HomeMy Public PortalAbout07- July 08, 2009 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
Clerk's Action Summary Minutes
Regular Commission Meeting
July 8, 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 7:00 p.m. on Wednesday, July 8,
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:
6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and
deletions):
Request to amend the agenda of the Regular Commission Meeting of July 8, 2009 to
include the following resolution as item 12-1:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, ESTABLISHING A SEARCH COMMITTEE FOR A CITY MANAGER.
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 to amend the agenda passed by a 4-1 vote.
Regular Commission Meeting Minutes—July 8,2009 1
Vice Mayor Taylor No
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
Commissioner Johnson pulled 15-3 and Commissioner Holmes pulled 15-1 and 15-2
from the Consent Agenda.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes 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:
Mayor Kelley asked about the employee of the month program through the Human
Resources Department which was done once a month.
Manager Finnie advised that the city had not commenced the Employee of the Month
program this year.
Clerk Irby stated for the record the correction to the name as listed on the agenda under
Resolutions should read J.P. Griffin instead of Paul Griffin.
8. APPROVAL OF MINUTES:
Regular Commission Meeting—June 24, 2009
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve
the minutes of the Regular Commission Meeting of June 24, 2009 with the above
correction as stated by the City Clerk.
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—July 8,2009 2
The Miami-Dade County Fire Department Chief was present to address any concerns the
Commission may have had. There were no concerns for the Fire Department.
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Mark Brown, Assistant to Miami-Dade County Commissioner Barbara Jordan, District 1,
came forward and announced a foreclosure prevention homeowner assistance workshop
on Saturday, July 18, 2009 at Carol City Senior High School hosted by Commissioner
Jordan in conjunction with Senator Wilson and the Housing Authority. Also, the Office
of Community and Economic Development had released its CDBG funding for small
businesses with the deadline date of July 31, 2009.
Previously, Commissioner Johnson requested a representative to speak on the
rehabilitation program but she had since spoke to the program manager Bonnye Deese
and she preferred to meet with Mrs. Deese prior to it coming before the Commission.
Mr. Brown said he spoke with both project managers for the beautification and
rehabilitation programs regarding setting up one on one meetings with the Commission to
address any concerns.
Commissioner Holmes said he would be looking forward to having that meeting to
discuss the concerns relating to Doretha Parker's home.
10. PUBLIC PRESENTATION:
1. Social Compact
re: services for implementing a census challenge for 2010
Inez Hernandez appeared before the City Commission on behalf of Social Compact,
Washington, D.C. and provided an overview of the services provided for implementing a
census challenge to make sure cities are counted accurately. Of the services provided, the
database would be provided to the City of Opa-locka pro bono.
Commissioner Johnson asked, how is the program funded and whether the program is
computerized?
Ms. Hernandez said the program is a user friendly computerized web based program
developed by the same people that developed Adobe. Social Compact will provide the
data pro bona and the charge is for the Census Challenge is approximately $25,000.00.
10a. CITIZENS' FORUM:
1. John Cook of 14580 NW 27th Avenue, Opa-locka, Florida, appeared
before the City Commission to express his concerns relating to the investigation into the
car accident which he was involved in. He shared some new complaints with the way he
was treated by the Chief of Police.
Commissioner Holmes suggested that Mr. Cook follow the proper procedures when
dealing with complaints on a police officer.
Regular Commission Meeting Minutes—July 8,2009 3
Commissioner Johnson directed that the City Manager meet with Mr. Cook for closure on
his case.
Commissioner Tydus agreed with Commissioner Johnson on needing some closure on
this issue. She continued by expressing her concerns relating to addressing the decorum
and public relations of the police officers because she too had received numerous
complaints relating to the police department and this problem must be addressed.
According to what Mr. Cook had presented, she said there are still issues needing to be
dealt with in house.
She directed both the City Manager and Chief of Police meet with Mr. Cook for closure
on this issue and that the City Manager provide a written report to the Commission by the
next regular commission meeting of July 22, 2009. She suggested that Mr. Cook file a
formal complaint with administration.
Mayor Kelley suggested that these types of issues are addressed before it gets to this
setting.
2. Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, appeared before
the City Commission and spoke on the proper guidelines for filing a complaint with the
police department.
3. Maria Capelles of 60 NW 143`d Street, Miami, Florida, appeared before
the City Commission.
Being aware of the fact that Ms. Capelles submitted a letter about a month or two ago to
the City Manager regarding the Opa-locka/Hialeah Flea Market, Commissioner Holmes
suggested that the proper procedures are followed to deal with her issue with that
business. He said he wasn't trying to stop Ms. Capelles from speaking before the
Commission; however, any comments made by this Commission relating to this issue
would be totally out of order.
Mayor Kelley asked Attorney Weeks if she was aware of the issue.
Attorney Weeks said she was not aware of the issue but this is the public comment
section and the Sunshine Law does allow for public comment; therefore, she advised that
the resident is allowed to speak.
Manager Finnie stated for the record that what is about to be discussed is a serious matter
of allegations that have nothing to do with the City of Opa-locka or its employees.
Commissioner Holmes recalled being copied correspondence from the City Manager's
Office. He said he didn't have any comments on this issue and suggested that this
individual follow proper procedures.
