HomeMy Public PortalAbout01- January 28, 2009 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
Clerk's Action Summary Minutes
Regular Commission Meeting
January 28,2009
7:00 p.m.
City Commission Chambers
777 Sharazad Boulevard
Opa-locka, FL 33054
1. CALL TO ORDER:
Mayor Joseph L. Kelley called the meeting to order at 7:01 p.m. on Wednesday, January
28, 2009 in the City Commission Chambers, 777 Sharazad Boulevard, Opa-locka, Florida
33054.
2. ROLL CALL:
The following members of the City Commission were present: Commissioner Rose
Tydus, Vice Mayor Myra L. Taylor, Commissioner Timothy Holmes, Commissioner
Dorothy Johnson and Mayor Joseph L. Kelley. Also in attendance were: Interim City
Manager Bryan K. Finnie, City Attorney Burnadette Norris-Weeks and City Clerk
Deborah S. Irby.
3. INVOCATION:
The Invocation was delivered by Mayor Joseph L. Kelley.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. APPROVAL OF AGENDA:
Clerk Irby advised of the request to amend the agenda to include the following
resolutions under new items (agenda item 12):
12-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE PENDING
LAWSUIT BROUGHT BY FORMER POLICE CHIEF JAMES WRIGHT AND
FURTHER PERMIT THE CITY MANAGER TO ISSUE A FORM 1099 IN
CONNECTION WITH PAYMENT AND IN EXCHANGE FOR A RELEASE
AGREEMENT PROVIDING FOR INDEMNIFICATION TO CITY. Sponsored by C.M.
Regular Commission Meeting Minutes—01/28/2009 1
It was moved by Commissioner Johnson, seconded by Commissioner Tydus to amend the
agenda to include the above resolution as item 12-1.
There being no discussion, the motion passed by a 4-1 vote.
Vice Mayor Taylor Yes
Commissioner Holmes No
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
12-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE AMENDMENT TWO TO THE FISCAL YEAR 2007 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF OPA-LOCKA. Sponsored by C.M.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to amend the
agenda to include the above resolution as item 12-2.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
6. APPROVAL OF CONSENT AGENDA AND PULL LIST:
Manager Finnie deferred items 15-6 and 15-7 from the Consent Agenda; Commissioner
Johnson deferred 14A1 (first reading ordinance) and 15-1 from the Consent Agenda.
Commissioner Johnson pulled 15-2 from the Consent Agenda.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
Regular Commission Meeting Minutes—01/28/2009 2
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting—January 14, 2009
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to approve the
minutes of the Regular Commission Meeting of January 14, 2009.
There being no discussion, the motion passed by a 5-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
9. DISTRICT ONE—COUNTY COMMISSIONER REPORT:
Mark Brown, Assistant to Commissioner Barbara Jordan, District 1 County
Commissioner, came forward and briefly discussed the Annual Valentine's Day Hop for
Seniors on Friday, February 13, 2009 at the Landmark Auditorium from 5:00 p.m. to 8:00
p.m. Additionally, he provided a brief update on the beautification and rehab projects.
Commissioner Johnson expressed her concerns relating to the overgrown palm trees and
drainage on NW 32nd Avenue and requested that Mr. Brown provide the Interim City
Manager with the contact names and numbers previously provided to the former City
Manager.
She further requested that Mr. Brown highlight the Mom & Pop grant program.
Mr. Brown advised that the annual Mom & Pop grant program is a for profit grant for
businesses that can receive up to $5,000.00.
Vice Mayor Taylor expressed her concerns relating to the repairing of streets and roads
and asked whether that was a collaboration effort between the city and the county.
Manager Finnie advised that it could be city, county or state; it's just a collaboration
effort through the county commissioner's office as far as who's the right person to
contact and then he will proceed.
Vice Mayor Taylor asked, who's in charge of putting the lines in the street?
Manager Finnie advised that the city would be in charge of its streets and the state and
county would be in charge of their roads.
Regular Commission Meeting Minutes—01/28/2009 3
10. PUBLIC PRESENTATION:
10a. CITIZENS FORUM:
Robert Stirrup, 751 Curtiss Drive, Opa-locka, FL 33054
Julmiste Mayhue, 730 Curtiss Drive, Opa-locka, FL 33054
Sharon Wimberly, 740 Curtiss Drive, Opa-locka, FL 33054
Enrique Loran, 760 Curtiss Drive, Opa-locka, FL 33054
Ivy Cromer, 920 Curtiss Drive, Opa-locka, FL 33054
The above residents appeared before the City Commission to express their frustration
with the lack of parking on Curtiss Drive and the issuance of parking citations for parking
on the sidewalk and/or other areas on that street.
Commissioner Holmes suggested that the City Commission approve a resolution to cease
the issuance of parking citations on Curtiss Drive until the issue with parking is resolved.
Mayor Kelley preferred to have the City Manager provide the Commission with a
recommendation, take the appropriate steps and address the concerns of citizens.
