HomeMy Public PortalAbout10- October 28, 2009 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
Clerk's Action Summary Minutes
Regular Commission Meeting
October 28, 2009
7:00 P.M.
City Commission Chambers
777 Sharazad Boulevard
Opa-locka,FL 33054
1. CALL TO ORDER:
Mayor Joseph L. Kelley called the meeting to order at 7:15 p.m. on Wednesday, October
28, 2009 in the City Commission Chambers, 777 Sharazad Boulevard, Opa-locka, Florida
33054.
2. ROLL CALL:
The following members of the City Commission were present: Commissioner 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):
Commissioner Johnson pulled agenda items 15-3, 15-4, 15-5, 15-6, 15-7, 15-10 and Vice
Mayor Taylor pulled agenda item 15-1, 15-8, 15-9 and deferred 15-5 from the Consent
Agenda. The above listed items pulled from the Consent Agenda would be discussed
separately under Action Items (Agenda Items# 11).
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve
the agenda, consent agenda and pull list.
Regular Commission Meeting Minutes—10/28/2009 1
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
There were none.
8. APPROVAL OF MINUTES:
Regular Commission Meeting—October 14,2009
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve
the minutes of the Regular Commission Meeting of October 14, 2009.
Commissioner Tydus noted that the minutes beginning on pages 4 and 12 were
transcribed in verbatim format. She asked the City Clerk why certain portions of the
minutes were transcribed in verbatim.
Clerk Irby advised that several members of the Commission requested that certain
portions of the minutes were transcribed in verbatim.
Commissioner Tydus asked, what commissioners requested that those portions be
transcribed in verbatim?
Both Commissioner Holmes and Commissioner Johnson replied that they had requested
certain portions of the minutes transcribed in verbatim.
Commissioner Tydus asked Commissioner Holmes and Commissioner Johnson their
reason for requesting verbatim transcripts.
Commissioner Holmes stated that he didn't have to provide an explanation.
Commissioner Johnson thanked the City Clerk for providing the verbatim transcripts
which she requested for several things that had been stated which she would like to be on
record.
There being no further discussion, the motion passed by a 4-1 vote.
Commissioner Johnson Yes
Commissioner Tydus No
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
Regular Commission Meeting Minutes—10/28/2009 2
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Mark Brown, Assistant to District 1 County Commissioner Barbara Jordan came forward
to address any concerns the Commission may have had. He briefly reported on his
presentation from the last commission meeting in which he spoke about the HUD homes
as well as the Tot Lot. The HUD homes are being deeded over to Habitat for Humanity;
however, there is legal verbiage that needs to be modified.
He continued by addressing Vice Mayor Taylor's concern relating to the Miami-Dade
County/Opa-locka home beautification and rehabilitation program.
Commissioner Johnson thanked Commissioner Jordan for her dedication and support of
the Head Start Program.
10. PUBLIC PRESENTATION:
1. Alvin Burke
re: Welfare of the City
Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, appeared before the City
Commission to speak on an issue from the last commission meeting in which a
commissioner was allowed to speak ill of a former employee who provided great service
to this city and nothing was done to stop it by the chair. Although the former City
Attorney was sick, his office was always staffed which is more than what he can say for
what the city has now.
He continued by expressing his frustration with the comments made about the former
City Attorney Mr. Jones and advised that he would be taking his fight to the taxpayers
and putting together a recall committee.
2. Steve Barrett
re: Welfare of the City
Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, appeared before the City
Commission and stated that being in Opa-locka since 1971, the last commission meeting
was a sad day for this community because of the hurtful comments made by
Commissioner Tydus about the former City Attorney Mr. Jones. Along with Mr. Burke,
he too would take this fight to the community. He expressed his disagreement with using
the former City Attorney to protect the current City Attorney.
10a. CITIZENS' FORUM:
1. Mertis Thrower of 1045 Sultan Avenue, Opa-locka, Florida, came forward and
expressed her appreciation to the City Commission and staff for taking care of the tree
problem in her area.
Regular Commission Meeting Minutes—10/28/2009 3
2. Charles S. Chestnut, III, of Gainesville, Florida appeared before the City
Commission on behalf of former City Attorney Mr. A. Quinn Jones and his family. In
reviewing the meeting of two weeks ago, he spoke about the statements made against Mr.
Jones and his family all of which were not factual.
Because of the three minute limit under Citizens' Forum, Mayor Kelley asked for the
consensus of the Commission to allow Mr. Chestnut to speak an additional 2 minutes.
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to allow
Charles S. Chestnut, III, an additional 2 minutes to speak under Citizens' Forum.
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
Mr. Chestnut continued by saying that those statements were made and yet one comes
back and does a defamation to a person with what he perceives to be information that is
not substantiated with any kind of proof other than accusations made in terms of the
relationship. As a former politician of 23 years, he suggested that the Mayor/Commission
set policy of quorum in terms of the do's and don'ts that are with respective on the part of
the Commission to the citizens of this particular community. He informed Commissioner
Tydus that he is personally hurt, Mr. Jones wife, daughter and sisters are also personally
hurt by the statements she made.
3. Sheila Pruett of 2350 NW 135th Street, Opa-locka, Florida, appeared before the
City Commission to express her concerns relating to the newly revised utility bill, her
water being shut off without any notice, the increasing water bill and the poor customer
service at the city's water department.
Mayor Kelley apologized for the rudeness and thanked Mrs. Pruett for her tolerance in
trying to address the issue; however, apparently there is an issue with the utility
statements.
Manager Finnie apologized to Mrs. Pruett and said he would work to resolve this issue;
however, the water should be on.
Mrs. Pruett advised that her water is back on. She continued by commending
Commissioner Johnson and Mr. Finnie for their quick actions in addressing the problem
and getting the water back on.
4. Sandra Cunningham of 13815 NW 23rd Avenue, Opa-locka, Florida, came
forward and expressed her frustration with the high water bills.
Regular Commission Meeting Minutes—10/28/2009 4
Commissioner Holmes advised that there's an ordinance on the agenda to address the
high water bills, and if passed, there should be a decrease in the water bills.
Commissioner Johnson said that everyone is challenged by the outrageous water bills and
she had asked the City Manager, when there is an extremely large increase in a person
water bill from one month to the next, to cap the rate until an investigation is done. In
addition to the ordinance sponsored by Commissioner Holmes, she advised of the city's
Hardship Program which was increased to $200.00.
For clarification purpose, Manager Finnie spoke of the city setting up a program that
when they see a water bill spike, they address the spike but continue the payment
schedule that is the average of the previous three months.
Commissioner Johnson agreed and said there is something definitely wrong with the
water issue.
5. Antoinette Jones-Pauline came forward and spoke on behalf of her late brother A.
Quinn Jones, III. She asked that all the community needs are taken care of and allow her
brother to rest in peace.
6. Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, appeared before the
City Commission and stated that a stage was built on the side lawn of Historic City Hall
in preparation for the 70's Costume Ball. He suggested that a resolution is passed so that
nothing takes place on the grass in the future because the workers from the Public Works
Department work very hard to maintain the area around Historic City Hall. He further
voiced his concerns relating to the 70's Costume Ball.
7. Aaron Hill, resident of Opa-locka, Florida, came forward and stated that his wife
had paid the water bill the previous week and his water was just shut off. His concern was
the increase in his water bill from $80.00 per month to $300.00 per month. The city was
supposed to be investigating the increase but nothing had changed and he is basically
getting the run around.
