HomeMy Public PortalAbout10- October 27, 2010 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
October 27,2010
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 7:00 p.m. on Wednesday, October
27, 2010 in the City Commission Chambers, 777 Sharazad Boulevard, Opa-locka,
Florida.
2. ROLL CALL:
The following members of the City Commission were present: Commissioner Dorothy
Johnson, Vice Mayor Myra L. Taylor, Commissioner Rose Tydus, Commissioner
Timothy Holmes and Mayor Joseph L. Kelley. Also in attendance were: City Manager
Clarance Patterson, City Attorney Joseph S. Geller and City Clerk Deborah S. Irby.
3. INVOCATION:
The Invocation was delivered by Mayor Joseph L. Kelley.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. APPROVAL OF AGENDA:
6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and
deletions):
Commissioner Johnson pulled item 16-2 from the consent agenda (this item would be
discussed separately under item 12—New Items).
•
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to approve
the agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 4-0 vote.
Vice Mayor Taylor Out of room
Commissioner Johnson Yes
Regular Commission Meeting Agenda—10/27/2010 1
Commissioner Tydus Yes
Commissioner Holmes Yes
Mayor Kelley Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting— 10/13/2010
It was moved by Commissioner Johnson, seconded by Commissioner Holmes to approve
the minutes of the Regular Commission Meeting of October 13, 2010.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes Yes
Vice Mayor Taylor Out of room
Mayor Kelley Yes
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner, Community Liaison for the Office of County Commissioner Barbara
Jordan — District 1 came forward and announced that Commissioner Jordan was
sponsoring a Flu Vaccination Clinic for residents in District 1 on Thursday, October 28,
2010 from 10:00 a.m. — 1:00 p.m. at the North Dade Regional Library.
Commissioner Johnson asked that Commissioner Jordan be made aware of the fact that
during the last CAA board meeting she brought a resolution which she later found was in
conflict with a Miami-Dade County ordinance. As a result, she would correct her motion
and rescind the resolution at the following CAA board meeting.
10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
Battalion Chief Danny Cardeso of Miami-Dade Fire Rescue, 6460 NW 27th Avenue,
Miami, Florida came forward to address any concerns and/or questions.
Commissioner Holmes stated that the city was receiving positive feedback on Miami-
Dade County Fire Rescue's installation of free fire alarms in Opa-locka residences. He
further expressed his appreciation for this program available to Opa-locka residents.
Chief Cardeso said that Miami-Dade County Fire Rescue does have a program through
the Public Education Fire Prevention Bureau where residents can submit applications to
receive smoke alarms free of charge.
11. PUBLIC PRESENTATION:
Regular Commission Meeting Agenda—10/27/2010 2
1. Charles Nunez
All Japanese Engines
re: installation of a secondary aluminum sweat furnace
Charles Nunez of 14310 Lake Childs Court, Miami Lakes, Florida, appeared before the
City Commission representing All Japanese Engines at 2300 NW 150th Street in Opa-
locka for a request to install a sweat furnace. He mentioned that he was aware of a 50
year old city ordinance where this is no longer allowed because the old smokers had
problems; however, he has been state certified and approved for his facility to run the
furnace. He said that all he would need is for the board to acknowledge use of the
furnace.
Of concern to Commissioner Johnson was whether Mr. Nunez consulted with City of
Opa-locka staff.
Mr. Nunez said he was told to bring this issue before the Commission.
Commissioner Johnson said this was not the process for approval and staff should be
aware of the procedure. She stated to the City Manager that this was not the process for
this item and asked that staff consult with Mr. Nunez.
Mr. Nunez said he consulted with Mr. Brown and Mr. Lee both of the city's Community
Development Department and was told that it may be in his best interest to bring it before
the Commission.
As a former member of the Planning Council, Commissioner Johnson said that this was
not the procedure for this item.
Mr. Nunez asked, since this is dealing with an old ordinance, how would he dispute the
old ordinance?
Mayor Kelley suggested that Mr. Nunez speak with staff, send correspondence requesting
the change, then the City Manager could put it on the agenda with the recommendation
for the Commission to vote either up or down in order to follow the process.
Commissioner Holmes added that the proper procedure was to go through the Planning
Council who would make a recommendation to the City Manager and the City Manager
would bring it to the Commission as to what needs to be done.
Commissioner Tydus expressed her concerns in terms of the administration not giving
Mr. Nunez the proper direction and that should have come from the Community
Development by guiding him to make application with the Planning Council. This would
be the only way that it would come to the Commission in the proper form to consider
which would be an ordinance amendment. She asked whether the City Manager had any
knowledge of this item being placed on the agenda.
