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HomeMy Public PortalAbout07- July 09, 2014 Commission Mtg. Min. CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING July 9,2014 7:00 P.M. City Commission Chambers at Sherbondy Village 215 President Barack Obama (Perviz) Avenue Opa-locks, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:05 p.m. on Wednesday, July 09, 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 Commissioner Luis B. Santiago. 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, 19-2, 19-3, 19-4, 19-5, and 19-6 (Commissioner Johnson). It was moved by Commissioner Johnson, seconded by Commissioner Santiago to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Regular Commission Meeting Minutes—07/09/2014 1 Commissioner Holmes Yes Mayor Taylor Yes Request to amend the agenda to include the following items: 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE CONTRACT AMENDMENT #1 TO THE URBAN QUALIFICATION COOPERATION AGREEMENT WITH MIAMI-DADE COUNTY, FOR CONTINUED PARTICIPATION IN MIAMI-DADE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS ADMINISTERED THROUGH HUD; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to amend the agenda to include item 16-1. There being no discussion, the motion to amend the agenda passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Johnson Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 8. APPROVAL OF MINUTES: Regular Commission Meeting—06/25/2014 It was moved by Commissioner Johnson, seconded by Commissioner Santiago to approve the minutes of the Regular Commission Meeting of June 25, 2014. There being no discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes. 9. 24th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: Regular Commission Meeting Minutes—07/09/2014 2 12. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, of Miami-Dade County Commissioner Jordan's Office (District 1) came forward and informed Vice Mayor Kelley that he did receive the documents regarding the homes that need to be demolished and he will get in contact with the proper person. Commissioner Johnson said she did have a chance to review the documents he provided regarding the rehabilitation homes, however she noticed a lot of the applications were applied in 2012-2013 and about 3 in 2014. She asked how is the information publicized to the general public? Melanie Burke, of Miami-Dade County Commissioner Monestime's Office (District 2) came forward and said at the last meeting a request was made to have 135th Street & 7th Avenue cleaned up, however she was informed that is a state road but it is cut every one to two months depending on the budget and the season. Commissioner Santiago said he requested to have 135th Street and 37th Avenue cleaned, not 71' Avenue. He thanked Commissioner Monestime for his assistance to the city for the 4th of July event. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Mayor Taylor directed the City Manager to contact the Miami-Dade County Fire Department and request that they provide something to the City Commission to wrap up this fiscal year. 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Tony Williams of 1346 NW 95th Street, Miami, Florida, appeared before the City Commission and spoke about bringing Teen Court to the City of Opa-locka. Teen Court is a first time juvenile misdemeanor offender program for kids that need a second chance. The program came in affect in 1998 and it was established because some of the youth had the privilege of obtaining a lawyer when some were families were not able to retain legal representation and they ended up with a record. Teen court offers individuals a second chance without getting a record and not get a record. Mr. Williams said they would like to bring Teen Court to the City of Opa-locka and have the same program functioning within the city. He also said Commissioner Johnson has been an advocate and a participant in the program for many years and it serves well to know that she has did an incredible job with their youth conference. 2. Alvin Burke of 1240 Jann Avenue, Opa-locka, Florida, appeared before the City Commission and said Teen Court has been in the city before and he recalls Commissioner Johnson bringing it to the city a year ago. Regular Commission Meeting Minutes—07/09/2014 3 He further spoke on agenda item 19-5 to hire a public relations firm. He said that starts in-house, it's up to the people to maintain the city's image. The city currently has PR and they need to utilize what they have before they spend additional money. The city can be its largest public relations firm starting with the dais. Mr. Burke continued by speaking on agenda item 19-6 to remove any designation of a Police Commissioner. He said if he recalls each Commissioner was appointed over a department. He thinks the Mayor had Public Works, Vice Mayor Kelley had Parks & Recreation Department, Commissioner Johnson had Education, and Commissioner Holmes was given the Police Department. He said he sees a resolution to remove the Police Commissioner, but not to remove anyone else; this is something that could have been discussed in-house without a resolution. 3. Hope Calhoun of 1 East Broward Boulevard, Fort Lauderdale, Florida, appeared before the City Commission on behalf Florida Industrial Properties, Mr. Frank Vega and his business partners. She said Mr. Vega contacted her a week ago hoping she can help in the future as he develops the property. He thought it was better as he goes through the process he shows the City Commission and residents what he's planning for the property because as she understand there has been some new activity at the facility and people may be wondering what's happening. Mr. Vega is in the development process; he is in the process of submitting plans. He is hoping to call the facility the Opa-locka Travel Center and it will be located on 135th Street directly across from the City Hall. This will be similar to the truck stops in Fort Pierce. They are looking at putting 16,000 square foot of office and restaurant use on the site. The property had some unsafe warehouse space that was falling apart; therefore Mr. Vega preliminary shored them and painted them to look more presentable. The buildings are not operating for business purposes but they look better. Mr. Vega would like to have a fast food restaurant, offices in the back, sit down restaurant, convenient store, and a 12 pump gas station for automobiles. She said the City Commission will see the final site plan when it comes before them for approval and at this time she will entertain any questions if there are any. 4. Eric Redmon of 2766 NW 131St Street, Opa-locka, Florida, appeared before the City Commission and said Mayor Taylor initially brought forth the term limits and he is here to say