HomeMy Public PortalAbout01- January 11, 2012 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
JANUARY 11, 2012
7:00 P.M.
OPA-LOCKA MUNICIPAL COMPLEX
780 Fisherman Street, 2nd Floor
Opa-locka, FL 33054
1. CALL TO ORDER:
Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, January
11, 2012 on the 2nd Floor of the Opa-locka Municipal Complex, 780 Fisherman Street,
Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Vice Mayor Dorothy
Johnson, Commissioner Rose Tydus, Commissioner Gail Miller, Commissioner Timothy
Holmes and Mayor Myra L. Taylor. Also in attendance were: City Manager Bryan K.
Finnie, City Attorney Joseph S. Geller and City Clerk Deborah S. Irby.
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):
The following resolutions were pulled from the Consent Agenda to be discussed
separately under agenda item 15 —Action Items: 19-2, 19-3 (Johnson); 19-4 (Miller); and
19-1 (Holmes).
Manager Finnie deferred agenda items 17A1 and 18C1 to allow for the item to go back
before the Planning Council.
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 5-0 vote.
Regular Commission Meeting Minutes—01/11/2012 1
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
Request to amend the agenda to include the following resolution as agenda item 16-1:
16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DESIGNATING SIGNATORIES FOR ALL CITY ACCOUNTS
ATTACHED HERETO AS EXHIBIT "A"; RESCINDING RESOLUTION NO. 11-8256
AND REVOKING ALL PRIOR AUTHORIZATIONS GRANTED HEREIN;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to amend the
agenda to include the above resolution as item 16-1.
There being no discussion, the motion to amend the agenda failed by a 3-2 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes No
Mayor Taylor No
To address the confusion as to whether the motion failed or pass, Attorney Geller
explained that it takes four votes to amend the agenda; therefore, the item didn't get
amended to the agenda because it only received three affirmative votes.
Because this item failed to get amended to the agenda, Vice Mayor Johnson asked, who
will sign checks for the city?
Commissioner Holmes said that the same individuals would be authorized to sign checks:
the City Manager, City Clerk and the Finance Director.
In response to Commissioner Holmes, Vice Mayor Johnson said she was not aware of
who signed the city checks. She asked for an explanation as it relates to the rescinding of
a previous resolution.
Manager Finnie advised that this is the standard signature authority provided subject to
the change of management. Generally he asked for signature since the Assistant Finance
Director has left the city and he wanted to replace her temporarily to have the four
signatures; however, the city does have three signatures that are active on the previous
resolution that would allow the city to operate.
Vice Mayor Johnson asked, what are the current signatures on record?
Regular Commission Meeting Minutes—01/11/2012 2
Manager Finnie replied, Dr. Ezekiel Orji, the City Clerk Deborah Irby and himself as the
City Manager.
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
Commissioner Tydus along with the City Commission presented a commendation for
Business of the Month to Eloy Romo of Romo's Pizza for his dedication and
commitment to the community.
Mayor Taylor congratulated and welcomed the new Deputy Chief Sanchez of the Opa-
locka Police Department.
8. APPROVAL OF MINUTES:
Regular Commission Meeting— 12/14/2011
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the
minutes of the Regular Commission Meeting of December 14, 2011.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Mayor Taylor Yes
9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT:
10. STATE SENATORS REPORT:
11. STATE REPRESENTATIVES REPORT:
12. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner, Community Liaison for Miami-Dade County Commissioner Barbara
Jordan's Office (District 1) came forward and provided information on the availability of
the Mom &Pop grants for businesses.
As it relates to the redistricting, Vice Mayor Johnson said she noticed a portion of the
City of Opa-locka was lost to District 2. She said she was appreciative of the notice
provided by Commissioner Jordan regarding the meeting held in which Commission and
community support was needed. In moving forward, she requested that the Commission
receive as much information as possible.
Regular Commission Meeting Minutes—01/11/2012 3
Mayor Taylor questioned Mr. Gardner about the meeting information for redistricting
which she believed began in September; however, the Commission was not made aware
until the last minute.