Manager Patterson replied no.
Regular Commission Meeting Agenda—10/27/2010 3
Commissioner Tydus stated that the City Manager is the administrator of the agenda and
this item should have never been placed on the agenda without his knowledge and
without him having the ability to prepare or make some kind of recommendation. Perhaps
it happened because the correspondence from Mr. Nunez requesting to be placed on the
agenda is addressed to the City Clerk which is fine; but at that point that's when the City
Manager should have got involved. At this point, the City Clerk's communication should
have been with the City Manager and this should have never been placed on the agenda
without his knowledge or input.
Clerk Irby stated that the request is just to be placed on the agenda under public
presentation.
In reading the correspondence, Commissioner Tydus said there are three departments that
didn't give the proper direction. This is unacceptable and a problem by the administration
and the City Clerk's Office.
After having the opportunity to go out and speak to staff, Commissioner Johnson stated
that staff is telling her that they've given Mr. Nunez direction to go to the Planning
Council. She publicly apologized to the City Manager and the Community Development
Department because Mr. Nunez was given the right direction to go before the Planning
Council.
lla. CITIZENS' FORUM:
1. Willie Pouncy, Jr. of 835 NW 155th Lane, Miami, Florida appeared before the
City Commission to voice his concerns relating to the cracked sidewalk on the property
he manages at 2351 NW 135th Street, Opa-locka, Florida. This occurred as a result of him
allowing the city to access the canal for dredging in 2006 through the back gate of his
property at which time the heavy dump trucks cracked the sidewalks. The individuals
assigned to speak to him about this matter showed up unannounced and made a decision
on their own.
Mayor Kelley directed the Public Works Director to speak with Mr. Pouncy to address
the issue which dates back some years and provide the Commission with a report.
2. Seliden Jean of 2748 NW 131st Street, Opa-locka, Florida, came forward and
spoke on the ongoing issues relating to the unsafe unfinished structure at Villa Francine.
He asked for an update on the demolition of the unfinished structure after receiving a
letter from the city that it was to take place during the early part of October, but nothing
has happened.
Mayor Kelley directed the City Manager to read into the record the correspondence sent
to the Commission regarding the demolition being referred to by the citizen.
Although the City Manager didn't have the correspondence with him during the meeting,
Manager Patterson recalled that the demolition was scheduled in October; however, there
were approval issues at the top of commend in the military because the services will be
Regular Commission Meeting Agenda—10/27/2010 4
provided by the Marine Corp at no cost to the city. The actual demolition will take place
on December 3, 4, and 5.
Because Mayor Kelley had a copy of the email, he informed Mr. Jean that the date of
demolition is on December 3 & 4, 2010 by the Army Corps of Engineers.
Due to the ongoing situation at Villa Francine, Commissioner Johnson directed that the
City Manager have staff notify the residents in writing as to the status and when the
demolition will be completed with a copy to the City Commission.
Mayor Kelley reassured Mr. Jean that the city is working on getting the issue addressed
and the City Manager will follow through with documentation and letters to the
homeowners.
3. Maurice Smith of 2760 NW 131St Street, Opa-locka, Florida, appeared before the
City Commission and reported an incident which had taken place at the North Dade
Regional Library where he was voting early when a confrontation with the Vice Mayor
and her campaign ensued. He said that this type of harassment in front of his wife by
these individuals was ridiculous.
4. Eldred Redmon came forward and stated that on behalf of Villa Francine their
endorsement would go to Mayor Kelley, Commissioner Johnson and Gail Miller. The
reason being was because when catastrophe occurred although the desired results were
never accomplished, Mayor Kelley took the time out to sit and talk with the homeowners
in an effort to reach some type of resolution. He made reference to a cease and desist
order given to the developer dated April 25, 2003 and Opa-locka was also notified
regarding the contamination, but still they allowed this development to take place and
homes were built on the contamination. The Vice Mayor visited his home and indicated
that she was not the Mayor at the time Villa Francine was being developed (2003);
however, he has minutes from 2003 that indicates that individual was the Mayor at the
time. Throughout the entire time Villa Francine has been coming to the meetings, this
individual did not speak up once. In essence, the homeowners want the issue resolved
with no more false promises or lies.
5. Danny Haramijol representing SPM of 6405 NW 36th Street, Suite 214, Miami,
Florida, came forward to commend the Opa-locka Police Department for the good job
they are doing with their properties in the city.
6. Hasan Shabazz of 4888 NW 183rd Street, Miami Gardens, Florida, appeared
before the City Commission and gave an overview of his recollection in terms of what
occurred with Villa Francine during the time when he was the Public Information Officer
/ Salesman. With regards to the article in the Miami Times, he said that the individual
mentioned was not guilty of any of the accusations. He offered to make himself available
to sit down with the Mayor and Commission and / or residents of Villa Francine to deal
with that situation.
