HomeMy Public PortalAbout05- May 12, 2010 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
May 12,2010
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 7:02 p.m. 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, City Attorney Joseph L. 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):
Commissioner Johnson pulled agenda items 16-2, 16-3, 16-4, 16-5, 16-6 and Vice Mayor
Taylor pulled agenda items 16-7 off of the Consent Agenda (these items would be
discussed separately under agenda item 12—New Items).
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve
the agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 5-0 vote.
Regular Commission Meeting Agenda—05/12/2010 1
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting—04/28/2010
It was moved by Commissioner Holmes, seconded by Vice Mayor Taylor to approve the
minutes of the Regular Commission Meeting of April 28, 2010.
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
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner, Community Liaison for the office of Miami-Dade County Commissioner
Barbara Jordan, District 1, came forward and provided a brief update on the two buses
being donated to the city for the seniors. The resolution is scheduled to be presented to
the Board of County Commissioners in the near future.
Commissioner Johnson asked for the possibility of receiving a time certain for the team
to come into the city for procurement, personnel and Human Resources.
Mr. Gardner said he would look into that issue and get back to the Commission.
Mayor Kelley informed Mr. Gardner that there were some discussions in terms of water
& sewer public works related funding. Since Mr. Gardner had no knowledge of the
funding Mayor Kelley said he would follow up on the issue.
With regards to the demolition date for properties in the Magnolia North area, Mayor
Kelley said that the City Manager's Office had to submit something which they've done;
therefore, it is back in the county's hands and he wants to make sure the process is in
motion as soon as the last hurdle is cleared.
10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
Regular Commission Meeting Agenda-05/12/2010 2
Battalion Chief Danny Cardeso of Miami-Dade Fire Rescue came forward and welcomed
any questions or concerns from the Commission.
Mayor Kelley encouraged Miami-Dade Fire Rescue to keep up the good work.
11. PUBLIC PRESENTATION:
1. Alvin Burke
re: welfare of the city
Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida came forward and voiced his
concerns relating to the resolution authorizing payment of $15,000.00 for plants in the
Community Gardens. He questioned the numbers of bids received for that particular
project due to the high amount. He suggested that the city take a good look at this
resolution and get another company to come in and provide an estimate. Additionally, he
said that it was ironic that during the same time the community garden was completed,
another landscape job with similar plants was also completed.
Relating to the resolution for non-essential spending, he said he was wondering how long
the city was to remain in the Town Center building because the city should start looking
at getting out of Town Center and get funding to build a City Hall.
Mayor Kelley stated to Mr. Burke that the city is looking at either purchasing the Town
Center building or looking for property and how they would pay for it; however, that will
take money.
2. Steven Barrett
re: welfare of the city
Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, appeared before the City
Commission and stated that after attending the last Planning Council Meeting he has a
concern relating to the number of schools coming into Opa-locka. The city must get a
count of the current number of schools currently in the city. In addition to that, he
suggested that the city check the churches as well because when churches come in as a
church they end up bringing in a school as well. He stated that he would hate for the city
to lose any of its public schools. He expressed his concerns relating to the lack of bus
shelters on the west side of Opa-locka near the downtown area.
He continued by saying that he would like the Commission to amend the resolution
prohibiting smoking in city vehicles to address the dark tinted windows as well to be able
to see who's driving the vehicles.
With regards to the concern about the bus shelters, Commissioner Johnson stated that the
City Manager was asked on several occasions to bring back a report. Since the issue with
the bus shelters had been going on for years, she directed the City Manager to include
this item in the packet provided to the commission prior to the next commission meeting
for clarity and answers.
Regular Commission Meeting Agenda—05/12/2010 3
h 1 a. CITIZENS' FORUM:
1. Pamela Screen of 3130 NW 131St Street, Opa-locka, Florida, appeared before the
City Commission and spoke about the lack of drainage at the apartment complex and the
flooding during rainy days.
Mayor Kelley stated that this was one of the roads mentioned on several different
occasions in which the city was suppose to be coming up with a plan because of the lack
of drainage in that area. He assumed that the City Manager was still working on the plan
and suggested that he keep an eye on that road in the interim because of the challenge
when it rains. He directed the City Manager to provide the Commission preferably by the
next commission meeting with a short term and long term plan to address those concerns.
Vice Mayor Taylor stated that in her action item with regards to NW 131st Street, the City
Manager's response was that the Public Works Department did pump that road. She said
that this street had been a concern of hers for some time.
She further asked, was the pumping of the water successful.
Manager Patterson said it was successful for the moment; however, when it rains the
water is right back.
2. Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, came forward and
stated his concerns relating to the resolution for services pertaining to the community
garden. The Community Garden was beautiful at first but it is now growing weeds and
for $15,000.00 the soil and mulch should've been treated. He urged the Commission to
take a look at the quality of work before paying the $15,000.00 because it shouldn't just
be $15,000.00 just for the plants.
12. ACTION ITEMS (items from consent agenda pull list):
16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING THE EMPLOYEE PAY SCHEDULE PLAN FOR
FY 2009-2010, IN SUBSTANTIALLY THE FORM ATTACHED HERETO;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDNG 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 Commissioner Holmes to pass the
above resolution.
Commissioner Johnson asked for clarification as to when the employee pay schedule plan
went before the Personnel Board.
John Riley, Chairman of the City of Opa-locka Personnel Board came forward and stated
that the employee pay plan went before the board in March; but it has not been back
before the board since the workshop.
Regular Commission Meeting Agenda—05/12/2010 4
Commissioner Johnson said she was under the assumption that upon conclusion of the
workshop the employee pay schedule plan would have went back to the Personnel Board.
She made reference to some of the salaries in the Employee Pay Plan Schedule and said
that they are already near the maximum salary. It is amazing that some of the positions
have already exceeded the numbers in the schedule. She asked for clarification as to how
the City Manager and staff came up with the numbers.
While looking at the pay plan that reflects a maximum and minimum, Manager Patterson
suggested that the Commission keep in mind the longevity of employees in addition to
other pay being received which is not included in the maximum and minimum. This
schedule reflects the maximum and minimum and some employees are in the middle of
these numbers.
Although some of the numbers seemed to be skewed, Commissioner Johnson said that
over the years some employees received almost triple bonuses; therefore she is concerned
as to how the city arrived to those numbers reflected in the schedule. Based on the
documentation she'd received, some individuals made over $25,000.00 and she would
like to know how that happened. She expressed her concern as to the transfer of an
individual from one department to another without a change in salary and creating a
position which according to the charter had not been authorized by this commission.