Mayor Kelley directed the City Manager to make sure Mr. Hill's concern is addressed
and to make sure everyone impacted is notified of the problem.
8. Sharisse Jones, daughter of the former City Attorney A. Quinn Jones, came
forward and expressed her frustration with the statements made about her father at the
last commission meeting in which he was referred to as a functioning alcoholic. She
thanked Commissioner Holmes for his respect and said that the statements made by
Commissioner Tydus were wrong.
9. Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, appeared before the City
Commission and apologized on behalf of the citizens of Opa-locka to the family of A.
Quinn Jones, HI for the statements made which is not typical of the people of Opa-locka.
Regular Commission Meeting Minutes—10/28/2009 5
11. ACTION ITEMS (items from consent agenda pull list):
15-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE
AGREEMENT WITH THE CITY'S GOVERNMENTAL LOBBYIST, BECKER &
POLIAKOFF, P.A., BY EXPANDING THE SCOPE OF SERVICES TO INCLUDE
REPRESENTATION OF THE CITY BEFORE THE FEDERAL GOVERNMENT IN
WASHINGTON D.C., AT AN ADDITIONAL AMOUNT NOT TO EXCEED
. Sponsored by J.K.
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.
Of concern to Vice Mayor Taylor was the fact that the resolution was not signed by the
City Attorney as to "approved as to form and legal sufficiency". Secondly, she was
unable to find any existing contracts with Becker & Poliakoff other than the 2 resolutions
dating back to 2001 and 2007. She suggested that the city follow the RFP process in
selecting an experienced lobbyist in Washington.
Commissioner Johnson recalled in 2007 doing an extension for the current lobbyist and
stated that Becker & Poliakoff is capable of providing lobbying services in Washington
D.C.; therefore, she is in support of this resolution.
Given Becker & Poliakoff's experience with the City of Opa-locka, Mayor Kelley
suggested that the City Commission allow them to expand their scopes of services to
include representation in Washington, D.C. In terms of the agreement, he stated that the
City Commission passed the legislation in 2007 and it is up to the City Attorney, City
Manager and/or City Clerk to find the contract. He proposed an amount not to exceed
$20,000.00.
Vice Mayor Taylor agreed that the city did in fact need a lobbyist in Washington;
however, Becker & Poliakoff had been the city's lobbyist and she is concerned about the
fact that the city is now getting into the point of having a process and she didn't see a
process following Becker & Poliakoff, notwithstanding, that she could only find 2
resolutions. Secondly, Becker & Poliakoff reported that the city received absolutely no
funding from Tallahassee that came to the City of Opa-locka; however, other cities
received money.
She further suggested that the City Commission put out an RFP for an experienced
lobbying firm in federal funding to represent the City of Opa-locka in Washington.
Mayor Kelley asked both the City Attorney and City Manager if they were able to locate
or had they've seen any contracts for Becker& Poliakoff?
Regular Commission Meeting Minutes—10/28/2009
Attorney Weeks said she is aware of the resolution in 2007 but she doesn't think they've
been operating with a contract for several years. However, she is not sure about the 2007
contract.
Manager Finnie stated that he would contact Becker & Poliakoff the following day for a
signed contract because the city was unable to locate the contract.
Mayor Kelley said he would defer the resolution until the City Manager can obtain a
copy of the contract or agreement. Although the city didn't get any dollars in Tallahassee,
in essence, those connections and the idea that they didn't lose any money is greater.
Commissioner Johnson encouraged Mayor Kelley go forth with the resolution and not
defer it because if there's not an agreement then staff needs to make sure that whatever
needs to be in place is in place. She is now hearing that the city is operating without a
contract and that should not be. She suggested that Mayor Kelley call for the question on
the resolution and should the Commission decide to go out for an RFP then the resolution
could be rescinded.
Vice Mayor Taylor agreed with Mayor Kelley's deference. She asked, how was the city
paying this firm without a contract or history; now the city have an RFP process to
follow. The city must have a policy and procedure for professional services.
Commissioner Holmes stated to Mayor Kelley that this item is already in the form of a
resolution and it is up to him to call for the question.
Commissioner Tydus was also in favor of the deference. Although it is critical that the
city has representation in Washington, the city needs to follow the policy set.
Because the language in the resolution talked about amending the agreement with Becker
& Poliakoff, Mayor Kelley stated that if there wasn't an agreement or the city could not
find an agreement then why wasn't that information stated to him before now.
Attorney Weeks explained that she was asked to prepare the resolution and her office did
the best they could to prepare it with the information they had and believing there was a
contract. The City Attorney's Office was told that there was a resolution in 2007
approving and they assumed the resolution went with the contract but the contract never
did come up. In all likelihood she believed that the former City Attorney did prepare a
contract. Although she didn't have the benefit of talking to Mayor Kelley, the resolution
in 2007 did call for a 2 year period and that was incorporated as a part of the resolution
for an extension.
Mayor Kelley expressed his discontentment with asking for something and getting to this
point to have this kind of challenge. The city should first of all be proactive and not
reactive. He said he would move forth with the resolution and directed the City Attorney
to advise him if there is no contract so that he can come back and rescind this resolution.
Regular Commission Meeting Minutes—10/28/2009 7
There being no further discussion, the motion passed by a 3-2 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus No
Vice Mayor Taylor No
Mayor Kelley Yes
15-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO WORK IN
CONJUNCTION WITH CSX CORPORATION ("CSX") TO IDENTIFY AND CLEAR
DEBRIS ON AND AROUND RAILROAD TRACKS AND TO ENCOURAGE THE
REPAIR OF ARMS, RAILINGS AND OTHER TRAIN RELATED STRUCTURES
AND MECHANISMS WITHIN THE CITY OF OPA-LOCKA. Sponsored by M.T.
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.
Not knowing whether the City Manager had reviewed the Action Item Lists,
Commissioner Johnson stated that for at least 6 of the 8 years she had been in office,
CSX was a concern of hers even in working with Commissioner Jordan's office for a
buffer along State Road 9. She asked that Mark Brown, Assistant to Commissioner
Barbara Jordan, District 1, come forward.
She recalled mentioning the cracking of the homes and working on a buffer and to have
CSX work with the City Manager's Office to almost do the exact same thing this
resolution is calling for. She asked Mr. Brown if he recalled those discussions?
Mr. Brown replied, yes.
Commissioner Johnson proceeded to asked Manager Finnie whether he could recall since
his tenure as Interim City Manager of her having conversations reference CSX as
reflected in this resolution.
Manager Finnie replied, yes.
Commissioner Johnson expressed her frustration with many of the items she had asked
for throughout the years that are now coming up all of a sudden in resolutions. She asked,
why wasn't this done before and how will the city get it done?
Manager Finnie stated that there is a communications issue and the primary focus on
CSX was to discuss the whistle blowing.
Regular Commission Meeting Minutes—10/28/2009 8
Commissioner Johnson advised that the train whistle blowing was Alvin Burke,
Commissioner Holmes and Mayor Kelley's issue and her issue had always been the
appearance along the railroad on State Road 9.
Manager Finnie stated that the responsibility of cleaning around the railroad is FDOT and
not CSX of which he wasn't aware of, but when he figured out what that responsibility
was, he headed in the right direction, and by that time this resolution had surfaced.