Mayor Kelley said this individual would be allowed to speak based on the City
Attorney's advisement that the Commission cannot deny anyone's right to speak.
Regular Commission Meeting Minutes—July 8,2009 4
Commissioner Johnson stated that she would not be making any comments based on the
correspondence she received via email regarding an issue that has nothing to do with the
City of Opa-locka.
Ms. Capelles, through an interpreter, continued with allegations against the Opa-
locka/Hialeah Flea Market. She pleaded to the Commission for justice in this case.
4. Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, came forward to
voice his concerns about a scheduled Planning Council Meeting on July 7, 2009 in which
the city's contracted planning firm nor the City Attorney were present. Unfortunately, the
Planning Council didn't have a quorum.
He continued by saying that there are procedures in place for complaints relating to the
police department and he didn't think it was fair for individuals to be concerned about
having a police friendly department when the officers are out on the streets risking their
lives everyday. He suggested that the Commission support the police officers and not
badger them because these men and women are doing the best they can with what they
have.
As it relates to the planning firm at the Planning Council Meeting, Mayor Kelley asked,
were they instructed not to attend the meeting?
Manager Finnie stated that the planning firm was told not to attend the Planning Council
Meeting because there weren't any action items on the agenda and the firm charges
hourly for attending meetings.
Mayor Kelley assumed that the information about the planning firm not being in
attendance was communicated to the Planning Council members because one of the
previous issues was the lack of communication with the Planning Council.
Manager Finnie said the Planning Council was not informed that the planner would not
be at the meeting.
Mayor Kelley stated that the meeting would have been a good opportunity for the
Planning Council to meet the planning firm; however, the City Attorney should have
been in attendance and he would hope this doesn't happen again.
Commissioner Johnson expressed her concerns relating to how the city relays the
information to the city's boards. She asked the City Attorney the reason for not having a
representative to attend the Planning Council meeting on July 7, 2009.
Attorney Weeks said there was a mix up and she initially thought one meeting was
canceled.
Commissioner Holmes interjected and called for point of order and said the Commission
was getting off track by asking why the City Attorney did not have representation at the
Planning Council Meeting. He suggested this issue be addressed under the City
Attorney's Report.
Regular Commission Meeting Minutes—July 8,2009 5
Attorney Weeks continued by saying there was a mix up because there was a Charter
Review Board Meeting that was cancelled.
In the future, Commissioner Johnson suggested that whoever sends out the notices to the
Planning Council should copy the City Attorney and the City Clerk to avoid any
confusion.
5. Tyrell Leggett of 340 Dunad Avenue, Opa-locka, Florida, came forward
and thanked the City Commission for the opportunity of working with the city as a part of
the Opa-locka Work Learning Experience Summer Program (OWLS).
11. ACTION ITEMS (items from consent agenda pull list):
15-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA SUPPORTING A "70'S COSTUME BALL UNDER THE STARS"
CITYWIDE EVENT TO TAKE PLACE ON OCTOBER 31, 2009. Sponsored by R.T
The above resolution was read by title by Attorney Weeks.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above resolution.
Commissioner Holmes expressed his disapproval with the above resolution because the
City Commission recently passed a resolution for a moratorium on special events and
streetnaming.
Commissioner Johnson asked for clarification from the sponsor as it relates to raising
funds for this event.
Commissioner Tydus stated that the City Commission approved $5,000.00 in the budget
for the Fourth of July which traditionally she had sponsored. Due to the weather forecast
of thunderstorms on the Fourth of July she forgo that event as approved in the budget and
this particular event is to be in place of the Fourth of July. She further stated that the
fourth whereas in the resolution makes reference to ticket sales and there's not going to
be ticket sales. The initial 70's Costume Ball last year had no ticket sales and it was a free
event. The city budgeted $5,000.00 of which the rest she raised and that is the intent of
this particular event as well.
She further stated that she is sponsoring this resolution in an effort to keep proper
procedure by which had not been followed by other commissioners in events. She made
reference to the recent Father's Day Event which was not budgeted for.
Commissioner Johnson said her concern relating to the ticket sales in the resolution was
cleared up by Commissioner Tydus; however, should the Commission continue with
discussion, she would feel more comfortable with deleting the ticket sales section in the
resolution.
Regular Commission Meeting Minutes—July 8,2009
Commissioner Holmes said the Father's Day Event was a fundraised event thanks to the
many businesses who gave a donation and it didn't cost the city any money. He continued
by stating his displeasure with the above resolution.
Mayor Kelley asked for clarification as it relates to the recent resolution passed by the
City Commission for a moratorium. He asked was that a moratorium on streetnaming?
Attorney Weeks replied, yes.
In reviewing the budget, Commissioner Johnson said she noticed the line items for
events; however, she just learned that the monies were distributed to another line item.
She further expressed her frustration with spending monies without the resolution
reflecting the line item in the budget.
Manager Finnie stated that to his knowledge no line item had been adjusted.
There being no further 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
Commissioner Holmes expressed his disappointment with the Commission for passing
the above resolution after they recently passed a resolution for a moratorium on
streetnaming and special events.
Mayor Kelley clarified that the resolution recently passed was for a moratorium on
streetnaming and not special events.
15-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION FOR FUNDING FROM THE MIAMI-DADE COUNTY
SAFE NEIGHBORHOOD PARKS (SNP) BOND PROGRAM IN THE AMOUNT OF
TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000.00) FOR
THE SHERBONDY PARK—PHASE II PROJECT. Sponsored by C.M.
