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HomeMy Public PortalAbout11- November 10, 2010 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING November 10,2010 7:00 P.M. City Commission Chambers 777 Sharazad Boulevard Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, November 10, 2010 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 Dorothy Johnson, Commissioner Gail E. Miller, Commissioner Timothy Holmes and Mayor Myra L. Taylor. Also in attendance were: City Manager Clarance Patterson, City Attorney Joseph S. Geller and City Clerk Deborah S. Irby. Commissioner Rose Tydus arrived at 7:05 p.m. 3. INVOCATION: The Invocation was delivered by Pastor Ranzer Thomas of New Generation Baptist Church. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. APPROVAL OF AGENDA: As a presiding officer of the meetings, Mayor Taylor asked that the commissioners, when speaking during the commission meetings, be cognizant of time in order to move through the agenda expeditiously so that all meetings don't go past 9:00 p.m. She directed the City Manager to make sure all department directors are present at the commission meetings to address any concerns raised. She stated to the City Attorney that she would like the meetings to run in accordance with Robert's Rules of Order. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Regular Commission Meeting Minutes—11/10/2010 1 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Mayor Myra L. Taylor along with the members of the City Commission presented a proclamation to British Mitchell (Brisco) for his contributions to non-violence. 8. APPROVAL OF MINUTES: Regular Commission Meeting— 10/27/2010 It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to approve the minutes of the Regular Commission Meeting of October 27, 2010. There being no discussion, the motion passed by a 5-0 vote. Commissioner Tydus Yes Vice Mayor Johnson Yes Commissioner Holmes Yes Commissioner Miller Yes Mayor Taylor Yes 9. DISTRICT ONE - COUNTY COMMISSIONER REPORT: 10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Mark Benitez of Miami-Dade Fire Rescue Department came forward to address any concerns the city may have had relating to fire rescue. Mayor Taylor thanked Miami-Dade Fire Rescue for their quick response to the recent incident with the apartments on NW 22nd Avenue. 11. PUBLIC PRESENTATION: 1. Beverly Washington Black Global Bikers Association, Inc. re: Special Needs Motorcycle Charity Toy Run Beverly Washington, Vice President of the Black Global Bikers Association, Inc. came forward and invited everyone to the 5th Annual Special Needs Motorcycle Charity Toy Run. She further requested the city's support with this event. Vice Mayor Johnson stated that the city had been a co-sponsor for the past several years and she would bring back legislation at the next meeting. She suggested that Mrs. Washington consult with the local schools in the area for a listing of the special needs students. 11a. CITIZENS' FORUM: Regular Commission Meeting Minutes—11/10/2010 2 1. Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, came forward and stated that he would hope the Commission can work together diligently for the citizens of the City of Opa-locka. 2. Tercena Coke Johnson of 2160 Rutland Street, Opa-locka, Florida, appeared before the City Commission and voiced her concerns relating to a high water bill due to an underground leak which she had no way of detecting. She requested that the city waive the charges. Commissioner Holmes directed the City Manager to have the appropriate staff assist Mrs. Johnson with this matter. 3. Arthaniel Mohammed of 1815 Ali-baba Avenue, Opa-locka, Florida appeared before the City Commission for assistance in getting Miami-Dade County transit to extend the 42 bus route east of NW 22n1 Avenue on Ali-baba Avenue for those seniors who are having a difficult time getting to NW 22°1 Avenue. Vice Mayor Johnson asked for the status on the trolley. Manager Patterson said that the city is entering into a contractual agreement with Miami- Dade County to run the expanded bus service in the City of Opa-locka. He said that he would provide Vice Mayor Johnson with a written response. Vice Mayor Johnson said that she believed the City Manager was speaking about another issue because the trolley was suppose to be from the transportation monies received several years back to be run by the city. The trolley would be a complimentary service provided to the citizens. 4. Kirkland Clear of 20861 NE 9 Court, Miami, Florida, came forward for information regarding sealing and expunging his felony record. Mayor Taylor suggested that Deputy Chief Burden speak to Mr. Clear about sealing and expunging his record. 12. ACTION ITEMS (items from consent agenda pull list): 13. NEW ITEMS: 14. PLANNING & ZONING: A. HEARINGS: B. APPEALS: Regular Commission Meeting Minutes—11/10/2010 3 15. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: B. SECOND READING/PUBLIC HEARING: C. RESOLUTION/PUBLIC HEARING: 16. ADMINISTRATION: CONSENT AGENDA: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MIAMI-DADE COUNTY FOR THE PROVISION OF WHOLESALE SANITARY SEWAGE SERVICE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above consent agenda resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the above resolution. The motion passed by a 5-0 vote. Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor Yes A. CITY MANAGER'S REPORT: Manager Patterson informed the Commission that the packet addresses their concerns from the October 27, 2010 commission meeting. He highlighted several of the concerns dealing with the demolition at Villa Francine; working with Commissioner Barbara Jordan's office to obtain monies to rehab Historic City Hall; working on resolving the mold at Historic City Hall to prevent it from further deteriorating;job responsibilities for the Urban Rangers and the Inmate Labor Crew; and finalizing the final contract with CSX for the maintenance of the right of ways. Vice Mayor Johnson asked whether the city received a response as it relates to the application submitted for historic preservation grant for Historic City Hall. Manager Patterson advised that the city had not received a response yet. Regular Commission Meeting Minutes—11/10/2010 4 Vice Mayor Johnson stated that she