Commissioner Johnson stated that she would not be supporting this resolution. She asked,
why wasn't she contacted when the City Manager found out that the responsibility of
cleaning around the railroad was FDOT and not CSX?
Vice Mayor Taylor stated that this resolution would authorize the City Manager to work
with CSX to clear the debris around the railroad tracks as well as do repairs.
Commissioner Holmes expressed his concern relating to having to pass additional
legislation to get certain things done.
Mayor Kelley directed the City Manager that when resolutions come up dealing with
items the City Manager is already working on, the City Manager should inform the
sponsor of the resolution and provide the documentation, and it would then be up to the
sponsor to go forth with the legislation.
Manager Finnie stated that from this point going forward he would get more involved in
reviewing ordinances from the Commission to see if there's an overlap and how that
affects some of the consent items placed on the agenda.
Mayor Kelley said he didn't see the need for this resolution if the communication had
occurred to say "we're working on it'. The City Manager is saying FDOT and Vice
Mayor Taylor is saying CSX so he is really not sure what entity this would fall under.
Commissioner Johnson asked, is there money involved with this resolution?
Vice Mayor Taylor said she doesn't know yet that's why the resolution reflects that the
City Manager would work in conjunction with CSX. All she wants the resolution to do is
get the city in communication with CSX and although she is aware some of it is FDOT,
the resolution reads "railroad related".
She continued by saying that currently there isn't any legislation, but a directive on the
Action List and that is why she is sponsoring this resolution so that the City Manager can
work with CSX to get this done.
There being no further discussion, the motion failed by a 3-2 vote.
Commissioner Johnson No
Commissioner Tydus Yes
Regular Commission Meeting Minutes—10/28/2009 9
Vice Mayor Taylor Yes
Commissioner Holmes No
Mayor Kelley No
In moving forward, Commissioner Johnson said she didn't want the City Manager to
have her bring forth a resolution for everything because if that's the case, she has some
items that have never come before the City Commission as a resolution that he is already
working on.
15-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CONVERSION OF THE GOLF COURSE
SITE, LOCATED SOUTH OF GOLF COURSE DRIVE BETWEEN JANN AVENUE
AND NW 37TH AVENUE / DOUGLAS ROAD, TO A PASSIVE PARK FOR
RESIDENTS OF THE CITY OF OPA-LOCKA. Sponsored by M.T.
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.
At the beginning of the year, Commissioner Johnson stated that the City Manager pulled
the resolution which the City Commission had a vision for this particular property to
bring additional tax money into this city. She assumed that the vision of the previous
Commission was not shared with the sponsor and that should have taken place. Although
she believed that additional green space is needed for citizens, previously Vice Mayor
Taylor's champion was for a park in the Nile Gardens area and there's no green space
over there. She said this is so close to what the city is currently doing now in terms of the
community garden and Sherbondy Park.
Manager Finnie advised that the vision of the Commission to create tax dollars at this site
for the City of Opa-locka has not been abandoned. In fact, the golf course site in the NSP
application is a priority project. He said he understood this legislation to be a temporary
clean up of the park which may entail cleaning up and making it look like a passive park.
In the correspondence provided to the Commission, Commissioner Johnson said she
didn't see anything that read "temporary". Additionally, she wouldn't want the city to
spend any money on anything that's not going to be long lasting. She said the city would
be back in an emergency situation unless they watch the spending and the city should
analyze the cost with all legislation that is cost related.
She continued by saying that the city is at a position to spend money on a passive park
when the concentration should be on the Nile Gardens area where there is no park.
Commissioner Tydus stated that one of her concerns was the definition of a passive park
but now she is clear on that. She had always felt that this property although it's strange in
configuration should be a source of revenue for the city. Regardless what the city does, it
Regular Commission Meeting Minutes—10/28/2009 10
will require maintenance and that property has been an eyesore for a long time because of
the city's lack of maintaining it. Whether it is a passive park or full size park, it will
require maintenance, therefore, the city must concentrate on maintenance.
Vice Mayor Taylor stated that this was one of her action items from a month ago and the
idea of having a passive park was to give beauty to those citizens on the edge of town.
This property is overgrown and a passive park doesn't negate the fact that it can be
economically developed; a passive park means that the grounds are clear, have a few
chairs for people to sit and have a nice place, but when it is ready for development then
the passive park becomes income generating.
She continued by saying that her next resolution would be for putting a park in the Nile
Gardens area. In 2000, it was reported that 3500 children in the Nile Gardens are and they
have no park but that's a whole other issue. She said she would use faith based
organizations and volunteers to help come clean it up, keep it clean and put down the
benches.
Commissioner Johnson expressed the importance of having the cost, line item and
volunteers as a part of the resolution and make sure the city's insurance covers the
volunteers.
Commissioner Tydus stated that the residents in that particular area are already using that
property as a passive park sharing it with the debris and the trash. This is a beautiful
property as it is if it were cleaned up and maintained which the city has not done on a
consistent basis. The way the resolution is written up is more permanent than temporary.
Vice Mayor Taylor stated that a passive park is not something that is permanent and
that's why it is passive; it doesn't have a lot of stuff on it. It is just a clean area where
people can sit and beautify that portion of the town. She said she had already talked to the
City Manager about the volunteers and faith based organizations and that cost would be
little to none. If there is a cost then she will bring it back.
Mayor Kelley stated that the City Manager in seeing this resolution went to the sponsor
for discussion but he didn't go to the sponsor the same way on the previous resolution
and he would talk to the City Manager about this.
He continued by saying that when the City Manager pulled the resolution for this
property in January 2009, one of things the City Commission indicated at that time was to
make sure the property is maintained. This issue also came up during the vision setting as
a task that the Urban Rangers would do until a later time. He asked, why wasn't this
property maintained?
Manager Finnie said that there were other priorities in terms of how the Urban Rangers
were used; however, the property was cut this summer and the city did its best to
maintain it.
Regular Commission Meeting Minutes—10/28/2009 11
With this resolution, Mayor Kelley said that the sponsor indicated that volunteers and
faith based organizations would be used.
Vice Mayor Taylor stated that if there is a cost then she would bring it back to the
Commission.
Mayor Kelley suggested that the sponsor defer this resolution because should the City
Commission pass this resolution then the sponsor doesn't have to come back because
Section 3 of this resolution reads "the City Manager will take any and all necessary
action to effectuate the intent of the resolution" which is to create the passive park for the
residents. Although the City Commission can agree on the green space, this property
should have already been cleaned up and maintained. If the sponsor wants to put benches,
that's fine, but she should have asked the police in engaging in that discussion because it
will possibly attract other folks as well. Passing this resolution as it is gives the green
light to do what needs to be done to make this a passive park whether there's cost
included or not. He cannot support this resolution based on Section 3 of the resolution.
He continued by saying that he would support it if the sponsor goes back and includes all
those items mentioned, but in the meantime this property still needs to be cut and
cleaned. He asked, if this property back on the Urban Rangers schedule?
Manager Finnie replied, not yet.
Mayor Kelley asked, passing this resolution would get the maintenance of the property
back on their schedule?
Manager Finnie explained that there was a recent conversation regarding this property
and he along with staff conducted a site visit to get caught up on what is being discussed;
therefore, he is not at that point as of yet.
Commissioner Holmes asked, what happened to the future development of that property?
Mayor Kelley stated that the development of this property was submitted as a part of the
city's NSP application.
Commissioner Johnson expressed her concerns relating to the volunteers and insurance
coverage in the event of an accident because of the liability on the city.