Manager Finnie stated that he would provide a report at the February 11, 2009
commission meeting on this matter and he would speak with the Chief of Police on that
issue.
Additionally, Mrs. Wimberly stated that the grass is not being maintained on Curtiss
Drive.
Vice Mayor Taylor suggested that the city suspend the ticketing until the issue with the
parking is resolved.
Manager Finnie stated that he would look at a moratorium on certain activities outside of
the Zoning Code.
Irma Skiles of 14261 NW Irma Skiles Court, Opa-locka, Florida appeared before the City
Commission and stated that she was happy to know that this administration is boldly in
the process of reclaiming the most populous and essential facility this city has ever
possessed which is the Opa-locka Executive Airport.
Chief Dan Gonzalez of the Miami-Dade Fire Rescue came forward to address any
concerns.
At the previous meeting, Mayor Kelley stated that the Chief said he would have a fire
truck at the MLK walk and he was disappointed to find out that there wasn't any
participation from the Fire Department.
Regular Commission Meeting Minutes—01/28/2009 4
Chief Gonzalez apologized for overlooking the MLK walk this year and suggested that
the Commission feel free to make the request in the future.
On behalf of the Fire Department, Commissioner Holmes said he believes there was a
misunderstanding with the MLK Walk and the MLK Parade.
11. ACTION ITEMS:
15-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT
TO FORMER CITY MANAGER JANNIE R. BEVERLY IN THE NET AMOUNT OF
SEVENTY-EIGHT THOUSAND FOUR HUNDRED AND TWO DOLLARS AND
EIGHT CENTS ($78,402.08) AS SET FORTH IN EXHIBIT "A", PAYABLE FROM
ACCOUNT NUMBER 12-512110; FURTHER AUTHORIZING PAYMENT OF
THIRTEEN THOUSAND SEVEN HUNDRED TWENTY-FOUR DOLLARS ANS SIX
CENTS ($13,724.06) ON BEHALF OF JANNIE R. BEVERLY, TO THE STATE FRS
AND THIRD PARTY PROVIDER FOR RETIREMENT AND DEFERRED
COMPENSATION BENEFITS, PAYABLE FROM ACCOUNT NUMBER 12-512220;
AND AUTHORIZING PAYMENT OF THIRTEEN THOUSAND SEVEN HUNDRED
TWENTY DOLLARS ($13,720.20) ON BEHALF OF JANNIE R. BEVERLY, TO
THIRD PARTY PROVIDERS FOR INSURANCE BENEFITS, PAYABLE FROM
ACCOUNT NUMBER 12-512230. Sponsored by T.H.
The above resolution was read by title by Attorney Norris-Weeks.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Commissioner Johnson asked, has the former City Manager received sick leave and
annual leave?
Sharlene Boyd, Director of Human Resources for the City of Opa-locka advised that the
former City Manager has received all payments due to her for sick leave and annual
leave.
Commissioner Johnson stated that it was her understanding that compensatory time was
not a part of the annual and sick leave at $31.00 per hour times 7,488 which would equal
up to $232,128.00. She asked, is this accurate?
Mrs. Boyd replied, yes.
In looking at the compensatory time the former City Manager would have received
versus the amount in the resolution, Commissioner Johnson said there is a very
substantial difference in the amounts.
Regular Commission Meeting Minutes—01/28/2009 5
Upon hearing the comments from Commissioner Johnson regarding compensatory time
and reviewing the contract for the former City Manager, Commissioner Tydus stated that
benefits do not include compensatory time and she could not ignore and totally disregard
the conditions of the contract of which Mrs. Beverly was fully aware of. She continued
by reading into the record the following provisions of the contract: Section 3 (A), (B), (C)
and(D). Obviously, these provisions in the contract were not considered in deliberations.
Also page 7, Section 22 (F) states that "this agreement shall not be amended, modified,
altered or changed in any way without the written consent of all parties thereto".
She further stated that she, in good conscious, cannot totally disregard the conditions of
this agreement setting precedence and setting the city up for possible litigation as
experienced in the past with regards to terminations and/or resignation of contracted
employees.
Commissioner Johnson asked for a legal opinion from the City Attorney as it relates to
the contract for former City Manager Jannie R. Beverly.
Attorney Norris-Weeks advised that the Commission has the option whether they want to
pay outside of the contract or not; however, should they decide to abide by the contract
there isn't a provision that would require that they pay in the amounts in the resolution as
brought forth. Should the Commission decide to pay Mrs. Beverly irrespective of the
contract; they can do that as a policy decision.
Commissioner Johnson questioned the City Attorney as far as liability relating to this
resolution.
Attorney Norris-Weeks stated that she didn't know of any liability necessarily; Mrs.
Beverly is an appointed official of the city, she's in a unique position; therefore, she
doesn't know that it presents any undue liability and it's purely a policy decision for the
Commission.
