HomeMy Public PortalAbout04- April 28, 2010 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY
REGULAR COMMISSION MEETING
April 28,2010
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 7:10 p.m. on Wednesday, April 28,
2010 in the City Commission Chambers, 777 Sharazad Boulevard, Opa-locka, Florida.
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: City Manager
Clarance Patterson, Interim City Attorney Joseph S. Geller 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):
Manager Patterson deferred agenda items 16-6 and 16-10 to the next regular commission
meeting of May 12, 2010.
Commissioner Johnson pulled agenda items 16-2, 16-4, 16-5, 16-7, 16-9, 16-11;
Commissioner Tydus pulled agenda items 16-1, 16-3; and Mayor Kelley pulled agenda
items 16-8 from the consent agenda (these items would be discussed separately under
Action Items).
Regular Commission Meeting Minutes—04/28/2010 1
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 5-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting—04/14/2010
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to approve the
minutes of the Regular Commission Meeting of April 14, 2010.
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
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner, Community Liaison for Miami-Dade County Commissioner Barbara
Jordan (District 1)came forward to address any concerns.
Commissioner Johnson and Mayor Kelley thanked Commissioner Jordan for her
attendance and support at the Town Hall Meeting.
10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
11. PUBLIC PRESENTATION:
Commissioner Johnson reminded the Commission that several years ago she spoke to
them relating to the Global Sustainability with the celebrities and football players. As a
result, she was in touch with Mrs. Wright and is hoping that the presentation would note
that she had done the sweat equity in that the license fee was waived.
1. Maggy Ducena-Wright, RN CNCM
Down To Earth G.S.I. Inc.
Regular Commission Meeting Minutes—04/28/2010 2
Maggy Ducena-Wright, President / CEO of the Down to Earth Global Sustainability
Initiative came forward and stated that the initiative is a community based environmental
protection campaign providing events to provide "go green" knowledge to the residents
of the community. On April 21, 2010 she received notification by the Department of
Energy that she was preliminary selected to present pilot projects for ten cities. This is a
30 Million Dollar grant which will bring Three Million Dollars of weatherization
activities and resources to the residents of the City of Opa-locka. It was the
recommendation of Commissioner Johnson that she offer this pilot program not only to
the City of Opa-locka but also to the City of Miami Gardens. In addition, this program
would bring 78 green jobs to the City of Opa-locka. She further provided specifics in
terms of the requirements from the city to participate in the program.
She requested that the Commission accept this program.
Mayor Kelley suggested that Mrs. Wright meet with the City Manager.
lla. CITIZENS' FORUM:
1. Emounte Banks of 2771 NW 152nd Terrace, Miami Gardens, Florida, appeared
before the City Commission to speak on the Opa-locka Labor Workforce Project. As the
individual overseeing the program, he provided the Commission with copies of all checks
paid by the city for the expenses incurred as well as payroll incurred to individuals
including Christopher Hinds.
Based on the statement made by Mr. Banks in terms of running the Opa-locka Labor
Workforce Project, Commissioner Johnson stated to the City Manager that she didn't
remember that ever being a part of this initiative.
Manager Patterson advised the Commission that he previously provided a report on the
Opa-locka Labor Workforce Program which was originally assigned to Octavian Spanner
and he was the person held responsible for running the program.
Mr. Banks added that Mr. Spanner was the person he was in direct contact with and
giving directions as to what needed to be completed in the city.
2. Ed Moore, staff representative for AFSCME Council 79 and AFSCME Local
2068 of 99 NW 183`d Street, Miami Gardens, Florida, appeared before the City
Commission and thanked Commissioner Holmes for the resolution to give the employees
the salary they should have had a long time ago. For informational purposes, he said that
negotiations on the contract started in August 2008 and the contract was ratified by the
membership on February 23, 2009 and here it is April 2010 and that contract has not been
brought to the Commission for approval and the employees haven't received their money.
Should the city not like the contract, then it is up to the Commission to vote it up or
down; however, leaving the employees without a contract or a pay increase is unfair.
Commissioner Holmes informed Mr. Moore of the list he had of a "no vote" from
employees. The Commission cannot support the contract if the members in the union
don't agree with it and that is the main reason why the City Manager pulled the item off
Regular Commission Meeting Minutes—04/28/2010 3
the agenda. He requested that he is provided with a listing of employees who are in
support of the contract and if there's a majority then he would be more in favor to support
the contract.
He continued by saying that he initiated the union in the 1990's for the employees
because he felt they needed to have something to fall back on should anything happen to
them in the city government. He had even made comments over the years so that the
directors do not bust the union. At the beginning, the union started out with over 100
employees and now they don't even have 50 employees so something must be definitely
wrong. He suggested that the union get together with the employees and straighten this
issue out. In Mr. Moore mentioning the 3% increase to the employees that he is
proposing, he said that the 3% is to give the employees a raise because he feels that they
need an increase but it doesn't have anything to do with the contract.
Commissioner Johnson stated that she is very aware of contracts but she is under the
opinion if the 3% increase to all employees pass it is because the Commission feels it is
due diligence to the employees. In addition to that, if that many employees are at odds
with anyone negotiating for them then she too could not support the agreement because
the employees are the ones to drive the union in the City of Opa-locka.
She continued to request that Mr. Moore get with the employees because if there's a great
decrease in membership then something is wrong.
Mr. Moore advised that he has knowledge of the "no vote" Commissioner Holmes was
referencing; however, he has a list of the election that was held on February 23, 2010
with the members who voted for the contract which are about 25 employees. He said
there's another document after the "no vote" occurred based on the investigation
conducted by the city's Human Resources Department there are eight people on the list
who didn't vote on the contract. This is why AFSCME Council 79 ruled that election to
be improper and elected to conduct another election controlled by AFSCME.
Commissioner Johnson stated that the documentation doesn't tell her whether the
employee voted for or against it. She asked, what is the percentage that voted for the
union?
Mr. Moore stated that approximately 28 members voted at the February 23 election. He
said he wasn't trying to get the Commission to do any other thing than put it on the
agenda and vote it up or down.
Commissioner Johnson stated that in her opinion a computerized signature on a document
was not a legal document. She suggested that Mr. Moore met with the City Manager and
City Attorney to get some closure on this matter and have some sort of unity.
Commissioner Holmes stated that instead of the City Attorney and City Manager, Mr.
Moore needed to get with the union members to vote either yes or no for the contract and
then he could let the city know how many people voted for and against the union.
Regular Commission Meeting Minutes—04/28/2010 4
Mr. Moore stated that he is only there to request that the Commission consider the
contract and either vote it up or down.
Commissioner Holmes reiterated that Mr. Moore pass a slip out to the employees to see
who is for or against the union.
Mayor Kelley said that he stated six months ago because he knew they would get to this
due to the off and on challenges regarding unions versus what's happening in the city. It
is very clear that the Commission wants to make sure the employees are treated fairly
which is why his colleague has sponsored the legislation and Mr. Moore is requesting
that the Commission consider the contract if the employees are for it or not. He suggested
if Mr. Moore felt that the union membership has indicated to move forward then he can
send it back to the City Manager for placement on the agenda and the Commission would
deal with the issue at that time.
2. Johnnie Mae Greene of 2091 Wilmington Street, Opa-locka, Florida, appeared
before the City Commission and spoke in favor of the resolution to hire Joseph Geller as
City Attorney for the City of Opa-locka. She also spoke about the resolution relating to
the bond and suggested that it be tabled until the citizens had a chance to meet and
discuss the impact of such an item.
She congratulated the Commission for the butterfly garden, the multi-purpose building,
upgrade of the Helen L. Miller / Segal Park and the great job done on the alleys and
median strips.
In response to Ms. Greene's remarks concerning the Interim City Attorney,
Commissioner Holmes explained that there were two resolutions on the agenda; one for a
permanent position and the other for a six month extension. Upon resignation of the
previous city attorney, he said he sponsored a resolution for an in-house attorney
according to the Charter which was supported by his colleagues. Based on that resolution,
he sponsored the resolution for a six month extension for the City Attorney.
