HomeMy Public PortalAbout02- February 23, 2011 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
February 23,2011
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, February
23, 2011 in the City Commission Chambers, 777 Sharazad Boulevard, Opa-locka,
Florida.
2. ROLL CALL:
The following members of the City Commission were present: Commissioner Rose
Tydus, Vice Mayor Dorothy Johnson, Commissioner Timothy Holmes and Mayor Myra
L. Taylor. Also in attendance were: City Manager Clarance Patterson, City Attorney
Joseph Geller and City Clerk Deborah S. Irby. Commissioner Gail Miller was not in
attendance.
3. INVOCATION:
The Invocation was lead by Pastor Jonas Pierre.
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):
Vice Mayor Johnson pulled item 16-1, 16-4, 16-5 and Commissioner Holmes pulled 16-
6, 16-7, 16-8, 16-9, 16-10, 16-11 from the consent agenda (these items would be
discussed separately under agenda item 12—Action Items).
Commissioner Holmes continued agenda item 16-3 to the next commission meeting.
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Regular Commission Meeting Agenda—02/23/2011 1
Vice Mayor Johnson Yes
Commissioner Miller Not present
Commissioner Tydus Yes
Mayor Taylor Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
On behalf of Commissioner Timothy Holmes and members of the City Commission,
Assistant City Clerk Joanna Flores and Deputy Clerk Sha'mecca Lawson presented a
commendation to Mark Brown for his heroic efforts that lead to the capture of the driver
of a deadly hit and run accident.
8. APPROVAL OF MINUTES:
Special Commission Meeting—02/03/2011
Regular Commission Meeting—02/09/2011
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve
the minutes of the Special Commission Meeting of February 3, 2011 and the Regular
Commission Meeting of February 9, 2011.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Not present
Mayor Taylor Yes
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner of Miami-Dade County Barbara Jordan's Office (District 1) came forward
to address any concerns from the Commission.
Vice Mayor Johnson asked for an update on the information for the housing and the
signage?
Mr. Gardner said he would provide a report at the next commission meeting.
Vice Mayor Johnson apologized for not being able to attend Commissioner Jordan's
Valentine's Day event because of a scheduled CAA meeting.
10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
Chief Mardese came forward and requested an email address to forward the 2010 Report
from Miami-Dade County Fire Rescue as mentioned at a previous meeting by Battalion
Chief Danny Cardeso.
11. PUBLIC PRESENTATION:
Regular Commission Meeting Agenda—02/23/2011 2
1. Alvin Burke of 540 Sharar Avenue, Opa-locka, Florida, came forward and
expressed his concerns relating to agenda item 16-2 for the purchase of property near
Segal Park and agenda item 16-12 designating surplus property.
Commissioner Holmes apologized for not pulling agenda item 16-2 from the Consent
Agenda to be discussed because that was one of the items he had concerns about and
would not support.
11 a. " CITIZENS' FORUM:
1. Prophetess Celeste Fitzpatrick of 2523 Opa-locka Boulevard, Opa-locka, Florida,
appeared before the City Commission and voiced her concern relating to the suspension
of the Chief of Police. Due to the recent violent attacks on senior citizens at Gardenia
Gardens, she requested that the owner of the facility is contacted for on-site security.
2. Attorney Phil Mandina, long time friend of Cheryl Cason and a part time police
officer for the Opa-locka Police Department came forward and made reference to the
memorandum from the City Manager to Chief Cason. He noted that all those items
enumerated in the memorandum were complied by the Chief of Police when she backed
out and cracked the mirror of her vehicle at 5:30 a.m. In terms of contacting the City
Manager to report the incident, it was 5:30 in the morning, but she did call the police and
obtained a card for the report. He stated that the City Manager does not live in Opa-locka
and according to Article III, Section 27 of the Charter, the City Manager need not be a
resident of Opa-locka, but during his tenure of office he shall reside in the city. The City
Manager has been with the City of Opa-locka for a year and he is not the City Manager
because he doesn't comply with the Charter. In addition, the reason that Chief Cason
made a compliant to the city was because the City Manager wanted to investigate the
police department, and according to the Charter the proper people to investigate the
police department is the Personnel Board.
Because of the condition of the City Manager, he advised Chief Cason that she should go
back to work and forget the suspension because it is illegal.
3. LaRhonda Clark, sister of Cheryl Cason, of 2754 NW 60th Street, Miami, Florida,
came forward and spoke on behalf of Chief Cason indicating that the actions taken by the
City Manager were unfair.
4. Nathaniel Mohammed, resident of the Magnolia North area came forward and
suggested that the Opa-locka Express route include a stop in the Triangle area. He noted
that his previous concern was that the bus stop was on NW 22nd Avenue and Ali-baba
Avenue and it was difficult for some of the residents in the Triangle area to make it to the
bus stop.
Vice Mayor Johnson recalled that Mr. Mohammed appeared before the City Commission
at least 2 times in the past and prior to the bus circulator starting, she stressed the
importance of including that area on the route. Apparently none of that information was
executed and she would like an answer as to why that area wasn't included.
Regular Commission Meeting Agenda—02/23/2011 3
Manager Patterson stated that the last time he reported on this issue, he followed through
to make sure Magnolia North was included in the North route. But he also stated that
what they did initially was not etched and stone and the city can change the route any
way it deems necessary. The route does include stops in the Magnolia North area
although it may not be exactly where Mr. Mohammed would like for them to be, but the
city can certainly include additional stops.
Vice Mayor Johnson asked, where are the stops in the Magnolia North area?
Fritz Armand, Public Works Director for the City of Opa-locka came forward and stated
that the area referenced is a part of the North Route which has not started yet. However,
the city did take the advice of the Vice Mayor to make sure stops are included in the
senior citizens areas. The north route would begin on February 24, 2011 and the residents
in the area would be able to see those stops.
Vice Mayor Johnson asked if the bus circulator doesn't start until February 24, 2011, why
did she see the Opa-locka Express riding back and forth through Opa-locka?
