HomeMy Public PortalAbout02- February 11, 2009 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
Clerk's Action Summary Minutes
Regular Commission Meeting
February 11,2009
7:00 p.m.
City Commission Chambers
777 Sharazad Boulevard
Opa-locka,FL 33054
1. CALL TO ORDER:
Vice Mayor Myra L. Taylor called the meeting to order at 7:03 p.m. on Wednesday,
February 11, 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, Commissioner Timothy Holmes, Commissioner Dorothy Johnson and Vice
Mayor Myra L. Taylor. Also in attendance were: Interim City Manager Bryan K. Finnie,
City Attorney Burnadette Norris-Weeks and City Clerk Deborah S. Irby. Mayor Joseph
L. Kelley arrived at 7:08 p.m.
3. INVOCATION:
The Invocation was delivered by Commissioner Rose Tydus.
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 changing the language to first
reading ordinance 14A1 and including the following resolutions under new items (agenda
item 12):
LANGUAGE CHANGE—AGENDA ITEM 14A1:
14A1: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE DUAL DESIGNATION OF NW 32ND
AVENUE FROM THE 127TH STREET CANAL NORTH TO NW 135TH STREET AS
"THE HONORABLE JOHN RILEY STREET"; PROVIDING FOR REPEAL OF ALL
Regular Commission Meeting Minutes—02/11/2009 1
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
It was moved by Commissioner Johnson, seconded by Commissioner Tydus to approve
the language change as reflected above.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Tydus Yes
Commissioner Johnson Yes
Vice Mayor Taylor Yes
Mayor Kelley Not present
ITEMS TO BE ADDED TO THE AGENDA UNDER NEW ITEMS:
12-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ESTABLISH AN
OPERATING BUDGET OF THIRTY THOUSAND DOLLARS ($30,000.00) FOR THE
DEDICATION CEREMONY FOR "PRESIDENT BARACK OBAMA AVENUE";
FURTHER DIRECTING THE CITY MANAGER TO PROVIDE THE CITY
COMMISSION WITH THE TOTAL EXPENDITURES FOR THE DEDICATION
CEREMONY WITHIN SIXTY (60) DAYS. Sponsored by D.J.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to amend
the agenda to include the above resolution as item 12-1.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes Yes
Vice Mayor Taylor Yes
Mayor Kelley Not present
12-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO WORK IN
CONJUNCTION WITH COMMUNITY CAPACITY BUILDERS, INC. TO RAISE
FUNDS FOR THE ERECTION OF A MONUMENT OF PRESIDENT BARACK
OBAMA TO BE PLACED NEAR PRESIDENT BARACK OBAMA AVENUE
WITHIN THE CITY OF OPA-LOCKA. Sponsored by D.J.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to amend
the agenda to include the above resolution as item 12-2.
There being no discussion, the motion passed by a 4-0 vote.
Regular Commission Meeting Minutes—02/11/2009 2
Commissioner Tydus Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Vice Mayor Taylor Yes
Mayor Kelley Not present
Upon arrival at the meeting, Vice Mayor Taylor relinquished the gavel to Mayor Kelley.
6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and
deletions):
Manager Finnie deferred agenda item 15-5 from the Consent Agenda until the next
regular meeting because he didn't have the opportunity to individually meet with all
members of the City Commission. Additionally, there is a mathematical error in the
document
Commissioner Holmes pulled agenda items 15-3, 15-11 and 15-15; Commissioner Tydus
pulled agenda items 15-2 and 15-7.
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 Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting—January 28, 2009
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve
the minutes of the Regular Commission Meeting of January 28, 2009.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Not present
Regular Commission Meeting Minutes—02/11/2009 3
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Mark Brown, Assistant to Commissioner Barbara Jordan, District 1 County
Commissioner, came forward and reported that the Tot Lot was approved by the
Committee and will go before the entire board on March 3, 2009. He stated that he
contacted Miami-Dade County Public Works Department regarding the overhanging of
trees on NW 37th Avenue. He announced the Annual Valentine's Day Hop for seniors
sponsored by Commissioner Jordan on Friday, February 13, 2009 from 5:00 p.m. to 8:00
p.m. at Landmark Auditorium.
He further provided a brief update on the Beautification and Rehabilitation Project in the
City of Opa-locka and provided information on the Black History Program sponsored by
Commissioner Jordan during the month of February at the North Dade Regional Library.
Commissioner Johnson expressed her appreciation to Commissioner Jordan for her
commitment in providing police officers and the Black History mobile unit for the
Streetnaming Dedication in honor of President Barack Obama on February 16, 2009.
After hearing that the board for the noise abatement at the Opa-locka Executive Airport
was not in effect, Commissioner Holmes requested that Mr. Brown research this matter.
Commissioner Johnson stated that she believed the resolution to rename the Opa-locka
Executive Airport to the Opa-locka—Barack Obama Executive Airport is scheduled to go
before the Board of County Commissioners on February 17, 2009 and asked whether it
would be beneficial for the community to show up at the meeting.
