HomeMy Public PortalAbout04- April 13, 2011 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
April 13,2011
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, April 13,
2011 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 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 7:10 p.m. and Commissioner Gail
E. Miller was not in attendance due to illness.
3. INVOCATION:
The Invocation was delivered by Mayor Myra L. Taylor.
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 Holmes pulled agenda items 16-3, 16-7 and 16-9; Vice Mayor Johnson
pulled agenda items 16-2 and 16-4 from the Consent Agenda (these items would be
discussed separately under Agenda Item 12—Action Items).
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve
the agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 3-0 vote.
Regular Commission Meeting Minutes—04/13/2011 1
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Not present
Commissioner Miller Not present
Mayor Taylor Yes
The City Commission revisited the pull list and Vice Mayor Johnson added 16-1 to the
pull list.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve
the agenda with the additional pulled item.
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
REQUEST TO AMEND THE AGENDA (these items to be included under Agenda Item
13 —New Items):
13-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS TO QUALIFIED CONSTRUCTION FIRMS FOR
RUTLAND STREET DRAINAGE AND ROADWAY IMPROVEMENTS;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
It was moved by Commissioner Holmes (motion died for lack of a seconded).
13-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS FOR QUALIFIED CONSTRUCTION FIRMS FOR
THE IMPROVEMENT OF DRAINAGE AND STREET IMPROVEMENTS AT CAIRO
LANE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
It was moved by Commissioner Holmes (motion died for lack of a seconded).
13-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS FOR QUALIFIED CONSTRUCTION FIRMS FOR
THE IMPROVEMENT OF DRAINAGE AND ROADWAY IMPROVEMENTS AT
143RD STREET, AND TO RESCIND RESOLUTION NO. 11-8194; PROVIDING FOR
Regular Commission Meeting Minutes—04/13/2011 2
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to amend the
agenda to include the above resolution as item 13-3.
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
13-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCK, FLORIDA, TO PROHIBIT ALL CITY EMPLOYEES OF OPA-LOCKA FROM
SOLICITING FUNDS FOR ANY AND ALL CITY EVENTS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by T.H.
It was moved by Commissioner Holmes, seconded by Commissioner Tydus to amend the
agenda to include the above resolution as item 13-4.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Tydus Yes
Vice Mayor Johnson Yes
Commissioner Holmes Yes
Commissioner Miller Not present
Mayor Taylor Yes
15A (FIRST READING ORDINANCES):
15A4: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AMENDING ORDINANCE 86-8, THE LAND DEVELOPMENT
CODE, TO ENHANCE FENCING STANDARDS IN BOTH RESIDENTIAL AND
INDUSTRIAL ZONING DISTRICTS, AND ADDRESS FENCE HEIGHTS, AND
ALLOWANCES FOR DIFFERENT MATERIALS TO BE USED IN FENCE
CONSTRUCTION; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to amend the
agenda to include the above ordinance as item 15A4.
Regular Commission Meeting Minutes—04/13/2011 3
Manager Patterson deferred ordinance 15A4. The motion and seconded to amend the
agenda to include the above item were withdrawn.
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
Guithele Ruiz-Nicholas, Human Resources Director for the City of Opa-locka joined by
the City Commission recognized Kathy Phillips as Employee of the Month for February
2011 and King Leonard as Employee of the Month for March 2011.
8. APPROVAL OF MINUTES:
Regular Commission Meeting—03/23/2011
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve
the minutes of the Regular Commission Meeting of March 23, 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, Community Liaison for District 1 County Commissioner Barbara
Jordan's Office came forward and announced Commissioner's Jordan Earth Day/Eco Fair
on Saturday, April 23, 2011 at Home Depot at NW 57th Avenue and NW 167th Street
from 9:00 a.m. — 1:00 p.m.
Vice Mayor Johnson directed the City Manager to make sure the information is posted on
the city's website and Opa-TV.
10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
11. PUBLIC PRESENTATION:
1. Lawrence Wright
Lawrence Wright & Partners, Inc.
re: Sherbondy Village Project
Lawrence Wright of Wright & Partners, Inc. appeared before the City Commission and
provided a video snapshot of the Sherbondy Park Project and informed them of where
they are in terms of the project. He requested to have a workshop with the Commission to
have one on one dialogue on selecting the materials, etc.
Regular Commission Meeting Minutes—04/13/2011 4
Mayor Taylor suggested that Mr. Wright provide the City Clerk's Office with proposed
dates for the workshop.
Vice Mayor Johnson said she had been talking to the principal planner for Miami-Dade
County and she has a meeting schedule with them. She said she would keep the
Commission abreast on this project with regards to some of the concerns she heard. In
speaking with Mr. Patterson, she is aware that he has a meeting scheduled with Miami-
Dade County as well.
Commissioner Holmes asked Mr. Wright if there were any concerns relating to the
project?
Mr. Wright said he wants to provide the Commission with a playbook to go over the
details and that would require an extensive amount of time, therefore, he would rather do
it in a workshop setting.
1Ia. CITIZENS' FORUM:
1. Ricky James of 1156 Jann Avenue, Opa-locka, Florida, came forward and
expressed his concerns relating to the speeding on Jann Avenue resulting in accidents. He
suggested that the city erect stops signs every several blocks or install speed bumps.
He further said that he noticed the city's Parks & Recreation van speeding from Seaman
Avenue onto Peri Street.
Vice Mayor Johnson asked Mr. James if he wrote down the date, time, and vehicle
number? She further asked if he reported this incident to anyone else?
Mr. James began to provide the vehicle number when Vice Mayor Johnson interjected
and suggested that the information is provided to the City Manager. All employees are a
part of the team and it is crucial to report incidents whether on or off the job because it
puts the city in liability. This is no difference than the incident reported on February 14
@ 6:56 p.m. at Walgreens where she saw a city vehicle. She asked for a written report,
but has yet to receive it.
She further stated that although she was appreciative of Mr. James bringing this issue
forward, she would like for him to feel comfortable in reporting incidents to the proper
city officials. In terms of the speeding and speed bumps on Jann Avenue, she said this
was not the first time this matter was brought to their attention and the city should look at
the cost and effectiveness for signage. However, she is not sure if stop signs would work
because the vehicles run the stop signs all the time at the intersection of NW 137 Street &
NW 26 Avenue. The stop signs may or may not help, but the city should place speed
humps in that area. In terms of the school bus stops, she said she received many
telephone calls and the city should have community policing during the early mornings
when it is still dark outside.
Regular Commission Meeting Minutes—04/13/2011 5
Due to the numerous complaints of speeding on Jann Avenue, Commissioner Holmes
said he was more inclined to go along with the stop signs as oppose to the speed bumps
because of the recent complaints relating to the speed bumps on Service Road. The
residents on Service Road didn't realize the city was going to install that many speed
bumps on that street.