Mr. Gardner informed the Commission that he wasn't aware of these meetings up until
the last minute.
Of concern to Mayor Taylor was the fact that the information for the meetings was not
provided to the Commission in advance.
Vice Mayor Johnson clarified that the public meeting was not opened in September; the
meeting and dialogue that took place was amongst the County Commission. However,
Miami-Dade County website did post the public hearing and that's when the Commission
was notified because that is the only opportunity for input.
She continued by saying that she would like for city staff to be more engaged and look up
information to provide to the Commission.
Mayor Taylor requested that Mr. Gardner keep the Commission abreast of what is going
on.
13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
14. PUBLIC PRESENTATION:
14a. CITIZENS' FORUM:
1. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City
Commission in support of agenda item 19-4. His concerns have dated back to last year
when he informed the Commission of pending cases that would cost the city in excess of
$100,000.00. Other concerns included the lift stations throughout the city; unnecessary
expenditures of city funds; contracted services at Sherbondy Village for local businesses;
and the treatment and low morale of city employees which affects the productivity of city
services.
2. Eldridge Redmon of 2766 NW 131St Street, Opa-locka, Florida, came forward and
spoke in opposition to agenda item 19-4. It was his opinion that the resolution was based
off the rumor mill. He spoke in favor of the City Manager as a result of his recent actions
in addressing issues affecting city residents. He went on to say that the same individual
who just left the podium is part of the rumor mill and is trying to encourage individuals.
3. Johnnie Greene of 2091 Wilmington Street, Opa-locka, Florida, appeared before
the City Commission in support of the hardworking city employees out on the field. She
mentioned that some of the Urban Rangers and Water Meter Readers of the city have
come to her and expressed their concerns relating to the unfair treatment, verbal abuse
and threats. She suggested that this matter be straightened out to prevent any additional
lawsuits against the city.
Regular Commission Meeting Minutes—01/11/2012 4
She added that the Urban Rangers also indicated that they will soon have to cut the
alleyways because the current contractor will no longer be providing those services. Due
to the Urban Rangers hard work and added duties, she encouraged the city to provide
those employees with an increase.
Vice Mayor Johnson suggested that employees be directed to the right channel if in fact
they are approaching citizens regarding employer concerns. She added that she was
approached by several individuals regarding job openings for Urban Rangers which she
has no knowledge of. In reviewing the November and December check registers, she
noticed $192,000.00 expenditures which she is concerned about and although it is
budgeted for, the city shouldn't be spending every penny. Of further concern was the
culture, treatment of people, and performance because at the end of the day the city
should be dealing with the Department Directors to make sure there is 8 hours work for 8
hours pay.
She further stated that it is wrong for any member of the City Commission to get
involved with the day to day operations of the city, but it is happening and it is wrong. If
all of this is happening, then it must be addressed through the proper channels because
there are too many people in this city playing games.
4. Victor Frais, Principal of North Park High School came forward and provided a
brief overview of the school which is located in Opa-locka and servicing youth between
the ages of 16-21 who are currently out of school.
5. Linda Parker, resident on Arabia Avenue, Opa-locka, Florida, appeared before the
City Commission and expressed her concerns relating to one of her neighbor's children
not being able to receive a toy at the Holiday in the Park.
6. Luis Santiago, an Opa-locka resident, came forward and commended the city for
the improvements in the Opa-locka Police Department and the administration for doing a
great job. Because everyone is always watching the decisions of the city, he said the New
Year is a great time to make changes and resolutions for the betterment of the
community. He encouraged the Commission and staff to keep up the good work.
7. Jason Higgins of 13875 NW 22nd Avenue, Apt. 253, Opa-locka, Florida, appeared
before the City Commission and expressed his many concerns regarding the 22nd Avenue
Apartments that included an increase in crime due to the lack of on site security, lack of
housing inspections, curfew not being enforced, increased drug activity, trespassing,
sexual activity and the overall poor management of the facility.
Vice Mayor Johnson agreed to contact Cindy Broussard of the 22nd Avenue management
team about these concerns.
Mayor Taylor suggested that the City Manager look into and address the concerns.