The above resolution was read by title by Attorney Weeks.
It was moved by Commissioner Holmes, seconded by Vice Mayor Taylor to pass the
above resolution.
In reviewing the resolution, Commissioner Holmes said he noticed that the city is
requesting $2.2 Million Dollars. He asked for the total amount available for funding to all
municipalities as a part of the Safe Neighborhood Parks (SNP) Bond Program?
Regular Commission Meeting Minutes—July 8,2009 7
Manager Finnie said there is $6 Million Dollars available for all municipalities in Miami-
Dade County. The 2.2 million dollars would allow the city to complete 100% of the
Sherbondy Park project.
Commissioner Holmes suggested that the City Manager have a more realistic amount in
terms of the request to make sure the city receives some funding instead of receiving
nothing at all.
Mayor Kelley asked is this grant application all or nothing or would there be an
opportunity for downsizing?
Manager Finnie said there is an opportunity to down size prior to sending the application
out; however, once all the applications have been received, Miami-Dade County may
allocate a lower amount towards this project if the funds are available.
Mayor Kelley expressed his concern relating to the amount being requested by the city
and the city being left out at the end because he thought there was a way to downsize.
Manager Finnie said he would take the concerns into consideration; however, this
resolution just allows for the city to apply up to 2.2 million dollars.
With the number of cities competing for these dollars, Commissioner Johnson voiced her
concern relating to the amount which in her opinion is unreasonable. She suggested that
the City Manager fine tune the resolution and bring it back. She asked, what is the
deadline date for this grant?
Manager Finnie replied, July 20, 2009.
Commissioner Johnson requested that the City Manager provide the Commission with a
copy of the grant application if this resolution is approved. She asked, does this grant
require a match?
Manager Finnie said there are matching dollars which the city would already have met
with the dollars already allocated for the project. He continued to say that his first answer
for the record is that it's all or nothing but that decision is ultimately made upon receipt
of the application by the county departments. This request is supplemental to the
Sherbondy Park initiative that the city's been working on for quite a while. The city has
already identified 2 million dollars for the project but it will take 3 million dollars to
complete the first phase. The 2.2 million dollars will allow for completion of all phases of
the project. He agreed to review the application with staff and modify the amount but this
resolution is authorizing him to apply for an amount up to 2 million dollars.
Commissioner Holmes proposed an amendment to the resolution for a lower amount.
Manager Finnie requested that the Commission pass the resolution with the 2.2 million
dollars and then he would look at several smaller projects and submit applications for
those smaller projects that would be less aggressive.
Regular Commission Meeting Minutes—July 8,2009 8
Mayor Kelley advised the City Manager that the key is reasonable expectations; the city
is shooting for 2 million dollars but there are some reasonable expectations.
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
15-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE AMENDMENT NO. 8 TO CONTRACT NO. Xl 167 BETWEEN THE CITY
OF OPA-LOCKA AND THE DEPARTMENT OF JUVENILE JUSTICE (DJJ) FOR
CONDITIONAL RELEASE PROGRAM SERVICES FOR THE OPA-LOCKA POLICE
YOUTH ACADEMY, IN THE AMOUNT OF THREE MILLION TWO HUNDRED
FIFTY THREE THOUSAND TWO HUNDRED SIXTY NINE DOLLARS AND
NINETY FOUR CENTS ($3,253,269.94) FOR THE PERIOD OF JULY 1, 2009 TO
JUNE 30, 2011. Sponsored by C.M.
The above resolution was read by title by Attorney Weeks.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Although Commissioner Johnson supports youth initiatives, she expressed her concern
relating to the city's expenditure of unbudgeted funds to support this program that not
only serves Opa-locka youth but Miami-Dade County as well. Due to financial
difficulties, the city cannot continue to subsidize the shortfall for this program but should
look into other methods to cover the shortfall. In the past, the Commission directed the
City Attorney to look at having DJJ and Crime Prevention becoming a 501c3 to be able
to apply for their own grants.
Vice Mayor Taylor asked for clarification on the 3.2 million dollars as reflected in the
resolution.
Manager Finnie said the 3.2 million dollars is the number that shows the value of the
contract after the state's reduction of$43,000.00.
Commissioner Johnson asked for the number of youth from Opa-locka serviced by DJJ.
Linda Holmes Bracy of the Opa-locka Youth Academy (DJJ) came forward and stated
that there are 3 to 4 youth from Opa-locka; but the Department of Juvenile Justice is a
State program that serves all youth from Miami-Dade County.
Vice Mayor Taylor asked, should the city give up being responsible for this grant, what
would happen?
Regular Commission Meeting Minutes—July 8,2009 9
Mrs. Bracy said the State would shut them down or they would have to ride out with the
State.
Vice Mayor Taylor inquired as to whether DJJ could write its own grant?
Mrs. Bracy said because DJJ was not a 501c3, it could not write its own grants.
Mayor Kelley said years ago the number of Opa-locka youth in the program was higher
and throughout the years it seems as if the number has decreased. He recalled the
directive of the Commission a couple years ago which was for DJJ to become a 501c3 to
be able apply not only for any grants out there that dealt with children but that would be
able to include more city residents. While he understood that Mrs. Bracy's hands were
tied because she had to take what the state dictates to her through DJJ, the real question is
whether the city wants to continue to be the conduit for this program. With only 4 Opa-
locka residents, the city must look at futuristically whether they want to take that on.
