HomeMy Public PortalAbout09- September 14, 2011 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
SEPTEMBER 14,2011
7:00 P.M.
City Commission Chambers
777 Sharazad Boulevard
Opa-locka,Florida 33054
1. CALL TO ORDER:
Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday,
September 14, 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, Commissioner Gail Miller and Mayor Myra L.
Taylor. Also in attendance were: Interim City Manager Bryan Finnie, City Attorney
Joseph Geller and City Clerk Deborah S. Irby. Commissioner Rose Tydus was not in
attendance.
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):
Vice Mayor Johnson requested a legal opinion from the City Attorney regarding agenda
item 19-1 (resolution suspending John Riley from the Civil Service Board) in terms of
whether she had to recuse herself from voting on the resolution.
Attorney Geller advised that the code section did not apply and therefore Vice Mayor
Johnson is not required to recuse herself.
Regular Commission Meeting Minutes—09/14/2011 1
Mayor Taylor pulled agenda item 19-1; Vice Mayor Johnson pulled agenda item 19-13;
and Commissioner Holmes pulled all items listed under the consent agenda to discuss
separately (agenda items 19-1 through 19-13).
Attorney Geller informed the Commission of an error on the agenda regarding the Waste
Transfer Station ordinance. At the last meeting, the Commission voted to defer agenda
item 18A5 on second reading and because it was a deferral, it is properly before them on
second reading. Agenda item 18A5 (first reading ordinance) will become 18B2 (second
reading ordinance).
Clerk Irby informed the Commission that agenda item 18A5 was deferred on second
reading at the Regular Commission Meeting of July 27, 2011; first reading was held on
June 22, 2011.
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 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Mayor Taylor Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
The Mayor and City Commission presented Bill Sussman with a proclamation for
Alzheimer's Association 2011 Miami-Dade Walk to End Alzheimer's Day in the City of
Opa-locka.
Bill Sussman encouraged the citizens to help the City of Opa-locka win the Miami-Dade
Alzheimer's City Challenge by participating in Alzheimer's Association 2011 Miami-
Dade Walk to End Alzheimer's on Saturday, October 29, 2011.
8. APPROVAL OF MINUTES:
Regular Commission Meeting—07/27/2011
Special Commission Meeting—08/02/2011
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the
minutes of the Regular Commission Meeting of July 27, 2011 and the Special
Commission Meeting of August 02, 2011.
There being no discussion, the motion passed by a 4-0 vote.
Regular Commission Meeting Minutes—09/14/2011 2
Commissioner Tydus Not present
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
9. 17a' CONGRESSIONAL DISTRICT OF FLORIDA REPORT:
10. STATE SENATORS REPORT:
11. STATE REPRESENTATIVES REPORT:
12. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner and Venicia Simmons of Miami-Dade County Commissioner Barbara
Jordan's office (District 1) came forward. Ms. Simmons briefly announced the details for
a Flu Vaccination Clinic scheduled for September 28, 2011 at Miami-Dade Regional
Library.
After receiving several telephone calls regarding the renaming of the Neighborhood
Center, Vice Mayor Johnson requested that Commissioner Jordan see about incorporating
Opa-locka into the name.
Additionally, she requested that Commissioner Jordan's office provide the Commission
with written documentation for the 2.5 Million Dollars under the General Obligation
Bond (GOB) to restore Historic City Hall.
13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
14. PUBLIC PRESENTATION:
1. Attorney Cynthia Stafford, Law Office of Robert W. Holland of 3575 NW 80
Street, Miami, Florida appeared before the City Commission on behalf of Waste Pro, a
material recovery and recycling facility. She provided a summary of the proposal for the
development of regional headquarters in Opa-locka and her client's request for
Commission approval to rezone the property.
2. Russell Mackie, Regional Vice President of Waste Pro USA came forward and
made a presentation on their proposal for the development of their regional headquarters
and material recovery facility in Opa-locka.
3. Alvin Burke of 2928 NW 132 Street, Opa-locka, Florida, appeared before the City
Commission in support of Waste Pro USA due to the fact that they would be bringing
jobs to the Opa-locka community. He continued by questioning the motive for the
opposition of this facility because that opposition did not exist when Choice
Regular Commission Meeting Minutes—09/14/2011 3
Environmental Services was brought into the city. As member of the Planning Council,
he believes that the city could benefit from this company.
4. Eldridge Redmon of 2766 NW 131 Street, Opa-locka, Florida appeared before the
City Commission and referred them to the National Law Library website to investigate
the lawsuits filed against Waste Pro. He went on to thank the City Manager's Office for
handling the discrimination complaint filed.
He continued by expressing his concerns relating to the $450,000.00 grant awarded to the
city for the drainage in the Magnolia area (NW 143rd Street), however, there is a drainage
problem on NW 131 Street which has existed for a while. He requested that the
Commission at some point address his concern.
He further voiced his disapproval with what transpired at the last regular commission
meeting because the Vice Mayor was not deserving of the way she was treated.
Furthermore, he said that Vice Mayor Johnson deserved an apology in public.
Hearing the comments relating to the $450,000.00, Vice Mayor Johnson couldn't recall
voting on the city receiving that amount of money from the county.
Manager Finnie said he would have to research this issue and provide a response to the
Commission.
Fritz Armand, Public Works Director for the City of Opa-locka came forward and stated
that the city has a grant from DEP for NW 143 Street drainage which the city would be
utilizing.
Manager Finnie asked, did the Commission accept and approve the use of the grant?
Mr. Armand replied, yes.
Vice Mayor Johnson requested that the City Clerk provide the documentation to
substantiate Mr. Armand's statement regarding the grant from DEP for NW 143 Street.
Mayor Taylor suggested that the City Manager provide his report on this matter.
Manager Finnie said he would prioritize NW 131 Street when the city goes out for
drainage fundraising in the next OCED process.
As it relates to the incident at the last regular commission meeting, Vice Mayor Johnson
said if it happens again she would be asking the Commission to debar anyone from that
behavior in a public setting.