She further encouraged Mr. Higgins to report any signs of retaliation to the Chief of
Police and the City Manager.
Regular Commission Meeting Minutes—01/11/2012 5
8. Shalonda Rivers, resident of the 22nd Avenue Apartments, came forward and
addressed the lack of curfew enforcement by property management and the police
department and the overall poor management of the facility. In addition, there is an
existence of mold throughout the entire complex. She suggested that the city somehow
make the management company accountable.
Mayor Taylor directed the City Manager to look into these concerns right away. She
suggested that there be an action plan after the dialogue.
9. Steven Barrett of 633 Sharar Avenue, Opa-locka, Florida, came forward and
stated that in dealing with employees he will check out whatever they say first before he
says anything because there are some good employees as well as bad employees. He
provided several incidents he witnessed of poor workmanship by city employees. He
suggested that the Commission not go by what they have heard, but instead check it out
and get the facts first.
He said he would like the Commission to let the citizens know some of good positive
things they would like to see this year.
Manager Finnie requested that the Commission allow Chief Cheryl Cason of the Opa-
locka Police Department to come forward for a presentation.
Chief Cheryl Cason of the Opa-locka Police Department briefly introduced the newest
addition to their fleet, a T3 Series Personal Mobility Vehicle. Major Evelyn Barrett of the
Opa-locka Police Department and Director of the Community Empowerment Team
(CET) shared some of the ideas and plan for the utilization of the two (2) T3 Personal
Mobility Vehicle and the eight(8)new mountain bikes.
Chief Cason publicly recognized Major Eleven Barrett and Major Miguel Galvez for
stepping up to the plate during a period when the Opa-locka Police Department was
going through some issues. She further introduced the new Assistant Chief Antonio
Sanchez.
Assistant Chief Antonio Sanchez of the Opa-locka Police Department expressed his
appreciation for the opportunity to serve the city and promised to give his full dedication
to the City of Opa-locka and the Opa-locka Police Department.
15. ACTION ITEMS (items from consent agenda pull list):
Commissioner Holmes suggested that the Commission consider 19-4 before 19-3.
Commissioner Miller questioned the need to consider 19-4 before 19-3.
Mayor Taylor said that there would be no need to talk about money for the City Manager
if 19-4 has a concern.
Attorney Geller advised that the items could be moved with the consent of the
Commission.
Regular Commission Meeting Minutes—01/11/2012 6
It was moved by Commissioner Holmes, (Mayor Taylor relinquished the gavel to Vice
Mayor Johnson) seconded by Mayor Taylor to consider 19-4 before 19-3.
There being no discussion, the motion passed by a 4-1 vote.
Commissioner Tydus Yes
Commissioner Miller No
Commissioner Holmes Yes
Mayor Taylor Yes
Vice Mayor Johnson Yes
Vice Mayor Johnson returned the gavel to Mayor Taylor.
1. (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO RATIFY THE CITY MANAGER'S EXPENDITURE
FOR THE EMERGENCY PURCHASE OF FOUR VALVE AND APPURTENANCES
COSTING TWENTY-NINE THOUSAND FIVE HUNDRED EIGHT DOLLARS AND
FORTY-FIVE CENTS ($29,508.45) FOR EMERGENCY REPAIR OF PUMP
STATION 14 FORCE MAIN VALVES, PAYABLE FROM ACCOUNT NUMBER 35-
535690; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
Commissioner Holmes asked for an update on the progress of pump station 14?
Manager Finnie requested that the Public Works Director come forward to respond to the
question presented by Commissioner Holmes.
Fritz Armand, Director of the City of Opa-locka Public Works Department came forward
and reported that the pump station should be completed by the end of April 2012.
There being no further discussion, the motion passed by a 4-1 vote.
Commissioner Holmes No
Vice Mayor Johnson Yes
Commissioner Miller Yes
Commissioner Tydus Yes
Mayor Taylor Yes
2. (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT A
MIAMI-DADE COUNTY GRANT FOR THE CITY OF OPA-LOCKA YOUTH
CRIME PREVENTION PROGRAM IN THE AMOUNT OF FORTY-ONE
Regular Commission Meeting Minutes—01/11/2012 7
THOUSAND SIX HUNDRED AND FIFTY DOLLARS ($41,650.00); 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.