Mayor Kelley expressed his concerns with regards to the above matter and stated that the
contract clearly doesn't call for the former City Manager to get any funds; but if it is up
to the majority of the Commission to give her, just out of the love of their heart, a year
salary then that's fine because there's nothing in the contract that says she's entitled to a
whole year. As much as he liked the former City Manager and was supportive of her and
yes if she would have been terminated with or without cause she possibly could have
received more; but they don't know that because it didn't occur.
He continued by saying that this resolution calls for close to $100,000.00 out of the
general fund and the city already has a City Manager. He pointed to the fact that when
this Commission, in his absence, appointed the current Interim City Manager, they did
not follow and still have not followed the process according to the existing code. He
suggested that if the Commission wants to give the former City Manager $100,000.00,
that they can do; but that they don't tie in any numbers and compensation because clearly
Regular Commission Meeting Minutes—01/28/2009 6
there's nothing in the contract that entitles her to $100,000.00 walking away. In essence,
the city will pay for two City Managers in the current fiscal year for one position.
He further stated that in his opinion this resolution sets a bad precedence for the future
but it is up to the will of the Commission.
On behalf of former City Manager Beverly, Commissioner Holmes reiterated her
accomplishments, hard work and dedication to the city over the years and expressed his
support of the above resolution.
In dealing with contract employees, Commissioner Johnson asked, what precedence has
that ever set?
Typically, Mrs. Boyd stated that contracts are followed for the most part; however, when
the Commission is involved, they have the right to decide how they want to carry out the
contract.
Commissioner Johnson asked whether Mrs. Boyd had dealt with compensatory time or
personal leave that equals to money.
Mrs. Boyd stated that at the level the City Manager is at, compensatory time is something
that's typically not tracked.
Commissioner Johnson asked the City Attorney for her professional opinion as to what
legal precedence the Commission would be setting by passing this resolution?
From a legal standpoint, Attorney Norris-Weeks stated that it was not setting any legal
precedence. The appointed officials are unique from other employees and the
Commission can look at these on a case by case basis as the issues come up.
According to Attorney Norris-Weeks, Mayor Kelley stated that from a legal precedence
the Commission can legally give out money to anybody they want to because it becomes
a policy decision; but in his opinion it is not a good decision.
There being no further discussion, the motion passed by a 3-2 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus No
Vice Mayor Taylor Yes
Mayor Kelley No
12. NEW ITEMS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE PENDING
Regular Commission Meeting Minutes—01/28/2009 7
LAWSUIT BROUGHT BY FORMER POLICE CHIEF JAMES WRIGHT AND
FURTHER PERMIT THE CITY MANAGER TO ISSUE A FORM 1099 IN
CONNECTION WITH PAYMENT AND IN EXCHANGE FOR A RELEASE
AGREEMENT PROVIDING FOR INDEMNIFICATION TO CITY. Sponsored by C.M.
The above resolution was read by title by Attorney Norris-Weeks.
It was moved by Commissioner Johnson, (Mayor Kelley passed the gavel to Vice Mayor
Taylor) seconded by Mayor Kelley to pass the above resolution.
Commissioner Johnson asked, how could the city give a form 1099 to an employee who
was not providing professional services?
Attorney Norris-Weeks advised that it happens frequently; in fact its happened in other
city cases. She said she has researched it, it isn't illegal and the fact that he's filed a
lawsuit, he is no longer an employee. This doesn't present any legal issues for which she
has issues for and she is further going beyond that by protecting the city with a very
extensive indemnification clause for release from any and all liability. Under the
circumstances, the former police chief is owed under the contract and it would be in the
best interest of the city to resolve this issue. The Commission has already approved to
pay him and the only issue here is the issue of the 1099.
She continued by recommending that the Commission adopt the resolution.
Manager Finnie concurred with the City Attorney's assessment of the situation.
For the record, Commissioner Holmes stated that he didn't know why this resolution was
brought forth. On October 8, 2008, the City Commission adopted Resolution No. 08-
7361 to pay James Wright over $140,000.00 and he hasn't heard anything about that
resolution being rescinded. Should this resolution pass, he said he would send a copy of
the above resolution and Resolution No. 08-7361 to the State Attorney's Office.
Commissioner Johnson asked, about how much money was paid out to Mr. Wright?
Manager Finnie advised that no monies were disbursed in the city but checks had been
written.
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that no
money was paid out.
Commissioner Holmes asked, did the city draft checks in October upon approval of
Resolution No. 08-7361?
Dr. Orji advised that the checks were drafted but they were never picked up.
Regular Commission Meeting Minutes—01/28/2009 8
When Resolution No. 08-7361 passed back in October 2008, Commissioner Holmes said
it was stated in the minutes that there would be no other money owed; therefore, it is
wrong to sit there and say that no monies were issued because the city did issue the
checks, and if Mr. Wright didn't pick those checks up, then that's not the city's problem.
