HomeMy Public PortalAbout02- February 22, 2012 Special Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
SPECIAL COMMISSION MEETING
February 22, 2012
6:25 P.M.
Opa-locka Municipal Complex
780 Fisherman Street, 2"d Floor
Opa-locka, FL 33054
1. ROLL CALL:
Mayor Taylor called the meeting to order at 6:34 p.m. on Wednesday, February 22, 2012 on the
2"d Floor of the Opa-locka Municipal Complex, 780 Fisherman Street, Opa-locka, Florida. The
following members of the Opa-locka City Commission were present: Commissioner Rose Tydus,
Commissioner Timothy Holmes, and Mayor Myra L. Taylor. Commissioner Gail E. Miller
arrived at 6:34 p.m. Commissioner Dorothy Johnson arrived at 6:50 p.m. Also in attendance
were: City Manager Bryan K. Finnie, City Attorney Joseph S. Geller, and Interim City Clerk
Joanna Flores.
2. INVOCATION:
The Invocation was delivered by Commissioner Rose Tydus.
3. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
4. RESOLUTIONS/PUBLIC HEARING
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO DETERMINE SEVERANCE PAY FOR CITY MANAGER
BRYAN K. FINNIE IN THE EVENT OF HIS RESIGNATION; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by M.T.
The above resolution was read by title by Attorney Geller.
A motion to approve this resolution was made by Commissioner Holmes. The motion died for
lack of a seconded.
B. PUBLIC HEARING—POSSIBLE REMOVAL OF THE CITY MANAGER
PURSUANT TO SECTION 10 OF THE CHARTER OF THE CITY OF OPA-LOCKA,FLORIDA,
THE CITY COMMISSION WILL CONSIDER POSSIBLE REMOVAL OF CITY MANAGER
BRYAN K. FINNIE, BASED ON ALL CHARGES MADE AGAINST HIM AT THE PREVIOUS
COMMISSION MEETING(AND ON FILE WITH THE CITY CLERK'S OFFICE) AND AFTER
SPECIAL COMMISSION MEETING MINUTES-02/22/2012 Page 1
THE CITY MANAGER HAS BEEN GIVEN AN ADEQUATE OPPORTUNITY TO ANSWER
ALL SUCH CHARGES.
Mayor Taylor opened the floor for a public hearing. There were no public comments made on
the public hearing.
Manager Finnie approached the podium to verbally respond to the charges against him. (A
written copy of the list of charges and responses submitted verbally by the City Manager are
hereby made a part of these minutes).
Manager Finnie was also addressed by Commissioner Holmes regarding whether or not he was
drug tested when he was hired and Manager Finnie stated that he in no way consumes drugs in
any fashion. Commissioner Holmes also asked Manager Finnie about security issues at
Sherbondy Park. It should be noted that per City Attorney Geller, these 2 issues are officially
stricken from the record, as they are not part of the original set of charges listed against the
City Manager and are therefore outside the purview of this hearing. They will be disregarded by
the Commission in their deliberations and decisions for or against Resolution 4C.
Mayor Taylor asked each Commission member for any general comments. There were none
offered.
Vice Mayor Johnson asked where money would be coming from any pay out due to resignations
or law suits in the future and she would like to see this specifically designated going forward.
Commissioner Holmes stated that since Resolution 4A was not passed it is irrelevant to this
discussion.
There was some discussion of previous issues regarding removal of city employees in the past,
specifically Ms. Irby. Two specific items mentioned were miscommunications in the amount of
money she was entitled to upon leaving her position and whether or not the papers regarding the
situation were received by all the Commission members. Commissioner Holmes reiterated that
because that situation had already been resolved, discussing Ms. Irby's situation was irrelevant in
this meeting.
Commissioner Miller requested that City Attorney read Resolution 4C and a decision be made.
Commissioner Tydus stated that she was more concerned with continuity and stability of city
business and that City Manager Finnie had responded to all charges against him in a satisfactory
manner. She stated that she was happy to allow Manager Finnie to complete the last 4 months of
his contract term and that his status can be reviewed at that time as to his continued employ with
the city.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO REMOVE BRYAN K. FINNIE AS THE CITY MANAGER,
FOR THE REASONS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H.