didn't believe the city was on the short list for the historic preservation grant because the Historic Hampton House sent out their list today. In the future when the grant comes out, she said she would like to get Terry Parker from Miami-Dade County Grant Compliance to assist the city with the grant application because the city did make the short list when Mr. Parker helped out before. This assistance was at no cost to the city and is a great resource. She continued by expressing her concern relating to the community's appearance and the maintenance of city facilities to include the landscaping and the exterior of the buildings. Before addressing the upkeep of properties citywide, the city must first maintain its own facilities. Commissioner Tydus expressed her appreciation for the plan of action relating to the junk vehicles and expired tags on vehicles illegally parked. With regards to the fire on NW 22nd Avenue, she said she was concerned because she never received a telephone call and had to learn about the incident from the news media on television. In the past for incidents of such the Commission was notified. Although she didn't know what the breakdown in communication was, she said she would appreciate if this did not happen again. Mayor Taylor asked for clarification on the City Manager's report relating to CSX. Manager Patterson stated that the city is waiting for CSX to finalize the contract and as soon as he receives it back he would place it on the agenda for approval. The contract is to maintain all of the CSX right of ways. Mayor Taylor piggybacked on Commissioner Tydus concern relating to the breakdown in communication with the Commission on situations and issues that occur in the city. She said that it was disrespectful for the Commission to learn about a major incident on NW 22nd Avenue from the news because she didn't receive a formal telephone call from anyone but received the information from a resident. She asked, what is the order of communication? She continued by saying that basically the Commission has been used to getting all information from the City Manager. As far as police is concerned, she doesn't look to them or anybody else but she does look to the City Manager to provide the information. She requested that the City Manager go back to the normal chain of command when it comes down to giving information to the Commission. B. ACCOUNTS PAYABLE: Ezekiel Orji, Director of the City of Opa-locka Finance Department came forward and stated that all city accounts are being paid properly and the city is continuing to maintain Regular Commission Meeting Minutes—11/10/2010 5 the reserve of $565,000.00. He advised that additional reports from the Finance Department are contained in the booklet provided. Vice Mayor Johnson asked, what is the reporting process for money collected on behalf of the city (i.e. fundraising for city events)? She said she spoke to individuals who have never received an acknowledgment letter from the city indicating the amount of their contribution. Dr. Orji stated that any contribution made on behalf of an event is credited to that particular event. During his tenure with the city, they have not given out any letter of acknowledgment to any donor who has donated to this city for any event. However, he would be glad to start doing that. Vice Mayor Johnson stated that there needs to be a process for reporting contributions and she would contact the city's auditor to inquire on how that is being reported. Dr. Orji informed the Commission that the city does keep records of all donations but they have not been acknowledging that receipt. 17. OFFICIAL BOARD REPORTS: John Riley, Chairman of the Civil Service Board for the City of Opa-locka came forward and stated that the board was unable to meet the last time due to the lack of a quorum. The following meeting is scheduled for November 18, 2010 to deal with the compensatory time issue at the request of the Commission. He said that one of the board member's father was injured and that member will not be able to attend the next meeting; therefore, he requested that the Commission consider appointing Patricia Ellis to the Civil Service Board. As chairman of the city's Housing Authority, Mr. Riley said that a meeting was recently held and he hopes to have another meeting. Finally the City Manager has consented to air the last meeting in hopes of getting greater participation from the residents. With regards to the Charter Review Board, he asked that the Commission allow the City Attorney to gather the last court order dealing with the city's charter amendments so that a resolution can be passed and sent to Municipal Code Corporation to get the code in order so that those portions of the charter ruled invalid can be taken out of the charter. Vice Mayor Johnson asked, has Mrs. Ellis applied via board application for any of the committees? Mr. Riley stated that in 1985 the Commission initiated the application for persons not known to the Commission during their appointment; but an application was not required for persons known to the Commission. Regular Commission Meeting Minutes—11/10/2010 6 Mayor Taylor stated that the requirement for a board application as stated by Mr. Riley sounds like an inconsistent process. The city should have a consistency that everyone would have an application for serving on all boards and/or committees. Mr. Riley stated that Patricia Ellis will fill the vacancy created by Dr. Allen's resignation to the Civil Service Board which is a position appointed by the City Commission at large. It was moved by Commissioner Holmes, seconded by Commissioner Gail Miller to appoint Patricia Ellis to the Civil Service Board. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor Yes 18. CITY ATTORNEY'S REPORT: Attorney Geller reported on the matter from Home Serve who is offering water line coverage; concern raised by Vice Mayor Johnson regarding charitable solicitation for a standardized process; and Commissioner Holmes request at the last meeting for a resolution for a procedure on special events when utilizing city employees. In terms of additional matters, he said that unfortunately there's a new lawsuit filed against the city by two former police officers of the city terminated approximately two years ago who are alleging discrimination and retaliation. This matter will be discussed further with the police department and he will have the matter dealt with appropriately. He reminded the Commission that he has mediation scheduled with the Flea Market on both as to their action with the city and as to the city's action filed to collect monies owed. After consulting with several members of the Commission as oppose to trying to squeeze in an executive session, it's been expressed to him that they preferred individual one on one meetings which he would be setting up. He is hoping to resolve both matters and not have attorney fees and collect monies owed to the city. Commissioner Miller directed the City Attorney to bring back a resolution at the next commission meeting for the MLK Walk held in January. Vice Mayor Johnson directed the City Attorney to bring back a report on the process for charitable solicitation; a resolution for requiring volunteers to complete an application to serve on boards and/or committees; a resolution in support of the annual toy drive and a resolution for her Holiday in the Park event. Regular Commission Meeting Minutes—11/10/2010 7 She further stated that she would like to know what the city is doing to retrieve the outstanding debt owed to the city. The city adopted legislation months ago to go out and make sure the outstanding debt is collected. Attorney Geller said he would meet with Finance and have that information available at the next meeting. 19. CITY CLERK'S REPORT: 20. MAYOR/COMMISSION REPORT: Vice Mayor Johnson gave the City Manager direction to inquire about the cost to have a retreat and provide her with the information so that she could sponsor the legislation. She continued by saying that the city is really in need of team building, cohesiveness and for everyone to be on the same page in order to move forward. She reported that she would be continuing to work diligently to bring additional resources to the city. In addition, she requested that the ad for the University of Miami Pediatric Mobile Unit is publicized in the Miami Herald. She emphasized the importance of good health & wellness and with that she would like to see the Opa Steppers go to another level. As it relates to the Parks & Recreation Department, she said she was notified by the Youth Violence Coalition that Mr. Smith's program was awarded a portion of the DJJ grant. For public awareness, she informed everyone of an alcoholic drink called "4 loco" being sold in local stores to minor children in the community including elementary school aged kids. She directed the City Attorney to bring back legislation on this matter and for the City Manager and Police Department to address the issue. In response to Mayor Taylor's request that city business at commission meetings be conducted and completed by 9:00 p.m., Vice Mayor Johnson said that the Commission meets twice a month and as a representative for the people she would not put a time limit on what she has to say. Commissioner Holmes thanked the citizens for re-electing him as Commissioner of the "great" City of Opa-locka. He stated that he would continue to work with the Commission for the betterment of the community. Commissioner Miller thanked the citizens for electing her as Commissioner of the City of Opa-locka and she too would work with the Commission for the welfare of the citizens. She informed the City Manager that her water pressure at home is very low. Manager Patterson advised Commissioner Miller that WASA is repairing a water main which affects the surrounding communities. Regular Commission Meeting Minutes—11/10/2010 8 Mayor Taylor directed the City Manager to make sure the information relating to the water is aired on the city's cable channel so that the residents are aware of what is going on. Vice Mayor Johnson directed the City Manager to also utilize CodeRed to get the information out to the residents. Through discovery, she said that the letter from Miami- Dade County about this matter did not have the City of Opa-locka on the email of notified entities. She asked the City Manager to look into that issue and bring back a report. She continued by thanking the citizens for re-electing her as Vice Mayor of the City of Opa-locka. Commissioner Tydus thanked staff, sponsors, and committee members who worked very hard to make the 70's Costume Ball a huge success. She announced that the Lunch & Learn Cinema is cancelled for the months of November and December due to the holidays. She congratulated the re-elected officials and said that she was really looking to working with them in unity for her last two years. Vice Mayor Johnson asked for clarification on Mr. Riley's request related to the Charter. Attorney Geller stated that there was a court case that invalidated certain ordinances properly adopted. Mr. Riley suggested and thinks it's a good idea to have a resolution of the Commission which he would prepare for the next meeting to allow the city to notify the Municipal Code Corporation. Vice Mayor Johnson directed the City Attorney to bring the matter back to the Commission. Both Mayor Taylor and Vice Mayor Johnson asked whether a resolution was necessary. Attorney Geller said that the Commission would have to vote on this issue. It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to direct the City Attorney to prepare a resolution for the Commission to vote to clean up the invalid sections of the code by advising Municipal Code Corporation. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Regular Commission Meeting Minutes—11/10/2010 9 Mayor Taylor Yes It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to cancel the Regular Commission Meeting of November 24, 2010 in observance of the Thanksgiving Holiday. There being no discussion, the motion passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to cancel the Regular Commission Meeting of December 22, 2010 in observance of the Thanksgiving Holiday. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor Yes 21. OFFICIAL BOARD APPOINTMENTS: 22. ADJOURNMENT: There being no further business to come before the City Commission it was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to adjourn the meeting at 8:25 p.m. AYOR ATTEST: — CITY CLERK Regular Commission Meeting Minutes—11/10/2010 10