10. PUBLIC PRESENTATION:
1. Japanese Video Presentation - Japanese Interview with Commissioner
Holmes regarding Ordinance 07-19, Section 16.33: Code of Ordinance
providing for a ban on wearing Saggy Pants Apparel in City Buildings and
Parks.
2. Alvin Burke
re: welfare of the city
Alvin Burke of 540 Curtiss Drive, Opa-locka, Florida came forward and expressed his
concerns relating to the type of legal services provided by the legal department. Of
concern to Mr. Burke was the discussion during the January 28, 2009 commission
meeting relating to former Police Chief James Wright in which the City Attorney
indicated that it would be in the best interest of this city to give Mr. Wright what he
wants which consisted of a form 1099 although Mr. Wright was a former employee and
not a contractor. Additionally, he spoke relating to the lack of respect from the City
Attorney toward the City Commission during the meetings. He further suggested that the
Commission review Ordinance No. 89-2 and Section 38 of the City of Opa-locka charter
Regular Commission Meeting Minutes—02/11/2009 4
dealing with the City Attorney and hire a full-time attorney as oppose to a part-time
attorney.
10a. CITIZENS' FORUM:
1. Alvin Burke of 540 Curtiss Drive, Opa-locka, Florida, appeared before the
City Commission and stated that he was proud of President Barack Obama; however, due
to the economic crisis affecting the nation including the residents of Opa-locka he was
not in favor of the city spending $30,000.00 on the streetnaming dedication ceremony
because that money could be utilized to assist residents in this city.
2. Inaudible of 14565 NW 26th Street, Miami, Florida, came forward and
spoke on the demolition of the Old Water Plant which has been an eyesore in the
community for a long time. He said he didn't understand why the city was paying Langan
Engineering to review it versus having the demolition contractor responsible for
everything as a part of the bid process.
Mayor Kelley advised that the resolution for Langan Engineering was pulled and there
will be discussion relating to the concern.
11. ACTION ITEMS (items from consent agenda pull list):
15-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE ANNUAL SALARY FOR THE INTERIM
CITY MANAGER, BRIAN K. FINNIE, IN THE AMOUNT OF ONE HUNDRED AND
TEN THOUSAND DOLLARS ($110,000.00) AND AUTHORIZING A BENEFIT
PACKAGE FOR THE INTERIM CITY MANAGER COMMENSURATE WITH ALL
OTHER APPOINTED OFFICIALS OF THE CITY OF OPA-LOCKA. Sponsored by
T.H.
It was moved by Commissioner Tydus, seconded by Commissioner Holmes to pass the
above resolution.
Commissioner Tydus expressed her concerns with the process, or lack thereof, when Mr.
Finnie was appointed Interim City Manager. The proper process was not followed at that
time and she doesn't think it is being followed this time.
She asked the sponsor of the resolution what was the merit and motivation behind this
resolution?
During the meeting when former City Manager Jannie Beverly resigned, Commissioner
Holmes recalled amending the agenda to accept the recommendation of Mrs. Beverly to
appoint Bryan Finnie as Interim City Manager. At that time, the salary for the Interim
City Manager was not discussed.
Commissioner Tydus asked, what is Mr. Finnie's current salary?
Regular Commission Meeting Minutes—02/11/2009 5
Ezekiel Orji, Finance Director for the City of Opa-locka stated that Mr. Finnie's current
salary is $85,000.00.
Commissioner Tydus stated that the $85,000.00 salary was not determined by the
Commission when Mr. Finnie was appointed Interim City Manager which should have
been done. Additionally, the resolution provides for a benefit package commensurate
with that of other appointed officials which was not included in the agenda package for
the Commission to consider; therefore, she doesn't know what she would be voting on as
far as the benefit package is concerned.
She continued by asking the City Attorney if the Commission is following the proper
procedure as far as the hiring of Mr. Finnie and approving the salary?
Attorney Norris-Weeks advised that the Charter provision requires that the City Manager
is hired by resolution and this would be the first formal resolution. She said
Commissioner Holmes was referring to a motion that was made accepting the resignation
and further to appoint Mr. Finnie as Interim City Manager with the review in one year. A
formal resolution was not prepared for that but the Commission did take action. In terms
of the process, there is a process that's set forth which requires a committee. This is the
same process used for the selection of the City Attorney and City Clerk where each
commissioner appoints someone. The Commission didn't address the salary issue which
this resolution does and that would make it consistent with the charter provision.
Commissioner Tydus requested further clarification from the City Attorney regarding her
statement that this resolution would make it consistent.
Attorney Norris-Weeks stated that the resolution would make it consistent with the
requirement for a resolution which is in the charter. In terms of the process for the
selection, Mr. Finnie does have the designation of Interim City Manager and the process
for the selection of a permanent position is outlined in the Code of Ordinances which
calls for a selection committee and that has not been done.
