HomeMy Public PortalAbout06- June 09, 2010 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
June 09,2010
7:00 P.M.
City Commission Chambers
777 Sharazad Boulevard
Opa-locka,FL 33054
1. CALL TO ORDER:
Mayor Kelley called the meeting to order at 7:00 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: Vice Mayor Myra L.
Taylor, Commissioner Timothy Holmes and Mayor Joseph L. Kelley. Also in attendance
were: City Manager Clarance Patterson, City Attorney Joseph S. Geller and City Clerk
Deborah S. Irby. Commissioner Rose Tydus was not in attendance and Commissioner
Dorothy Johnson arrived at 7:26 p.m.
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):
Mayor Kelley pulled agenda item 16-4 from the Consent Agenda (this item to be
discussed separately under agenda item 12: Action Items).
It was moved by Commissioner Holmes, seconded by Vice Mayor Taylor to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 3-0 vote.
Vice Mayor Taylor Yes
Commissioner Tydus Not present
Regular Commission Meeting Agenda—06/09/2010 1
Commissioner Johnson Not present
Commissioner Holmes Yes
Mayor Kelley Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting—05/26/2010
It was moved by Commissioner Holmes, seconded by Vice Mayor Taylor to approve the
minutes of the Regular Commission Meeting of May 26, 2010.
There being no discussion, the motion passed by a 3-0 vote.
Commissioner Johnson Not present
Commissioner Tydus Not present
Commissioner Holmes Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner, Liaison for Miami-Dade County Commissioner Barbara Jordan (District
1) came forward to address any concerns.
Mayor Kelley asked for the tentative date set for demolition of the Magnolia properties.
Mr. Gardner advised that he is aware of a follow up meeting with Habitat for Humanity.
Mayor Kelley said he would like to see if there's any funding available for roofing to
assist senior citizens. Initially he'd spoke to Andre Ragin and he would like for Mr.
Gardner to follow up on this issue.
Vice Mayor Taylor asked, did Corey Jones of CAA reach his quota in terms of the
program offered to Opa-locka residents.
Mr. Gardner advised that Mr. Jones would be coming to the commission meeting for an
update on the program.
10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
"11. PUBLIC PRESENTATION:
1. Terence Pinder
re: welfare of the city
Regular Commission Meeting Agenda—06/09/2010 2
Terence Pinder of 941 Ali-baba Avenue, Opa-locka, Florida came forward and expressed
his concern relating to the stacked up trailers on NW 32" Avenue and the stacked up
salvage vehicles near the Garden Apartments which is a great hazard during hurricane
season. Also, he spoke about individuals in the Ingram Park area performing oil change
on vehicles. He suggested the city tighten up on addressing these violations.
He continued by speaking in terms of the city's roads, drainage and trash along NW 22nd
Avenue.
In preparation for hurricane season, Mayor Kelley indicated that the City Manager stated
at the last meeting that the city is on a schedule in terms of cleaning the curves and
gutters. He directed the City Manager to provide the Commission with a copy of the
schedule.
2. Alvin Burke
re: welfare of the city
Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, appeared before the City
Commission for an update on the noise from the trains during the early hours. He also
spoke about the resolution on the agenda to waive code enforcement liens and asked,
what would the city get for waiving those liens?
Attorney Geller advised that the city has called the issue with the trains to CSX's
attention and they've indicated they would get back to him. Therefore, he would expect
to have a full report by the next meeting.
Mayor Kelley added that if the city doesn't get any kind of relief then the next step would
be to appear before the regulatory body; however, the city is attempting to resolve this
issue before it gets that far.
With regards to Code Enforcement liens, Commissioner Holmes said that state and
county laws allows municipalities to have a Code Enforcement Board for individuals to
come in compliance with violations, and if an individual doesn't comply then the city can
issue a fine.
As it related to the liens in the resolution, Mayor Kelley stated that those were dealing
with abandoned properties that need to be torn down for rehab housing. If the city can get
new properties on the tax roll then that would increase the tax base.
lla. CITIZENS' FORUM:
1. David Horowitz of 2891 SW 69th Court, Miami, Florida, appeared before the City
Commission and said that he inherited the property located at 111 Perviz Avenue through
foreclosure. Of concern to Mr. Horowitz were the liens issued on the property prior to
him acquiring it which total to approximately $11,000.00. He requested that the
Commission waive the liens.
Regular Commission Meeting Agenda—06/09/2010 3
Mayor Kelley asked if Mr. Horowitiz had spoke with anyone in the City Manager's
Office with regards to this situation.
Commissioner Holmes stated that this was not a new issue and Mr. Finnie, the City
Manager during that time was to have taken care of it. This individual has come back
again and he brought this matter to the attention of Mr. Patterson. Because this individual
allowed the city to utilize his property on Aswan Road to relocate families from the
triangle then they should consider waiving the liens on the property. He recalled the
Commission passing legislation that no liens are imposed on residents unless the
Commission gives that authority and if that didn't happen, then he will sponsor an
ordinance for that to take place.
He suggested that the city waive at least 75% of the total amount of liens owed on this
property.
After hearing the comments from Commissioner Holmes, Mayor Kelley said he didn't
know if Mr. Horowitz had the opportunity to meet with the City Manager because he
hadn't heard about this issue in a report form. He directed the City Manager to provide
the Commission with a recommendation on this matter and bring it back in resolution
format at the next meeting because he didn't have enough information to vote.
Manager Patterson said that the liens on that property are a little over $11,000.00. The
owner did meet with Dr. Orji and the liens were reduced to approximately $3,000.00 but
the owner never came back to accept that amount.
Mayor Kelley suggested that the City Manager provide a recommendation to the
Commission to take action, if necessary.
Commissioner Holmes stated to Mr. Horowitz that if the city called him to reduce the
liens to $3,000.00 then he should have accepted that.
Mr. Horowitz informed the Commission that nobody contacted him about the reduction
in liens.
Mayor Kelley informed Mr. Horowitz that the City Manager would have Dr. Orji meet
with him because the Commission cannot take action at that time; it would have to come
back in resolution form. He directed the City Manager to make sure staff meet with Mr.
Horowitz and provide the Commission with a report and recommendation before the next
meeting.
2. Bobby White, owner of the Jazz Café located in Town Center Building, appeared
before the City Commission and spoke relating to the resolution adopted for the
upcoming Independence Day Celebration which would honor members of the military.
Through the committee meetings they have realized that those members have accepted to
attend but in a mass that they are not prepared to deal with; therefore, they are going to
rethink and re-plan this celebration because it would be a little to much to handle. He
thanked the Commission for their support although they are not able to proceed with the
celebration at this time.
Regular Commission Meeting Agenda—06/09/2010 4
Commissioner Holmes reminded Mr. White of his request for financial support from the
city.
Mr. White indicated that he will need financial support for this celebration, but first he
wants to make sure all the resources are in place and July 4, 2010 is not enough time for
the planning of this celebration. He said he would come back to the Commission at a later
time for a celebration of the same nature when he has adequate planning and timing.