He suggested that the Opa-locka Police Department have a police unit with radar gun on
Jann Avenue and Sultan Avenue to address the speeding.
2. Arthaniel Mohammed of 1815 Ali-baba Avenue, Opa-locka, Florida, appeared
before the City Commission and expressed his concern relating to a driver of one of the
Opa-locka Express buses who is speeding in the Magnolia North area.
Commissioner Holmes suggested that Mr. Mohammed write down the bus number and
provide it to the city to address the issue.
Vice Mayor Johnson directed the City Manager to include the toll free number on both
Opa-locka Express buses in which individuals could report driving concerns. The city
was supposed to have the toll free number on all city vehicles at one time and she would
like to bring it back. She requested that the City Manager bring back a progress report by
the last meeting in April.
Mr. Mohammed asked if it was possible to extend the bus service to include the
weekends as well.
Mayor Taylor said the city would take that into consideration.
3. Sebastian Smith of 900 NW 19th Avenue, Pompano Beach, Florida, came forward
and stated that he is the driver of the bus in the Magnolia North area. The problem is that
the route was changed and the original signs posted are still there. He suggested the signs
be removed.
He further spoke about the form provided to all passengers boarding the Opa-locka
Express.
Commissioner Holmes asked Mr. Smith for his bus number?
Mr. Smith replied, 831.
Commissioner Holmes said he received complaints from citizens relating to a bus driver
that was nodding while driving the bus. He asked if Mr. Smith was that driver the citizens
were speaking about?
Mr. Smith said he wasn't that driver, but that issue was addressed.
Regular Commission Meeting Minutes—04/13/2011
Vice Mayor Johnson asked Mr. Smith if he was familiar with the wave and ride concept.
Mr. Smith replied, yes, that's what is in the form provided to passengers.
Vice Mayor Johnson said she would take her concerns up with the owner because she
observed the buses traveling at a high speed on numerous occasions. All drivers must be
respectful to the speed limits posted.
4. Willie Smalls of 2050 Wilmington Street, Opa-locka, Florida, came forward
accompanied by his wife Rapheala. Mr. Smalls' concern was that he was an employee of
the city for six years, and in October 2008 he was arrested by the City of Opa-locka for
unlawful compensation. After following the process through the Civil Service Board, he
was told he would get his job back, but he hasn't. He expressed to the Commission that
he really needed his job back because he's been unable to secure employment elsewhere
due to the charges brought against him through the City of Opa-locka although all
charges were dropped. He pleaded to the Commission for his job back.
Attorney Geller reported that the administration and his office has concurred that there
was proper termination of Mr. Smalls, but they have agreed with, in conversations with
the Civil Service Board, that they will be guided by the outcome of the case that is in
litigation (Bracy case). If the ultimate decision of the case that's in litigation is that the
final order of the Civil Service Board is a final order not subject to modification by the
City Manager. The ruling in that case will govern several other cases heard by the Civil
Service Board.
Mr. Smalls said that he was told that the judge already ruled on the case and that it was
appealed by the City Attorney. He said he was not concerned about the money issue, but
he just needed to get back to work.
Attorney Geller said that the city did not appeal, they just asked the judge to clarify his
order. Before any appeal would be filed with the higher court, he would come back to the
Commission with an executive session and that would be the Commission's decision to
guide him.
Rapheala Smalls of 3101 NW 135 Street, Opa-locka, Florida said she was told there was
a final order. She asked for clarification on what the attorney is trying to accomplish.
Mayor Taylor explained that the City Attorney has the right to ask the judge to revisit a
case and/or decision. She apologized to Mr. Smalls and suggested that he wait until the
end of the month.
Mrs. Smalls asked, what would waiting until the end of the month guarantee?
Mayor Taylor said she didn't know the guarantee, but the city has to wait until the judge
gives his final decision, then Mr. Smalls will be contacted as to what the judge said.
Regular Commission Meeting Minutes—04/13/2011 7
Vice Mayor Johnson recalled this issue coming up in 2008 and here's 2011. The city
attorney needs to fast forward some of these issues. Although the city cannot guarantee
any employment, but whatever the City Attorney has to do, in needs to move faster.
Commissioner Holmes said he didn't know the reason as to why the city needed
clarification from the judge on the order given.
5. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City
Commission and stated that there was a motion for rehearing and it is scheduled for April
27, 2011. There is nothing new going before the courts, it is the same thing being heard
by the court and he doesn't see why the court would grant a rehearing on the same thing.
But the Commission has the authority to end all of this by passing the resolution on the
agenda. It is incumbent upon this Commission to pass it and get it done and over with
because people are suffering.
He continued by saying that whether the Commission agree with him or not, the person
was charged with violating a law that is not a law. Plus, this individual was found not
guilty so there's no justice in that.
6. Olive Jones of 1820 Ali-baba Avenue, Opa-locka, Florida, came forward and said
that a letter was sent from Code Enforcement requesting that she paint her building and
the bars needed to be removed. She said she received the paint on the building from Opa-
locka three years ago and it was guaranteed for seven years so somebody owes her for
four years of paint. With regards to the bars, she said there are plenty of properties with
bars and she is wondering if they are just targeting her property.
Mayor Taylor directed the City Manager to have the proper staff person speak to Mother
Jones.
7. Talissa Hamilton of 13120 Alexandria Drive, Opa-locka, Florida appeared before
the City Commission to speak about several incidents that had occurred at the Garden
Apartments which she would not like to comment in public.
Vice Mayor Johnson agreed to speak to Ms. Hamilton off the record.
8. Juan Carlos Bishard of 3875 NW 135th Street, Opa-locka, Florida, appeared
before the City Commission as a property owner whose tenant has been trying to obtain
an occupational license from the city for several months now. Due to the economy,
several bays have remained empty for almost a year, but he's had particular issues with
brokers coming to him and the city has denied their license. He said it was his
understanding that there were a number of brokers operating from that stretch of 135
between NW 37 & NW 42 Avenues. It would be in the best benefit to him as well as the
city to allow this particular business to operate in the city.
12. ACTION ITEMS (items from consent agenda pull list):
Regular Commission Meeting Minutes—04/13/2011 8
16-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO DIRECT THE CITY MANAGER TO FOLLOW AND
IMPLEMENT ANY AND ALL "FINAL ORDERS" OF THE CIVIL SERVICE
BOARD; PROVIDING FOR INCORPORATION OF RECITALS; 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 resolution.