Commissioner Tydus stated that she understood that Mr. Finnie was appointed as the
Interim City Manager and ironic to the dais that particular night, interim for 12 months as
far as she's concerned constitutes permanent; but she's only one vote. With that in mind,
whatever the salary is at this time, she doesn't think it should be up for review until that
probationary period has arrived which the Commission initially set at 12 months.
According to the city's charter, Commissioner Johnson asked the City Attorney what
section was she referring to as it relates to the Interim City Manager because she was
only able to find the section which talks about the City Manager?
Attorney Norris-Weeks advised that there is no specific reference to Interim City
Manager; there is no process for the interim. However, there is a selection process for
City Manager.
Regular Commission Meeting Minutes—02/11/2009
Commissioner Johnson stated that the charter doesn't provide a process for an Interim
City Manager and she was looking for the City Attorney to put that on record. At this
point, the city doesn't have a permanent City Manager and perhaps this can be one of the
items to bring back when the charter is being reviewed for recommended changes.
Commissioner Holmes expressed his frustration relating to the $85,000.00 salary for the
Interim City Manager because the Commission has not agreed on an amount. At the
meeting when Jannie Beverly resigned as City Manager, he amended the agenda based on
Mrs. Beverly's recommendation for the Commission to consider Bryan Finnie as Interim
City Manager. As a result, Mr. Finnie was appointed by the majority of the Commission
as Interim City Manager; therefore, his salary should have remained the same as Mrs.
Beverly at$125,000.00 per year until the Commission decided otherwise.
Mayor Kelley reminded the Commission of the recently adopted ordinance on how they
will conduct business and treat each other and staff with respect. From this point forward,
he suggested that the Commission treat each other with respect.
Commissioner Tydus stated that the record will reflect that the legislation passed by the
Commission on this item was the hiring of Bryan Finnie as Interim City Manager. The
record will also reflect that there was no discussion with regards to a benefit package or
salary which is totally out of order and should have been discussed before he was hired.
As it relates to the discussion about the $125,000.00 salary, she said that Mrs. Beverly
was the City Manager for 6 years and her starting salary was not $125,000.00.
Of concern to Mayor Kelley was not the salary but the benefit package commensurate
with that of other appointed officials. He asked, what does that benefit package translate
to because there is nothing attached to the resolution?
Attorney Norris-Weeks advised that Commissioner Holmes requested that she included
the language in the resolution so that the benefit package is consistent with other
appointed officials. She then requested of the City Clerk's Office information on
whatever a benefits package would be and there's a resolution in 2002 providing for a
benefits package for appointed officials with a cost of living adjustment in salary,
retirement, automobile allowance of $650.00 per month, annual leave of 25 days, sick
leave of 15 days, basic and life insurance policies provided to all employees with the city
paying the required premium, supplemental life and disability policy equal to 7% of
annual base salary, participation in ICMA/RC retirement plan of other designated
retirement plan with city paying 10% of base salary into retirement account, senior
management service class designation in the Florida Retirement System, issuance of a
cellular phone or monthly phone allowance of $150.00, credit card with $150.00 per
month limit for job related expenses, payment by city of professional dues, fees and
subscriptions, payment by city for professional development, workshops, seminars to
include registration fees, travel, lodging and related expenses, severance pay equal to 1
month aggregate salary. The benefits provided herein shall only be paid or provided on a
pro rata basis for the period while the employee serves in the respective capacity. She
Regular Commission Meeting Minutes—02/11/2009 7
further stated that this resolution goes back to 2002 and there may have been something
else that predates it but this is all she was able to find.
Mayor Kelley stated that everything the City Attorney mentioned relating to the benefit
package should have been included in the resolution. He continued by asking, what
would the benefit package total in a dollar amount?
Sharlene Boyd, Director of Human Resources for the City of Opa-locka came forward
and advised that the benefit package could total anywhere from $35,000.00 to $40,000.00
for the year.
She continued by providing clarification on the $85,000.00 salary paid to Bryan Finnie
by indicating that Mr. Finnie was hired approximately 2.5 weeks prior to Jannie Beverly
resigning as City Manager. The $85,000.00 was the salary Mr. Finnie was hired in for his
position in the City Manager's Office.
Dr. Orji added that the $85,000.00 salary was for special advisor to the City Manager;
therefore, that salary was for that position and not for the Interim City Manager position.
Mayor Kelley reiterated that his concern is not the salary as reflected in the resolution but
the benefit package because that package is not outlined in the resolution. He further
requested that the benefit package be incorporated into the resolution to prevent from
leaving the city opened to future liability.
Commissioner Holmes informed the City Attorney that she prepared the resolution and
was responsible for incorporating the benefits making sure all the information was
included.
There being no further discussion, the motion passed by a 3-2 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus No
Mayor Kelley No
Commissioner Johnson directed the City Attorney to bring back a resolution relating to
contracts. She asked, is the City Clerk the only employee with a contract?
Attorney Norris-Weeks advised that she was unaware as to whether the City Clerk had a
contract because she tried to get the contract, if there is one, but wasn't given one;
therefore, she is assuming there is no contract. She said that would be a question for the
City Clerk.