14a. CITIZENS' FORUM:
Regular Commission Meeting Minutes—09/14/2011 4
1. Officer Tara Lazier, police officer with the City of Opa-locka Police Department
for 18 years came forward to address the Commission.
Mayor Taylor interjected and asked if Officer Lazier was making a televised statement
due the fact that Channel 7 news was present.
Officer Lazier replied, no.
Commissioner Holmes suggested that the Commission not allow the presentation due to
the pending matter involving this officer and the Opa-locka Police Department.
Mayor Taylor asked for a legal opinion from the City Attorney.
Attorney Geller stated that there is an ongoing matter involving the officer present.
Mayor Taylor informed Officer Lazier that the Commission could not allow her to speak
at that time until the ongoing investigation was closed.
2. Donald Solomon, Sr. of 2080 Lincoln Avenue, Apt. 5, Opa-locka, Florida,
appeared before the Commission to protest the closing of the Community Empowerment
Team (CET) which provides much needed services to the citizens of Opa-locka, more
specifically in the Magnolia North area.
3. Johnnie Mae Green of 2091 Wilmington Street, Opa-locka, Florida, appeared
before the City Commission speaking on behalf of herself and a group of citizens who
were present at the meeting. She commended the Commission for the vision of
revitalizing the Magnolia area on the East side of the city and said she was in favor of the
ordinance for the overlay.
She went on to voice her opposition to the ordinances allowing for a Waste Transfer
Station in the city and the truck station on NW 135th Street.
Commissioner Holmes spoke in favor of the ordinance due to the current condition of the
property and with the understanding that the business would bring revenue and jobs to the
city.
4. Nathan (inaudible) of 1820 Ali-baba Avenue, Opa-locka, Florida, came forward
and spoke against the closing of the Community Empowerment Team(CET).
5. Willie Mae Boyd of 16020 NW 19th Avenue, Opa-locka, Florida, appeared before
the City Commission and commented on how the Community Empowerment Team
(CET) assisted her with finding a place to live. She urged the Commission to allow the
program to remain open.
6. Joel Mince came forward and requested that the Commission allow the
Community Empowerment Team(CET) to stay open and continue providing services.
Regular Commission Meeting Minutes—09/14/2011 5
7. Mr. Arnez of 14915 NW 22"d Avenue, Opa-locka, Florida, appeared before the
City Commission and spoke in support of the Community Empowerment Team (CET).
Because the Weed & Seed program provides similar services, Vice Mayor Johnson said
that the services would still be available to the citizens.
8. Alex Gonzalez of Waste Management, 2125 NW 10 Court, Miami, Florida, came
forward and stated that although the area where the proposed Waste Pro facility would be
located needs to be revitalized, he urged the Commission to invite clean industries and
not a waste transfer station. Once the city opens the door to waste facilities, they will
have plenty of individuals applying for this same type of use.
9. John Lawson of Choice Environmental, 13300 NW 38 Court, Opa-locka, Florida,
appeared before the City Commission and stated that if the change is made to allow for
waste transfer facilities there would be a lot of competition. He doesn't know how the
Commission would grant one company and not grant another company in the same area.
If the ordinance is adopted, to be quite honest he believes Choice Environmental would
be interested and they are already looking at property in case it does happen.
Additionally, the way the ordinance is worded is dangerous because "waste transfer
station" is flat out garbage.
10. Ted Koningsberg, commercial real estate broker of 2241 NE 201 Street, Miami,
Florida came forward and cleared up some misconceptions relating to the proposed
Waste Pro properties. Under the existing zoning, whatever goes into that location will be
heavy industrial uses. His interpretation of the city's zoning code was that this use was
permitted; however, he is not an attorney. Because the code is vague, it calls for
clarification of the code and not a change.
Commissioner Holmes spoke in favor of the ordinance for the waste transfer station. He
made reference to other businesses in the city near NW 135th Street, Cairo Lane and the
Opa-locka Police Department that are operating as a waste facility.
15. ACTION ITEMS (items from consent agenda pull list):
Vice Mayor Johnson stated that she would like to amend the resolution to deal solely
with the Civil Service Board.
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO SUSPEND JOHN B. RILEY AS A MEMBER OF THE CIVIL
SERVICE BOARD; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J.
The above resolution was read by title by Attorney Geller.
Regular Commission Meeting Minutes—09/14/2011
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to pass the
above resolution.
Vice Mayor Johnson informed the Commission that John Riley was already served with
written documentation of allegations (copy provided to the Commission) and she
preferred not to discuss this matter further due to an investigation being done.
For the record based on what the Vice Mayor has placed on record, Attorney Geller said
that the letter made referenced to should be attached to the resolution and made a part of
the resolution.
According to Florida Statutes and the City of Opa-locka Code of Ordinances, Mayor
Taylor stated that an affidavit must be given to the City Manager and from that the City
Manager informs the City Commission. There is a resolution, but she has not seen an
affidavit. The allegations indicate that the city wishes to do things, however, the city
hasn't had the opportunity to vote. Section 2-110 of the city code states that "any person
desiring to remove a member for cause shall submit to the City Manager an affidavit
setting forth the charge or charges which the said complainant believes, if true, would
constitute sufficient cause for removal of the individual as a member of a board or
agency by the city commission, and all facts in support of the charges." She made
reference to the letter of charges she was provided with, however, there is no real charge.
The Florida Statutes states that the individual has to be malfeasance, misfeasance, neglect
of duty, habitual drunkenness, incompetence or permanent inability to perform his or her
duties, arrested for a felony, misdemeanor related to the duties of the Office or who is
indicted. She said she had not seen that; all she'd seen was a letter that didn't come from
the City Manager, but from the Vice Mayor addressed to the accused. All the allegations
on the letter must be proven before the Commission can request an investigation. The
process is starting off in error and if the Commission is going to do this then it must be
done correctly.