Attorney Weeks stated that Commissioner Johnson's point is valid and that would have
to be addressed with the carrier if volunteers are going to be used.
There being no further discussion, the motion failed by a 3-2 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes No
Regular Commission Meeting Minutes—10/28/2009 12
Commissioner Johnson No
Mayor Kelley No
15-6: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO REBATE ONE
HUNDRED DOLLARS ($100.00) TO ALL RESIDENTIAL UTILITY CUSTOMERS
WITHIN THE BOUNDARIES OF THE CITY OF OPA-LOCKA, PAYABLE FROM
THE WATER & SEWER ACCOUNT. Sponsored by M.T.
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.
According to the supporting documentation for this resolution, Commissioner Johnson
said that she didn't want to put the city in a financial situation. She said the request was
done by the City Manager to Harvey, Covington & Thomas LLC to look at the impact
should this resolution pass. She requested that Mr. Harvey come forward.
Roderick Harvey of Harvey, Covington & Thomas, LLC, came forward and provided a
substitute to page 2 of the supporting documentation. He went over the two scenarios as
reflected in the documentation.
Commissioner Johnson read a portion of page 3 of the supported documentation as
follows: "the State Revolving Loan Agreement includes language that prohibits the city
from providing free services. It is important to note if a monetary rebate will be given to
residents with delinquent accounts". She further referred to the booklet provided to the
Commission by the City Manager in terms of the list of accounts receivable of others
which states: "utility bill accounts — we have now past due $644,520.00 past due in
utilities".
She continued by asking what position would this resolution put the city in if all this
money is owed on delinquent accounts. She said she believed in giving the residents a
rebate but she must first look at the cost analysis, what is coming in and how this will
impact the city overall. She was of the opinion after reviewing the supporting
documentation that this resolution would put the city in a financial situation eventually
forcing the City Commission to go back and raise the water bills. She said she would like
to know how the city was going to do this from a financial perspective.
Mr. Harvey indicated that he didn't have the cash balances for what is actually in cash as
to when the city would provide the rebate; however, the cash balances he has are as of
today. He provided core information and anything he thought should be considered but he
did not know until yesterday about the other resolution and this is something that
management and the City Commission should decide. He also provided the income on
accrual basis for the Water & Sewer Fund for three years to show what the income had
been.
Regular Commission Meeting Minutes—10/28/2009 13
Based on the information provided, Commissioner Johnson said the city is losing money.
Manager Finnie said he is not involved in the discussion as to whether the city does a
credit, rebate or hardship because that's a decision made by the policy makers but he does
have a fiduciary responsibility to talk about the water utility fund which is viable and he
doesn't want anyone to misinterpret because you can't compare accruals to a cash basis.
He said he didn't want to leave the impression that the city's water utility fund is not a
viable water utility fund.
Commissioner Johnson said the information was provided to the Commission to analyze
and although she totally supports relief to the citizens; however, she supports it in a
fashion of making sure at the end of the day, year or future the city will not be back in a
financial situation. She said she was not saying that the water & sewer account was not
viable because she seen there is 1.5 million dollars in water & sewer reserve which could
only be used for specific purposes.
She continued by saying that the city just passed a resolution for the Hardship Assistance
Program and now they are at second reading of the water & sewer ordinance and all these
items involve money, and she just wants to know how the city is going to do it. She was
of the opinion that the City Manager had a process to make this happen because if that's
the case then the City Manager should forgive all the high water bills just like they did
last year when they forgave 3.7 million dollars.
Manager Finnie stated that his concern is not so much the legislation being discussed but
he is faced with the situation where if someone makes a misread of where the city is
financially, it would deter the discussion of the second reading for his attempt to reduce
the water bills. He questioned as to how he could responsibly recommend reducing the
water bills and then has someone say that his financial position doesn't have the where
with ails, he has to defend that front; the city has a viable liquidity account and financial
position in the water & utility fund. In talking about lowering the water bills, the city's
fund is strong enough to sustain the ups and down side of such an endeavor.
Vice Mayor Taylor stated Mr. Harvey's initial entity on this issue was to see if this
resolution would put a hardship on the budget. She asked Mr. Harvey if that was correct?
Mr. Harvey replied, in terms of the cash balance; that is correct.
Vice Mayor Taylor said she was unaware of the additional information in the document
but the first issue was the State Revolving Loan which prohibits city from giving free
service; however, a delinquent account does not mean that it is not paid at all but that it
has not come up to a zero balance. The other issue with the resolution which she thought
the Commission would jump on is that the stimulus money is not getting down to the
common man. This would give the citizens a rebate of accumulative earnings that the city
has earned of$100.00 to 2,438 utility customers in the city. She said she wanted to get it
straight where Mr. Harvey stood in this whole operation and that was from a standpoint
Regular Commission Meeting Minutes—10/28/2009 14
of saying that this would not have a negative effect on the budget. The City Commission
has the opportunity here in the City of Opa-locka to create it own stimulus packet to the
citizens. This has nothing to do with the Hardship Assistance Program because that is all
year long and this rebate is one-time.
She spoke about the total amount for the rebate to include mail out which would come to
a total of$244,872.72 for the 2,438 utility customers in Opa-locka.
Vice Mayor Taylor suggested that the City Commission turn to tab 4 in the booklet
provided by the City Manager. She directed their attention to the Water & Sewer line
item to see if they can take the money out of that fund.
She asked Dr. Orji if the city had the money in the Water & Sewer account to give the
citizens $244,000.00.
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that as
of September 30, 2009 there is 5.8 Million Dollars in the Water & Sewer pool cash and
there's 1.5 Million Dollars in the reserve fund.
Vice Mayor Taylor continued to asked, does the city have enough to give the utility
customers in Opa-locka $100.00?
Dr. Orji replied, based on our report, yes.
Commissioner Holmes asked, how much money has the city received in Stimulus money
this year?
In terms of grants, Manager Finnie said approximately 1.7 Million Dollars.
Commissioner Holmes stated that if he would support this resolution, he would include
those customers on the outside of Opa-locka as well. The City Commission already
increased the Hardship Assistance Program and going through second reading of the
Water & Sewer Ordinance which addresses the consumption for a decrease in the water
bills. He said he would not support this resolution.
Vice Mayor Taylor stated that she could only do one thing at a time and at a later date she
will work with those residents that live outside of the City of Opa-locka. At this time, her
concern is for those residents that receive water & sewer and live in the City of Opa-
locka.
As much as the citizens really deserve relief, Commissioner Tydus stated that the City
Commission needs to be financially prudent. They have done the best they could with
what they have to work with by not increasing the water rates. She was of the opinion
that the city should aggressively collect the delinquent accounts of people who have not
paid and owe the city money and then they can reward the people accordingly.
Regular Commission Meeting Minutes—10/28/2009 15
Commissioner Johnson expressed her concerns with all Opa-locka utility customers
whether inside or outside the city limits and her previous discussion with the Finance
Director relating to the city's bank accounts and interest rates on CD's.
Dr. Orji explained that the interest rates on CD's is from the yearly reserve allocation
passed through the budget process that the Water & Sewer should have at the minimum
$750,000.00 as a reserve account. He stated that two years ago the management team
went to the City Commission and indicated that instead of having the reserves on paper
which they never had in the bank that it would be a prudent financial planning to create a
CD program restricting this money so no one has access to this money without
commission approval.