He continued by saying that the Commission now wants to go against the city's charter
and hire Mr. Geller as City Attorney. In order to address the charter, it must go out for a
referendum to allow the citizens to vote on it. However, in the meanwhile he doesn't feel
he could support the appointment of Mr. Geller as the City Attorney because of what's
provided for in the charter.
Ms. Greene stated that with Mr. Geller she sees more professionalism and accountability
and that's why she had come forward to express her opinion.
3. John Riley of 2963 NW 135th Street, Opa-locka, Florida, came forward and stated
with all due respect to what Commissioner Holmes has stated; however, he has to make
the record straight. In 1989 the Commission passed an amendment Section 38 of the
Charter by ordinance and in 1999, Felix Martinez and John Riley filed a lawsuit against
the City of Opa-locka for amending the charter by ordinance. The third District Court of
Appeals affirmed the lower courts decision that the charter has to be done referendum
and it cannot be done by ordinance and since the current Section 38 was done by
Regular Commission Meeting Minutes—04/28/2010 5
ordinance, it is invalid. The City of Opa-locka by its charter is not required to have a full
time attorney; but requires the city to have an attorney. The charter was first enacted in
1956 and later in 1959 was the current was for that particular charter. The only other
amendment by referendum was on February 5, 1985 and there has been no referendum on
Section 38 of the charter. The amendment done by Ordinance in 1989 is invalid.
He said he would hope to put this issue to rest so that he could stop hearing that the city
has to have an in-house attorney because that is not what the charter states. However, if
the Commission wants an in-house attorney then it needs to go back to the people, put it
out for referendum and let the people vote on it.
Commissioner Holmes stated that he has always said if anyone in this city knows the
charter, it's Mr. Riley. And Mr. Riley has heard the Commission on many occasions say
they are going to hire an attorney according to the charter. He suggested that Mr. Riley
not come to the meeting because of the person now sitting in the seat. Although he didn't
have a problem hiring Mr. Geller as a full time attorney, the Commission adopted a
resolution to go out for a search for an in-house City Attorney according to the charter
and that was based on the information over the years when they have hired and fired
attorneys. He stated to Mr. Riley that if he is such an expert on the charter, why wait until
now to bring the issue up instead of bringing it to the attention of the Commission months
or years ago.
Mr. Riley explained that he has had a resolution for the Commission to send Section 38
out for a referendum since 2000 and the Charter Review Board's last report asking for a
public hearing on those resolutions included Section 38. However the Commission wants
to go about this, there has been a court ruling and the Third District Court of Appeals has
affirmed it and it is now law. The code of the City of Opa-locka provides that it would
follow Article V of the Miami-Dade County code in order for it to amend the charter.
Article VI (11) of the Constitution of the State of Florida grants the power solely to the
Miami-Dade County Commission on how municipalities would amend their charter.
Commissioner Holmes stated that he didn't have a problem with a referendum to change
the charter. He suggested that Mr. Riley submit the information from the Charter Review
Board to the attorney; however, he would not sit there and vote for Mr. Geller as
permanent in-house attorney according to what has been done for the past years or how
the charter is set up now. In the meantime, he sponsored a resolution to extend his service
for six months and within those six months the city should be able to send it out for
referendum to be voted on by the citizens.
4. Ms. Mitchell of 14170 NW 22nd Place, Opa-locka, Florida, appeared before the
City Commission regarding a matter she brought before them in July 2009 relating to a
neighbor and now the situation has escalated. She expressed her concerns relating to the
police department, an officer, her brother being incarcerated and not being able to get a
copy of the police report.
Mayor Kelley stated that he sent this complaint over to the City Manager and the Opa-
locka Police Department because Ms. Mitchell had been before the Commission in the
past. He said he was disturbed with the fact that Ms. Mitchell had not received any
Regular Commission Meeting Minutes—04/28/2010 6
correspondence or communication from his understanding. After sending the information
to the City Manager, Ms. Mitchell just stated that she still had not received any
communication from the city and she should have received something by now.
He directed the City Manager to have personnel from the Opa-locka Police Department
resolve this issue before the evening was over. In moving forward the City Manager must
address, not just with police related issues, these same type of challenges with
communication back to citizens when they're either requesting or have a concern as to
how the city responds or does not respond to them.
Ms. Mitchell asked, what is the time frame for receiving a report after a case number is
issued?
Deputy Chief Adam Burton of the Opa-locka Police Department came forward and stated
that the time frame would depend on the type of case and whether it's still under
investigation. On this particular case, the Opa-locka Police Department is still looking at
it as far as what took place but he could get with the citizen after the meeting is over.
Mayor Kelley stated that he would like for the city to get the issue resolved but his
biggest concern at this moment is the communication of information so that the citizen
would know they have a level to know that the issue is being addressed.
Vice Mayor Taylor stated that the City Manager's Office has OCS to answer complaints.
She asked does the police department have anyone that can communicate in between
while the investigation is being completed?
Deputy Chief Burton stated that the lead investigator is the person who could speak to
that particular case.
Mayor Kelley directed the Deputy Chief to resolve this issue, provide a report to the City
Manager so that he can answer to the Commission.
5. Frank Hall of Fidelity Financial Services appeared before the City Commission
and provided clarification on the financial advisory services in which they have been
providing services to the city. Back in March 2006, Fidelity Financial Services entered
into an agreement with the city which provided for an initial term of three (3) years with
two (2) additional one year option to extend the contract. Since that time they have
provided services to the city and it is their opinion the renewal options are being
exercised by city staff and administration. The contract as presently written calls for a
written notice to be given in the case of termination; however, written notification is not
necessary in extending the contract. Fidelity Financial Services has been working and
providing service to the city under since March 2006. He said he was perplexed to see
agenda item 16-9 on the agenda which authorizes the City Manager to go out for an RFQ
to solicit the services of financial advisor.
6. Terence Pinder of 941 Ali-baba Avenue, Opa-locka, Florida, appeared before the
City Commission and stated that it was interesting Mr. Hall just left because he served at
that time and all contracts are passed by ordinance but he never remembered that.
Regular Commission Meeting Minutes—04/28/2010 7
He continued by piggybacking on Johnnie Greene's statement relating to the bond issue
in that the citizens are not getting the opportunity to get educated on this very important
item. He suggested that the city schedule a meeting to get the citizens involved. He
further recommended that the Commission go out for an RFQ for bond counsel.
12. ACTION ITEMS (items from consent agenda pull list):
16-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA TO AUTHORIZE A THREE PERCENT (3%) COST OF LIVING
INCREASE TO ALL CITY EMPLOYEES RETROACTIVE TO JANUARY 1, 2010 TO
BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EH-ECTIVE DATE.
Sponsored by T.H.
It was moved by Commissioner Tydus, seconded by Commissioner Johnson to pass the
above resolution.
In view of the fact that the city has the union contract pending, Commissioner Tydus
asked, how is the contract affected in the adoption of this resolution?
Attorney Geller stated that the resolution on its terms states "all city employees". It is
possible that the Commission, if that was his intent, could say that this applies to city
employees not governed by a union contract. If the intent of the union negotiations is to
give somebody a 3% raise then the city doesn't want to give the raise twice. If the
employees get the raise from this resolution then it would certainly affect what they
would do in terms of approving any contract with either group of union employees if
they're getting a raise as a result of this resolution unless it was the intent of the sponsor
to give a 3% here and a separate negotiated raise in the contract. The Commission can
approve this and either that can affect what they do in finalizing the negotiations with the
unions or they could give this raise and negotiate other raises in the contracts but it is the
pleasure of the Commission.
Commissioner Tydus stated that the Commission needs to understand all of the
ramifications.
Attorney Geller advised that if the Commission approves the resolution for all employees
then they certainly need to consider that they've have done this before approving any
union contract. This is not to say that the Commission cannot then approve a union
contract with other raises but on the other hand they can say they will not going to give
another raise in the union contract. Should the Commission adopt the resolution then they
need to at least consider this before adopting a union contract to determine whether this
raise is what they're planning on giving the union employees or whether they're planning
on giving them any additional raise but they can't give them less once they've adopted
this resolution.
