Holmes deferred item 19-7. 5. (19-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO FREEZE ALL HIRING, WITH THE EXCEPTION OF THE OPA-LOCKA POLICE DEPARTMENT'S SWORN PERSONNEL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. The above resolution was read by title by Attorney Geller. Commissioner Johnson deferred item 19-8. 6. (19-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENFORCE A POLICY TO BAN "TEXTING" BY CITY EMPLOYEES WHILE OPERATING CITY- OWNED VEHICLES, OR WHILE ON DUTY FOR CITY BUSINESS; 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 resolution. Commissioner Johnson said she heard all the dialogue at the previous Commission Meeting and since that time she have taken that into consideration and have limited to what the Florida Statues read. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Santiago Yes Commissioner Holmes No Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 7. (19-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO ESTABLISH A TAX EXEMPT, NOT-FOR-PROFIT ORGANIZATION UNDER SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE, WITH THE PURPOSE OF ASSISTING AT RISK, Regular Commission Meeting Minutes—02/12/2014 12 ECONOMICALLY DISADVANTAGED RESIDENTS OF THE CITY OF OPA- LOCKA IN THE PURSUIT OF QUALITY EDUCATIONAL GOALS, AND TO SOLICIT AND ACCEPT CONTRIBUTIONS AND GRANTS FROM THE PUBLIC AND PRIVATE SECTORS AND GOVERNMENTAL AGENCIES TO ACHIEVE THESE GOALS; 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 resolution. Vice Mayor Kelley asked is this legislation geared towards the Educational Compact? Commissioner Johnson said yes, this will enhance the Educational Compact and also give the grant coordinator an opportunity to solicit and/or prepare grants and document all funds received for the Educational Compact. Mayor Taylor asked, will this legislation create a scholarship? Commissioner Johnson said no, it is to establish a 501(c)(3) and included in the package it shows that each member of the City Commission will select someone to serve on the board. Mayor Taylor asked, will this legislation offer support to anyone wanting to further their education? Attorney Geller said it's a 501(c)(3), they did extensive research to look at what other cities do and mostly they do not link it officially to an education committee or an education compact because the school board has recommended against that. This is an independent fundraising mechanism. It provides that each Commissioner choose a board member to serve for one year and the City Manager serves as the registered agent. Commissioner Holmes asked the City Attorney is it acceptable for the City Manager to serve as the registered agent? Attorney Geller said the City Manager is the registered agent so the city will be aware of anything that is initiated. Commissioner Johnson said if the city applies for a grant and the City Commission is not the uniform board on behalf of the City the registered agent is the person to sign off on the grants. Commissioner Johnson asked Delia Kennedy for a description of a registered agent. Delia Kennedy appeared before the City Commission and stated that a registered agent is a person that is written into the articles of incorporation that will receive all the paper pertinent to the nonprofit organization and that person will be documented as the person Regular Commission Meeting Minutes—02/12/2014 13 authorized to receive documentation and be alerted at all times for anything having to do with the nonprofit. Commissioner Santiago asked if the legislation is adopted will they need to create a board? Commissioner Johnson said it is a board of directors for a 501(c)(3) which is regulated by the Internal Revenue. Mayor Taylor said she have a concern because if the City Commission choose the members for the board of directors that puts them in it. Vice Mayor Kelley said in the past there's been a lot of discussion about the Educational Compact and in many cities you need a mechanism to make it work and he would not want to be involved in the everyday process of it, therefore there is a need for the 501(c)(3). There being no further discussion, the motion passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Holmes No Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 16. NEW ITEMS: 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, TO AMEND THE LAND DEVELOPMENT CODE, ORDINANCE NO. 86-8, SECTION 4.16, TO INCLUDE LANGUAGE THAT WOULD REQUIRE ALL DEVELOPER'S AGREEMENTS APPROVED BY THE CITY TO PROVIDE FOR ANNUAL PAYMENTS IN LIEU OF TAXES IF THE DEVELOPER SEEKS AND RECEIVES AN AD VALOREM TAX EXEMPTION UNDER FEDERAL, STATE OR COUNTY LAWS, WITH THE CRA TO RECEIVE 80% AND THE CITY TO RECEIVE 20% OF THESE FUNDS FROM PROJECTS WITHIN THE CRA AREAS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION, PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. Regular Commission Meeting Minutes—02/12/2014 14 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. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes A. SECOND READING/PUBLIC HEARING: B. RESOLUTIONS/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE NATIONAL ENDOWMENT OF THE ARTS, AS ADDITIONAL SUPPORT FOR THE DESIGN AND PLANNING OF OPA-LOCKA'S ICONIC CITY HALL BUILDING, IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00); 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 AN AGREEMENT WITH PERRIN INTERNATIONAL SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $138,079.00, FOR RUTLAND STREET DRAINAGE AND ROADWAY IMPROVEMENTS BETWEEN NW 23RD AVENUE AND NW 22ND AVENUE, INCLUDING DRIVEWAY APRONS FROM NW 24TH AVENUE TO NW 22ND AVENUE, PAYABLE FROM ACCOUNT NUMBER 47-541807; A BUDGETED ITEM; 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 AGREEMENT WITH STUDENT INTERNS FOR THE STUDENT INTERNSHIP PROGRAM ("SIP") FOR THE PURPOSE OF PROVIDING STUDENT INTERNS THE OPPORTUNITY TO GAIN EDUCATIONAL EXPERIENCE