Mr. Armand explained that the city has a north and south route and what Vice Mayor
Johnson had seen was the south route; the north route will begin on February 24, 2011.
The city is taking this week to work out the kinks and have the grand opening in the near
future.
Vice Mayor Johnson recommended that in working out the kinks that the city get citizen
participation. She highly suggested that all city projects get as much citizen participation
as possible. Previously she mentioned that Walgreen, Wal-Mart and the local
Laundromats be included as a part of the route.
Mr. Armand said he would do what is necessary to make sure the city serves the people.
Commissioner Holmes directed the City Manager have someone get with the residents in
that area to get their input on the route.
Mayor Taylor asked, does the route include areas outside of Opa-locka?
Manager Patterson said that the routes do go outside of Opa-locka in that the South route
goes to Miami-Dade College and the North route goes to Walgreen.
5. John Riley of 2963 NW 135 Street, Opa-locka, Florida, appeared before the City
Commission and expressed his concerns relating to the suspension of the city's Chief of
Police. He questioned the Commission as to what rule, ordinance, provision or policy was
violated. He was of the opinion that to suspend an officer for a cracked side mirror is
nothing but pure pettiness.
6. Pamela Strain, resident of Ingram Terrace Apartments located at 3130 NW 131
Street, Opa-locka, Florida, appeared before the City Commission and stated that she
came before them in the early part of last year regarding the flooding on NW 131 Street.
She asked for an update on the flooding?
Regular Commission Meeting Agenda—02/23/2011 4
Mayor Taylor said to Ms. Strain that the flooding on that street has been one of her pet
peeves. She explained that the county road is lower than NW 131 Street; however, the
City Manager would have staff to speak with her about the future plans for NW 131st
Street.
7. David Norris, a city employee of 260 Perviz Avenue, Apt. 18, Opa-locka, Florida,
inquired about the employee discount program. In addition, he spoke about the recent
hired city personnel and said that he didn't want to be forgotten about as an employee. He
further spoke about a cost of living increase for city employees and annual evaluations.
Mayor Taylor directed the City Manager to cover some of Mr. Norris' concerns during
his report.
Commissioner Holmes said that the city must first get the money in the budget from the
taxes in order to give the employees a raise. With the State of Florida Governor preparing
for budget cuts which would impact both the county and the city, therefore, the city
would not be able to do much more.
Although Mr. Norris understood what Commissioner Holmes said in terms of the budget,
but in looking at the recent actions the city took in hiring individuals, then that leads the
employees to question certain things.
Because Mr. Norris was more concerned about enhancing his cost of living, Vice Mayor
Johnson said that hopefully the City Manager through the Human Resources Department
would have an answer.
Mayor Taylor said that the city must work on seeing what businesses are amenable to
giving discounts to employees.
Attorney Geller explained that the City Commission adopted a resolution authorizing the
city to work on an employee discount and his understanding is that there have been
solicitations made.
Vice Mayor Johnson added that Nelson had been working on this item.
Mayor Taylor asked, is there a list of businesses who have agreed to give the discounts to
city employees?
Manager Patterson replied, not to my knowledge.
Mayor Taylor suggested that the city send someone out to the businesses again.
Manager Patterson agreed to do so.
Mayor Taylor said that there are places providing discounts to employees. She directed
the City Manager to send someone out to the businesses to see if they can be community
friendly.
Regular Commission Meeting Agenda—02/23/2011 5
Vice Mayor Johnson stated that the Employee Discount Program is not something new
and she knows of at least six businesses and Nelson has a list because he has been
working on this, but it has not been executed just like many other things in this city. She
suggested that the city fast forward this program.
12. ACTION ITEMS (items from consent agenda pull list):
Vice Mayor Johnson requested that the Commission pull item 16-2 from the consent
agenda to allow for discussion.
Attorney Geller advised that the agenda can be amended but it still requires a vote.
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to amend the
agenda to pull item 16-2 from the consent agenda for discussion.
There being no discussion, the motion passed by a 4-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes Yes
Commissioner Miller Not present
Mayor Taylor Yes
16-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR
PROPOSALS (RFP) TO SOLICIT PROPOSALS FROM QUALIFIED BANKING
INSTITUTIONS FOR A "TAX EXEMPT FIXED RATE LOAN" TO FUND AN
AMOUNT NOT TO EXCEED EIGHT MILLION DOLLARS ($8,000,000.00);
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EI-FECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to pass the
above resolution.
Being in support of the above resolution, Vice Mayor Johnson recalled that during the
budget presentation it was mentioned that any hiring would come back to the
Commission. She further questioned the City Manager about having three assistant city
managers.
Manager Patterson indicated that he did not have three assistant city managers.
Vice Mayor Johnson mentioned that Ed Brown, Dr. Ezekiel Orji and Starex Smith are
assistant city managers.
Manager Patterson clarified that Starex Smith was an assistant to the city manager.
Regular Commission Meeting Agenda—02/23/2011 6
Vice Mayor Johnson corrected herself and stated that the City Manager has two Assistant
City Managers and two Assistants to the City Manager. She asked, what does the charter
require?
Manager Patterson said he could not respond to the question and that Vice Mayor
Johnson should ask John Riley.
Vice Mayor Johnson expressed her concerns with a city of Opa-locka's size having that
many assistant managers, having dual titles which go along with compensation and
having three grant writers. She asked, how would the Commission know, if they only
receive monthly reports, what will be the use of the money?
Manager Patterson said he could provide the monthly reports, but the Commission also
has the right to specify what that money should be spent for.
Vice Mayor Johnson said she didn't want the city to say the money would be used for
one thing then it changes and comes back to get rectified.
Manager Patterson stated that the bond counsel is present and he can answer that
question.
From 1994, Vice Mayor Johnson said there has been a lot of legislation that protects
cities as to what they can and cannot do.