Vice Mayor Johnson said she has asked the City Attorney to go back and review the
charter because the city must do what the charter says. In reviewing the Civil Service
Board minutes, some of the staff members feel as though the city doesn't need to be in
compliance. Although she was not sure if the City Attorney was in attendance at that
particular Civil Service Board meeting, but in hearing such comments the attorney must
correct staff
Attorney Geller explained that there are two sections of the Charter; one says "its
findings shall be conclusive" but they asked the judge to be clear about the other section
of the charter which says "the Civil Service Board shall report its findings and
recommendations to the City Manager". Both of these sections are in the Charter and
both of them are entitled to equal dignity and that's why the matter is in the courts.
Vice Mayor Johnson suggested that the resolution include "for approval of the
Commission".
Attorney Geller said that once the judge finalizes his ruling, an executive session will be
held to discuss with the Commission what the final order is and what the options are.
Vice Mayor Johnson said she would strongly support this resolution, however, she thinks
the Commission should come back and revisit it.
Attorney Geller explained that if the judge says that's what the Charter says then this
resolution is not needed.
Commissioner Holmes said that the judge made his ruling and Mr. Riley presented that
ruling to the Commission. He said that no one asked Mr. Geller to go to the judge to ask
for a rehearing on this matter because the judge already issued his ruling in his final
order. He suggested that the Commission do what is right to avoid from having to go to
court all the time by moving this particular item forward.
Commissioner Tydus said she was somewhat confused and she would personally feel
better making her decision upon hearing what the final ruling of the judge is. There is a
lot waging, not just this particular area of final orders, but also those cases that are
pending.
Regular Commission Meeting Minutes—04/13/2011 9
John Riley came forward and stated that the judge heard the argument about the two
sections of the Charter and the judge said he found no disharmony or conflict in it. The
order of the court was that the findings of the board are conclusive and that the City
Manager does not have the authority to modify or do anything in accordance with that
order, nobody does either except for the court. All of that argument has been in court at
that hearing and if they want to hear the same thing on April 27 then it would be the same
outcome on the 27th, it's just a matter of being delayed and more money being spent.
Commissioner Holmes asked, how does the attorney for the Civil Service Board feel
about this matter?
Mr. Riley said that the attorney for the board feels that the findings of the board are
conclusive.
Attorney Geller stated that the attorney is from his office and he believes that is not the
opinion Mr. Kramer has rendered.
Commissioner Holmes said that if the Commission doesn't pass this resolution and the
judge's ruling is the same on April 27, he is going to bring forth a resolution to send the
City Attorney out of the door.
Vice Mayor Johnson asked the City Attorney to provide the section of the Charter that
talks about the recommendations?
Attorney Geller advised that Section 183 of the Charter uses the word recommendations
and recommendations is not the same as conclusion. If a recommendation is being made
to the City Manager that means something different and that is why he doesn't agree with
the judge's ruling. The court procedure is that within 10 days of the judge answering his
order, the attorney is allowed to ask him to reconsider it. The city asked for
reconsideration on the 10th day, should it have not been done, then they would have lost
the right to bring this issue back.
Vice Mayor Johnson suggested the sponsor defer the resolution until the next meeting.
Commissioner Holmes agreed to continue the resolution to the next meeting; however, if
the judge's ruling is the same then the Commission should be prepared to have another
resolution to go with that one.
The seconded and motion were withdrawn on the above resolution. The resolution was
deferred to the Regular Commission Meeting of April 27, 2011.
16-2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO CONDUCT A
SEARCH PROCESS FOR AN IN-HOUSE CITY ATTORNEY; PROVIDING FOR
Regular Commission Meeting Minutes—04/13/2011 10
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by T.H.
The above resolution was read by title by Attorney Geller.
Commissioner Holmes deferred the above resolution to the Regular Commission Meeting
of April 27, 2011.
16-3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO
PROHIBIT PERSONS FROM USING ANY ELECTRONIC COMMUNICATIONS
DEVICE WHILE OPERATING A MOTOR VEHICLE; PROVIDING FOR
INCORPORATION OF RECITALS; 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 resolution.
Commissioner Holmes explained that he pulled this resolution off of the consent agenda
because this was not what he asked the City Attorney to draft originally. His request was
for an ordinance to prohibit the use of cell phones and texting in the city while operating
a motor vehicle due to the increased in accidents to include a fine for violators.
Vice Mayor Johnson said that there is an existing resolution addressing the cell phones
and texting while driving that was passed in 2009. The city is not enforcing it like a
couple of other items not being enforced.
Clerk Irby added that Commissioner Holmes just wanted to amend the current legislation
to include a fine.
Vice Mayor Johnson suggested amending the resolution and asked the City Attorney to
come up with the correct wording.
In addition, Mayor Taylor asked the City Attorney if he could fix the resolution to delete
the Florida State Legislature and include any additional language necessary.
Attorney Geller explained that several cities have asked the legislature to take this action.
Under Chapter 316, these are considered moving violations and cities are not permitted to
pass legislation relating to moving violations which was the same problem with the Red
Light Cameras until something was passed and that's why those Red Light Cameras
don't carry points. These kinds of violations are where the State has said it will have
exclusive jurisdiction.
Regular Commission Meeting Minutes—04/13/2011 11
Mayor Taylor said that the county passed legislation relating to using cell phones and
texting.
Attorney Geller advised that the county has different authority.
Mayor Taylor asked, the city can't pass legislation as a municipality?
Attorney Geller replied, no.
In terms of the Red Light Cameras, Commissioner Holmes said that the court ruling was
based on the fact that the violation is caught by a camera and not actual police officers
who sees the person running the light. However, in this situation, the police officers will
be the ones to stop the vehicles whose drivers are texting while driving.
Mayor Taylor asked, what did the previous resolution passed state?
Clerk Irby said that it was a resolution prohibiting any use of cell phone and texting while
operating a motor vehicle.
Vice Mayor Johnson added that the resolution was specific to city employees.
Attorney Geller said that the city can govern the conduct of its employees. He said that
the city can pass this but it would have to be done by ordinance. However, if every city
had the right to pass traffic ordinances that were different, then people driving down the
road would be subject to different enforcement of traffic ordinances every time they
passed a municipal boundaries which is typically not clear to people. Traffic ordinances
are regulated by the state, however, there are things the county can do because you kind
of know when you're in a county or not. The city can pass this as proposed, but he
advised the Commission that it would not stand up if the city tried to fine someone, that
individual could take the city to court. This is the reason why he followed the lead as to
what several other municipalities in Miami-Dade County have done to pass legislation
asking the legislature to outlaw this preference.
Vice Mayor Johnson suggested that it come back as an ordinance and as a member of the
Florida League of Cities she would present it to them for adoption to take it on to the
state.
