HomeMy Public PortalAbout09- September 09, 2009 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
September 9,2009
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 7:04 p.m. on Wednesday,
September 9, 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 Dorothy
Johnson, Vice Mayor Myra L. Taylor, Commissioner Rose Tydus, Commissioner
Timothy Holmes 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 September 9, 2009
to include the following resolutions:
12-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER AND
AUTHORIZING RAINBOW ENTERPRISES, INC. TO REMOVE DEBRIS RELATED
TO THE DEMOLITION AND CLEARANCE OF THE OLD CITY WATER PLANT IN
THE AMOUNT OF TWENTY ONE THOUSAND NINE HUNDRED AND THIRTY
Regular Commission Meeting Minutes—09/09/2009 1
DOLLARS ($21,930.00) PAYABLE FROM ACCOUNT NO. 32541520. Sponsored by
C.M.
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 5-0 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
12-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RESCINDING ALL UNAUTHORIZED BONUSES TO CITY
STAFF FROM OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 AND
FURTHER DIRECTING THE INTERIM CITY MANAGER TO SEND DEMAND
LETTERS TO CITY STAFF FOR THE RECOVERY OF UNAUTHORIZED
UNBUDGETED CITY FUNDS AND HOLD PERSONALLY RESPONSIBLE FOR
THE DISTRIBUTION. 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 5-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
The listed resolutions were pulled from the consent agenda to be discussed separately
under Action Items: 15-6 and 15-10 (Johnson) and 15-4, 15-5, 15-6, 15-7 and 15-10
(Holmes).
Commissioner Holmes requested an amendment to agenda item 14A1 — First Reading
Ordinance so that it includes sewer only as oppose to water and sewer.
Attorney Weeks suggested that the amendment to the ordinance take place at the time
when the Commission is addressing the ordinance.
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.
Regular Commission Meeting Minutes—09/09/2009 2
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
Mayor Kelley inquired about the Employee of the Month program which the city had not
done for some time.
Manager Finnie stated that the Employee of the Month process was abandoned for a
while but will move forward in the near future.
8. APPROVAL OF MINUTES:
Regular Commission Meeting—July 22, 2009
Special Commission Meeting—July 30, 2009
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve
the minutes of the Regular Commission Meeting of July 22, 2009 and the Special
Commission Meeting of July 30, 2009.
There being discussion, the motion passed by a 5-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
10. PUBLIC PRESENTATION:
1. Dr. Philip H. Mann, Professor and Director of the Entrepreneurial Institute at
Barry University came forward and publicly thanked the Commission and City Clerk for
providing space at City Hall to offer their services. He further provided an overview of
the services offered as funded by the Miami-Dade County Office of Community and
Economic Development (OCED) which are available to the residents of Miami-Dade
County at no cost.
2. Shaun Davis, Managing Partner, S. Davis & Associates, Inc., 160 NW 176 Street,
Suite 400, Miami Gardens, Florida came forward and thanked the city for the opportunity
of doing business with them. He presented the findings of the Independent Audit Report
for the Curtiss Drive Neighborhood Improvements.
Regular Commission Meeting Minutes—09/09/2009 3
Commissioner Johnson asked about the resolution mentioned by Mr. Davis for PAWA as
to whether the work was done prior to the resolution being approved.
Mr. Davis responded, yes.
Commissioner Johnson asked, what was the total amount in the resolution?
Mr. Davis said the total was $160,000.00 and the prior authorization was for$147,200.00
which was a difference of$12,800.00.
3. Carmen Felipe of 1210 Wilmington Street, Opa-locka, Florida, appeared before
the City Commission and requested approval for Stop the Violence Roadside Marker in
memory of her late son Richard who was murdered with a gun. This roadside marker
would be located on Dunad Avenue and it would be at no cost to the city.
Although Commissioner Johnson was in support of the roadside marker, she requested
that the City Attorney prepare a resolution which should be sponsored by Mayor Kelley.
Mayor Kelley directed the City Attorney to bring back a resolution to address the
roadside marker.
4. Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, came forward and
expressed his concerns relating to the Planning Council not meeting and the firm hired
for planning services not providing those services for which they were hired; however,
they are performing other services for the Public Works Department. He also spoke about
the train blowing the horn during the early morning hours and before when the city had a
real City Attorney, they dealt with the issue by contacting CSX; however, now that the
city is a client of a firm, it doesn't get that attention. He asked for an update on the
amount of money the city received back from the police officers who left after receiving
the bonuses.
He continued by saying that the citizens elected the Commission to represent the city and
their loyalty should be to the citizens of Opa-locka.
He further stated that this is the most the city has paid a City Attorney and they can't
even get simple lawsuits settled or recover money that individuals stole. Also, the
company hired for planning services, the Planning Council has yet to meet with them; but
they are doing plans now for the water& sewer over at public works.
Mayor Kelley addressed Mr. Burke's concern not only about the noise from the trains but
from the planes at the airport as well. He said that the City Manager was to provide Mr.
Burke with a copy of the report in terms of the city getting back the bonuses from
previous police officers that have since left.
In terms of recovering monies from the police officers who received bonuses, Manager
Finnie advised that there are legal proceedings taking place to address that matter.
Regular Commission Meeting Minutes—09/09/2009 4
Mayor Kelley said he had asked that the City Manager follow up with a response to those
citizens that come before the Commission with concerns to keep them updated so that the
citizens don't think they are being ignored.
Both Manager Finnie and Attorney Weeks provided an update on the issues with
recovering the bonuses from former police officers. Attorney Weeks said she had a
number of things she could respond to that Mr. Burke stated inaccurately and she would
be happy to do so if the Commission would entertain that.
Mayor Kelley said he just wanted to get an answer to the question.
Commissioner Johnson expressed her concern about the remarks made regarding the firm
hired which is now working in the Public Works Department because originally that firm
was hired to provide planning services relating to the Planning Council.
Manager Finnie explained that a Planning Council meeting was scheduled prior to
August and there was a lack of quorum; therefore, the Planning Council went into break
for the month of August. The city will ask the consultants to be present at the next
scheduled Planning Council meeting. The first meeting scheduled was more of an
organizational meeting and staff made the decision to not invite the consultants because
of the hourly fee.
Commissioner Johnson asked, is this a consultant? She said perhaps she should be asking
the City Attorney since she recommended this individual.
Attorney Weeks responded no, absolutely not. She said there was an RFP process and
through the RFP process staff selected, of which she had nothing to do with, this vendor.
Commissioner Johnson said she is concerned about the city making all of these decisions
and not including the members of the Planning Council.
Manager Finnie stated that it is his understanding the meeting cannot be called unless the
chair calls the meeting and coordinates the agenda.
Commissioner Johnson suggested that all members of the Planning Council receive
updates and information as to what is taking place so that they are in tune.
Commissioner Tydus said she was glad to hear the clarification relating to the Planning
Council and its meeting dates because Mr. Burke has been before the Commission on
numerous occasions complaining about the fact that the Planning Council was not
meeting. However, according to the Code of Ordinances, the Planning Council does not
meet on a regular scheduled time but on an as needed basis and when that need does
occur then they adhere to the regular meeting time as stated in the code. The
administration is not slacking in any way, there just hasn't been any issues warranting the
Planning Council to meet. She expressed her concern relating to the display of disrespect
in how they address one another and said she was disappointed to hear the City Attorney
being referred to as not being "a real City Attorney" which sounds like she's not
Regular Commission Meeting Minutes—09/09/2009 5
qualified. Also, after hearing the allegations, she is disappointed that the individual is not
giving an opportunity to defend themselves which is not right.