Commissioner Johnson stated her concerns in hearing a cease and desist order and Mr.
Shabazz being the Public Information Officer at that time. During the time she was a
Regular Commission Meeting Agenda—10/27/2010 5
member of the Planning Council, she said she questioned everyone because she is
concerned about the quality of life. She asked if Mr. Shabazz recalled a cease and desist
order.
Mr. Shabazz didn't recall the order, but clearly recalled that the developer abandoned the
project after having an argument with the general contractor. The shabbiness of the
project was due to a contractor who was not a general contractor completing the rest of
those buildings.
Commissioner Johnson highly suggested that Mr. Shabazz get with the residents of that
area and highly work through it.
Mr. Shabazz said he would be more than happy to do so along with the broker.
7. Ruben Maddox, Terrell Davis, and Norman Brooks of Brothers of the Same
Mind, 4055 NW 17th Avenue, Miami, Florida, came forward and passed their allowed
time to speak to Executive Director Brian Dennis. Mr. Dennis appeared before the City
Commission and spoke about the state and federal dollars available for economic
development. He publicly apologized for the article placed in the newspaper of which he
didn't think would unfold as it did amongst the Commission.
8. Kendrick Maddox of 2756 NW 131St Street, Opa-locka, Florida, appeared before
the City Commission and after hearing the comments relating to the demolition at Villa
Francine he asked, what would be done with the clean up and the protection from rodents
and snakes? He further expressed his frustrations with the ongoing unresolved problems
at Villa Francine.
In addition to the letter, Mayor Kelley said that the City Manager was directed to meet
with the homeowners at Villa Francine prior to the demolition with the Army Corps of
Engineers which is a part of the correspondence so that they are aware of the time frame
for the demolition and the clean up. As it relates to stimulus dollars, the city had hoped to
utilize some of those dollars for demolition; but they could not due to the stipulation
associated with the funding.
Commissioner Johnson suggested that Mr. Maddox obtain a copy of the video and
minutes to have substantial documentation.
9. Tony Brown of 2762 NW 131st Street, Opa-locka, Florida, came forward and
yielded his time to his neighbor Eldred Redmon. Mr. Redmon came forward to respond
to Mr. Shabazz statement about not being aware of the cease and desist order issued from
DERM in 2003. Because he didn't want to be called a liar, he presented the document
issued by DERM. As just stated regarding having documentation to substantiate the
statements, he said he had minutes from 2003.
Commissioner Johnson stated that Mr. Redmon mentioned that he had documentation
and she asked about the cease and desist order; however, it is a standard in this city that
everything that goes to the City Manager is not copied to the Commission. She said she
learned a lot when she was the interim Mayor, but she made sure everything staff gave
Regular Commission Meeting Agenda—10/27/2010 6
her as the interim Mayor was also given to her colleagues and that is not a norm in this
city. Although she didn't know anything about the cease order, cease to her means to
stop. She asked that the City Manager have staff pull the minutes from the Planning
Council relating to this matter and that the City Clerk provide a copy.
10. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City
Commission and spoke about encouraging the youth to do positive things by setting an
example.
He further cited Section 2-58 of the Opa-locka Code of Ordinances which talks about
decorum and what's suppose to happen when addressing the Commission. He encouraged
enforcement of that section of the code because it is the law of this city.
11. Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, came forward and
stated that there are a lot of resolutions and ordinances adopted by the Commission, but
city staff is changing the laws and doing whatever they want to do putting a liability on
this city. It is useless for the Commission to pass a resolution or ordinance if staff is not
going to follow the guidelines costing the taxpayers money. There is even a judge's order
stating that staff does not follow this Commission guidelines which is a continuous
problem. He suggested that the Commission look at what is really going on in terms of
staff setting their own rules.
He further stated that the mayor and majority of the Commission have done a good job in
the city for the past four years. Although they have agreed and disagreed on certain
things, this city is moving forward. He said that it takes the majority of the Commission
to pass legislation because one person alone cannot do it.
12. ACTION ITEMS (items from consent agenda pull list):
1. (16-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT
THE AWARD OF FUNDS FROM THE DEPARTMENT OF JUSTICE AND
THROUGH MIAMI-DADE COUNTY OFFICE OF GRANTS COORDINATION TO
ACCEPT AND EXPEND THE FY2011 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG), IN THE AMOUNT OF FOUR THOUSAND SEVEN
HUNDRED AND FORTY-TWO DOLLARS ($4,742.00), AND TO EXECUTE AN
AGREEMENT WITH THE PURPOSE OF CONTINUING THE SCHOOL RESOURCE
OFFICER PROGRAM; PROVIDING FOR INCORPORATIONS 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 Holmes, seconded by Vice Mayor Taylor to pass the
above resolution.