Commissioner Holmes asked, how much money comes out of the city's budget for DJJ?
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
number varies; however, the amount was increasing as the number of participants
decreased. For this last year, the amount was approximately$120,000.00.
Because DJJ is an excellent program targeting at-risk youth who have gone through the
court system by assisting them get back on track, Commissioner Holmes said he would
support the resolution.
Vice Mayor Taylor stated that normally contract years begin on July 1 and end June 30.
She asked, is the city already into the contract?
Manager Finnie said the city is commencing on a new contract year but the approval of
the 3.2 million dollars covers a multi year contractual arrangement.
Vice Mayor Taylor asked, has the city had to subsidize the DJJ program at all?
Manager Finnie said that the city has had to subsidize the program.
Vice Mayor Taylor said the program has officially started on July 1, 2009.
Manager Finnie said he would do some research to find out if the city has the option to
close out or phase out the program.
Commissioner Johnson stated that she is in support of any initiatives for seniors and
youth; however, the city must do a 501c3 for this program because they cannot continue
to go the same route. She directed the City Manager to have staff start looking at making
the DJJ program a 501c3.
Mayor Kelley expressed his concern relating to the contract being for a 2 year period
because the city subsidized the DJJ program last year by $120,000.00; therefore, what
Regular Commission Meeting Minutes—July 8,2009 10
would that amount be this year and into the following year. He asked, would the State
allow for a 1 year contract as oppose to 2 year contract?
Manager Finnie didn't have an answer to Mayor Kelley's question in terms of a 1 year
contract.
Mayor Kelley said he didn't think the issue was whether they support programs for
children because obviously the entire Commission is in support of such programs.
Dealing with these types of contracts or agreements always puts the Commission in an
awkward position because the contracts commences July 1 so actually it has already
started; therefore, if the Commission doesn't pass this resolution what would happen to
those kids because technically they're in the middle of a summer program.
Manager Finnie said the resolution is for a modification of DJJ's budget in the amount of
$43,000.00 and what's left is the 3.2 million dollars. If the children continue to remain in
the 35 to 36 range, the city would get reimbursed money. The second part of the
discussion is whether this is a worthwhile investment for the city be it the number of
children and the fact that this is a difficult budget year. He said he would have to get back
to the Commission on the second part of that when looking at whether the city can back
out of this if at all possible.
Mayor Kelley said if the Commission doesn't approve this resolution then the program in
effect would not have a contract.
Should the Commission not pass this resolution, Manager Finnie said the city may be out
of compliance which may mean they don't have a program.
Mayor Kelley said, so basically the Commission is in a no option situation and are locked
in.
Manager Finnie said he was not prepared to say that the city was locked into the contract
because he had not reviewed the document.
Attorney Weeks commented that she would review the termination provision in the main
contract, the 2007 agreement and there's probably a way to get out but she would need to
know what the Commission's will is if there is a way to exercise a termination provision
after a year.
Mayor Kelley said the Commission can vote on that but the concern is that they like the
program but the city is just not in a position going forward to subsidize the cost
continuously based on what the Finance Director has stated. He said that he would like to
see, if the city funds it, that they get the program into a 501c3 status.
Manager Finnie said he just received information that there's an option in the contract to
terminate with written notice.
Commissioner Holmes asked, how many municipalities have the DJJ program within
their boundaries?
Regular Commission Meeting Minutes—July 8,2009 11
Mrs. Bracy said Florida City, Opa-locka and Broward County all have conditional release
program.
Commissioner Holmes suggested that the city petition those municipalities whose youth
benefit from this program so that they can contribute to assist these young kids.
Commissioner Tydus also suggested that if the Commission chose to continue the
program to solicit assistance from those communities that represent the outside youth.
Commissioner Johnson stated that if this was going to be a multi year agreement then it
would have to be done by ordinance and not resolution.
Attorney Weeks advised that the agreement was done in 2007 and she is not sure whether
it was done by ordinance or resolution when it was initially passed by the Commission
and that is something she would have to go back and research.
Although the original agreement was passed in 2007, Commissioner Johnson said the
charter states that agreements for more than one year should be passed by ordinance and
not resolution.
Attorney Weeks said she wasn't sure how the agreement was passed; however, if it is a
multi year agreement then it should be done by ordinance pursuant to the charter.
Commissioner Johnson said this item is being presented to the Commission as a
resolution; however, according to the charter, they cannot pass this as a resolution. She
asked, is this contract time sensitive because technically the city is already into the
contract.
Manager Finnie said the city is already into the contract year.
Commissioner Johnson asked about flexibility in terms of this contract because it would
have to be passed by ordinance. She directed the City Attorney and City Manager to go
back and put this item in the right form.
Based on the charter and what Commissioner Johnson stated, Commissioner Holmes
agreed that this item would have to be brought back in the form of an ordinance because
it is an agreement for more than one year.
Mayor Kelley said this item is not in the proper format for the Commission to discuss
anymore. He asked the City Attorney whether this item needs to be done by ordinance.