he support the Mayor's legislation and he does not know why she pulled it. He said if the other people succeed in getting their petitions he would like the citizens to have two options. The Mayor's legislation is fair and he would like her to consider bringing it back. Mr. Redmon said it seems like the city has forgotten about Villa Francine. He applauded Mr. Baker and Mr. Chiverton for still trying to do everything in their power to assist the residents. Once upon a time Mayor Taylor was involved and Vice Mayor Kelley aided them the best he could at that time. In his opinion that would be something in need of legislation instead of a resolution to remove a Police Commissioner. He can honestly say as a citizen he feels safe to have the individual as a Police Commissioner because not only has he proposed things that has made the Police Department better, he has also proposed things that made the citizens better. The resolution to remove the Police Commissioner is wrong and should not be on the agenda. Regular Commission Meeting Minutes—07/09/2014 4 Commissioner Johnson asked is the Parliamentary the City Attorney? Mayor Taylor replied, yes. Commissioner Johnson said many times in the past they have stated that no one should address any particular Commissioner and she thinks they need to be consistent. 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 PIGGYBACK ON MIAMI-DADE COUNTY CONTRACT-CICC 7360-0/08 PLAN, RFP NO. 217022, (PROJECT NAME ARRA MUNICIPALITIES PART 1), PROJECT NO. CIP090C WITH C&I CONSTRUCTION AND DESIGN, FOR THE INSTALLATION OF TWO (2) BUS SHELTERS ON NW 22ND AVENUE, IN AN AMOUNT NOT TO EXCEED THIRTY THREE THOUSAND SIX HUNDRED EIGHTY FIVE DOLLARS AND NINETY CENTS ($33,685.90), PAYABLE FROM ACCOUNT NUMBER 47-541630, 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 Santiago, seconded by Commissioner Johnson to pass the resolution. To the City Manager, Commissioner Johnson said she notice that this is the third time she have seem this company being awarded then when she looked at the package she saw a difference in the proposed amounts. She said the agreement between Miami-Dade County and C&I ended May 2013 and it's two years old, therefore in her opinion this is old data. Manager Baker said this is a county contract that cities have used throughout the county during the President's initiative. Our current bus shelters were purchased under the same contract, however when they had this approved last year. The funding under the ARRA was limited so they had locations that were pulled out and they agreed that they will budget for those locations in the current year budget. They had some challenges with getting all of the contractual information from the county which is why is item is just coming forward. The company C&I won the countywide contract to install bus benches throughout the county. Commissioner Johnson said is she to understand that because Miami-Dade County selected this particular company it's in the best interest of the city to select the same person. Manager Baker said it is his recommendation since they have already done the same work in our city. He can take a chance of bidding the job out and paying much more. The way it is now the city is gaining because when the county put this bid out it took into consideration all of the cities in Miami-Dade County. Regular Commission Meeting Minutes—07/09/2014 5 Commissioner Johnson said with that in mind she would like to ask the City Attorney to include some sort of buffer into the contract when it is finalized. There is a lot of increase from the bid price to the grand total. She does not want anyone to come in and under bid then later request a change order or increase in price. To the City Attorney, there is a need for a safety cushion to prevent that from happening. Vice Mayor Kelley agreed with the concerns from Commissioner Johnson, however he can support the legislation because it's a budgeted item and it's not initiated by the city. He said the legislation did not include the location of the bus shelters so he would like to suggest that the locations be included. He suggested putting a bus shelter at 22nd Avenue and Opa-locka Boulevard and the other shelter should be at 22nd Avenue and Rutland Street. He also suggested that the City Commission look at allocating funding in the upcoming budget for two additional bus shelters. Mayor Taylor asked the City Manager where he anticipates putting the bus shelters? Manager Baker said the locations that Vice Mayor Kelley provided are on the same street, however they are distant apart. If they would like to move forth with the recommended locations they have to be engineered in terms of insuring there is adequate site alignment in terms of traffic. If it creates safety or traffic challenges then he will have to find another location. His preference will be to go with the recommended locations providing they work. Commissioner Santiago said he knows there is a lot of traffic on 22nd Avenue and a lot of people take the bus. He would like an amendment directing the City Manager to find funds to add additional bus shelters in the future. Vice Mayor Kelley said he would like to amend the legislation to give the City Manager direction for the location of the bus shelters, but he does agree with Commissioner Santiago that staff needs to look for funding for additional bus shelters. Commissioner Holmes asked is C&I the same company that did the city's Pump Stations? Manager Baker replied, yes. Commissioner Holmes asked does this company have experience in Bus Benches? Manager Baker said the new Bus Benches in the city were put in by the county's contractor. Commissioner Holmes asked why they didn't find another company to do the bus benches because you cannot spread the work around if you give everything to the same company. Manager Baker said the bus benches we have were put in by C&I last year. Regular Commission Meeting Minutes—07/09/2014 It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to amend section 2 to read as follows: installation of two bus shelters on NW 22nd Avenue & Opa- locka Boulevard and at 22nd Avenue & Rutland Street and directing the City Manager to further pursue funding for additional shelters. There being no further discussion, the amendment passed by a 4-1 vote. Commissioner Santiago Yes Commissioner Holmes No Vice Mayor Kelley Yes Commissioner Johnso Yes Mayor Taylor Yes There being no further discussion, the resolution passed by a 4-1 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes No Vice Mayor Kelley Yes Mayor Taylor Yes 2. (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO RENEW A THREE (3) YEAR CONTRACT WITH SOFTWARE HOUSE INTERNATIONAL (SHI) FOR MICROSOFT E LICENSING, APPLICABLE TO MICROSOFT OFFICE, DESKTOP AND SERVE OPERATING SYSTEM, EXCHANGE