SPECIAL COMMISSION MEETING MINUTES-02/22/2012 Page 2
The resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, (Mayor Taylor relinquished the gavel to Vice Mayor
Johnson) seconded by Mayor Taylor to pass the resolution.
There being no discussion, the motion failed by a 3-2 vote.
Commissioner Holmes Yes
Commissioner Tydus No
Commissioner Miller No
Mayor Taylor Yes
Vice Mayor Johnson No
Vice Mayor Johnson returned the gavel to Mayor Taylor.
8. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by Vice
Mayor Johnson and seconded by Commissioner Holmes to adjoin the meeting at 7:50pm., /. / v .
Myra L. Taylor
MAYOR
ATTEST:
41
oanna Flores
TERIM CITY CLERK
SPECIAL COMMISSION MEETING MINUTES-02/22/2012 Page 3
1. CM wants to get rid of the Code Enforcement Department
2. CM has taken away vehicles from half of the employees in the Code Enforcement Department
3. CM failed to ensure that businesses post the "No Saggy Pants" sign in their establishment as per
city ordinance and many requests;this would also bring additional revenue to the city.
4. CM failed to act on the numerous requests for an inquiry into Johnson Controls.
5. CM failed to look into an early retirement package for employees as requested.
6. Commissioner Barbara Jordan assisted the city in the award of 2 Million Dollars for Historic City
Hall and nothing is being done with those dollars.
7. Employees got fired, went to court and won their cases when it could've been settled prior to
going to court if the city had somebody to review the cases and do justice after the Civil Service
Board made their ruling.The CM has also disregarded the court orders.
8. Has failed to repair low area on NW 151st Street at NW 32"d Avenue even after several requests.
9. CM failed to provide information on city bank accounts as requested by his colleague at the last
commission meeting (12/14/2011).
10. Mayor provided documentation from the county that the city was able to move into Sherbondy
Village and now at the last hour the CM provided documentation saying the city cannot move
into Sherbondy Village. The city manager is aware that by moving out of Town Center the city
could be saving over $500,000.00 per year, but has failed to look into or provide
recommendations for relocating.
11. Previous complaints of mold at Historic City Hall were not addressed in a timely fashion.
12. The pump stations not being addressed expeditiously and the RFP for pump stations is sitting on
the CM's desk.
13. Decrease in employee morale; CM use of profane language and disrespect when speaking to
employees.
14. CM failed to make sure parking spaces were included for the Sherbondy Park project.
15. Failure to move forward with the improvements/construction at Segal Park after grant award.
16. CM knowledge of staff member representing himself as a councilman and meeting with the
county about getting rid of the city's building & license department when that department is
bringing revenue to the city and without Commission approval and/or knowledge of what was
taking place.
17. CM delegation of duties while he was away and interfering with the decision made relating to
Finance by the Acting City Manager.
18. Terminated the city's Building Director, had him escorted out by police. Failed to provide the
Commission with a reason why, but the Commission has the right to know.
19. Failure to repair existing potholes on Ali-baba Avenue near Robert B. Ingram Elementary School
since last month.
20. Nothing has been done to repair the road—Ali-baba Avenue from NW 22"d Avenue to NW 27th
Avenue.
21. Lied numerous of times concerning several matters
= THE GREAT CITY ",
City of
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4°,'AIM"
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Bryan K. Finnie 305-953-2821
City Manager 305-953-2823
Fax:305-953-2870
MEMORANDUM
To: Mayor Myra L. Taylor
Vice Mayor Dorothy"Dottie" Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner E
From: Bryan K. Finnie, e0agor
Dmte
February, w
RE: Responses to Revised List Charges Against City Manager
Below you will find information in response to charges placed against me at the February 8, 2012
Commission Meeting.
1. CM wants to get rid of Code Enforcement Department
Response: The City Commission authorized the City Manager to explore cost savings and
privatization a|ternativ*e pertaining to the City s Code Enforcement Department on November 9 3011
through Resolution 11-8382 The City Manager carried out the wishes of the City Commission by
releasing proposals through an RFP as specifically referenced in the Resc|ur/on 4 cony of
Reso|unor 11'83O2 /sattached
2. CM has taken away vehicles from half of the employees in the Code Enforcement Department
Response: The number of vehicles used was reduced as a cost saving measure and need to assure
that the administrative aspects of each Code Enforcement Officer s tasks were being consistently
addressed Work schedules have also enifted in order toaccommodate the current shortage ofrv*o
emp|oveee the Department
3. CM failed to ensure that businesses post the "No Saggy Pants" sign in their establishment as
per City Ordinance and many requests; this would also bring additional revenue to the City.