At the meeting, Attorney Norris-Weeks stated that the Commission may recall that they
were trying to resolve the issue and there wasn't a meeting of the minds. When you have
a meeting of the minds that's when there's a contractual agreement. Just because the city
takes it upon itself to say here we are going to pass this resolution doesn't mean there's
an agreement and that is why the lawsuit was filed.
She recommended that the Commission allow a shade meeting to hear some of the issues,
know what the litigation involves. She along with the City Manager met with Mr.
Wright's attorney to resolve the issue. She further stated that they researched the matter,
they are comfortable with the language of indemnification and there are no legal issues
she sees that will be presented by passing this resolution.
On October 8, 2008, Commissioner Holmes stated that the City Attorney informed the
Commission that there would be no other monies paid. The lawsuit came after the
resolution for payment was passed in October 2008; therefore, it doesn't have any
binding to it.
Since the checks haven't been picked up, Commissioner Johnson made the assumption
that the money was still in the city's account.
Manager Finnie replied, yes.
Commissioner Johnson asked, would the amount remain the same because she is hearing
the same figure and she doesn't want to put it out there that the city is paying double.
Attorney Norris-Weeks advised that the amount is the exact same figure; in other words,
the city is not paying any additional amount.
Commissioner Johnson asked about the length of time the checks are valid for.
Manager Finnie stated that the standard for a check is any where from 60 to 90 days.
Commissioner Johnson stated that the check is no good and the city would have to re-
issue a new check anyway. She further stated that she didn't understand why the city
would have to bring this issue back again.
Attorney Norris-Weeks stated that it is back for the 1099 issue.
As it relates to the Form 1099, Commissioner Holmes stated that the city is not taking
any taxes out and with the first resolution the city did take taxes out.
Regular Commission Meeting Minutes—01/28/2009 9
Attorney Norris-Weeks stated that the Form 1099 would allow the individual to be
responsible for the taxes.
In dealing with these types of issues in the future, Mayor Kelley directed that the City
Attorney meet with the Commission individually so that when these types of issues come
up, it is clear. The Commission has spent too much time on this dialogue.
Vice Mayor Taylor asked questions to get further clarification on this issue.
In October, the same amount was agreed upon; however, Attorney Norris-Weeks stated
that they wanted the 1099 issued then and the Commission passed the resolution when
the attorney was going in and out trying to talk to his client. While the attorney was
outside, the Commission passed the resolution and when he got back in he found out that
it had passed but then his client didn't agree with that. Now, the Commission is back
trying to agree understanding the whole picture and all of the issues that are out there.
Vice Mayor Taylor asked, if an agreement wasn't reach then why would the city come up
with a resolution in the first place?
Commissioner Johnson stated that she was the one who brought the issue up thinking that
an employee who received pay from the city should have taxes taken out, and the city
would be responsible for the taxes; that is the reason she is challenged with the 1099. The
1099 is so that the party would be responsible for paying the taxes and not the city; but
during that meeting in October by the time the party came back in the Chambers the
Commission had already voted and moved to another subject.
Vice Mayor Taylor expressed her concerns about this issue already being settled on
October 8, 2008 and said she didn't see how the city could come back again with another
resolution. She inquired as to why the resolution from October 8, 2008 wasn't being
followed. Now the individual is coming back saying he doesn't want what was in the
October 8, 2008 resolution because he wants a lump sum of money along with a 1099 in
exchange for a settlement when a release settlement agreement should have been done at
the time of the October 8, 2008 resolution. The city is now coming back saying that the
resolution needs to be undone. She said she is uncomfortable with that because that
makes the October 8, 2008 resolution have no effect; the Commission would have to
rescind that resolution and start over because they can't have two resolutions on the same
item.
The only reason the previous resolution wasn't rescinded, Attorney Norris-Weeks stated
was because she didn't think it was inconsistent. The city awarded the amount and the
only issue is the 1099 and the amount is the same.
Vice Mayor Taylor stated that the 1099 is important because in the resolution the 1099 is
in exchange for something.
Regular Commission Meeting Minutes—01/28/2009 10
Mayor Kelley suggested that a Shade Meeting is held so that the Commission concerns
are addressed relating to this issue.
The motion and second were withdrawn to allow for a Shade Meeting prior to the
resolution coming back before the Commission.
Vice Mayor Taylor directed the City Attorney to rescind the October 8, 2008 resolution
and come back with one resolution that the Commission can vote on.
With the Shade Meeting Attorney Norris-Weeks advised that she would have to
announce it in that meeting. She asked, would the Commission like to conduct the Shade
Meeting an hour prior to the next regular commission meeting?
Vice Mayor Taylor said she didn't have to talk to anyone just as long as when the
resolution comes back that it is clear and the previous resolution is rescinded.
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE AMENDMENT TWO TO THE FISCAL YEAR 2007 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF OPA-LOCKA. Sponsored by C.M.
The above resolution was read by title by Attorney Norris-Weeks.
It was moved by Vice Mayor Taylor, seconded by Commissioner Holmes to pass the
above resolution.
Commissioner Johnson asked, why is the city dealing with something dated 2007?