Commissioner Holmes said the citizens have the right to come forward and express their
concerns.
Mayor Kelley said he asked the City Attorney not to speak at the moment because he
would allow her the opportunity during the City Attorney's report.
10a. CITIZENS' FORUM:
1. Irma Sidles of 14261 NW 23rd Court, Opa-locka, Florida, appeared before the
City Commission and publicly thanked the Public Works Department working under the
jurisdiction of this administration for installing new sidewalks and planting grass where it
was much needed. She expressed her personal opinion on this administration for wanting
to move the Commission Chambers from the present site to another location. She said she
along with other citizens do not agree with relocating the Commission Chambers because
it is an ancient and viable center which has enhanced the growth of the population to
where it is today.
2. John Gregory of 1056 Jann Avenue, Opa-locka, Florida, expressed his concerns
relating to the unemployment problems that seem to be worsening. He asked for the
city's future plans for creating new jobs? Also, he spoke to employees from the Public
Works Department who felt their jobs were in jeopardy.
He further commended the city for making the city beautiful and clean.
In terms of the concern about employees from the Public Works Department who felt
their jobs were in jeopardy, Mayor Kelley said he didn't anticipate the city laying off any
staff in the upcoming proposed budget; however, there is a hiring freeze at this time. In
terms of the stimulus dollars, he said there are some projects coming down the pipe line
related to the stimulus and he is pretty sure there would be job opportunities that come
along with it. In the short term, he suggested that Mr. Gregory visit the city's website for
links to other job opportunities and contact FlU who would be hiring.
3. Sylvia Daughtrey, Director of Youth Co-Op, 780 Fisherman Street, Opa-locka,
Florida, came forward and thanked the city for their continuous support throughout the
years and as the only service provider in Opa-locka, she requested assistance for
continuation of services within Opa-locka.
Commissioner Johnson said the city was unable to contribute last year but she would get
with the City Attorney and City Manager to bring back a resolution to assist Youth Co-
Op.
4. Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, appeared before the City
Commission and clarified his statement made earlier under public presentation where he
indicated that the city didn't have a "real" City Attorney. Although he meant no
Regular Commission Meeting Minutes—09/09/2009 6
disrespect to anyone, he made that statement based on the fact that the city doesn't have
its own City Attorney. The city is a client of the City Attorney's firm.
He further went on to speak about Calvin, Giordano & Associates, Inc. who was hired for
the Planning Council and ended up doing work for the Public Works Department.
5. Johnnie Greene of 2091 Johnnie Mae Greene Street, Opa-locka, Florida, came
forward and commended the Chief of Police, Assistant Chief Cason and the fine women
and men of the police force for their tireless work in the community. She expressed her
concerns relating to Power Supermarket being allowed to re-open; the amount of monies
being paid out to the current law firm serving as the City Attorney; the need for an in-
house City Attorney as stated in the Charter; and the maintenance of alleyways and
beautification which has gone down.
6. Claudienne Hibbert, Monsignor Edward Pace High School, 15600 NW 32
Avenue, Miami, Florida, appeared before the City Commission on behalf of Pace's High
School Basketball program to request sponsorship to be applied towards the team
expenses.
7. Deborah Irby of 14202 NW 17 Avenue and 2211 Rutland Street, Opa-locka,
Florida, expressed her disappointment in terms of Power Supermarket being reopened in
light of the criminal activity taking place at that location. She suggested that the city
follow its procedures pursuant to Section 13-34 of the City of Opa-locka Code of
Ordinances to deal with this issue.
Commissioner Johnson said was concerned in hearing citizens and violations being
committed and the city turns it head like they don't know what's going on because even
the owner of Power Supermarket was killed in the store. There are schools opening with
no licenses and yesterday at the workshop she was told the city would make $250.00 off
of liquor licenses but none of the liquor stores have closed. As a matter of fact, grocery
stores sell liquor. The City Commission has voted on one of the largest legislations they
have had in this city and it must be enforced.
Mayor Kelley suggested that the City Commission wait until the City Manager's Report
to address their concerns in order to get into an open dialogue because he has concerns
about the same issues that were raised.
11. ACTION ITEMS (items from consent agenda pull list):
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT IN THE
MATTER OF CITY OF OPA-LOCKA VS. BELLSOUTH COMMUNICATIONS, INC.,
AND AUTHORIZING THE CITY MANAGER TO ACCEPT PAYMENT FROM SAID
DEFENDANT IN THE TOTAL AMOUNT OF SEVENTY FIVE THOUSAND
DOLLARS ($75,000.00), AS FULL AND FINAL SETTLEMENT OF ALL CLAIMS
AND DISMISSAL. Sponsored by C.A.
The above resolution was read by title by Attorney Weeks.
Regular Commission Meeting Minutes—09/09/2009 7
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above resolution.
Commissioner Holmes asked for further clarification on the above matter.
Attorney Weeks explained that this was a settlement due to a mediation that took place
and there was an executive session wherein the City Commission in total was briefed on
the matter. After the mediation, there were so many days that determined where the city
was in on it and whether the city would be in favor of the settlement agreement.
Basically, this was a suit were the statute of limitations had run years ago. She said she
did make some other overtures which had Bellsouth put some money on the table.
Additionally, there were some other issues in that the city didn't have the proof for some
of the things they thought they had the proof for. The city did file a lawsuit just as a
placeholder based on one of the documents that was in the city files which seemed to
suggest there was additional time; but after getting to the mediation it was realized that
those documents were not there. She recommended that the City Commission approve
the settlement agreement in the amount of $75,000.00 because the city is very fortunate
to get anything on the table based on the fact that the statute of limitations had run.
During the mediation, Commissioner Holmes asked whether there was a point in time
when the order was written up and the City Attorney had a certain period of time to bring
it to the Commission for acceptance, if not, the City Attorney could take the order back
and move further on it.
Attorney Weeks stated that nothing had been signed; however, they did leave on the table
an offer with a number of days for the city to accept and she and the City Manager polled
the Commission. She said that Commissioner Holmes' thought during the executive
session was that the city should run with that offer. During the course of the mediation,
they evaluated a number of different factors and she believes the city is very fortunate to
get any offer out of Bellsouth on this issue.
Commissioner Holmes recalled his statement during the executive session saying that the
City Attorney should attempt to get as much of the $200,000.00 as possible.
He expressed his frustration about not being provided any documentation relating to the
$75,000.00 offer or any other options the city may have had to renegotiate. He said he is
upset about this issue because the entire truth is not being told.
Mayor Kelley recalled the initial conversation when the Commission thought the city was
going to get more than the $75,000.00 and he remembers when the City Attorney spoke
to him one on one that in her opinion the $75,000.00 was the most the city could get
because of the circumstances. He asked the City Attorney if she was able to locate any
other documentation that would suggest otherwise.
Attorney Weeks said she was unable to find anything. She met with the Finance
Department, talked to staff, took people from Finance with her to the mediation and there
Regular Commission Meeting Minutes—09/09/2009 8
is nothing to support anything more than that. The overwhelming largest issue is that the
statute of limitations has run.
Mayor Kelley asked, was the $75,000.00 offer the best that the city could do?
Attorney Weeks replied, yes.
Commissioner Johnson said it was brought to her attention that there was suppose to be
videos or cameras. She asked, was any of this information shared so that the City
Attorney could have supported documentation?
Attorney Weeks stated that she took pictures and everything available; however, the issue
was not that the pipe was cracked but when it was cracked and how it happened.