Attorney Geller advised that the resolution as drafted calls for the city to notify all other
municipal governments in Miami-Dade County as well as the State Legislature so that the
League of Cities could try to push this. Although the county can do certain things, the
State does not allow individual municipalities to pass traffic laws.
Commissioner Holmes directed the City Attorney to bring this back as an ordinance, but
without the added language included by the City Attorney.
Mayor Taylor suggested that the City Attorney clean up the ordinance and bring it back.
Regular Commission Meeting Minutes—04/13/2011 12
The seconded and motion were withdrawn.
16-4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO RECOGNIZE MAY 5, 2011 AS NATIONAL DAY OF
PRAYER WITHIN THE CITY OF OPA-LOCKA, AND THIS YEAR'S THEME
SHALL BE "A MIGHTY FORTRESS IS OUR GOD"; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by R.T.
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 asked, does this event require any money from the city?
Commissioner Tydus replied, no.
There being no further 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
16-7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY ATTORNEY TO INITIATE
FORECLOSURE PROCEEDINGS ON ANY AND ALL PROPERTIES AS
RECOMMENDED BY THE CITY MANAGER AND COMMUNITY
DEVELOPMENT DEPARTMENT; 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 Holmes to pass the
above resolution.
Commissioner Holmes asked for clarification in terms of the foreclosure properties.
Attorney Geller explained that some of the properties are at the request of the Opa-locka
CDC.
There being no further discussion, the motion passed by a 4-0 vote.
Regular Commission Meeting Minutes—04/13/2011 13
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Not present
Mayor Taylor Yes
16-9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH BURTON & ASSOCIATES TO UPDATE THE SOLID WASTE
RATE STUDY IN THE AMOUNT OF ELEVEN THOUSAND SEVEN HUNDRED
TEN DOLLARS ($11,710.00), PAYABLE FROM ACCOUNT NUMBER 34-534340;
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.
Vice Mayor Johnson asked, is it required that the city do a solid waste rate study? She
asked for clarification on the above resolution.
Manager Patterson explained that the rate study is for solid waste. As the Commission
may know, the city now has some waste units that are commercial units and there is a
conflict in the ordinance as it relates to what the city calls commercial as oppose to what
others consider commercial. The city doesn't really have a fixed rate that he feels
comfortable with. There are private companies picking up from some four units and other
four units are being picked up by Choice.
Vice Mayor Johnson said she would not support the resolution because the city spent
$15,000.00 in 2008 for the same purpose. She suggested that staff conduct some research
on the last study performed because the city does not have the money to continue doing
the same thing every year.
Vice Mayor Johnson withdrew her seconded and Commissioner Holmes withdrew his
motion on the above resolution.
Vice Mayor Johnson directed city staff to conduct some research of the past studies
conducted.
Commissioner Tydus asked, what does the update entail?
Manager Patterson explained that Choice is the contractor for residential solid waste and
Waste Management is the contractor for commercial solid waste. The charter refers to
commercial as anything that was 4 units or more, however, there are several locations in
the city where Waste Management is picking up 4 units and Choice is picking up other 4
Regular Commission Meeting Minutes—04/13/2011 14
units. He further explained the conflict with several apartment units in the city in terms of
the solid waste collection. He said he wanted to make sure the city had uniform services
for everybody and make it clear as to what is a residential unit or a commercial unit.
Mayor Taylor said she didn't understand why a study was needed if the Charter is clear
and if there is two/two housing under one and one owner than that would come under
four units.
Major Evelyn Barrett, Opa-locka Police Department of 2495 Ali-baba Avenue, Opa-
locka, Florida came forward and spoke with regards to the resolution for bicycles. She
said that back in 1991, she was one of the police officers on bike patrol and this would be
a great idea for the citizens of Opa-locka. This would allow for the police officers to get
out of the vehicles and communicate with the citizens.
Mayor Taylor said that NW 22nd Avenue is where she really wanted those bicycles.
Vice Mayor Johnson reminded Major Barrett of the scooters the City of Sweetwater
Police Department had during a parade and the city was to inquire.
Commissioner Holmes asked if anybody had an idea as to how much the scooters cost?
Major Barrett said that the Chief was looking into the cost.
Vice Mayor Johnson suggested that the Opa-locka Police Department bring back the cost
of the scooters.
13. NEW ITEMS:
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS FOR QUALIFIED CONSTRUCTION FIRMS FOR
THE IMPROVEMENT OF DRAINAGE AND ROADWAY IMPROVEMENTS AT
143RD STREET, AND TO RESCIND RESOLUTION NO. 11-8194; 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.
Vice Mayor Johnson informed the Commission that this is the resolution previously
adopted which she at that time was hesitant to vote on. In her research, she discovered
this was something the city had already did and that is why the resolution is being
rescinded and brought back the right way which is just for the construction management
portion.
Regular Commission Meeting Minutes—04/13/2011 15
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Tydus Yes
Commissioner Miller Not present
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
13-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCK, FLORIDA, TO PROHIBIT ALL CITY EMPLOYEES OF OPA-LOCKA FROM
SOLICITING FUNDS FOR ANY AND ALL CITY EVENTS; PROVIDING FOR
INCORPORATION OF RECITALS; 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 resolution.
Vice Mayor Johnson recalled asking people for money in November and she was told
they never received receipts when making donations to the city. The city should make
sure it is registered with the Department of Agriculture for soliciting funds and they
should be able to give receipts.
She directed the City Attorney to bring back a resolution for a foundation.
She expressed her concerns relating to having so many people going around asking for
money and it should not be where someone is arbitrarily going on behalf of the city. She
said she was glad to see this resolution to be able to have accountability.
She further stated that should an employee solicit funds than the city must take corrective
action because from this point on this is law.
Attorney Geller stated that the resolution does state specifically that the City Commission
is exempted from the provisions of this resolution.
Commissioner Tydus said she didn't have any objection to the resolution; however, she
wanted to know what prompted the resolution.
Commissioner Holmes explained that there are so many people soliciting funds and the
businesses are complaining about giving to some, but not having for others. This
resolution would control who is allowed to go out and solicit money. If the Commission
wants to authorize someone to solicit on their behalf than that could easily be done by
having discussion on the dais and putting it in the form of a motion. However, with this
resolution, no one will be able to solicit funds other than the City Commission.
Regular Commission Meeting Minutes—04/13/2011 16
Vice Mayor Johnson said she would not encourage the Commission to put employees in
harms way if this resolution passes by having them to solicit funds on their behalf. She
said she was glad one of her colleagues took the lead on this to make sure they are
bringing it into accountability because money is tight and everybody needs to be
accountable for, the city needs to know who and be able to provide receipts for it.
Employees are going to the same people, asking the same people over and over.