Manager Patterson stated that this predates his tenure with the city.
Commissioner Johnson stated that the day to day operations is the responsibility of the
current City Manager and not anyone else. She said she was under the impression that
whatever staff brings to him and because of the institutional knowledge, she asked the
City Manager not to be brought into this cleverness of staff.
Because she had not received an answer, she suggested that the City Manager go back
and revisit the schedule because it is not reflecting a true picture as it relates to the step
increases, bonuses and evaluations. There are a number of top level employees who'd
receive raises with no evaluation.
She further suggested that the City Manager review the schedule and receive some
advisement or input because it is unfair to the employees.
Manager Patterson welcomed to review the documentation in Commissioner Johnson's
possession.
Commissioner Johnson said she would be glad to provide the City Manager with the
documentation. She suggested the City Manager defer the above resolution until he is
able to gather all information.
Manager Patterson agreed.
Mayor Kelley explained that he would not support the resolution if the City Manager
doesn't defer it for the simple fact that all of the pay plan additions, some of which were
Regular Commission Meeting Agenda—05/12/2010 5
added, but what he didn't see in the supporting documentation was the reason for adding
those positions and why those positions had not been there. Although some of this
predates the City Manager, he said that the City Manager is in the seat and as far as he's
concerned it's in Mr. Patterson's lap. The schedule should have gone back before the
Personnel Board and it still could have gone before the Commission even if the board
didn't agree.
He requested to be provided with the reasoning for adding those positions to the plan as
oppose to just saying the positions are being added because they weren't in there. In
addition to the justification for adding the pay plan additions into the document because
he doesn't see as to why. Even in several departments, there are positions that are re-
titled and he would like to see that explanation.
Vice Mayor Taylor asked John Riley of the Personnel Board what was wrong with the
plan in his opinion.
Mr. Riley said he had not seen the plan.
Vice Mayor Taylor asked Commissioner Johnson what was wrong with the plan.
Commissioner Johnson said she had already put her concerns on record. She reiterated
the need for advisement from the Personnel Board and the fact that some employees have
already exceeded the maximum salary for their position. She said that the Human
Resources Director, City Manager, City Attorney and the Personnel Board must go back
and review the schedule. Additional positions were also added to the schedule which
according to the charter doesn't exist.
Vice Mayor Taylor asked Manager Patterson whether he could defend the pay plan.
Although Manager Patterson agreed with some of the things stated, he said the city is
trying to establish the base and then go from there. Some of these positions in the pay
plan are no longer in the city at all and some positions were brought in later and have not
been approved in the pay plan which is normally done in the budget. However, the city
must start somewhere and draw a base line then go from there in an effort to correct the
situation.
Vice Mayor Taylor suggested that the City Manager withdraw the resolution, start over to
include those items that were excluded and exclude those items that are included but
should be excluded and then allow for it to go through the process before coming back to
the Commission.
Because the pay plan went before the Personnel Board in March, Mayor Kelley asked,
why didn't the City Manager send it back to the board after making the revisions and
modifications? Since the Human Resources Director was not present at the meeting, he
said he would look forward to an answer in the future.
Commissioner Holmes said the bottom line is that the Commission creates jobs and no
department heads has that authority.
Regular Commission Meeting Agenda—05/12/2010
In terms of the minimum and maximum salary scale in the document, Commissioner
Tydus asked, does the time between the minimum and the maximum represent
increments of ten years, twelve years or increments at all?
Manager Patterson stated that this is a ten year step pay plan and when starting at the
beginning, it would take you ten years to finish. However, when hiring someone with
experience, depending upon their salary would determine where the city would start them
at which may be in the middle of the range.
The seconded and motion were withdrawn from the above resolution. The above
resolution was deferred.
16-3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO AMEND
RESOLUTION 09-7471 REGARDING ANNUAL LEAVE FOR CITY EMPLOYEES;
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.
Commissioner Johnson stated that the resolution was a great idea; however, she would
hope that this would allow employees to be grandfathered their time especially those
employees with a tenure of more than 5 years.
Manager Patterson stated that the information is not in the document for the simple
reason that there are employees who have less than five years.
Commissioner Johnson said that the city has a rule on the books since 2001 which is not
adhered to that some of the top staff has taken advantage of; therefore, if it's good for one
then it's good for all. With this in mind, she said she would like to see those employees
with more than 5 years of service with the city are incorporated in this legislation.
Manager Patterson explained that those employees with less than five years would start
off under this program to use it or lose it. This legislation provides for the employees who
have more than 5 years to utilize their grandfathered time within the time frame
established in the resolution to get that grandfathered time down to where the city is not
sitting on an unfunded liability.
Mayor Kelley expressed his contentment with this legislation because this was one of the
issues that the audit report had indicated over the last couple of years that the city needed
to address. He said he would hope the city makes provisions where it would not impact
operations. Over the course of time employees have not used their time and when they
leave employment with the city, it's an enormous time. The City Manager used the
Regular Commission Meeting Agenda—05/12/2010 7
correct terminology in that this is an unfunded mandate sitting there which the city must
lower.
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
16-4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO BILL MULTI-
FAMILY PROPERTIES RECENTLY CHANGED TO RESIDENTIAL FROM
COMMERCIAL STATUS MONTHLY UNTIL OCTOBER 2010; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFF ECTNE 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.
Commissioner Johnson asked for an explanation on the above resolution.
Manager Patterson explained that the Commission passed an ordinance a few meetings
ago in which the city found that their definition of commercial was different from what
they were actually doing. This resolution allows for the city to go to the tax roll with
these commercial properties that were once picked up by the private but weren't billed.
The city has now reclassified the ordinance to make commercial the same as what the
city is actually doing in reality.
Commissioner Johnson asked, what is the city doing to recover those monies from the
properties that weren't billed?
Manager Patterson recommended that the city not do anything due to the fact that most of
the properties are rental and this would be billed to the property owner not tenants. These
were properties that the city's ordinance excluded in the way they were billing and now
they're bringing them in line with what they're actually doing.
Commissioner Johnson asked the City Attorney if there was something the city could do
to recover those monies.
Because there are pros and cons with this issue, Attorney Geller requested that
Commissioner Johnson allow him to share his thoughts in private meetings with the
members of the commission individually.
There being no further discussion, the motion passed by a 5-0 vote.