Response: Though Commissioner Holmes has directed staff to link the No Sagyy Pants signs as a
fund raising strategy for the City of Dpa-|ocke rho City does not have the |ega| authority to force
businesses within the to purchase such a sign This vvaeexplained or page two o1 /ny memo
dated Je`uary 24'^ m 'eeponseroConom/esione' Holmes comments wh`oh 'satteChed
4. CM failed to act on the numerous requests for an inquiry into Johnson Controls
Response: 1 hi complex issue 's ourrent|y he/»g worked on by my staff and toe Co y Attorney
Office as exp|ained /n dete/| un pages one arc �vvo of my January 24, memorandum memorer.dum ro tne Mayor
and City Commission in response to Comn`.esione. Ho|mes concerns iwh/oh is attached VVe do
have a consultant scheduled to review our ays/e'o on January 27 2012 and gi ve feedback to the
mfoi administration
Johnson Control !nc wes h|/ed 'n Ju|y 2OOe> nn a 'on 0:0 basis hzr $3 702 897 *r'oh «.c!uJos eo
eight vear yerv|ue agreement to 'ep|aoe ihe Opa'|ooka'e entire water readmg mete: system
CITY HALL° 780 FISHERMAN STREET,4TH FLOOR, OPA-LOCKA, FLORIDA 33054° (805) 688-4611
AN EQUAL•PPO-TUNUTY EMPLOYER AND DOES NOT DISCPIMINATE ON THE BAW,OF HANDoOAP
Please be advised that this was prior to my first tour as Interim City Manager and I did not
recommend to the Commission the approval of this agreement To date. the current system installed
is not operational due to several issues, including the quality of the product and the lack of knowledge
by staff. Issues with the product include the easy dismantling of the electronic reader by pulling
exposed wires going from the electronic reader to the register and a higher than excepted percentage
of inaccurate reads due to the register being a pulse and not digital Internal issues such as not all
staff being trained to use the product and a basic lack of institutional knowledge of what has occurred
pertaining to this contract, have plagued staffs ability to resolve this issue earlier One example of this
includes that when asked by our legal counsel for a basic timeline of events documenting the
progress. or lack of, regarding this contract to show the level of culpability by all parties and possibly
gage if a legal remedy is feasible, staff was not able to produce such a document On a side note
other issues such as illegal water usage are also being handled by staff, including the decision to
purchase a tougher locking bracket to be placed on the curb stop in order to prevent tampering with
water lines that have been locked due to non-payment or closed accounts. To date. the initial locks
purchased were not the correct size Staff has returned those locks and is expected to receive the
correct locks in February If should be noted that former City Manager, Jannie Beverly oversaw the
initial implementation, including a processed request for a complete change out of the initially
purchased product. At the time I became Interim City Manager. the project was nearly complete and
our information Technology Department was testing the program for accuracy of electronic verses
manual readings It is my understanding that my current predecessor, former City Manager Clarance
Patterson had determined last year that the City needed to revisit the terms and conditions of this
transaction and renegotiate a better deal for the City of Opa-locka due to the nonperformance of the
product
5. CM failed to look into and early retirement package for employees as requested
Response: The basis for an early retirement program is to achieve cost savings by 'buying out`
expensive employees Presently the General Fund is not capitalized at the needed level to fund a
city-wide Early Retirement Program As stated previously, this issue was also addressed on page two
of my January 24`r' memorandum to the Mayor and City Commission in response to Commissioner
Holmes' concerns which is attached
6. Commissioner Barbara Jordan assisted the City in the award of$2 million for Historic City Hall
and nothing is being done with those dollars
Response: On December 10, 2010. the City of Opa-locka was awarded $2 000 000 through the