AND SQL SERVER AT A YEARLY COST OF SEVENTEEN THOUSAND NINETY FIVE DOLLARS ($17,095.00), PIGGYBACKING ON THE STATE OF FLORIDA CONTRACT (252- 001-09-1), PAYABLE FROM ACCOUNT NO. 14-512528; 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 Vice Mayor Kelley to pass the resolution. Commissioner Johnson asked will this be in-house on U.S. land, not International? Manager Baker replied, yes. U.S. Microsoft. Commissioner Johnson asked is it her understanding that the server and everything the city is doing is within the U.S. boundary? Manager Baker yield to the IT Director for further clarifications. Note: This portion of the minutes is transcribed in verbatim form. Regular Commission Meeting Minutes—07/09/2014 7 Nelson Rodriguez, IT Director: This is the licensing to run our own servers that are kept here, 215 Perviz and 3400 NW 135th Street. Commissioner Johnson: Through the Manager to Mr. Nelson, is it my understanding that the server is in U.S. boundary and not International? Nelson Rodriguez: Correct, Opa-locka, Florida. Note: This concludes the verbatim portion of these minutes. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes 3. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A PARTNERSHIP BETWEEN THE CITY OF OPA-LOCKA POLICE DEPARTMENT AND PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY (P.U.L.S.E.) TO UTILIZE THE "HOTSPOT" CAMPAIGN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTVE 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 Santiago asked what is the cost to bring this organization to the City of Opa-locka? He said if the resolution is passed he does not want to hear in the future that the city had to expend money. Manager Baker said this is an anonymous system where it allows feedback without the person's name being disclosed. Chief Jeffrey Key appeared before the City Commission and said the HotSpot is a partnership with PULSE and it is not a cost to the city. It gives residents an anonymous avenue to report illegal activities and code violations. The cards will be distributed throughout the city and if the resident can fill the card out and send it in then a designee from the Police Department will receive the information from PULSE. Commissioner Santiago asked does this program helps reduce crime? Chief Key said one of the biggest fears with individuals reporting crime is illegal activity is remaining anonymous and this is a tool to help them remain anonymous while reporting a criminal activity. Regular Commission Meeting Minutes—07/09/2014 8 Commissioner Santiago said he want to be sure no money is being used for this program. He asked will this require overtime for the staff at the Police Department? Chief Key said no, the Police Department has a 24/7 operation. If they receive the information then an officer will go out to investigate it. Commissioner Santiago said he wants to make sure the program does not hurt the budget. Commissioner Johnson said she is concerned, she asked what does Code Enforcement have to do with this program? Manager Baker said this item was discussed in detail in his staff meeting. It does provide an avenue for them to get additional information perhaps activities that occurs after hours and in his opinion that's a plus for the city. Commissioner Johnson asked where will the organization to stationed at? Manager Baker said it is his understanding that this initiative has nothing to do with their operating location. This is an informational mechanism to get information concerning issues in the city. Commissioner Johnson said if she understands correctly, our citizens will now call someone to report a concern just to remain anonymous. She thinks this is a frown on Public Safety. Manager Baker said this is just another tool to get information to be proactive and to address concerns without disclosing individual's names. Commissioner Johnson asked, what is currently in place, how have we measured the assessment of what we currently have and what will tell us what we have is not working? Manager Baker said to his knowledge there are no programs in place specifically that makes a person anonymous. There are systems for individuals to e-mail and call, but depending on the nature they may very well end up disclosing who they are. This is another tool to that they can benefit from and it is premature to say if it will work. Commissioner Johnson said she is very familiar with PULSE, but looking at the correspondence she notice Liberty City, Goulds, Carol City, Brownsville, Overtown, Richmond Heights and Perrine listed as cities and she did not know they were cities. It would have been helpful to look at legislation that actually came from a municipality that says they support the program instead of a group of community organizations. PULSE does an excellent job and they have been around for 30 plus years, but if we strengthen the Police Department and look at the overtime by bringing more certified sworn Police Officers and certified Code Enforcement Officers they can get the job done. Vice Mayor Kelley said all of them are familiar with PULSE, but his question goes to the structure of how the program will work. With the cards, where will they be distributed Regular Commission Meeting Minutes—07/09/2014 9 throughout the city and how they will get the cards back? There has to be some kind of structure in place. The idea is good but it terms of how it is integrated into Opa-locka, he suggested that the City Manager defer the legislation to come up with a way the mechanism will work in the city. They need to complete up 3-4 locations in the city to be the drop off points then have someone pick them up, the details needs to be flushed out. All of them want to enhance anything they can do to help public safety but he does not want to create more headaches. Manager Baker deferred agenda item 19-3. 4. (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO IMPLEMENT PARTICIPATION IN THE MIAMI-DADE COUNTY TEEN COURT (MDCTC) PROGRAM IN THE CITY OF OPA-LOCKA; 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 Vice Mayor Kelley, seconded by Commissioner Johnson to pass the resolution. Note: This portion of the minutes is transcribed in verbatim form. Commissioner Johnson: To the Attorney, do I need to recuse myself since I am and have been and will continue to be involved, is this a point...if I need to recuse myself because I have really good interest in this. Attorney Geller: Let me just ask are you compensated by them? Commissioner Johnson:Are you really serious...for the record the answer is no. Attorney Geller: The only other question Commissioner is would you stand in some way to benefit financially personally because they are participating in Opa-locka? Commissioner Johnson: The answer to that question continue to be no. Attorney Geller: For the record Commissioner. Commissioner Johnson: Oh I am getting... Mayor Taylor: Celebrity pictures in the newsletter. Attorney Geller: I find that you have no actual conflict, it's obviously up to you if you have any concerns about the appearance you are permitting, but I find there's no conflict because it does not affect you financially, personally, or any member of your family. I guess I should have asked that as well but..... Regular Commission Meeting Minutes—07/09/2014 10 Commissioner Johnson: No members of my family will benefit from it, no members of my family are part of it, and should this ever come to be a conflict whether I'm on the Commission or not I will make sure that I make a public awareness on it. Attorney Geller: Commissioner you're supporting a worthwhile public endeavor does not constitute a conflict of interest, you have no conflict. Note: This concludes the verbatim portion of these minutes. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Out of Room Vice Mayor Kelley Yes Mayor Taylor Yes 5. (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO SOLICIT PROPOSALS TO HIRE A PUBLIC RELATIONS FIRM TO ASSIST IN IMPROVING AND MAINTAINING THE CITY'S IMAGE, AND TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION FOR FINAL APPROVAL; 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 Vice Mayor Kelley, seconded by Commissioner Johnson to pass the resolution. Vice Mayor Kelley said he know the Mayor have been talking about this, however he would prefer if the legislation is deferred until the new budget. He know the sponsor is asking the City Manager to go out and get proposals to assist and recommendations but to him that goes with a cost. At this moment the city has newsletters, OpaTV, and at least two staff people that should be dealing with functions. He understands the importance of promoting the city's image but there's also a firm that currently does the newsletter and the marketing firm that's helping with the Belafonte event that will showcase the city. He echoed the comments previously stated by the citizens and at this time he cannot support this legislation because the timing is bad. We are own image boosters, for example he recognized children for Father's Day Essays and the newspaper article said the City wants to fire Attorney and by the way they gave out awards. They chose the negative over the positive and that begins with the City Commission how they deal with things on the dais. Commissioner Johnson said if she heard correctly the Vice Mayor has asked for the legislation to be deferred and according to Robert's Rules if it's going to be deferred then it should not be any more conversation on it. Mayor Taylor said she would like to hear from the board before making a final decision. Regular Commission Meeting Minutes—07/09/2014 11 Commissioner Johnson asked the sponsor to consider deferring the legislation. Commissioner Santiago said a citizen made a comment during Citizen's Forum and he agrees with that comment. It's good to wait and start a good image in-house. It starts with them showing the public they have respect for each other and they can handle their issues in-house instead of doing it in the public. He recommended that the sponsor defer the legislation. Mayor Taylor said she has no problem with deferring the item and she will do so until the new year comes in. It wasn't supposed to take place until the new fiscal year. She said in- house is not working which is why they need a professional firm. When you have a professional firm they control what goes in the paper because they put it in themselves and gives the headline. The city is not successful in-house, as many flyers and newsletters they distribute the reporters does not copy them, they copy what they hear with no control from anyone else. She attended a conference and no one knew where Opa-locka was. She has a meeting with the Chairman of the Board for Jackson Trust who said Opa-locka is doing a lot but no one knows about it, therefore they need help putting the story out. Mayor Taylor deferred agenda item 19-5 6. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO REMOVE ANY DESIGNATION OF A "POLICE COMMISSIONER" PREVIOUSLY DESIGNATED BY THE CITY COMMISSION; 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 Santiago, seconded by Commissioner Johnson to pass the resolution. Note: This portion of the minutes is transcribed in verbatim form. Commissioner Santiago: Well what I see in this resolution is I never been part before for any resolution when they started calling the Commissioners, Commissioners for each department. My concern is I don't want to be Commissioner for any department, not even for the water department. I want to be a Commissioner for the great citizens of Opa-locka and that's my concern tonight that I'm going to support because I don't need another title, the only title that I need is to do a good job for my community like a Commissioner, an official elector that I am. Commissioner Johnson: I too was not a Commissioner when this entitlement came up. I remember in 2004 at a Retreat Meeting each of was asked for our expertise and mine happened to be Human Resources and I was asked to work along with Human Resources on the Sexual Harassment and on the Policy & Procedures which I think we did an excellent job on it and I weighed myself with that. We got some circumstances that we are being confronted with that I'm a little concerned maybe liability wise, because I told y'all before this meeting I've gotten a called inquiring and I acted ignorant to the fact because Regular Commission Meeting Minutes—07/09/2014 12 I don't know of anything and I looked previously could not find no legislation to support the title, so with that in mind and then I got some concerns from citizens that I don't want to put on the record because they said they were going to come and they fear of retaliation, that's what they told me so 1 think right now this may need to be addressed and I've heard some of the champions that may not be in favor but it's not for any particular reason it's just that we don't...right now currently if this started in 1994 which I was going back looking at the minutes and the DVD it's stated it started in 1994 then by all laws if it was not put in place then it's mute so since it has resident again now from it being mute I think it's time for us to take a position. Do we have a Commission, I heard one citizen say how the title have brought a lot of resources to the city, then I think more cities that do that...When Shaq was here Miami Beach indicted him as some sort of something for the day or something like that but I think maybe a misperception that I think that we need to address it and if someone feel as if though that is something we need to weigh into, then