Regular Commission Meeting Minutes—02/11/2009 8
Based on her knowledge that the City Clerk has a contract, Commissioner Johnson
directed the City Attorney to bring back a resolution so that no other employee will
receive a contract.
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA URGING THE MIAMI-DADE COUNTY COMMISSION TO
REQUIRE SPECIFIC AND IMMEDIATE RECOMMENDATIONS FOR NOISE
ABATEMENT FROM THE COUNTY ESTABLISHED "AIRCRAFT NOISE
ABATEMENT ADVISORY TASK FORCE FOR THE OPA-LOCKA EXECUTIVE
AIRPORT" AND FURTHER DIRECTING THE CITY CLERK TO FORWARD THIS
RESOLUTION TO MIAMI-DADE COUNTY REQUESTING IMMEDIATE ACTION.
Sponsored by T.H.
Commissioner Holmes deferred the above resolution because the language was not what
he requested.
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT
TO MIAMI-DADE COLLEGE, STUDENT FINANCIAL SERVICES IN THE
AMOUNT OF FOUR THOUSAND TWO HUNDRED NINETY-FIVE DOLLARS
AND FORTY-ONE CENTS ($4,295.41) ON BEHALF OF OPA-LOCKA POLICE
DEPARTMENT OFFICER ROBERT BELL, FOR SUCCESSFUL COMPLETION OF
THE BASIC LAW ENFORCEMENT ACADEMY, PAYABLE FROM ACCOUNT NO.
21-521312. Sponsored by C.M.
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.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Out of room
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE AN AGREEMENT WITH LANGAN ENGINEERING AND
ENVIRONMENTAL SERVICES, INC., FOR PROFESSIONAL ENVIRONMENTAL
SERVICES RELATED TO THE DEMOLITION AND CLEARANCE OF THE OLD
WATER PLANT, IN AN AMOUNT NOT TO EXCEED TWENTY FOUR
THOUSAND DOLLARS ($24,000.00), IN A CONTRACT FORM ACCEPTABLE TO
Regular Commission Meeting Minutes—02/11/2009 9
THE CITY ATTORNEY, PAYABLE FROM ACCOUNT NO. 64-533822. Sponsored by
C.M.
The above resolution was read by title by Attorney Norris-Weeks.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above resolution.
Commissioner Holmes asked for clarification on the above resolution relating to the
comments made under citizens' forum about having one contractor perform all services
related to the demolition and clearance of the old water plant.
Manager Finnie explained that everyone has an opinion in how they do business and in
this instance, he prefers to do business in two (2) steps. The first step is to use the
services of Langan Engineering to identify the steps for tearing down the plant; but most
importantly to identify where the pipes are located. The city will be doing entrepreneur
negotiations when moving to the next phase by asking a company to come in and
demolish the plant that the city knows where the pipes are and have the specs for. Also,
the city will enter into negotiations with that company on the sale of scrap metal.
He further stated that he feels comfortable having a road map of what he needs to do and
then sitting down with the second party and getting the best deal possible for this city. By
going one direct route, the contractor has the ability to adjust the price that they're going
to demolish the building based on what they expect to receive for the sale of scrap metal.
He preferred handling this matter one step at a time, but on an expedited basis.
Vice Mayor Taylor asked for clarification as it relates to the services provided by Langan
Engineering and the bid process for the demolition.
Manager Finnie explained that once the information is received from the engineer, the
city would be better able to issue an RFP.
There being no further 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
15. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ACCEPTING THE PROPOSAL FROM CALVIN, GIORDANO &
ASSOCIATES, INC. IN RESPONSE TO RFP NO. 08-1208 - PLANNING AND
ZONING CONSULTING SERVICES; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH CALVIN,
GIORDANO & ASSOCIATES, INC., TO PROVIDE PLANNING AND ZONING
Regular Commission Meeting Minutes-02/11/2009 10
CONSULTING SERVICES TO THE CITY OF OPA-LOCKA, IN A CONTRACT
FORM ACCEPTABLE TO THE CITY ATTORNEY. Sponsored by C.M.
The above resolution was read by title by Attorney Norris-Weeks.
It was moved by Commissioner Tydus, seconded by Vice Mayor Taylor to pass the
above resolution.
Commissioner Tydus asked, how many proposals did the city receive for this RFP?
Manager Finnie stated that the city received three (3) proposals, staff reviewed the
proposals, it went through the process and staff is recommending the proposal of Calvin,
Giordano & Associates, Inc.
Commissioner Tydus asked, was a scoring process used in the selection process? If so,
she did not see that information in the agenda packet.
Manager Finnie advised that a scoring sheet was used in the selection process.
Mayor Kelley suggested that the City Manager provide the Commission with the scoring
sheet for the selection process.
He further asked, would this resolution allow for the city to have a planner which it
doesn't have now?
Manager Finnie replied, yes a certified planner.
Commissioner Holmes asked for clarification on the services to be provided by the firm.
Manager Finnie advised that the city would utilize the services of this firm when
encountering a land use or zoning change and a certified planner is needed to sign off on
whatever is being recommended.