She further stated that if the Commission wants to continue, this must start with an
affidavit to the City Manager and the City Manager to the Commission. Then what has to
be done must be specified with the charges set forth in the affidavit, given to the City
Manager to give to the Commission and the Commission would decide whether it merits
going forward for an investigation.
Based on the section of the code Mayor Taylor read into the record, Commissioner Miller
stated that this resolution calls for a suspension and not removal.
Mayor Taylor agreed with Commissioner Miller, but said the process has to start off with
an affidavit not a resolution.
Commissioner Miller requested a legal opinion from the City Attorney on this matter.
Attorney Geller said that he agreed with some of what the Mayor said, but not all of it.
He stated to the Mayor that she was correct in referring to Florida Statutes because there
Regular Commission Meeting Minutes—09/14/2011 7
is an expressed provision about removal or suspension provided in Section 112.501
which in this case does govern part of the circumstances. He noted that subsection 8 says
explicitly that this section applies in the absence of a charter provision and there is a
charter provision here. The charter provision is found at Section 181 — Personnel Board
established and indeed it specifically says "any member of the board may be removed by
the City Commission only for cause and after given a written statement of the charges
against and the public hearing if he so requests in writing within ten days after service
upon him of a copy of the written statement of charges". This is as to removal; the charter
provision controls under the charter and even under the statute for removal. The
suspension is not covered by this provision, in that case the state statute does apply,
however, he doesn't believe the code sections cited, Section 2-109 removal of board or
agency members which dates to 1955 in the code, are applicable here because the state
statutes, municipal board members suspension and removal, they've taken control over
that and that was passed first in 1984 and then amended in 1995. The statute controls and
the code cannot contradict state statute; the code cannot contradict the charter. The
charter controls as to removal and the state statues controls as to suspension. The state
statute states by resolution, specifying facts sufficient to advise a municipal board
member as to the basis for his or her suspension or removal and after reasonable notice to
the municipal board member and the opportunity for the member to be heard, a governing
body of the municipality may suspend or remove. Certainly there has to be a proceeding,
notice, opportunity to defend and an inquiry which is what the resolution calls for; but the
sections from the code are not in this applicable and they cannot contradict the charter or
the statutes. The issue about the affidavit is not controlling; it does require a specification
sufficient to advise the municipal board member or under the charter provision, being
given a written statement of the charges and the opportunity for a public hearing.
As it relates to the city's Code / Charter, Mayor Taylor stated that the city only has what
it has whether it dates way back, this is all the city has and the City Attorney cannot use
some other means and disregard the city's code altogether because it's 1955. In the city's
code, the City Manager has a place in this whole operation which he has not been. Now
the charter provides for a written statement within a reasonable amount but she received a
copy of the letter on the previous day. She does not see an order that can be respected
whether from the code, state statute or charter, and the city must have an order because
everybody cannot step out and do it.
As it relates to the age, Attorney Geller informed the Commission that he brought that up
for a reason. He clarified that the age of the code is not at all relevant, the only reason he
mentioned it in this context is the date that it was adopted compared to state statutes was
adopted which is more recent. Therefore, it is a statement that subsequent to the city's
code, the state has preempted this area.
Of concern to Mayor Taylor was that the city must obey the city's code at some point and
they cannot just throw it out because it's old and just go with the Florida Statutes.
Attorney Geller stated that state statutes takes precedence over the city's code in those
areas.
Regular Commission Meeting Minutes—09/14/2011 8
Because she didn't like or respect how this was done, Mayor Taylor said she would not
support the resolution.
Commissioner Holmes made reference to a similar situation that occurred when the city
tried to remove him from the Code Enforcement Board. He agreed with Mayor Taylor
and suggested that the process is done right and as it stands, he could not support this
resolution until the proper procedures has taken place.
Commissioner Miller asked, is this resolution legal in its current form?
Since the Code provision is superseded by the Charter and State Statutes, Attorney Geller
said the resolution is a correct procedure. The City Commission may wish to put the
inquiry it talks about in motion and allow the opportunity for the subject to respond and
have a hearing before them.
Commissioner Miller asked, can the Commission vote on the resolution as is?
Attorney Geller advised that the Commission could vote on the resolution as it is in front
of them or they could vote to consider this the notice and set the inquiry for a subsequent
meeting.
Vice Mayor Johnson deferred the above resolution and said she would be taking the
inquiry to the State Attorney's Office.
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO PARTICIPATE IN THE NATIONAL RED RIBBON
CAMPAIGN, A DRUG PREVENTION PROGRAM REACHING MILLIONS OF
YOUNG PEOPLE DURING RED RIBBON WEEK, OCTOBER 23, THROUGH
OCTOBER 31; 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 Commissioner Miller, seconded by Vice Mayor Johnson to pass the
above resolution.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Mayor Taylor Yes
Regular Commission Meeting Minutes—09/14/2011 9
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO ENTER INTO A CONTRACT TO PURCHASE TWO (2)
PERSONAL ELECTRIC MOBILITY VEHICLES FROM T3 MOTION, INC., THE
SOLE SOURCE PROVIDER OF THE T3 PERSONAL MOBILITY VEHICLE IN THE
STATE OF FLORIDA, IN THE AMOUNT OF TWENTY-SIX THOUSAND EIGHT
HUNDRED THIRTY SEVEN DOLLARS AND NINETY-EIGHT CENTS ($26,837.98)
PAYABLE FROM ACCOUNT 65-521641; 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 Commissioner Miller to pass the
above resolution.
Vice Mayor Johnson stated that she would not like the city to continue purchasing items
for the Opa-locka Police Department and not see them utilized just like the radar guns to
monitor speeding.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Mayor Taylor Yes
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT TO BUY-OUT THE LEASE ON FIFTEEN (15) 2006 DODGE
CHARGER POLICE VEHICLES, IN THE AMOUNT OF TWENTY SIX THOUSAND
SEVEN HUNDRED THIRTY DOLLARS ($26,730.00), PAYABLE FROM ACCOUNT
NUMBER 22-521648; 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 this a budgeted item in this year's budget?
Manager Finnie replied, yes. This is general fund money budgeted for the police
department.