I strongly think that we are coming in as Commissioners for the city and I don't know where it fits with a title and I'm like Commissioner Santiago I just want to be a Commissioner, I don't want to have any title over Human Resources, I don't want to have any title over Education, I don't want to have any of those when I fill out my paperwork it says Commission and I think that sometime we put ourselves...like Mayor when you was here when we started in 2004 yours was Public Works and the Finance, Commissioner Tydus was Parks & Recreation, mine was HR, but we got a new Commission so I wanna see how does that fit in and there is a misperception among some of our Public Safety People that feel...and this is where it's sad that people feel if they say something they're going to be retaliated against, that's not right so I don't know of any other title that anybody may have here, I've never heard anybody been called by any other title except for Mayor, Vice Mayor, and Commission and I think right now what I'm putting in front of us I hope that it would get everyone's support and if you want to work and then the second part I want to ask the Attorney, under nepotism if a person have a family member, now I know how it works in the Federal Government, Opa-locka is real different so under nepotism if I worked in the Post Office and I'm being over HR my husband, my children, or no one else under that jurisdiction can work where I'm giving guidance and I know we don't have any guidance well we don't suppose to have any guidance with day-to-day but I know that's not necessary true in the city either so how does that fit in if you have a title and you have nepotism going or the perception of nepotism. Attorney Geller: Well there is a state law of course, I will remind you when the Commission considered amending the local ordinance I don't think that item passed if I remember correctly, the Clerk might correct me but I do not think that one passed, under state law I do think there's an issue if you have direct supervision of someone but I think it has to be direct supervision. Commissioner Johnson: And it doesn't have direct supervision, however, the legislation didn't pass. I pulled it because previously already had it on the book so that's how that went. I want to throw that out it has nothing to do with that because to my understanding no one here has any supervision of anyone but remember perception and with that I would like to end Madam Mayor thank you so much. Mayor Taylor: This piece of legislation disturbed me greatly only because I can remember often one of my colleagues said that this is one team and one dream and we Regular Commission Meeting Minutes—07/09/2014 13 adopted that philosophy and worked toward that, but if one of the team members come against the team then the team will not survive, it will not thrive, it will not stay intact, and it will not be viable. Let me give you the history of this particular, the background of this item in 1997 I was serving as Commissioner on this dais and I noticed that the Commissioners were everywhere and nowhere in particular and I suggested to Mayor Robert Ingram at the time to create, gave him the idea of creating a liaison system and he heard me and after due course and the liaison system whereby you would appoint each Commissioner to a department to hear their complaints and address their needs to the City Manager and to help them to operate better and more efficiently without us violating any charter codes or ethics violations. Mayor Ingram made the assignment, it was done on the Commission there was no legislation to it, it was something that we agreed upon. He brought it out and we said yes, what he did was he said okay then let's do this going to set forth assignments with your consent. He took Finance and Building & Licensing he said I'm going to start I will be the liaison for Finance and Building & License, Commissioner Tydus took Parks & Recreation, Mary Allen took Beautification, Commissioner Holmes was assigned to the Police Department, and I took Public Works, this is how it was we agreed and everyone went to work helping these departments without interfering with the departments. Now it worked of course, after that the Commission changed, but those that were still on the Commission under that program kept our assignments. Now it doesn't matter what we call ourselves that's not the issue many of us have other names up here it's Lady Taylor, there's Lady Justice our names can be challenged but that's not where the focus should be. We have millions of dollars coming into the City of Opa-locka from State and County grants, we have the loans, I mean millions so do we really want to focus on somebody's name cause I can always call myself the Public Works Commissioner, that's not a big deal I know what I do, I know where my limits are and I know what I cannot do so make sure that we keep our focus. We got this money coming in not because we got names we got money coming in because people are investing in our strategic plan and they are investing in our vision so that's where we should stay focused let's not get sidetrack on what is not a priority with us. We're getting ready to have a workshop now on our strategic plan who cares what his name is, I don't care because I was here and I understand. I understood then because I made the suggestion as to why we were assigned, now yes it has changed I stayed with mine, Commissioner Holmes has stayed with his the rest of you were new on the Commission. We, Mayor Ingram made the assignment so I think we should stay focused you know what's being said about us we cannot get a decent article written about us about the past coming up or something we just did. Vice Mayor just said fishing thing bringing sons and fathers together but the head line was our City Attorney, that's why I think we need...that's a sidebar so let us stay focused and not go on the things that's not truly in my opinion a priority with a this stuff coming down. God has opened doors for us that has not been before, we're getting money in this city, we're getting grants look like everything we ask for has been granted. The governor has not vetoed any request, he don't even know where Opa-locka, is but he has not vetoed anything we have asked./or and now we are going out for more so I am asking let's stay focused. I don't care what he's called...what you call me, they call me Lady Taylor I know who I am, they call one of my colleagues Lady Justice all that can be challenged but that's not important for us to do let them challenge it don't lets us do it, don't let us do it. Let's stay focused to where we want to go. We got a whole lot of stuff on the list that's taking grants and money let's leave each other alone, let's not devour each other that