Attorney Weeks replied, yes if it is a multi year agreement. She said she noticed a
number of different amendments done by resolution previously and she needs to research
a little bit more to see how the contract is written.
Mayor Kelley expressed his concern in terms of the City Attorney preparing the
resolution in view of the fact that the term was for more than one year. He said that the
Commission would not vote on the above item because it was not in the right format.
Regular Commission Meeting Minutes—July 8,2009 12
Vice Mayor Taylor withdrew her second and Commissioner Johnson withdrew her
motion on the above resolution.
Mayor Kelley directed that the City Attorney, City Manager and City Clerk meet prior to
the commission meetings to review all agenda items. He said if the appointed officials
would have met to go over the agenda, the Commission would not have spent all that
time on one issue. Additionally, he requested that the Commission is notified via email
when they meet.
Commissioner Holmes directed the City Attorney to bring back a resolution so that the
City Attorney, City Manager and City Clerk meet prior to any meeting to go over the
agenda because too much time is being wasted during the commission meetings.
12. NEW ITEMS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ESTABLISHING A SEARCH COMMITTEE FOR A CITY
MANAGER. Sponsored by D.J.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the
above resolution.
Commissioner Johnson mentioned that the city's code provides that the Commission can
serve as the search committee and this resolution is no disrespect to anyone but to allow
for the process to take place.
Attorney Weeks stated that she didn't see in the code where the Commission can serve as
the search committee.
Commissioner Johnson directed the City Attorney to bring back an ordinance putting the
Commission as the search committee. She asked the City Clerk to find in the city's code
where it talks about the search committee.
Clerk Irby stated that there's a code where the Commission initiated a search committee;
however, there's another code that states that the Commission doesn't delegate their
authority.
Attorney Weeks advised that she would have to bring back an ordinance to change the
code making the Commission the search committee.
Commissioner Johnson explained her intentions for the search committee and the
timeline for having everything in place.
Vice Mayor Taylor stated that this was not a good resolution at that time because the city
has a reputation of having an unstable government. Her concern was the fact that the City
Manager had only been in place for six months and the Commission is now putting out a
search committee for a new City Manager. She spoke about agencies not wanting to
invest in the city because of its many changes in City Managers throughout the years.
Regular Commission Meeting Minutes—July 8,2009 13
She further said that this resolution will not help the city at all; it's going to freeze up
money because this resolution does not address the bigger picture.
Commissioner Holmes stated that Mr. Finnie was hired by resolution as an interim City
Manager and the record reflects that the Commission stated that they would go out for a
search within 12 months. He said he did not have a problem with this resolution because
Mr. Finnie would still have the opportunity to apply for the position of City Manager.
Commissioner Johnson stated that she had never called anyone's legislation a bad piece
of legislation and she's comfortable with what she's accomplished since 2002. This
resolution is just to make sure the Commission is adhering to the city's charter and code
until it is modified. This legislation, if passed, would put the city on track and in
compliance.
She further disagreed with Vice Mayor Taylor in terms of funding and said that this city
has survived for 83 years and will continue to survive. For those that don't support this
resolution, there's a process in place and her job is to adhere to it.
Commissioner Tydus stated that she had some issues relating to Mr. Finnie's style and
performance. She agreed with both Vice Mayor Taylor in terms of the stability of the city
and with Commissioner Johnson as far as the process is concerned. If the resolution
hiring Mr. Finnie was for a 12 month period, she agreed with Commissioner Johnson that
the process should start to be put in place. However, she didn't think there should be a
resignation of Mr. Finnie at this time based on the stability of the city.
She further agreed with Commissioner Johnson as far as the five member search
committee being that of the City Commission. She asked, how would that fit into this
resolution with the code already stating that the Commission shall appoint a search
committee?
Attorney Weeks explained that the resolution makes reference to Article I, Section 2-8.4
of the City's Code of Ordinances which talks about the Commission appointing a
member to serve on the selection committee. Commissioner Johnson requested an
ordinance which would change that section and appoint the Commission as the selection
committee. Because the ordinance requires two readings and the Commission is out
during the month of August, she said they would be looking at the first meeting in
September before being able to pass the ordinance and start the search committee if they
are referring to this section. She said she did not know how the Commission wants to go
forward with it; but right now it's with the Commission appointing a person.
Commissioner Tydus expressed her concern to the sponsor in terms of the resolution not
having a cut off date for acceptance of applications or resumes for the position of City
Manager.
Commissioner Johnson said the intent was to have a workshop to go over the process and
how they would like it to be because she would like the ordinance to be brought back so
that the Commission can serve as the committee. The entire process should take them
close to December which would be the 12 months for Mr. Finnie.
Regular Commission Meeting Minutes—July 8,2009 14
She continued to say that she could make a recommendation of the timeline and bring it
to the Commission to see if they agree.
Commissioner Holmes clarified that this resolution did not have anything to do with Mr.
Finnie resigning or being terminated; this resolution is solely to put the process in place.
Vice Mayor Taylor agreed with the process but not at that time because the resolution
creates an atmosphere of instability.