AND CREDIT WITH THE CITY OF OPA-LOCKA; 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 Johnson to pass items 1, 3, and 5 of the consent agenda. Regular Commission Meeting Minutes—02/12/2014 15 The motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes A. CITY MANAGER'S REPORT: Manager Baker reported that he had a successful meeting in Tallahassee to seek additional funding for the City. He met with the EPA concerning the State Revolving Fund that is scheduled to address all of the underground utilities. He further stated that FDOT is scheduled to do a substantial amount of roadway improvements in the City of Opa-locka. They are looking at the entire 135th Street corridor going from 27th Avenue to NW 6th Avenue. He plans to circulate a flyer throughout the community to inform them of the project. The scope of their work is to repave/restripe the roadways, upgrade signalization, install curb ramps, reconstruction of sidewalks, and reconstruction of curb and gutter. Manager Baker said at that the last Commission Meeting there was some discussion concerning the building shaking at City Hall. After investigation it have been discovered that a business by the name of TMR often have challenges with their process where some of the gas tanks still have fuel during the compaction process. The owner of the company has been cited and they are scheduled to meet with him. Manager Baker reported that he should be bringing a recommendation to the City Commission for Historic City Hall construction. With regards to City Hall financing, Manager Baker reported that he have met with several banks and there are a few banks that have expressed strong interest. He mentioned that he is in the process of setting up an office at Sherbondy Village to allow employees and residents an opportunity to get more information on the Obama Care. Manager Baker requested a workshop with the City Commission to discuss the waste water and storm water rate study. He further stated that the city have been fortunate this year to receive three favorable recommendations that the CDBG committee is bringing forward to the Board of County Commissioners. Manager Baker said with regards to the trucks being parked on 135th Street, the property owner have been cited and the owner have informed the city that the trucks will be removed, therefore action is expected to take place soon. Regular Commission Meeting Minutes—02/12/2014 16 He further said the old liquor store on 22nd Avenue had a series of code violations and they are in the process of coming in compliance with the code violations. Commissioner Johnson congratulated the City Manager because she saw the street sweeper for the first time in twelve years. She further said as a friendly reminder the city has not done an employee payment schedule since 2010 and that needs to be done on an annual basis. Commissioner Johnson said she noticed the City Clerk's microphone is missing and all equipment in City facilities needs to be secured. The chairs on the dais were all new; however looking at the City Clerk's chair it is deplorable, therefore whoever that is moving equipment and furniture needs to stop. Commissioner Johnson requested a no right on red sign on East Superior Street and 27th Avenue. She said after traveling through the City she noticed many of the apartment units have residential rollaway containers and that should not be permitted. She said the City's legislation must be adhered to because while driving she noticed a large sign on veterans way and 22nd Avenue that reads "do you need a lawyer". Commissioner Johnson asked staff to look into the poor lighting on the City's main corridors. She further directed the City Manager to reach out to CSX to clean up along the tri-rail. Vice Mayor Kelley said he reviewed the correspondence from the City Manager that said Tri-rail came out and did surveys in the community. He was surprised that they did not notice the problems we are experiencing. He said the City needs to be more aggressive because they are not taking us serious. Manager Baker said he is following up with a meeting because he has pictures and they speak volume. Vice Mayor Kelley commended the City Manager for aggressively going after money that is owed to the City. He said he was informed the City was waiting on South Florida Workforce to help with the hiring process for the Fire Hydrant employment. South Florida Workforce have a list of people ready to work so is assuming someone dropped the ball. Manager Baker said the Human Resources Director has met with South Florida Workforce and they are going through the process. Vice Mayor Kelley said there were a lot of challenges last week with the garbage collection. He asked for the status of the garbage collection. Regular Commission Meeting Minutes—02/12/2014 17 Manager Baker said he received a report stating that the current company have purchase an additional truck and with that the collection should be much more effective. Commissioner Santiago said he received an email from the Mayor informing him that FDOT will be repairing the rail road tracks on 27th Avenue which means the street will be closed for one week. He directed the City Manager to send road closure information to the business owners and residents in the area. He said the business owner of the car wash located on 27th Avenue and Ali-Baba will be greatly impacted by the road closure. The owner was informed by FDOT that she have to close her business for a week to allow FDOT to store their materials. Commissioner Santiago directed the City Manager to speak to someone at FDOT because it's not fair to the business owner to close her business for a week while they fix the rail road. Commissioner Santiago said he received calls from residents informing him that the street name has been changed on Jann Avenue between 27th Avenue and Sesame Street. He further said he spoke to the City Manager regarding a fire that occurred on 127th Street. He said he is thankful that the city repaired the fire hydrant one month prior to the fire occurring. Commissioner Holmes said he has seen a lot of dead chickens on the rail road tracks and there's not much the City can do. He asked that people keep an eye on it going forth. Mayor Taylor asked for a report on the speed bumps on Service Road. She asked for a status on the canal cleaning. Mayor Taylor directed the City Manager to contact CSX regarding rail road maintenance in the City. She expressed her concerns regarding flooding at Ingram Terrace Apartments. She further directed the City Manager to install a no trucks sign on Service Road. 