Regular Commission Meeting Agenda—05/12/2010 8
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
16-5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO MAKE FULL
PAYMENT OF FIFTEEN THOUSAND FIVE HUNDRED NINE DOLLARS
($15,509.00) FROM ACCOUNT 72-572630, TO MILAGROS FARM NURSERY FOR
GARDEN LANDSCAPING/MAINTENANCE SERVICES; FOR REMOVAL AND
TRANSPLANTATION OF TREES FROM THE COMMUNITY GARDEN; FOR
INSTALLATION OF PLANTS, SOD AND MULCH TO THE COMMUNITY
GARDEN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDNG 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.
Commissioner Johnson expressed her concerns relating being under the impression that
there was a large donation of plants to the city and now they are being asked to pay
$15,000.00. In the previous package presented, the total came up to approximately
$4,000.00 which is a huge difference from the current amount. She made reference to an
invoice for $10,000.00 for a fence that was included in the documentation she had of the
previous package submitted; however, she doesn't see a fence.
In looking at the earlier plans, Manager Patterson said there was a fence recommended;
however, since he's been on board the city has worked on the garden without a fence.
Commissioner Johnson advised that there was a resolution passed for $10,000.00 for a
fence. This project was started since 2006 and the documentation provided included a
fence and the breakdown of the plants.
Manager Patterson advised that since he's been working on this project there was no
fence involved and he doesn't know who got rid of the fence.
Commissioner Johnson asked, did the city pay for a fence?
Manager Patterson replied, no.
To date, Commissioner Johnson asked, what has the city paid for as it relates to this
project?
Regular Commission Meeting Agenda—05/12/2010 9
Manager Patterson stated that the city has spent a total of $37,335.15 to date and the
original budget amount for this project is $42,000.00. The only items which have not
been paid for are the two poles to light up the garden.
Commissioner Holmes explained that he had many concerns relating to this project from
day one. Initially he supported the community garden but over the years he had asked
how much money the city is spending on that garden. However, he hasn't seen an actual
figure until hearing the City Manager just state that the city has spent $37,000.00. He
asked if the $37,000.00 included what was paid to service the garden?
Manager Patterson said the $37,000.00 included materials as well as labor.
Commissioner Holmes asked if that amount include the labor from all city employees
who have worked on the project?
Manager Patterson said it only included contracted labor and not employees.
Of concern to Commissioner Holmes was the fact that the city employees have put a
great amount of time working on the garden and these individuals are being paid by the
city on a hourly or salary basis; therefore, he hasn't really received an actual figure on
what the city has spent. Now, the city has another resolution for $15,000.00 to pay for
plants. He said it was brought to his attention that plants were placed at another location
as well and if that is the case he cannot support resolution.
Commissioner Tydus stated that this project had been a bone of contention with this
Commission since 2006; however, there hasn't been one complaint nothing but accolades
from within and from with out about the Butterfly Garden. This resolution before the
Commission is for the plants and that is the last item in completing the garden. The work
done by Public Works was arranged by the former administration in an effort to meet this
Commission's complaints about the cost of the garden. She said this is a budgeted item at
$43,000.00 and the administration could provide the account as to how Milagros Farm
Nursery was selected.
Manager Patterson stated that the selection of the contractor providing the services was
selected prior to him coming to the City of Opa-locka.
Commissioner Tydus asked if there was staff present which was involved in the selection
process.
Mayor Kelley stated to the City Manager that he didn't want to get into every time there's
an issue staff runs for cover. This item was prepared by staff and staff needs to come
forward and answer the questions.
Gerald Lee of the Community Development Department came forward and stated that he
wasn't a part of the original process; however, he does know that the city had been
working with Milagros for other projects and when asked to give a bid for what was
requested at this particular site he was told that Milagros was lower than the others
Regular Commission Meeting Agenda—05/12/2010 10
received. He said he is aware of the work Milagros has completed in other areas and he
does provide good prices because he has that ability based on the stock.
Mayor Kelley stated that the city has a procurement process and what Mr. Lee is saying
is that Milagros got called in but he doesn't know who called the vendor.
Vice Mayor Taylor asked, were other vendors called and is there a list of the others?
Mr. Lee said that others were called but he doesn't see the list of other vendors for the
plants but he was told the other plant vendors came in with higher prices for the same
products.
Mayor Kelley said all this is verbal but nothing in writing.
Mr. Lee responded that for him, yes because of the recent change.
Daniel Abia, Director of the City of Opa-locka Public Works Department came forward
and stated that there were three bids submitted to Purchasing and Milagros was the lowest
bidder. He added that there was a complaint from Milagros that he was the lowest bidder
but was not selected for another job the former Community Development Director Mr.
Spanner had complained to him about. He then asked Mr. Spanner to find out who was
selected as the vendor to provide the plants for the garden and he found out it was
Milagros. At that point, he didn't see a need to go inside it any further because the
complainer is the vendor being selected. He stated that Mr. Spanner was the lead for the
garden until Public Works had to recently step in and take over.
According to the information provided by Mr. Abia, Commissioner Tydus stated that the
city received three quotes and Milagros was the lowest quote and has done business for
the city in the past. Based on the documentation, she said that Milagros has also donated
over$2,200.00 worth of services and trees. Once again, this project is a budgeted item for
$43,000.00 and the city has not gone over budget. This company has provided a service
and they need to be paid for that service or the city will be liable.
After listening to staff refer to Mr. Spanner, Commissioner Holmes suggested that they
not use Mr. Spanner as an scapegoat because he is no longer with the city. He suggested
that the City Manager continue this item to allow staff to get the information needed to
answer the concerns of this Commission. Upon hearing that there are other quotes, he
hasn't heard any other quote but the one mentioned. If there are more quotes, the
Commission should have that information.
Commissioner Johnson stated that in 2006 there was a resolution which she supported for
the community garden and it passed. The minutes from May 38, 2008 reflect that former
Manager Beverly asked that agenda item 15-7 be deferred until the next meeting which
dealt with the community garden but it never came back before the City Commission.
The minutes dated January 13, 2010 reflect that former Manager Finnie reported the total
project cost for the community garden at $42,000.00 and he would recommend via
memorandum to the new City Manager that this project continue. On the previous
resolution which the minutes reflects she asked what item number the funds would come
Regular Commission Meeting Agenda—05/12/2010 11
from and at that time, it was projected for $28,000.00 and to her this is a great increase
from $28,000.00 to $42,000.00 plus now $15,000.00. She suggested that the City
Manager do some research.
Vice Mayor Taylor asked, are these plants in the garden?
Mr. Lee replied, yes.
Vice Mayor Taylor said that the resolution is simple and is saying pay the vendor for the
plants put in the garden.
Manager Patterson added that the amount in this resolution is inclusive in the $37,000.00.