Vice Mayor Taylor asked, does the city receive this grant on a yearly basis?
Manager Patterson replied, yes.
Regular Commission Meeting Agenda—10/27/2010 7
Vice Mayor Taylor asked, does the $4,742.00 ever increase?
Manager Patterson stated that the amount fluctuates.
Deputy Chief Adam Burden of the Opa-locka Police Department came forward and said
that the amount of the grant fluctuates, but it is based on the size of the city and size of
the schools involved in the particular geographical area. This is for a school resource
officer and they base it on the amount of schools and amount of kids enrolled in our
particular area. The grant pays for some events the school resource officers does overtime
and off duty conducted within the schools.
Vice Mayor Taylor asked, is this extended to Charter school and Life Skills which are
both public schools?
Deputy Chief Burden said he would have to research that and get back with the
Commission.
Should the Charter School and Life Skills not be included, Vice Mayor Taylor suggested
that they are included in the request for this grant.
In reading the documentation provided, Commissioner Johnson stated that this grant has
been awarded and the resolution is to accept the award fund; therefore, the scope of
services cannot be modified.
Of concern to Commissioner Johnson was the city continuously including in grants that
Opa-locka has the highest overall crime which is untrue. The city cannot move forward
when this type of language is constantly being used in grants. It is not about the money;
but the quality of life and attracting people to the city. The City of Opa-locka is not a
poor city.
Deputy Chief Burden stated that the school resources officers are Officer Carrie Palmer
and Office Jessie Ortiz. All officers in the City of Opa-locka have multiple assignments.
Commissioner Johnson directed the Chief of Police to include in the monthly report the
percentages in terms of what portion is for their regular job and what portion is for the
resource officer.
She further expressed her concerns relating to businesses using Opa-locka statistics
although they are not actually located within the Opa-locka boundaries.
Manager Patterson stated that the line item is 001-334700.
Commissioner Johnson directed the City Manager to provide her with the name of the
line item referenced for this resolution.
After having the opportunity to see the resource officers and some of the things they do,
Mayor Kelley said this is a good program and connection that the police officers are
Regular Commission Meeting Agenda—10/27/2010 8
engaged with the children in a positive way. He was hopeful that the city could clear up
the line item and the numbers because the school resource officers do provide a valuable
connection and service. In terms of the city's branding and how they label it, the city does
need to make those adjustments.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
13. NEW ITEMS:
14. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
15. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN AMENDMENT TO ORDINANCE 10-21 TO CREATE SECTION III FOR
A BAN ON WEARING SAGGY PANTS APPAREL IN PUBLIC PLACES WITHIN
THE CITY OF OPA-LOCKA AND TO PROVIDE PENALTIES THEREFORE;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H.
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.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Commissioner Johnson Yes
Mayor Kelley Yes
B. SECOND READING/PUBLIC HEARING:
Regular Commission Meeting Agenda—10/27/2010 9
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING AN AGREEMENT WITH FLORIDA
INTERNATIONAL UNIVERSITY (FIU) BOARD OF TRUSTEES AND THE CITY
OF OPA-LOCKA TO BECOME PARTIES IN CONDUCTING A WORK RELATED
STUDY OF THE "PEAK FLOW MANAGEMENT STUDY" PROJECT, IN AN
AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00)
PAYABLE FROM ACCOUNT NUMBER 64-533312; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR REPEAL OF ALL PRIOR
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE (first reading held on October 13, 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 Commissioner Holmes to adopt
the above ordinance.
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
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING AN AGREEMENT WITH FIRST SOUTHWEST
COMPANY (FSC) TO ACT AS THE CITY'S FINANCIAL ADVISOR; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR REPEAL OF ALL
PRIOR ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE (first reading held on October 4, 2010).
Sponsored by C.M.
The above resolution 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 Commissioner Holmes to adopt
the above ordinance.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Holmes Yes
Commissioner Johnson Yes
Regular Commission Meeting Agenda—10/27/2010 10
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Mayor Kelley Yes
C. RESOLUTION/PUBLIC HEARING:
16. ADMINISTRATION:
CONSENT AGENDA:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY
FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF
CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES AND PROVIDING FOR REIMBURSEMENT OF COSTS TO THE
STATE OF FLORIDA, PAYABLE FROM ACCOUNT NUMBER 19-519493;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING AN AGREEMENT TO ENGAGE SQUIRE
SANDERS & DEMPSEY, LLP AS BOND COUNSEL FOR THE CITY OF OPA-
LOCKA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above consent agenda resolutions (16-1 & 16-3) were read by title by Attorney
Geller.