Commissioner Tydus said she didn't think the Commission needed to downplay the
Statute of Limitation because it had passed, the city didn't have any grounds for an
audience of any type. Just to get in the room to bargain was a blessing within itself. The
city didn't have a leg to stand on even if they did have all the evidence in the world in
their possession of which they did not. She was of the opinion and vote that she didn't
want to risk a blessing because the city is not due anything.
Although she is in support of whatever the city could get, Commissioner Johnson said the
documentation in her mailbox lead her to believe that if the city had not accepted by
August 14, 2009 that perhaps the city could have received more money.
Attorney Weeks said there was no more money; however, basically what they did was
leave time on the table for the city to make a decision but no final release of anything had
been signed. After she and the City Manager spoke one on one with the City
Commission, they were of the opinion that they have all five in support of this and it
wasn't an issue. So went back during that period in time saying "yes" it looks like we
have the support of the Commission and the next step would be to put this item on for a
final vote and then a release would ensue after that point.
Commissioner Johnson commented that so often the city doesn't document anything and
she would hope that the city get in the habit of documenting everything in order to have
something to fall back on when issues as such do arise. She said she had been working
with the previous City Attorney on this issue and she doesn't know how it fell through
the cracks.
Attorney Weeks said the statute of limitation had run out years before her coming to the
city.
Commissioner Holmes was in possession of a document in which he asked the City
Attorney to read into the record item#7.
Attorney Weeks read item #7 of the document as follows: "Continued upon the City
Manager, City Attorney recommending the City Commission accept the total sum of
$75,000.00 in full final settlement, the offer is rescinded if the City Commission does not
Regular Commission Meeting Minutes—09/09/2009 9
accept the sum of$75,000.00 on or before August 14, 2009". She said this is pretty much
what she talked to the Commission about earlier in which there was a certain period of
time for the city to go back which they did based on the executive session and everyone
agreed on the $75,000.00 which is a blessing basically.
Commissioner Holmes voiced his concern regarding the City Attorney and the City
Manager not bringing the document to the City Commission that they had a certain time
to accept the $75,000.00 and if they didn't, the issue would go back with the possibility
that the city may have received $150,000.00.
Mayor Kelley asked for further clarification on the document in question.
Attorney Weeks explained that the purpose of the document was to finalize what was
agreed to at the mediation which is always done at the conclusion of all mediations.
Mayor Kelley said his concern in moving forward was making sure the city doesn't have
these types of loopholes. He directed the City Manager to make sure staff is documenting
whatever occurs so that there is a record and the city doesn't have these types of
challenges in the future. He said he would even hope, maybe not in this legislation but if
it requires separate that the city does that. He said he would support this settlement based
on the City Attorney's recommendation and her statement that the statute of limitation
had run and this is all the city could get.
There being no further discussion, the motion passed by a 4-1 vote.
Commissioner Holmes No
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
5. 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. X1167 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 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 Holmes, seconded by Vice Mayor Taylor to pass the
above resolution.
Commissioner Holmes asked for an explanation on the above resolution.
Regular Commission Meeting Minutes—09/09/2009 10
Manager Finnie explained that the city had this agreement for an ongoing basis and
essentially this resolution is asking that the City Commission accept the state's mandate
for a reduction of the contract in the amount $43,000.00. The $3.2 Million Dollars in the
resolution is a multi year arrangement through the state for DJJ. In his opinion, the City
of Opa-locka would never come close to receiving the $3.2 Million Dollars. On average,
the city has been accessing in the range of$200,000.00 to $300,000.00 each year.
He continued by saying that the $3.2 Million Dollars is nothing more than a 5 or 6 year
line of credit which the city would draw down each year based on the number of children
allocated.
Although there's a reduction in the reimbursement of this grant, Commissioner Johnson
asked, how would that be offset in the current budget?
Years ago, Manager Finnie stated that the city would estimate what they thought they
would or could get and those estimates historically have been under. The city is now
basing the projected numbers on the actual dollars received from the state for this
operating year. The city is being very conservative and has made adjustments to the DJJ
program. He said if the city doesn't get reimbursed they will not endorse accepting
children or fronting any cash from the city to cover this program.
Commissioner Johnson recalled the city putting money in the budget for the DJJ program
and she would like to know what line item the money would come from. Additionally,
she asked, since the state's budget is being decreased, would the services also decrease?
She further stated that most of the youth serviced by DJJ are not citizens of Opa-locka but
of Miami-Dade County and the city is having to subsidize.
NOTE: As per the request of Commissioner Johnson, this portion of the minutes is
transcribed in verbatim.
Manager Finnie: Yes, Commissioner. This was articulated before, we heard you loud and
clear. We've reduced our involvement dramatically and everything is on a reimbursement
basis. We will not spend a dime if we do not get a dime in return and that may mean a
reduction in the number of children we can accept in the program. Based on where staff
is, I believe we're willing to do that.
This concludes the verbatim portion of these minutes.
There being no further discussion, the motion passed by a 4-1 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes No
Mayor Kelley Yes
Regular Commission Meeting Minutes—09/09/2009 11
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN
AUTHORIZING CALVIN, GIORDANO & ASSOCIATES, INC., TO DESIGN PLANS
FOR THE REPAIR AND UPGRADE OF THE CITY'S PUMP STATIONS #8, #11A,
#11B AND #11C IN THE AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND
EIGHT HUNDRED AND THIRTY-FIVE DOLLARS ($114,835.00), PAYABLE FROM
ACCOUNT NO. 34-535340. 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.
Commissioner Johnson recalled a similar resolution being on the July 22, 2009 agenda
for an amount of $99,770.00 but was pulled from the agenda by the City Manager and
now the resolution is being brought back for an amount of$114,835.00. She asked, what
is the reason for the increase?
Manager Finnie explained that there was a mathematical error on the city's part as to the
actual money owed to this firm so it was subsequently pulled from the agenda and now
the resolution reflects the correct number.
In reviewing the supporting documentation to this resolution, Commissioner Johnson
indicated that all the pumps stations reflected on the resolution are not a part of the
documentation provided. She referred to the professional engineering services document
following the resolution in the agenda packet which outlines work completed on pump
stations 11C and 11A but doesn't reflect anything relating to pump stations 8 and 11B as
included in the resolution.
Vice Mayor Taylor stated that the supporting document read "additional services
agreement" and asked, was there anything prior to this?
Fritz Armand, Public Works Director for the City of Opa-locka came forward and stated
that there was an additional agreement as stated by Commissioner Johnson for
$99,770.00 which was for the initial design.
Commissioner Johnson said she already seen the one for $99,770.00 but on record it was
stated that it was a human error with the numbers; therefore, she knows there's something
else the city has agreed upon but it's just that the Commission doesn't have it.
Mr. Armand explained that both agreements were joined together for the total. The
additional money was for services completed on pump stations 11C and 11A.
Commissioner Johnson said what she understood being said was that prior approval had
been modified to include other items; however, all of those should have came back as an
amendment from the Commission in order to proceed with the additional services
because the money was spent as an emergency.
Regular Commission Meeting Minutes—09/09/2009 12
Manager Finnie accepted responsibility for the decision made which he believed was the
right decision; however, due to the change in the criteria for the stimulus money, the
project design had to be 100% complete as oppose to the 85% as stated during the trips to
Washington and Tallahassee. He wanted to make sure the lift stations were included in
the stimulus package at the state in July so he had to meet that deadline. Given those
circumstances, he utilized Calvin, Giordano & Associates, Inc. which is allowed in the
contract and the end result was that the city met the criteria. This decision was made in
the best interest of the City of Opa-locka.
Commissioner Johnson agreed that the City Manager in his day to day operations should
make decisions but there should be communication with the Commission on these types
of issues which she should not occur again.