Vice Mayor Taylor suggested that the Commission pay the vendor for the work that
they've done and the product put in that garden.
Mayor Kelley stated that this resolution is for installation and the price of plants. Because
he didn't have the three quotes for this project, he asked, is that the going rate for this
service and products? Additionally, Mr. Abia stated that Milagros was being selected
because they initially they felt like they were out bided or should've got some other work
and then when Mr. Abia found out it was this company, it kind of balanced out.
Mr. Abia said that the same company complaining about not getting any work was the
same company being selected.
Mayor Kelley added so when Mr. Abia saw that it felt like okay they're getting some
work now. He said he had a challenge with that concept and would be addressing at a
later time.
He continued by asking if the pricing is the going rate for the services and products
provided by this vendor?
Mr. Lee replied, yes.
Mayor Kelley asked if staff had the other quotes that would bear out that the vendor
selected was the most cost effective?
Mr. Abia advised that he was just told Mrs. Rose McKay in the city's Purchasing
Department has three quotes for this project and Milagros was the lowest quote.
Commissioner Holmes asked, where are the three quotes because they should be included
in the agenda as a part of this resolution?
Mayor Kelley said that this goes back to the procurement issue and how the city selects
companies. Because he didn't like the idea as to how this is done but he is also concerned
that this company has done the work and the fact that the city has not done due diligence
to make sure it's not on them. He said if the city doesn't pay this company and they sue
the city then the city would be liable for even more money.
Regular Commission Meeting Agenda—05/12/2010 12
Attorney Geller advised that any lawsuit served allows for 20 days to respond to the
lawsuit. It is possible they would refuse to accept the funds that they were owed because
they had to go to court but he's not sure if the contract provides for attorney fees anyway.
If the Commission is not ready, most people will accept that there is something being
done; however, on the other hand he does understand this could be a small business and
they may be dependent on it and the city doesn't want to place anyone in an unfortunate
position just because they can. The city probably has the right and ability to take another
look at it and be sure to bring it back but that doesn't mean that is the best course of
action recommended to the Commission. He said this is the pleasure of the Commission
and he can't tell them this is going to cost them money but that doesn't make it right.
Because the resolution was for payment on an invoice for services and products provided,
Vice Mayor Taylor stated that it is too late to go back to review and see all of the bids
because the work has been done and the plants are in the ground. The city cannot
negotiate this because they have already accepted this and it is right to pay him. She
suggested that the next time around staff do it more transparently and follow every single
step that has to be done.
Commissioner Holmes stated that as the Vice Mayor stated the plants are in the ground
but at what location because it was brought to his attention that they were at more than
one location.
Manager Patterson responded that that was not true. There were two oak trees moved out
of that location and placed at another park.
Commissioner Holmes said he would not support the resolution because he has yet to
receive a true accurate figure from the City Manager's as to how much this project would
cost the city.
Commissioner Johnson also stated that she would not support the resolution because the
Commission has told staff over and over about bringing projects after the fact and it is
disrespectful for them to continue to do this. The Commission will find similar situations
already taken place at Segal Park. She stated that there are problems in procurement and
although she agrees with the Vice Mayor that the vendor has to be paid but she has to be
clear on what she is voting on.
Commissioner Holmes suggested that the above resolution is deferred.
After hearing that there are other quotes for this project and the price is comparable,
Mayor Kelley agreed that the city had to pay for the services but he would've had a better
comfort level if he would have seen the quotes to know that this pricing is correct. Also,
he heard from Public Works that Milagros didn't get a job and so the city leaned that way
for this project and when staff found out it was that specific vendor then that made it
better but that didn't give him a comfort level.
He also requested that the resolution is deferred until the Commission can get a copy of
all quotes for this project and if they're in line then he would support it. The City
Regular Commission Meeting Agenda—05/12/2010 13
Manager said that this amount makes it $37,000.00 and then he heard that it didn't but
then there's a question as to how much the original budget was from the beginning.
Vice Mayor Taylor asked, what can the Commission do if the quotes are not in line
because the work has already been done? The work has been done and the Commission is
stalling but it is not fair to punish the vendor because city staff is out of line. The vendor
did the work, this is an honest invoice and they should get paid.
Commissioner Tydus reiterated what the Vice Mayor has stated as well. The city cannot
penalize business people and vendors for what appears to be our lack of due diligence. If
whatever the Commission is saying is true, the vendor the vendor still have to be paid
because the work has been done. She asked, what would the Commission do otherwise if
the administration comes back and there aren't three quotes or whatever else?
Commissioner Johnson agreed with Commissioner Tydus however she would be taking
corrective action on the City Manager and she would get with the City Attorney.
Vice Mayor Taylor stated to the Commission that if this resolution looked like it was
going to fail because she has a business and when she gives an invoice she wants to be
paid, she would rather have the City Manager defer the resolution and bring it back.
Commissioner Tydus stated that this issue is not a reflection on her but a reflection on the
city and people are not going to want to do business with the city.
Although she was satisfied with the resolution, Vice Mayor Taylor said she would
withdraw her seconded to allow the City Manager to provide the Commission with the
information requested and bring back the resolution at the next meeting.
Mayor Kelley said that he heard mention of this being a small company who is in need of
their money.
Manager Patterson said he received a telephone call from the company that they were
told by Mr. Spanner that upon completion of the job they would get their money. He then
explained to the company that he would have to bring to the Commission because the
amount was higher than his spending fund; therefore, he asked them to wait until it comes
to the Commission.
Mayor Kelley said that being the City Manager and telling the company that then he
would expect them to get paid because the City Manager told them to hold off until the
meeting.
Based on what the City Manager just stated, Mayor Kelley said that the company held off
because the City Manager told them the amount was beyond his amount. Although he
had other challenges with this item, he said he would support the resolution because of
what the City Manager just stated.
There being no further discussion, the motion passed by a 4-1 vote.
Regular Commission Meeting Agenda—05/12/2010 14
Vice Mayor Taylor Yes
Commissioner Holmes No
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
16-6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY TO CO-SPONSOR THE
NATIONAL LEAGUE OF CITIES PRESCRIPTION DISCOUNT CARD PROGRAM;
AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS
NECESSARY IN ORDER FOR THE CITY TO BECOME A SPONSOR OF THE
PROGRAM; 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, seconded by Vice Mayor Taylor 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
7. 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
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by J.K. and D.J.
The above resolution was read by title by Attorney Geller.
It was moved by Vice Mayor Taylor, seconded by Commissioner Johnson to pass the
above resolution.