It was moved by Commissioner Holmes, seconded by Commissioner Johnson to approve
the consent agenda resolutions.
The motion passed by a 5-0 vote.
Commissioner Johnson Yes
Commissioner Tydus Yes
Vice Mayor Taylor Yes
Commissioner Holmes Yes
Mayor Kelley Yes
A. CITY MANAGER'S REPORT:
Manager Patterson provided an update on those items requested at the last commission
meeting which can be found in their packet relating to the posting of the Public Works
Maintenance Schedule and active grants on the city's Website. In addition to that, he said
the Commission was provided with a list of ongoing projects and a list of locations where
Regular Commission Meeting Agenda—10/27/2010 11
the citizens can apply for free smoke alarms (this information is also available on the
city's Website).
He continued by saying that the city was notified by OCED that the request for
$650,000.00 was almost matched dollar for dollar with $631,821.00 the city would be
receiving for updating the Helen L. Miller Center at Segal Park. Also, he reported that the
FPL Citywide Street Lighting project would start on the first week of December 2010
with an anticipated completion date of January 11, 2011.
Commissioner Holmes previously made the City Manager and City Attorney aware of a
letter going out to residents in Opa-locka relating to sewer lines. He asked for the City
Manager's opinion on the letter.
In looking at the letter, Manager Patterson said it looked like some sort of scam which
he'd never seen before and it had nothing to do with the city.
Commissioner Holmes said he was notified by an Opa-locka resident of the letter and he
wanted everyone to have the opportunity to review it to determine whether or not it is
legit. From what he was told, the letter seemed like some sort of scam and he would tell
the resident to disregard it. The city should do a public announcement so that the
residents are aware of this home service.
Mayor Kelley directed the City Attorney to follow up on where this letter came from so
that the city can notify the residents. He said it appeared this company is trying to collect
money on a service sending it to targeted citizens.
Commissioner Johnson suggested with this issue and any other emergency incidents that
the city utilize Code Red to get the word out to the residents.
She made it clear that any function sponsored in a city facility or by the City
Commission, is open to all citizens, Commission and staff regardless of who is
sponsoring it.
She requested an update for the next meeting as to what the city is doing to remove the
mold from Historic City Hall in the offices formerly occupied by the City Clerk and
Mayor/Commission.
She further suggested that the city utilize Code Red to notify the residents when service
providers and/or contractors are doing work in the city because someone cut a tree near
NW 137th Street and NW 22nd Place next to the rail and now the rail is damaged. She
mentioned the repairs made across from a resident's house where the new grass at that
time was damaged and the area still looks deplorable. Also, the water at NW 23rd Avenue
had been running for days and the grass was dug up; but if repairs were done then the city
must make sure that the grass is put back as well. Of concern was the lack of quality
inspection on city projects because as long as she'd been talking about quality
improvement it should be better.
Regular Commission Meeting Agenda—10/27/2010 12
Because of the recent incidents that occurred regarding Villa Francine, Commissioner
Johnson said when the water hydrant was hit those residents thought the water was turned
off. The city should have utilized Code Red to notify everyone of the water main break
issue.
She expressed her concern relating to the mattress for sale signs throughout the city, palm
trees in the streets and bus stops with overflowing trash in the receptacles which has to do
with the city's image. She encouraged the City Manager and staff to do a better job.
Lastly, she said she had observed employees campaigning during work hours and putting
up candidate signs which she captured on her phone. In addition, she observed employees
during work hours at the liquor store with beers in their hands. She suggested that the
City Manager address these issues with his employees.
Vice Mayor Taylor asked for an update on the grant for the revitalization of Historic City
Hall.
Manager Patterson spoke about the state downsizing some of its offices and the
possibility of getting the state to give some of that property back to the city for its City
Hall offices.
Vice Mayor Taylor said she didn't want Historic City Hall depreciating because it is one
of a kind throughout the nation and she wouldn't want it to just fall down due to the city
looking at another building.
Manager Patterson informed the Commission that State Representative Braynon has
indicated that there is possibly some money around if the city was thinking about looking
at Historic City Hall as a museum.
Vice Mayor Taylor asked, has there been any response to the application for up to
$700,000.00?
Manager Patterson indicated that the city had not received a response, but it would take
more than $700,000.00 to redo Historic City Hall.
Vice Mayor Taylor asked, what is the difference in the work description between the
inmates and the Urban Rangers?