Pedro Miranda, bond counsel for the City of Opa-locka came forward and stated that the
ordinance would specifically reflect what the monies would be used for. As drafted, the
ordinance says the monies could only be used to refinance the 1994 bonds, those monies
would be put in an escrow account and those monies can only be used for those purposes.
The remainder of the money, if the Commission decided to move forward with the new
money portion of the financing, would also be placed in a separate account and be used
specifically to finance the projects listed in the ordinance. The city doesn't have to
finance all those projects, however, the city cannot use those monies to finance anything
but those projects listed.
Vice Mayor Johnson asked, would that money earn interest?
Mr. Miranda deferred that question to the city's financial advisor.
Vice Mayor Johnson asked Mr. Miranda if he is hired by the City of Opa-locka to work
on the city's behalf?
Mr. Miranda stated that he works on the city's behalf essentially on the legal
documentation for the city to be able to obtain this specifically tax exempt loan which is
another factor that goes into what the money can be used for. For example, the opinion
that his firm will give that the bonds are tax exempt ties to the IRS and his firm will not
be able to give that opinion if the monies from the loan were to be used for operating
expenses.
Regular Commission Meeting Agenda—02/23/2011 7
Vice Mayor Johnson asked, how does the bond counsel share that information with the
City Attorney?
Attorney Geller explained that the city has been in touch with bond counsel and as
mentioned at the workshop, they asked bond counsel in the proposed resolution and
ordinance that they drafted, which will not come before the Commission until the RFP is
sent out and comes back, to specifically change the language. Notwithstanding what
federal law requires, the city asked bond counsel to include a provision that says by the
city's law that the money could only be used for those purposes.
Vice Mayor Johnson stated that this type of dialogue and information is so crucial that it
must be put on record.
Once the ordinance comes up, Mr. Miranda said he would be willing to go through the
ordinance explaining what everything is and it would include language to say that the
money would only be used for capital improvements and may not be used for operating
expenses of the city.
Vice Mayor Johnson said it is important for this information to become a part of the
record, therefore, it would become a part of the minutes and there you have the paper
trail.
Ed Marquez of FirstSouthwest Company came forward and explained that the proceeds
of the loan that will be dedicated for the capital projects would be deposited to a city
bank account and it would be interest earning. The interest earnings off those monies will
be restricted to those same capital projects.
Vice Mayor Johnson requested that the language in terms of the earnings be a part of all
documentation as well.
As official notification from the city, Attorney Geller stated to Mr. Miranda that if there
is any ambiguity in the language as to the interest earned to please be sure that both the
resolution and ordinance would clear that up and that is on the record.
Of concern to Commissioner Holmes was that fact that this was the fourth time this item
was on the agenda for consideration. The current bond is 5.3 Million Dollars and the city
is talking about refinancing a bond for 8 Million Dollars, but if the city wants 2 Million
Dollars than that would be a total of 7.3 Million Dollars. There's another $600,000.00 out
there that nobody is talking about. Because of the recent budgets cuts by the State and
County which would affect the city financially, he said he would not support this
resolution because the city would be unable to repay it.
Commissioner Tydus recalled that this Commission beat this administration and the past
administration over the head and directed them to explore creative means to generate
additional revenues for capital improvements. This is simply in response to what the
Commission directed the administration to do. This resolution is not obligating the city to
anything; it is simply giving the administration the go ahead to solicit an RFP. This is to
refinance a financial situation the city is already in to perhaps relieve some of the burden
depending on the interest rates and other variables.
Regular Commission Meeting Agenda—02/23/2011 8
She reiterated that this resolution is to allow the administration to solicit proposals from
qualified banking institutions to provide information for them to be able to make an
intelligent decision. She said she is in support of this resolution for those reasons
indicated.
According to documentation provided by staff, Vice Mayor Johnson stated that the city
owes 5.8 Million Dollars and if you add 2.2 Million Dollars than that would give you the
8 Million Dollars. She stated to the attorney that she previously mentioned that she is not
only in support of just going to a bank because she would like to explore either a bank or
an underwriter, but she noticed the language in the RFP did not change.
She asked, how could the document be revised to include underwriters?
Attorney Geller advised that he could put anything the Commission wants, but it is his
understanding that the time frames for response from the two different kinds of
institutions don't match and that's the only difficulty he is having in trying to figure out
language. Apparently there is some technical issue with when the proposals come back
and when the city can get the information, therefore, he needs to defer this to the City
Manager, his staff and consultants because it is a technical issue.
Manager Patterson concurred with Attorney Geller. He added that there is a substantial
difference in the time frames and cost between the two.
Attorney Geller said that the cost was not an issue to him because he could word the
document as such, but it is the timeframe that is inconsistent. Not being the expertise in
this matter, he said he heard something about the banks in responding would only need
the proposals open for a certain period of time and in order to get the information to
proceed forward with an underwriter because of the rating process that takes place, the
rating itself would push the information they received in response to the RFP pass the
expiration deadline of any proposals received from the bank. This is his only issue in
working the document.
As bond counsel and because of the rules out there, Mr. Miranda said he had to be careful
not to step over the line from legal advice on the bond side of things to the financial
advice
Mr. Marquez explained that when cities issue RFP for debt they either go the bank route
or the underwriter route. Under the bank route, the city is asking banks to come up with a
proposal and the process takes approximately 45 days. In selecting an underwriter, they
come in and at that point and time the underwriting process starts. They have to do their
due diligence which takes approximately a 4 month process. The reason for
recommendation the bank route first is because given the size of the transaction and the
term, banks historically have been more cost effective, approximately $120,000.00
cheaper.
Commissioner Holmes clarified that as he stated earlier the document provided by staff
indicates that "the amount outstanding of the Series 1994 Bond is $5,320,000.00". And
further down in that same document, it indicates that the city wants $2,000,000.00.
Regular Commission Meeting Agenda—02/23/2011 9
Mayor Taylor said that question is whether the Commission votes on going out for an
RFP with no obligation on the city.
There being no further discussion, the motion passed by a 3-1 vote.