Commissioner Miller asked what account are the monies coming out of for the previous
resolution?
Regular Commission Meeting Minutes—09/14/2011 10
Manager Finnie stated that the account for the previous resolution is out of the Special
Law Enforcement Trust Fund.
Vice Mayor Johnson asked for the total amount under the line item for the Special Law
Enforcement Trust Fund.
Faye Douglas, Budget Administrator for the City of Opa-locka came forward and stated
that the Special Law Enforcement Trust Fund line item for the proposed FY 2012 budget
is $25,000.00.
Vice Mayor Johnson stated that there is a difference in the budgeted line item and the
amount reflected in the resolution. She requested that the City Attorney amend the
resolution to the amount allocated under the specific account number.
Attorney Geller proposed an amendment to the above resolution.
Manager Finnie explained that the special law enforcement trust fund refers to the
previous resolution for the personal electric mobility vehicles and not to this resolution;
therefore, the previous resolution should be amended. The budget for the Dodge Chargers
exists where the city has enough money.
In moving forward, Vice Mayor Johnson suggested that staff provide accurate numbers.
Manager Finnie stated that there is approximately $25,000.00 in the Law Enforcement
Trust Fund which will be allocated towards the T3 series stand up mobility vehicles for
the Opa-locka Police Department.
Mayor Taylor asked, if there is only $25,000.00 in the Special Law Enforcement Trust
Fund then how is the city going to spend $26,000.00?
Manager Finnie said that Vice Mayor Johnson and Mayor Taylor are correct. He
suggested that the city limit the amount for the previous resolution to $25,000.00 because
the city will not spend more than that amount.
Attorney Geller stated that the simple solution is to pass this resolution and go back and
reconsider the previous resolution to limit the amount to $25,000.00.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Not present
Mayor Taylor Yes
Regular Commission Meeting Minutes—09/14/2011 11
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to reconsider
resolution#3.
There being no discussion, the motion for reconsideration passed by a 4-0 vote.
Commissioner Tydus Not present
Commissioner Holmes Yes
Commissioner Miller Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
Attorney Geller said that a motion was required to expend up to $25,000.00 for the two
personal electric mobility vehicles for the City of Opa-locka.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to amend
resolution # 3 to expend up to $25,000.00 for the two personal electric mobility vehicles
for the Opa-locka Police Department.
There being no discussion, the motion passed by a 4-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Not present
Commissioner Holmes Yes
Commissioner Miller Yes
Mayor Taylor Yes
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT AND
ENTER INTO A CONTRACT WITH LULU'S CARWASH, LLC FOR CITYWIDE
CARWASH SERVICES; 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 expressed his concerns relating to the facility not being in the city
and the carwash not providing full service for the inside and outside of the vehicles.
Commissioner Miller said she was not in favor of this resolution due to the fact that the
facility was not located in the city.
Commissioner Holmes withdrew his seconded on the motion.
Regular Commission Meeting Minutes—09/14/2011 12
Mayor Taylor asked, is there another seconded? There being no seconded, the motion
died for lack of a seconded.
Vice Mayor Johnson stated that staff was asked to put out an RFP for carwash services
and she was previously told the city doesn't have a contract for carwash services. The last
resolution adopted for carwash services was done in 2004. From that time she'd seen city
vehicles utilizing various vendors throughout the city and in reviewing the accounts
payable, she noticed that all vendors were being paid out of the general fund. She
believes the city should have one central location to provide carwash services for all city
vehicles. The resolution from 2004 was never rescinded which she thought would be
done prior to going out for an RFP.
She went on to say that she utilizes Lulu's Car Wash and she is satisfied with the service
provided. If the city is going to keep everything within the city, then it needs to be
publicized as such. The City Commission passed legislation to authorize the City
Manager to put out an RFP for Car Wash services for city vehicles.
Mayor Taylor asked if there was viable contract for carwash service? She said she was
looking at the fiscal impact with the current vendor.
Manager Finnie said he would have to research to see if there is a contract.
Commissioner Holmes suggested that the city manager put out another RFP for these
services.
Attorney Geller informed the Commission that they can give preference to a local
business, but they cannot put out an RFP and restrict it to only the city.
Manager Finnie deferred this item and said he would bring the issue up at the next
meeting with a recommendation.
Because the item failed for lack of a seconded, Attorney Geller advised that the
resolution can be brought back under the city's rules or the City Manager can bring back
another item on this topic when he is prepared to do so.
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE
MIAMI-DADE COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO)
MUNICIPAL GRANT PROGRAM (MPG) AWARD, IN THE AMOUNT OF FIFTY
FOUR THOUSAND THREE HUNDRED FOUR DOLLARS ($54,304.00), TO
CONDUCT PHASE 1 OF THE CITY'S TRANSPORTATION AND ENHANCEMENT
STUDY, AND TO PROVIDE A 20% MATCH, PAYABLE FROM THE PTP FUND,
ACCOUNT NO. 47-541340; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
Regular Commission Meeting Minutes—09/14/2011 13
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to pass the
above resolution.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Mayor Taylor Yes
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO APPLY FOR FY
2012-2013 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
GRANT, IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000.00); 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 Miller to pass the
above resolution.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Commissioner Miller Yes
Mayor Taylor Yes
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE INTERIM CITY MANAGER TO MAKE
PAYMENT TO SUB-CONTRACTOR, RANGELINE TAPPING SERVICES, INC.,
FOR AN OUTSTANDING INVOICE, IN AN AMOUNT NOT TO EXCEED TWENTY
ONE THOUSAND FIVE HUNDRED DOLLARS ($21,500.00), PAYABLE FROM
ACCOUNT NUMBER 64-533822 FOR SERVICES RENDERED DURING THE
DEMOLITION OF THE OLD WATER PLANT; 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.
Regular Commission Meeting Minutes—09/14/2011 14
Vice Mayor Johnson Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Mayor Taylor Yes
9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, REQUIRING THAT ALL GRANTS ARE APPROVED BY THE
CITY COMMISSION BEFORE SUBMISSION OF THE GRANT APPLICATION;
PROVIDING 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 until the Regular Commission
Meeting of September 28, 2011.