Manager Finnie explained that the contract officer from Community and Economic
Development brought those contracts to the city; there are approximately five contracts
the city agreed to merge into one large contract and get approved by this board to keep
the money alive through the next fiscal year. He advised that if this resolution is not
approved then the contracts will lapse on January 30, 2009 and those dollars will no
longer be the assets of the City of Opa-locka.
He further stated the grants were for five different projects which the city didn't have
enough money for.
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and explained that
every grant is time specific; the projects that the grants pertain to the city has been unable
to get enough money to carry out a particular one. By pulling these pockets of money
together and extending the time that would allow management for one or two good
projects.
Regular Commission Meeting Minutes—01/28/2009 11
Manager Finnie advised that with this action he believes the city would have enough
money to start the Sherbondy Park project in 2009.
There being no further discussion, the motion passed by a 5-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
13. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
14. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA; REPEALING ORDINANCE 07-03, CODIFIED AS CHAPTER 7,
ARTICLE I, SECTION 7-12 OF THE OPA-LOCKA CODE OF ORDINANCES
ENTITLED "APARTMENT BUILDINGS WITH TWENTY FOUR UNITS OR
MORE"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
The above ordinance was deferred.
B. SECOND READING/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE DUAL DESIGNATION OF SINBAD
AVENUE FROM NW 135TH STREET TO OPA-LOCKA BOULEVARD AS
"OFFICER EPHRIAM BROWN AVENUE"; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE (first reading held on January 14, 2009).
The above ordinance was read by title by Attorney Norris-Weeks.
Mayor Kelley opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
Regular Commission Meeting Minutes—01/28/2009 12
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above ordinance.
Attorney Norris-Weeks advised that the Commission would have to enter into discussion
about the significance of the person and whether there are any debts owed to the city to
conform to the recently adopted ordinance regarding street naming.
Commissioner Holmes stated that Officer Brown was killed in the line of duty; therefore,
there is no debt owed by Officer Brown.
There being no further discussion, the motion passed by a 5-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
C. RESOLUTIONS:
15. ADMINISTRATION:
CONSENT AGENDA:
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING PAYMENT OF EIGHT THOUSAND TWO
HUNDRED AND FIFTY DOLLARS ($8,250.00) TO MILAGROS FARM NURSERY
FOR THE PLANTING OF TREES AS PART OF THE CITY OF OPA-LOCKA TREE
PLANTING AND BEAUTIFICATION PROJECT, PAYABLE FROM ACCOUNT NO.
41-541340. Sponsored by C.M.
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT
TO SUNBELT RENTALS, INC. FOR WATER TRUCK RENTAL IN THE AMOUNT
OF EIGHT THOUSAND SIX HUNDRED EIGHTY-EIGHT DOLLARS AND EIGHTY
—NINE CENTS ($8,688.89) FOR THE WATERING OF TREES AS A PART OF THE
CITY'S ONGOING BEAUTIFICATION PROJECT, PAYABLE FROM ACCOUNT
NO. 41-541520. Sponsored by C.M.
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RESCINDING RESOLUTION 08-7330 AUTHORIZING THE
CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
SUPPLYING PAYROLL, HUMAN RESOURCE INFORMATION SYSTEMS (HRIS)
AND TIMEKEEPING AUTOMATION TO THE HUMAN RESOURCES
DEPARTMENT; PIGGYBACKING RFP BID AWARD #04-08-01 FROM THE CITY
OF MIRAMAR FOR ADP AND AUTHORIZING THE CITY MANAGER TO ENTER
Regular Commission Meeting Minutes—01/28/2009 13
INTO AND EXECUTE AN AGREEMENT WITH ADP TO PROVIDE PAYROLL
SOFTWARE & RELATED SERVICES TO HUMAN RESOURCES DEPARTMENT,
IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS
($45,000.00), PAYABLE FROM ACCOUNT NO. 13-513646. Sponsored by C.M.
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT
TO GREENSPOON MARDER, P.A. FOR LEGAL SERVICES RENDERED TO THE
CITY OF OPA-LOCKA IN THE AMOUNT OF THIRTEEN THOUSAND
SEVENTEEN DOLLARS AND SEVENTY-NINE CENTS ($13,017.79), PAYABLE
FROM ACCOUNT NO. 28-514390. Sponsored by C.M.
The above resolutions were read by title by Attorney Norris-Weeks.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
consent agenda resolutions.
The motion passed by a 5-0 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelly Yes
A. CITY MANAGER'S REPORT:
In addition to the day to day activities, Manager Finnie reported on the following several
items which he had been working on: Old Water Plant, recycling, repair of lights on Ali-
baba Avenue still ongoing with an expected completion date on the following week and
the unveiling of his Strategic Plan on February 7, 2009.
Vice Mayor Taylor expressed her concerns relating to the beautification efforts at the Old
Water Plant and thanked the Public Works Department for their continuous effort with
that ongoing project.