Mayor Kelley thanked Mr. White for his commitment on this celebration in Opa-locka to
honor the veterans.
3. Celeste Dickenson Fitzpatrick of 2523 Opa-locka Boulevard, Opa-locka, Florida,
came forward and stated that it would be a great idea to name a street after the honorable
Janet Reno and Barack Obama. Secondly, she provided a list of volunteers to assist with
Commissioner Johnson's suggestion at the last meeting to beautify the city.
Mayor Kelley informed Ms. Fitzpatrick that Perviz Avenue was co-designated as the
Honorable President Barack Obama Street.
4. (Inaudible) representing a group of individuals who use the Ingram Park lake to
ride their jet skis on the weekend came forward to ask what they can do to better this
situation. He said that Vice Mayor Taylor spoke to them over the weekend and thought it
was a good idea that they were trying to have fun with their families while keeping the
area clean.
Mayor Kelley said he spoke to Tina earlier that day to ask why weren't they using Ingram
Park and she indicated the possible damage to the jet skis because of the rocks. However,
that's ideally where they should be because the commissioner has concerns about using
the current site. He indicated to Tina that the city is putting a boat ramp pier on the
Ingram Park side for individuals to be able to use boats and jet skis although he doesn't
know when that would be completed. In the interim, she indicated some things which he
related to the City Manager but the City Manager didn't have the opportunity to get back
with him to try to resolve the issue. Another concern was that the other individuals on
bigger boats who don't live in the city are leaving the trash. He directed the City Manager
to resolve this issue until the pier is ready.
Commissioner Holmes said drove through that area many times and even spoke to some
of the individuals about his concerns. Although he previously indicated that the city
didn't have any rules and regulations concerning jet skis, he was presented with a copy of
Section 16-63 of the city's code which states: Water Activities — no person shall swim,
ski, dive, surf, boat or fish in any area in the park unless such area is specifically
designated for that purpose. He explained that at this time the city doesn't have that area
designated for jet skis. In addition, the city's main concern is the safety of everyone.
The group representative stated that they have everything under control and they too are
concerned about their safety as well because their children are out there.
Regular Commission Meeting Agenda—06/09/2010 5
Commissioner Holmes suggested that these individuals work with the city until the city
can come up with rules and regulations because the Commission doesn't want to see
anyone get hurt. He advised that the City Attorney was working on legislation.
Although the City Attorney was working on legislation, Mayor Kelley suggested that the
City Manager look at doing something in the interim because he didn't know how long it
would take to have the ramp in place.
Manager Patterson stated that the ramp is in the planning process but he directed staff to
take it from the planning process to reality. On the other side towards the end, there's a
trash dump against the Cuyahoga property; therefore, he is now in the process of
receiving bids for a fence on the north side of that property.
Mayor Kelley asked, what can the city do in the interim while they are going through the
process to have the ramp in place?
Vice Mayor Taylor stated that she did have the opportunity to go to the family gathering
over the weekend. She commended the individuals for the cleanliness, no loud noises and
that the music was turned towards the water. She said she was surprised to see that all of
the children had on safety vests.
She stated that there's a house on the county side that jet skis are coming out of which is
not a part of the gathering on the Opa-locka side. She then asked if the families were in
agreement to go on Ingram Park and they indicated yes. She encouraged the City
Manager to expedite the ramp for the park.
Being in support of family engagement, Commissioner Johnson said the only issue that
no one mentioned was the necessary permit required for outdoor music. Secondly, in that
particular area people have been fishing for years and she is in support of that
recreational activity. Additionally, if children are engaged in the water activities then the
language of the music should be addressed as well.
Mayor Kelley stated that the city is working on the Ingram Park side for a boat ramp
which is in the design stage; however, the City Manager will try to work on the issue in
the interim.
Commissioner Holmes suggested that the children are protected and kept safe during
these jet ski gatherings.
5. Marie Luchard Luvin and Hendrick Duran of 3890 NW 132nd Street, Unit K,
Opa-locka, Florida came forward and briefly introduced their new family practice
business named Miami Healthcare Clinic/Durable Medical Equipment (DME).
Commissioner Johnson advised that this business will be going before the Planning
Council and should not be discussed at that time.
Commissioner Holmes said he met with the business owners and the location for the
business may be the wrong zone for that business. However, there was a medical facility
Regular Commission Meeting Agenda—06/09/2010 6
in that same location. He suggested that the owners give a presentation before the
Commission. He said if the Commission is saying that these individuals need to go before
the Planning Council then he would yield his comments to allow for that process to take
place.
In meeting with the business owners, Commissioner Johnson said she found out that they
had to come before the Planning Council and that is the reason she didn't want this matter
discussed any further. She stated for the record that she personally knows Marie who is a
RN at the United Postal Service.
Mayor Kelley asked for clarification if this issue had to go before the city's Planning
Council.
Attorney Geller stated that based on what he has heard, there's going to be a site plan
approval which would go through the Planning Council. However, if the applicants are
seeking a business tax receipt because it's a new business then that's a different matter.
Mayor Kelley suggested that the City Manager get the appropriate department head to
speak with the business owners to see what course of action is needed before making
additional comments.
6. John Riley of 2963 NW 135th Street, Opa-locka, Florida appeared before the City
Commission and stated that in 1997/1998 there was a state grant awarded to the city to
build a boat ramp at Ingram Park. He suggested that someone find out what happened to
the grant.
Mayor Kelley stated that he didn't know what happened in 1998 but the city is going to
deal with the issue now and move forward with a ramp.
12. ACTION ITEMS (items from consent agenda pull list):
16-4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT THE CITY MANAGER TO
PREPARE A STREET AND ROAD REPAIR PLAN AND COST ANALYSIS, WITH
IMPLEMENTATION OVER A SPECIFIED TIME; PROVIDING FOR RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above resolution.
Mayor Kelley directed the City Manager make sure that there are time frames and time
lines with this plan.
There being no further discussion, the motion passed by 4-0 vote.
Commissioner Tydus Not present
Commissioner Johnson Yes
Vice Mayor Taylor Yes
Regular Commission Meeting Agenda—06/09/2010 7
Commissioner Holmes Yes
Mayor Kelley Yes
13. NEW ITEMS:
Clerk Irby informed the Commission of the request to amend the agenda to include the
following items:
13-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT THE CITY MANAGER TO
SET ASIDE $50,000.00 TO ASSIST SENIOR CITIZENS WHO ARE IN DESPERATE
FINANCIAL NEED OF ROOF REPAIR OR ROOF REPLACEMENT SERVICE FOR
THE 2010 HURRICANE SEASON; PROVIDING FOR RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by M.T.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to amend
the agenda to include item 13-1.