Manager Patterson replied, it is basically the same thing. The Urban Rangers are there for
hot spots as well as a regular schedule of grass cutting citywide and so does the inmates.
Of concern to Vice Mayor Taylor was that she'd seen the inmates cutting inside of a
property that was not the city's and that should be the property owner's responsibility.
Manager Patterson said he had no knowledge of inmates doing private property.
Regular Commission Meeting Agenda—10/27/2010 13
Although she'd seen the inmates on private property at Sesame Street and NW 132nd
Terrace, Vice Mayor Taylor said that the real question is who does what in terms of the
Urban Rangers and the inmates.
She expressed her concerns relating to the NW 133`d Street flooding and inquired about a
long term plan for that street.
Manager Patterson stated that the city met with the managers of that property and there's
a problem with the drainage internally as well as externally. The city is working with
them in an effort to come up with a solution to the problem.
Because the county owns the property in question, Mayor Kelley said he had directed the
City Manager to schedule a meeting with Commissioner Jordan's Office. While the road
is outside, there are several factors including the flooding inside the area, but it is a bigger
issue than that because the road leads into other areas where there are cars, junk yards
and all kinds. One of the things he asked the City Manager to do and get back to the
Commission was to get with the county since they own the property to assist with the cost
the city has incurred with the pumping of the water.
Commissioner Tydus expressed her concerns relating to two beautification issues in the
city regarding junk cars parked in front of residential homes and the fact that the
problems are reoccurring at the same addresses.
She asked for an update on the repairs and/or the purchase of the street sweeper?
Manager Patterson stated that the city is looking at leasing a street sweeper and is waiting
on the proposal from the company. Once the proposal is received, he would look at it to
see if its something the city can lease because street sweeper's are very expensive and the
city can rent it with an option to buy probably cheaper than they could purchase it
outright. The life expectancy of that equipment is 10 years and the city's street sweeper is
14 years old.
Commissioner Johnson said she had mentioned that Miami Gardens has a street sweeper
and perhaps the City Manager could get with the administrator to see about doing an inter
agency agreement for that equipment. During that time she also mentioned about a
company she'd seen at Wal-Mart that came out and swept their parking lot.
Manager Patterson stated that the City of North Miami is doing a lease purchase and after
speaking with the City Manager for the City of Miami Gardens they don't have enough
spares to loan the city to do what needs to be done. This equipment is high maintenance
and when they are down there's nobody locally that will rent that piece of equipment.
In response to the statement about the street sweeper being 14 years old, Commissioner
Johnson recalled that in 2003 someone from Public Works indicated that the city had just
bought a street sweeper. Also, she remembered discussion about the city purchasing some
boats which she'd never seen.
Regular Commission Meeting Agenda—10/27/2010 14
Daniel Abia, Director of the City of Opa-locka Public Works Department came forward
and stated that the city only has one street sweeper which is approximately 14 years old.
With regards to the Magnolia North and the Habitat Homes, Mayor Kelley suggested that
the city keep that information on the Website, get an updated listing on how many have
applied and where the city is in the process. Also, he suggested that the City Manager
invite Willie Logan and Habitat for Humanity to give an update at the next meeting.
The City Manager mentioned about the $700,000.00 and that not being enough to restore
Historic City Hall, he said the city had asked the county to look into their Historic
Preservation dollars for funding to help leverage this progress. He asked that the City
Manager provide an update on this matter as to where the city is in that process.
He further asked for a timeline as to when the City Manager would have an update for the
Commission regarding the National League of Cities because he had asked that they look
at the downtown area for development.
Manager Patterson said he would have an update at the next meeting.
Mayor Kelley directed that the City Manager give the Commission the specifics relating
to the funding from OCED. The City Manager was also engaging the owners of the
property on the East side of Segal Park. He asked, were there any new developments on
that matter in terms of a proposal.
Manager Patterson stated that he is waiting on an appraisal of the property.
Mayor Kelley thanked staff for cutting the open front area to that property because it is an
eyesore. He directed the City Manager to let the Commission know where the city is in
the process to develop that area.
He continued by asking for an update on Lakefront at Ingram Park as well as the James
Street Tot Lot Expansion in Magnolia North.
Starex Smith, Director of the Parks & Recreation Department came forward and stated
that the city is on track with the lakefront even though there were some challenges with
the procurement of services but that was worked out. The James Street Tot Lot is on
schedule as well and both projects are scheduled to break ground in November. The parts
and the procurement for the tot lot were ordered.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
bills are being paid as approved. The city maintains a reserve of$565,000.00 in the bank.
All the reports have been included in the packet provided to the Commission.