Vice Mayor Taylor expressed her concern relating to the additional services agreement
documentation which included 11A and 11C; however, in addition to those, the
resolution also reflects pump station #8 and 11B which she assumed was in the first
agreement.
Mr. Armand clarified that the designing of the building itself at pump station 11C was not
a part of the agreement as well as designing a generator for 11A. The first agreement had
four pump stations with the exception of redesigning the building that houses pump
station 11C and designing a generator for 11A which is additional work.
Commissioner Johnson corrected Mr. Armand in terms of the original agreement which
only included two pump stations; however, she is speaking about what was provided by
the vendor. She suggested that these types of modifications must come to the
Commission and that is the reason for the difference in amounts.
Commissioner Holmes asked, wasn't this particular firm hired for the Planning Council?
Manager Finnie explained that this particular firm was hired through an RFP process to
provide planning services; but the company itself has an engineering component and the
contract was written in a way that allows the city to utilize their services under
emergency situations.
Commissioner Holmes asked if the City Manager was saying that he hired this firm for
the Planning Council and anticipated on utilizing them for other city services.
Manager Finnie said that was not his anticipation.
Commissioner Holmes asked, who made the decision to use this firm for Public Works
projects?
Manager Finnie said the Public Works department used the services of this firm;
however, they still have the responsibility in the planning division which is available for
the planning board.
Commissioner Holmes asked, did the City Commission hire this company?
Regular Commission Meeting Minutes—09/09/2009 13
Manager Finnie added, through an RFP process and they had a multitude of services they
could provide.
In terms of the stimulus issue, Mayor Kelley said one of the city challenges is having the
projects shovel ready which causes the city to have things in place quicker than most
cities of the same size. He said he would hope the City Manager heard his colleagues
concerns about keeping them abreast of what's going on because the Commission doesn't
want to see projects stopped. The challenge was communicating the need for the fast
track and having to make some of the decisions so that they would not be out of the loop.
He went on to say that he had some of the same concerns with the numbers but they have
done the work and he definitely doesn't want to lose the opportunity of trying to draw
down the dollars through the stimulus package.
There being no further discussion, the motion passed by a 4- 1 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes No
Commissioner Johnson Yes
Mayor Kelley Yes
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE PAYMENT OF TWENTY FOUR
THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($24,600.00) TO
MILAGROS FARM NURSERY FOR THE PURCHASE, PLANTING AND
WATERING OF TREES IN ACCORDANCE WITH THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF OPA-LOCKA AND THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY, FOR THE CITY OF OPA-LOCKA TREE PLANTING PROJECT,
PAYABLE FROM ACCOUNT NO. 41-541340. Sponsored by C.M.
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 asked for an explanation on the above resolution.
Octavian Spanner, Director of Community and Economic Development for the City of
Opa-locka, Florida, came forward and stated that the city applied for a second phase of
the Urban Forestry Grant administered by the Department of Agriculture. The city was
awarded $10,000.00 with a matching commitment of 50% and the city signed an
agreement with the Department of Forestry to execute this contract. The city has followed
due process obtaining quotes as required and Milagros Farm Nursery was the lowest
response as well as the only company willing to work with a local vendor.
Regular Commission Meeting Minutes—09/09/2009 14
Vice Mayor Taylor asked for clarification on the amount.
Mr. Spanner explained that the $24,600.00 was the total amount of which $10,000.00 was
grant monies and the city would be responsible for the $14,600.00 which would be for
purchasing, planting and watering of the trees.
Commissioner Johnson suggested that the quality check be enhanced because some of the
trees are above ground, leaning or dead. Although, Opa-locka is a tree city she has yet to
see an emerald. The city is supposed to have a campaign with the schools on these trees
and it hasn't happened.
She continued by saying that the City Manager promised trees along the canal at the
Homeowners Meeting.
Mayor Kelley said one of the biggest concerns is having a campaign of trees along with
the maintenance. He said he would like to see a campaign announcing the trees as well as
a layout.
There being no further discussion, the motion passed by a 5-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Tydus Yes
Commissioner Johnson Yes
Mayor Kelley Yes
10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ACCEPTING THE PROPOSAL FROM CIVICPLUS IN
RESPONSE TO RFP NO. 09-0327 FOR CITY WEBSITE DESIGN SERVICES;
FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE AN AGREEMENT WITH ICON ENTERPRISES INC. OF KANSAS DB/A
CIVICPLUS, TO PROVIDE WEBSITE DESIGN SERVICES TO THE CITY OF OPA-
LOCKA, FLORIDA, IN A CONTRACT FORM ACCEPTABLE TO THE CITY
ATTORNEY. 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.
Commissioner Johnson expressed her concern relating to the amount of outsourcing from
the IT Department.
Manager Finnie explained that the IT Department is currently in the midst of some major
implementation with the records management system and with issues relating to the
police department, hurricane, and across the board. This contract will assist in getting a
designed website, but most importantly a webmaster in order for the city's website to be
sophisticated. The city's IT Department is good but he doesn't think their expertise. The
Regular Commission Meeting Minutes—09/09/2009 15
Website for Opa-locka is in many cases how people first come in contact with the city
and they would like to upgrade it.
Commissioner Johnson suggested that the city focus on education so the employees are
educated on the process because she is tired of seeing so much money be wasted on
others when the current personnel could go out and get the skills to get the job done.
Vice Mayor Taylor said she noticed that the amount of money was not included in the
resolution and perhaps it was overlooked.
Manager Finnie stated that the supporting documentation reflects the amount.
Both Vice Mayor Taylor and Commissioner Johnson agreed that the amount should be
included in the resolution along with the account number.
Vice Mayor Taylor disagreed with the resolution at this time and suggested that the city
put the money at its best use because a website design would not be a good use for it right
now.
Taking into consideration the concerns from Commissioner Johnson and Vice Mayor
Taylor, Manager Finnie thought it would be appropriate to defer the above resolution.
Mayor Kelley said the item is still under discussion.
Commissioner Johnson said she was not in support of this resolution and suggested that
the city train a current staff member of the IT Department to perform these services.
Commissioner Tydus stated that she was of the conviction that the website represents the
city. She spoke in favor of upgrading the city's website because presentation is very
important and will get the city a lot further. This particular amount is not excessive for
the type of website she is trusting this company is going to provide; therefore, she is in
favor of the city being well represented now as oppose to in the future.
Commissioner Holmes agreed with Commissioner Tydus.
Mayor Kelley agreed that the city needs to upgrade its website which he mentioned on
numerous occasions in the past because the current website is antiquated and not user
friendly. He expressed his concerns relating to the hosting and the quality of services.
Bernie Larallde, IT Director for the City of Opa-locka came forward and stated that the
web hosting is a yearly fee and it is up to the Commission when they chose to break ties
with them. The fee includes the technical support, design work and assistance.
Mayor Kelley said he was in support of the service for a website design for the city.
Vice Mayor Taylor reiterated that she didn't disagree with the design of the website;
however, she didn't think it should be done now.
Regular Commission Meeting Minutes—09/09/2009 16
Manager Finnie added that with the stimulus money received, it will be web based as to
how the city manages those assets. There's a whole arena of things the city has to do on
an internet basis to manage those assets. He said people would be looking at the City of
Opa-locka website and that's the reason staff is recommending the upgrade.
He continued by saying that the city doesn't have the ability now to design a website;
however, he can certainly start a process to train someone to prepare them for the future
to take over this responsibility.
He further said the city's website doesn't reflect the City of Opa-locka as well as it
should.
There being no further discussion, the motion passed by a 3-2 vote.