Commissioner Johnson rendered her concerns to the City Manager relating to the theft of
mail and reporting to the US Postal Inspector for corrective action; maintenance to be
included as a part of contracts (i.e. NW 27 Avenue beautification project); and
incorporating PULSE project into the CET program.
She further asked for an update on the CET program.
Chief Rodney Ballentine of the Opa-locka Police Department came forward and stated
that the CET program is going well reducing crime and the program will be moved to the
Garden Apartments.
Regular Commission Meeting Minutes—01/28/2009 14
Commissioner Johnson explained that PULSE has a project called Hot Spot for reporting
illegal activities while remaining anonymous and she would like the city to see about
incorporating that into the CET program.
She continued by saying she is concerned about city telephones going to voicemail
during normal business hours. She further asked for the schedule for the Customer
Service training as mentioned in the workshop.
Manager Finnie stated that the Commission gave him directions and on February 7, 2009
he will come back with the action steps and timelines.
Commissioner Tydus expressed her concerns relating to speeding on Jann Avenue and
the need for speed bumps.
At the February 7, 2009 meeting, Manager Finnie stated that he would discuss a citywide
strategy for speed bumps.
Commissioner Tydus stated that she personally witnessed chickens going through the
mail system at the Post Office being delivered to single family addresses and she didn't
know whether this is legal.
Commissioner Johnson advised that it is legal to mail live stock through the U.S. Postal
System.
Commissioner Tydus suggested that the city look into this matter because it would be
counterproductive for the city's efforts in prohibition of chickens.
To address this problem, Manager Finnie stated that he would get with Code
Enforcement to see what could be done. Additionally, he would contact the Town of
Miami Lakes and the City of Miami Shores to see how their code treats animals from a
nuisance standpoint.
As it relates to the Old Water Plant/Transfer Area, Commissioner Tydus said that it is an
eyesore, safety hazard and as a city something must be done because it is deplorable for
the people who live in that area. Additionally, there are a lot of vagrants again.
Because of that same reason, Manager Finnie stated that the city began the beautification
project that resulted in the leak. The city is scheduled to go back out there, clean it up
again and put the fence back. Also, he would coordinate another effort with the Police
Department but first the city must put the fence back.
Commissioner Tydus thanked the City Manager for the tripod at the entrance of Town
Center directing the residents to the 4th floor for utility bill payments.
Commissioner Johnson asked for an update on the Trolley.
Regular Commission Meeting Minutes—01/28/2009 15
Manager Finnie requested that Commissioner Johnson allow him to research because he
was not familiar with the Trolley.
Commissioner Johnson asked for an update on the citywide cleaning of the drainage.
Manager Finnie advised that he would discuss the cleaning of the drainage at the meeting
on February 7, 2009.
Commissioner Holmes asked, has the city come up with an estimate as to how much
water was lost at the Old Water Plant?
Manager Finnie advised that he didn't have the information as of yet but would expect to
have it next week.
As suggested at the last meeting, Commissioner Holmes said he would like for the City
Manager to find out how much water was wasted during that period of time that the water
was leaking because the city has paid Miami-Dade County on a monthly basis for that
water. The water paid to Miami-Dade County by it coming through the meter also
impacts what the city charged the residents; therefore, he wants to know how much water
was wasted for a possible relief to the residents.
Additionally, he suggested that the City Manager have someone look into all of the
complaints relating to high water bills.
He further expressed his concerns relating to the requirement of a High School Diploma
or GED for certain positions such as maintenance, canal cleaning, etc. and asked that the
City Attorney look into bringing something back to take away the High School Diploma
or GED requirement out of the administrative rules or Code for these types of positions.
Commissioner Holmes expressed his concerns about the maintenance and cleaning of the
debris on the streets throughout the city especially in preparation for the upcoming Street
naming Dedication Ceremony in honor of President Barack Obama; prohibiting trucks
from driving on Perviz Avenue so that the street won't get messed up; lack of lighting
throughout the city; email from a resident regarding the Old Water Plant being deplorable
and an eyesore to the community; and suspend issuing parking tickets on Curtiss Drive
until the parking situation is addressed.
He further went on to talk about the incident that occurred over the weekend in Liberty
City and his efforts to work with Miami Crime Stoppers to raise money for the reward to
catch the person(s) responsible.
As it relates to employment, of concern to Mayor Kelley is the process used in notifying
individuals not selected for employment; individuals not getting an equal opportunity for
positions in maintenance, canal cleaning, etc. and giving preference to Opa-locka
residents.
Regular Commission Meeting Minutes—01/28/2009 16
With regards to the Planning and Zoning RFP, he asked has the city had a chance to
review the proposals and make a recommendation.
Manager Finnie stated that he had not received the recommendation as of yet.
Mayor Kelley asked, who's handling any items dealing with those types of issues?
Manager Finnie advised that staff would handle the items; however, any unusual zoning
modification item would be held until the city can hire a consultant to work with the
attorney for the proper land use sign offs.