Vice Mayor Taylor stated that the discussion on money and finance is clouding the issue
of this resolution because all she wants to do is give $100.00 to 2,438 utility customers at
this time and consider the other at a later time. The City Commission has heard from the
auditor that it doesn't have a negative affect on the budget and heard from the Finance
Department that the city has the money. If$244,000.00 would put the city in the red then
they're in the red already.
Mayor Kelley stated that he is in favor of helping the citizens but what he hadn't heard in
this discussion was that fact that there was a day when the city didn't have 5 Million
Dollars, nor $750,000.00 nor 1.5 Million Dollars in reserve and there was a day when
they didn't have any money to talk about in the first place. One of the things in being
prudent is that the money needs to go into infrastructure to fix what's wrong so the water
bills will come down automatically and that's what really should occur. The city hasn't
fast tracked that enough because the city should be at a point where all they have is the
reserve and then they won't have leaking pipes, won't have these challenges and will
really help the citizens in the long run. Although the City Commission is concerned about
the citizens; he is also concerned because the city is still in need of additional dollars to
fix the infrastructure and it's very hard to ask for more money when money is being
given away.
He continued by saying that he didn't agree with giving the $100.00 rebate and it is not
the answer to the real solution because he wants to be able to give the citizens relief and
the infrastructure fixed over the long haul. In his opinion, that $5,000,000.00 should be
fast tracked to provide permanent help to the citizens. One of the things the city has had
is short sidedness in that they think about today but they need to look past today, even
though today has its challenges and do everything they can to assist. The infrastructure as
it is now with the dollars accumulated through the rates to fix the real issue and giving
$100.00 is not the real answer. The citizens will see relief on their utility bills with the
legislation passed. Additionally, the City Commission must be mindful that although the
city is freezing the rates and doing other things, the cost of running the system is still
ongoing and they don't know what costs Miami-Dade County is going to pass on. He is
hoping in the future when the city demolishes the Water Plant, the city may be able to use
that and reclaim some dollars but until that occurs, he has to deal with what's here now.
He said he would rather be prudent at this moment giving relief to the residents through
Regular Commission Meeting Minutes—10/28/2009 16
the hardship and believing that the tier system recommended is going to help the majority
of citizens. He does not believe the $100.00 is the solution. The citizens wants to see the
City Commission set policy, not only impacts for today, but that has a future for
tomorrow.
There being no further discussion, the motion failed by a 4-1 vote.
Commissioner Taylor Yes
Commissioner Holmes No
Commissioner Johnson No
Commissioner Tydus No
Mayor Kelley No
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) FOR
CITY CLERK PROMOTIONAL ACTIVITIES CONNECTED WITH THE 2010
CENSUS, PAYABLE FROM ACCOUNT NO. 19-519480. Sponsored by D.J.
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 Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DIRECTING THAT ALL CONTRACTS FOR THE CITY
ACCOMPANY RESOLUTIONS AND ORDINANCES AND THAT ALL
RESOLUTIONS AND ORDINANCES SHALL CONTAIN LANGUAGE THAT
STATES "IN A FORM ACCEPTABLE TO THE CITY COMMISSION". Sponsored by
D.J.
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.
Vice Mayor Taylor asked for further clarification on the above resolution.
Regular Commission Meeting Minutes—10/28/2009 17
Commissioner Johnson expressed the importance of having all supported documentation
as a part of legislation including contracts and that the language on the resolution read "in
a form acceptable to the City Commission" as oppose to "in a form acceptable to the City
Attorney". She made mention of the firm hired for the Planning Council and when the
contract was drafted it gave the authority for this firm to work on others projects but the
City Commission wasn't aware because the contract was not a part of the legislation and
it did not come back to them for approval.
Vice Mayor Taylor attempted to get a better understanding of the process as it stands now
and what the purpose of this resolution would be. She referred to the RFP process and
stated that the contract would not be attached to the resolution until it is negotiated with
the parties. After the contract is negotiated then it is brought before the Commission, but
if there's a time restraint, they have given the City Manager permission with legal to sign
the contract.
In most cases, Attorney Weeks explained that there's a template she uses for the majority
of contracts with vendors and that's what they've been doing. When possible, she would
bring the contract with the resolution for approval on both. However, in some cases it is
difficult to do when the city goes out for RFP and the city doesn't have the change to
negotiate the issue.
Vice Mayor Taylor asked, if the resolutions state "in a form acceptable to the City
Commission", who is liable for that contract?
Attorney Weeks advised that the City Commission would be liable.
Vice Mayor Taylor asked, prior to that, who would be liable?
Attorney Weeks replied, my office would be liable.
Vice Mayor Taylor asked, does the City Attorney's Office have liability insurance?
Attorney Weeks replied, yes.
Vice Mayor Taylor asked, does the City Commission have insurance for liability?
Attorney Weeks stated that the City Commission probably won't have insurance for
liability for an issue like that.
Vice Mayor Taylor stated that she didn't want to be liable for anything because she
doesn't have insurance to cover.
Mayor Kelley asked, when negotiating a contract that wasn't included with the
legislation, does it always come back to the Commission?
Manager Finnie replied, no.
Regular Commission Meeting Minutes—10/28/2009 18
Mayor Kelley asked, would this legislation do that?
Manager Finnie stated that this discussion now is not a contract discussion because he has
agreed to bring all contracts to the Commission; but this discussion is about the language
on the contract.
Attorney Weeks explained that generally all municipalities have resolutions that read "in
a form acceptable to the City Attorney" because it is standard language; but if the City
Commission wants to change that then perhaps there would be some exposure to the city
if it's "in a form acceptable to the City Commission" because they are not in the business
of reviewing the day to day contracts.
According to the Charter, Commissioner Johnson stated that it is her understanding that
the City Attorney works for the city and ultimately the City Commission; therefore, legal
sufficiency on all documentation has to be concurred with the City Attorney.
In many cases, Attorney Weeks explained that the contract accompanies the resolutions
but in some cases, the City Commission approved the resolution accepting the vendor but
they haven't had the chance to negotiate, so it's impossible to bring that contract back.
Realistically unless she brings it back twice, she will not be able to have it with the
resolution.
Commissioner Johnson said that it was her understanding that the City Attorney reviews
for legal sufficiency all items coming before the City Commission for a vote?
Attorney Weeks replied, correct.
Commissioner Johnson stated that "acceptable to the City Commission" does not exclude
the City Attorney from legal sufficiency.
Attorney Weeks said that if the City Commission wants to abide by the language "in a
form acceptable to the City Commission" she didn't know whether that's necessarily
language they want to have. Normally all cities resolutions read "in a form acceptable to
the City Attorney" and she'd never heard in any place where it would be acceptable to the
City Commission.
Commissioner Johnson proposed an amendment to the resolution to read "in a form
acceptable to the City Attorney with the approval of the City Commission". In the past,
what she had seen is that it had not come back before the City Commission.
Commissioner Tydus was unclear as to what was trying to be accomplished. The
language being proposed in the resolution puts the City Commission in legal liability and
she doesn't have the legal expertise, background or education to put anything in a form
that is acceptable; however, she can approve the conditions of the document based on the
form that is acceptable by the City Attorney. In the case of an RFP where a resolution
Regular Commission Meeting Minutes—10/28/2009 19
comes before the City Commission by recommendation from the administration as to
what vendor they should consider accepting, that particular resolution is accepting that
vendor and there's nothing saying they have to approve or adopt a contract at that time.