Mayor Kelley stated that he would support the resolution; however, in hearing the
comments about stabilization, the reality of it is, when you don't start it right, it doesn't
end right and when Mr. Finnie came in, he didn't come in correctly. Although he wasn't
in attendance at that meeting, he had asked the City Attorney on many occasions to show
him where Mr. Finnie was hired for twelve months; there's no contract but he has a
benefit package which he still doesn't know what it entails. The bottom line is that the
biggest policy decision the Commission makes is hiring a City Manager. He said the
Commission could take the process to November, December or whenever but this
resolution starts the process as it is now.
There being no further discussion, the motion passed by a 4-1 vote.
Vice Mayor Taylor No
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
13. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
14. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
B. SECOND READING/PUBLIC HEARING:
C. RESOLUTION(S):
15. ADMINISTRATION:
CONSENT AGENDA:
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ACCEPTING THE EMERGENCY QUOTE FROM
INTERNATIONAL SURVEILLANCE TECHNOLOGY, INC. FOR THE PURCHASE,
REPAIR AND INSTALLATION OF MOBILE SURVEILLANCE VEHICLE
Regular Commission Meeting Minutes—July 8,2009 15
EQUIPMENT FOR THE OPA-LOCKA POLICE DEPARTMENT AT A COST OF TEN
THOUSAND DOLLARS ($10,000.00), PAYABLE FROM ACCOUNT 65-521493.
Sponsored by C.M.
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
FOR THE PURCHASE OF TWENTY (20) AUTOMATIC FIRE HYDRANT
FLUSHING DEVICES FROM ENVIRONMENTAL ENHANCEMENT &
TECHNOLOGIES USA, INC., AS A SOLE SOURCE PROVIDER AND IN AN
AMOUNT NOT TO EXCEED THIRTY FOUR THOUSAND DOLLARS ($34,000.00),
PAYABLE FROM ACCOUNT 64-533630. Sponsored by C.M.
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS (RFP) FOR RESIDENTIAL WASTE COLLECTION
SERVICES. Sponsored by C.M.
The above Consent Agenda resolutions were read by title by Attorney Weeks.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
consent agenda resolutions.
The motion passed by a 5-0 vote.
Commissioner Holmes Yes
Commissioner Tydus Yes
Commissioner Johnson Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
A. CITY MANAGER'S REPORT:
Manager Finnie introduced Octavian Spanner, Director of Community and Economic
Development for the City of Opa-locka for a presentation on the city's proposed
Neighborhood Stabilization Application No. 2. The public was encouraged to contact
Mr. Spanner with any questions relating to the presentation at(305) 953-2868 Ext. 1503.
Octavian Spanner, Director of Planning and Community Development for the City of
Opa-locka came forward and provided a presentation of the city's application to the U.S.
Department of Housing and Urban Development (HUD) Neighborhood Stabilization
Program (NSP 2) established for the purpose of stabilizing communities that have
suffered from foreclosures and abandonment
Commissioner Johnson asked for clarification on the statement made as it related to the
city's partnership with Prime Source Mortgage.
Mr. Spanner stated that Prime Source Mortgage is an organization providing foreclosure
assistance to the City of Opa-locka as well as homebuyer's assistance and the company is
located in the city's administration building at 780 Fisherman Street.
Regular Commission Meeting Minutes—July 8,2009 16
Commissioner Johnson asked whether the city already had an agreement with Prime
Source Mortgage.
Manager Finnie advised that the city did not have an agreement with Prime Source
Mortgage at this instance; however, the city does have a foreclosure program with Prime
Source Mortgage which started months ago. He reiterated that the city didn't have an
agreement with Prime Source Mortgage on this program.
Please Note: This portion of the minutes is transcribed in verbatim per the request of
Commissioner Johnson.
Commissioner Johnson: So, whatever you guys have agreed to, let me go on record,
MOU's, letter of agreements, contracts, needs to come through the Commission. My
heart burn is when you...and I have a little savvy about grants, when you are looking for
your community partners and they're saying certain things and you're doing certain
things, at that point, you put the city at liability. I prefer, and I'm sure my colleagues
would appreciate this, knowing when you do you submit. That's why I don't like to
approve grants and you're going to bring it back because once you done put everything in
there, the Commission got to live with that. And though it's good to have partnership, but
have you check them out financially,have you just made sure that they are clear. I'm sure
you do all of this because if I ask anybody, that's what they are going to tell me. When
the bottom line come, I know that's not done. So I would prefer the partners that you
guys are putting, and Madam' Clerk I want this verbatim, into grants that they are
included in the package in which we are seeing and all your clearance check to make sure
that they are alright, just like we're hiring people to contract with us, are they legal
citizens. We have the right to know that and I just don't want us to be caught up sidebar
with agreements and all the jive that goes along with it. Those types of agreements and I
already got with the Clerk...Madam' Clerk, I don't need you attesting to stuff like that,
and then tell me one thing because nine out of ten, I have already did my homework prior
to coming to the commission meeting and I know what you got. Little birdies talk to
Dottie.
NOTE: This concludes the verbatim portion of these minutes.
Commissioner Johnson requested that Mr. Spanner elaborate on the NSP Administration
amount as reflected in the budget summary.
In terms of the NSP Administration allowable, Mr. Spanner explained how he came up
with that figure and that the 10% would go to the city.
Commissioner Johnson requested that Ezekiel Orji, Finance Director for the City of Opa-
locka provide the Commission with information as to the line item the administrative cost
would go into should the city be successful.
Manager Finnie informed the Commission that once the application is finalized, he would
provide them with details on the transaction.