Commissioner Holmes Yes
Commissioner Johnson No
Commissioner Tydus Yes
Vice Mayor Taylor No
Mayor Kelley Yes
12. NEW ITEMS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER AND
AUTHORIZING RAINBOW ENTERPRISES, INC. TO REMOVE DEBRIS RELATED
TO THE DEMOLITION AND CLEARANCE OF THE OLD CITY WATER PLANT IN
THE AMOUNT OF TWENTY ONE THOUSAND NINE HUNDRED AND THIRTY
DOLLARS ($21,930.00) PAYABLE FROM ACCOUNT NO. 32541520. Sponsored by
C.M.
The above resolution was read by title by Attorney Weeks.
It was moved by Vice Mayor Taylor, seconded by Commissioner Johnson to pass the
above resolution.
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
12-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RESCINDING ALL UNAUTHORIZED BONUSES TO CITY
STAFF FROM OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 AND
FURTHER DIRECTING THE INTERIM CITY MANAGER TO SEND DEMAND
LETTERS TO CITY STAFF FOR THE RECOVERY OF UNAUTHORIZED
Regular Commission Meeting Minutes—09/09/2009 17
UNBUDGETED CITY FUNDS AND HOLD PERSONALLY RESPONSIBLE FOR
THE DISTRIBUTION. Sponsored by D.J.
The above resolution was read by title by Attorney Weeks.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the
above resolution.
Although she received her documentation late, Commissioner Johnson expressed her
concern in terms of the amount of monies spent on unauthorized bonuses and promotions.
Additionally, she doesn't see any line item in the budget for bonuses and she is concerned
as to how the taxpayer's money is spent. She directed the City Clerk to provide a copy of
the documentation to the Commission.
She continued by voicing her displeasure with the unauthorized spending on bonuses and
promotions which must stop because this is not the time or element for giving out
bonuses.
Vice Mayor Taylor asked Manager Finnie if he is giving unauthorized raises and bonuses
to anybody.
Manager Finnie explained that he was just not giving raises to anybody; however, he has
made salary adjustments to individuals who may have been promoted to certain positions
and have received raises in those positions. But in many of those cases the city has saved
money because he has taken individuals off an hourly payroll and put them on a fixed
payroll which in the long run saves money. Again, he adjusted some salaries in the police
department and he'll have to sit with the Commission individually and get an
identification of what a bonus is to make sure they have the same definition. As a City
Manager, he believes he made some financial decisions which are in the best interest of
this city.
He went on to say that he would like to sit down with the Commission to discuss these
adjustments.
Vice Mayor Taylor said that this resolution is suggesting that the City Manager send a
demand letter to everyone who's salary was adjusted and that's not fair to put those
people in that position when it shouldn't have to be in the first place. The city has already
put a freeze on everything in an effort to stay out of a repeated financial emergency.
Manager Finnie said these are very serious issues and he would be more than happy to
have an internal inquiry to address it.
Vice Mayor Taylor reiterated that the resolution is asking that the City Manager recover
the unauthorized unbudgeted city funds. Due to the economic hardship and the
Commission putting a freeze on everything, the City Manager should not be giving
anybody anything and what is done for one must be done for all. If the City Manager is
not prepared to adjust everyone, then he shouldn't adjust anyone.
Regular Commission Meeting Minutes—09/09/2009 18
She continued by saying that this resolution is basically saying what the City Manager
gave he has to take back and that makes bad relations between the Commission and the
employees when it didn't have to be in the first place.
Commissioner Johnson said the city cannot even mess with contracted employee's
salaries because they are protected. This resolution is not addressing adjustments but
those individuals who received $10,000.00 or$5,000.00 and those are the individuals she
is speaking about. She said she knew the difference between adjustment and bonuses and
the Human Resources Director should know the difference too. She asked, what line item
in the budget is for bonuses?
Manager Finnie said there is no category in the budget for bonuses.
Commissioner Johnson continued to voice her frustration with the City Manager giving
individuals bonuses after the Commission passed a resolution for a hiring freeze.
Commissioner Holmes said the employees are upset by the way things are being handled
in this city.
From a legal perspective, Mayor Kelley asked Attorney Weeks how enforceable is this
resolution because it is going back to the former City Manager?
Attorney Weeks responded that there are certain duties the City Manager has pursuant to
the Charter and to the extend the Commission would consider instituting a lawsuit against
the former City Manager for instance because she gave out bonuses not consistent with
her obligations to comply with the budget and so forth then the Commission could
entertain that. However, she doesn't know that it would necessarily be a successful
pursuit but certainly the Commission could entertain that. This would be an issue as to
whether the Commission would want to pursue that but there are a lot of underlying
issues to consider.
After listening to the concerns, Mayor Kelley said he had some of the same concerns
although he doesn't have the documentation but he is trying to figure out the
implementation of something and how it would work in terms of sending a demand letter
and what would happen if there is no response. He agreed with Vice Mayor Taylor in
terms of what you do for one must be done for all which is the challenge because some
folks haven't been done like others and that's the dilemma as to why folks are unhappy.
Commissioner Tydus said she could not support the resolution at this particular time. She
said she was in favor of the intent but not the provisions in the resolution because she
wasn't clear on issues relating to holding the City Manager personally responsible which
could be a liability and defining bonuses. The City Manager has indicated that there were
no bonuses just adjustments that these employees were given for their new positions and
if that is the case, she doesn't see where the City Manager was acting out of round of
responsibility. She has yet to hear where the hiring freeze has not been obliged at all. She
asked, has there been any hiring since the hiring freeze was adopted by the Commission?
Regular Commission Meeting Minutes—09/09/2009 19
Manager Finnie said the resolution was for a limited hiring freeze with the exception of
police officers and crossing guards.
Commissioner Tydus said she could not be in favor of this resolution at this time due to
her concerns because she was not privy to the information Commissioner Johnson had
which would be critical in her decision making.
Commissioner Johnson deferred the resolution until further discovery could be done and
the Commission could be provided with a copy of the information.
Commissioner Holmes withdrew his second and Commissioner Johnson withdrew her
motion. The above resolution was deferred to the next commission meeting.
13. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
14. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
Mayor Kelley stated that Commissioner Holmes requested a wording change to the
following ordinance and the City Attorney referenced the fact that the Commission
needed to state the wording.
Attorney Weeks added that Commissioner Holmes could state the wording change
following the reading and motion on this ordinance. Because it would be a substantial
change from the original, the ordinance would have to go back for a first reading again.
Commissioner Holmes stated that this ordinance deals with the sewer rates and has
nothing to do with the water rates. The water rates ordinance is currently on the agenda
for second reading.
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA; AMENDING CHAPTER 21, ARTICLE II, SECTION 21-77 OF
THE CITY OF OPA-LOCKA CODE OF ORDINANCES, ENTITLED "SCHEDULE
OF RATES GENERALLY" BY AMENDING PROVISIONS RELATED TO WATER
AND SEWER RATE INCREASES FOR FISCAL YEARS 2008-2009, 2009-2010,
2010-2011, 2011-2012 AND 2012-2013; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H.
The above ordinance was read by title by Attorney Weeks.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above ordinance on first reading.
Regular Commission Meeting Minutes—09/09/2009 20
Commissioner Holmes proposed an amendment to the ordinance to remove the word
"water" so that the ordinance only addresses the sewer rates.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to amend
the above ordinance.
While the Commission can amend the ordinance, Attorney Weeks suggested that the
Commission bring it back again for another first reading because there would be a
substantial change.
Commissioner Johnson directed the City Attorney's attention to item 14B2 on the agenda
which was a second reading ordinance dealing with the water rates.
Mayor Kelley said that basically the City Attorney is saying that the item has to be
deferred until the next meeting.