is not good...that's not good and I'm going to ask like it was asked of me to take this item off it's not...it's pointing at Regular Commission Meeting Minutes—07/09/2014 14 someone and I do not want to be a part of throw off I don't like that because I don't throw off on nobody and I don't want nobody throwing off on any of you I won't have it and I'm asking...this is a throw off resolution to one person and that's not fair we are supposed to be as Commissioner Johnson said one dream, one team and we got to protect each other. We already get beat up out there so let's not beat up on each other so I am asking the sponsor of this piece, let's come back on this look at what we are doing let's not be guilty of feeding on each other. Commissioner Johnson if you please. Commissioner Johnson: I would like to hear if any other more comments. Commissioner Santiago: I would like to do a comment it sound very beautiful and beautiful words that you say but I'm going to still stay with my same position. I want to be Commissioner Luis B. Santiago for the great City of Opa-locka to serve the great people for my city and if I have another title my title is father of my house and salesman I need another title. I believe when you assign somebody to any department what you doing is giving the right or giving the power to have favorites or do something like it's not correct and if we have, to the City Attorney, do we have any rules or regulations in the new charter about it. Attorney Geller: I'm sorry sir. Commissioner Santiago: Is this correct to have titles, the Commissioners in the new charter? Attorney Geller: The charter sets forth minimums it's up to the Commission to decide what you wish to do on it. Commissioner Santiago: It's up to the Commission to decide? Attorney Geller: It's up to the Commission, whatever the pleasure of the Commission is. Commissioner Santiago: Okay I prefer to stay like that with my colleague to be a Commissioner of the great City of Opa-locka, I don't need any titles. Thank you. Mayor Taylor: Well that wasn't, if I may address you Commissioner Santiago that wasn't a title, it was not a title. Commissioner Santiago:Assignment, the same thing. Mayor Taylor: No that's not the same thing. It wasn't a title it was an assignment that was given by the previous Mayor in order for us to help and assist these departments so please don't get it...that wasn't a title nothing was voted on, it was something that the Mayor assigned so I want to get that straight that's why there's no legislation because it was done, it was done among ourselves and we agreed to it because at the time that Commission understood the importance of having someone to help each department. Commissioner Johnson: I'm not going to defer it. Thank you Madam Mayor. Regular Commission Meeting Minutes—07/09/2014 15 Vice Mayor Kelley: I looked at this resolution and I'm really torn both ways, I remember Dr. Ingram and Mayor you might be having a senior moment it wasn't Commissioner Tydus because she came when I came in 2000, it was actually prior to that with either Former Mayor Miller or the other Miller that was sitting there at the time. Mayor Taylor: I didn't serve with the Miller's, I didn't serve with your mother either. Vice Mayor Kelley: No, Miller. Mayor Taylor: Who, Alvin? Vice Mayor Kelley:Alvin and the other man, it was a guy name Miller as well. Mayor Taylor: Oh Derrick Miller. Vice Mayor Kelley: Derrick Miller right, cause Commissioner Tydus came in when I did in 2000 so it wasn't her. I kind of understood what was the intent at that time to kind of be a liaison. I think the question becomes have it used up its purpose or outlived its usefulness the way it was designed, because when I researched I didn't find any legislation either it just was kind of there and kind of down through the years. The issue is really because whether or not you feel like there's some kind of power that goes with this title or this position and having some benefit that others don't have as it relates to liaison, I don't want to call it a title, it's a liaison with a certain area and that may or may not be true but perception wise to some it is. I've been grappling with it to determine how I really look at it I can kind of see it both ways in a sense even though it's nothing legislative it's just kind of out there as a Commission and I wanted to hear the discussion tonight to see that would help me in my deliberation but I'm still where I was at the beginning because I understand you clearly about the concern of it being directed, etc. but 1 also know the perception that folks have that someone has this power they don't really have. It's just a liaison thing that was given so I'm kind of torn between the whole issue and having it on the agenda is interesting in timing so I don't know where I fall on it to tell you the truth. Thank you. Mayor Taylor: We might as well get rid of what we do Lady Justice have to go, Lady Taylor has to go, it's carries no power it's just something that others named you. I didn't name myself Lady Taylor, Skiles did it and I kept it in honor of her. I'm no less man, I'm no more man the same thing with this, if this wasn't geared at a person I could see the resolution saying that we need to get rid of other names other than our designated title by the people but I don't know if the people mind I'm not sure I haven't heard anything, this is been for years, that has not been ain't nobody lost nothing, ain't nobody gained anything and I'm asking again. It's hurtful because it's geared toward one person that's what makes it wrong I done said it that's what makes it wrong and I know that's wrong. I don't like to condone wrong, not in your face. Mayor Taylor: Madam Clerk since the sponsor will not defer it then roll call. There being no further discussion, the motion failed by a 3-2 vote. Commissioner Johnson Yes Regular Commission Meeting Minutes—07/09/2014 16 Commissioner Santiago Yes Vice Mayor Kelley No Commissioner Holmes No Mayor Taylor No Commissioner Holmes: To the Clerk I want you to type this up as soon as possible what was said from the beginning of this resolution to the end verbatim.. Thank you very much Mayor I appreciate how you explained you did an excellent job. Vice Mayor Kelley: I still think we need some clarity on the whole assignment liaison issue, I am going to meet with the Attorney because 1 know in other cities you have liaisons that coordinate with departments and we don't have that at all. I think we need to come up with that and bring it back to the Commission and vote so we can be clear on who is the liaison to what so I'm going to work towards that end so we can have something in place by the new year. Mayor Taylor: Our new fiscal year. Would you make that verbatim what the Vice Mayor just said because I want to keep up with that. Commissioner Johnson: To the clerk I would like the whole conversation that we've had over 20 something minutes on this to be verbatim and remember it will become part of the law suit that is already pending. I tried to oversight with this and I appreciate it. Thank you very much. Note: This concludes the verbatim portion of these minutes. 