Commissioner Holmes asked, are there any outstanding items that require the city to
utilize this firm?
Manager Finnie stated that the city would be utilizing the firm's services within the next
30 days for several Planning Council items.
Commissioner Holmes stated that the purpose for these questions is because the city
currently has an employee who will be a certified planner in May 2009 and he wanted to
make sure that the services would be utilized prior to May.
There being no further discussion, the motion passed by a 5-0 vote.
Vice Mayor Taylor Yes
Regular Commission Meeting Minutes—02/11/2009 11
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
12. NEW ITEMS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ESTABLISH AN
OPERATING BUDGET OF THIRTY THOUSAND DOLLARS ($30,000.00) FOR THE
DEDICATION CEREMONY FOR "PRESIDENT BARACK OBAMA AVENUE";
FURTHER DIRECTING THE CITY MANAGER TO PROVIDE THE CITY
COMMISSION WITH THE TOTAL EXPENDITURES FOR THE DEDICATION
CEREMONY WITHIN SIXTY (60) DAYS. Sponsored by D.J.
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 advised that the operating budget for the dedication ceremony
may be offset by private contributions as monies are still coming in. Additionally, there
are many volunteers providing in-kind services at no cost to the city.
Vice Mayor Taylor applauded Commissioner Johnson for her efforts on this event which
is history in the making. She stated that this event is not frivolous spending because it
actually cost much more than $30,000.00 but monies are still coming in to offset that
amount.
Commissioner Johnson stated that the $30,000.00 is actually a high number but the actual
cost is lower. She previously directed staff to allow her to see everything in order to
provide the Commission with accountability within 60 days with receipts.
She continued by asking, is the amount less?
Manager Finnie replied, it's a conservative budget.
Commissioner Tydus asked, what is the total amount in monetary commitments and how
much has come in so far?
Commissioner Johnson replied, approximately $15,000.00 in commitments and about
$2,000.00 has been received.
Commissioner Tydus expressed her concerns relating to having the budget for this event
established before hand.
Regular Commission Meeting Minutes—02/11/2009 12
Commissioner Johnson explained that originally the dedication ceremony was to take
place in August 2009 but she wanted to make sure that the city was the first in the nation;
therefore, the date was moved up to February. Additionally, the event was planned in 2
1/2 weeks.
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
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO WORK IN
CONJUNCTION WITH COMMUNITY CAPACITY BUILDERS, INC. TO RAISE
FUNDS FOR THE ERECTION OF A MONUMENT OF PRESIDENT BARACK
OBAMA TO BE PLACED NEAR PRESIDENT BARACK OBAMA AVENUE
WITHIN THE CITY OF OPA-LOCKA. Sponsored by D.J.
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.
Vice Mayor Taylor recommended that someone else other than the city take the lead on
the monument.
Commissioner Johnson advised that the monument would be a fundraiser which would
offset monies needed. This resolution doesn't require any funds from the city; it only
allows her to work in conjunction with Community Capacity Builders, Inc. to raise funds
for the monument. Therefore, there is no cost to the city at all.
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
13. PLANNING & ZONING:
A. HEARINGS:
Regular Commission Meeting Minutes—02/11/2009 13
B. APPEALS:
14. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE DUAL DESIGNATION OF NW 32ND
AVENUE FROM THE 127TH STREET CANAL NORTH TO NW 135TH STREET AS
"THE HONORABLE JOHN RILEY STREET"; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE. Sponsored by T.H.
The above ordinance was read by title by Attorney Norris-Weeks.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the
above ordinance on first reading.
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
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA APPROVING THE DUAL DESIGNATION OF PERI STREET
FROM SEAMAN AVENUE TO NW 27TH AVENUE AS "THE HONORABLE
ROBERT KNAPP STREET"; PROVIDING FOR REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by T.H.
The above ordinance was read by title by Attorney Norris-Weeks.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above ordinance on first reading.
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—02/11/2009 14
Vice Mayor Taylor left the meeting at 8:30 p.m. Prior to leaving, she made her individual
appointment of Robert Knapp to the Charter Review Board of which the City Attorney
had run reference on Mr. Knapp's ability to serve because he is a city employee.
B. SECOND READING/PUBLIC HEARING:
C. RESOLUTION(S):
15. ADMINISTRATION:
CONSENT AGENDA:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ENCOURAGING SUPPORT FOR THE "HOTSPOT" ANTI-
CRIME CAMPAIGN THROUGHOUT THE CITY OF OPA-LOCKA. Sponsored by
M.T.
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOGNIZING THE MONTH OF OCTOBER 2009 AS "STOP
THE VIOLENCE" MONTH WITHIN THE CITY OF OPA-LOCKA AND
ENCOURAGING PARTNERSHIPS WITH THE MIAMI GARDENS / OPA-LOCKA
YOUTH PREVENTION COALITION AND OTHER COMMUNITY BASED
ORGANIZATIONS. Sponsored by D.J.