Commissioner Johnson stated that the Commission adopted an ordinance about a year
ago for staff to hire a firm to collect the outstanding debt. She asked, how much money
and what company is providing the service?
Regular Commission Meeting Agenda—10/27/2010 15
Dr. Orji replied we have not.
Commissioner Johnson suggested that the city move forth with that legislation.
The City Commission instructed the city to pay its bills.
17. OFFICIAL BOARD REPORTS:
Mayor Kelley stated that the Housing Authority met and he wants to make sure the
concerns that came out of that meeting are addressed. He requested that the City Manager
provide a report as to what is being done to address those concerns.
18. CITY ATTORNEY'S REPORT:
Attorney Geller reported on his research of the matter concerning the tax break to Town
Center. The original break was voted on March 5, 2002 when the City Commission
adopted ordinance no. 02-03 approving a five year tax exemption for Town Center OL1,
LLC. In 2007 the Commission adopted ordinance no. 07-09 indicating that the original
ordinance would be modified so the five year exemption commenced on February 9,
2005. The five year period expired on February 8, 2010 and next year's tax bill would
include taxes at the rate that any other commercial property in the City of Opa-locka
would pay coming to the city.
He reported on the ongoing issue with the Personnel Board regarding the Bracy matter
and the progress on the matters involving the Flea Market.
Mayor Kelley directed the City Attorney to make sure that everything is in place so that
the city is collecting the taxes starting in the next cycle since the agreement is up.
Attorney Geller said he would personally follow up with the Tax Collector's Office and
to make sure they know they need to change that status.
Commissioner Johnson stated to the City Attorney that she was glad he did research
because she was not on the Commission in April 2002 as previously indicated.
She asked, what is the holdup with the contract for the Sherbondy Park project manager?
Attorney Geller stated that there wasn't a hold up with the contract.
Commissioner Johnson asked for an update on the CSX issues relating to the
maintenance and noise.
Attorney Geller referred the maintenance to the City Manager; however, in terms of the
sound, the city was asked for reports as to the specific times the trains sound at night. It
was publicly announced at a meeting for residents to report when the trains sound at night
because if CSX can get specific times and dates then there are steps they can take
internally to control that. The city has not received many reports, but the city has a line of
communication with CSX.
Regular Commission Meeting Agenda—10/27/2010 16
Commissioner Johnson recalled from that meeting that that particular action item was
designated to the police department because the police officers are out during those times
so she wants to hear a report on that. Previously she'd asked that the City Attorney get
with the City Manager on the CSX relating to the clean up because the City Attorney
during that time mentioned about another city in Broward County. She directed the City
Manager and City Attorney to follow up on the maintenance and clean up of the railroad.
She further stated that she had asked for all resolutions authorizing the city offices to
relocate to Town Center and she never brought a resolution to move from Historic City
Hall to Town Center. However, she did sponsor a resolution to move from the 3`d Floor to
the 4th Floor.
Commissioner Holmes directed the City Attorney to bring back legislation at the next
meeting to regulate what the Mayor/Commission does in terms of spending the
taxpayer's money for special events by utilizing city employees and the police
department. The legislation is so that the City Commission can vote on the events before
taking it upon themselves to have special events.
With regards to the letter going out to residents, Commissioner Holmes said that it reads
"Home Service is an independent company separate from your local community or
utility". He encouraged the residents to read the letter to see that this has nothing to do
with the City of Opa-locka and to let the city know upon receipt to take some type of
action. He directed the City Attorney to follow up on the letter and find out where it is
coming from to see about putting a stop to it.
Mayor Kelley said that he is aware of other cities that had challenges with the noise and
the horn and the City Attorney referenced one a while back. However, there are some
other cities that had to threaten legal action to get CSX to comply. After the City
Attorney has done due diligence, he said that the city may need to consider legal action to
make CSX comply with the noise and clean up.
19. CITY CLERK'S REPORT:
Commissioner Johnson directed the City Clerk to bring back and provide the City
Manager with a copy of the resolution for the employee memorial walk path because
nothing had been done.
Also, during the monthly meetings between the City Clerk, City Attorney, and City
Manager, they could discuss the action items to be on the same page. She directed the
City Attorney, City Manager and City Clerk to meet which was passed by resolution.
She continued by thanking the City Clerk and her staff for complying with her request to
research items over the years.
Mayor Kelley directed the City Clerk to provide the City Manager and City Attorney
with a copy of the resolution for the Butterfly Garden for Nathan B. Young Elementary
School so that they can set up the final meeting with the school board to fully implement.