10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO RENEW THE
ANNUAL AGREEMENT WITH THE EMERGENCY COMMUNICATIONS
NETWORK INC. FOR CODERED HIGH SPEED TELEPHONE COMMUNITY
NOTIFICATION SERVICES IN THE AMOUNT OF SEVEN THOUSAND SEVEN
HUNDRED AND FIFTY DOLLARS ($7,750.00), PAYABLE FROM ACCOUNT #14-
512528; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by C.M.
Manager Finnie deferred the above resolution until the Regular Commission Meeting of
September 28, 2011.
11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE
PROPOSAL FROM WELLS FARGO TO PROVIDE PROFESSIONAL BANKING
SERVICES TO THE CITY OF OPA-LOCKA; 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.
Vice Mayor Johnson stated for the record that she banks with Wells Fargo.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Regular Commission Meeting Minutes—09/14/2011 15
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Commissioner Miller Yes
Mayor Taylor Yes
12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO APPROVE THE SETTLEMENT AGREEMENT BETWEEN
SHEILA ROBINSON AND THE CITY OF OPA-LOCKA, AS RECOMMENDED BY
THE CITY MANAGER, IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS
($15,000.00), PAYABLE FROM ACCOUNT NUMBER 28-514390; 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.
There being no discussion, the motion passed by a 4-0 vote.
Vice Mayor Johnson Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Mayor Taylor Yes
13. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO RATIFY THE REIMBURSEMENT TO THE GENERAL
FUND OPERATING ACCOUNT FOR EXPENDITURES MADE FOR SHERBONDY
PARK VILLAGE FROM THE PROCEEDS OF THE SERIES 2011B BONDS;
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.
Vice Mayor Johnson made it clear to the City Manager that this is a loan from the
General Fund and the resolution must reflect that.
Manager Finnie replied, yes. He said this is for the 2.3 Million Dollars the city took from
the bond to reinvest in the general fund and pay bills for Sherbondy Park.
Vice Mayor Johnson asked for an explanation of the money being reimbursed to the
General Fund.
Regular Commission Meeting Minutes—09/14/2011 16
Manager Finnie explained that the document says he is recommending that the 2.3
Million Dollars be utilized for Sherbondy Park. This allocation is broken down into two:
1,762,924.27 in reimbursements to the General Fund and $537,000.00 for invoices.
Mayor Taylor clarified Vice Mayor's question to the City Manager by saying that the
City Manager has to explain to the Commission that he took 2.3 Million Dollar bond
money and put it in the General Fund for Sherbondy Park.
Although the resolution is to ratify, Manager Finnie said it was previously approved by
the Commission before he did it by a memorandum signed by the Commission. He said
any future money the city may need to be taken from the Enterprise Fund for Sherbondy
Park or other project would be a loan.
Vice Mayor Johnson asked, would this money be reimbursed to the General Fund?
Manager Finnie informed the City Commission that the city had spent all of the bond
money, 2.3 Million Dollars on Sherbondy Park. Although the bond was 7 Million
Dollars, the majority of that money was been spent to refinance existing bonds and the
fees for the cost of issuance associated with the transaction.
Mayor Taylor asked, is the 2.3 Million Dollars specified in this document a loan?
Manager Finnie said that was not the intent of this document.
Vice Mayor Johnson recalled the list of capital improvement projects provided during the
bond process. She inquired about the money from OCED for capital improvements
projects.
Manager Finnie stated that the money from Miami-Dade County has been reprogrammed
to a project in Opa-locka. The actual use of those proceeds would have to come back to
the Commission to approve how the city would spend those dollars.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Mayor Taylor Yes
16. NEW ITEMS:
17. PLANNING & ZONING:
A. HEARINGS:
Regular Commission Meeting Minutes—09/14/2011 17
B. APPEALS:
18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AMEND ORDINANCE 86-8, THE LAND DEVELOPMENT
CODE, BY CREATING THE MAGNOLIA NORTH REDEVELOPMENT OVERLAY
ORDINANCE, TO ENCOURAGE THE REVITALIZATION OF UNDERUSED
COMMERCIAL AND RESIDENTIAL AREAS INTO DEVELOPMENTS THAT
PROVIDE A COMPLEMENTARY MIX OF USES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above ordinance on first reading.
Vice Mayor Johnson asked Attorney Geller whether he had the opportunity to review the
ordinance for legal sufficiency?
Attorney Geller replied, yes.
Vice Mayor Johnson proposed the following amendments to the ordinance:
G. Principal Uses Permitted— Subject to Special Exemptions:
1. (a) i. The Planning Council may shall impose conditions on the operation of the
proposed use including hours of operation, outdoor operations and delivery and
shipping of material that is necessary to ensure the uses compatibility with
surrounding areas.
(a) iii. The Planning Council may shall reduce the minimum number of parking
spaces required for the property involving two or more uses if their parking
demand is anticipated to overlap.
I. Area and Bulk Requirements:
2. In addition, the Planning Council may should eRtablish recommend to the City
Commission maximum front and street side lot line setbacks and minimum height
requirements for any expansion, rehabilitation, redevelopment, or new
development if they determine it is necessary to maintain the urban character of
the neighborhood.
Regular Commission Meeting Minutes—09/14/2011 18
3. Where more than one principal use is allowed on a lot of record, setbacks between
the buildings shall be based on the yard setbacks of the underlying zoning district,
but may be modified by the Council City Commission if they are
determine that adequate conditions have been included to address public health
and adequate emergency access within the site.
J. Standards:
2. Lot Size and density — Lot size Ghall should not apply. Density shall not
exceed fifteen (15) dwelling units per acre:
L. Application Procedures:
2. The Mayor and City Commission - . - ' ' . - -•-: shall review
and approve, deny, or modify its approval through ordinance.