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE ACCEPTANCE AND EXPENDITURE OF A
GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE PROJECT SAFE
NEIGHBORHOODS (PSN) GRANT IN THE AMOUNT OF TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00), FOR THE DEVELOPMENT OF LAW
ENFORCEMENT INITIATIVES AIMED AT REDUCING GANG VIOLENCE AND
OTHER GUN VIOLENCE ABATEMENT INITIATIVES. Sponsored by C.M.
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE A LEASE AGREEMENT WITH PETERSON'S HARLEY-DAVIDSON OF
MIAMI FOR LEASING OF TWO (2) FLHP POLICE MOTORCYCLES FOR A
PERIOD OF TWENTY FOUR (24) MONTHS AT A TOTAL COST OF TWENTY
THOUSAND FOUR HUNDRED DOLLARS ($20,400.00), PAYABLE FROM
ACCOUNT NO. 21-521649. Sponsored by C.M.
9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE AN AGREEMENT WITH KIMLEY-HORN INC. FOR PROFESSIONAL
CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED SIXTY EIGHT
THOUSAND DOLLARS ($68,000.00), IN A CONTRACT FORM ACCEPTABLE TO
THE CITY ATTORNEY, PAYABLE FROM ACCOUNT NO. 44-541810. Sponsored by
C.M.
Regular Commission Meeting Minutes—02/11/2009 15
10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ACCEPTING AN AWARD OF GRANT FUNDS FROM THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) IN AN
AMOUNT UP TO F11 TY THOUSAND DOLLARS ($50,000.00) AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN
AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) FOR ACCEPTANCE OF GRANT AWARD. Sponsored by C.M.
12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE A CONTRACT RENEWAL WITH TELVUE FOR OPA-TV
PROGRAMMING AND RELATED SERVICES, FOR A PERIOD OF THREE (3)
YEARS, AT A TOTAL COST OF SEVEN THOUSAND NINE HUNDRED FIFTY
DOLLARS ($7,950.00), PAYABLE FROM ACCOUNT NO. 14-512646. Sponsored by
C.M.
13. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ACCEPTING THE OFFER PRESENTED BY ARAMARK
UNIFORM & CAREER APPAREL, LLC TO PURCHASE THE CITY OWNED
RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE SOUTH-EAST OF THE
INTERSECTION BETWEEN VETERENS WAY AND DOUGLAS ROAD, IN THE
AMOUNT OF FORTY THOUSAND DOLLARS ($40,000.00); FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A
PURCHASE AND SALE AGREEMENT FOR SAID PROPERTY, IN A CONTRACT
FORM ACCEPTABLE TO THE CITY ATTORNEY. Sponsored by C.M.
14. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE AN
INVITATION FOR BID (IFB) FOR PROCUREMENT AND INSTALLATION OF
AUDIO AND VIDEO EQUIPMENT FOR THE 2ND FLOOR COMMISSION
CHAMBERS. Sponsored by C.M.
The above resolutions under the Consent Agenda were read by title by Attorney Norris-
Weeks.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes passing the
consent agenda resolutions.
The motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Vice Mayor Taylor Not present
Commissioner Tydus Yes
Mayor Kelley Yes
Regular Commission Meeting Minutes—02/11/2009 16
A. CITY MANAGER'S REPORT:
Manager Finnie rendered his report to the Commission on the Strategic Plan; his attempt
to restructure staff; and budget amendments. The Strategic Implementation Plan would be
coming back to the Commission with the comments and corrections in the form of a
report at the February 25, 2009 meeting. As a result of the Strategic Plan, internally he
would be doing some restructuring and shifting staff in order to accomplish the goals &
objectives which would begin with a staff briefing on February 17, 2009. Finally, he
would be meeting with Dr. Orji and the Commission to start the budget amendment
process.
Commissioner Johnson expressed her concerns relating to tractor trailers in residential
areas; special permit for music and bringing back a resolution to control the volume and
lack of police response; and taking a proactive approach to addressing the illegal
dumping of trash throughout the city.
She requested that the City Manager have Christina Gordon promote Recycling
Awareness to educate the residents because she noticed the recycling carts being utilized
for garbage and to meet with staff every 2 weeks on all revenues coming into the city for
the President Barack Obama Streetnaming Dedication. She also requested that the City
Manager provide her with some possible dates to meet to discuss his evaluation. She
expressed the importance of having the appointed officials evaluated for accountability.
Mayor Kelley also informed the City Manager of the tractor trailers in residential areas
creating blind spots which could cause accidents. With regards to the volume of noise,
although this issue predates the current City Manager, he said that one of the challenges
is that many times the police officers are not aware of the permits issued even though it
has gone through the process and signed off by both the City Manager and the Police
Department. The Police Department should have a way of making sure the police officers
on duty are aware of any special permits issued for gatherings. Furthermore, he expressed
his concern relating to the type of music being played which is not appropriate.
Mayor Kelley asked for an update on the union contracts.
Manager Finnie advised that the city is still in the process of contract negotiations.