Commissioner Miller Not present
Commissioner Tydus Yes
Commissioner Holmes No
Vice Mayor Johnson Yes
Mayor Taylor Yes
Mayor Taylor requested that the City Clerk also include the advertisement in the Miami
Times.
16-2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA TO AUTHORIZE THE CITY MANAGER TO OFFER TO
PURCHASE THE VACANT LOT NEAR SEGAL PARK FOLIO NO. 08-2122-000-
0021, 22 52 41 1.597 OF SE, 'A OF NW 'A LYING SOUTH OF BLK 340, PB 50-5
LESS SOUTH 85 FEET AND LESS EAST 75 FEET, CONTAINING
APPROXIMATELY 1.5 ACRES, FOR THE AMOUNT OF TWO HUNDRED
TWENTY THOUSAND DOLLARS ($220,000.00), PAYABLE FROM ACCOUNT
NUMBER 19-519610; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to pass the
above resolution.
Vice Mayor Johnson said previously it appeared that an independent appraisal was
conducted on this property and the information is now included in the packet, but was not
included in the previous packet. She said that the value of the property from the appraisal
is a little over $300,000.00. Originally the property was purchased for approximately
$40,000.00. She recalled that as a child the property including the property where the
Helen L. Miller Center is on was a canal and she thought nothing could go on the
property, but the Helen L. Miller Center was built there.
She continued by saying that it is her understanding that the city is purchasing a property
for $220,000.00 which is currently appraised at $381,000.00 and it is crucial to include
that appraisal documentation.
Commissioner Holmes stated that this is the fourth time this item has been before the
City Commission. Miami-Dade County has appraised this land at $150,000.00 and the
individual who purchased the land from the county paid $60,000.00. The City of Opa-
locka has liens on the property and the property has unpaid taxes. This land is no good
and the Helen L. Miller Center is not being used because the land is no good causing the
floor to shift and cave in.
Regular Commission Meeting Agenda—02/23/2011 10
Vice Mayor Johnson asked, what is the city's purpose in purchasing this land?
Manager Patterson said that the plan for this property is to expand the park.
Vice Mayor Johnson asked, is a building going to be built on this property?
Manager Patterson replied, no.
Vice Mayor Johnson said she only referred to the Helen L. Miller Center because the
original plans for that building was for a two story building and it became a one story.
She made reference to documentation in the packet from C & C Appraisal, Inc. which she
looked up and it is a legit business that does appraisals throughout the State of Florida.
Mayor Taylor reiterated what the City Manager stated that the purpose of the land is to
extend the park. The city is not buying it for the tax assessed value because no one buys
property at the tax assessed value; it is always a percentage above.
Commissioner Holmes stated that the ground at Segal Park is uneven.
Mayor Taylor asked, is the ground going to be prepared for a park?
Faye Douglas sitting in for Manager Patterson replied, yes.
Commissioner Tydus said she was appreciative of the Vice Mayor bringing out the
information as far as the appraisal is concerned. The improvements earmarked for Segal
Park and the entire Magnolia area, the purchase of this property to expand the park can
do nothing but enhance the improvements already in progress for that park and area.
There's a lot of growth and development in that area and this is looking ahead in
preparing for that growth and development that the residents are ultimately going to
benefit from. She said she was a member on the Commission when the construction at
Segal Park was going and she would not get into all the shady shenanigans going on
during that time that resulted in the problems with the Helen L. Miller Center. If the city
does not practice those same ill faded practices, plan and fill properly then they won't
have a problem.
She continued by saying that the Commission should look at the growth and development
in that area and what that park is going to provide for the residents of that area.
There being no further discussion, the motion passed by a 3-1 vote.
Commissioner Holmes No
Commissioner Miller Not present
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
16-4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CAR
WASHING SERVICE FOR CITY OWNED VEHICLES; PROVIDING FOR
Regular Commission Meeting Agenda—02/23/2011 11
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by D.J.
The above resolution was read by title by Attorney Geller.
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to pass the
above resolution.
Although she didn't get a chance to review the RFP document, Vice Mayor Johnson said
she was glad the City Clerk's Office did bring a copy. Because the city doesn't have a car
wash vendor, it is necessary to have one for city vehicles. Instead of the city vehicles
going to multiple vendors for car wash, this would allow for the RFP process to take
place for the Commission to choose a centralized place.
There being no further discussion, the motion passed by a 3-1 vote.
Commissioner Holmes No
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Not present
Mayor Taylor Yes
16-5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING AND AUTHORIZING A FUNDING REQUEST
MADE BY YOUTH CO-OP, INC., FOR ITS EMPLOYMENT ASSISTANCE CENTER
IN THE AMOUNT OF , PAYABLE FROM ACCOUNT NO. 19-
519554; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by D.J.
The above resolution was read by title by Attorney Geller.
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to pass the
above resolution.
Vice Mayor Johnson said she previously sponsored the resolution for Youth Co-Op, Inc.
but she would like the Commission to provide the amount.
Although he was in support of the Youth Co-Op, Inc., Commissioner Holmes said he
could not support the resolution because of the economy and the way the city's budget is.
Mayor Taylor said that the city wants to help Youth Co-Op, Inc. but are they capable now
of doing the same thing the city did last year.
Faye Douglas, Budget Administrator for the City of Opa-locka said that last year the city
donated $10,000.00 to Youth Co-Op, Inc. and as it stands now the city doesn't have
anything budgeted in terms of donations to non-profits. She said that anything the
Commission does now would have to be a part of the budget amendment. The city can
donate anything between 5 — $10,000.00.
Regular Commission Meeting Agenda—02/23/2011 12
Following brief discussion to authorize the funding request for Youth Co-Op, Inc. in the
amount of $7,000.00, Mayor Taylor called Sylvia Daughtrey of Youth Co-Op, Inc. to
come forward. She apologized to Mrs. Daughtrey for not being able do what was done
last year. She said the city needs Youth Co-Op, Inc. because they provide job assistance
and other services for Opa-locka residents. She encouraged the Commission to meet with
Mrs. Daughtrey to get a contact list of those individuals who control the money so that
they can contact them.