Commissioner Tydus informed Attorney Geller that he clarified the important things they
need to consider before adopting this resolution. She said she is pro employees and the
Regular Commission Meeting Minutes—04/28/2010 8
majority of employees are hard working and deserve a cost of increase and merit increase
as well. She cautioned the Commission to consider everything that Attorney Geller has
stated and make those considerations clear in addressing this resolution.
She further asked, how would this increase affect the budget and is the city prepared at
this time?
From the discussion, Manager Patterson stated that there seems to be some internal
problems within the AFSCME union and he would like to point out that the city has all
but completed the PBA negotiations. The AFSCME contract is an internal dispute that as
City Manager he doesn't want to be drawn into that situation because it is limited within
that organization to resolve those differences. The Commission, in giving all employees
(union and non-union) an increase could set themselves up for unfair labor practice which
the city could be liable for. He advised that the Commission allow the city to move
forward with the negotiating process and allow him to bring it back for them to either
vote it up or down. He advised that he believes the city could wrap up the PBA
negotiations in another session.
He further stated that the city could deal with the impact of what's already been
negotiated with the union; however, anything over and beyond that the city is not
prepared for.
Commissioner Tydus stated that her main concern is the legal liabilities the city is faced
with; therefore, she cannot support this resolution at this time until there's conclusion
with the PBA and AFSMCE contracts.
Commissioner Johnson stated that if the Commission is going to look at the 3% for all
employees in this fiscal year then they must go back to October 1, 2009 and not January
2010.
She continued by asking whether the 3% is included in the current adopted budget?
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
3% is included in the proposed budget amendment but was not budgeted in the current
adopted budget. The city has always budgeted for a 3% increase for employees; however,
during the budget workshop and the preliminary discussions there was no cost of living
adjustment or merit increase considered.
Although there weren't any merit increase considered, Commissioner Johnson stated that
there also wasn't any consideration for the increases given, annual leave paid out, the
staff severance of $18,000.00 used and it also projected a $500,000.00 the city
anticipated getting from the bond but all that was straightened out. The city knew of all
the employees and they weren't going away during the year because the Commission
stated that there wouldn't be any terminations based on the budget. In looking back in
previous year's budget, an increase for the employees was always included and she
would like to know why it wasn't included in the current budget.
Regular Commission Meeting Minutes—04/28/2010 9
Dr. Orji advised that there was a workshop with the Commission and based on the
directives at the preparation of the budget staff presented a budget that didn't include a
cost of living adjustment which was approved.
Mayor Kelley recalled the workshop and stated that the main concern was making sure
none of the employees were laid off and one of the things the City Manager at that time
and the Finance Director stated that in order to make sure no employees were laid off, the
city couldn't do a cost of living increase; therefore, it wasn't included in the budget.
However, the Commission did say if the revenue projections got better then they would
include the cost of living increase which is being included with the budget amendments.
Commissioner Johnson stated that without having an approved contract, it needs to be
amended and it needs to specify that it's for this period. With the resolution being so
universal, the employees can come back after receiving the 3% and then come back
wanting an additional 3% as a part of the agreement when the city doesn't have the funds
for it.
Mayor Kelley stated that the City Manager indicated that he preferred not to do anything
because he is concerned about that same issue.
Vice Mayor Taylor stated that she was in favor of the employees getting a cost of living
raise; however, she understood what the City Attorney and City Manager stated in terms
of a potential problem prior to getting into an agreement with the two unions. She stated
that she was leaning toward the City Manager in foregoing the resolution for a minute.
She continued by asking where would the city get the money from if this resolution
passed since Dr. Orji has already indicated that the 3% was not included in this year's
budget.
Dr. Orji advised that the budget amendment discussed at the workshop would account for
the increase.
Vice Mayor Taylor asked, did the city account for the negotiations of the two unions
which are not complete?
Dr. Orji replied, yes, if the amendment is approved.
Vice Mayor Taylor reiterated that she is in agreement with the City Manager to wait until
everything comes back.
Although the 3% was not included in the budget, of concern to Commissioner Holmes
was the fact that there were a lot of individuals hired in the current budget as well as
those that received bonuses and increases. He stated that the 3% is to give the employees
an increase and has nothing to do with the unions. The Commission can use the 3% as a
bargaining tool for the employees because they would ultimately have to make that
decision and he won't vote on an additional 3% for the union employees knowing they
just approved a 3% for all employees.
Regular Commission Meeting Minutes—04/28/2010 10
He continued by saying that there's a problem between the employees and the union and
there is no telling as to when an agreement for a contract would be reached. The
resolution is not being based on the union contract but to provide the employees with
some type of relief and that is what the 3% increase in the resolution is all about. He said
he was not going against the City Attorney or City Manager but the Commission will
have to vote on the contract.
Mayor Kelley asked for clarification from the attorney in terms of passing this resolution
while the PBA negotiations are almost complete; therefore, the 3% increase would be on
top of whatever has already been negotiated.
Attorney Geller advised that it would be up to the Commission.
Mayor Kelley stated that if the Commission approves a 3% increase it's for all employees
and whatever the city negotiates this would be an addition to. Dr. Orji stated that the city
has sufficient funds to cover the increases.
Dr. Orji stated that the city has budgeted for the negotiations for PBA and the 3% in the
budget amendment. Should the 3% increase be approved for all employees then the city
would have to adjust whatever is being proposed to PBA by 3%.
Mayor Kelley stated that there is a potential for this to be higher and his question is
whether the city has the money for it?
Attorney Geller explained that Dr. Orji is not saying the city has the money to give PBA
3% plus what the city is negotiating. The other thing is that the city's step approach to
PBA actually might not result in all the officers receiving 3% because they are really
trying to target the most underpaid officers.
Mayor Kelley pointed out that if this resolution passes every employee would receive a
3% increase and his concern is whether the city has the funding in the budget amendment
to accommodate that. Dr. Orji has indicated that the funding is included in the budget
amendment; however, being in the workshop he can't recall that much being in there.
He continued by saying that Mr. Moore has been to several meetings where union issues
have come up and Mr. Moore has never appeared before the Commission until that day.
Mr. Moore was a about saying to either vote it up or down. Although he is not the
mediator or the City Attorney, but Mr. Moore is saying to the Commission that he is
coming before them to ask them to consider the union contract whether they vote for it or
not and then the City Manager mentioning the unfair labor practices has him wondering
what that's all about.
He further stated that this puts the Commission in an awkward position because if they
vote no it sends the message to employees that they are against giving them relief and if
they vote for it then the City Manager has stated that the city open themselves up to a
possible unfair labor practice. As far as he's concerned, the Commission is in a no win
situation because of what the City Manager has stated. He said he had no problems with
giving the employees relief and the Commission has been clear in the beginning of the
Regular Commission Meeting Minutes—04/28/2010 11
year that when the money got better they wanted to give the employees some relief; but
he is hearing these comments in terms of opening the city for legal issues. The city is not
in a win-win situation but it is what it is.
Commissioner Holmes explained that when the City Manager had the contract on the
agenda last month and the comment was made on that particular night as to the reason
why he pulled it; the same thing stated that night has been stated to Mr. Moore days
before he showed up to the meeting on that day. The reason Mr. Moore is present before
the Commission is because he asked him to come before them. He stood by his
suggestion to Mr. Moore to send the employees a letter to either vote for or against the
union and if the majority vote in favor then the City Manager could bring the item back
to the Commission.
He continued by saying he is tired of sitting up there debating to get the Commission to
try to understand the needs of the employees. If the city could hire all these extra people
giving them bonuses then they can give the employees a small increase in their salary. He
stated that he would continue his resolution to the next meeting to give the PBA and
AFSCME, which has nothing to do with his resolution, an opportunity to do whatever
they need to do.
He further continued the above resolution to the next meeting.