There being no discussion, the motion passed by a 4-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Commissioner Johnson Yes
Mayor Kelley Yes
15A2: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING SECTION VI OF THE CITY'S COMPREHENSIVE
MASTER PLAN TO ALLOW FOR PUBLIC SCHOOLS/CHARTER SCHOOLS AS
SPECIFIC LAND USE CATERGORIES AND TO ALLOW AN INCREASE IN
DENSITY FOR AFFORDABLE HOUSING PROJECTS AND MODERATE DENSITY
CATERGORIES IN ACCORDANCE WITH THE 2010 EVALUATION AND
APPRAISAL REPORT; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.A.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to amend the
agenda to include the above ordinance as item 15A2 (first reading ordinance).
Commissioner Johnson stated that she would like to amend the above ordinance to
include private schools in addition to the public and charter schools.
Mayor Kelley stated that the amendment should be addressed once the item comes up for
discussion.
There being no further discussion, the motion passed by a 4-0 vote.
Regular Commission Meeting Agenda—06/09/2010 8
Commissioner Tydus Not present
Commissioner Johnson Yes
Commissioner Holmes Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
13-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT THE CITY MANAGER TO
SET ASIDE $50,000.00 TO ASSIST SENIOR CITIZENS WHO ARE IN DESPERATE
FINANCIAL NEED OF ROOF REPAIR OR ROOF REPLACEMENT SERVICE FOR
THE 2010 HURRICANE SEASON; PROVIDING FOR RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by M.T.
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.
Due to the concern with the city's procurement process, Commissioner Johnson highly
suggested that the work is put out for bid with the minimum of three (3) bids being
received and that the Commission serve as the selective body.
Vice Mayor Taylor explained that she is not one to add on resolutions unless it's an
emergency but she thought this was an emergency to be added on. She stated to the City
Manager that she really wants him to stay on this and find the $50,000.00 and what she is
looking for is the ten worst roofs, but perhaps the city can do more. She said she would
like to work closely with the building official and go to Home Depot, Lowe's to see
about partnering with them for equipment and material free of charge.
As far as the bid process is concerned, she said she would work closely with the City
Manager and building official. Perhaps the city can also go through the Office of
Community Services to find out the ten worst roofs for the seniors.
Although Vice Mayor Taylor may not be aware, Mayor Kelley stated that there are
several seniors he was working with trying to get roof repairs of which he had reached
out to county agencies. The city is going to need a structured process in order to secure
the ten worst roofs which will be challenging; however, there needs to be a mechanism in
place. He said he had started with three seniors who are challenged with roof repairs that
FEMA did not adequately compensate them but not everybody is a senior. There are
individuals who are working hard who just don't have the resources for roof repairs. He
agreed that the city must make sure the bid process is structured in a way that it is fair
and it comes back to the Commission.
He continued by reiterating that it would be challenging to find the ten worst roofs
because the ones he's dealing with now could fall into that category. Should this
legislation pass, he directed the City Manager to make sure the city doesn't have the same
type of challenges as with the labor workforce program because a lot of roof companies
are not doing residential but commercial only. He said he would continue to secure
Regular Commission Meeting Agenda—06/09/2010 9
funding from other sources but if nothing comes out of that perhaps the city can look at
the 3 he was already working on as part of the ten.
He further directed the City Manager to bring back to the Commission the structural
process which may require working with the City Attorney to craft it in such a way. He
made reference to the job initiative because he doesn't want that to happen when they are
trying to help the citizens. Once it is crafted with legal sufficiency, it should be brought
back to the Commission.
Commissioner Johnson proposed an amendment so that the Housing Authority serves as
the selecting committee to provide recommendations. The Commission could identify
two houses each.
Vice Mayor Taylor stated that she included the building official because she doesn't
know if the Housing Authority has the where for alls to select a roof that is in need of
repair; however, the building official would know the condition of the roofs.
Commissioner Johnson agreed with Vice Mayor Taylor up to the point that with the
direction giving to the City Manager because the building official reports to the City
Manager anyway so that can still happen. The committee will not be doing the selection
but will submit recommendations to the Commission. Through the City Manager, Vice
Mayor Taylor will still get what she wants because the building official reports directly to
the City Manager.
Mayor Kelley added that ultimately the Commission would make the selection.
Vice Mayor Taylor said she was okay with the amendment as long as the building official
is involved in the process.
Attorney Geller provided the language for the amendment to the resolution as follows:
(This would be included as additional language at the end of Section 2) The City
Manager is directed to develop a selection process with the Housing Authority making
final recommendations and the City Manager is further directed to propose a competitive
procurement process to be presented to the City Commission for final approval.
He advised that the presenting to the Commission would apply to both the selection
process with Housing Authority recommendations and the competitive procurement
process.
Commissioner Johnson stated that the minutes will reflect the inclusion of the Building &
License Director.
Attorney Geller said that the minutes would reflect that but the Commission also
certainly made it clear to the City Manager that that's the resource he would look to.
It was moved by Vice Mayor Taylor, seconded by Commissioner Johnson to amend the
resolution with the above stated language provided by the City Attorney.
Regular Commission Meeting Agenda—06/09/2010 10
There being no discussion, the motion on the amendment passed by a 4-0 vote.
Commissioner Tydus Not present
Commissioner Johnson Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
There being no further discussion, the original motion passed by a 4-0 vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Commissioner Johnson Yes
Mayor Kelley Yes
14. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
15. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE A FIVE-YEAR INTERLOCAL AGREEMENT WITH THE MIAMI-DADE
COUNTY STORMWATER UTILITY FOR CONTRACT SERVICES PERTAINING
TO STORMWATER MANAGEMENT AND MAINTENANCE OF SHARED
STORMWATER DRAINAGE SYSTEMS IN AN AMOUNT NOT TO EXCEED
THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY-TWO
DOLLARS AND NO CENTS ($346,322.00) ANNUALLY, PAYABLE FROM
ACCOUNT 43-538340; 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 Commissioner Holmes, seconded by Commissioner Johnson to pass the
above ordinance on first reading.
Of concern to Commissioner Johnson was the term of agreement because in 2008 it was a
two year agreement and the substantial increase in the amount, but she didn't see any
difference in the language. She asked, what was the reason for the increase?
Regular Commission Meeting Agenda—06/09/2010 11
She continued by asking for the quality control since 2008 when the county was
contracted to perform these services. Additionally, for the two years she didn't see
improvement that warrants her approval of such an increase in the amount.
Manager Patterson said since the last time he reported on this item, he has gotten back
with Miami-Dade County and they've decided to reduce the number of mechanical
harvest from 4 times to 3 times per year and that's where the big difference was. Instead
of the annual cost being $431,304.00 it was reduced to $346,322.00.
In going back to the resolution from 2008, Commissioner Johnson stated that at that time
the cost was a little over $200,000.00 versus $346,322.00 as reflected in the ordinance
which is not a decrease but an increase.
Manager Patterson advised that the increase is actually in one area and that is for the
vegetation.
Commissioner Johnson asked, what were the conditions of the monies paid before
because the canals are the same and if they are talking about the vegetation being cleaned
out, it had not? She said she was not convinced of the substantial increase based on the
services provided by the county.
She asked whether the City Manager negotiated the contract or was it negotiated prior to
him coming to the city.