3. A piece of property that has been disapproved for development under this
4. An application may be withdrawn without prejudice prior to the public
hearing. - . , . . . . • . . • . . • . . - .
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Mayor Taylor Yes
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO CHANGE THE ZONING DISTRICT OF THE PROPERTY
IDENTIFIED BY FOLIO 08-2121-007-2700 AND IDENTIFED BY ADDRESS 3325
NW 135 STREET, FROM B-3 (COMMERCIAL INTENSIVE) ZONING DISTRICT TO
I-3 (INDUSTRIAL PLANNED DEVELOPMENT) ZONING DISTRICT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Holmes...the motion died for lack of a seconded.
Regular Commission Meeting Minutes—09/14/2011 19
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN (CMDP)
OF THE CITY TO CHANGE THE LAND USE OF THE PROPERTY IDENTIFIED BY
FOLIO 08-2121-007-2700 AND IDENTIFIED BY ADDRESS 3325 NW 135 STREET,
FROM COMMERCIAL TO INDUSTRIAL; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Holmes...the motion died for lack of a seconded.
Commissioner Holmes briefly described the area for the proposed business and said he
was in favor of it because it would revitalize the area as well as bring jobs to the
community.
In looking at the growth of the city, more specifically the main corridors, Vice Mayor
Johnson said she is not looking at trucking, but retail and commercial.
Commissioner Holmes suggested that the Commission allow the attorneys representing
the owners of the property to speak. There being no objection from the Commission, the
attorneys were allowed to address the Commission.
Attorney Javier Vasquez of 6500 Cow Pen Road, Miami Lakes, Florida, came forward on
behalf of Zepol Holdings along with State Representative Cynthia Stafford on behalf of
co-counsel Robert Holland. Mr. Vasquez asked for further clarification on what had just
occurred with the ordinances for Zepol Holdings.
Attorney Geller advised that at this point it is the pleasure of the Commission; if a
Commissioner would decide to come forward and seconded the motion then the seconded
could still be taken and the item could still receive a full discussion and debate.
Mr. Vasquez requested a seconded to allow him to proceed and present their application.
He asked if there was a possibility for a seconded to the motion after the presentation.
Attorney Geller replied, yes.
Mr. Vasquez provided a brief overview and history of the property located at 3325 NW
135th Street, Opa-locka, Florida. He highlighted the steps taken throughout the process
and the delays placed on the applicant. He introduced into the record pictures of the
property, existing condition in the area, proposed elevations, property pre & post clean-
up, and neighboring uses which include used truck sales, metal recycling operations,
heavy equipment operators and used auto parts dealer.
Rep. Cynthia Stafford spoke on behalf of the applicant and requested that the City
Commission grant this application.
Regular Commission Meeting Minutes—09/14/2011 20
Of concern to Vice Mayor Johnson was having too many businesses coming into the city
making false promises of jobs, etc. and she would like to have more retail in Opa-locka.
Additionally, the owners did not do due diligence prior to purchasing the land to find out
what the property was zoned for.
Mr. Vasquez asked that the Commission have a vision realizing that things developed in
different ways than anticipated. He presented a declaration of restrictions to run with the
ownership of land which they worked very closely with staff. He respectfully requested
Commission approval as per the city's professional planning staff recommendation and
that of the Planning Council.
Mayor Taylor relinquished the gavel to Vice Mayor Johnson and seconded the motion on
ordinance 18A2 and 18A3.
It was moved by Commissioner Holmes, seconded by Mayor Taylor to pass ordinance
18A2 on first reading.
There being no further discussion, the motion failed by a 2-2 vote.
Commissioner Holmes Yes
Commissioner Miller No
Commissioner Tydus Not present
Mayor Taylor Yes
Vice Mayor Johnson No
It was moved by Commissioner Holmes, seconded by Mayor Taylor to pass ordinance
18A3 on first reading.
There being no further discussion, the motion failed by a 2-2 vote.
Commissioner Holmes Yes
Commissioner Tydus Not present
Commissioner Miller No
Mayor Taylor Yes
Vice Mayor Johnson No
Commissioner Holmes stated that the applicant can request to wait until the full
Commission is present.
Vice Mayor Johnson asked for legal opinion from the City Attorney in order to be fair to
the applicant and allow them to present their item when the full Commission is present.
Attorney Geller stated that the applicant has the right to request that the full body is
present as Commissioner Holmes indicated, but the record would be clearer if someone
Regular Commission Meeting Minutes—09/14/2011 21
on the prevailing side would move to reconsider and defer to the next meeting with the
hope that there's a full Commission present.
Vice Mayor Johnson returned the gavel to Mayor Taylor.
Motion was made by Vice Mayor Johnson, seconded by Commissioner Holmes to
reconsider and defer items 18A2 and 18A3 to the next regular commission meeting.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Not present
Mayor Taylor Yes
For the record, Attorney Geller stated that the Commission has voted to reconsider the
items that failed on a tie vote and defer it to the next meeting.
Mayor Taylor asked, is the applicant aware that the property is in a school zone?
Jaime Lopez, property owner of 3325 NW 135th Street, Opa-locka, Florida, came forward
and said he was aware of the property being in a school zone; however, their operation
starts before school starts and ends after school has ended.
Vice Mayor Johnson said she had never seen an ordinance come back for reconsideration.
She requested to see something in writing to that effect on the following day. Because she
didn't have enough information, she said she would look at the new information provided
for reconsideration.
Because the full Commission was not present and the vote was split, Commissioner
Holmes said the Commission has always provided the applicants an opportunity to bring
it back when the full Commission was present.
4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO RENEW A THREE
(3) YEAR CONTRACT WITH SOFTWARE HOUSE INTERNATIONAL (SHI) FOR
MICROSOFT ENTERPRISE LICENSING, APPLICABLE TO MICROSOFT OFFICE,
DESKTOP AND SERVER OPERATING SYSTEM, EXCHANGE AND SQL SERVER
AT A YEARLY COST OF EIGHTEEN THOUSAND THREE HUNDRED TWENTY
DOLLARS ($18,320.00), PAYABLE FROM ACCOUNT NO. 14-512528; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
Regular Commission Meeting Minutes—09/14/2011 22
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above ordinance.