Regular Commission Meeting Agenda—10/27/2010 17
20. MAYOR/COMMISSION REPORT:
Commissioner Johnson reported her attendance at the 1St Annual Breast Cancer
Awareness Event. She commended the Community Empowerment Team for showing up
at various sites throughout the city to provide resources to the community.
She continued by saying that she coordinated with the University of Miami free Health
Screening at Historic City Hall.
She further thanked the Mayor for attending the War on Poverty Childhood Obesity
initiative on the 2nd Floor of Town Center which her organization paid the $200.00 and
Blue Foundation will be reimbursing her organization for the rental space.
Commissioner Johnson attended North Dade Middle School community meeting. She
encouraged city employees to stay focus because the City of Opa-locka is on its way.
Vice Mayor Taylor thanked the Commission for their support in her sponsoring the
Senior Roofing Program and all those involved for making this project a success.
She continued by saying that she would not address any of the negative slander put out
about her because she had not placed any slander out against anyone. Also, she will not
address the Villa Francine because anytime that anyone comes forth with not all of the
facts, they have a tendency to say what's in their mouth and what they think its going to
be, but the actual facts is not present. She said she was blamed for collaborating with the
developer and she has a copy of the resolution for approving rezoning of the Villa
Francine property which was signed by the Mayor. As a matter of fact, it was moved by
at that time by Commissioner Kelley and seconded by Vice Mayor Tydus and there
where three votes, but she was not present. Obviously that particular resident doesn't
have the resolution.
Prior to this term, she said she served with two mayors and Mayor Kelley is the third and
never before had any mayor allowed a colleague to read into the record a letter or note
against another colleague especially if that colleague was not present to respond or
defend. But that was done again so there was no respect or integrity with the people she
served with because she didn't notice anyone stopping it.
She further stated that the Brisco / Taylor project held on the 2°d floor was not a new
initiative because just this year in February there was a Teen Summit with three rappers
and she was there and their pants weren't up, but that is how Hip Hop dressed. She
wanted to repeat that because the message behind that is not the saggy pants; the message
is to use a person the young people to bring the non-violence message. This young man is
a Grammy winner and from Opa-locka and that is why she partnered with him so what
better way to bring it home then to bring home people here to address an issue of saving
our children. She directed the City Clerk to read a letter into the record written by a
student from Grace Academy.
Regular Commission Meeting Agenda—10/27/2010 18
Clerk Irby read a letter into the record which expressed a child's appreciation for Brisco's
appearance and speech to the youth relating to stopping the violence in G.O.O.N.
(Getting Over Obstacles Now).
Vice Mayor Taylor stated that it is vitally important that everyone stayed focused on the
issues and not on people because this was just an election.
Commissioner Tydus invited and encouraged participation at Lunch & Learn Cinema on
Saturday, October 30, 2010 @ 12:00 p.m. at 780 Fisherman Street (2' Floor) and the 3`1
Annual 70's Costume Ball on Sunday, October 31, 2010 from 6:00 p.m. — 10:00 p.m. at
Historic City Hall (west lawn).
Commissioner Holmes reflected on President Barrack Obama's statement relating to
acting, speaking and dressing for success.
Clerk Irby read a letter into the record addressed to Mayor Joseph L. Kelley from Miami-
Dade County Public Schools signed by Chief Charles Hurley for the opportunity granted
in allowing them to present the gang abatement efforts at the Regular Commission
Meeting on September 8, 2010 as well as the opportunity to work along side the Opa-
locka Police Department in a proactive effort to address the gang issue (a copy is hereby
made a part of these minutes).
Mayor Kelley reported that he met with Commissioner Barbara Jordan's Office on
Thursday, October 21, 2010 to try and secure additional funding for infrastructure
projects as it relates to the pump stations. He attended the Housing Authority Meeting,
Eastside Crime Watch Meeting, 5000 Role Models of Excellence Project at Nathan B.
Young Elementary and Reading Night Out at Robert B. Ingram Elementary. He hosted a
mock Commission Meeting with Nathan B. Young and Robert B. Ingram Elementary
schools and the monthly Faith Based Meeting.
He continued by saying that so much had been said over the past few weeks and so much
has been said by now about the election. He stated for the record that he was not the
mayor in 2002 nor was he the mayor in 2003. It was read earlier that he moved or
seconded a motion and then the comment about the resolution being signed by the
Mayor, the Mayor in 2002 was Alvin Miller and that document is clear. He reiterated
what he told the Miami Herald when asked "do you have any comments on past things
that have happened to your opponent" and his response was that he would run on his
record.
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
9:44 p.m.
Regular Commission Meeting Agenda—10/27/2010 19
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Regular Commission Meeting Agenda—10/27/2010 20