Vice Mayor Taylor asked, who makes the decision on the non essential? Additionally,
there's a sentence that talks about all city cell phones shall be revoked except for other
police employees designated by the chief and IT. She asked, is IT going to be designating
who gets the phones?
Attorney Geller replied, no, the resolution could be worded better. He suggested that the
wording be changed to reflect as follows: City Manager, Assistant City Managers,
Department Heads, IT Department, the Police Chief, Assistant Police Chief and other
police employees designated by the Chief. The intent was for the IT Department to be on
Regular Commission Meeting Agenda—05/12/2010 15
call due to another department being shut down, therefore, they would need to keep their
cell phones to respond immediately to any other department. Grammatically it would be
better to put the IT Department in front of all the police stuff.
Vice Mayor Taylor expressed her concerns relating to the cell phones in terms of the
other police employees designated by the Chief.
Attorney Geller explained that if the Police Chief made a determination some non sworn
person required a cell phone in order to enable the department to do their duties; the
intent was that if there is someone other than a senior police administrative official that
the chief believes it is necessary it's principally intended to apply to police officers but
the flexibility was to allow the Chief to designate a non sworn officer if the Chief felt that
was essential to the mission of the department.
As it relates to the determination of non essential, Commissioner Johnson stated that the
City Manager would recommend because the city has to look at the future and many
homes will be coming off the tax roll. She said that essential should be at a desperate
need. Excluding the police department, the City Manager has to come back with a
resolution to the Commission and that was the original intent. Although she didn't know
what the co-sponsor's intent was but she didn't want to give the leverage to staff to
determine. The City Manager will recommend anything out of non essential to the
Commission.
Vice Mayor Taylor asked, until when because the resolution doesn't provide for a sunset
date and to be reviewed September 30, 2010 at the end of the fiscal year?
Attorney Geller explained that this document relates to the city's existing budget and that
actually goes to the other question as well. If the Commission is directed and authorized
something to be spent then the City Manager is obligated to do so absent the change from
the Commission. However, where the Commission has simply authorized money in the
budget and has not directed it to be spent then this is no difference then other
circumstances.
Vice Mayor Taylor said that if the resolution starts April then there must be an end month
with a review.
Mayor Kelley explained that in speaking to Attorney Geller he had indicated for this
resolution to go through the end of the fiscal year because it is tied to the budget and by
then the Commission would know the new tax roll. If the Commission decided they
wanted to continue the freeze then it would just require a new resolution.
He continued by saying that he had no problem adding September 30 because that's the
intent.
Attorney Geller advised that Section 2 could read as follows: to freeze all non-essential
spending as of mid April for the remainder of the current fiscal year.
Regular Commission Meeting Agenda—05/12/2010 16
Commissioner Johnson suggested that the spending as of mid April be changed to reflect
May 12, 2010.
Mayor Kelley stated that the intent as he initially said is that the city must be very focus
on the fact of the anticipation of lower revenue projections and he is aware for the most
part that those numbers come out June 1, 2010. In anticipation of that and realizing the
tight fiscal restraints he wanted to be able to do the freeze and not put the burden on the
City Manager so there would be clear direction that they need to tighten their belt in a lot
of areas. In some areas, there are radios and other communication equipment that can be
utilized.
Commissioner Johnson suggested that the City Manager look at the take home cars
because she is seeing individuals not in Code Enforcement that are taking home cars.
After attending a meeting, she learned that the county's deficit is 365 Million Dollars
which would ultimately impact the city as they move forward.
Attorney Geller stated that the amendments to the above resolution are as follows:
Section 2: replace mid April with May 12, 2010; immediately thereafter add the words
for the remainder of the current fiscal year. At the bottom of Section 2: the words IT
Department are being moved directly after the words Department Heads and a period
after designated by the Chief.
It was moved by Vice Mayor Taylor, seconded by Commissioner Johnson to amend the
resolution to reflect the above changes as read into the record by the City Attorney.
There being no further discussion, the motion passed by a 4-1 vote.
Vice Mayor Taylor Yes
Commissioner Holmes No
Commissioner Johnson Yes
Commissioner Tydus Yes
Mayor Kelley Yes
There being no further discussion, the original motion passed by a 4-1 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor No
Commissioner Holmes Yes
Mayor Kelley Yes
13. NEW ITEMS:
14. PLANNING & ZONING:
A. HEARINGS:
Regular Commission Meeting Agenda-05/12/2010 17
B. APPEALS:
15. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 09-18, THE GENERAL FUND
BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009, AND
ENDING SEPTEMBER 30, 2010; ADJUSTING REVENUES AND EXPENDITURES
AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
It was moved by Vice Mayor Taylor, seconded by Commissioner Holmes to pass the
above ordinance on first reading.
There being no discussion, the motion passed by a 4-1 vote.
Commissioner Holmes Yes
Commissioner Johnson No
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 09-19, THE PROPRIETARY AND
SPECIAL REVENUE FUNDS BUDGET FOR THE FISCAL YEAR COMMENCING
OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; ADJUSTING REVENUES
AND EXPENDITURES AS REFLECTED IN EXHIBIT "A", REFLECTING
CHANGES IN REVENUE SOURCE AS FOLLOWS: CAPITAL PROJECTS (FUND
320) BUDGET, REDUCTION OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00); CRIME PREVENTION (FUND 172) BUDGET, INCREASE OF
FOURTEEN THOUSAND FIVE HUNDRED DOLLARS ($14,500.00); PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Vice Mayor Taylor, seconded by Commissioner Johnson to pass the
above ordinance.
After noticing that the franchise fees for Waste Management was being reduced,
Commissioner Johnson asked, is there a revenue number for Choice Environmental?
Regular Commission Meeting Agenda—05/12/2010 18
Manager Patterson said that Choice Environmental revenue would not be increased;
however, for those properties that weren't billed by the city's definition of commercial
accounts that will now be going to Waste Management and not to Choice Environmental
Services.
Commissioner Johnson said she noticed that occupational license revenue was reduced
by $50,000.00. She asked, is Code Enforcement working to make sure the businesses are
in compliance?
Manager Patterson explained that initially the city projected there would be an increase
but after going back and reviewing the occupational license revenue it doesn't seem as
though the amount would be as originally projected.
Commissioner Johnson asked, did the city have a savings of $20,000.00 by having the
work completed in-house?