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 February 12, 2014, revenue audit trail and expenditure audit trail. The reserve account balance has increased to $231,947.86. Regular Commission Meeting Minutes—02/12/2014 18 Commissioner Johnson said it appears that the budget does not break down the salary for each position, all the positions are combined. Mrs. Liburd said the budget department is not under the finance department, but she will meet with the City Manager to detail the positions for the budget. 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. He said a corporation by the name of Café Sole has sued the City. They are tenants in a warehouse that had dispute internally and called the police to assist them because a lock needed to be changed, they showed documentation and the police officers allowed it. Several days later the other people showed up with a written lease to the premise and accompanied by the landlord, very properly the police was faced with a lease the police allowed them to do what they needed to do. The police are not judges; they are not there to get involved in civil disputes doing their job. Florida League of Cities has agreed to assume the defense and they have filed a motion to dismiss. Commissioner Johnson asked for a suspense date on the funds owed to the city. Attorney Geller said he is working with the City Manager's Office and they have sent out a lot of letters in an attempt to collect funds and to his understanding it has been a success. Commissioner Johnson directed the City Attorney to work with the City Manager to prepare a letter to the Fire Department because of the delay of responding to a call that was discussed during Citizen's Forum. She asked the City Attorney to take a strong position on items that are deferred because it seems to be a lot of discussion which may be a sunshine violation. Attorney Geller said it's not a sunshine violation if it's on the agenda and publicly noticed. Vice Mayor Kelley said he does not know if legislation is required but in an effort to structure the meetings he will sponsor legislation because on several occasions it has been discussion on who speaks after moving legislation. In his opinion when you pull an item the chair will recognize you first because you pulled it, then whoever seconded it will get the second discussion. He further said the City Commission received correspondence regarding the Police Department and wants to make sure the City Attorney is addressing the issue. Attorney Geller said the correspondence has been addressed. Regular Commission Meeting Minutes—02/12/2014 19 Commissioner Holmes said he was pleased that he did not receive any concerns regarding the City Attorney submitting agenda items in a timely manner. 22. CITY CLERK'S REPORT: Clerk Flores informed the City Commission that the Civil Service Board will meet on February 20, 2014 at 6:00 p.m. and the Zoning Board of Appeals will meet on February 27, 2014 at 7:00 p.m. Commissioner Johnson directed the City Clerk to work with the City Manager to get the message out to the business owners and citizens notifying them of the road closure information to the citizens. Commissioner Holmes thanked the City Clerk's Office for preparing the commendations that was distributed to the business owners earlier. Vice Mayor Kelley directed the City Clerk to inform the clerk of the boards that they need to include citizen's forum on all agendas. He further thanked Sha'mecca Lawson for organizing the Farm Share Food Distribution. 23. MAYOR/COMMISSION REPORT: Commissioner Johnson reported that she attended the Trayvon Memorial Walk and Remembrance Dinner and she encouraged her colleagues to join her next year. She invited her colleagues to join her at Family Night Out on February 21, 2014 at 6:00 p.m. at Sherbondy Village. Commissioner Johnson said she is requesting to let her voice be heard before the County Commissioners on February 27, 2014 regarding annexation. Commissioner Santiago thanked his colleagues for teaching him to do a good job for the well being of the citizens. Vice Mayor Kelley thanked the City Clerk's Office, City Manager's Office, Parks & Recreations, Public Works and his colleagues for their support with the Farm Share Food Distribution. He mentioned that he met with South Florida Workforce to seek funding for job training. He invited everyone to join him at the monthly clergy meeting on February 13, 2014 at 11:30 a.m. at Sherbondy Village. Vice Mayor Kelley invited the community to come out to the Community Re-Entry Fair on February 27, 2014 from 10:00 a.m. — 1:00 p.m. at Segal Park. Mayor Taylor urged the citizens to fill out the survey and return it to the City so they will know how to better serve the community. Regular Commission Meeting Minutes—02/12/2014 20 She announced that the City Commission will be conducting a Town Hall vision meeting and the date will be provided at a later date. 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Santiago, seconded by Commissioner Johnson to adj.1 rn the meeting at 11:06 p.m. / i , —,� � I1._. MAY;f A TEST: il4 ' 4GA)-----.? ..._ CITY CLERK Regular Commission Meeting Minutes—02/12/2014 21