Vice Mayor Johnson asked, who wrote this particular grant?
Manager Finnie replied, Mr. Smith.
Vice Mayor Johnson asked, is this a new grant or a renewal?
Manager Finnie stated that this is a renewal and it was originally written by Mr. Smith.
The county has been renewing this grant over the last couple of years.
Vice Mayor Johnson questioned the period of the.grant due to inconsistencies in dates in
the documentation provided.
Manager Finnie stated that he would provide the term of the grant via memorandum on
the following day.
Vice Mayor Johnson expressed the importance of having legislative history for this and
every item coming before the Commission. In her review of the supporting
documentation there is indication that this is a new grant and not a renewal.
There being no further discussion, the motion passed by a 5-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Mayor Taylor Yes
3. (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO REMOVE BRYAN K. FINNIE AS THE CITY
MANAGER, DUE TO LACK OF CONFIDENCE; 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 Miller, seconded by Commissioner Holmes to pass the
above resolution.
Regular Commission Meeting Minutes—01/11/2012 8
Commissioner Miller expressed her frustration with the constant change in City
Managers and said that every time an individual on the Commission gets mad they want
to remove the City Manager. She stated that the city will never be a "5 Star" city if the
Commission continues to fire and hire City Managers.
Commissioner Holmes made it clear that this was not personal and he continued by
providing a list of allegations against the City Manager that included issues concerning
the attempt to outsource the Code Enforcement and Building & License Departments,
taking away Code Enforcement Officers vehicles, failure to require businesses to display
the"No Saggy Pants" sign as required in the ordinance, failure to follow through with his
numerous requests for an inquiry on Johnson Controls, failure to look into an early
retirement package for employees, failure to move forth with renovations/repairs to
Historic City Hall following the $2,000,000.00 grant award from Commissioner Jordan's
office, failure to follow through with the rulings of the Personnel Board on employee
matters to reduce costs, failure to adhere to Judge orders on matters concerning former
employees, failure to repair low area on NW 151st Street at NW 32nd Avenue after
numerous requests, failure to provide information by specified date as requested by a
colleague at the last commission meeting regarding the city's 12 bank accounts, failed to
take a proactive approach for relocating city offices from Town Center Building to save
the $600,000.00 annual rental fee, failure to address the mold at Historic City Hall in a
timely fashion, not addressing the city's pump stations, the existing low morale of city
employees, failure to make sure Sherbondy Village project had adequate parking spaces,
failed to move forth with the renovations at Segal Park, and inability to respectfully
address his staff.
He said these are the reasons why he sponsored the resolution because he can no longer
have any dealings with Mr. Finnie.
Vice Mayor Johnson said she would not support this resolution because she is not 100%
convinced of what Mr. Finnie can do; but she has seen improvement and with some
guidance, direction and commitment, the City Manager can get the job done. She said she
is willing, based on the previous resolution, to go until June 30, 2012. However, she is
concerned because she feels personally that too many employees run to the Commission
when things don't go their way and the Commission interferes. She expressed her
concerns relating to employees taking their grandchildren to school in a city vehicle,
employees taking things for granted and not correcting the situation, and lack of
employee loyalty and pride in this city. Everything her colleague mentioned indirectly to
the City Manager, but shame on each of the department directors and employees because
they are not doing their jobs. The job will not get done when every time something
doesn't go an employee's way, that individual runs to a commissioner.
She continued by saying that this city will never be a Five Star City because it is
corrupted until they don't get leaders and employees that want to do the right thing.
She further stated that she could not be supportive of this resolution; however, she does
think the salary should be reduced until that person has proven themselves to that salary.