Manager Patterson advised that this was something he negotiated and prior to his tenure
with the city, it was the higher amount he made reference to.
Commissioner Johnson suggested that the City Manager defer the ordinance to allow her
to speak with him on some other issues she had with this item which she preferred not to
put on record. She was of the opinion that the amount could be reduced some more
because she didn't think the city got its money's worth from previous contracts.
Mayor Kelley asked for the reasoning of going from two years to five years and
decreasing the mechanical harvesting? It was his opinion that the city would need more
and not less of the mechanical harvesting because that's where the majority of the
challenge is in trying to keep the canals clean. Also, he expressed his concerns relating to
the proposed length of the contract and trying to get a better rate for these services.
Manager Patterson informed the Commission that there are not a lot of people in the
private sector that perform these types of services. The county was performing the
services twice a year but was charging the city for four times per year and what was
lacking was the supervision on the city's part to make sure they were performing the
services they were paid for.
Although that may be true, Mayor Kelley said that his concern is the five year contract
versus the two year.
Regular Commission Meeting Agenda—06/09/2010 12
Manager Patterson stated that the three to five years was a wish of the county to make
sure they lock the city in sufficiently.
Mayor Kelley said he preferred nothing more than three years at the maximum because
who knows what could happen in three years; the city can be in a position to perform the
work in-house. He said he would prefer to see a shorter time frame than five years and
that would require the City Manager to go back and negotiate with the county.
He suggested that the City Manager defer the ordinance to allow him to negotiate a
shorter time frame. In addition to looking at the possibility of increasing the mechanical
harvest and decreasing one of the other services.
Commissioner Johnson directed the City Attorney to review the term of the agreement
because the previous one had a one year option to continue services into 2011. The
language in the new contract should be on target when it relates to the years.
The motion and the seconded on the above ordinance were withdrawn. The ordinance
was deferred by the City Manager.
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING SECTION VI OF THE CITY'S COMPREHENSIVE
MASTER PLAN TO ALLOW FOR PUBLIC SCHOOLS/CHARTER SCHOOLS AS
SPECIFIC LAND USE CATERGORIES AND TO ALLOW AN INCREASE IN
DENSITY FOR AFFORDABLE HOUSING PROJECTS AND MODERATE DENSITY
CATERGORIES IN ACCORDANCE WITH THE 2010 EVALUATION AND
APPRAISAL REPORT; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.A.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above ordinance on first reading.
Vice Mayor Taylor expressed her concerns relating to increased density for affordable
housing as reflected on page 2 of the ordinance. She said she was not in accord with
increasing density for affordable housing because the city has done its part with
affordable housing and it doesn't have a development of housing that's not affordable.
Attorney Geller stated that he spoke about this ordinance twice: the first time was during
a presentation by a particular group which is the Georgia Ayers Apartments proposed as
affordable housing and then he mentioned at a previous meeting that it was going to be
coming. The city is in the process of amending its comprehensive master plan pursuant to
the Evaluation and Appraisal Report (EAR) which is proceeding forward; however, it is
not a very quick process. This amendment to the two elements: (1) on the school zone
which has to be amended in order for the city to make any amendment because it has not
previously been done at all; (2) this is an overlay which says if someone is doing
Regular Commission Meeting Agenda—06/09/2010 13
affordable housing there can be greater density. The process, not the substance of it, has
been negotiated between the developer of the Georgia Ayers project, the State of Florida
Department of Community Affairs to allow this to go forward and the city with
participation from staff but more from the City Attorney. This ordinance is here for no
purpose except to allow greater density for affordable housing for the purpose of
allowing that project to go forward in a timely fashion because the applicants are
apparently in the process of losing funding.
Vice Mayor Taylor said she wasn't keying in on any particular project because she had
already made her concern for that particular project; but there is a way for that project to
go through. However, at face value, when the Commission adopts an ordinance, this
ordinance is not just for a particular project because anybody coming afterwards would
use this ordinance to increase density. She said she didn't want this ordinance to be a
blueprint or open door for any developer to come in and stick affordable housing
anywhere in Opa-locka which is not fair to the city or the citizens.
Attorney Geller agreed that Vice Mayor Taylor's analysis is correct because that's what
this ordinance is here for to allow this; however, if that is a concern she has then there's
no other purpose for this ordinance then what Vice Mayor Taylor is expressing concern
about.
Vice Mayor Taylor said that the ordinance deals with two issues: one being schools and
the other increasing density for affordable housing.
Attorney Geller stated that this ordinance would not be amending the school element of
the city's comprehensive plan now except as incident to this overlay to allow greater
density for affordable housing. The city would allow that school portion to be done upon
receipt of the FIU report. The reason this ordinance is here is because that report could
take some months before it comes to the Commission. This ordinance would allow this
group to move forward now and if the city took out the density issue then they wouldn't
be bothering to amend the comp plan now on the schools.
With this ordinance, Vice Mayor Taylor stated that the Commission is creating a law for
a particular project. She asked, was that correct?
Attorney Geller replied, yes.
Vice Mayor Taylor stated that several years later this law would mean something to any
developer and it would not be just for this particular project because it is allowing for an
increase in density for any future developer. Although this law may be for a specific
group now, it will be in practice for anybody.
Attorney Geller once again agreed that Vice Mayor Taylor's analysis was correct.
Commissioner Johnson expressed her disappointment with the City Attorney in hearing
that this ordinance is being done for a particular project. If an ordinance should happen to
pass then she is aware of the rules to rescind. As a former member of the Planning
Council, if there's any concern then the department directors should be hearing the
Regular Commission Meeting Agenda—06/09/2010 14
discussion and any project coming in front of the Commission would not match the EAR
because the language currently in the law does not match what was already approved by
this Commission in 2007. Since it does not match and had to get approved by South
Florida Planning Council, this legislation will now match what the Commission has
already approved through the master plan and the EAR. The city doesn't have anything
on record to match what has already been approved.
Attorney Geller informed the Commission that the site plan was presented to the
Planning Council; the Planning Council approved it subject to this ordinance being
approved. The site plan itself would have to come back to the Commission if this
ordinance is approved on second reading. He agreed with Commissioner Johnson that
this would ultimately match up if that was the pleasure of the Commission to go forward.
Commissioner Holmes suggested that the Commission take time to review ordinances
and resolutions prior to being presented to the City Clerk for placement on the agenda so
all concerns would be addressed which would limit the time on discussion.
Commissioner Johnson proposed an amendment to the above ordinance to include
private/public and charter schools.
Attorney Geller read the amendment as requested by Commissioner Johnson into the
record which would be included in the title and body of the resolution: Public
Schools/Charter Schools/Private Schools.
It was moved by Commissioner Johnson, (gavel relinquished to Vice Mayor Taylor)
seconded by Mayor Kelley to amend the above ordinance to include Private Schools.
Commissioner Holmes said that if the amendment requires a 4/5 vote then the ordinance
should be deferred, cleaned up and brought back with the change because his vote is
"no".
Commissioner Johnson suggested that the Commission allow this ordinance to be
deferred and she would bring back a resolution to deal with this issue.