Faye Douglas of the City of Opa-locka Finance Department (Budget) came forward and
stated that in the original general fund budget, the city budgeted $20,000.00 to be
received from the county for administrative expenses for Segal Park. The city had a grant
for $200,000.00 and because the work is being done in-house, the city believed they
could get 10% ($20,000.00) for administrative costs but subsequently to that and in
discussions with OCED, they preferred that the entire $200,000.00 be used towards
construction expenses. This is reducing the $20,000.00 revenue in the general fund and
placing that money in the capital projects fund toward the actual project.
Commissioner Johnson requested that the City Manager provide her with all the
expenditures for the Segal Park project as well as all the procurement documents. In
addition to that, she would like to know how the information was bided out. She
requested to have this information by Friday, May 14, 2010.
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:
C. RESOLUTION(S):
16. ADMINISTRATION:
CONSENT AGENDA:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO ADOPT A BAN TO PROHIBIT SMOKING IN CITY
Regular Commission Meeting Agenda—05/12/2010 19
OWNED VEHICLES; 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, seconded by Vice Mayor Taylor to pass the
consent agenda resolution.
The motion passed by a 5-0 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
A. CITY MANAGER'S REPORT:
Manager Patterson reported that the city has met with Joel Maxwell and Mr. Goldstein
relating to the Cuyahoga property. After going through thorough investigation he found
out that the property owner wants to sell the property and Mr. Goldstein is working for
the property owner who would come in and develop it by getting grants from the
Brownfield money from the federal government to build housing on that property. If Mr.
Goldstein is not able to secure the grants then the city would pay the property owner for
the property and the property would have to be in the city's name in order to receive the
grant from Brownfield. If the city was to put the property under its name and the property
owner failed to get the grant then the city would have the liability of cleaning up the
property plus what has been paid to Mr. Goldstein's property.
He continued by providing an update on the improvements of the pump stations citywide
He advised that he sent correspondence to Miami-Dade County about relooking at their
Master Plan in terms of the outlay for improving streets and drainage in the city because a
part of the problem in the NW 131st Street area is the water running off of the county road
onto the city's streets which is contributing to the city's problem.
With regards to the Hurricane Preparedness Plan, he advised that it would be ready on
Friday, May 14, 2010 because there was a change that needed to be made in terms of the
backup command post.
He further stated that the city is looking at the possibility of fencing the lakefront on
Wilmington Street in order to direct the traffic back into the main entrance of Ingram
Park which would be along the lines of what he and the Mayor spoke about with regards
to looking at possible future funding for the city and looking at new sources of funding.
Going back to what the City Manager reported on the Cuyahoga property in terms of that
not being a good venture for the city to engage because the liability would fall on the city,
Mayor Kelley asked, has the city sent the property owner anything indicating that the city
Regular Commission Meeting Agenda—05/12/2010 20
would not be amenable to that but still expect owners to do something with the property
as oppose to leaving it in its current condition. Although the city was hopeful he is very
much concerned of what their plans are not just for the city to assume liability and fall
through. If the property owners come back with a plan to seek the funding which does not
tie the city to liability then obviously that would be something to look at but if that's not
then it needs to be very clear that the intent is not just to have the property sitting as it is
in its current form with no plan, progress or opportunity.
In mentioning the pump stations and because citizens aren't always aware, he suggested
that the map and information is displayed on the 4`h floor at Town Center.
Manager Patterson informed the Commission that he would work closely with the City
Attorney on the Cuyahoga property.
In looking at the Cuyahoga property, Commissioner Johnson suggested that the City
Manager look into it because she believes there's a court judgment ordering the property
owners to clean up that property with their own funds and she would have though by now
the city would have liens on that property.
Mayor Kelley informed Commissioner Johnson that there are liens on that property.
In speaking about liens, Commissioner Johnson said that there were a couple of citizens
who made public records requests and it appears that the total is $1.9 Million Dollars of
outstanding liens which could fix roads. She directed the City Manager and City Attorney
to work together in bringing the outstanding liens down because that's a lot of money
owed to the city which they need to collect.
She continued by saying that she received many complaints from residents of their water
being turned off when commercial and businesses have these $100,000.00 water bills and
somehow that's not equality or balance. She directed the City Manager to look into this
matter.
She further advised that she'd received many complaints about the Human Resources
Department and how staff is talking to people. She assumed that all those employees
attended the Customer Service training. From the conversations, she thinks staff in that
department is out of place and not the image the city wants to project with the employees
talking to other vendors and customers.
Commissioner Johnson requested to be provided with a monthly law enforcement report.
In addition to that, she noticed on NW 27th Avenue there are plenty vehicles running the
red light during peak hours. The vehicles are cutting through Porter's and that's why the
pole is bent.
She went on to say that she meet with citizens living near the canals on NW 22"d Avenue
and by Nathan B. Young Elementary and somehow kids are getting a hold of BB guns
and killing the ducks and cats. Because two of the citizens said something to the youth
their water was left on at their property causing flooding at their homes as a result of the
kids retaliating.
Regular Commission Meeting Agenda—05/12/2010 21
She further expressed her concerns relating to the lack of returned call to citizens.
Vice Mayor Taylor thanked the City Manager for the Habitat for Humanity which would
include Opa-locka on the application.
She referred to her packet provided by the City Manager's Office and stated that although
the City Manager provided the dump sites he didn't indicate what the plan was. Her
suggestion was to plant tress to eliminate the hole. The city also pumped out the water
behind the Garden Apartments but the City Manager also indicated that it was not their
job and that it was incumbent upon the owner. The water has been sitting for a while and
she cannot see Code Enforcement seeing that and nothing was done about it prior to her
mentioning it. She directed the City Manager to contact the owner so that he can address
the problem.
She further stated that she would like to see a plate at the Butterfly Garden with the
Commission's name on it and the year that it was done.
Commissioner Tydus stated that there is a serious problem with speeding on the streets
more specifically in the residential areas; those streets that enter into the residential areas
from NW 27th Avenue. She said she is scheduled to meet with a funding source in two
weeks that may be able to assist with this problem because what she's proposing are the
traffic roundabouts that would not only help eradicate the problem, slow the traffic down
and it will also enhance the city's beautification efforts. She directed the City Manager to
provide a report as to how many traffic roundabouts the city would need, locations and
the cost so that she can take with her to the meeting scheduled for the end of May.
Commissioner Holmes informed the City Manager that he'd received a complaint about
the road condition of NW 26`h Avenue between the canal and Superior Street. He directed
the City Manager to have staff look at the road to see if there is anything that can be done
to improve that road.
He continued by saying that on NW 139th Street from NW 26th Avenue to NW 23`d
Avenue the trees need trimming because they are covering the street lights.