County's General Obligation Bond (GOB) program to be utilized in Fiscal Year 2011 Due to the
inaction of the City such funding never accessed Under my direction.. City Staff is currently working
on the necessary steps in order to draw down the funding in FY 2013. This issue was also explained
on page two of my January 24th memorandum to the Mayor and City Commission in response to
Commissioner Holmes concerns which is attached
7. Employees got fired, went to court and won their cases when it could have been settled prior
to going to court if the City had somebody to review the cases and do justice after the Civil
Service Board made their ruling. The CM has also disregarded to court orders
Response: Based on my discussions with the City Attorney. there has been only one +1i case that
the court has requested a settlement during my tenure The court entered judgment on January 25
2012 immediately after.. the City reached a settlement The settlement was approved by the City
Commission at the February 8 2012 Commission Meeting
Please be advised that 'but tor° a flurry of Ponce Department lawsuits, all other Civil Service related
cases +!iii be addressed It must be noted that the lawsuit was not about the merits of the employee
dismissed rather it was about the Civil Service Board challenging the decision of the City s
Administration This issue was also explained on page two of my January 24 r' memorandum to the
Mayor and City Commission in response tc? Commissioner Holmes concerns which is attached
8. Has failed to repair low area on NW 151st Street at NW 32nd Avenue even after several
requests
Response: Upon my initial receipt of this information at the Commission Meeting the Public Works
Departrnen1 was directed to address this complaint The repair of the low area on Nt/V 151st Street at
NW 32nd r,/silos was completed by Piii-,vv:VVoaks on .January 24 2012
9. CM failed to provide information on City bank accounts as requested by his colleague at the
last Commission Meeting(12/14/11).
Response: The City's itemized bank accounts and levels of funding were provided on at least two
occasions First. via a memorandum to the Mayor and City Commission dated December 16t`' two
days after the inquiry was first made A second memorandum to the Mayor and City Commission
dated January 12J'' was provided Both documents are attached.
10. Mayor provided documentation from the County that the City was able to move into
Sherbondy Village and now at the last hour the CM provided documentation saying the City
cannot move into Sherbondy Village. The City Manager is aware that by moving out of Town
Center, the City could be saving over$500,000 per year, but has failed to look into or provide
recommendations for relocating
Response: The Mayor's directive was for the City Manager to initiate relocation of the City's
Administration from Town Center to the Sherbondy Park Village It has been noted that utilizing the
budding for governmental purposes is not an eligible activity from the perspective of the Federal
Community Development Block Grant (CDBG) program and doing so could lead to a six-figure fine to
the City of Opa-locka My memorandum to the Mayor and City Commission dated January 11''
expiains the issue and included the County's official response on January 4th and my original request
Pori clarification to the County sent on December 6th All documents are attached
Despite this setback I also researched and submitted two (2) possible alternatives to Town Center
Such findings were submitted to the Mayor and City Commission via memorandum on January 31s'
wh cry is attached
11. Previous complaints of mold at Historic City Hall were not addressed in a timely fashion
Response: The concern of mold at Historic City Hall was timely addressed earlier this year as
documented in my memorandum to the Mayor and City Commission on January 10th explaining that
a mold and moisture evaluation was conducted days earlier and a report would be forthcoming. On
January 24'h I sent a second memorandum to the Mayor and City Commission making you aware of
the findings of the independent report Both memorandums are attached.