Vice Mayor Johnson asked, is the amount reflected in the resolution available under the
account number?
Manager Finnie replied, yes.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Mayor Taylor Yes
B. SECOND READING/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA TO APPROVE, ADOPT AND SUBMIT THE CITY'S PROPOSED
EAR-BASED COMPREHENSIVE PLAN AMENDMENTS, WITH CHANGES
RECOMMENDED BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AS REQUIRED BY FLORIDA STATUTES 163 TO ENSURE CONSISTENCY WITH
RULE 9J-5, F.A.C.; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE
(first reading held on July 27, 2011). Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
Mayor Taylor opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to pass the
above resolution.
Mayor Taylor asked, would the previous applicants request for a change affect the
comprehensive plan?
Attorney Geller replied, no. If their change were to be approved, it would further amend
the comprehensive plan. This is on second reading and the previous applicants were on
first reading, they could not have received final approval of their master plan change until
this ordinance passes.
There being no further discussion, the motion passed by a 4-0 vote.
Regular Commission Meeting Minutes—09/14/2011 23
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Not present
Mayor Taylor Yes
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 86-8, SECTION 6.11 (B) AND 6.12
(B) OF THE LAND DEVELOPMENT CODE PROVIDING FOR THE ADDITION OF
WASTE TRANSFER STATION AS A SPECIAL EXCEPTION USE WITHIN THE I-2
AND I-3 ZONING DISTRICTS; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first
reading held on June 22, 2011). Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
Mayor Taylor opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Holmes...motion died for lack of seconded.
Vice Mayor Johnson suggested that the ordinance is brought back when the full
Commission is present.
Attorney Geller stated that this didn't go to a vote; something that didn't get a seconded
has not been defeated by a vote of the Commission and it can be brought back. If there is
willingness on the part of the Commission to bring something back, then they can do that.
Otherwise, the Commission can second it and vote to defer it until a subsequent meeting
when there is a full Commission.
Vice Mayor Johnson asked, so the Commission can bring it back?
Attorney Geller advised that the ordinance would have to start over again with first
reading; however, if the Commission desires to bring the ordinance back as a second
reading then a second is needed to defer it to a subsequent meeting when there is a full
Commission.
He went on to say that there is a prohibition against certain ordinances coming back if
they are defeated; he doesn't think that applies here, but if this items fails, you just don't
pick up where you left off, it would have to go back through first reading unless there is a
seconded and then a vote to defer. This ordinance is not prohibited from being
reintroduced because the Commission has not voted against it, but if it fails for lack of a
seconded, the ordinance would have to come back on first reading. If the Commission
desire is to leave second reading pending for the full Commission to be present then a
seconded is needed to defer the ordinance.
Regular Commission Meeting Minutes—09/14/2011 24
Vice Mayor Johnson stated that she is still not comfortable with the City Attorney's
advisement at this point because the charter says if an ordinance deals with land usage
then it can't be brought back. This ordinance can come back, but if it gets a seconded and
fails, then it can't.
Attorney Geller agreed with Vice Mayor Johnson.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to defer the
above ordinance to the Regular Commission Meeting of September 28, 2011.
Mayor Taylor asked, what position would this ordinance be in?
Attorney Geller said the ordinance would be in the exact same position.
There being no further discussion, the motion to defer failed by a 2-2 vote.
Commissioner Miller No
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Mayor Taylor No
C. RESOLUTION/PUBLIC HEARING:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO APPROVE THE FINAL SITE PLAN FOR THE
CONSTRUCTION OF A SNAPPER'S FISH AND CHICKEN RESTAURANT AT THE
CORNER OF VETERAN'S WAY AND TWENTY-SECOND AVENUE, FOLIO 08-
2122-025-0270; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller
Mayor Taylor opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the
above resolution.
Vice Mayor Johnson asked, was a traffic impact study completed on this area?
Manager Finnie replied, no.
Vice Mayor Johnson stated that the Planning Council should have requested a traffic
impact study as the city's obligation.
Regular Commission Meeting Minutes—09/14/2011 25
Manager Finnie stated that the clients have done their analysis of the site based on the
traffic.
Alvin Burke, City of Opa-locka Planning Council member came forward and said that
they did not request a traffic impact study. However, they did ask staff if a study was
done and staff indicated that the owners of Snappers did a traffic impact study.
Commissioner Holmes suggested that the Commission be mindful of the surrounding
area this business will located in.
Vice Mayor Johnson said she is in support of this resolution, but she wants to make sure
the city has everything documented and not dependant on the business owner.
Additionally, she recalled as member of the Planning Council that there was a checklist
and this lets her know that the checklist is not being adhered to. If all the information was
included in the package, then she would not have to ask for it.
Mayor Taylor recalled as member of the Commission asking for a checklist of items from
the Planning Council which should be included in the package. She asked, is there still a
checklist?
Howard Brown, Community Development Director for the City of Opa-locka came
forward and said that there is a checklist, but it was just not in this packet.
Mayor Taylor requested that the checklist be a part of the back up documentation so that
the Commission can follow the list to make sure all items have been completed. This
would apply to all future Planning Council items coming before the City Commission.
Commissioner Miller directed the City Manager make sure his staff provide all required
information and are knowledgeable of their respective items placed on the agenda. She
expressed her frustration with having to hear the Mayor and Vice Mayor repeat the same
directives over and over again.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Holmes Yes
Commissioner Tydus Not present
Vice Mayor Johnson Yes
Commissioner Miller Yes
Mayor Taylor Yes
19. ADMINISTRATION:
CONSENT AGENDA:
A. CITY MANAGER'S REPORT:
Regular Commission Meeting Minutes—09/14/2011 26
Manager Finnie announced that the city's pump stations (1 & 2) were tested and passed.
Those pump stations are now eligible to go on line and operate and the city will be
finishing up the paper within the next 30 days.