Commissioner Johnson stated that she didn't feel the resolution should be continued. The
City Attorney has heard the discussion from the Commission; therefore, he should
negotiate with both parties making sure the necessary language is in there. She was of the
opinion that the employees are appreciative of having a job but there are some who are
going through hardship and this increase may assist them. In addition, she wants to make
sure all employees are included because the last time the Commission went through this
the City Clerk, City Manager and City Attorney were left out. Once the Commission says
all employees she doesn't want anyone going behind her back and pulling it back because
they have the power to do.
She continued by saying that she is not taking her seconded on the motion back because
the City Attorney has heard the discussion.
Being in support of the resolution, Vice Mayor Taylor stated that she too wants all
employees to receive a cost of living increase; but she doesn't want to put the city in a
precarious situation where they are telling the union that this is it regardless of what is
said. She asked does the city have the leverage to do that?
Attorney Geller advised that he would have more leverage to approach the unions if the
resolution has not yet passed.
Commissioner Johnson stated to the City Attorney that if he didn't have the leverage
when he takes it to the union it has to come back to the Commission anyway.
Vice Mayor Taylor stated that the Commission in passing this must be aware of this
night.
Regular Commission Meeting Minutes—04/28/2010 12
Mayor Kelley clarified that if the Commission passes the 3% increase, the union has
asked to vote what is sent to them as the agreement and that is what the Commission
must be aware of. He made it clear that the Commission wants the employees to get paid;
however, no other city to his knowledge has kept all their employees but the City of Opa-
locka so it goes without saying that they are concerned about employees. The
Commission must be very clear because Commissioner Holmes made clear that it has
nothing to do with the union contract.
Commissioner Tydus withdrew her motion on the above resolution. It was moved by
Commissioner Holmes, seconded by Commissioner Johnson to pass the above resolution.
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
16-2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO APPOINT A CITY ATTORNEY; PROVIDING FOR
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. and M.T.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Commissioner Johnson advised that the city's original charter from 1956 specifies the
City Attorney must have at least five years of experience and does not have to reside in
the city. She made reference to the three recommendations from the Charter Review
Board to go out for a referendum and after reviewing all the information in the Charter it
was then that it weighed down on her that the City Attorney is a full time position and
must be accessible to the Commission. She said she supported the resolution for an in-
house attorney because she was under the impression the city needed an in-house
attorney but after conducting research the Charter doesn't specify that.
As stated earlier during the meeting, Commissioner Holmes stated that he does not have a
problem voting to make Mr. Geller a permanent City Attorney; however, he will not do it
at that time because since 1994 city attorneys had been hired according to the city's
charter. Of concern was the fact that the Commission passed the resolution for a search
for an in-house City Attorney and at that time there was no mention of it having to go out
for a referendum.
He continued by saying that he wants to make sure the Commission hires an in-house city
attorney Monday — Friday from 8:00 a.m. — 5:00 p.m. so that there is someone in the
office on a daily basis to handle all of the city's legal affairs. He said he could not support
Regular Commission Meeting Minutes—04/28/2010 13
the resolution to make Mr. Geller permanent; however, he will support the following
resolution on the agenda for a six month extension until the city can go out for a
referendum.
Commissioner Tydus stated that it had not been made clear to her the urgency for the
appointment of a permanent City Attorney when the Commission has not followed the
legislation previously adopted in receiving resumes to consider in their search for a City
Attorney of which Mr. Geller would have the opportunity to contend for as well. At the
last commission meeting, a directive was given to the City Manager to advertise to
receive resumes in the search for a City Attorney. She asked for an update on that
directive?
Manager Patterson stated that he is at the point of sending out the advertisement to all
publications previously used in the past search for City Attorney. He said he had been out
of town the past week and was going to advertise this following week.
Commissioner Tydus stated that she didn't see where that would be a task that would
take over two weeks to complete; however, she would accept the City Manager's
explanation. Nonetheless, to the sponsors, she asked what the urgency was for the
appointment and to not follow the process previously set?
Commissioner Johnson stated that she didn't have an urgency but after reviewing Article
V dealing with the City Attorney she now has a clear definition of what it states in
Section 8 of the Charter which reads as follows: The City Commission shall have the sole
power of appointment and removal of the City Attorney. This doesn't mean it has to be
posted. Although she voted in favor of the previous resolution to go out for a search, she
had since received more information and knowledge based on what the Charter actually
says versus what she was lead to believe and now she can make an affinitive decision
with no urgency. As a legislator she has the right to bring this resolution to the
Commission. She stated to Vice Mayor Taylor that she didn't even know she co-
sponsored the resolution. As with any resolution coming before the Commission, should
this pass or not pass then she assumed the other legislation is mute from that point on.
Commissioner Tydus stated that she could not support this resolution knowing that the
Commission has not carried out the initial legislation.
She continued by asking the City Attorney at what point is a co-sponsoring legal because
this can leave the perception that this resolution was sponsored out of the sunshine.
Attorney Geller advised that the perception would be incorrect because the Commission
has had co-sponsors even during the time he's been here on a number of issues. In this
particular case two different members of the Commission contacted him independently to
request the same resolution be sponsored. In preparing it and delivering it to the City
Clerk, he had the sponsor as each of the two who had contacted him independently to co-
sponsor because the subject matter was identical. This happened recently on a relief
resolution that was co-sponsored by the Mayor and Commissioner Holmes where two
individuals had the same issue. However, there was a separate case where there was a
difference on a second relief resolution and in that case they went forward with both.
Regular Commission Meeting Minutes—04/28/2010 14
Commissioner Tydus stated that this was clarification the Commission had to know
because she cannot deny the fact that the perception is here.
Attorney Geller clarified that whenever two commissioners contact the City Clerk, City
Attorney or City Manager and ask for something to be prepared, if it's identical then they
would be shown as co-sponsors. If there is a clarification, certainly as staff, they are
permitted to speak with the members of the Commission to clarify to see if it can go
forward in that fashion and that does not in any sense imply that those commissioners
have been in touch with each other or had any communication and a co-sponsorship is
certainly proper.
Commissioner Tydus said she was familiar with the fact that there has been occasion
where there was a matter discussed from the dais where two or more commissioners had
a common interest. In that open forum it was determined that at a subsequent meeting
there would be a resolution co-sponsored by those common interests; but that was in an
open quorum and setting such as this and it has never been presented out of an open
forum and that's why she needed the clarification.
Attorney Geller stated that there have been co-sponsors in the past just as long as the
commissioners don't speak with each other they are certainly permitted to communicate
what they want to staff such as himself or the City Clerk and if what they want is the
same then it's prepared to show that they're co-sponsors.
Commissioner Tydus asked if Attorney Geller would be the one to intermediate between
the two that this particular legislation was presented by a specific commissioner prior to
bringing it to his attention and he would give that individual the opportunity to want to
co-sponsor?
Attorney Geller said it didn't have to necessarily be him because the City Manager or the
City Clerk could get that same request and as far as one coming before the other, he asks
his assistant to prepare the legislation and he doesn't specify an order.
Commissioner Tydus said two commissioners may want the same thing; however, it may
not be the same conditions or provisions.
Attorney Geller advised Commissioner Tydus that she was correct and in fact with the
Haiti relief resolution there was some difference and that one went forward with two
independent sponsors.
With regards to the directive given at the last meeting by Commissioner Tydus to
advertise for the City Attorney, Commissioner Holmes said according to the charter it
takes three members of the City Commission to direct the City Manager to do something
in the form of a resolution. Therefore, he told the City Manager to hold off on the request
from Commissioner Tydus because he wanted to place a resolution on the agenda at this
meeting to extend the services of the Interim City Attorney for six months.
Regular Commission Meeting Minutes—04/28/2010 15
Commissioner Tydus said that the Commission is confronted again with selective service
and she would leave it as that because the record speaks for itself. There have been
several directives given to the administration at that meeting which did not require or was
a vote of the Commission taken; but she would keep it as a matter of record from this day
forward that each and every time a directive is given to any staff they would make
reference to there must be a vote.