Everybody needs a break and the city must come up with an initiative to make those
people who contribute feel appreciated.
Commissioner Tydus asked, is a resolution proper for this type of legislation or would it
require an ordinance?
In this case, Attorney Geller said this was sufficient by resolution because it is only
directing the city's employees. He said that Commissioner Holmes was correct that by
another resolution, the City Commission can designate the City Manager, City Attorney
or City Clerk, but absent that if this resolution passes, it prohibits anyone.
There being no further 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
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 TO AMEND THE CITY COMMISSION AGENDA TO INCLUDE
A REPORT FROM THE 17TH CONGRESSIONAL DISTRICT OF FLORIDA;
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 ordinance was read by title by Attorney Geller.
Regular Commission Meeting Minutes—04/13/2011 17
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above ordinance on first reading.
Vice Mayor Johnson suggested that all of the legislators are included on the agenda for a
report.
Mayor Taylor said if any legislator attends the commission meeting, she would show
them courtesy.
Vice Mayor Johnson preferred to include all the legislators on the agenda.
Commissioner Holmes said the ordinance is including Mr. Haynes from Congresswoman
Frederica Wilson's Office because at the last meeting Mr. Haynes indicated that he would
be reporting at the commission meetings.
Vice Mayor Johnson said that the other legislators address the Commission as well.
Therefore, she suggested that the ordinance is inclusive of all legislators. She
recommended that the ordinance be amended to read "legislators report" because there
are four representatives that represent the City of Opa-locka which would include the
Congressional, State Senate and State Representatives.
After brief discussion, Attorney Geller provided the wording for the amendment as
follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA TO AMEND THE CITY COMMISSION AGENDA TO INCLUDE A
REPORT FROM THE 17TH CONGRESSIONAL DISTRICT OF FLORIDA AND
FROM THOSE STATE LEGISLATORS REPRESENTING THE CITY OF OPA-
LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to amend the
ordinance as stated above by the City Attorney.
There being no discussion, the amendment passed by a 4-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes Yes
Commissioner Miller Not present
Mayor Taylor Yes
There being no further discussion, the motion as amended passed by a 4-0 vote.
Commissioner Holmes Yes
Regular Commission Meeting Minutes—04/13/2011 18
Commissioner Miller Not present
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 86-8, THE LAND DEVELOPMENT
CODE, TO INCLUDE AUTO BROKERS AS A PERMITTED USE IN THE
FOLLOWING INDUSTRIAL ZONING DISTRICTS: I-1; 1-2; AND I-3 DISTRICTS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
CODIFICATION AND SEVERABILITY; 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 ordinance on first reading.
Because there is a lot of spot zoning, Vice Mayor Johnson asked, how would this
ordinance grandfather any businesses in?
Ed Brown, Assistant City Manager explained that this ordinance would give Auto
Brokers an opportunity to operate in those areas, but they won't be able to display signs
because all business would have to be handled inside. This would allow a different usage
for vacant warehouse space. This would not be considered as spot zoning, but as an
extended use in those particular areas.
Vice Mayor Johnson said she would have liked for staff to have shared that information
with those businesses to make sure they buy in because of the importance of having
effective communication. If staff has already communicated with the businesses than she
asked to be provided with documentation as to whom, when and where did staff
communicate with. The city must extend their courtesy by sending a notice and haying a
workshop anytime something like this is done. If not, it will come back to haunt the city
in the future.
She suggested that if this ordinance was not urgent that it be deferred to allow for that
dialogue with the businesses.
Howard Brown, Director of Community Development for the City of Opa-locka came
forward and stated that back in February 2011, his staff met with the Planning Council,
the property owners and a couple of other businesses that would like to have an Auto
Broker use in the industrial district. In February, staff asked the Planning Council to
consider possibly recommending that this particular use be added to the Code. A
workshop was held and it was brought back to the Planning Council the following month.
At that month, an ordinance drafted by the City Attorney's Office was presented with
those modifications that came out of the Planning Council Meeting. The ordinance was
Regular Commission Meeting Minutes—04/13/2011 19
reviewed and voted on by the Planning Council and the board recommended approval.
The ordinance is now before the City Commission for approval on first reading.
Vice Mayor Johnson asked, how many businesses did the city actually visit?
Mr. Brown said that the business owners came to his office and there were three.
Vice Mayor Johnson asked, how many businesses are in the city?
Mr. Brown said there are several businesses trying to do automotive brokerage usage;
however, right now that use is not allowed under the current regulations. This ordinance
is to get those businesses in compliance as well as provide expanded use.
Vice Mayor Johnson asked, would this ordinance help enhance their business?
Mr. Brown replied, yes.
Vice Mayor Johnson expressed the importance of having everything documented. She
asked Mr. Brown if he had the minutes of the meetings, dates and names of those
businesses owners that attended the meeting.
Mr. Brown replied, yes. He said he had a sign in sheet signed by those businesses who
attended the meeting in his office.
Vice Mayor Johnson said she just wanted to make sure that everything is documented and
that all supporting documentation is provided to the Commission as a part of those items
coming before them. In addition to that, she requested Mr. Brown still reach out to the
businesses to make sure everybody is included.
Commissioner Tydus said that most auto broker's work is done at a desk, on the
computer and on the phone. However, this is dealing with broker/sales because the
automobiles will be on the premises to be housed inside and there will be no automobiles
on the outside of the building.
Mr. Brown replied, that is correct.
Commissioner Tydus said that the city is talking about strict Code Enforcement.
Mr. Brown explained that if the ordinance is passed, these businesses will not be allowed
to have automobiles on the outside which is one of the conditions.
Commissioner Tydus asked, on an average, how many automobiles do they normally
have on the premises?
Mr. Brown said the number of automobiles would depend on how big the operation is
and how many cars they could store inside of the building.
Regular Commission Meeting Minutes—04/13/2011 20
Just as there are regulations for the number of patrons in a restaurant and other places of
business, Commissioner Tydus asked, are there any regulations on the number of
automobiles?
Mr. Brown replied, no. The building code would definitely regulate the number of people
who could be inside the space and what area has to be clear for walking, but those are
building safety code requirements falling under the review of the Building Department
and Miami-Dade Fire.
Commissioner Tydus said she didn't have any concerns with the ordinance; however, her
concern is the Code Enforcement in that there would have to be strict code enforcement.
Mayor Taylor asked, what is the difference between auto sales and auto broker?
Mr. Brown said that automotive sales is a business use seen in the commercial strips like
NW 27th Avenue and those cars are allowed outside; automotive brokers are office only
uses that stores cars inside an enclosed building.