The motion and seconded on the amendment to the ordinance were withdrawn.
Vice Mayor Taylor returned the gavel to Mayor Kelley.
Because it appeared the ordinance dealt with two separate items, Vice Mayor Taylor
asked could they be split.
Attorney Geller advised that the two items could be split; however, the more complete
answer would be that there is no reason to change the school element of the city's
comprehensive plan until they get the FIU report unless they are doing it to allow this
increase in density for affordable housing. If the pleasure of the Commission is not to do
the increase in density for affordable housing then there's no need to do the school
portion at all until the city receives the report from FIU. The Commission cannot do the
affordable housing density increase without also doing the school.
Regular Commission Meeting Agenda—06/09/2010 15
Vice Mayor Taylor withdrew her seconded on the motion for the ordinance.
Because the discussion leads to the assumption that the ordinance was not going to pass,
Mayor Kelley suggested that the ordinance be deferred.
Attorney Geller stated that if the pleasure of the Commission was that the item be
deferred then he would certainly do that. Because he agreed with what Commissioner
Holmes said, he would not bring an item on this short notice to the Commission if it had
not been very clearly communicated to him by the developer that if they were not able to
get this moving at least on first reading that there's a substantial possibility they would
lose their funding.
Mayor Kelley passed the gavel to Vice Mayor Taylor to second the motion on the
ordinance. In having first reading ordinances, he tends to support them to go for second
reading which would allow for citizen input. If the Commission after hearing from the
City Manager or City Attorney decides they don't want to support it then they still can do
that during second reading and it won't pass. But he has always tried to give that leeway
to folks when coming under first reading because they don't have the option for input
during first reading.
Commissioner Johnson explained that this particular project is time sensitive and all the
Commission is doing with this ordinance is matching what was already approved in 2007.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Not present
Mayor Kelley Yes
Vice Mayor Taylor Yes
Commissioner Holmes explained his reason for changing his vote on first reading to
allow the applicants the opportunity so that they won't lose their funding. Hopefully
when this ordinance comes back for second reading, everything is in order so that the
Commission doesn't have to spend a lot of time trying to resolve issues.
Vice Mayor Taylor returned the gavel to Mayor Kelley.
B. SECOND READING/PUBLIC HEARING:
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
Regular Commission Meeting Agenda—06/09/2010 16
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on
May 12, 2010). Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
Mayor Kelley opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above ordinance.
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
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 (first reading held on May 12, 2010). Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
Mayor Kelley opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
above ordinance.
Commissioner Johnson asked for an explanation in terms of the reserve fund and
contingency fund reflected in the amount of$30,000.00.
Faye Douglas, Budget Administrator for the City of Opa-locka came forward and
explained that following the comments from the Commission during the budget
amendment workshop the reserve will remain the same at $500,000.00. The
contingencies in the City Manager's Office were decreased by $35,000.00 but it is
remaining at $45,000.00.
Regular Commission Meeting Agenda—06/09/2010 17
Commissioner Johnson stated for the record that in the reserve the Commission adopted
an increase which is now reflected as $565,000.00.
Ms. 'Douglas said that the Commission adopted $500,000.00 and it is remaining at
$500,000.00.
Commissioner Johnson asked for an explanation on the amendment reflected as 2009-
2010 Exhibit "A".
Ms. Douglas explained that in the first budget amendment presented the city was
reducing the General Fund Reserve by $65,000.00; however, the $65,000.00 was added
back and the reserve will now remain at $500,000.00.
Commissioner Johnson referred Ms. Douglas to the page she was looking at which
indicated that the reserve was $565,000.00.
After reviewing the document Commissioner Johnson was making reference to, Ms.
Douglas explained that it reflects the reserve in the amount of$565,000.00 in the General
Fund; however, the General Fund Operating Reserve is $500,000.00 and the reserve for
sick and annual leave is $65,000.00 so when you combine both the total reserve is
$565,000.00.
Commissioner Johnson expressed her concern relating to the sick and annual leave being
included in the reserve funds.
Ms. Douglas explained that the financial integrity ordinance indicates that the city must
have at least $500,000.00 in the general fund reserve, $ 16,500.00 in the water & sewer
reserve fund and at least $65,000.00 in sick/annual leave in the general fund. Therefore,
there are two separate reserves that the financial integrity ordinance allows for.
Commissioner Johnson directed the City Attorney to bring back a resolution amending
her previous resolution regarding the General Fund Reserve to reflect $565,000.00 as
oppose to $500,000.00.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Not present
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
C. RESOLUTION/PUBLIC HEARING:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING, SETTING FORTH AND SUBMITTING TO THE
ELECTORATE PROPOSED CHARTER AMENDMENTS, AMENDING THE
Regular Commission Meeting Agenda—06/09/2010 18
CHARTER OF THE CITY OF OPA-LOCKA, FLORIDA TO: 1) SET
COMPENSATION FOR THE MAYOR AND CITY COMMISSIONERS, INCLUDING
DEFERRED COMPENSATION; 2) CHANGE THE NAME OF THE PERSONNEL
BOARD TO THE "CIVIL SERVICE BOARD"; 3) CHANGE THE NAME OF THE
PERSONNEL DEPARTMENT TO THE "HUMAN RESOURCES DEPARTMENT"; 4)
CHANGE THE TERM UNCLASSIFIED SERVICE EMPLOYEE TO
"UNCLASSIFIED UNION EMPLOYEE"; CALLING AND PROVIDING FOR A
REFERENDUM AT THE PRIMARY ELECTION TO BE HELD ON AUGUST 24,
2010 FOR THE PURPOSE OF SUBMITTING SAID CHARTER AMENDMENTS TO
THE ELECTORATE AT SAID REFERENDUM; FURTHER DIRECTING THE CITY
CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDNG FOR
AN EFFECTIVE DATE (first public hearing held on May 26, 2010). Sponsored by T.H.
The above resolution was read by title by Attorney Geller.
Mayor Kelley opened the floor for a public hearing.
John Riley of 2963 NW 135th Street, Opa-locka, Florida, came forward and suggested
that question #1 be changed to question #4 on the ballot. In addition, he asked that the
Commission consider changing the language on question#4 as follows: Shall Section 185
of the Charter be amended that Union Employees remain Classified Employees.
Commissioner Holmes asked Attorney Geller whether he had a problem with that
change.
Attorney Geller replied, no. He said that the technical language would be as follows:
Shall subparagraph 9 be deleted?
Mr. Riley agreed that would work as well.
Attorney Geller added that he could phrase it with both to say that: Shall the Charter be
amended to delete subparagraph 9 of Section 185 such that and then the language that
Mr. Riley indicated.
Since this is second reading, Mayor Kelley asked for a legal opinion in terms of changing
the language.
Attorney Geller advised that it was permissible because this is a resolution not an
ordinance. Secondly, what Mr. Riley indicated was the intent as he received it from the
Charter Review Board; Mr. Riley is simply clarifying it and it is not a material change.