Regular Commission Meeting Minutes—01/11/2012 9
Commissioner Tydus stated that she was not in support of this resolution and in all due
respect to Commissioner Holmes concerns, some have been addressed in the past and
some she's hearing for the first time. Most of those concerns, Commissioner Holmes was
privy to during the time of his support of the City Manager and that concerns her. Also,
according to the Charter or the Code, this resolution should have been accompanied with
charges giving the City Manager an opportunity to respond within a certain amount of
time and that was not done. She requested that the City Manager respond to the
Commission in writing as to those concerns mentioned by Commissioner Holmes.
She went on to say that there are three officials of whom the Commission is responsible
for: the City Clerk, City Manager, and the City Attorney. In her opinion, the top
administrator, the City Manager's position, is of top importance. Having understanding
that, the Commission must think about stability and overall performance and evaluation
in the hiring and firing of that individual. This is what she will also base her decision on,
not on rumor and not on isolated situations.
There being no further discussion, the motion failed by a 3-2 vote.
Commissioner Tydus No
Commissioner Miller No
Commissioner Holmes Yes
Vice Mayor Johnson No
Mayor Taylor Yes
4. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO SPECIFY THE TERMS OF COMPENSATION OF
BRYAN K. FINNIE AS CITY MANAGER; 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.
Vice Mayor Johnson provided a brief explanation as to the terms of compensation for the
City Manager. She proposed an amendment to Section 2(a) of the resolution for a
reduction in the monthly rate of pay from $8,750.00 to $7,000.00.
Commissioner Tydus stated that the $7,000.00 monthly rate would bring it to an amount
equal to or less than some of the City Manager's department heads and that would be
unfair.
Vice Mayor Johnson withdrew her recommendation for the reduction of salary based on
the possibility that there may be department directors who would be making more than
the City Manager which would be unfair.
Regular Commission Meeting Minutes—01/11/2012 10
Since the city doesn't pay staff based on accomplishments, but based on the pay scale
budgeted because sometimes the city escalates which leads to a deficit at the end of the
year, Mayor Taylor said she would have like to have the pay scale in front of them.
Commissioner Holmes suggested that the resolution be continued until the next meeting
to allow for the Commission to be provided with the necessary information.
Mayor Taylor also suggested that the resolution be deferred until the Commission can
have all of the facts in front of them.
Vice Mayor Johnson stated that if the Commission holds on this resolution, the City
Manager would be operating on the current resolution approved with a monthly rate of
$8,750.00. She provided her reasoning for not wanting to defer the resolution.
Commissioner Miller suggested that the vote be taken on the resolution because it is
unfair to put the City Manager on hold because everybody is upset after things didn't go
their way.
Mayor Taylor explained that this was not about the City Manager, but about the concern
Commissioner Tydus raised and the Commission not having the pay scale before them to
be able to determine whether any department director salary is more than the City
Manager. She said she had already given her issues with Mr. Finnie on more than one
occasion and as Mayor she cannot support him as City Manager of the City of Opa-locka.
There being no further discussion, the motion passed by a 3-2 vote.
Commissioner Miller Yes
Commissioner Holmes No
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor No
16. NEW ITEMS:
17. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
B. SECOND READING/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING SECTION 21-80, DEPOSITS, OF THE CODE OF
Regular Commission Meeting Minutes—01/11/2012 11
ORDINANCES OF THE CITY OF OPA-LOCKA; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE (first reading held on December 14, 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 ordinance on second reading.
There being no discussion, the motion passed by a 5-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Mayor Taylor Yes
C. RESOLUTION/PUBLIC HEARING:
19. ADMINISTRATION:
CONSENT AGENDA:
A. CITY MANAGER'S REPORT:
Manager Finnie reported to the Commission the status of the request at the last regular
commission meeting for workshops on Sherbondy Village and the city's lift station
initiative. He announced that the Employee Appreciation Day is scheduled for Tuesday,
January 24, 2012 from 11:00 a.m. —2:00 p.m.
He informed the Commission that he has been assessing the city's operations and looking
at areas where he could save money and become more efficient. In looking at those areas
and trying to maintain an operating budget, he's had to make tough recommendations and
the city will have to make some hard decisions as they move forward.
He continued by saying that in the coming months the Commission could expect the
following: reactivation of the sidewalk repair program, planning efforts for Segal Park,
rehabilitation efforts of the lift stations, completion of lift station no. 14, and
establishment of a weekly trash collection initiative.