16. NEW ITEMS: 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE CONTRACT AMENDMENT #1 TO THE URBAN QUALIFICATION COOPERATION AGREEMENT WITH MIAMI-DADE COUNTY, FOR CONTINUED PARTICIPATION IN MIAMI-DADE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS ADMINISTERED THROUGH HUD; 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 Santiago to pass the 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 Regular Commission Meeting Minutes—07/09/2014 17 Mayor Taylor Yes 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: B. SECOND READING ORDINANCES/PUBLIC HEARING: C. RESOLUTIONS/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: A. CITY MANAGER'S REPORT: Manager Baker reported that the newsletter is at the printer and he is hoping to see it out by next week. It will be a signature edition and he is happy to have it finalized. He is moving forward with the CIP program and he will elaborate more on it. Staff had two productive bid meetings on yesterday for the Burlington Street Program and New City Hall Project and roughly eighteen companies participated for both meetings. He further said the Historic City Hall Town Hall Meeting is complete and he was able to gain additional input. The Customer Service Training is on-going and is still moving forward. The Gateway Sign is beginning to take shape and come together. He stated that the Budget is scheduled for next week and at that time he will be soliciting input from the City Commission on establishing and setting goals for the upcoming year as well as providing an update on the Strategic Plan. He was pleased to report the Family Dollar have pulled their permits and construction is about to take place. Jackson Restaurant is currently seeking fire approvals from the County and he will keep the City Commission abreast of updates. Manager Baker said two years ago he arrived at the City of Opa-locka and he must say he did not think he would last a month and he trusting that they have established a working relationship that could possible last a few more years. Within the past two years the foundation has been laid and allowed the city to be champions of various projects such as Sherbondy Village, Helen Miller Center, and he more to come. The city has already embarked on the most progressive initiatives in the city's history and that's been through the City Commission guidance. He said he has reached out to some of the Commissioners and hopes to sit down with each of them individually to learn some of the things he can do to step up. It is his desire to not just meet their expectations, but far exceed them. He strives for excellence and believe it or not but every day he comes to work with his A game. A few months ago he had an opportunity to go to another city and he decided to Regular Commission Meeting Minutes—07/09/2014 18 stay at the City of Opa-locka because he has fallen in love with this city. He recognizes if he aborts his mission perhaps some of the things he has envisioned with each of them may not come to pass. When he was hired the city had an AMR system that never worked, today it works. He arrived in Tallahassee to begin to speak to some of his friends that funded him in his previous city and was told that the City of Opa-locka was suspended and he begged and pleaded for an opportunity because it's a new day in Opa- locka and the favor of God continues to shine upon this city. His commitment for the organization is stronger than before and he believes the best is yet to come. In his report he outlined should the favor of God continues this city will have over$70 Million Dollars of Capital Projects scheduled to take place. Tonight he is asking for the City Commission to consider giving him at least a two year contract and that will represent their commitment to him as he is committing himself to complete what he has started. Commissioner Santiago asked the City Manager is he asking the City Commission to give him two year contract to complete his task? Manager Baker replied, yes. Commissioner Santiago said a good Manager with strong power can run the city by making sure the staff does the right thing and everyone does their job. Commissioner Johnson asked, what is the status of the employee pay schedule? Manager Baker said the completion of the pay schedule is pretty much complete and they are a few days away from finalizing it. Commissioner Johnson said if she understands the City Manager correctly does that mean he have already met with ASFCME? Manager Baker said no, this is just the pay study they are doing internally. Commissioner Johnson asked, what is the next step? Manager Baker said his plan is to submit what he has to the City Commission. ASFCME is still having their challenges and they have not met with them. Commissioner Johnson said if she understands correctly, by the next meeting the City Commission should get a report on the status of where they are now. Manager Baker replied, yes. Commissioner Johnson said there is a moral problem amongst the non-bargaining employees. They see the city having events and paying money for a gateway but they have not received a salary increase since 2009 but most of the top staff has received an increase. They need to work on employee moral to make sure eight hour work is eight hours pay. As it relates to 22nd Avenue and 135th Street, Commissioner Johnson asked what is going on because she notices a lot of tractors. Regular Commission Meeting Minutes—07/09/2014 19 Manager Baker said that's a DOT project where they are putting in handicap ramps and they are installing them at all intersections. Commissioner Johnson said things of that nature should be mentioned under the City Manager's Report for the record. She said she does not know what the city's dress code is but she has noticed some of the dress appeal is not professional. Human Resources need to look at the professional of the attire for all the employees. In addition, too many employees are driving city vehicles without seatbelts. Manager Baker said the "How's my driving program" has been implemented and they are in the process of putting the decals on all city vehicles. Commissioner Johnson said some of the vehicles do not have seat belts and she previously mentioned that they need to be taken off the road and repaired. She further said when it comes to the trash she think staff has to do a better campaign of how citizens put their trash out so when the