The proper thing to do, and it has been her experience with all municipalities as well as
the City of Opa-locka in years to past, that contract is considered at the next regular
commission meeting based on the resolution approving that particular vendor. With that
being the case, the City Commission is approving the conditions of the contract that the
legal department has already put into the acceptable form. The City Commission doesn't
know anything about what an acceptable form is but they do approve the conditions and
it is the City Attorney's responsibility to put those conditions in the proper form. This
does not have to be done simultaneously with accepting the bid of the vendor; therefore,
she has not reason to support this resolution.
Commissioner Johnson responded by saying that she received contracts and agreements
that had never came in front of the Commission. She continued by saying that she would
like a friendly amendment to the resolution to read "in a form acceptable to the City
Attorney with the approval of the City Commission". She reassured Commissioner Tydus
that they were both saying the same thing but this legislation will mandate staff to bring
the contract back to the Commission upon completion of the negotiations.
Vice Mayor Taylor disagreed with the resolution because she didn't want to be
responsible or liable for anything. Additionally, she wasn't sure if the friendly
amendment would take the weight off the Commission.
Attorney Weeks stated that she believed the amendment would take the weight off of the
Commission. She clarified that if this resolution passed she is to bring a resolution
approving the RFP and then it would come back again for approval once the contract is
negotiated.
Commissioner Johnson directed the City Attorney to attach the contract to the resolution
and if an item need negotiating and it is not included, then that should be brought back to
the Commission for approval.
Vice Mayor Taylor disagreed with Commissioner Johnson because the amendment would
address the title and the first whereas but not section 2 and 3.
Commissioner Johnson deferred the above resolution to make the necessary changes and
bring it back at the next meeting.
The motion and seconded on the above resolution were withdrawn and the resolution was
deferred.
9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DIRECTING THAT ALL PUBLIC RECORDS REQUESTS BE
HANDLED EXCLUSIVELY BY THE CITY CLERK. Sponsored by D.J.
Regular Commission Meeting Minutes—10/28/2009 20
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.
Vice Mayor Taylor stated that she was doing research to find out from the City Clerk if
there was a written policy on how to handle public records request.
Clerk Irby stated that there isn't a written policy in the city's code or charter for Public
Records Request; however, the city follows the public records law provided in the Florida
Statutes.
Vice Mayor Taylor referred to a section in the city's charter dealing with the City
Manager and public requests.
Attorney Weeks advised that there is language in Section 159 of the Charter which deals
with publicity of records and this provision of the charter was done at a time when the
open records of FS 119 wasn't as specific as it is now. The intent of it is that the City
Manager is to create procedures in which records are to be reviewed and citizens are to
have access to records whether it's the press or citizens coming in. The Charter
establishes which predates 119 and some of the other sunshine law type open government
rules that it's the City Manager that would establish the regulation.
Vice Mayor Taylor stated that what the City Attorney is saying is that there is a law in the
Charter which is what she read but the interpretation therefore might be old or it may
infer that because at the time they would only have inspection. She believed in a process
by which to handle public records request, the only thing is it has here without the
interference from other departments but the public records request will require records
from the other departments. She suggested that a policy is created for public records
request and that it be brought back to the City Commission because the way the
resolution reads is that everything is handled by the City Clerk without interference from
other departments, but sometimes the request is from the other department so they have
to be involved. She said she didn't see where this was complete but then the City Clerk
has to deal with the City Manager because the other departments fall under the City
Manager.
In reference to FS 119, Commissioner Johnson stated that the city's charter is antiquated
and it does need revisions, but what it appears is happening is that there is not a process
for public records request and this resolution would put the process in place. She made
reference to a lawsuit filed against the custodian of records relating to a public records
request which according to FS 119 the City Commission designates that.
Attorney Weeks agreed that the City Commission can designate it and in this case the
part of the issue is that it is not clear who they have designated.
Regular Commission Meeting Minutes—10/28/2009 21
She continued by providing the definition of a"Custodian of Records" and stated that this
resolution would provide that the designee of public records which according to the city's
Charter is the custodian of records.
Clerk Irby stated that Section 159 of the city's Charter only deals with the inspection of
public records. She said her issue with the public records is that she was served a lawsuit
and she will not be accountable for it because she will do her part when receiving a
public records request. If she doesn't have the information in her office, she sends it to
whatever department that have the information and that department's responsibility is to
get the information back to her within a reasonable time. There is a lot of interference
when it comes to public records.
She continued by saying that she spoke to an employee to inquire about the public
records and that individual said they were told not to give the information to her. She said
she would not be held accountable for these public records and if any department wants
to violate Section 119 of the Florida Statutes then so be it, but she will not.
Commissioner Johnson agreed with the City Clerk but stated that instead of routing the
public records request to the various departments, it should go to the City Manager and
he should be responsible to getting it to the departments and ensuring it is completed
within a timely manner.
She continued by saying she went over to the Human Resources Department and was told
that the public records had to be approved by the City Attorney prior to being distributed
to the requestor.
She further deferred the above resolution.
The motion and seconded were withdrawn on the above resolution.
10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO SAVE TRI-RAIL
BY ENACTING A CAR RENTAL SURCHARGE AND DIRECTING THE CITY
CLERK TO TRANSMIT THIS RESOLUTION TO THE APPLICABLE
GOVERNMENTAL ENTITIES SET FORTH HEREIN. Sponsored by R.T.
The above resolution was read by title by Attorney Weeks.
It was moved by Commissioner Johnson, seconded by Commissioner Tydus to pass the
above resolution.
Commissioner Johnson asked for an explanation on the above resolution.
Commissioner Tydus explained that the city would be joining with many other
municipalities in the tri-counties in saving the Tri-Rail transportation system. This
Regular Commission Meeting Minutes—10/28/2009 22
resolution is calling for a car rental surcharge to save the Tri-Rail in Miami-Dade,
Broward and Palm Beach Counties.
Mayor Kelley explained that Tri-Rail is losing money and there's a move to try to save
Tri-Rail and one of the suggestions has been to include a 25% surcharge on car rentals
because the thought process is that visitors and tourists rent cars.
There being no further discussion, the motion passed by a 3-2 vote.
Vice Mayor Taylor Yes
Commissioner Holmes No
Commissioner Johnson No
Commissioner Tydus Yes
Mayor Kelley Yes
12. NEW ITEMS:
13. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
14. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING CHAPTER 7 OF THE OPA-LOCKA CODE OF
ORDINANCES ENTITLED "BUILDING, HOUSING AND STRUCTURAL
REGULATIONS" BY CREATING ARTICLE I, SECTION 7-12 ENTITLED
"SUITABILITY FOR HABITATION CERTIFICATE FOR SINGLE FAMILY
RESIDENCES, CONDOMINIUM UNITS, TOWNHOUSES AND DUPLEXES
ACQUIRED THROUGH CERTIFICATE OF TITLE, AND REQUIRING
CERTIFICATION OF COMPLIANCE WITH APPLICABLE BUILDING CODES
AND ZONING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K.
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.
There being no discussion, the motion passed by a 5-0 vote.
Regular Commission Meeting Minutes—10/28/2009 23
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
Vice Mayor Taylor asked for additional information as it pertains to the above ordinance
in terms of the suitability for habitation.
Mayor Kelley informed Vice Mayor Taylor that he would address her question during the
City Manager's Report.