He further stated that the RFP for sidewalks was re-issued due to some issues and
hopefully he would bring back to the Commission a recommendation on moving forward
with the sidewalk initiative.
Regular Commission Meeting Minutes—01/11/2012 12
Lastly, he provided an explanation of the correspondence from the Office of Community
Development relating to the city's relocation of offices to Sherbondy Park as a
governmental building.
Vice Mayor Johnson suggested that the City Manager seek legal advisement from the
City Attorney relating to one of the city's department obtaining a 501c3 without approval
from the city as reflected in the packet provided to the Commission.
Manager Finnie agreed with Vice Mayor Johnson 100 percent because the city is the
fiduciary agent for Weed & Seed. In the meeting, he recommended to Weed & Seed that
they not move forward until the Commission provided approval, but they disobeyed the
directive and they were counseled by their attorney that they could move forward. The
board is represented by the US Attorney's Office.
Vice Mayor Johnson questioned as to how the board for Weed & Seed is represented by
the US Attorney's Office when the Commission that governs the city doesn't know
anything about it and that needs to be corrected.
She continued by voicing her concerns regarding the garbage on NW 22nd Avenue,
charges for Direct TV for the Public Works Department as listed on the check register
when the city has Comcast, keeping the Commission aware of the hiring for Urban
Rangers, and providing notice in advance for events and activities taking place in the
city.
Commissioner Holmes reiterated that it was not personal with the City Manager, but he
would be taking notes and holding the City Manager accountable for what he says he is
going to accomplish in the city.
Commissioner Tydus directed the City Manager and City Clerk if they are in fact using
profane language when speaking to staff to cease and desist from this moment on because
it is not conducive to a good work environment.
After hearing what Mr. Finnie reported on the use of Sherbondy Park, Mayor Taylor said
she did not believe a word of it that the attorneys at the county would mislead and
misinform her. She said she read what the City Manager provided and it has stipulations.
A good portion of the city's money came from the bond, not from the county; only a
small portion came from the county. She challenged the City Manager on what he said
relating to this matter and said that she asked the City Manager from the beginning
whether he had a conflict of interest because she knew there was some sort of
relationship between him and owners of Town Center. She went on to say that she was
not satisfied that the City Manager does not want to move out of this building.
She continued by saying that she has made her position perfectly clear to the
Commission. She believed that the City Manager is slowing this up when the city should
have already been in the process of giving due notice to get out of this building and save
the people money.
Regular Commission Meeting Minutes—01/11/2012 13
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and informed the
Commission that included in tabs 5 & 6 of their packet is the financial reports.
Vice Mayor Johnson informed Dr. Orji that in his absence one of his employees from
Finance stated that the city had 12 bank accounts and she requested for a list of all city
bank accounts. She directed Dr. Orji to provide a list of all accounts, banking institution,
and the balance of each by the following day(01/12/2012).
Mayor Taylor asked whether the entire Commission received a copy of the pay plan.
Dr. Orji said that the pay plan is provided by the Human Resources Department.
20. OFFICIAL BOARD REPORTS:
John Riley, Chairman of the Civil Service Board came forward and stated his intent to
seek whatever action necessary after hearing the mentioning of criminal activity with the
board.
As far as the Housing Authority Board is concerned, he said that the clerk is ill, but he
hopes to hold meetings at the end of this month at the 22nd Avenue Apartments. He
would keep the Commission informed as to when the meetings would take place.
Additionally, he will be contacting the regional director and secretary for HUD to address
the management problem.
21. CITY ATTORNEY'S REPORT:
Attorney Geller provided an update on the CSX matter and addressed Commissioner
Holmes concern about the court orders for employee matters.
He continued by providing an update on the Flea Market case.
He further reported that Oliver Gilbert, III has joined Greenspoon Marder, P.A. Mr.
Gilbert will be assisting on Opa-locka matters and keeping office hours.
Vice Mayor Johnson requested that the City Attorney bring back a resolution for a smoke
free park and facilities in the city.