He further directed the City Manager to address the jet skis in the canal on Wilmington
Street and to erect no trespassing signs and sings prohibiting jet skis in that area. In the
meantime, he directed the City Attorney to come up with an ordinance addressing the jet
skis in the city's lake and canals.
Commissioner Holmes suggested that the city adjust the timing on the lights at the park
because they are coming on at 6:15 p.m. when the sun is still out.
After attending Moon over Magnolia, he said the City Clerk brought it to his attention
that the security at the State Building was telling the people they could not park on the
property. Because the city donated the property to the state, they should be able to park in
the parking lot.
Regular Commission Meeting Agenda—05/12/2010 22
He further expressed the need for the city to purchase at least five police vehicles prior to
the budget due to the condition of the existing police vehicles. He directed the City
Manager to bring back a report at the next meeting as to how the city could fund at least
five police vehicles. Of concern to Commissioner Holmes was also the fact that certain
employees were put in positions temporarily to fill vacancies and were given an increase;
however, once the employees went back to their regular positions the city didn't deduct
the increase. The city is now trying to stop that increase and go back and collect from the
time those employees went back to their original positions. Although he agreed with
discontinuing the increase which was given temporarily, he doesn't agree with making
the employees pay back the money from the time they went back to their original
positions because the city failed to stop the increase.
Because he was still receiving many complaints relating to the high water bills, he
directed the City Manager and City Attorney to come up with a plan to give the citizens
some type of relief by increasing the water consumption without increasing the rates and
causing the city hardship.
Mayor Kelley stated that he didn't hear the City Manager give an update on the MPO
although the city made a presentation on the city's bus circulator. He directed the City
Manager to provide the Commission in writing with the next step in the process after the
presentation.
He continued by saying that he previously asked about citywide lighting and the city was
suppose to be receiving something from FPL to upgrade the lighting throughout the entire
city as well as the sidewalk master plan that was suppose to be already done and how the
city will address those sidewalks that are deficient as well as the installation of new
sidewalks.
He further stated that there's funding through the Commerce, Justice and Science
Incorporation Federal Government which can access funding for police technology and
equipment and he would hope the grant writer would pursue this funding.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and advised the
Commission that the finance reports were included in the packet under tabs 4 and 5.
17. OFFICIAL BOARD REPORTS:
John Riley, Chairman of the Charter Review Board and the Personnel Board came
forward and stated that previously there was a time when the Official Board Reports was
before Citizens' Forum. He asked that the Commission consider doing that once again.
As a committed dedicated citizen of Opa-locka and he doesn't mind working and putting
in the time for his community. However, after doing the work and putting in time then
making a report to the Commission and it is completely ignored is disrespectful and
shameful. The Commission as leaders set example to follow and if they ignore the boards
then the administration and everybody else would ignore them to.
Regular Commission Meeting Agenda—05/12/2010 23
He continued by saying there were some simple things from the Charter Review Board;
however, nothing can be changed in the Charter unless the people votes on it. The
recommendations from the Charter Review Board has been provided to the Commission
on numerous occasions and the process is for the Charter Review Board to do the work,
make recommendations to the Commission and they either reject it or not but they need
to do something. However, to do nothing is just like the work done by the board is in vain
and that's just not right.
As it relates to the Personnel Board, he said he previously told former City Manager Mr.
Finnie that there are no accrual administrative regulations in the City of Opa-locka.
Ordinance No. 07-03 approved the city's Personnel Rules in February 2007; Rule XXII
states that it is intended that annual leave would be taken within the calendar year in
which they are due and that's the law since 2004. The City Commission passed a
resolution on annual leave but the resolution cannot amend the law because the law states
if you don't take it in the year its accrued then you lose it.
He further stated that he doesn't find anywhere in the Charter or any case law that allows
the administration to ignore the findings of the Personnel Board and that is the reason for
his request for a board of inquiry.
Commissioner Holmes asked that Mr. Riley provide him with a copy of the items
previously provided to the Commission so that he can pass it to the City Attorney to start
working on it.
Mayor Kelley stated to the City Attorney that Mr. Riley has made several concerns
known some going back to the inquiry. He directed the City Attorney to address those
concerns mentioned in writing to the Commission before the next meeting.
18. CITY ATTORNEY'S REPORT:
Attorney Geller reported that the city is progressing on Sherbondy Park and the notice to
proceed has been issued. The city has received a proposed change order and is doing due
diligence on that to make sure the price given for architectural and engineering redesign
services to bring it up to a silver certified green building which require changes is a good
price. The contractor has offered to do it themselves within the existing budget.
He stated that he'd been back and forth trying to get the final union meetings scheduled
and also the City Manager's budget process has moved forward. He hopes to wrap those
up prior to the next meeting. In addition if the Commission does approve anything for the
ballot, it's his intention to include the deferred compensation amendment on the ballot as
well hoping to target the August election if possible.
He further reported that there is mediation pending on a couple of case and he is working
with the other side to have those scheduled sooner than later. He said he made progress
on a proposed school ordinance which would be brought to the Commission and includes
Charter Schools with anticipation of first reading at the next regular meeting. He
requested to meet with the Commission individually on the school ordinance. He is
getting to the point where he believes to have a draft that would fit the city well because
Regular Commission Meeting Agenda—05/12/2010 24
there are a lot of holes in the land development code and that's an issue he'll come back
to on another evening. The land development code is antiquated and not serving the city
well and does not have the tools needed in so far as these schools whether they're private
or charter schools. Currently those schools are not permitted at all except in conjunction
with a church. The Commission doesn't want to declare open season on Opa-locka but
have something to give them the teeth to reject projects and not be forced to approve
everything.
Attorney Geller stated that the city currently doesn't have anything relating to a telecom
ordinance but they must have something because there are telecom towers in the city.
Without an ordinance, the city doesn't have a way to stop anybody else. In drafting the
ordinance he requested that the Commission give their advice because he is looking at
prohibiting new telecom towers.
He continued by reporting that he and the City Manager had a great meeting with
Creative Sustainable Solutions LLC. This is a group that dedicated to doing things green
and helping in the process with economic development. The City of Opa-locka is the only
city that doesn't have to put up any money because of work that's already been done by
the city and particularly by Commissioner Johnson.
As far as the written report Mayor Kelley just talked about, he said he would be happy to
do it but he had a very good meeting with Mr. Riley which the City Clerk facilitated and
he'd been in conversation with the City Manager. If the issue is not resolved he would
certainly provide a written report but he believes the city is on the verge of getting a
couple of personnel issues resolved where there would not need to be a board of inquiry
or anything else.