Commissioner Holmes stated to Commissioner Tydus that it didn't mean the City
Manager could not follow the directive if the request is given to him. His statement was
to let her know that the only reason the City Manager held off on the directive to go out
for a search of an in-house attorney was because he asked the City Manager to wait so
that he could place the resolution for the extension on the agenda. However, the charter
states it takes the majority of Commission members to tell the City Manager what to do;
but they have not been following that procedure.
Mayor Kelley advised the City Manager that when this Commission passes legislation it
is for him to follow through on it in a reasonable time. After hearing the City Manager's
explanation to Commissioner Tydus regarding her directive and Commissioner Holmes
clarified it. When the Commission passes legislation, it is incumbent upon the City
Manager to follow through on it. He said when citizens come before the Commission and
he gives a directive to the City Manager to provide a report to the Commission that is a
directive he expects as the chair to be carried out because what he is asking for will go to
them collectively.
He further asked, what is the term for the City Attorney because the resolution didn't
address that?
Attorney Geller advised that the charter states "at the pleasure of the Commission".
Mayor Kelley asked, was the sponsors intent to include a term or to leave it open?
Vice Mayor Taylor replied, no.
There being no further discussion, the motion passed by a 3-2 vote.
Commissioner Tydus No
Vice Mayor Taylor Yes
Commissioner Holmes No
Commissioner Johnson Yes
Mayor Kelley Yes
Commissioner Tydus left the meeting at 9:35 p.m.
16-4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO DIRECT THE MANAGER TO FREEZE ALL NON-
ESSENTIAL SPENDING AS OF MID APRIL IN ANTICIPATION OF LOWER
REVENUE COLLECTIONS IN THE COMING FISCAL YEAR; PROVIDING FOR
Regular Commission Meeting Minutes—04/28/2010 16
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by D.J.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Mayor Kelley to pass the above
resolution.
Since the last meeting, Commissioner Johnson stated that hopefully the Commission had
the opportunity to review the attachment supporting the resolution; but because the cost
saving measurement there must be a process in place to make sure there is revenue to
support what is being done. She informed the Commission that she took the police
department and the gasoline out.
Mayor Kelley stated that he was hoping the sponsor deferred the resolution because he
didn't have the chance to speak to the City Manager on the specifics and he did notice the
resolution addressed cellular phones for the City Manager and Assistant City Manager;
however, he doesn't know who it applies to. In addition to that he agreed with the
gasoline but the Commission had instructed the Public Works Department to come up
with a plan or structure on the usage and decrease of gasoline and he had not received
that information.
He continued by saying that he hopes the Commission gets all of those items addressed
before the next meeting. For the record, he directed the City Attorney to make sure when
the resolution comes back that he's the original sponsor of the resolution.
The motion and seconded were withdrawn.
Commissioner Johnson deferred the above resolution to the next regular meeting and
stated that she would like to be listed as the co-sponsor.
16-5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, FINDING THE NEED FOR A COMMUNITY
REDEVELOPMENT AGENCY; DIRECTING THE INITIATION AND
PREPARATION OF A REDEVELOPMENT PLAN; FURTHER AUTHORIZING THE
CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATION SEEKING
CONSULTING SERVICES TO DEVELOP A MASTER PLAN FOR THE
GEOGRAPHIC LOCATION WITHIN THE CITY BOUNDARIES WHERE
COMMUNITY REDEVELOPMENT WILL TAKE PLACE; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by D.J.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, (Mayor Kelley passed the gavel to Vice Mayor
Taylor) seconded by Mayor Kelley to pass the above resolution.
Regular Commission Meeting Minutes—04/28/2010 17
Commissioner Johnson asked for a legal opinion on a no bid contract that doesn't have a
dollar amount?
Attorney Geller advised that a no bid contract without a dollar amount is invalid.
Commissioner Johnson stated that the Commission already has a rebidding contract
management team that is in a non-competitive way; therefore, she is concerned about
giving out a contract.
Attorney Geller explained that the Commission previously had an RFQ and made a
selection. Pursuant to the selection, the individual selected would have a contract which
was negotiated for a dollar amount to do the finding of need. It further said that the same
company would be going forward to do Phase II subject to negotiating a contract with the
dollar amount but there was a qualifier; it said "subject to Commission approval". The
City Commission therefore has to make the decision and it is not a decision the
administration could make. The City Commission could direct the City Manager to
negotiate only with one party or they could issue an RFQ to receive multiple proposals
going through the normal process.
Commissioner Johnson stated that the Commission does the selecting not staff. She said
that the previous legislation presented to them didn't have the verbiage in it and it
appears that what normally comes in front of the Commission is revised once it goes to
the contracting process. This is the reason she wants all contracts to come back before
them because she had witnessed on many occasions that the contracts are being revised
after it has been presented to the Commission.
Mayor Kelley stated if it is the desire of the Commission for an RFQ then that's fine;
however, when he pulled the resolution on this item it read for the finding and
redevelopment plan. In reviewing the minutes, if he was bidding on this, to him he was
bidding on both. The minutes from that meeting (September 23, 2009) is clear on page 12
that if he was a business person he would interpret that he would be doing the finding and
the plan. However, if the Commission wants to come back and say to the City Manager
that they want to approve that separate contract then he would be in favor of that. He said
he doesn't want when companies come before the Commission and they bid on a process
that they believe is for both pieces as in this case and that it is separated or changed in
mid stream.
He continued by saying that Mr. Carras presented the finding to the Commission and the
company had initially done good work; therefore, in looking at this he doesn't think this
could be interpreted as a no bid because it was very open in the process. He said he
would be in favor of having the contract negotiated by the City Manager with the current
company and brought back to the Commission.
Commissioner Johnson stated that her intent was to not have this issue lingering without
some action. She directed the City Attorney to provide the language for the amendment
to the above resolution.
Regular Commission Meeting Minutes—04/28/2010 18
Attorney Geller read the amendment as follows: (Title of the resolution) Further
authorizing the City Manager to negotiate a contract with Carras Community Investment
for consulting services to develop a master plan for the geographic location within the
city boundaries where community redevelopment will take plan subject to City
Commission Approval. (Section 2) Further authorizing the City Manager to negotiate a
contract with Carras Community Investment for consulting services to develop a business
plan for the geographic location. The City Commission shall review and approve the
proposed contract to develop the master plan and shall determine the terms and
conditions of the services to be provided.
Mayor Kelley said that normally he wouldn't allow all those changes but he would like to
do this to allow staff to negotiate and get it back to the Commission for final approval.
Commissioner Johnson clarified that a resolution is only good for one year; therefore, it
is time sensitive and it needs to be specified.
Attorney Geller said he would make sure that goes into the contract.
There being no further discussion, the amendment passed by a 4-0 vote.
Commissioner Tydus Not present
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
Vice Mayor Taylor Yes
There being no further discussion, the motion on the resolution passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Not present
Mayor Kelley Yes
Vice Mayor Taylor Yes
Vice Mayor Taylor relinquished the gavel to Mayor Kelley.
16-7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO REFINANCE THE
CITY'S SERIES 1994 CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS
AS SERIES 2010 BONDS AND TO ISSUE SERIES 2010A BONDS; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Based on the concerns from the citizens, Commissioner Johnson asked that the City
Manager defer the resolution to allow for citizen participation.
Regular Commission Meeting Minutes—04/28/2010 19
Vice Mayor Taylor asked, is this item time sensitive?
Manager Patterson stated that this item is time sensitive but not that timely.
Vice Mayor Taylor agreed that the city should allow for citizen participation.
Mayor Kelley suggested that the City Manager defer the above resolution and the other
resolutions on the agenda relating to the same issue until after hearing from the citizens.
Commissioner Holmes suggested that the Commission keep in mind the window for the
interest rate.
Attorney Geller advised the Commission that the above resolution does not issue bonds
because they need an ordinance to issue bonds which must go through two readings. The
only effect of the resolution is to permit the City Manager to move forward and whether
the Commission defers this resolution and the other then he suggested that they keep in
mind the window of advertising on the other two resolutions. The process is that the
Commission has to pass a resolution for the City Manager to develop a plan and bring it
to them; however, ultimately prior to moving forward on these bonds they would have to
adopt an ordinance through two readings.