She also requested that the City Attorney provide the office hours for Mr. Gilbert.
She further stated that as per the last meeting, she was still looking for the charter
amendments.
Attorney Geller advised that he had a consultation with both the City Manager and the
City Clerk about that issue and they've indicated that they are close to resolving.
Regular Commission Meeting Minutes—01/11/2012 14
Vice Mayor Johnson said that the City Attorney reported the exact same thing relating to
the charter amendments at the last meeting and she needs something to be on the agenda
at the next meeting or at least by February 1, 2012.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to direct the
City Clerk and City Manager to submit the charter amendments in draft format to the
Commission by the first regular commission meeting in February 2012.
Mayor Taylor asked, is that enough time?
Attorney Geller referred to the City Clerk.
City Clerk Irby advised that the direction was for her to review the Miami Gardens
charter; however, there are charter amendments from several years ago that have come to
the City Commission numerous times. She asked, does Vice Mayor Johnson want those
same charter amendments to come back?
Commissioner Tydus reminded the Commission that they received a copy of Miami
Gardens charter months ago and by now they should have familiarized themselves with
that; therefore, she is in favor of Vice Mayor's motion that in draft form, the City Clerk
and the City Attorney present them with what they have been working on by the first
meeting in February.
There being no further discussion, the motion passed by a 5-0 vote.
Commissioner Miller Yes
Commissioner Tydus Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
Attorney Geller provided an overview of the CRA process as requested by Vice Mayor
Johnson.
Vice Mayor Johnson said she would get together with the City Attorney to discuss the
CRA and the status of the 501c3.
Mayor Taylor acknowledged the presence of Attorney Oliver Gilbert, III. Because Mr.
Gilbert is an elected official, she asked, would the upcoming election have an affect on
the City of Opa-locka as it relates to his position with the city?
Attorney Gilbert responded by saying it would not have an affect on the city.
At the request of Mayor Taylor, Attorney Geller provided further clarification as it relates
to the CSX issue.
Regular Commission Meeting Minutes—01/11/2012 15
Of concern to Mayor Taylor was that while the negotiations are taking place, the city
could at least put some pressure on FDOT to cut the grass. Also, FDOT needs to pay
attention to where SR9 interface with NW 27th Avenue.
Attorney Geller stated that the FDOT involvement is probably a positive thing because
the city's influence with FDOT is probably greater than with CSX. He agreed to
prioritize the issue Mayor Taylor just raised about cutting the grass.
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller directing the
City Manager to cut along the train route as well as the median along SR9 and to seek
reimbursement from FDOT within 30 days.
Mayor Taylor directed the City Attorney and City Manager to make sure they put
"reimburse"in bold letters.
There being no further discussion, the motion passed by a 5-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
Mayor Taylor requested that a copy of the above motion be provided to each member of
the Commission.
22. CITY CLERK'S REPORT:
Clerk Irby reported to the Commission on the redistricting and recommended a workshop
is held to further discuss this matter.
Attorney Geller added that the city would be in one congressional district and the same
will be on the state senate level. It is only the house that is really a question as to whether
they will split Opa-locka.
23. MAYOR/COMMISSION REPORT:
Vice Mayor Johnson mentioned her attendance at the following meetings/events: the
CAA board meeting representing District 1; Nathan B. Young Elementary School's 1St
Farmer's Market; Crime Prevention Business Concept; and a science fair in Miami
Gardens. Additionally, she would be in contact with New Birth Enterprise about doing a
job fair in the city.
She went on to speak about the educational compact, enhancing the Opa-Steppers, and
putting together a Junior Commission Leadership Council.
Commissioner Miller reported her attendance at the Old School Toy Give Away at Segal
Park, the Holiday in the Park and the BGBA Toy Giveaway for children with special
Regular Commission Meeting Minutes—01/11/2012 16
needs. She expressed her concerns about being notified at the last minute of the Press
Conference that was scheduled at the Gardens Apartments which she too attended.
She went on to provide an update on Larry Hill, a scholarship recipient from last year's
scholarship awards banquet.