He commended Kierra Ward for an excellent job with the enrollment for city employee
health benefits.
He went on to say that he would be contacting the members of the Commission within
the next couple of week for input relating to the expenditure of the 2.5 Million Dollars
allocated by the county for City Hall.
As it relates to the flooding on NW 131 Street, he asked the Public Works Director to
identify resources for drainage.
Commissioner Miller inquired about the start date for the drainage on NW 143rd Street.
Fritz Armand, Public Works for the City of Opa-locka came forward and advised that
Attorney Kramer is reviewing the RFP package.
Manager Finnie assured the Commission that once he receives the RFP package, it would
be publicized and go through the process to identify a contractor so that they can move
forward. He went on to inform the Commission that he would have a meeting with staff
to discuss the strategy for this project.
Of concern to Commissioner Miller was making sure the city didn't lose those funds or
that the funds would be detoured to another project.
Commissioner Holmes informed the City Manager that there are many citizens who
would like to have the option of paying their utility bill online via the internet. He
directed the City Attorney to prepare an ordinance or resolution for this purpose if it was
necessary.
Additionally, he stated to the City Attorney that he previously requested information
relating to Johnson Controls, but he has yet to receive a response from anyone. He
directed the City Attorney to prepare a resolution for the next commission meeting for the
city to look into the water meters from Johnson Controls that everyone is complaining
about.
Attorney Geller informed the Commission that his partner Attorney Kramer meet with
the entire staff and he's asked for a report on it. He anticipated having the report in their
hands this week. He asked whether Commissioner Holmes still wanted a resolution.
Commissioner Holmes directed the City Attorney to move forth with preparing the
resolution relating to Johnson Controls.
Regular Commission Meeting Minutes—09/14/2011 27
He continued by requesting that the City Attorney draft an ordinance to change the city's
code relating to the time for commission meetings so that the meetings are held during
the daytime.
Vice Mayor Johnson directed the City Manager to include in his report an update on the
prescription drug discount program. Additionally, in the Johnson Controls report, she
requested that it address the monies paid by the city for cameras in various areas which
were never installed.
She requested that the city revisit Superior Gardens to address the garbage and debris in
that area. Perhaps the city can work with the Homeowners Association to address the
deplorable condition.
She further stated that annexation had been one of her items of discussion since 2002 and
although she didn't mind doing a shared sponsorship, she directed the City Manager and
City Attorney to start working on the annexation area of NW 27th Avenue going south
and if the mayor or anyone else wants to co-sponsor it then that is fine.
Manager Finnie said he would provide a report as to where the city is to date in terms of
annexation.
In speaking with the City Attorney, Vice Mayor Johnson learned a study has to be
completed and if this is the case then she suggested that it get done.
She directed the City Attorney to look at the possibility of placing surveillance cameras
on the parks. Previously, she reported illegal activity occurring on the bus bench near the
park.
Manager Finnie advised that the bus bench was relocated.
Vice Mayor Johnson stated that the street signs for President Barack Obama read Barack
Obama and the city will not be disrespectful. She directed whoever is in charge of getting
the signs that it should say "President Barack Obama".
Attorney Geller added that there is a sign for the late Mayor Robert Ingram which had his
name misspelled.
Vice Mayor Johnson suggested that the signs are corrected immediately. Also, Mr. Fritz
is working on the employee memorial and she would like to get that done in 2011.
Commissioner Holmes announced the City of Opa-locka Commissioner Timothy Holmes
First Annual Youth Classic would be held on September 16— 17, 2011.
In the packet provided to the Commission by the City Manager, Mayor Taylor stated that
one of the items was the city not having a line of credit. Since the passing of the
resolution for Wells Fargo, she said she and the City Manager will go visit upper
Regular Commission Meeting Minutes—09/14/2011 28
management of the bank to discuss community friendliness and redlining. In regards to
the follow up from the workshop, the City Manager provided the water charges amnesty
and indicated that the city is contractually prohibited to permit connections without
making a charge for services. With that being said, perhaps the City Manager
misunderstood her because what she wanted was to include the utility in the amnesty
program to help residents reduce their debt to the city.
Manager Finnie asked for the opportunity to sit down and redo the memorandum because
that memorandum speaks to the city's financial obligation to the state and the city may be
prohibited from doing that.
In the packet provided by the City Manager to the Commission, Mayor Taylor stated that
there is a document that itemizes where the money went for the bond. Although the total
is reflected in the document, the City Manager did not factor in the Sherbondy Park
project by subtracting it from the total. The Commission is under the understanding that
there is a 7.7 Million Dollar total and this page must be corrected to reflect those monies
that were moved.
As it relates to the 2 Million Dollars grant for Historic City Hall, she requested that the
City Manager contact the commissioner to see if a portion of that money could be
released in advance to repair the roof..
Manager Finnie said he would be talking to the Commission and the building does need
to be repaired, however, the city must get an architect with expertise in Historic
Preservation in order to design.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and informed the
Commission that included in their packets are the financial reports required. For the
record, the city's reserve fund is $565,000.00.
Vice Mayor Johnson requested that all future reports include the amount in the reserve.
20. OFFICIAL BOARD REPORTS:
21. CITY ATTORNEY'S REPORT:
Attorney Geller stated for the record that he would be not be present at the Regular
Commission Meeting of September 28, 2011 due to a religious holiday. Attorney Michael
Rodriguez would be present in his absence.
22. CITY CLERK'S REPORT:
Regular Commission Meeting Minutes—09/14/2011 29
Vice Mayor Johnson requested that the City Clerk prepare a proclamation for the City of
North Miami Police Department for their excellent response during a recent incident.
23. MAYOR/COMMISSION REPORT:
24. OFFICIAL BOARD APPOINTMENTS:
25. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Miller, seconded by Vice Mayor Johnson to adjourn the meeting at 10:41
p.m.
iii
lam'
AMA /6R
ATTEST:
1
CITY CLERK
Regular Commission Meeting Minutes—09/14/2011 30