Attorney Weeks explained that the Commission could make the change but it would need
to come up again as a first reading. Initially Commissioner Holmes talked to her about
this item and it looks like there are two items on the agenda; one dealing with water only
and the other dealing with water & sewer. She advised that if the Commission wanted to
deal with the sewer by itself they would have to bring it back for first reading and cannot
just take it off because it is changing substantially what the city publicized it as.
Commissioner Holmes stated that this is the first reading for the sewer ordinance and the
water ordinance was passed on first reading at the last commission meeting. The only
thing is that this ordinance for the sewer somehow got mixed in with the water; however,
the water has already been passed on first reading and is on the agenda for second
reading. During the last commission meeting, he thought the ordinance addressed both
water and sewer, come to find out it was only for the water. He then requested an
ordinance to address the sewer rate increases which is the purpose of the ordinance.
Vice Mayor Taylor asked, is the first reading ordinance advertised?
Attorney Weeks replied, no, a first reading ordinance is not advertised.
Vice Mayor Taylor said that Commissioner Holmes is suggesting that the word "water"
got in the ordinance by error.
Commissioner Holmes said his instruction was to bring an ordinance for the sewer rates.
Attorney Weeks said this ordinance has to come back as a first reading for sewer and
that's what needs to happen to do this properly.
Commissioner Johnson informed the City Attorney that the ordinance will not be posted
in the newspaper until the Commission votes on it for first reading.
Regular Commission Meeting Minutes—09/09/2009 21
Attorney Weeks agreed with Commissioner Johnson but because there was substantial
change in the ordinance, it would have to come back as first reading in order to do it
properly.
Commissioner Tydus asked, is it Florida Statutes that makes reference to substantial
changes?
Attorney Weeks said it was not the Florida Statutes but the body of case law and it could
be challenged legally if things are not noticed properly. With this, the Commission
should bring back the sewer ordinance by itself and go forward.
Mayor Kelley said he was in support of what Commissioner Holmes is trying to
accomplish with the sewer ordinance but in listening to the City Attorney, the
Commission cannot move forward with the first reading because it's not posted as sewer
only otherwise the city will leave itself open for a legal challenge.
Attorney replied, yes.
Commissioner Holmes expressed the importance of having this ordinance final adoption
prior to going into the new budget on October 1, 2009. The Commission in the past has
amended ordinances on many occasions.
Mayor Kelley asked for clarification in terms of having the item passed and the budget
going into effect on October 1, 2009.
Manager Finnie explained that up until the sewer schedule is changed, the city will go in
with the scheduled increase in the beginning of October.
Mayor Kelley said that the concept is not to go in with mismatch numbers for the water
and sewer but to have both in place prior to October 1, 2009 when the new rates are
scheduled to take place.
Manager Finnie said this will be complicated and he will be bringing another companion
item at the next commission meeting.
Mayor Kelley asked, what the law indicates in terms of getting two meetings in to have
the sewer ordinance coincide with the budget.
Attorney Weeks said the meeting could be properly noticed and the Commission could
have a special meeting on the sewer ordinance and have the 10 day requirement for
advertisement.
Mayor Kelley recommended having the special meeting to consider the sewer ordinance
on September 21, 2009 30 minutes prior to the Second Budget Hearing because he
doesn't want to get into the new budget with two different schedules.
Attorney Weeks said the Commission could try to calendar it as such and yes, this
ordinance could be considered outside of a regular commission meeting. She suggested
Regular Commission Meeting Minutes—09/09/2009 22
that the Commission allow her to work with the City Clerk and she make sure that it is
done legally.
Mayor Kelley preferred having the Special Meeting on September 21, 2009 prior to the
Second Budget Hearing possibly at 4:30 p.m.
Attorney Weeks said she would make sure it doesn't present any issues which she doesn't
believe it would and then she will work with the City Clerk to get it scheduled for that
date.
Mayor Kelley asked Commissioner Holmes if he was in agreement of having this item
brought back at a special meeting on September 21, 2009 since he is the sponsor.
Commissioner Holmes said he didn't have a problem with Mayor Kelley's
recommendation.
The motion and second on the above ordinance were withdrawn.
B. SECOND READING/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA; AMENDING CHAPTER 2, ARTICLE I, SECTION 2-8.4 OF THE
OPA-LOCKA CODE OF ORDINANCES ENTITLED "SEARCH COMMITTEE
ESTABLISHED" BY PERMITTING THE CITY COMMISSION TO SERVE AS THE
SEARCH COMMITTEE; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on
July 22, 2009). Sponsored by D.J.
The above ordinance was read by title by Attorney Weeks.
Mayor Kelley opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to pass the
above ordinance.
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
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA; AMENDING CHAPTER 21, ARTICLE II, SECTION 21-77 OF
THE CITY OF OPA-LOCKA CODE OF ORDINANCES, ENTITLED "SCHEDULE
Regular Commission Meeting Minutes—09/09/2009 23
OF RATES GENERALLY" BY AMENDING PROVISIONS RELATED TO WATER
RATE INCREASES FOR FISCAL YEARS 2008-2009, 2009-2010, 2010-2011, 2011-
2012 AND 2012-2013; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on
July 22, 2009). Sponsored by T.H.
The above ordinance was read by title by Attorney Weeks.
Mayor Kelley opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above ordinance.
Following a brief comment by Commissioner Holmes relating to the sewer ordinance, the
motion passed by a 5-0 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
C. RESOLUTION/PUBLIC HEARING/COMMENT:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ADOPTING THE CITY OF OPA-LOCKA REVISED
EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL OF THE
EVALUATION AND APPRAISAL REPORT TO THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL IN ACCORDANCE WITH 163.3191, FLORIDA STATUTES.
Sponsored by C.M.
The above resolution was read by title by Attorney Weeks.
Mayor Kelley opened the floor for a public hearing/comments. There being no persons to
speak on the public hearing, the public hearing was closed.
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.
Vice Mayor Taylor Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes Out of room
Regular Commission Meeting Minutes—09/09/2009 24
Mayor Kelley Yes
15. ADMINISTRATION:
CONSENT AGENDA:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, SUPPORTING THE HOMEOWNERS' DEFENSE ACT OF 2009,
TO ADDRESS THE GROWING CRISIS IN THE AVAILABILITY AND
AFFORDABILITY OF HOMEOWNERS' INSURANCE. Sponsored by J.K.
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, OPPOSING AMENDMENT 4 ON THE 2010 GENERAL
ELECTION BALLOT, WHICH PROPOSES AN AMENDMENT TO THE FLORIDA
CONSTITUTION REQUIRING THAT EVERY AMENDMENT TO A CITY OR
COUNTY COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE
RESPECTIVE CITY OR COUNTY ELECTORATE. Sponsored by J.K.
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, EXPRESSING SUPPORT FOR THE PARENTS, POLICE AND
PREACHER COMMUNITY SERVICE PROGRAM. Sponsored by D.J.
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN
ENTERING INTO AND EXECUTING AMENDMENT NO. 3 TO DEP AGREEMENT
NO. LP6072 BETWEEN THE CITY OF OPA-LOCKA AND THE STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR THE
N.W. 139TH STREET STORMWATER DRAINAGE / ROADWAY PROJECT.
Sponsored by C.M.
9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN
ENTERING INTO AND EXECUTING AMENDMENT NO. 4 TO DEP AGREEMENT
NO. LP6071 BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND THE STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR
THE N.W. 128TH STREET STORMWATER DRAINAGE / ROADWAY
IMPROVEMENT PROJECT. Sponsored by C.M.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
consent agenda resolutions 1, 2, 3, 8 and 9.