Attorney Geller reported that the issue with the parking lot which Commissioner Holmes
spoke about was something that the Mayor also contacted him about and the City
Manager has been in touch downtown to see who at the state. The city is having a
difficult time putting their hands on those original documents. Assuming that the
documents are as people think they are, he is prepared to take whatever action the
original documents entitled the city to take to force them to allow the citizens' use and
access to that parking lot without being harassed or intimidated.
In reference to the purchase of police vehicles Commissioner Holmes talked about, he
said that if there's any possibility the city can find a way to increase the forfeiture funds
received from operations conducted with the county and other law enforcement agencies
to purchase the vehicles as oppose to utilizing tax dollars.
Mayor Kelley stated that Mr. Riley mentioned the fact that when boards make
recommendations that they're ignored and the reason he mentioned it was because he is
aware that the City Attorney has reported on those same issues on several occasions. He
said he wants to make it very clear, not only for that board, that the Commission does
value their input and are not "ignoring" when they bring items and/or suggestions before
them. This is the reason he requested a memorandum or if the City Attorney comes to a
resolutions of the issues.
Regular Commission Meeting Agenda—05/12/2010 25
He directed the City Attorney to get with the City Clerk on dates to start up the
workshop(s) to address outdated code and land use issues to include those
recommendations from the Charter Review Board.
Commissioner Johnson requested that the City Attorney bring back a resolution to have
the parks pet free. Also, she would like the ordinance banning any new telecom towers
because there are not enough studies showing the possibility of health issues down the
line. She requested to be the sponsor of the telecom tower ordinance.
She requested that the City Attorney bring back a resolution to address the tinted
windows on city vehicles and for city employees to utilize hands free devices while
operating city vehicles.
She further stated that while in attendance at a law enforcement meeting she found out
that the curfew is for Miami-Dade County and that legislation was adopted in 1994. She
directed the City Attorney to do some research and bring back a report on the curfew.
Vice Mayor Taylor stated that she would like to co-sponsor an ordinance to ban telecom
towers.
Attorney Geller advised that he is currently working on an ordinance to ban new cell
towers.
Commissioner Holmes recalled an ordinance dealing with telecom towers.
Attorney Geller said he would research this matter.
Commissioner Holmes also recalled having something on the books prohibiting dogs on
the parks.
He continued by saying that it was brought to his attention by the city's landscaping
vendor that the city's irrigation is not working. He directed the City Manager to look into
this matter to see what could be down to get the irrigation repaired.
He further informed the City Attorney that he would get with him on some of the
proposed charter amendment resolutions along with the deferred compensation, health
insurance, life insurance and compensation.
In trying to get dates for workshops and meetings, Mayor Kelley suggested that the
Commission try to respond as quickly as possible to get the dates confirmed or provide
dates of their availability.
19. CITY CLERK'S REPORT:
Clerk Irby requested that the Commission provide her with a date for the refinancing of
the 1994 revenue bond series.
Regular Commission Meeting Agenda-05/12/2010 26
After brief discussion, the Commission set the workshop for May 25, 2010 at 6:00 p.m.
in the City Commission Chambers.
Mayor Kelley thanked the City Clerk and staff for their assistance in the National Day of
Prayer Breakfast.
Clerk Irby reported on the Census 2010 and said that the recruiters are now out in the
community.
20. MAYOR/COMMISSION REPORT:
Commissioner Johnson thanked the Opa-locka Police Department and Community
Empowerment Team for attending the Miami-Dade County Teen Court training with her.
The author Joseph Washington was the keynote speaker and she is trying to get Mr.
Washington to come back Saturday to meet with the youth on the Average Breaker Club.
She requested that the City Manager reserve and set up the 2nd Floor on Saturday, May
15, 2010.
She reported her attendance at Moon Over Magnolia and the National Head start
Conference in Dallas, TX. In addition to that, she's been asked to be the keynote speaker
for Miami-Dade College High School Diploma Ceremony in June.
Vice Mayor Taylor stated that she is working on the Father's Day to honor the fathers.
Commissioner Tydus thanked the administration, staff and the departments that worked
so diligently but most importantly cheerfully with the development of the Butterfly
Garden as well as the implementation of the dedication of program of the city's Butterfly
Garden.
Commissioner Holmes stated that the performance at Moon Over Magnolia was
excellent; however, the youth are in need of place to train. He said he would be meeting
with Vicki Antonio to see about finding a location for those kids could have a home
based training site.
He stated to the City Attorney that the Cuyahoga issue is not new in this city and it goes
back to the 1980's. If the City Clerk has to go back and do some research to find the
information on the books relating to that property.
Mayor Kelley reported that Moon Over Magnolia was a great experience and the City
Clerk gave some history, it was a very wonderful presentation particularly about the
historic but where the city is headed. Although he wished there would have been more
attendance at the event, he is hoping that the program is aired on the city's Opa-TV.
He continued by saying that he'd been meeting with individuals from the Opa-locka
Executive Airport relating to the monies available for infrastructure and water & sewer
related projects surrounding that. The city is hoping to tap into that although only a small
portion of the city is in the airport boundaries per say the impact on the roads and streets
are heavy.
Regular Commission Meeting Agenda—05/12/2010 27
He further stated that he'd hope the city is on its way with the Veteran's Way
improvements. He also had an opportunity to meet with Mr. Willie Logan and the Opa-
locka CDC in terms of NSP dollars to have them spend some of those dollars in the city
towards rehab of property of new construction.
As police Commissioner, Commissioner Holmes suggested after receiving a flyer for a
yard sale that if the Opa-locka Police Department had anything for him to announce that
they pass it on to him before the meeting. He announced that the yard sale would take
place on May 15, 2010 from 9:00 a.m. —2:00 p.m. at the Opa-locka Police Department.
Deputy Chief Burton of the Opa-locka Police Department came forward and apologized
for the late notice. He provided an explanation as to the lateness of the flyer.
Commissioner Johnson directed the Deputy Chief to have the Weed & Seed Coordinator
provide an update to the Commission at the next meeting.
She further stated that she would be meeting with some planners for the Caribbean
carnival to be held at the Opa-locka Airport. In addition to that, she will be meeting with
the group "Stand Up", Georgia Ayers, pastors and police and would provide a follow up
at the next meeting.
21. OFFICIAL BOARD APPOINTMENTS:
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Holmes, seconded by Commissioner Johnson to adjourn the meeting at
10:10 p.m.
AI
1
AYOR
ATTEST:
('-'
-/ t------
CLERK
Regular Commission Meeting Agenda—05/12/2010 28