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH ATLAS PACKAGING, INC. AND SHIELDS LLC FOR
WASTEWATER INFRASTRUCTURE IMPROVEMENT RELATED TO THE
REHABILITATION OF PUMP STATION NO. 14, AT A COST NOT TO EXCEED
TWO HUNDRED THOUSAND DOLLARS ($200,000.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
E141 ECTIVE DATE. 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 ordinance on first reading.
Commissioner Johnson asked, did this go out for an RFP? If not, then why didn't it with
the amount of money being involved.
Manager Finnie advised that this item had not gone out for an RFP. He said that Atlas is a
company that is doing a 4.5 million dollar expansion in Opa-locka and they have asked
Opa-locka to allow them to improve the lift station next to their building in order to move
their project on time to get their Certificate of Occupancy. He recommended that the City
Commission support that request. Atlas Packaging, Inc. will front that $200,000.00 and
when it is all said and done the city will repay them over a two year period pursuant to
this ordinance.
Commissioner Johnson asked that the sponsor point out in the correspondence that Atlas
is going to be fronting the money. Additionally, she asked what had happened to
Resolution No. 08-7251 where the City Commission approved three engineers for any
work needed to be completed in the city.
Manager Finnie explained that this item should be in a contract and the contract lays out
the terms and conditions of the engagement. The contracts clearly stated that this is a
reimbursement.
Regular Commission Meeting Minutes—10/28/2009 24
Commissioner Johnson stated if this ordinance passes she would like to know where the
money would come out of in the budget.
Manager Finnie stated that there is 4.3 Million Dollars in the budget for infrastructure.
This company is helping the city because they are improving the lift station and they will
build it for $200,000.00. The city will repay Atlas $100,000.00 per year over a two year
period which helps the city cash flow all of the others things they have to do.
Commissioner Holmes recalled previously attending the groundbreaking for this
particular company. The pump station belongs to the city and is in need of upgrading
which is a benefit to the city.
Mayor Kelley stated that he too attended the groundbreaking for this particular company
and this speaks to the big issue in which here we have a company that's willing to invest
and make such of investment in the City of Opa-locka putting up their own resources
upfront because they believe in the city.
There being no further discussion, the motion passed by a 5-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
B. SECOND READING/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA; REPEALING AND REPLACING CHAPTER 21, ARTICLE II,
SECTION 21-77 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES,
ENTITLED "SCHEDULE OF RATES GENERALLY" IN ITS ENTIRETY;
ESTABLISHING A SCHEDULE OF WATER AND SEWER RATES FOR FISCAL
YEARS 2008-2009, 2009-2010 AND 2010-2011; 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.
Mayor Kelley opened the floor for a public hearing.
1. Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, came forward in
support of the above ordinance.
Regular Commission Meeting Minutes—10/28/2009 25
There being no further 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.
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
C. RESOLUTION(S):
15. ADMINISTRATION:
CONSENT AGENDA:
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA
TO ENACT LEGISLATION PROHIBITING AN INDIVIDUAL FROM WRITING,
SENDING OR RECEIVING TEXT MESSAGES WHILE OPERATING A MOTOR
VEHICLE. Sponsored by J.K. /D.J.
11. A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF OPA-
LOCKA, FLORIDA, PIGGYBACKING THE CONTRACT BETWEEN THE STATE
OF FLORIDA AND DELL MARKETING LP AND AUTHORIZING THE CITY
MANAGER TO EXPEND FUNDS IN THE AMOUNT OF FORTY NINE THOUSAND
FOUR HUNDRED FIFTEEN DOLLARS AND SEVENTY FOUR CENTS ($49,415.74)
FOR THE PURCHASE OF FORTY (40) DELL LAPTOPS WITH DOCKING
STATIONS, SIX (6) DESKTOP COMPUTERS AND THIRTY EIGHT (38) MOBILE
PRINTERS FOR THE CITY POLICE DEPARTMENT, PAYABLE FROM ACCOUNT
NO. 36-521646. Sponsored by C.M.
12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO C3
TEKNOLOGIES, LLC FOR THE PURCHASE OF A USED ONAN 175 KW DIESEL
POWER GENERATOR AND A 300 GALLON DIESEL SUBTANK AND
AUTOMATIC TRANSFER SWITCH, PAYABLE FROM ACCOUNT NO. 25-525390.
Sponsored by C.M.
13. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SELECT AVMED
Regular Commission Meeting Minutes—10/28/2009 26
AS THE CITY'S HEALTH INSURANCE CARRIER AND METLIFE AS THE CITY'S
DENTAL INSURANCE CARRIER FOR THE PLAN YEAR BEGINNING
NOVEMBER 1, 2009 THROUGH OCTOBER 31, 2010. Sponsored by C.M.
14. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENT OUT THE
CITY COMMISSION MEETING SPACE LOCATED ON THE 2ND FLOOR OF TOWN
CENTER ONE FOR MEETINGS AND SOCIAL FUNCTIONS ON A FEE PER USE
BASIS. Sponsored by C.M.
15. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE
PARTS FROM SANDERS COMPANY, INC. FOR EMERGENCY REPAIRS TO THE
CITY'S PUMP STATION NO. 5 IN THE AMOUNT OF SIX THOUSAND SIX
HUNDRED AND SIXTY FIVE DOLLARS ($6,665.00), PAYABLE FROM
ACCOUNT NO. 35-535202. Sponsored by C.M.
The above consent agenda resolutions were read by title by Attorney Weeks.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
consent agenda resolutions.
The motion passed by a 5-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
With regards to the question Vice Mayor Taylor had with regards to habitation, Mayor
Kelley said this is really what he would call consumer protection legislation and what it
does is that many times when people move out or the property goes into foreclosure,
individuals may want to purchase that property but the condition is not really habitable.
This legislation creates a mortgage foreclosure registry so that it is habitable for people to
live in and there's a process that it would go through. The city doesn't have this process
in place but they do have the challenges of foreclosure and people leaving properties in
such bad condition. Unfortunately, individuals purchase the property without knowing a
lot of the challenges. This would create a process where the city would oversee the fact
that the property would get inspected.
Mayor Kelley relinquished the gavel to Vice Mayor Taylor and left the meeting at 10:40
p.m.
A. CITY MANAGER'S REPORT:
Regular Commission Meeting Minutes—10/28/2009 27
Manager Finnie notified the City Commission that at the rescheduled Regular
Commission Meeting on Thursday, November 12, 2009 he expects to make a
recommendation on the Sherbondy Park project and on the Residential Solid Waste
Collection & Disposal.
As a result of the city being awarded the Weed & Seed grant, he publicly acknowledged
Gregory Harris of the Public Works Department for writing the application.
He further reported on the Crime Watch Summit on Sunday, October 25, 2009 which in
his opinion in terms of information provided was outstanding. He recommended that the
City Commission consider hosting this summit in the City of Opa-locka as soon as
possible.
Manager Finnie announced that the Thailand Delegation would be visiting the City of
Opa-locka once again and that information would be provided at a later time.
As it relates to the Strategic Plan, he said he would provide an update at the next regular
commission meeting on the implementation which is the next step in the Strategic Plan.
In terms of the discussion relating to public records, he indicated that the City Manager's
Office is neutral on that issue and it doesn't matter what the process is because he would
support a process to be established for the processing of public records.