Vice Mayor Johnson suggested that this be a part of the Welcome Kit. In terms of any
violations, the penalties should be spelled out to include the fees, days to come into
compliance, etc. and all that information must be relayed to anyone who applies for this
type of license. She said she would like to see this ordinance amended in the future to add
more juice to it.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Miller Not present
Commissioner Tydus Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 86-8, THE LAND DEVELOPMENT
CODE, TO INCLUDE ALUMINUM SMELTING OR REFINING OF METALS AS A
CONDITIONAL USE IN THE 1-2; I-2A; AND I-3 INDUSTRIAL ZONING
DISTRICTS; 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 Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above ordinance on first reading.
Regular Commission Meeting Minutes—04/13/2011 21
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Miller Not present
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
B. SECOND READING/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO
EXCEED $8,000,000 CAPITAL IMPROVEMENT REVENUE AND REVENUE
REFUNDING BONDS, SERIES 2011, IN ONE OR MORE SERIES, PURSUANT TO
ORDINANCE NO. 94-7, FOR THE PURPOSE OF REFUNDING ALL OR A
PORTION OF THE CITY'S CAPITAL IMPROVEMENT REVENUE BONDS, SERIES
1994 AND PAYING COSTS OF CERTAIN CAPITAL IMPROVEMENTS OF THE
CITY; PROVIDING THAT DETAILS, TERMS AND OTHER MATTERS RELATING
TO SERIES 2011 BONDS BE DETERMINED IN SUBSEQUENT RESOLUTIONS;
AUTHORIZING THE CITY MANAGER TO ACT AS REGISTRAR AND PAYING
AGENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on
March 23, 2011). Sponsored by C.M.
At the request of Manager Patterson,the above ordinance was continued.
C. RESOLUTION/PUBLIC HEARING:
16. ADMINISTRATION:
CONSENT AGENDA:
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PIGGYBACK ON
THE CONTRACT OF THE CITY OF CORAL GABLES WITH PHYSICIANS
HEALTH CENTER FOR OCCUPATIONAL MEDICAL SERVICES; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO USE LAW
ENFORCEMENT TRUST FUNDS (L.E.T.F.) TO PURCHASE FROM C.W. BICYCLE
SHOP INC., EIGHT (8) 2011 TREK POLICE ALL TERRAIN BICYCLES AND
APPROPRIATE ACCESSORIES TOTALING NINE THOUSAND THREE HUNDRED
SIXTY EIGHT DOLLARS ($9,368.00) PAYABLE FROM ACCOUNT NUMBER 65-
Regular Commission Meeting Minutes—04/13/2011 22
521664; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by C.M.
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO APPROVE THE ACQUISITION OF CHOICE
ENVIRONMENTAL SERVICES, INC., AND ITS SUBSIDIARIES ("CHOICE") BY
SWISHER HYGIENE, INC. ("SWISHER"); PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above consent agenda resolutions were read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
consent agenda resolutions.
The motion passed by a 3-0 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Miller Not present
Commissioner Tydus Out of room
Mayor Taylor Yes
A. CITY MANAGER'S REPORT:
Manager Patterson started off his report by highlighting various department's
accomplishments over the last month. Mayor Taylor interjected and said that the Action
Items List is where she wants the City Manager to focus on. Copies of the reports should
be passed on to the Commission.
Manager Patterson said he had his accomplishments with him, but he would provide the
Commission with a copy on the following day.
Vice Mayor Johnson said she had asked that copies of the accomplishments be provided
to the Commission.
Manager Patterson advised the Commission that the responses to the Action Items from
March 23, 2011 are included in the packet provided to them under tab 1.
Vice Mayor Johnson reported her concerns relating to the following: guard pole on NW
141 Street / Burlington Street & NW 26th Avenue is down; provide a response to the
citizens request for the Opa-locka Express to operate on Saturdays; and inappropriate
comments from the Human Resources Department to an applicant who filled out an
online employment application and that individual's application was not found, although
she received a confirmation number upon completion. Also, the city should make sure
Opa-locka residents get their residential points.
Regular Commission Meeting Minutes—04/13/2011 23
While on the subject of employment, she said she did some research and was
disappointed that some of the documentation had many alterations with no signatures and
she wants to make sure the city stays on top of that.
She continued by saying that the city is using check requests versus going through the
procurement system and the city must utilize the procurement system. She asked that the
City Attorney get with her prior to the next commission meeting because there's a
procurement system the National League of Cities is using that she believes the city could
benefit from.
She further stated that there was a resolution sponsored by Commissioner Holmes related
to car allowances for classified employees. She said she had a report of individuals
receiving car allowances which totals to $94,400.28 per year and that to her is too much
money. When the City Manager was appointed, she asked him to come up with a car
pool. The City Manager at one time told her that he was going to come up with a
reimbursement system based on the mileage. The city has vehicles sitting idle that
employees can utilize for city business. In reviewing the car allowances and the salaries,
there are employees getting top salary; however, the city cannot continue to survive like
this. She requested that the City Manager provide corrective action by the next meeting.
Some of the individuals receiving a car allowance don't even leave the office for city
business. She directed the City Attorney to meet with her because she has three or four
resolutions to bring back.
In terms of the resolution to go out for an RFP for Car Washing Services, Vice Mayor
Johnson said she had not seen anything. She said she received several inquiries about
Roadrunner not paid. She expressed her concern about contracting and staff going
through the check request process to avoid legislation which she is not in support of She
said she found out through someone else that she and Roadrunner attend the same church
but because there are many members in the congregation, she doesn't see him nor does
she have any type of relationship with him. However, if Roadrunner is doing the work
then he needs to get paid for it.
She went on to say that the plants on NW 27th Avenue median need to be replaced
because they are completely dead.
Referencing the City Manager's response to her inquiry about the roundabouts on Sharar
and Jann Avenues that Public Works is going to conduct a access traffic flow in the area
prior to the design, Commissioner Tydus asked for an explanation as to why a traffic flow
study was needed because the problem is not access, but speeding and beautification.
Fritz Armand, Director of Public Works Department for the City of Opa-locka came
forward and explained that the city cannot arbitrarily install roundabouts on a street. The
city must work with Miami-Dade County's Signalization Division prior to installing the
roundabouts because they must meet certain criteria.
Commissioner Tydus asked, what is the process and the timetable?
Regular Commission Meeting Minutes—04/13/2011 24
Mr. Armand advised that the city would have to submit a request to Miami-Dade County
to assess the area for a roundabout and Miami-Dade County's engineer from the signal
division will come out and conduct a study and provide their findings. The same process
is required for installation of any new stop signs.
Commissioner Tydus expressed her concern in terms of the fact that four years had gone
by and that simple step for the roundabout had not been taken.