Vice Mayor Taylor stated to the City Attorney that the resolution is authorizing the City
Manager to refinance the bonds and it does not say to permit the City Manager to move
forward with the process. She asked if an ordinance needed to refinance a bond?
Attorney Geller replied, yes.
Vice Mayor Taylor said if an ordinance is needed to refinance a bond then this resolution
is invalid because it's directing the City Manager to refinance the bond.
Attorney Geller clarified that sometimes everything is not in the title; however, Section 2
of the resolution reads: upon terms to be approved by the City Commission. He added
that the City Commission can only approve those terms by ordinance and perhaps that
language could have been included in the resolution. The City Manager cannot issue or
refinance bonds; only the Commission has that power by ordinance. The resolution is to
allow the City Manager to move forward with the process and bring an ordinance to the
Commission at some point when they have selected bond counsel and a financial advisor.
Mayor Kelley asked, does the Commission have time to schedule a meeting for citizen
participation?
Manager Patterson replied yes because he didn't feel as if the market would change
drastically.
Mayor Kelley directed the City Clerk to find a date to schedule a Town Hall Meeting on
the bond issue.
Regular Commission Meeting Minutes—04/28/2010 20
Manager Patterson suggested that the Commission move forward with the other two
related resolutions due to time constraints.
The motion and seconded on the above resolution were withdrawn. The resolution was
deferred to allow for a Town Hall Meeting regarding bond refinancing for citizen
participation and would be brought back at a later date.
16-8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ADVERTISE A
REQUEST FOR QUALIFICATIONS (RFQ) FOR BOND COUNSEL TO OBTAIN
LEGAL GUIDANCE FOR THE REFINANCING OF THE SERIES 1994 REVENUE
BONDS AS SERIES 2010 BONDS AND ISSUANCE OF SERIES 2010A BONDS;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Although staff had contacted Fidelity Financial Services to work on several items, Mayor
Kelley asked, was it clear to them that the City Manager was moving forth and will no
longer do an agreement?
After reading the contract, Manager Patterson said he is of the opinion that it is no longer
valid and that is the reason for this resolution. However, he subsequently understood
Fidelity has been doing some work for the city since that contract expired.
Mayor Kelley stated that he didn't have a problem with going out for an RFQ and Mr.
Hall has the right to apply but when the city has people doing work, once this agreement
was finished staff continued to use the service instead of bringing it back. This goes back
to what he stated with Carras and others as to why people may not want to do business
with the city because they are left out. He said if Fidelity Financial Services has done
work which the city could substantiate then the City Manager must make sure they get
paid for that work.
He continued by saying that his preference would have been to keep Fidelity Financial
Services; however, if the Commission wants to go out then that's fine.
In going out for an RFQ, Vice Mayor Taylor asked if it is possible the city could get
more than the $500,000.00. She suggested that the City Manager keep that in mind
because of the capital improvement and she knows the city has said $500,000.00;
however, that amount may have been with dealing with one person.
In going back over a year ago, Mayor Kelley said he asked the previous City Manager
and the Finance Director to look at creative ways of financing and what he said to the
City Manager and to Mr. Hall in the past is that $500,000.00 is not etched in stone
because he wants to get more than that. That amount was a projection to finish the park
Regular Commission Meeting Minutes—04/28/2010 21
but he has always been under the opinion of trying to get more. His main concern was
trying to find revenue to deal with the infrastructure and he is hoping on trying to get
more out of the refinancing.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Taylor Yes
Commissioner Johnson Yes
Mayor Kelley Yes
16-9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ADVERTISE A
REQUEST FOR QUALIFICATION (RFQ) FOR A FINANCIAL ADVISOR TO
OBTAIN FINANCING GUIDANCE FOR THE REFINANCING OF THE SERIES 1994
REVENUE REFUNDING BONDS AS SERIES 2010 BONDS AND THE ISSUANCE
OF SERIES 2010A BONDS. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Commissioner Johnson reiterated that a resolution is only good for one year and she
would like the City Attorney to specify that it is for one year only.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Tydus Not present
Commissioner Johnson Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
16-11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO DIRECT AND AUTHORIZE THE CITY MANAGER TO
ACCEPT THE GRANT FROM THE SOUTH FLORIDA WORKFORCE
INVESTMENT BOARD (SFWIB), FLORIDA BACK-TO-WORK SUBSIDIZED
EMPLOYMENT PROGRAM CONTRACT TO PROVIDE EMPLOYMENT FOR
INDIVIDUALS WHO ARE ELIGIBLE UNDER THE TEMPORARY ASSISTANCE
FOR NEEDY FAMILY (TANF) GUIDELINES, IN THE AMOUNT OF ONE
HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED NINETY SEVEN
DOLLARS AND EIGHTY-EIGHT CENTS ($184,697.88); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
Regular Commission Meeting Minutes—04/28/2010 22
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Commissioner Johnson stated that in the detail of the resolution it stated there was 13
positions not 7 positions allotted making it appear as though there was a revision.
Secondly, she asked, why is this resolution just now coming before the Commission
when the start date was April 16, 2010 and how would that affect the program and money
for the 22 weeks ending September 30, 2010?
Manager Patterson stated that the city received the information on April 15, 2010 and the
Human Resources Department is currently refereeing individuals to the three different
locations in Hialeah Gardens and Hialeah.
Commissioner Johnson asked, are there 13 positions?
Manager Patterson replied, yes. He said most of the jobs were in the Public Works
Department.
Guithele Ruiz-Nicolas, Human Resources Director for the City of Opa-locka came
forward and stated that the grant is for a six month period ending September 30, 2010.
The positions are for the City of Opa-locka; however, because of the criteria for this
particular grant, the individuals must be pre-approved by the South Florida Workforce.
Those individuals then get a referral, come to the city's Human Resources Department
and completes the application and from there the city completes the interview and
selection process.
Commissioner Johnson stated that she wants to make sure the city is targeting Opa-locka
residents for the employment. She further spoke about the importance in terms of the
recruitment and promotions of these positions and making sure the individuals are
actually residents of Opa-locka and not of the zip code 33054.
Mayor Kelley stated that in hiring the 13 individuals, if all are not Opa-locka residents
then there should be a good reason why.
Mrs. Ruiz-Nicolas stated that the desired Opa-locka residency is in all of the job postings
and in most of the positions the city will find residents of Opa-locka; however, there are a
couple of technical positions they may have to broaden the base of applicants.
There being no further discussion, the motion passed by a 4-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Not present
Mayor Kelley Yes
13. NEW ITEMS:
Regular Commission Meeting Minutes—04/28/2010 23
14. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
15. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
B. SECOND READING/PUBLIC HEARING:
C. RESOLUTION(S):
16. ADMINISTRATION:
CONSENT AGENDA:
A. CITY MANAGER'S REPORT:
Manager Patterson reported his attendance at the National Forum for Black Public
Administrators in Greenberg, North Carolina and times are not getting better for cities
around the country which will have to learn to do more with less.
He thanked Commissioner Johnson for the going green proposal presented which is
taking place all around the country.
Vice Mayor Taylor directed the City Manager to pick out the top ten dump spots
throughout the city to use those sites to beautify those sites with plants, etc.
She requested that the City Manager provide the Commission with a report on the
amnesty program which was introduced in 2009; provide a report as to whether all city
vendors have updated contracts and are those contracts in a centralized location; and
include in the upcoming budget a lift for the Public Works garage.
With regards to her directive to clean the drains, Vice Mayor Taylor said the City
Manager's response was that the drains are cleaned on an as needed basis. However,
because hurricane season is approaching, the city cannot clean the drains as needed due
to the poor infrastructure. She said all drains must be cleaned particularly in the area of
homes due to the flooding. Additionally, behind the gardens apartments there's a puddle
of water that stays there all of the time which produces mosquitoes and a potential for
health hazard.