There being no further discussion, the motion passed by a 3-1 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes No
Commissioner Miller Not present
Mayor Taylor Yes
16-6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH WILLIAMS PAVING CO. INC. FOR CONSTRUCTION OF
FENCING AND WOOD PILE RAILING AS PART OF THE INGRAM PARK
LAKEFRONT IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED
SEVENTEEN THOUSAND NINE HUNDRED DOLLARS ($17,900.00), PAYABLE
FROM ACCOUNT 44-541815; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EH-ECTIVE DATE. Sponsored by C.M.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
During the commission meeting of February 9, 2011, Commissioner Holmes said he
asked if the city had grant monies that needed to be spent by April 2011 and nobody
knew anything about it. He requested for an explanation on the above resolution.
Manager Patterson explained that this is grant money and items 16-6, 16-7, 16-8 and 16-9
are all related.
Commissioner Holmes asked, by when does this grant money have to be spent?
Manager Patterson replied, by the end of April 2011.
There being no further discussion, the motion passed by a 3-0 vote.
Commissioner Holmes Yes
Commissioner Miller Not present
Vice Mayor Johnson Yes
Commissioner Tydus Out of room
Mayor Taylor Yes
16-7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
Regular Commission Meeting Agenda—02/23/2011 13
AGREEMENT WITH WILLIAMS PAVING CO. INC. FOR PAVILION
RENOVATION AND MISCELLANEOUS CONSTRUCTION AT INGRAM PARK, IN
AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND EIGHT HUNDRED
DOLLARS ($17,800.00), PAYABLE FROM ACCOUNT 44-541815; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Miller Not present
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH JVA ENGINEERING CONTRACTOR, INC. FOR UPGRADING
THE PARKING LOT AT INGRAM PARK LAKEFRONT, IN AN AMOUNT NOT TO
EXCEED FOURTEEN THOUSAND EIGHT HUNDRED AND SEVENTEEN
DOLLARS AND SEVENTY-EIGHT CENTS ($14,817.78) PAYABLE FROM
ACCOUNT 44-541815; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Not present
Mayor Taylor Yes
9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH HURRICANE IRRIGATIONS SYSTEMS, INC. FOR
LANDSCAPING AND IRRIGATION IMPROVEMENTS AT INGRAM PARK, IN AN
AMOUNT NOT TO EXCEED THIRTY TWO THOUSAND THREE HUNDRED AND
EIGHTY FOUR DOLLARS AND SIXTY CENTS ($32,384.60), PAYABLE FROM
Regular Commission Meeting Agenda—02/23/2011 14
ACCOUNT 44-541815; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
Commissioner Holmes directed the City Manager to provide an explanation in person on
the following day (February 24, 2011) as to why staff was not monitoring this grant.
There being no further discussion, the motion passed by a 4-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Not present
Commissioner Holmes Yes
Mayor Taylor Yes
10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ADVERTISE AND
ISSUE A REQUEST FOR PROPOSALS FROM QUALIFIED FIRMS FOR THE
DESIGN-BUILD OF ROADWAY IMPROVEMENTS TO NW 143RD STREET;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
Commissioner Holmes asked, where is this money coming from?
Manager Patterson explained that this item is a design-build which is part grant money
and part city money.
Commissioner Holmes asked, what is the name of the grant?
Because the City Manager or his staff could answer Commissioner Holmes' question,
Mayor Taylor said that the answer is the Florida Department of Environmental
Protection. She said that staff must be knowledgeable of those items placed on the
agenda.
Of concern to Vice Mayor Johnson was the city going out for these types of projects
when there are engineers on staff.
Manager Patterson said that the project is a design-built and it would be done much
quicker by going this route.
Regular Commission Meeting Agenda—02/23/2011 15
Vice Mayor Johnson said that the city should not have engineers on board because in
eight years she'd only seen one project come off the ground. She said she would not
support this resolution.
Commissioner Tydus asked, isn't this grant money?
Manager Patterson said that part of it is grant money and part of it is city money.
Mayor Taylor asked, how much is the city's portion?
Manager Patterson said that the city is providing in-kind services and PTP funds in the
amount of$120,000.00.
Mayor Taylor asked, can this project be done in-house with the engineers on staff?
Manager Patterson said it could be done in-house but it would take a long time. The
engineers in-house are civil engineers and some of projects include work that is outside
of the civil engineering area.
Mayor Taylor asked, is the city capable of doing the design-build in-house?
Fritz Armand, Director of the City of Opa-locka Public Works Department said that at
this time the city cannot do this project.
There being no discussion, the motion failed by a 2-2 vote.
Commissioner Tydus Yes
Commissioner Holmes No
Vice Mayor Johnson No
Commissioner Miller Not present
Mayor Taylor Yes
Of concern to Mayor Taylor was the fact that this is grant money and there is a need for
the improvements.
Vice Mayor Johnson said she would support the grant; however, in hearing that the city
has three engineers in-house who can't get the work done, she cannot support it.
Mayor Taylor asked for the city's grant writer; however, that individual was not present
at the meeting. She went on to say to the City Manager that she has asked that staff is
present at all commission meetings to answer questions.
Vice Mayor Johnson said she would support the resolution for the sake of the grant, but
she would get with the City Manager the next day to discuss her concern.
Attorney Geller advised that either Commissioner Holmes or Vice Mayor Johnson can
make a motion to reconsider the above resolution.
Regular Commission Meeting Agenda—02/23/2011 16
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to reconsider
the above resolution.
There being no discussion, the motion to reconsider passed by a 3-1 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes No
Commissioner Miller Not present
Mayor Taylor Yes
Commissioner Tydus asked, would this place a financial hardship on the city?
Manager Patterson said this would not place a financial hardship on the city.
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
PTP dollars is money is the pocket that the city is required to spend on transportation
related projects.