Commissioner Johnson stated that she was glad the City Manager attended the coalition
sponsored by the City of Opa-locka and the City of Miami Gardens which is a joint
venture. In attending the Black Mayor Conference in Las Vegas, most cities are
collaborating their resources with grants and there may be great opportunities with the
neighboring city.
She continued by saying that in the minutes of the last commission meeting the City
Manager was to bring back a detailed report of contracts and agreements because at that
time it was mentioned that they were not all rescinded. She requested that the City
Manager follow up on her request.
She further requested an update on the employee's memorial garden that suppose to be
adjacent to the pavilion near Historic City Hall.
Manager Finnie advised that he would have to get back with Commissioner Johnson on
that issue.
Commissioner Johnson expressed her concern relating to the residual garbage in the
drainage near Homestyle Restaurant along NW 22nd Avenue and the need for the city's
street sweeper to be utilized in that area.
Manager Finnie advised that the city is in the process of ordering parts for the street
sweeper.
Regular Commission Meeting Minutes—10/28/2009 28
Commissioner Johnson voiced her displeasure with the quality of OPA-TV and suggested
that staff get out and interview individuals as oppose to displaying still pictures. Although
she was in support of technology, she is not pleased with where the city is going. As
mentioned at the last meeting, she did sign a support letter with Miami-Dade County for
broadband.
With regards to the water bills, she said hopefully that issue was resolved with the
legislation.
For accountability purposes in terms of the City Manager's limit to expend $3,500.00,
Commissioner Johnson directed that the City Manager bring back at the commission
meetings a detailed report on those expenses the City Manager has within his limit prior
to the payment. The purpose of this request is because she observed payments to the same
vendor for several payments of$3,500.00 each.
In addition to that, she said there was mentioned of the Holiday in the Park / Toy Drive
on a date to be announced but both of these events are held as one and it would be held
on December 12, 2009. She said she would bring back a resolution because the $3,500.00
put away for Opa-Steppers which she had not used, she would like to use for this event.
She made reference to all the resolutions previously adopted for the set up, technology,
etc. in association with the 2nd floor at Town Center to be utilized as the Commission
Chambers. She directed the City Manager to provide the timeline for the relocation of the
Commission Chambers.
She further stated that the City Commission previously passed a resolution for a search
for a City Manager and she promised to bring a draft (copy provided to the City
Commission) to be opened on November 20, 2009. She encouraged the City Commission
to review the draft and provide any changes or suggestions within a week. Since the
city's website was under construction, she directed that the City Manager make sure this
announcement was out and available.
Commissioner Johnson directed the City Manager to provide the City Attorney with a
copy of the Employee Performance Evaluation so that it can remain in the same format
and she would make sure the Commission receives a copy as well.
Manager Finnie advised that he would send a complete new package the following day
and all three appointed officials would be included.
Since the city offices are now located at 780 Fisherman Street, Commissioner Holmes
said it is time to put up the city, state, and U.S. flags on that building. He requested an
update on the Commission inquiry about the feasibility of purchasing the Town Center
Building. He agreed with Commissioner Johnson in terms of the city spending monies for
the relocation of the Commission Chambers but the meetings are still being held in the
Commission Chambers at Historic City Hall.
Regular Commission Meeting Minutes—10/28/2009 29
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
financial reports, accounts receivable and bank accounts information is provided in the
packet provided by the City Manager. Additionally, the city is paying all of its bills as
they become due.
Commissioner Johnson suggested that Dr. Orji include in the account payable report in
terms of the agreements coming up to $3,500.00 information on the vendor, the amount,
and what account the funds are coming out of.
At the request of Commissioner Holmes, Manager Finnie provided a brief explanation on
the water& sewer ordinance to the citizens of Opa-locka.
At the request of Vice Mayor Taylor, Manager Finnie gave a report on the process for the
Sherbondy Park project which he is expecting to bring back a recommendation of a
contractor at the November 12, 2009 commission meeting.
Vice Mayor Taylor asked for an update on the Old Water Plant.
Manager Finnie stated that he had just reviewed the schematics and the atlas for the
underground piping system. The city is ready to go out and solicit for the demolition but
he is being very cautious in terms of where the pipes are.
Fernand Thony, P.E. of the Opa-locka Public Works Department came forward and
stated that the bids are due on November 23, 2009 and demolition should follow
approximately 30 days after that.
16. OFFICIAL BOARD REPORTS:
There were none.
17. CITY ATTORNEY'S REPORT:
Commissioner Johnson directed the City Attorney to call her the following day to discuss
those items deferred in order to put a time certain and make the necessary revisions.
Additionally, she directed the City Attorney to get with the City Manager for revisions of
her Employee Performance Evaluation.
18. CITY CLERK'S REPORT:
With the approval of funds for the Census 2010, Commissioner Johnson asked, what is
the timeline for the City Commission to expect promotional activities?
Clerk Irby said she would wait until after the holidays to commence with promoting the
Census 2010 but she would do mail outs prior to that.
Regular Commission Meeting Minutes—10/28/2009 30
Commissioner Johnson suggested that the City Clerk work on getting the banners out as
soon as possible.
At the last meeting, Vice Mayor Taylor stated that she directed the City Clerk to provide
her with a timeline on the Census 2010 and she would like to receive that information.
19. MAYOR/COMMISSION REPORT:
Commissioner Holmes announced that the Commissioner Holmes Annual Turkey
Giveaway in collaboration with the Opa-locka Police Department would take place on
November 20, 2009 @ 11:00 a.m. for employees and at 1:30 p.m. to the citizens.
Additional information would be provided at the next commission meeting.
He expressed his appreciation to everyone who supported him during his time of
bereavement.
Commissioner Johnson reported that she attended the National Conference of Black
Mayors; meet with individuals from Google on the broadband; as a part of the Super
Bowl Committee she has companies looking at the Jazz Café and she is working with
groups from Canada on bringing Soccer, Tennis and Golf to the city. Also, she reported
being recognized along with Mayor Shirley Gibson at FIU with the Neighbors to
Neighbors Leadership Award.
She stated to the City Manager her interest in starting back with her television show
"Real Talk with Commissioner Johnson" to be tapped in the 2"d Floor Conference Room
at Town Center.
She directed the City Clerk to contract Lawrence Wright for a presentation on concepts
for the Historic City Hall as well as the Downtown are because she is ready to present
some ideas.
Commissioner Tydus reported that she also attended the National Conference of Black
Mayor's along with Vice Mayor Taylor and Commissioner Johnson. She said she was
most encouraged by the workshop where she learned of the EPA funding available and
she would provide administration with that information in hopes that the City of Opa-
locka can benefit by it.
She invited everyone to attend the 70's Costume Ball on Saturday, October 31, 2009 @
6:00 p.m.
Vice Mayor Taylor reported that she attending the National Conference of Black Mayors
and she brought information back relating to new releases from Edison Electric Company
on ways to lower the electric bill and Smart Growth which gives the difference of a Smart
House and a Green House (the information booklets were provided to the City Manager).
She spoke on information relating to Broadband and the workshop called "Let's Get
Regular Commission Meeting Minutes—10/28/2009 31
Pookie off the Couch" which is a study showing direct collation between economic
downturn and gang related.
20. OFFICIAL BOARD APPOINTMENTS:
There were none.
21. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Johnson, seconded by Commissioner Holmes to adjourn the meeting at
11:23 p.m.
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Regular Commission Meeting Minutes—10/28/2009 32