She further directive the City Manager to address the water plant site by erecting a
temporary construction fence on the corner of Codadad and Burlington due to the
potential risk of someone getting hurt. The City Manager's response to her directive at
the last meeting regarding this same request was that the people would erect a fence once
Regular Commission Meeting Minutes—04/28/2010 24
they are finished; however, that would be too late. In addition to that, the Commission
must see the end results when finished.
Vice Mayor Taylor stated that she was told NW 131st Street was not a part of the CRA
and therefore she would like the City Manager to take another look at that because those
residents need a relief in that area from the flooding.
Mayor Kelley stated that someone put up caution tape at the water plant site and he is not
sure if the city or the contractor did that because he had sent an email regarding the same
thing.
Daniel Abia, Public Works Director for the City of Opa-locka said that the contractor put
up the yellow tape.
Mayor Kelley said the bottom line is that the city settled for caution tape when the
directive was for a fence.
In terms of the flooding, he said that the Deputy Chief remembers this because when the
gun bounty was held that area was flooded then and he brought it to the attention of
Public Works and Community Development. At that time it was stated that they would
pump it out because there was no where for the water to drain out. The Vice Mayor is
saying that the water is still there so it wasn't pumped out or drained out since then.
Commissioner Holmes directed the City Manager to include the saggy pants ordinance as
a part of the rental application for city facilities. In addition to that, the police department
must enforce the ordinance.
He continued by requesting that the City Manager address the dirt bikes and jet skis over
near Wilmington Street(canal).
He directed the City Manager to have Code Enforcement make an effort in tracking the
dead chickens showing up on the streets near Robert B. Ingram Elementary School.
He further stated that when the ordinance for the consumption of water was increased to
8,000 gallons to give the residents a relief in their utility bill the overall discussion at that
time was that the consumption could be increased to at least 11,000 gallons without it
really affecting the city. Because there are still many complaints relating to high water
bills, he directed the City Manager to look into increasing the consumption by 2,000
gallons without increasing the current rate. Additionally, he asked the City Manager to
look into whether there is money in the budget for additional vehicles and provide
between now and the next meeting. If so, then he would like to see a resolution to
purchase additional police vehicles.
Commissioner Holmes commended Starex Smith for taking care of the broken fence at
the entrance of Ingram Park immediately after it was brought to his attention. Also, the
city is doing a great job with Segal Park and now he is waiting for the construction to
start at Sherbondy Park. He directed the City Manager to make sure the electricity is
Regular Commission Meeting Minutes—04/28/2010 25
installed in the trailers at Sherbondy Park so the Parks Department would be able to move
out of the building into the trailers.
Previously Commissioner Johnson gave a directive to the City Manager to prepare a
letter to send to Miami-Dade County regarding the opening of the library on Fridays
versus Saturdays; however, she has yet to receive a copy of the letter.
Manager Patterson advised that he would provide Commissioner Johnson with the
information he had.
Commissioner Johnson said she was pleased with the outcome of the Welcome Kit
although there are quite a few changes from what she previously started off with and the
font size must be improved. She suggested that the City Commission provide their input
on the Welcome Kit in order to get a finished item by June or July. Also, she requested
that the IT Department work on a CD of the Welcome Kit in addition to posting it up on
the city's website.
She continued by stating to the City Manager that she noticed in the booklet provided to
the Commission that there's outstanding debt owed to the city in the amount of 1.9
Million Dollars. She recalled a resolution adopted several years ago for a collection
agency would collect the debt on behalf of the city earning a certain percentage of the
money collected. She directed the City Manager to get a copy of that resolution and
follow up on it.
She further expressed her concerns relating to the city's expenditure of$18,256.59 in the
month of March for staffing services and the city's payment to Direct TV. Although the
monthly payment is $89.00 she suggested that this is looked into because the city has
Comcast. Additionally, she would like to know who in the city is receiving Direct TV.
With regards to the allegations of retaliation against those individuals who make
complaints through the Code Enforcement Department, Commissioner Johnson said this
should not be occurring and the Whistle Blower's Act applies to everyone.
In looking at the businesses throughout the city, she suggested that Code Enforcement
enforce the ordinance so that the buildings are beautified; however, the city must first
take care of their own property.
She stated that she is concerned about going green because the environment is very
important. The Commission has been talking about going green for three years now and
she has yet to see a workshop. In going green, if the city is going to have a paperless
operation there aren't any recycling bins in the city offices. She directed the City
Manager to make sure all city offices have recycling bins.
She further directed the City Attorney to prepare a resolution prohibiting smoking in city
vehicles.
Commissioner Johnson directed the City Manager to properly close up the former Office
of the City Clerk/ City Commission offices at Historic City Hall to prevent from having
Regular Commission Meeting Minutes—04/28/2010 26
mold build up due to the lack of air in those offices. She stated that the Office of
Community Services, CET and Weed & Seed Team must get more involved by providing
technical support to citizens and this information must reach the citizens so that they
know the services are available.
She continued by saying that the city must tell it's own story in terms of everything that's
going on and sometimes they don't do a very good job although she is very grateful of
the community view.
Commissioner Holmes thanked the City Manager for the cross walk on Fisherman Street.
In terms of the Welcome Kit, he said prior to the pull your pants up signage being
knocked down at the corner of NW 151St Street and NW 27`h Avenue that was a beautiful
site coming into Opa-locka along with the city's Welcome to Opa-locka sign. This could
have been utilized on the front of the Welcome Kit.
Commissioner Johnson expressed her concern about the "no trespassing" signage in the
parking lot of the State building although the City of Opa-locka gave them the property.
Because the city employees park in that parking lot city staff needs to speak with the
administrators for the property to inform them of the history of that property.
Mayor Kelley said he didn't even like the sign because the city gave that property to the
state. He directed the City Manager to contact the person responsible and if they want to
put a sign with a caveat to include city employees and anyone coming to the city offices.
He said he didn't like that tone or connotation of no trespassing as it relates to folks who
work with the city considering the city gave them the property and there's nothing in that
agreement indicating city employees can't park in their parking lot.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
Commission was provided with all the finance reports in the booklet. As it relates to the
1.9 Million Dollars in outstanding bills, he said approximately 1.7 Million of that are
current within the 30 days; however, they have a problem with being one month behind.
He proudly announced that for four consecutive years the City of Opa-locka has received
the Distinguished Budget Presentation Award from GFOA for the 2009 Budget.
Commissioner Johnson stated that although the 1.9 Million Dollars is in outstanding bills,
if someone owes the city for water and they continue to provide the water then would will
the bill be paid off.
Dr. Orji advised that the customers are paying towards their outstanding bills.
17. OFFICIAL BOARD REPORTS:
18. CITY ATTORNEY'S REPORT:
Regular Commission Meeting Minutes—04/28/2010 27
Attorney Geller reported that the city got the contractor to build a green silver certified
LEED building and one consequence of that as the Commission is aware for a number of
reasons not using the previous architectural and engineering firms that originally
designed the plans, the city did put out for a construction management but currently
there's not a architectural and engineering firm. There are some minor design changes
required by switching the building over to green and silver. The city has received from
the construction company a proposed change order where they say they would undertake
to do the additional design work and not increase the overall amount of the contract. He
said there is a $75,000.00 allowance in the existing amount which is for miscellaneous
and it was proposed to the city that the contractor would do the additional design work
necessary as design build to do the changes necessary for it to be a green building silver
LEED certified. Although this is a very interesting proposal, it would mean that the work
can get done quickly and it would not cost the city any money beyond that what has been
already budgeted. He said he would be discussion this issue with the City Manager but he
wants to make sure the Commission is fully aware of this to get their input before moving
forward with it.
Commissioner Johnson suggested that this come back in legislation format so that the
Commission can be clear.
Attorney Geller advised that under no circumstances is the administration or the attorney
going to make the decision about that amount of money; however, this is not increasing
what the city has budgeted.
Commissioner Holmes stated that CBHC, LLC indicated that they would continue to do
whatever needed to be done with no additional cost to the city. If the contractor is willing
to do the work at not cost to the city then the City Attorney should get that in writing and
move forward.