Mr. Armand said he would keep the Commission posted on the progress.
Commissioner Holmes made reference to an article in the newspaper relating to the
elimination of Saggy Pants in public schools in the State of Florida. He pointed out that
the City of Opa-locka took the lead with the Saggy Pants Ordinance and to this day, that
ordinance is not being enforced. The city also passed legislation that the business owners
would have to include the Saggy Pants sign in their place of business and this would be
required during application for a new license or license renewal, but he has yet to see any
business purchase a sign for $20.00. This money is supposed to be put in a separate
account to be utilized for a project that may need funding. He directed the City Manager
to make sure his staff is doing what they are supposed to in terms of the Saggy Pants
signs.
He continued by saying that he is seeing sidewalks being installed throughout the city and
he hopes they have the money. He said he received complaints from the residents on
Service Road that the city installed too many speed bumps. The city must keep in mind
that emergency vehicles must also travel on the streets and the speed bumps hinder them
from getting to their destination. He suggested that the city revisit Service Road to see if
it is necessary to remove several of the speed bumps.
He further asked for an update on the PBA contract for the police officers.
Attorney Geller advised that the city has notified the PBA, there were final changes that
they had agreed to and he expects them to have a vote taken prior to the next commission
meeting.
Commissioner Holmes stated that the City Attorney has been reporting the same thing
since the previous year and he is tired of hearing it because he wants to see the final
results for the PBA contract.
He went on to ask for an update on the AFSCME contract for the employees.
Manager Patterson said he met with the local representatives from AFSCME Council 79
and they are in the process of ratifying the contract.
Commissioner Holmes directed the City Manager to get on top of the AFSCME contract
to bring this to a conclusion.
Regular Commission Meeting Minutes—04/13/2011 25
He continued by expressing his concerns about the Supermarkets in Opa-locka having
outdated canned goods. The Building Department or Code Enforcement should
investigate this matter.
He further asked for an update on pump stations 1 and 2.
Manager Patterson said that pump stations 1 and 2 are on schedule.
Commissioner Holmes asked, who is doing the work on NW 131St Street and NW 27th
Avenue near the bank?
Manager Patterson advised that a private contractor is doing the work.
Fritz Armand, Director of Public Works for the City of Opa-locka came forward and
stated that the contractor is Verache and they are doing the work on behalf of the property
owner located on the east side of NW 27th Avenue. The property owner wants to develop
that piece of property, but there is no water and sewer there. The water & sewer on NW
132nd Street ends in front of the bank. As a means to get water & sewer to that property,
the city advised that they would have to do a water & sewer extension. The property
owner hired an engineer to design a water & sewer extension which was approved by
Miami-Dade County and the City of Opa-locka and subsequently the city authorized
them to do the work.
Commissioner Holmes asked, is this water& sewer costing the city any money?
Mr. Armand replied, no, it is not costing the city any money. He said that this would
provide revenue to the city in the future once the property is developed.
Commissioner Holmes asked, when is the work going to start on Veteran's Way (Ali-
baba Avenue)?
Mr. Armand informed Commissioner Holmes that the work on Veteran's Way should
commence on April 25, 2011. The contractor has obtained the permit and ordered the
basin needed which should be delivered by April 22, 2011.
Commissioner Holmes expressed his concerns relating to the City Manager's authority to
spend $5,000.00 without commission approval. He said he'd been hearing that there are
invoices submitted for over $5,000.00 and the payment is divided into two to avoid
bringing it to the Commission for approval. He stated that it may be feasible for the
Commission to go back to the $3,500.00 and anything over the $3,500.00 should be
brought to them for approval. He said he is considering bringing back a resolution to
reduce the City Manager's spending limit.
Regular Commission Meeting Minutes—04/13/2011 26
He continued by saying that there are employees who requested to take sick leave and to
be paid for annual leave and they are being denied; however, if the employees have the
time then the city should work with them so that they are paid.
Mayor Taylor requested that the City Manager provide an updated citywide and
departmental wide organization charts.
Due to the upcoming rainy season and the leaking in Historic City Hall Commission
Chambers, she asked, is there anyway to put a rush on the $350,000.00 grant award letter
by letting them know that the city is in a stressful situation.
In terms of the 5058 agreement, she suggested that the City Attorney advise the
Commission if this is an agreement that they cannot monitor or put into law. If the city
cannot monitor it, then there's no need in pressing it. She suggested that the City
Attorney bring that back at the next commission meeting.
In reading the City Manager's comments relating to the Flea Market bus stop, she
suggested that the City Manager see what he could balance out.
With regards to the NW 27th Avenue flooding, she further stated that it looks like the dig
out released water in the street that belongs to the city behind Wachovia. At the last
meeting, she asked the Public Works Department to talk to FDOT because NW 27th is
higher than that road and whenever it rains, it comes down.
Mr. Armand said that he and the city's engineer met with FDOT to address this problem
and they are in the process of designing public drainage to address this issue not only on
NW 131 Street but also NW 132 Street.
Mayor Taylor said there were two resolutions that did not get a seconded to be amended
to the agenda. Both were for RFP's to do two streets. She asked, are grant monies
connected to those projects?
Charmaine Parchment, grant writer for the City of Opa-locka came forward and said that
the city does have grant money for those projects.
Mayor Taylor asked, what happens if the city doesn't use that money?
Mrs. Parchment said that the city stands to lose the grant money for Cairo Lane. If the
city doesn't use the grant money in time then they will lose the money. One of these has a
deadline of June 30, 2011 and the other is August 2011. The State of Florida is planning
to rescind the offer if the money is not used by that deadline.
Vice Mayor Johnson said she didn't support the add-ons because she asked the City
Manager if those were urgent and the City Manager said they were not urgent. But now
she is hearing those items are urgent. In past discussion amongst the Commission, it was
Regular Commission Meeting Minutes—04/13/2011 27
agreed that only emergency items would be amended to the agenda. When the city has
this behavior and continues to have add-ons it is taken for granted.
Mayor Taylor stated her concern in terms of not wanting the grant givers, be it state or
federal, to think the city doesn't need the money because due diligence is not being done
and that's what the Vice Mayor is saying.
She expressed that she didn't agree where the grant money was going because there are
other streets that are in more need of repairs, however, she understood these grants were
written some time ago and the city cannot switch the streets. With that in mind, she said
she didn't want to lose the grant dollars.
She further stated that add-ons are for emergency items therefore, those items were on the
amendment list because they were time sensitive. Apparently, the Commission did not
know because it shouldn't have died for lack of a seconded.
Mayor Taylor said that the city needs $350,000.00 to complete the roof at Historic City
Hall. She asked, if Mrs. Parchment was sure the city was going to get the $350,000.00
because since this is a reimbursable grant, she is going to ask Dr. Orji if the city could put
out the $350,000.00 to start on the roof.