For both of those reasons this change can be made and other than adding the language he
had no difficulties with either of the suggestions Mr. Riley made.
Commissioner Holmes stated that he would go along with whichever language the City
Attorney thinks is best.
Regular Commission Meeting Agenda—06/09/2010 19
Attorney Geller stated that the amendment to the existing language of question 4 would
be changed to state: Shall Section 185 be amended to delete subparagraph 9 such that
Union Employees will remain Classified Employees. The second change in the resolution
that Mr. Riley is suggestion is to make question 4 question 1 and then take the question
about compensation including deferred compensation and make that question 4. This
should be done as two separate amendments.
The first amendment to the resolution is as follows: Shall Section 185 be amended to
delete subparagraph 9 such that Union Employees will remain Classified Employees.
It was moved by Commissioner Holmes, seconded by Commission Johnson to amend the
resolution to reflect the above stated language regarding Section 185.
There being no further discussion, the motion on the first amendment passed by a 4-0
vote.
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Commissioner Johnson Yes
Mayor Kelley Yes
The second amendment is what is shown as question 1 henceforth be on the ballot as
question 4 and what is shown as question 4 henceforth be on ballot as question 1.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
second amendment to the resolution by switching questions 1 and 4 as stated above.
There being no further discussion, the motion on the second amendment passed by a 4-0
vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Commissioner Tydus Not present
Vice Mayor Taylor Yes
Mayor Kelley Yes
There being no further persons to speak on the public hearing, the public hearing was
closed.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the
above resolution.
There being no discussion, the motion passed by a 3-1 vote.
Commissioner Tydus Not present
Commissioner Johnson Yes
Vice Mayor Taylor Yes
Regular Commission Meeting Agenda—06/09/2010 20
Commissioner Holmes Yes
Mayor Kelley No
16. ADMINISTRATION:
CONSENT AGENDA:
1. 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 AN EFFECTIVE DATE. Sponsored by C.M.
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA —
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO CREATE A
TEMPORARY SERVICE WORKFORCE WORKING WITH THE HUMAN
RESOURCES DEPARTMENT; PROVIDING FOR RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by J.K.
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT TO WORK TOGETHER WITH THE OPA-LOCKA COMMUNITY
DEVELOPMENT CORP. (CDC); PROVIDING FOR RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by J.K.
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO CONSULT WITH
THE NATIONAL LEAGUE OF CITIES AND HYETT PALMA INC. ABOUT THE
SERVICES OF THE AMERICA DOWNTOWN PROGRAM TO COME UP WITH A
PLAN TO REVITALIZE OPA-LOCKA BUSINESS DISTRICT, AND TO ISSUE A
REQUEST FOR PROPOSAL (RFP) OR REQUEST FOR QUALIFICATION (RFQ) TO
CONSIDER OTHER PROVIDERS OF SIMILAR SERVICES; PROVIDING FOR
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K.
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DIRECTING AND AUTHORIZING THE CITY MANAGER TO
SUBMIT A PLAN TO EITHER PURCHASE TOWN CENTER OR TO BUILD A CITY
HALL; PROVIDING FOR RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by J.K
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE WAIVER OF CODE ENFORCEMENT
LIENS AND CITATIONS ON 2060 LINCOLN AVENUE, 2070 LINCOLN AVENUE
AND 15050 DUVAL STREET IN THE OUTSTANDING AMOUNT OF $42,158.06;
PROVIDING FOR RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored
by C.M
Regular Commission Meeting Agenda—06/09/2010 21
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
INTER-LOCAL AGREEMENT WITH MIAMI-DADE COLLEGE, SCHOOL OF
JUSTICE, ASSESSEMENT CENTER FOR THE SERGEANT PROMOTIONAL
EXAMINATION; PROVIDING FOR RECITALS; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by C.M.
9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PROVIDE
PAYMENT TO FIDELITY FINANCIAL SERVICES, L.C. IN AN AMOUNT NOT TO
EXCEED TEN THOUSAND, NINE HUNDRED FIFTEEN DOLLARS ($10,915.00)
FOR CONSULTING SERVICES; PROVIDING FOR RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by C.M.
The above consent agenda resolutions were read by title by Attorney Geller.
It was moved by Commissioner Johnson, seconded by Vice Mayor Taylor to pass the
consent agenda resolutions.
The motion passed by a 3-0 vote.
Vice Mayor Taylor Yes
Commissioner Tydus Not present
Commissioner Holmes Out of room
Commissioner Johnson Yes
Mayor Kelley Yes
A. CITY MANAGER'S REPORT:
Manager Patterson provided the Commission with a report on the Gun Bounty Program;
the outcome of the meeting with Glen Gore regarding parking in the State Building lot;
demolition of structure at Villa Francine; and the completion of Segal Park. He requested
that the Commission provide him with a date for the Ribbon Cutting at Segal Park.
With regards to the City Manager's response in the booklet provided to the Commission
relating to the retention pond at the Garden Apartments, Vice Mayor Taylor suggested
that the spraying for the mosquitoes take place immediately.
She continued by asking was the plate on the monument in the Butterfly Garden replaced
to reflect the Mayor & Commissioners names.
Manager Patterson stated that the plate was in his office.
Vice Mayor Taylor directed the City Manager to make sure the lot next to Segal Park is
cut.
Mayor Kelley stated that the City Manager was to provide an update as to what is going
on with that property because it is an eyesore to the area. A while back he even
Regular Commission Meeting Agenda—06/09/2010 22
mentioned to the City Manager to look into acquiring that property to extend Segal Park
but that didn't work out; however, the grass is continuing to grow and the contractor
always cuts the middle but not the outer part.
Vice Mayor Taylor said there was an updated study done a while back of a special taxing
district while Mr. Daughtrey was the City Manager. She directed the City Manager to do
research on special taxing district for high volume commercial areas with the money
going to road improvements because the trucks are tearing up the roads especially in the
commercial areas.
She continued by saying that under the previous manager there was talk about getting
restoration money for City Hall and she would like an update.
Manager Patterson said that the city applied for the grant but wasn't awarded.
Vice Mayor Taylor suggested that the city continue to apply for grants to restore City
Hall.
She continued by directing the City Manager to look into whether the city could utilize
transportation money to get bus shelters; clean the streets east of NW 27th Avenue; and
spray the Cuyahoga area and then see about clearing out that property perhaps utilizing
the two companies within the city that have the necessary equipment who may provide
the first cut free of charge.
As it relates to the Cuyahoga property, Mayor Kelley suggested that the City Manager
speak to Community Development because he had a meeting with Mrs. Delco reference
that property and Brownfield dollars so the city doesn't have to spend any money it
doesn't have to. He suggested that the City Manager keep the Commission informed as
to which route he will take to clear the property after receiving a report on that meeting
because this property has been an eyesore for too long.
Commissioner Johnson commended the City Manager and staff for the Hurricane
Preparedness Plan; however, she would like to receive a suspense date for the disaster
plan which has been pending for a while. In addition, she would like to bring some
closure on the Welcome Kit prior to summer break.