Mayor Kelley said the purpose for his questions relating to the union contracts is because
the City Manager spoke about budget amendments.
Manager Finnie informed the Commission that the issues with the union are not with
dollars but other items.
With regards to the beautification at Ingram Park, Mayor Kelley asked for the completion
date to have a re-grand opening.
Regular Commission Meeting Minutes—02/11/2009 17
Manager Finnie requested that Mayor Kelley allow him to provide that information at a
later time once he has spoken to staff.
As it relates to the organizational restructuring that came up in the Vision Setting
Workshop, Mayor Kelley said he understood the City Manager to say under his report
that staff would go through orientation on the Strategic Plan.
Manager Finnie replied, correct. He said he would be presenting the plan to the entire
staff.
Mayor Kelley noticed that the Commission had concerns in certain areas specifically his
concerns relating to combining the parks, DJJ, etc. and he doesn't know if that would be
a part of the City Manager's presentation to staff; but he is not comfortable with that
layout as presented.
Manager Finnie stated that everyone in that layout from parks to DJJ and the other
programs are a part of the team and will be at that presentation; however, the guts of that
presentation has to do with Community Development, Public Works, fiscal, Human
Resources and implementation of programs. He believed that he can still move forward
and hopefully by the time they move forward on February 17, he would have the
opportunity to meet with the commissioners for input on the Human Services Network.
Mayor Kelley asked, other than the Department of Corrections are there any other
companies that do clean up in the city?
Manager Finnie stated that the city has a vendor who cleans up the alleys on a contractual
basis which is My Lawn Service.
Both Mayor Kelley and Commissioner Johnson stated that they had noticed other
companies cleaning up the city.
In sharing the Strategic Plan with staff, Commissioner Johnson suggested that the City
Manager extract from it because there's a lot which cannot be accomplished in one year.
She recommended that the City Manager set some priorities and bring it back to the
Commission for approval. Additionally, she would like to see timelines for the critical
items.
Manager Finnie said he would take Commissioner Johnson's direction; however, he does
realize some of the items on the Strategic Plan cannot be accomplished within 12 months.
Respectfully, the plan is structured as goals and objectives and it is his opinion that the
department directors and City Manager's Office have to lead by action and by raising the
standard. The goal from a management standpoint is to raise the standard.
After hearing the comments from the City Manager, Commissioner Johnson then
recommended that the City Manager extract from the Strategic Plan those items that
could not be accomplished within a year and share it with the Commission.
Regular Commission Meeting Minutes—02/11/2009 18
Mayor Kelley asked for an update on the preparation of the stimulus package.
Manager Finnie stated that the Commission would have the stimulus package by Friday,
February 13, 2009.
After just recently learning of the proper protocol for inviting the President,
Commissioner Johnson said she would work with several individuals to get
representation or a live cast video from the President for the streetnaming dedication
Ceremony on Monday, January 16, 2009.
Commissioner Tydus asked for an update on the light repairs on Ali-baba Avenue and
Opa-locka Boulevard.
Manager Finnie advised that there are two sets of lights; the FPL lights and the lights that
go up about 20 feet. Of the lights that go up about 20 feet, approximately 65% are
working. The problem with those lights is that someone got in and pulled all of the wires
and they've been out for years; secondly, there was a contractor who did some work on
the FPL lights and severed the power.
Fritz Armand, Public Works Director for the City of Opa-locka came forward and stated
that the lights the city are responsible for have to be rewired and FPL will conduct an
assessment on their lights for repairs.
Commissioner Tydus asked for status of the street sweeper on Perviz Avenue.
Additionally, she had noticed residents sweeping the debris from their yards into the
drains and recommended that the residents be notified in the newsletter of the
consequences.
Manager Finnie informed Commissioner Tydus that he would look into the issue with the
street sweeper.
B. ACCOUNTS PAYABLE:
The City Commission instructed the city to pay its bills.
16. OFFICIAL BOARD REPORTS:
17. CITY ATTORNEY'S REPORT:
Attorney Norris-Weeks encouraged the Commission to set aside some dates for the
workshops on the city's charter and code of ordinance.
Commissioner Holmes asked for an update on his request at the last commission meeting
for a resolution deleting the GED/High School Diploma requirement for specific jobs and
Regular Commission Meeting Minutes—02/11/2009 19
hiring some of the individuals in the city who do not have a high school diploma or GED
but are able to work.
Attorney Norris-Weeks advised that she had been in contact with the City Manager's
Office and the City Manager has some ideas on how to address those concerns.
Commissioner Holmes informed the City Manager that he still wants a report on his
request at the last commission meeting for the City Manager to conduct a study or look
into the many complaints from citizens about their high water bills.
He continued by expressing his concerns relating to the homeless in Opa-locka and
suggested something be done to address the problem.
As mentioned at a previous meeting, Commissioner Holmes encouraged the City
Manager, City Clerk and City Attorney to work on bringing in revenue to this city (i.e.
the City Clerk's Office was responsible for a $50,000.00 grant). Perhaps the City
Attorney's Office could look at bringing in a grant to hire individuals from the city.