The motion passed by a 4-0 vote.
Commissioner Holmes Out of room
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
Regular Commission Meeting Minutes—09/09/2009 25
A. CITY MANAGER'S REPORT:
Manager Finnie updated the Commission on the Sherbondy Park project which he would
come back in hopefully next month with an announcement on where the city is in the
process in terms of timing, demolition and preparing to move the project forward; Segal
Park infrastructure; and Old Water Plant Water and Sewer Atlas which he expects the
RFP to be released the following week.
He continued by announcing that Captain Miguel Galvez will receive recognition for
being recognized as Officer of the Month for September 2009. This presentation would
take place in Washington at the Law Enforcement Officers Memorial Fund.
He reported that staff has done an outstanding job this year in raising capital for the City
of Opa-locka. While the city has several grant awards that they have not heard from as of
yet, they have already collected $1,000,000.00 in grant awards.
Manager Finnie reported on the concern relating to Power Supermarket and the
commercial activity on 22nd Avenue slightly south of the railroad tracks.
Vice Mayor Taylor said the area where the store is located has been an albatross for a
long time and it is difficult to see that the city doesn't have any options because it is a
public nuisance. She suggested that the City Manager use the children because children
walk through there and that area is a drug haven. The stores on the South Side and North
Side, those two areas represent the City of Opa-locka and that in of itself is enough to
keep a task force there and make it quite uncomfortable regardless of who change
owners. The city has to be able to do something because other cities do and to hear it
seems as though they are dragging their feet on that particular area.
She continued to thank staff for cutting the area of NW 135th Street and the NW 37
Avenue/Lejeune Connector.
She suggested that the City Manager bring back the Gulf Course Drive property because
she would like to see that as forest or park which would also create a workforce initiative
and jobs.
She directed the City Manager set up a meeting with the Homeless Trust to create a
citywide homeless plan and possibly establish a small task force which she would like to
chair to address the homeless situation in Opa-locka. She invited the Commission to see
her if they would like to have someone help chair on that task force.
She further directed the City Manager to instruct the Finance Department to bring back a
rebate for the citizens of Opa-locka that pay water; a rebate check for at least a$100.00 to
$200.00 and she would like for this to be brought back within a month's period.
Vice Mayor Taylor expressed her concern relating to the lot near Segal Park and
suggested that the lot is maintained on a regular basis.
Regular Commission Meeting Minutes—09/09/2009 26
Commissioner Johnson directed the City Manager to bring back a monthly report on the
progress of Prime Source Mortgage in terms of working with the city on foreclosures.
She requested copies of all contracts/agreements the City Manager authorized and a hard
copy of all grants awarded to include the title and amount of each.
She continued to say that she spoke to the manager at Wachovia Bank in Opa-locka
regarding flooding in the area and that must be addressed.
She directed the City Manager to make sure all his key staff members are in attendance at
the commission meetings because she doesn't see a couple of those key staff members in
attendance.
In terms of Power Supermarket, she stated that former attorney Joseph Geller worked
with Attorney Weeks in finalizing the Nuisance Abatement Ordinance and that
legislation has what the city needs to address these types of issues. She suggested that the
City Manager consult with the City Attorney so that the city can do what it needs to do to
address this problem.
Commissioner Johnson requested that the lawn service come back in house and she wants
and any other contracts be discontinued. The $200,000.00 spend could employ many
citizens currently unemployed.
She said the city can do what other city's are doing by purchasing foreclosed homes
within the city and putting people back to work by fixing the homes. Then the homes are
sold back to the residents.
She stated that it was brought to her attention that there were errors with some of the
recent RFP's and she wants to make sure RFP's are posted properly.
She further expressed her concerns with the large quantity of signage on the medians; the
lack of quality check on NW 27th Avenue and NW 22nd Avenue near the SR9 corridor
because the signage is deplorable; not seeing the street sweeper put into use throughout
the city which she needs to occur.
Commissioner Tydus asked, what is the status of the RFP for lawn services for alleyways
and other public properties?
Manager Finnie explained that staff was instructed to provide lawn services in house and
he is trying to figure out how to bring those services in house. He said he would provide
an update at the next commission meeting.
Commissioner Tydus asked, was that the consensus of the commission because in her
opinion the Public Works Department is over tasked?
Manager Finnie said he would present two items to the commission and then go from
there based on their directive.
Commissioner Tydus asked, what is the status of the former lawn service provider?
Regular Commission Meeting Minutes—09/09/2009 27
Manager Finnie stated that the former lawn service provider was no longer working for
the city; the vendor received a brief extension to provide services in August.
Mayor Kelley expressed his concerns relating to the lawn services because the
instructions were clear. The City Manager was instructed to issue an RFP for lawn
services and to utilize the same vendor while the process was taking place. He said he
was frustrated to hear the concerns from citizens about the alleyways. The RFP would not
exclude My Lawn Service or anyone else from submitting a proposal, it just allows for
the city to go through the process. The intent was never to bring the lawn services in-
house because the rangers would not be able to do the work.
He continued by saying that the RFP for lawn services has yet to go out and the grass
continues to grow high. He had seen Public Works staff cutting the grass throughout the
city and it's challenging. The city is going through a dilemma because the directive of the
Commission was not followed.
Commissioner Tydus thanked staff for the progress in issuing warnings for chicken
violations; however, she is concerned with the process in identifying ownership if there is
no coupe in the yard. She asked, does Miami-Dade County provide pick up service?
Manager Finnie said that Miami-Dade County will assist but the city has to identify the
domicile of the chickens. There is a follow-up on a monthly basis at 5:00 a.m. to listen to
the noise in order to identify the locations of the chickens.
Commissioner Tydus expressed her concerns in terms of how the chickens were picked
up.
Manager Finnie said he would like to sit down with staff to discuss the options of
capturing the chickens.
Commissioner Tydus stated that she was informed by a resident regarding raises given
and the statement was made that the City Manager, City Clerk, and a Commissioner were
in a meeting. As a result of that meeting the clerk's staff was given raises. She said the
question was asked to her, therefore, she would like to know if the statement was true.
Manager Finnie said that there were on-going discussions for the last few months about
raises in that area but the City Clerk's staff had not received raises.
Commissioner Tydus asked, were there any raises given in the City Clerk's Office?
Mr. Finnie replied, no.
Commissioner Tydus said she appreciates the City Manager responding to her inquiry as
it relates to the Opa-locka/Hialeah Flea Market which validates her concern and the fact
that since 2006 the Flea Marker has owed the city over a quarter of a million dollars in
delinquent occupational license fees. To date they owe Three Hundred Twelve Thousand
Seven Hundred Dollars and have not paid one payment since those payment
Regular Commission Meeting Minutes—09/09/2009 28
arrangements were adopted by the commission which brings deep concerns. The fact that
the city lowered the actual amount owed was in an effort to work with them.
She directed the City Attorney to prepare a resolution initiating legal proceedings for a
breach of agreement/contract. In previous discussions, the commission spoke about to
collecting monies from police officers who breached their contracts; therefore, she would
like a resolution prepared initiating legal proceedings.
Commissioner Holmes requested that the City Manager provide documentation to the
statement regarding the city receiving $2.1. million dollars in grant money. This
information should be provided by12:00 p.m. on Friday, September 11, 2009.
He expressed his frustration in terms of the citizens' complaints concerning the high
water bills. The purpose for the water & sewer ordinance is to stop the increases effective
October 1, 2009. The city must put something in place to see what impact this would
have on the budget and to make sure there isn't a deficit.