She continued by saying that there's a street sweeper in Miami Gardens and she was told
that the city would have to do a inter agent agreement to utilize their equipment. She
directed the City Manager to get in touch with whoever is in charge.
Since mentioning her concerns at the last meeting with regards to the maintenance at
SR9, she said she would have thought there would be some progress by now. Although
she seen individuals out there cleaning, they must have just mowed the lawn because they
didn't pull any weeds. She said that SR 9 needs to be cleaned before the next commission
meeting.
She further expressed her concerns relating to the condition and the quality of life at the
22nd Avenue Apartments. She said there are a lot of violations but the residents don't
Regular Commission Meeting Agenda—06/09/2010 23
want to complain because there isn't anywhere for them to go. She directed the City
Manager to bring back a report as to what can be done and what would be done.
Commissioner Johnson stated that during the tour with the City Manager she spoke to
one of the individuals that staff addressed about the violations in terms of construction
but what was surprising to her was that the man asked her if he needed to give her
something in order to continue his work. However, she didn't know what he meant by
that; but he also stated that he continued to do the work because a city employee told him
it was okay. She said she is concerned that a stop work order is placed on a project and
then an employee comes and allows the contractor to continue the work.
She continued by providing a brief update of the tour and said she would be interested in
doing an 8 hour tour of the city in addition to getting the Crime Watch members involved
to assist in identifying problem areas.
She further stated that she is most appreciative of the reply from staff in terms of fixing
some of the quick visible problems throughout the city.
Commissioner Holmes made reference to a lien statement he had in front of him and said
that the city just recently had to pay a lawsuit for approximately $200,000.00 on fees the
city charged on people's water bill. In terms of the lien statement, he expressed concerns
with the various fees charged in addition to the actual lien balance which included
processing fee, 7% interest rate fee, and a release fee for $35.00. He was of the opinion
that all the additional fees were unnecessary. The City Commission should decide
whether a lien should be placed or the City Manager should settle the matter. He said he
had given this same lien statement to the City Manager on several occasions and he
would like him to take care of it in-house. If not then he directed the City Attorney to
prepare a resolution.
Manager Patterson stated that he would do exactly what Commissioner Holmes has
directed him to do; however, he has not found anything in the code giving him the
authority to remove any liens. It needs to come to the Commission to approve and he
would have this issue on the next agenda.
Although there's nothing in the code, Commissioner Holmes said that the City Manager
is responsible for the day to day operations and this could be handled in house.
Commissioner Holmes asked, when would the AFSCME contract be brought back to the
Commission?
Manager Patterson advised that he is waiting on AFSCME to get back with the city.
Commissioner Holmes said he would wait for the City Manager's response on the union
issue.
He said he was still receiving many complaints in terms of the high water bills and he
directed on several occasions that the City Manager look into the possibility of increasing
Regular Commission Meeting Agenda—06/09/2010 24
the consumption by an additional 2,000 gallons while maintaining the current rate for
residential. However, as of this date nothing has been presented to the Commission.
Manager Patterson informed Commissioner Holmes that he would receive a report on his
request in terms of the high water bills at the next meeting.
Commissioner Holmes asked for an update on the five police vehicles because he had not
seen a resolution and/or purchase order. He said that the current police vehicles are in
poor condition. He directed the City Manager to move forward with the purchasing of the
police cars.
Manager Patterson said the city just identified monies to utilize to purchase the police
vehicles.
Commissioner Holmes recommended that the city don't move so fast in placing a lien on
residential properties without bringing it to the Commission. He said he was not talking
about lien for non payment of water but the liens placed for violations. He suggested that
the City Manager look into the 7% interest rate on liens.
He provided the City Manager with a copy of section 16-63 of the City of Opa-locka
Code of Ordinances which dealt with water activities and addressed the jet skis.
He further stated that he received complaints relating to the bad treatment by police
officers on the homeless and they should be treated like any other person.
Commissioner Holmes directed the City Manager to look into the possibility of assisting
the VFW by providing them with an American and State flag.
He continued by expressing his concerns with the opening of Segal Park, the condition of
Historic City Hall and finding a way to make the necessary repairs.
He further provided the City Attorney for his review a copy of the telecommunication
tower ordinances adopted by the City Commission in 1997 although those ordinances
were repealed.
He announced the passing of a city resident and his half brother.
Mayor Kelley offered his condolences on the passing of Commissioner Holmes' half
brother. In addition, he announced the passing of longtime residents Ezekiel Kendrick
and Mrs. Wells.
He went on to say that the resolutions passed were very critical: one dealt with the
temporary workforce which allows for the hiring of temporary individuals and when jobs
do come up to hire city residents to fill those positions. The other item was with the CDC
to help the city in development of abandoned properties. He suggested that the City
Manager stay on top of all these items and keep the Commission abreast.
B. ACCOUNTS PAYABLE:
Regular Commission Meeting Agenda—06/09/2010 25
Carol Conol, Assistant Finance Director for the City of Opa-locka came forward and
informed the Commission of the finance reports provided to them as a part of the packet
from the City Manager's Office.
She advised that the city has $565,000.00 set aside for reserves.
Vice Mayor Taylor asked, in terms of the reserve fund, would the amount stay at
$565,000.00 or will it fluctuate?
Faye Douglas, Budget Administrator stated that the General Fund reserve is $500,000.00
of which $300,000.00 can be used only with City Commission approval. The sick and
annual leave is $65,000.00 and that remains at $65,000.00.
17. OFFICIAL BOARD REPORTS:
18. - CITY ATTORNEY'S REPORT:
Attorney Geller apologized to the Commission for brining an item to them as an add-on
without advance notice. However, if it wasn't for two factors: 1) the applicant was at risk
of losing the funds and secondly they were originally suppose to deliver it to the city last
week but they had late negotiations with the Department of Community Affairs.
He advised that the PBA negotiations were rescheduled to Monday, June 14, 2010 in the
afternoon and he hopes to reach most of a deal if not a complete deal.
With regards to the conversations relating to liens, he said he hopes to present to the
Commission by the next meeting a new ordinance on liens that would allow the city in
this era where there's so many foreclosures going forward to be able to recover a better
percentage. He said he is also working on a procedure where the City Attorney's Office
can assist in collecting these liens; however, with regards to Commissioner Holmes
comments, he doesn't want to do anything that's going to be adverse particularly to
homeowners living and residing in their homes that may be challenged. Now investment
property, that's another story and the city wants to become a bit more aggressive with
those.
He continued by saying that he is working with Bill Kramer on the telecom issue;
however, there are some pending requests to modify telecom towers and they've heard
from counsel for those telecom operators. The issue is with the new state law which
passed in 2005 and modified in 2007 which supersedes what the city had done in 1999
and is very restrictive on municipalities as far what can be done. The feds have also
weighed in on this and there's a new federal law so he had extensive conversations with
counsel and he is Mr. Kramer is working on this. The city cannot do everything they
would like to but he is going to be sure to do everything the law permits. He said what the
city can do to protect residents in residential neighborhoods is going to be considerable
greater than what is permitted in residential or industrial districts.