Lastly, she reported that she received a telephone call from a woman in North Carolina
whose 7 year old daughter found an old key engraved with her mother's name (Mayor
Helen L. Miller). In appreciation of them sending her the key, she sent them a
commendation and"thank you"letter.
Mayor Taylor suggested that Commissioner Miller consider mounting the key in the
Commission Chambers.
Commissioner Tydus announced that in observance of Sanctity of Human Life Month in
January, she has joined Florida Baptist Children's Home in what is being called "Love
Opa-locka". This would consist of a medical mobile unit at Historic City Hall (parking
lot) on Saturday, January 21, 2012 from 8:30 a.m. — 12:00 noon.
Additionally, she announced that starting on the last Saturday in February 2012, she will
begin the Lunch & Learn Cinema Saturdays at 12:00 noon.
Vice Mayor Johnson announced the Portrait of Empowerment's 2012 Essay Competition
and said the information was sent out to all principals in Miami-Dade County.
Mayor Taylor reported her attendance at the Holiday in the Park event and US HUD
press conference involving the renovations at the Garden Apartments. She said that she
will get additional information to be able to provide to the tenants.
She continued by saying she met with the managers of the airport and the meeting was
going good until they began discussing changing the name of the Opa-locka Executive
Airport. She asked that the City Attorney write a letter expressing the fact that the Mayor
objected to the name change.
Commissioner Holmes suggested that the City Attorney prepare a resolution opposing the
name change of the Opa-locka Executive Airport.
Mayor Taylor agreed with Commissioner Holmes and asked that the City Attorney bring
back a resolution.
She continued by saying that the meetings are being held on the 2nd Floor temporarily
because there were some issues in the Commission Chambers at Historic City Hall;
however, the issue has been resolved. She provided copies to the Commission of a report.
In the meantime, she directed the City Manager and the building official to get together
between now and the next meeting because part of getting rid of the situation is to tear
out walls, but there is something between tearing out walls and doing a professional job.
Regular Commission Meeting Minutes—01/11/2012 17
Manager Finnie clarified that the conclusion of the document reads: "the Chambers is
unable to be used in its present condition".
Mayor Taylor asked that the City Manager and Building Official come together and fix
the problem.
Manager Finnie said he would bring back an official report to the Commission.
Mayor Taylor encouraged the Commission to respect one another in order to move the
city towards a 5 Star.
Chief Cheryl Cason of the Opa-locka Police Department proudly announced that the City
of Opa-locka has two officers who will be presented the Law Enforcement Officers
award on January 21, 2012 at 7:00 p.m.
Mayor Taylor announced the Prayer Observance in honor of Dr. Martin Luther King, Jr.
on Friday, January 13, 2012 at 8:30 a.m. She further invited everyone to attend the State
of the City Address on January 27, 2012 at 7:00 p.m.
She announced that she will be attending the Democratic Women of Miami-Dade
County's Women in Blue Luncheon on January 21, 2012.
24. OFFICIAL BOARD APPOINTMENTS:
Commissioner Tydus appointed Linda Parker to the Community Relations, Recreation &
Activities Board.
Commissioner Holmes nominated George Ellis and Lillie Odom to the Planning Council.
It was moved by Commissioner Holmes, seconded by Commissioner Tydus to appoint
George Ellis and Lillie Odom to the Planning Council.
There being no discussion, the motion failed by a 3-2 vote.
Vice Mayor Johnson No
Commissioner Tydus No
Commissioner Miller No
Commissioner Holmes Yes
Mayor Taylor Yes
Commissioner Miller nominated Steven Barrett to the Planning Council.
It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to appoint
Steven Barrett to the Planning Council.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Tydus Yes
Regular Commission Meeting Minutes—01/11/2012 18
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
Vice Mayor Johnson nominated Lillie Odom to the Planning Council.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to appoint
Lillie Odom to the Planning Council.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
25. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Vice Mayor Johnson, seconded by Commissioner Holmes to adjourn the meeting at
10:40 p.m.
... A
!YOR
ATTEST:
It TY CLERK
Regular Commission Meeting Minutes—01/11/2012 19