Attorney Geller explained that when the contractor stated "no cost" what they meant was
within the same budget; however, it states that the $75,000.00 allowance which is for
miscellaneous and if there is no miscellaneous then the city gets to keep the money. He
said this is not increasing the budget but it's not free and it also seems to be probably
cheaper and definitely quicker than anything else the city could do. Ultimately because
this is a change, he would bring it back to the Commission; however, in the meantime he
wants their input.
In the discussion with the representative of CBHC, LLC, Commissioner Holmes said
there was no mention of miscellaneous; however, he saw in writing that the contractor
would complete the work at no cost to the city.
Attorney Geller agreed to stop by Commissioner Holmes office the following day to
show him where it talks about miscellaneous in the contract.
Commissioner Holmes directed the City Attorney to stay on top of this issue and move
on it.
Regular Commission Meeting Minutes—04/28/2010 28
Attorney Geller reported on the three litigation cases dealing with a public records matter
and the other two against and by the Flea Market.
He continued by saying he would have the legislation prohibiting smoking in city
vehicles at the next regular meeting. Also, in terms of the Senior Discount Drug Program
Commissioner Johnson indicated that is something the City of Miami Gardens does and
he is reaching out to Miami Gardens to have that for the next meeting.
With regards to the hiring incentives given to police officers and because the city is
concluding the PBA negotiation process they may be in position where it's possible for
the Chief and Deputy Chief to bring in additional officers. One of the things they are
working on specifically is going to be to include if there is any decision to go ahead with
hiring incentives to make sure it is structured where the money is not given all upfront.
This may make the hiring incentive a little less attractive because it won't be up front like
a signing bonus. He asked that the Commission give their input on that if any.
He further said he had some thoughts on the Code Enforcement retaliation issue in terms
of moving forward; however, he would like to know if there's any particular information
the citizens brought to Commissioner Johnson then it would help in designing something
to move forward on that.
Attorney Geller stated that he believes he could bring both union negotiations to a
conclusion in the upcoming future.
He reported on a claim against the city during the time of financial emergency where the
city apparently neglected to pay some contributions to the FRS for two employees over a
period of time (Helen Storr and Jannie R. Beverly). The State of Florida was billing the
city for those two individuals going back into the 90's and for two other employees that
were more recent seeking a sum in excess of $411,000.00 from the city. He said his
colleague William Kramer went after the state about the fact that if this mistake occurred
during the period of the financial oversight board then how could the mistake be laid
entirely at the feet of the city. The state has agreed to take $15,000.00 instead of
$411,000.00. He thanked Dr. Orji and staff for providing the back up on this case.
He further stated that he had a good meeting with former Mayor John Riley and the City
Clerk to go over several personnel issues and he doesn't believe the Commission will
have to go the route of a Board of Inquiry now that the City Manager is back.
Attorney Geller stated that he is still working on the report for the Georgia Ayers
property; however, that property was deeded to Georgia Ayers in 1995 by a private
corporation, not by Miami-Dade County or the city. Further back in may have been
owned by somebody but he is still researching that issue.
He continued by saying that he is working on a new piece of legislation with his
colleague to give greater dignity and a super priority so that in some of the foreclosures
cases the city may be in a position to collect on at least some of the liens imposed by
Code Enforcement.
Regular Commission Meeting Minutes—04/28/2010 29
Mayor Kelley stated that as the mayor he always received the foreclosure notice and the
city always seems to be at the bottom of the list for liens and he was going to ask the City
Attorney to come up with legislation as just stated to strengthen in order to collect. He
directed the City Attorney to continuing working on that legislation.
Commissioner Johnson directed the City Attorney to bring back the information
requested by Commissioner Holmes at a previous meeting relating to insurance.
Attorney Geller advised that the item would have to go as a referendum item.
Commissioner Johnson suggested that a workshop is held to discuss this item.
She continued by saying that in speaking with the City Clerk it appears the Commission
voted to give her compensation and somehow after the meeting she received the
compensation but then it was taken away. She said she didn't want staff superseding
anything voted on by the Commission. The City Commission is the supervisors for the
City Clerk, City Attorney and City Manager and the matter should be taken up with them
and not anyone else.
Commissioner Holmes explained that his "no" vote on appointing Mr. Geller as City
Attorney was not against him but it is against what's in the charter which needs to be
addressed by referendum.
Mayor Kelley informed the City Attorney that he would like to sponsor the resolution
dealing with the liens.
19. CITY CLERK'S REPORT:
Clerk Irby read into the record a thank you card sent to Mayor Kelley from Mary Alice
Brown and husband for honoring her during the Women's History Celebration.
She provided an update on the return rate for the Census 2010.
Mayor Kelley commended the City Clerk on the Census 2010.
20. MAYOR/COMMISSION REPORT:
Vice Mayor Taylor stated that she noticed on the Habitat for Humanity application
there's a line for every area except Opa-locka and if that's a part of the revitalization then
that line should be included in that application.
She apologized for not being a part of the Butterfly Garden Ceremony but she was
concerned about the fact that the plaque did not include the Commission and she doesn't
know who did that unless that one individual paid for that entire area. She said she didn't
mind the sponsor but the Commission voted on the community garden and she had a vote
in that. When the Commission votes on certain items, they become a part of it and their
name should be mentioned.
Regular Commission Meeting Minutes—04/28/2010 30
She further stated that the meetings are too long and she doesn't know how that can be
fixed but of course the Commission goes into discussion perhaps taking a look at the
number of items on the agenda. She asked that the Commission or whomever sets the
agenda that they break the agenda down and have some mercy.
Mayor Kelley stated that one of the reasons the Commission went into the Consent
Agenda was to shorten it but what is occurring is that they are pulling items from the
Consent Agenda that's dragging it out. He asked the City Attorney perhaps he forgot on
putting a time limit on the Commission; however, he hasn't figured out how he would
structure it. The only thing the Commission can't control is Citizens' Forum but the
longest part is when the Commission gets into discussion and/or asking the City Manger
questions. However, he has contemplated putting a time limit on the Commission but he
has not put any legislation forth.
Commissioner Johnson reported her attendance the Town Hall Meeting, Butterfly
Dedication, the Parks & Recreation Parents Meeting, monthly Community Action
Agency Board Meeting and the Community Barbeque at Nathan B. Young Elementary.
In addition to that she hosted the University of Miami Mobile Health Unit; however, the
city will have to promote it more the next time.
Mayor Kelley reported his attendance at the Town Hall Meeting and said he was hopeful
to get a demolition date for those HUD properties. He is still working on the challenge
with the Cuyahoga property on Wilmington Street with the proposed new owners and the
possible Brownfield dollars.
In addition to that, he attended the Mayor's Softball Challenge, Relay for Life Event, and
the Faith Based Initiative Meeting.
He announced the activities scheduled for National Day of Prayer on May 6, 2010.
He further stated that he had the opportunity to attend the homegoing of Major Everett of
the Opa-locka Police Department.
Mayor Kelley announced groundbreaking for Sherbondy Village which would take place
on Thursday, April 29, 2010.
21. OFFICIAL BOARD APPOINTMENTS:
Mayor Kelley asked the City Attorney if there's anything prohibiting Karen Jackson from
serving on the Housing Authority due to being a board member of the city's Personnel
Board.
Attorney Geller advised that there is nothing that would prohibit her from serving on both
boards.
Mayor Kelley appointed Karen Jackson, Johnnie Mae Greene and Luvenia Spears to the
Housing Authority.
Regular Commission Meeting Minutes—04/28/2010 31
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor approving the
Mayor's appointments of Karen Jackson, Johnnie Mae Greene and Luvenia Spears to the
Housing Authority.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Not present
Vice Mayor Taylor Yes
Mayor Kelley Yes
Mayor Kelley suggested that Commissioner Johnson get with the City Clerk to come up
with a date for a formal meeting on going green.
22. 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
11:06 p.m.
AYOR
ATTEST:
CIT CLERK
Regular Commission Meeting Minutes—04/28/2010 32