Regular Commission Meeting Minutes—July 8,2009 17
He announced that a van would be leaving City Hall on Thursday, July 9, 2009 at 9:15
a.m. for those who are attending Bishop Williams Funeral Service.
He continued by providing several dates for the Commission to consider scheduling the
water utility workshop at 6:00 p.m. In the workshop, once the Commission has locked in
a date, staff has looked at several short term and long term strategies to discuss and
receive feedback. He provided a brief overview of those short and long term strategies to
address the water and sewer issues.
He further reported that he had an opportunity to attend the Crime Watch Meeting at
Ingram Park on July 7, 2009 and he was impressed with the fact that the crime meeting
session had evolved into viable neighborhood entities. As a result of discussions and
conversations he's had over the past couple of weeks, he said commencing on Monday,
July 13, 2009 he would look at restructuring the city's departments. First and foremost,
he will establish in the City Manager's Office without any new cost, a Community
Service Office which would reach out to citizens in an effort to address the concerns and
complaints.
Lastly, he apologized for not processing the action list but would do so at the next
commission meeting.
Mayor Kelley suggested that the Commission save their water related questions for the
workshop.
Vice Mayor Taylor thanked the City Manager and staff for the business directory which
was one of her recommendations. She also stated that the Neighborhood Stabilization
Program was another one of her projects that she had talked to the City Manager and
asked him to look into.
She went on to say that she was still concerned about the safety of the Offices of the
Commission. Although the receptionist was moved to the front, that individual is still at
the mercy of whoever is coming through that door.
Manager Finnie said there's a purchase order that he needs to sign off on to start the
construction for the security of that work place.
Commissioner Holmes suggested that the City Manager ensure a safe working
environment for everyone on the 4th floor and not just the Office of the Commission.
He continued by saying that he received a complaint about residents keeping their
garbage containers in front of their homes. He directed the City Manager to find out
whether the city had anything on the books where the garbage containers must be kept on
the side or back of their homes until the scheduled pick up date. If not, he suggested that
something is brought back to address this issue in an effort to keep the city beautiful.
He further said that it was brought to his attention that the apartments on NW 22°d
Avenue have the air conditioners in the windows which is a hazard.
Regular Commission Meeting Minutes—July 8,2009 18
Commissioner Johnson expressed her concerns relating to the flooding and sewage at the
22nd Avenue Apartments and code violations at the Gardens Apartments; placement of
city logo on all city vehicles including the trucks; former party supply store near Nathan
B. Young Elementary off of SR9 that is overgrown; overgrown grass and weeds near the
fence along SR9; and the weeds growing through the sidewalks throughout the city. She
requested that the City Manager fast forward the Welcome Kit to September 2009.
She asked, is the city receiving monthly fees from towing companies in the city?
Manager Finnie said the city should be receiving monthly fees but he would have to get
back to the Commission with the details. However, there was an issue that a towing
company was not paying the city but he believes that issue was addressed.
Commissioner Johnson suggested that the City Manager ensure the city is receiving fees
from towing companies and for the burglar alarm ordinance.
She requested that the Commission receive a monthly account report reflecting all monies
coming into the city to include franchise fees for Comcast, Direct TV and Dish Network.
Prior to the City Manager coming and since Mr. Finnie first got here, Mayor Kelley said
he had asked for the City Manager and his staff to look at creative ways to address some
of the concerns and this Neighborhood Stabilization Program is something he mentioned
when Mr. Finnie first got to the city.
He further expressed the need to have a workshop to deal with the upcoming budget for
this city, not the budget workshop, but a financial analysis workshop to find out the
projected revenues, expenditures and cost for the city before getting into the budget
process. He recommended that this workshop is held prior to the Commission going into
the August break.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and informed
them that the monthly report is provided at the 2nd meeting of each month to allow for the
closing which takes places approximately the 15th of the month and the quarterly activity
reports reflects three months transaction. He reported that the city is suppose to be at 2/3
of the projected expenses and revenues and in looking at the bottom line of the city, it is
within the projected 62%. The city is paying all the bills that are coming to the city.
16. OFFICIAL BOARD REPORTS:
John Riley, Chairman and Karen Jackson, Member of the City of Opa-locka Personnel
Board appeared before the City Commission. As chairman of the board, Mr. Riley came
forward and expressed his concern relating to the conduct of the attorney that was present
at the Personnel Board meetings on June 25, 2009 and July 2, 2009 to the point that the
attorney was assessed an administrative assessment of $250.00. He suggested that the
Commission make sure when the attorney is paid that the $250.00 assessed by the board
is deducted from those dollars. Of concern to Mr. Riley was the fact that Section 38 of
the city's charter provides that the Commission shall have the sole authority to hire any
Regular Commission Meeting Minutes—July 8,2009 19
additional attorneys to represent the city; however, at one of the meetings, this attorney
stated for the record that he was recommended by the City Attorney and hired by the City
Manager to represent the city which is in violation of the city's charter, if that statement
is true. At the time when the resolution came up to hire representation for the Personnel
Board, he said he was confused because he thought the attorney was going to represent
the board but instead he is representing the city. He further spoke in terms of following
policies and procedures and adhering to the civil service rules and which was not being
done.