There being no further discussion, the resolution passed by a 3-1 vote.
Commissioner Tydus Yes
Commissioner Holmes No
Commissioner Miller Not present
Vice Mayor Johnson Yes
Mayor Taylor Yes
11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING AN EXTENSION TO THE EXISTING
AGREEMENT WITH HORIZON CONTRACTORS, INC. FOR DESIGN/BUILD
SERVICES FOR ALI-BABA AVENUE ROADWAY FOR AN ADDITIONAL
NINETY (90) DAYS; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
Commissioner Holmes asked, does the city have the money for this project?
Manager Patterson replied, yes. He explained that this project was previously awarded
and this resolution is for an extension for an additional 90 days.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Miller Not present
Regular Commission Meeting Agenda—02/23/2011 17
Commissioner Tydus Yes
Mayor Taylor Yes
13. NEW ITEMS:
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, AMENDING SECTION 2-570.12(C) OF THE CITY OF OPA-
LOCKA CODE OF ORDINANCES BY PROVIDING FOR SUPERVISION AND
OVERSIGHT OF CODE ENFORCEMENT THROUGH THE POLICE DEPARTMENT
OR THROUGH THE BUILDING AND LICENSING DEPARTMENT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above ordinance on first reading.
Vice Mayor Johnson suggested that the supervision and oversight of Code Enforcement
be placed under the Building and License Department.
Commissioner Tydus said she was not for either the police department or the Building
and License Department, but she would like for it to remain as it is. She said she didn't
understand why they would want to pull it from the Community Development
Department. She pointed out that when the Code Enforcement Department was under the
Police Department it did not work and then they had the problem with the Building &
Licensing Department which are the same problems occurring under Community
Development. As far as she is concerned, the problems and challenges with Code
Enforcement are not due to the Code Enforcement Department or its supervision, its with
interference from the Commission and it has tied the hands of the department heads,
caused confusion amongst the employees and staff, and it has caused problems in the
community with the residents because they are plagued with inequitable Code
Enforcement. The City Commission needs to allow Community Development an
opportunity to supervise and oversee Code Enforcement without outside interference.
That's where the problem is and it will continue to be a problem no matter whose
supervision Code Enforcement is under. The city must get away from the selective Code
Enforcement that's blatant because that's where the problems rise.
Regular Commission Meeting Agenda—02/23/2011 18
She went on to say that it didn't matter who's in charge; what matters is that the City
Commission must stay out of it; therefore, she's not in favor of the ordinance.
Commissioner Holmes explained that he sponsored this ordinance because there's a
situation with the Code Enforcement officers and when the situation is that bad then the
City Commission must do something about it. The Code Enforcement Department was
under the Police Department many years before and if they go back under the Police
Department they would be supervised properly.
He continued by saying that he didn't want to get into further details about the situation
unless it is necessary.
Although she agreed with Commissioner Tydus and her comments on the interference,
Mayor Taylor also agreed that Code Enforcement should be under the supervision of the
Building and License Department because of the way the city is moving. There are a lot
of code violations and which ties directly into the building official, therefore, she is in
favor the Building and License Department. She said she didn't care for Code
Enforcement to be under the Police Department because there was a time when it was
under the Police Department and the Code Enforcement officers thought they were police
officers and they acted as such.
Commissioner Holmes concurred with Mayor Taylor for Code Enforcement to be placed
under the supervision of the Building and License Department.
Attorney Geller suggested that the City Commission chose one of the alternatives to
move it to second reading.
Following brief discussion, the majority of the City Commission chose the Building &
License Department.
There being no further discussion, the motion to select the Building & License passed a
4-0 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Not present
Mayor Taylor Yes
The motion on the first reading ordinance with the selection of the Building & License
Department passed by a 4-0 vote.
Commissioner Miller Not present
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
Regular Commission Meeting Agenda—02/23/2011 19
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, CLARIFYING AND AMENDING THE FEES FOR THE
LANDLORD PERMIT PROGRAM; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to pass the
above ordinance on first reading.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Miller Not present
Commissioner Tydus Yes
Mayor Taylor Yes
B. SECOND READING/PUBLIC HEARING:
C. RESOLUTION/PUBLIC HEARING:
16. ADMINISTRATION:
CONSENT AGENDA:
12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO DESIGNATE
PROPERTY AS SURPLUS PROPERTY LOCATED AT 2171 LINCOLN AVENUE,
OPA-LOCKA, FLORIDA, AND TO DONATE SAID PROPERTY TO OPA-LOCKA
CDC FOR MAGNOLIA NORTH REDEVELOPMENT WITH CONSENT FROM
MIAMI-DADE COUNTY; 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 Vice Mayor Johnson, seconded by Commissioner Holmes to pass the
consent agenda resolution.
The motion passed by a 4-0 vote.
Commissioner Miller Not present
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes Yes
Mayor Taylor Yes
A. CITY MANAGER'S REPORT:
Regular Commission Meeting Agenda—02/23/2011 20
Manager Patterson reported that he and the mayor had the privilege of visiting legislators
in Tallahassee and one of the things that nobody was able to tell them was how much
money will be available in any particular pot. However, there is possibly some money in
South Florida Water Management. The city was encouraged to get rid of all of the grants
it has from South Florida Water Management and any place else from the State because
the Governor wants to take that money back to make up for the shortfalls. He said he
would allow the Mayor to elaborate further on this matter because she made an excellent
presentation to the legislators (a copy was provided to the Commission).
He continued by saying that the city also received additional money from the county for
$18,179.00 for a total of$650,000.00.
With regards to the bus circulator, he requested a date from the Mayor/Commission to
schedule the Ribbon Cutting Ceremony.
He concluded his report by stating that the Core of Engineers is going to work with the
city this coming weekend to demolish the Cris Cross Motel.
Commissioner Holmes inquired about Sherbondy Park waiting for a permit to continue
the work. He asked for an update on the Sherbondy Village Project.