Regular Commission Meeting Agenda—06/09/2010 26
He further stated that the Commission talked about CSX but he was also asked by
Commissioner Johnson to look into the airport noise issue about planes taking off late
and he did speak with the director of the airport operations who is aware of the concern
and has promised to get back to him.
Attorney Geller reported that he is working with the City Manager on Villa Francine to
make sure the city is protected and it does look like the City Manager has arranged
something that would give some relief to the residents.
He continued by saying that he'd been speaking with the contractors for Sherbondy Park
and they are full speed ahead working on underground and foundation issues. Based on
conversations at length, he anticipates going forth with the redesign and this item should
be on the next meeting agenda.
He further advised that at the next meeting he will have proposed amendments to the Red
Light Ordinance because the state did adopt something but it is not everything the city
was hoping for before. The bottom line is that there will be revenue stream to the city and
there will be increased enforcement.
He noted that per Commissioner Johnson he would get that amendment for the reserve
fund on the next meeting agenda.
Commissioner Johnson asked for an update on the CSX in terms of the maintenance of
the railroads.
Attorney Geller said that the City Manager was talking to CSX about the maintenance
issue and while he is hopeful of being able to reach an agreement with them on the
maintenance they've also indicated that they need to get the noise issue addressed as
well. This could impact the city's ability to reach an agreement. CSX is anxious for a
development agreement as well as the city is.
Commissioner Johnson directed the City Attorney and City Manager to follow up on the
CSX issue because the Commission passed a resolution for maintenance.
She continued by directing the City Attorney to work closely with the City Manager on
the exterior appearance of businesses in the city due to the lack of upkeep (i.e. paint,
lawn, etc.) and there is an ordinance that addresses this issue. Over the weekend it was
brought to her attention that there is a substantial reconnection fee to turn water back on
which she doesn't remember voting on. She directed the City Manager to address this
issue in his next report to the Commission.
She further suggested that the City Manager provide the Commission with the
information packet one week prior to the meeting to allow for review. In addition to that,
she would like the opportunity to discuss those issues with the City Manager and City
Attorney prior to the commission meeting.
Mayor Kelley stated to the City Manager that although he failed to give an update on the
city's website, it is up and running and a little friendlier. The Commission received
Regular Commission Meeting Agenda—06/09/2010 27
recommendations as to how they were going to go forth and market that with some
suggestions. He spoke about the problems with his city cell phone and having missed
calls, missed emails and the phone shutting off.
In terms of the Town Hall Meetings with Representative Oscar Braynon scheduled for
Wednesday, June 16, 2010 he said he is sure it is on but he wants to make sure the city
doesn't miss the Town Hall Meetings with Senator Wilson because he didn't see that on
the city's cable channel.
He pointed out that the city did receive the property value assessment and it is at 15.6%
or 1.1 Million Dollars. He directed the City Manager to schedule a workshop in July to
submit his suggestions / recommendations prior to the budget process in terms of the
city's reduction in revenues based on the tax roll.
19. CITY CLERK'S REPORT:
Clerk Irby reported that she sent out a memorandum to the Commission as a reminder of
the financial disclosure forms and outside employment which are due on July 1, 2010.
She stated that the city must find a new precinct to replace New Fellowship Church
which is no longer available. The new precinct would be the church on Sharar Avenue
and Perviz Avenue.
She further stated that she is working on the Board/Committee Banquet scheduled for
June 25, 2010.
Since Segal Park is now complete, she suggested having the Back to School event at
Segal Park.
Mayor Kelley asked if there was an update on the Census.
Clerk Irby stated that she would check but most likely there won't be any new
information until November or December.
Commissioner Holmes directed the City Clerk to check with the cities of Hallandale and
Hollywood to see if they have a ordinance relating to CSX specifically with the noise
from the trains. If so, he asked that the City Clerk forward a copy to the Commission.
20. MAYOR/COMMISSION REPORT:
Commissioner Johnson thanked the Fire Department and Police Department for their
great response to a fire at her home.
She reported that her organization's summer camp would be on the 2nd Floor at Town
Center starting on Monday, June 14, 2010 in Excel Academy. In addition to that through
her organization she is working with Miami Job Corps and she has an opportunity to
paint houses.
Regular Commission Meeting Agenda—06/09/2010 28
Vice Mayor Taylor thanked staff for doing a great job in what they do in making the city
great. She reported that she received a letter from Senator Frederica Wilson in terms of
the federal health care reform legislation and the closest they will get to the city would be
on June 16, 2010 at 7:00p.m. in the Lou Rawls Performing Arts in Florida Memorial
University.
She announced the Father's Day Celebration on Friday, June 18, 2010 at 11:00 a.m. on
the 2nd Floor at Town Center One.
Commissioner Holmes provided some words of advice to City of Opa-locka staff
pertaining to their jobs performance.
Although Vice Mayor Taylor mentioned the meeting hosted by Senator Wilson on June
16, 2010, Mayor Kelley encouraged the city's residents to attend the Town Hall Meeting
on the 2nd Floor at Town Center on June 16, 2010 @ 6:30 p.m. because Representative
Braynon will hold a legislative summary town hall forum and talking about what
happened in the session, the census, going green, hurricane preparation and health care.
He reported that he met with the City Manager because there was so much said about the
homeless challenges and finding out through the league of the dollars available to assist.
Because the City Manager did not mention it, he is not sure where he is with the process
in working the Police Department, CET and those impacted to assist those residents who
are homeless. This goes without saying because even if they are homeless, they are still
residents and citizens and must be treated with dignity.
He further reported meeting with Mrs. Delco of the South Florida Regional Planning
Council and a couple of things discussed in addition to some progress on Cuyahoga was
funding available for small businesses. He said he was hoping to have that finalized to
development to assist the small businesses here in the city with funding opportunities and
resources to help their business grow and become better.
Mayor Kelley expressed his excitement with the legislation adopted for the potential of
the Downtown District and moving forward. One of the things passed in this legislative
year was the incentive for businesses to come into the city through Senate Bill 1752. This
would be a great opportunity to encourage businesses to come into the city through that
incentive program and he would hope the city would take advantage of that.
He announced that he was confirmed as the 3rd Vice President for the Miami-Dade
County League of Cities during its last meeting.
Lastly, he encouraged the City Manager to keep the Commission informed and
communicate with them so they can work together to make the city move forward to be
the best it can be.
Commissioner Johnson stated that it was brought to her attention that there was county
money given to an organization that has been in the city for many years working with
small businesses. She directed the City Manager to find out the name of that organization,
Regular Commission Meeting Agenda—06/09/2010 29
what they are doing for the businesses in Opa-locka and bring them in front of the
Commission.
21. OFFICIAL BOARD APPOINTMENTS:
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Johnson, seconded by Vice Mayor Taylor to adjourn the meeting at 10:11
p.m.
.111111
A c OR
ATTEST:
CITY CLERK
Regular Commission Meeting Agenda—06/09/2010 30