He further stated that he cannot continue to allow the City Manager to not do what he is
suppose to do because the commercial contract with Waste Management was to go out
for an RFP but instead it was extended for an additional year. The City Manager had the
month of August to come up with a plan; but the citizens continue to complain about the
high water bills.
Commissioner Holmes stated that he had lost all confidence in the City Manager and
although he may be a nice person when it comes down to running a city his performance
is poor.
He continued to say that the City Clerk had requested on several occasions for
information from the City Attorney's Office to keep on file but she still had not received
it. In terms to the $300,000.00 increase in the City Attorney's budget, he asked, where is
the money coming from when there's a decrease in revenues?
He further expressed his concern relating to the bonuses given to certain employees and
continued by inquiring about several employees who are valuable to this city.
Commissioner Johnson suggested that the City Manager not bring back a resolution for
in-house lawn services because she would just wait until the RFP process is completed.
She asked, what is the process for employees who are non-bargaining employees not
protected under AFSCME for the increase that a bargaining employee normally receives?
Manager Finnie stated that all employees with the exception of directors received an
increase when the commission put the 3% COLA increase in the budget. When the
commission put money in the budget for increases that's normally how staff will receive
an increase, unless there's a change in position.
Commissioner Johnson asked, did all employees get the increase?
Regular Commission Meeting Minutes—09/09/2009 29
Mr. Finnie replied, yes.
Mayor Kelley informed the City Manager of the sign at the entrance of Ingram Park
which is faded. Additionally, he received a response regarding the property on
Washington Avenue indicating it was cleaned and waiting to go before Miami-Dade
County demolition; however, he drove by the property and it was not cleaned.
He further said he would meet with the City Manager regarding the funding available for
services for the homeless.
Mayor Kelley mentioned that is he challenged in how the maintenance of alleyways will
be addressed. The citizens' concerns were not addressed and he would hope that the City
Manager respond to the Commission in writing in order to share that information with the
citizens on those issues that have come before them during that meeting.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
city is paying its bills on time.
Commissioner Johnson requested an accounts payable report be provided to the
Commission on a monthly basis.
Dr. Orji agreed to provide the Commission with the information requested.
16. OFFICIAL BOARD REPORTS:
Charter Reivew Board Minutes of May 7, 2009 were provided as a part of the agenda
packet to the Commission.
17. CITY ATTORNEY'S REPORT:
Attorney Weeks stated that the commission should have received an emailed letter from
Michael Burke who is representing the city in the case of Steven Barrett vs. the City of
Opa-locka. Mr. Burke put forth an offer received from the other side, and in addition to
that he is seeking a shade meeting as mentioned in the letter to be held on September 23,
2009. Keeping in mind what Mayor Kelley suggested in terms of not interrupting the
commission meeting, she is requesting that the shade meeting is held at 6:30 p.m. and end
at approximately 6:55 p.m. She read the following into the record: Pursuant to Florida
Statues 286.0118 an Attorney Client Session will be held at a special meeting of the City
of Opa-locka commission on Wednesday, September 23, 2009 at 6:30 p.m. in the City
Commission Chambers to consider the settlement negotiations in the following case
Steven Barrett vs. the City of Opa-locka case number 06-04499CA23 and in attendance
will be the Mayor Joseph Kelley, Vice Mayor Myra Taylor, Commissioner Timothy
Holmes, Commissioner Rose Tydus, Commissioner Dorothy Dottie Johnson, City
Manager Bryan K. Finnie, City Attorney Burnadette Norris, Outside Legal Counsel
Michael T. Burke, and Court Reporting Services. The Attorney Client Session will begin
Regular Commission Meeting Minutes—09/09/2009 30
at 6:30 p.m. and end at approximately 6:55 p.m. She further said she would forward the
appropriate notice to the City Clerk.
As it relates to the concerns from Alvin Burke and Johnnie Mae Greene, Attorney Weeks
said they may have been misinformed about some information. She continued by
addressing Mr. Burke's concern relating to the Planning Council.
She further stated that Commissioner Tydus pointed out the fact that the Planning
Council is not on a schedule like some of the other boards because they meet for specific
items. The City Manager and staff is moving forward diligently on getting the EAR
approved which deals with the Comprehensive Plan. She is unclear to what extent Mr.
Burke believes there are issues to meet on because right now there aren't any issues to go
before the Planning Council.
With regards to the statement by Johnnie Mae Greene relating to insurance paid for the
City Attorney, Attorney Weeks said they are paying for their own insurance. She said
what may have been referred to in the City Attorney's budget are other items dealing
with Risk Management for insurance which the City Attorney's staff doesn't benefit
from.
She continued by saying that she had been meeting with the City Clerk and City Manager
regarding the agenda items since the commission passed the resolution. She said if
Commissioner Holmes received an e-mail from the City Clerk that the City Attorney
prepared an agenda for a meeting that is not true.
She further stated that after meeting with the Commission on city charter issues she is
looking forward to another meeting to finalize those issues and move forward.
Several years ago the court mandated the Commission in terms of deferred compensation.
Commissioner Johnson requested an update in writing on the court mandate several years
ago in terms of the deferred compensation.
Commissioner Holmes stated that when the City Attorney was first hired she indicated
she didn't want any benefits from the city; however, she has a city laptop.
Mayor Kelley stated that he had asked for the Hardship resolution a while back and he
anticipated it would have been prepared by now.
18. CITY CLERK'S REPORT:
Clerk Irby read thank you cards from Dr. Gloria Williams, Edwin Whitehead, and the
Newton Family.
She read a certificate from the Florida League of Cities recognizing the City of Opa-locka
for participating in the Building Citizen in the Community Back to Basics Champaign.
She further mentioned that over 600 people*!were tested and trained for the census and
they are in the process of hiring those individuals.
Regular Commission Meeting Minutes—09/09/2009 31
After attending the Charter Review Board on a regular basis, Commissioner Tydus said
that the charter provide for the City Attorney, City Clerk and City Manager serve as ex-
officio members of that board; however, she had not seen the City Clerk in attendance at
the last several meetings. She asked, as an ex-officio member, why hasn't the City Clerk
attended meetings?
Clerk Irby responded that during the time she was clerking the board there was
controversy going on; however, since the City Manager has appointed a board clerk in
accordance to the charter, she can attend the meetings.
19. MAYOR/COMMISSION REPORT:
Commissioner Johnson reported that she participated in the Back to School events and
provided books bags to Nathan B. Young Elementary School and Dr. Robert B. Ingram
Elementary School compliments of her church. She stated that there is a strong possibility
she may not be in attendance at the next Regular Commission Meeting.
Vice Mayor Taylor asked Mayor Kelley if there was anything the commission could do
to have the commission meetings last no longer than two hours.
Mayor Kelley stated that every member of the Commission was elected and he had to
allow everyone an opportunity to speak.
Vice Mayor Taylor congratulated Captain Galvez on his commendation.
Commissioner Holmes said he still hadn't received a response in terms of trying to give
the citizens some relief on their water bills.
Mayor Kelley reported his attendance at the Florida League of Cities workshop and the
Miami-Dade County League of Cities Meeting. He said he is continuing to work on
issues dealing with the budget in terms of Miami-Dade County, meeting with Community
Based Organizations to make sure they are prepared in the event of a natural disaster, and
looking for funding for the city to move forward.
20. OFFICIAL BOARD APPOINTMENTS:
Commissioner Timothy Holmes reappointed John Riley to serve on 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 Vice Mayor Taylor to adjourn the meeting at 11:21
p.m.
Regular Commission Meeting Minutes—09/09/2009 32
ATTEST:
MA OR
Imo'
CI I'Y CL • '
Regular Commission Meeting Minutes—09/09/2009 33