Mayor Kelley asked, when does he anticipate the Planning and Zoning item to come
before the City Commission?
Manager Finnie assumed that it would be coming before his desk shortly.
Over the last few weeks, Mayor Kelley stated there had been a lot of discussion about the
water plant relating to the leak and Vice Mayor Taylor's clean up efforts. In terms of the
legislative package and the $17,000,000.00 that's kind of unrealistic in his opinion; he
would have liked to have seen if that could have been submitted in a broken down figure
(Phase I, Phase II). In his mind the first thing needed was a water atlas to be able to know
where everything is at.
As mentioned earlier, Manager Finnie advised that the resolution to come before the
Commission next month is to hire a consultant to provide the road map or water atlas.
The assumption was that there's grant money for reverse osmosis so that was the number
used which is not necessarily the money they are going for.
Mayor Kelley advised of some additional grant opportunities with regards to water
navigation and he would like staff to look at Ingram Park Lakefront because you can't go
through to Wilmington Street because there's not a clear roadway. He suggested that the
City Manager submit grant opportunities in the cycle coming up for a connection going
through to Wilmington Street until the city can beautify that side.
He directed that the City Manager determine and make plans for the Commission to
travel to Tallahassee in February prior to the session to present the city's legislative
package.
He informed Commissioner Johnson of a conference in April 2009 on Going Green.
Additionally, he stated that the National League of Cities Conference is in March 2009
and that would allow the Commission to have their discussions in Washington during the
conference as oppose to two separate trips. He directed the City Manager to set up those
meetings as well.
Regular Commission Meeting Minutes—01/28/2009 17
At the Florida League of Cities meetings, Commissioner Johnson stated that the City
Manager, City Clerk and City Attorney from other cities are in attendance.
C. ACCOUNTS PAYABLE:
The City Commission instructed the city to pay its bills.
16. OFFICIAL BOARD REPORTS:
Commissioner Johnson expressed her concern relating to the lack of boards submitting
their reports.
After speaking with several board members, Mayor Kelley said that they were awaiting
training and he doesn't know who's conducting the training.
Commissioner Johnson stated that the attorney is supposed to be putting some training
together.
Vice Mayor Taylor asked whether the boards had training.
Clerk Irby stated that all of the boards received training; however, some of the boards
meet on an as needed basis. The Nuisance Abatement Board will have an organizational
meeting in March 2009.
17. CITY ATTORNEY'S REPORT:
With respect to the training, Attorney Norris-Weeks requested that she coordinate that
Nuisance Abatement Board meeting with the City Clerk since some of it deal with legal
issues and it would be a good idea for the attorney to be involved with the training for
that particular board.
Commissioner Johnson asked for a report on the Opa-locka Executive Airport as it relates
to impact fees.
Attorney Norris-Weeks advised that she would have a memorandum to the Commission
before the end of the week; however, there is no legal basis for the county to give the
City of Opa-locka fees from the airport. Monies that go into airport coffers from the
Federal Government have to be used for airport activities and the county was cited in the
past for not doing that in some cases; therefore, this is a real serious issue they are trying
to comply with.
Commissioner Johnson expressed her frustration with the airplane traffic and noise from
Opa-locka Executive Airport.
Attorney Norris-Weeks advised of the monies available for noise abatement and
suggested that the City Manager coordinate with the county. She had a conversation with
Regular Commission Meeting Minutes—01/28/2009 18
Commissioner Jordan about the same issue and she understood from former City
Manager Jannie Beverly that is has been an ongoing issue with the city which has come
up many times before.
Commissioner Johnson directed the City Attorney and City Manager to get together on
this matter and find out what happened to the buffer previously discussed. Although this
issue has come up for years they have yet to come up with a solution. She said that it is
the same issue with CSX because there's no other cities where the railroad tracks look the
way they do in Opa-locka.
Commissioner Holmes directed the City Attorney to draft an ordinance notifying FAA,
Miami-Dade County and any other agencies that have anything to do with Opa-locka
Airport that the Commission and the citizens of this community do not want any more
planes flying over the City of Opa-locka.
As it relates to CSX and the Opa-locka Executive Airport, Vice Mayor Taylor said the
City of Opa-locka is complacent and nice in dealing with the county and other agencies
and it is now time for the city to be more aggressive and start talking up for this city.
Commissioner Johnson concurred with Vice Mayor Taylor and stated that the City of
Opa-locka must tell its own story and fight for the betterment of this community.
Commissioner Tydus noted that one of the cracks in the fight concerning the flights from
Opa-locka Airport is that when the records are checked the residents have not
complained. The city must get the message out to the residents so that when this happens
the phones and/or mail system is flooded. She suggested that the city emphasize this issue
in the newsletter and provide the telephone number and address for complaints. The city
should get a schedule of flights for Opa-locka Executive Airport.
Manager Finnie stated that the difficulty with Opa-locka Executive Airport is there's no
set schedule because these are private planes unlike MIA; however, he can go to
Executive Aviation and try to get the flight plan in order to get a number.