In speaking to the representative, Mrs. Parchment said, they are waiting for the state
budget to get approved.
Vice Mayor Johnson left the meeting at 9:45 p.m.
Attorney Geller said that the Commission has the authority to amend its agenda again to
return to reopen item 6 to set the agenda as to add-ons. This would take a motion and 4/5
of the vote to amend the agenda. The Commission cannot do it at this point because there
are only 3 members present.
Commissioner Holmes said they would not be able to amend the agenda because Vice
Mayor Johnson had left, leaving only 3 members of the Commission on the dais.
Mayor Taylor suggested that those items are brought back at the next commission
meeting.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the
reports were included in the package provided to the Commission.
Mayor Taylor asked, how is the city coming along with the overtime?
Manager Patterson said he is working that out with the various departments and
everybody is tightening up.
Regular Commission Meeting Minutes—04/13/2011 28
Mayor Taylor asked, does the money the city saves help the general fund?
Dr. Orji replied, yes.
Mayor Taylor asked, does the money received by the city for tickets, red lights, etc. go
into the general fund?
Dr. Orji replied, yes, it is included in the General Fund Budget.
He continued by saying that the approved reserved fund balance of $565,000.00 is
maintained.
17. OFFICIAL BOARD REPORTS:
John Riley came forward as chairman of the Civil Service Board and said he requested
via email an appointment to meet with the members of the Commission individually
about some issues of the board and he only received a response from one commissioner.
In terms of the first reading zoning ordinances, he suggested that the city review FS
166.041 concerning land uses.
He further spoke about the proposed pay plan and requested to discuss that matter with
the Commission because there are some issues that need to be addressed. He spoke about
the City Attorney's response to the Commission relating to the Civil Service Board
having subpoena power.
18. CITY ATTORNEY'S REPORT:
Attorney Geller reported that he submitted a written report to the Commission on two
items. He stated that he would be requesting an Executive Session with the City
Commission in regards to the Bracy case. Secondly, he stated that the Zoning Board of
Appeals needs four at-large appointments and in researching this issue, he had the
opportunity of speaking with former Mayor Willie Logan of Opa-locka CDC and there
are going to be some items that the Zoning Board of Appeals will need to conduct. This is
a five member board and all members are appointed at-large. From the City Clerk's
indication, there are four vacancies. The city will have to find four citizens willing and
able to serve on the Zoning Board of Appeals. This is not yet a problem, but the city will
reach the point where the redevelopment efforts in Magnolia North will be impeded if
that board is not filled.
19. CITY CLERK'S REPORT:
Clerk Irby reported that the records management equipment has been set up in the City
Clerk's Office and hopefully the task will be completed by the end of the year with a
Regular Commission Meeting Minutes—04/13/2011 29
paperless office. In addition, she said the back of the Commission Chambers has been
cleaned out.
Mayor Taylor expressed the importance of Opa-locka history and encouraged the City
Clerk to keep on with the history and store those items with the professional people.
20. MAYOR/COMMISSION REPORT:
Commissioner Tydus said she attended the Community Relations, Recreation &
Activities Advisory Board and they were concerned about the progress and events
surrounding the Sherbondy Village. The major concern was that the furnishings for the
facility are not included in the funding. After hearing the presentation from Mr. Wright
and his request for a workshop, she said it would be her desire that the board be allowed
to attend that workshop as well.
She reported her attendance at the Artwalk at Wynwood sponsored and coordinated by
the Opa-locka CDC which was encouraging to know that the renaissance of that
particular area could become a reality here in the City of Opa-locka. She encouraged the
city to continue to work diligently with the City of Opa-locka renaissance project.
Mayor Taylor reported that she had a power point presentation on her tour of the
Southwest of Opa-locka, but because of the lateness of the hour she would defer that.
However, she would keep the Commission informed as to what is going on. She said the
city is meeting with owners of that area and getting that area straight.
She requested that the Commission support her projects: the citywide sidewalk project
and Operation Clean Sweep.
21. OFFICIAL BOARD APPOINTMENTS:
Clerk Irby advised the Commission that there are two applications for board
appointments in the packet (Community Relations, Recreation & Activities Advisory
Board). She said one appointment is Commissioner Miller's appointment and
Commissioner Miller has authorized the appointment to that board.
Attorney Geller said he believes the Charter mandates that Commissioner Miller make
that appointment. However, the Commission may recommend a name to Commissioner
Miller and she can appoint that person.
Clerk Irby said that Commissioner Miller has authorized the Commission to go ahead
with the appointment.
Attorney Geller suggested that the Commission vote on the appointment subject to
Commissioner Miller signing off on a document indicating that individual is her
appointment.
Regular Commission Meeting Minutes—04/13/2011 30
It was moved by Commissioner Holmes, seconded by Commissioner Tydus to appoint
Geraldine Sanon as Commissioner Miller's appointment to the Community Relations,
Recreation&Activities Advisory Board.
There being no discussion, the motion passed by a 3-0 vote.
Vice Mayor Johnson Not present
Commissioner Miller Not present
Commissioner Holmes Yes
Commissioner Tydus Yes
Mayor Taylor Yes
Commissioner Tydus asked, is the reappointment at-large?
Clerk Irby replied, yes.
It was moved by Commissioner Holmes, seconded by Commissioner Tydus to re-appoint
Dina Lindsey Pryor to the Community Relations, Recreation & Activities Advisory
Board.
There being no discussion, the motion passed by a 3-0 vote.
Commissioner Tydus Yes
Commissioner Holmes Yes
Commissioner Miller Not present
Vice Mayor Johnson Not present
Mayor Taylor Yes
With regards to the Zoning Board of Appeals, Clerk Irby advised that the city had an
active board and she could call those individuals that were on the board to see if they are
still interested in serving.
Commissioner Holmes and Mayor Taylor suggested that the City Clerk contact those
members that served on that board and if that doesn't work then they would recommend
individual(s).
Commissioner Tydus said she had someone new that she would like to recommend to the
Zoning Board of Appeals.
Attorney Geller said that the problem is not having more applicants than seats, the
problem is not having enough so the Commission can do all of it.
Mayor Taylor agreed.
Regular Commission Meeting Minutes—04/13/2011 31
Manager Patterson reported to the Commission that he would be out on business
attending the National Black Caucus Administrators and Mr. Ed Brown would be Acting
City Manager during that time.
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Holmes, seconded by Commissioner Tydus to adjourn the meeting at
10:10 p.m.
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MAY R
ATTEST:
CITY CLERK
Regular Commission Meeting Minutes—04/13/2011 32