Manager Patterson said he was only aware that the city was waiting on permission for the
grant money the city has to finish up Sherbondy Park. This information should have been
brought to the city's attention from the beginning, but this dates back to Mr. Finnie's
tenure with the city. The county is saying that the City Commission made a selection of
an architect to build Sherbondy Park, but they received permission from the county. In
meeting with the county, he asked that they tell him what the city needs to do to get this
corrected. Now that the contractor is about 2/3 finished with the project, the county wants
to give a list of requirements that must be met prior to continuing with the project.
Because the county is saying that the city did the selection without their approval, it is
now HUD's regulation and he is waiting on a response from HUD.
Commissioner Holmes asked if the torn up concrete was removed from Villa Francine?
Manager Patterson said that some of the torn up concrete is still there because there is a
movie taken place at that location.
Christina Gordon came forward and explained that for a couple of weeks she and Mr.
Brown worked with a production company in trying to get agreements going with the
property owners at Villa Francine for filming the first segment of Charlie's Angel. As far
as the rubble is concerned, they are asking that the city postpone having the rubble picked
up until after the movie is shot.
On that note, Commissioner Holmes asked, is the city addressing the rodents, etc. that
may appear because of the rubble?
Manager Patterson replied, yes.
Regular Commission Meeting Agenda—02/23/2011 21
Commissioner Holmes asked, was the movie granted permission and is the city charging
a fee?
Ms. Gordon advised that the production company has filled out the film permit
application and there are a lot of other agreements, afterwards the city would be paid for
the permit. Some of the city's police officers will be working as well and they will be
paid.
Commissioner Holmes suggested that the City Manager keep the City Commission up-to-
date on this matter.
He went on to say that Lavelle Jenrette is retiring after 35 years of service with the city
and he wants the city to join him in celebrating his retirement on Friday, April 15, 2011
at 7:00 p.m. at Tony's Reception Hall in Hialeah.
Vice Mayor Johnson gave thumbs up to the City Manager because the Public Works
Department looks way better.
She requested her results for both of her drug tests.
As it relates to Villa Francine and the movie, she suggested that the information be
relayed to the residents because she was told that the city now owns that vacant property.
That was the statement being made by a city employee which is untrue.
She further stated that she heard the city had some temporary workers in the Human
Resources Department.
Manager Patterson said that there is one temp in the Human Resources Department
because the city lost two positions out of that department.
Vice Mayor Johnson said that it was her understanding from the budget meeting that if it
is not essential, the city could use collateral assignments and that the City Manager would
come to the Commission for approval. She said that this individual is now being hired as
a full time employee.
She continued by saying that she also read in the packet that one of the committees met
and they are going through the final approval for annual and sick leave changes, but the
board can't go through a final approval on an ordinance until it comes to the
Commission. The board cannot be changing a policy for sick and annual leave.
Manager Patterson said that nothing is going to happen until it comes to the Commission,
however, they are just getting the details worked out.
Vice Mayor Johnson requested an expenditure report on all items coming before the City
Commission with an account number. She would like to see the amount budgeted for, the
actual cost of the item and the remaining money.
Regular Commission Meeting Agenda—02/23/2011 22
She continued by expressing her concerns relating to the external upkeep of properties
and illegal signage throughout the city.
She requested that the City Manager provide a report on the Employee Discount
Program.
In addition, she said she would really like to see the Employee Memorial Garden happen
and suggested that the City Manager revisit the pending items to make sure those things
get done.
She encouraged the city to continue its enhancing efforts at the Recycling Center on
Codadad Street.
With the scheduled demolition of the Cris Cross Motel, Commissioner Tydus asked, are
there any plans for that property?
Manager Patterson replied, that is private property.
Mayor Taylor said she was disappointed to see that the bus circulator had already gone
out without a ribbon cutting ceremony. She requested that the city schedule a proper
opening for the bus circulator.
Manager Patterson said he is waiting on a date from the Commission to schedule the
Ribbon Cutting for the bus circulator.
Mayor Taylor said she noticed that Code Enforcement was taking pictures of the signs,
but she would like them to remove the signs and call the number listed to give notice to
the business owner that they can no longer put their signs on the thoroughfares in the city.
She asked, has the Human Resources done what they are supposed to in terms of getting
the evaluations out?
Manager Patterson replied, yes.
Mayor Taylor said that Burlington Street is a flood zone and it has been for a very long
time only because those trucks come through that street.
She said that the Code Enforcement must work to address those businesses who continue
to stack above the fence and it was brought to her attention that some of those business
owners are hiding behind grandfathered ordinances.
Attorney Geller said that he already had that conversation with Community Development
and they are looking into the issue to go after the business owners.
Mayor Taylor suggested that the City Manager start moving in the direction for summer
jobs.
She reported on her recent travel to Tallahassee to seek funding on the city's behalf.
Regular Commission Meeting Agenda—02/23/2011 23
She further stated that Commissioner Barbara Jordan would like to tour Magnolia North
on February 24, 2011. She asked, does the city have staff in place for that?
Manager Patterson replied, yes.
Mayor Taylor announced that she would be out of town on March 9, 2011 at a Mayor's
Roundtable Conference sponsored by the League of Cities, therefore, Vice Mayor
Johnson would chair that commission meeting.
She stated to Ms. Gordon that if that land does not belong to the city, then the production
crew must contact the owners and the city may want to get out of that.
With regards to the police officers working, Vice Mayor Johnson suggested that the city
get something in writing. She suggested that the city be cautious because it does not own
that property. She asked, how could the city issue a permit for property it doesn't own?
Attorney Geller said that a permit is required to do filming on private property, however,
the property owner must be on board or the city will not issue the permit. The property
owner cannot just go out and do it themselves because they also need a permit from the
city. The city will not issue a permit until the applicant has and demonstrates permission
from the property owner.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that
included in the packet are the financial reports. In addition, he stated that there is
$565,000.00 in the city's Reserve Account.