company picks the trash up it will not be all over the streets. The garbage needs to be in garbage bags before they put it in the garbage cans. Commissioner Holmes said when the City Manager was first hired he told him that position is a hot seat but Mr. Baker stayed in the seat and he likes that. Manager Baker has done great things in this city since he was hired and he appreciates him. He said when you love the city you have to love the people in the city as well and the way he remained an Elected Official so long is because he cares and respect the people and hopefully in November it will be his sixth time being elected. He further directed the City Manager to stay on top of the garbage company to make sure they are picking the garbage up on time. Mayor Taylor thanked the City Manager for the job he has done over the last two years. Vice Mayor Kelley said he is still concerned about the garbage pickup and he is receiving a lot of complaints. He said what really disturbed him is when he witnessed one of his elderly neighbors outside Monday night taking his garbage out to the street because the garbage can was still outside not picked up. He like the idea that the company is local and they hire Opa-locka residents but something is not working with the collection. He directed the City Manager to take care of the issue. 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. She was pleased to announce that the reserve balance was increased by $6,250.00 for a balance of $244,447.86. Regular Commission Meeting Minutes—07/09/2014 20 Mrs. Liburd said she will be able to give the 3`d quarter report by July 15th and based on her preliminary review the city will end the 3` quarter in the black. She said she is confident that they city will end 2014 in the black. Commissioner Johnson directed staff to look at the payroll checks because she notices sometime they reflect the 780 Fisherman Street address. Mrs. Liburd said that is old stock but she will look into that concern. Commissioner Johnson asked do the city have bank accounts internationally. Mrs. Liburd said to her knowledge as of July 9, 2014 at 9:15 p.m. she is not aware of any international bank accounts. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller said he submitted his report in writing; however he will answer any concerns the City Commission has. Commissioner Johnson said she appreciates the City Attorney's improvement with submitting documentation to the City Clerk's Office in a timely manner; however one of the areas that need improvement is add-on agenda items. She further suggested that the City Attorney work with staff to make sure the backup documents are updated because she notices some of the information is outdated. Commissioner Santiago asked the City Attorney does he have a city phone? Attorney Geller replied, no. Commissioner Santiago asked the City Attorney have he changed his telephone number because he called him over 20 times and his called was not returned. Attorney Geller said he did not get a miss call from Commissioner Santiago but he is always available by text message. 22. CITY CLERK'S REPORT: Vice Mayor Kelley said he received the email the City Clerk sent to the City Attorney regarding the charter but he did not hear it mentioned and he does not want the citizens to feel like the city is not responding to their concerns. He asked are they the working to get the questions answered? Attorney Geller said they are doing some research with the County Attorney's Office to see what their position is. Regular Commission Meeting Minutes—07/09/2014 21 Vice Mayor Kelley said the issue is not do we like what the citizens is putting on or not, the issue is that do we have something in place to address the concerns. Commissioner Santiago reminded the City Clerk to verify the mailing system they use to notify people of events. He received a lot of complaints from the west side of the city that they did not get any information for the 4th of July event and this is not the first time this has happened. Clerk Flores said she's not sure what was in place for the mail out because she did not serve on that committee. She said she can speak to Commissioner Santiago to make sure everything is in place. Commissioner Johnson asked the City Clerk to provide each Commissioner with a copy of the Robert Rules of Order book. She further said as it relates to the mailing, last year she brought back two to three trays of mail that was not delivered by the Postal Service because the addresses were inaccurate. She is still under the impression that was not corrected and she would not direct that to the City Clerk because the City Manager needs to correct that problem. Clerk Flores informed Commissioner Johnson that each Elected Official received a Robert Rules of Order book. 23. MAYOR/COMMISSION REPORT: Commissioner Johnson reported that she had a very impressive meeting with the Community Development Director regarding signage. Vice Mayor Kelley said he will continue to work on the Ingram Terrace Apartments challenge and he hopes to get some resolution on that soon. He is still working on the Gardens Greenspace and he plans to have a meeting with the citizens in August. The Clergy is still meeting on the 2nd Thursday of the month at 11:30 a.m. some of the Pastors have concerns of where they are located and he is working with the City Manager to address those concerns. He is still working to secure more funding for the Cultural/Gymnasium at Helen Miller Center. The Senior Citizens Computer Class currently has 16 students enrolled and he is hoping to have a second class once they are complete. Vice Mayor Kelley requested that the City Manager stay on top of the meeting with the Meek Foundation regarding development. He commended Commissioner Santiago for hosting the 4th of July event and said it was an exciting event. Commissioner Santiago thanked his colleagues for allowing him to host the city's 4th of July event and it made him proud to see the citizens enjoying themselves. He thanked the City Manager and all the departments that assisted him with the 41h of July event. Regular Commission Meeting Minutes—07/09/2014 22 Mayor Taylor thanked Commissioner Santiago for hosting a beautiful 4th of July celebration. She further thanked Chief Key for representing the City of Opa-locka at the No More Stray Bullets event. Mayor Taylor thanked her colleagues for supporting the Teen Court legislation. She said she sponsored the legislation because she is tired of the children getting their lives messed up through the court system, Teen Court gives them a second chance and it expunge their record. 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 adjourn the meeting at 9:36 p.m. �1 NIWYOR ATT T: ri l CITY CLERK Regular Commission Meeting Minutes—07/09/2014 23