Mayor Kelley informed the City Attorney that he was still waiting on a report regarding
Section 8 Rental Properties.
18. CITY CLERK'S REPORT:
Clerk Irby reported that she is actively working on the upcoming Census 2010.
Commissioner Johnson directed the City Clerk to start working on the ad for the Street
naming Dedication in honor of President Barack Obama.
She asked about the street sign for Susie Young.
Regular Commission Meeting Minutes—01/28/2009 19
Clerk Irby stated that the street sign will be changed; but the problem with the sign is the
ordinance because it doesn't reflect a beginning and ending street for both Susie Young
and Doretha Parker.
Commissioner Holmes asked for an update on the additional street sign for the Honorable
Brian Hooten to be placed on the corner of Codadad Street and Sharazad Boulevard.
Clerk Irby said she would speak to Commissioner Holmes on the sign the following day.
Commissioner Holmes and Mayor Kelley commended the City Clerk and staff for a job
well done on the Mayor's State of the City Address.
Mayor Kelley informed the Commission that he received many requests for his speech.
Commissioner Johnson suggested that the Mayor's State of the City Address is aired on
You Tube and/or the city's Website.
19. MAYOR/COMMISSION REPORT:
Commissioner Johnson reported that she joined the National Coalition for 100 Black
Women; participated in both the Jose Marti Parade and MLK parade; participated in the
Liberty City candlelight vigil; is providing High School Diploma training in conjunction
with Miami-Dade College on Tuesdays and Thursdays from 6:00p.m. —9:00p.m.; making
educational programs available known to citizens; meeting with legal aid along with a
group of citizens from Nile Gardens; committee meeting for President Barack Obama
Street naming Dedication at Town Center from 10:00 a.m. — 2:00 p.m.; keynote speaker
on Friday, January 30, 2009 for Miami Job Corps Class of 2009; and working diligently
to make sure the city progress together as a team.
She suggested that the Commission revisit the workshop for the charter and code
revisions and come up with a possible date.
Mayor Kelley stated that his intent is to schedule the workshop on the Code and Charter
after the Vision Setting on February 7, 2009.
Commissioner Johnson stated that she would get with the City Attorney the following
week to bring back a resolution for Stop the Violence Month in October 2009. She
further directed the City Attorney to work on the Hotspot project.
Commissioner Tydus happily announced that she had the privilege of attending the
Presidential Inauguration which was quite an historical experience.
Commissioner Holmes commended the IT Department, Shawn Williams, Christina
Gordon and the Opa-locka Police Department for doing an excellent job. He reported that
he attended and enjoyed the Jose Marti Parade in Hialeah.
Regular Commission Meeting Minutes—01/28/2009 20
He further requested that the commission meetings are aired live on OPA-TV.
Mayor Kelley reported that he is continuing to meet regarding foreclosure challenges in
the city; met with other elected officials regarding the budget challenges in Tallahassee
but it does appear there will be some funding for infrastructure; has been in contact with
Commissioner Moss because he's over the Image Committee for assistance on SR9 as it
relates to beautification; State of the City Address; attended the Presidential Inauguration
and reached out to the Beacon Council for assistance small businesses in the city.
He continued by saying that he would not be able to attend the committee meeting the
following morning because he would be representing the city before the Dade Delegation
to present the city's package.
While the city has lobbying in Tallahassee, he suggested that the city look at Washington
as well particularly since our new president has made the statement of wanting to help
cities and because Opa-locka is a small city it will have to fight twice as hard to get
dollars.
Commissioner Holmes provided the residents with information as to what items could be
placed in the recycling carts.
20. OFFICIAL BOARD APPOINTMENTS:
Commissioner Johnson asked if there is any provision that would prohibit a city
employee from serving on the Charter Review Board.
Attorney Norris-Weeks requested that she be allowed to look into that issue and get back
to the Commission.
Commissioner Johnson suggested that the Commission deferred the board application to
the next regular meeting pending the response from the City Attorney.
Commissioner Tydus recommended re-appointing Calvin Russell to the Planning
Council.
It was moved by Commissioner Tydus, seconded by Commissioner Johnson to re-appoint
Calvin Russell to the Planning Council.
There being no discussion, the motion passed by a 5-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
Regular Commission Meeting Minutes—01/28/2009 21
Vice Mayor Taylor re-appointed Rodney Watkins to the Community Relations,
Recreation & Activities Advisory Board.
Commissioner Johnson asked for an updated list of the board members.
Mayor Kelley extended an invitation to the Installation for the Miami-Dade Caucus of
Local Black Elected Officials on February 9, 2009.
21. ADJOURNMENT:
There being no further persons to come before the City Commission, it was moved by
Commissioner Holmes, seconded by Commissioner Johnson to adjourn the meeting at
10:20 p.m.
MAYOR
ATTEST:
dirvIT CL •
Regular Commission Meeting Minutes—01/28/2009 22