Vice Mayor Johnson asked, where did the city get the $650,000.00 and what would that
money be used for?
Dr. Orji said that the $650,000.00 is CDBG funds to be used for the Helen L. Miller
Center.
Commissioner Holmes mentioned that the city's website reflects that the city was
incorporated in 1920 and it should be corrected because the correct year is 1926.
17. OFFICIAL BOARD REPORTS:
18. CITY ATTORNEY'S REPORT:
Attorney Geller reported that he previously informed the Commission about a lawsuit
brought by Eldred Redmon Pro Se and he has confirmed that there was service on the
city. The matter has been forwarded to the league of cities for handling and the attorney
would proceed on this matter.
He continued to report that that are several things scheduled next month on the Bracy
matter and there is motion pending in mid March.
Regular Commission Meeting Agenda—02/23/2011 24
In reading the minutes for the Charter Review Board, Vice Mayor Johnson said there was
a lot of discussion about district elections. She suggested the city start exploring term
limits because what she gathered from the minutes is that the city needs fresh blood. She
requested to sit down with the City Attorney and Mr. Riley to discuss the term limits.
With regards to the CSX maintenance, she said the Commission adopted a resolution for
$50,000.00 and she would like to know what happened to that.
Attorney Geller said he raised the issue with the City Manager and was told that it is
proceeding.
Vice Mayor Johnson requested that the City Manager provide her with a response on the
CSX maintenance.
Manager Patterson said he would provide a written report the next day.
Vice Mayor Johnson stated that all of the logos on city vehicles are not the same; some
are orange and some are yellow. She directed the City Manager to make sure that the city
is consistent in its branding.
She informed the City Manager that on Valentine's Day she observed one of the city's
vehicles at Waigreens driven by one of the youth which is a liability on the city. The
Commission also received correspondence via email about another incident in
Jacksonville, but she hasn't heard anything as to what is being done and corrective action
is needed. She stated to the City Attorney that the city must grip this because the city will
have a liability on them real soon.
Commissioner Holmes asked, are the commission meetings still being aired live?
Manager Patterson said that the commission meetings are still live, but there is new
recording equipment and Mr. Williams in no longer in the same area.
In reading the minutes for the Civil Service Board meetings, Mayor Taylor asked was the
meeting held on February 22, 2011 an inquiry investigation?
Attorney Geller said that the Civil Service Board he attended was the regular meeting.
Mayor Taylor said that there was another Civil Service Board meeting where some
people were questioned. She asked, if the city has legal representation then who
represents the employees who come up because there was a question asked three times to
an employee. But she knows when she is being questioned, her lawyer would say "asked
and answered"; however, there was no one for that employee.
She asked, who does Attorney Geller represent?
Attorney Geller responded, the city. He said that the employees are entitled to get their
own attorney, but he would not permit an employee to be abused under any
circumstances.
Regular Commission Meeting Agenda—02/23/2011 25
Mayor Taylor said she didn't want the employees abused because they can't answer but
one way and that person answered the same way three times. The employee was
badgered into answering a yes or no question.
She continued by asking, when did this Commission give the board subpoena power?
Attorney Geller said he researched this issue and he doesn't believe any board has
subpoena power. The Commission has subpoena power and they have the authority to
specifically extend that power if it chooses to do so.
Mayor Taylor asked, is that something that is done verbally?
Attorney Geller replied, no. He said it would have to be done by a resolution of the
Commission and he has not seen where a board, although he is still researching the issue,
has subpoena power. Now it does speak to the board being able to make investigations
and inquiries and it does speak to the fact that employees of the city are to assist the
board in doing that. In his opinion that is not the same as subpoena and he spoke with the
chair of the committee about this issue and the chair indicated his view on it.
Mayor Taylor said she didn't need a view or that it was implied or inferred, that subpoena
power must have been written and voted on by the Commission and it has a sunrise and
sunset. Otherwise, if staff is subpoenaed then they have a right to have an attorney
present.
Attorney Geller said that the employees have a right to have an attorney present whether
subpoenaed or not, however, he did agree with what Mayor Taylor was saying.
Mayor Taylor said she would appreciate the City Attorney taking a position on this
matter.
Attorney Geller reiterated that he discussed this matter with the chair and he will take
another look in case there's something he has not found, but what Mayor Taylor stated is
what he believes is correct.
Mayor Taylor directed the City Attorney to read the minutes for the Civil Service Board
so that he can see the verbiage.
Manager Patterson reminded Mayor Taylor that the Zoning Board of Appeals is not a full
board and the city needs a full board.
In view of the activity and development in Magnolia North, Mayor Taylor stated that one
of the steps is to have a Zoning Board of Appeal and that is part of her mission given to
her by the county commission.
19. CITY CLERK'S REPORT:
Clerk Irby announced that an election is scheduled for March 1, 2011 for Florida Senate
seat(District 33).
Regular Commission Meeting Agenda—02/23/2011 26
Vice Mayor Johnson said she needed to get with the City Clerk to do an amendment to
her campaign report. She requested to be provided with the necessary forms.
20. MAYOR/COMMISSION REPORT:
Commissioner Tydus thanked everyone for their support during her time of illness.
Vice Mayor Johnson said she met with a group of young individuals in the community
who really want to serve as elected officials and she believes there's something that can
be done through Miami-Dade County LEO.
She reported her attendance at the Crime Watch Meeting and she would hope that by the
next commission meeting the City Manager would have some of those comments and
action items as to what they will be doing. She also attended Virginia Tresvant's
Celebration.
She continued by saying that she would be in attendance at the Women in Municipal
Government Training.
Additionally, she is working with various groups for tree planning and for the painting of
houses.
She further stated that she spoke to citizens about possibly bringing the Opa-Steppers
under the pavilion. She said she would get with Christina Gordon for the promotion of
the Opa-locka Steppers and to discuss the Welcome Kit.
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
10:01 p.m.
YOR
ATTEST:
' Y CLERK
Regular Commission Meeting Agenda—02/23/2011 27