Mrs. Jackson voiced her disappointment in terms of the city employee's attitude and
behavior when being subpoenaed for the Personnel Board hearings in addition to the
unprofessionalism of the city's hired attorney and Human Resources Director. Also, the
Human Resources Department does not have the procedures in place for retraining or
disciplinary action for its employees, if it does, then that information was not provided.
Commissioner Johnson recalled the Commission passing a resolution hiring a firm to
represent the city at the Personnel Board meetings but it was brought to her attention that
the attorney who was present was from a different firm.
Attorney Weeks explained that there was a resolution which mentioned a firm; however,
the resolution was written in such a way that gave her the authority to select a firm
because there was a conflict. The firm reflected in the resolution was unable to perform
the services so she contacted another firm who represents several cities in which Mr.
James Brady is the principal and he is the person Mr. Riley was referring to who
appeared before the board. To the best of her knowledge, Mr. Brady did represent the city
to the best that he could given the fact that he came in the middle of the process. There
was a conflict and it was very difficult for her office to keep switching hats, although
there was some preparation held with the employees prior to when Mrs. Kiffin-Lewis was
representing the boards on those evenings. Although she had appreciation and
understanding from where Mr. Riley was coming from; however, it was an adversarial
proceeding and the employees have the right to cross examine and be heard but certainly
the city has the right to be defended and that's what probably lead to some of the tension.
Commissioner Johnson suggested that there be communication with the particular
committee in order to avoid these types of issue in the future. Secondly, she said she was
not comfortable with the change in firms and that should have come back to the
Commission; however, she would deal with that separately.
Mr. Riley said he didn't have personal issues on the board and he doesn't take things
personally but respect for the board while it's adversarial it is not to be confrontational
and an attorney doesn't get confrontational with the board because that is not the duty of
an officer of the court.
Mayor Kelley said he wasn't clear in terms of the attorney representing board versus the
city which he would address at a later time; however, the city has to address this issue so
that while there is some difference of opinions and adversarial, it's not confrontational.
17. CITY ATTORNEY'S REPORT:
Regular Commission Meeting Minutes—July 8,2009 20
Commissioner Johnson directed the City Attorney to bring back a resolution at the next
commission meeting for the City Manager to explore the feasibility of bringing the lawn
maintenance services in house utilizing the urban rangers, inmates and new hires. She
said she would like to get with the City Attorney on this resolution prior to placing it on
the agenda. Additionally, she requested a meeting with the City Attorney on Friday, July
9, 2009 to discuss agreements, memorandums of understanding, contracts and the
language of resolutions.
Vice Mayor Taylor requested that the City Attorney research and bring back the
ordinance 5058 which is an agreement for businesses that operate in the City of Opa-
locka to hire a certain percentage of Opa-locka residents. The purpose for bringing this
item back is because there was a question brought up at one of the commission meetings
about vendors hiring residents within the City of Opa-locka.
18. CITY CLERK'S REPORT:
Previously Commissioner Johnson discussed with the City Clerk her concerns relating to
attesting to documents and she said she was serious about this issue because she is
concerned in terms of five agreements the City Clerk attested to. In addition to that, she
clarified that the Action Item List the City Clerk is preparing from the minutes is solely
for the Commission to keep track of those items being requested and she would like that
to continue being provided prior to the following meeting as it is currently being done.
She specified that the Action Item List is not for city staff but for the City Commission.
She directed the City Clerk to provide the status of the Census 2010 at the next regular
meeting along with the feedback in terms of the presentation regarding census.
19. MAYOR/COMMISSION REPORT:
Commissioner Johnson reported that the Teen Court on June 26, 2009 was very
successful; she attended several summer camps science projects; Crime Watch — City
Night Out on July 7, 2009 and suggested that in the future this event is televised; and she
was nominated for the White House Project in which they are looking for females who
are looking to become politicians at a State and National level.
She directed that the City Manager have staff hook up her telephone and computer in her
office.
Commissioner Holmes announced that the Chief of Police James Smith was honored and
recognized recently. He requested that the City Manager allow Chief Smith to come
forward.
Chief James Smith of the Opa-locka Police Department came forward and provided
details on being honored and recognized at two separate events this past weekend.
Vice Mayor Taylor expressed sympathy to the family and friends of Bishop Williams of
Jesus People Ministries and Joyce Conley.
Regular Commission Meeting Minutes—July 8,2009 21
Mayor Kelley also expressed his sympathy to the family and friends of Bishop Williams,
Joyce Conley, J.P. Griffin and all those pioneer citizens who have passed. He reported on
the fishing trip with the seniors and said he is continuing to meet with individuals who
can bring resources to the city.
He encouraged the Commission to provide the City Manager with a date for the
workshop on the financial analysis of the city which should be done prior to July 31,
2009 which is date by when the millage has to be set.
After brief discussion on several dates, it was the consensus of the Commission to
schedule workshops as follows:
* Monday, July 20, 2009 @ 10:00 a.m. —Financial Analysis
* Monday, July 20, 2009 @ 6:00 p.m. —Water& Sewer
20. OFFICIAL BOARD APPOINTMENTS:
21. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Johnson, seconded by Vice Mayor Taylor to adjourn the meeting at 10:50
p.m.
MAY tR
ATTEST:
CIT CLERK
Regular Commission Meeting Minutes—July 8,2009 22