Commissioner Johnson said she would be working with Mayor Carlos Alvarez on the
Gun Buy Back initiative and requested that a resolution be brought back at the next
meeting. She directed the City Attorney to provide her with some dates to meet with
regards to her evaluation.
She further encouraged both the City Attorney and City Clerk to attend the Miami-Dade
County League of Cities meetings.
In response to Alvin Burke's comment under Citizens Forum stating "the citizens of Opa-
locka deserve better" making reference to the City Attorney, Commissioner Tydus stated
that in her opinion the city doesn't deserve better when they already have the best.
Having first hand knowledge, she said the City Attorney is well respected in both
Broward and Miami-Dade Counties. She publicly provided the City Attorney with her
vote of confidence and encouraged her to continue the good work.
Commissioner Johnson concurred with Commissioner Tydus on her statement regarding
the City Attorney.
As it relates to scheduling of the workshops, Mayor Kelley stated that he previously
mentioned about waiting until March because of the many activities taking place in
February. The intention was to have the City Clerk check everyone's schedule and come
up with possible dates for the workshops in early March.
18. CITY CLERK'S REPORT:
Commissioner Johnson commended the City Clerk and staff for writing the $50,000.00
grant and for the hard work in preparing for the Streetnaming Dedication.
Regular Commission Meeting Minutes—02/11/2009 20
She requested the City Clerk provide her with some dates to go over merit. For the
record, she requested that the City Clerk include in the agenda package any future
registered lobbyist.
She further directed the City Clerk, City Attorney and City Manager to have quarterly
meetings.
Commissioner Tydus requested that the City Clerk provide her within 30 days a copy of
the audio and/or video where she disrespected anyone on the dais, anyone in the audience
or anyone in the community because it should be on record.
Mayor Kelley publicly thanked Sha'mecca Lawson of the City Clerk's Office for a job
well done.
19. MAYOR/COMMISSION REPORT:
Commissioner Holmes provided a report on his efforts to raise money to send to Miami
Crime Stoppers to do a reenactment of the Liberty City Shootings to assist in capturing
the person(s) responsible. Secondly, he thanked the Opa-locka Police Department for
their presence during several city events and encouraged them to continue staying
involved in the community. Finally, he thanked the IT Department and Cristina Gordon
for the presentation of the Japanese video.
Commissioner Johnson also thanked Cristina Gordon for everything she had done thus
far on the streetnaming dedication. She thanked the Commission for their support on the
streetnaming dedication.
After receiving an email from a concerned citizen, Commissioner Johnson said she would
be working with several legislators on FCAT issues. Additionally, she met with the City
Manager and the librarian regarding the Library being closed on Fridays.
She further reported that through her organization, Opa-locka will be one of the first
cities in the State of Florida to have the Ben Carson Reading Room; she would be
meeting with a group of editors on forming a local newspaper of which she would bring a
resolution back to have the "Opa-locka/Miami Gardens Herald".
Lastly, she expressed her concerns relating to an article in the newspaper which briefly
mentioned her name and she felt she was disrespected by the reporter who contacted her.
Commissioner Tydus reported that she attended the Miami-Dade Black Caucus of Local
Elected Officials installation of officers of which Commissioner Johnson was installed as
secretary/treasurer and Mayor Kelley as president. Also, she attended Mayor Carlos
Alvarez's State of the County Address.
She further provided information to be displayed on OPA-TV on a summer program
named Running Start for girls.
Regular Commission Meeting Minutes—02/11/2009 21
Mayor Kelley reported attending the Miami-Dade Delegation Meeting to present the
city's legislative package in which most of city's projects deal with infrastructure. As a
follow up to that, a lot of people have been talking about a stimulus package and the city
must make sure they have all its projects together, particularly as it relates to jobs. The
decision has not been made as to how the funds will come but the city must be prepared
including the possibility of traveling. He also attended the State of the County Address on
February 10, 2009 and some of the concerns were the orange line coming down NW 27th
Avenue; the Miami-Dade County League of Cities meeting; and the Miami-Dade Black
Caucus of Local Black Elected Officials which allowed him to be the President.
In moving forward, he suggested that the Commission keep in mind the possibility of
traveling to Tallahassee and Washington, DC outside of Miami-Dade County Days. He
directed the City Manager to keep that in mind as well so that he can set up the meetings.
20. OFFICIAL BOARD APPOINTMENTS:
Mayor Kelley asked for clarification as it relates to an employee citizen wanting to serve
on the Charter Review Board.
Attorney Norris-Weeks advised that the person can serve on the board.
Prior to the leaving the meeting, Vice Mayor Taylor appointed Robert Knapp to the
Charter Review Board.
Commissioner Johnson appointed Adrian Brantley to the Charter Review Board.
21. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Johnson, seconded by Commissioner Tydus to adjourn the meeting at 9:39
p.m.
A OR
ATTEST:
r-�
C CLERK
Regular Commission Meeting Minutes—02/11/2009 22