Originally during my 2009 term as Interim City Manager, I began the process of acquiring the
equipment necessary to relocate the City Commission Meetings to Town Center Upon my
departure th.e planned move did not proceed
12. The pump stations are not being addressed expeditiously and the RFP for Pump Stations is
sitting on the CM's desk
Response: Last year the City of Opa-locka completed Lift Stations #1 and #2 Though not planned
under my watch they were both constructed from June through August of last year From my original
departure n January of 2010 through June of 2011. not one Lift Station, out of 13 that I identified to
the then Mayor and City Commission had been completed. in fact. in 2010 while I was not City
Manager no work was actually done on any Lift Station, including plans designs, or project bidding
Upon my return. ; have again made the rehabilitation and upgrade of our Lift Stations one of my
highest priorities This Fiscal Year we intend on completing four Lift Stations #11A will start
construction in March #11C and #10 are both in the procurement process and #5 which is a Public
Private Partnership +PPP) will also be completed this Fiscal Year Due to my FY 2009 original plan
to .complete an 13 Lift Stations in 2009 not being followed by my replacement. I cannot guarantee that
we will be s . , essf. in rehabilitating or upgrading all 13 original Lift Stations by 2013
13. Decrease in employee morale; CM use of profane language and disrespect when speaking to
employees
Response: in terms on employee morale will be recommending to the City Commission that a
orofess!4:nai study be conducted to determine the state of morale within the ranks of all City
employees
In my day-to-day activities. I"uy to respect all people but also understariu that on occasion. I have
displayed levels of frustration not at individuals but at situations of non-performance or below par
work product. I have worked on that aspect of my professionalism and will continue on into the future
14. CM failed to make sure parking spaces were included for the Sherbondy Park Project
Response: I was not the City Manager when the Sherbondy Park Projects final plans were
developed During my departure City staff including the building department through the issuance of
permits oversaw the project Twenty-two (22) of the twenty-eight 28) permits issued were done
under the watch of the previous City Manager The Building Official. and his staff is responsible for
all plan approvals and compliance with the Florida Building Code and City Code of Ordinances, this
includes all parking requirements Copies of all permits pertaining to the Sherbondy Park project and
an itemized list are included as attachments
15. Failure to move forward with the improvements/construction at Segal Park after grant award
Response: It was noted that there was delay in the Segal Park Project There is no delay Please be
advised that staff has been working with Miami-Dade County to secure project funding (approved
September 20111. and we received approval from the Opa-locka City Commission on December 14
2011 to commence the environmental review process This project is proceeding as planned
This concern was addressed on page three of my January 24`r memorandum to the Mayor and City
Commission in response to Commissioner Holmes concerns which is attached
16. CM knowledge of staff member representing himself as councilman and meeting with the
County about getting rid of City's Building & License Department when the Department is
bringing revenue to the City and without Commission approval and/or knowledge of what was
taking place
Response: Management disagrees with the conclusions reached during an informal discussion about
a meeting that had previously occurred The County official described someone in the meeting as an
elected official it was an innocent comment. Please be advised that at no time did anyone on my
staff represent themselves as an elected official of the City of Opa-locka
17. CM delegation of duties while he was away and interfering with the decision made relating to
Finance by the Acting City Manager
Response: When l delegate City Manager duties t do not abrogate my responsibility to the City of
Opa-locka and I certainly would not support an organization restructure without my approval or a pre-
briefing to the Commission
18. Terminated the City's Building Director, had him escorted out by Police. Failed to provide the
Commission with a reason why, but the Commission has right to know
Response: Mr Daniel Abia was terminated on for not having the necessary qualifications to perform
his job As you may know. Mr Abla was promoted to become the Building Official on February 8
2010 Due to his specific circumstance he was allowed by the Board to receive a Provisional Building
Code Administrator's License on June 19 2008 in order to function as the City's Building Official as
per State Statute and County Code This one-time license expired on June 18 2011 Despite his
failure to secure a Building Code Administrator's t icense before his Provisional License expired I
allowed Mr tibia to remain on staff while Mr r°aui Gioa temporarily served as the City's Building
Official After an additional period elapsed with no Building Code Administrator's License or even an
application tried with the Board for the License ; r ade the determination that Mr Abla was not either
wining or capable of receiving such a license oonsidering that !ne had Over three and a riai) years v.
obtain it it should also be noted that after s Provisional Building Code Adn-unistrators Li .ease
expired di June 18 2011 Mr Abia had not a single license that could be used to perform official
duties foi the City in the Building Department All Building Departments are required to have the
10110+v rira positions filled either through FLOI o' part time staff or consultar'ts Building Code
Administrator
Human Recourses Director Shirley Freeman not Officer's from the Police Department, secured City
owned property and Mr Abia was allowed to secure hiS own personal property while under the
supe s()r'. df r./Irs Freeman For the record Mrs Freeman even drove Mr 'Apia home
19. Failure to repair existing potholes on Ali-Baba Avenue near Robert B. Ingram Elementary
School since last month.
Response: According to Public Works the recent potholes on Ali Baba were due to a water break
which was fixed last Friday Staff is in the process of getting a contractor to restore the road which
should be completed within a week Due to the inability to locate the appropriate turn off valve public
works staff was unable to resolve the issue expeditiously
20. Nothing has been done to repair the road — Ali-Baba Avenue from NW 22nd Avenue to NW
27th Avenue
Response: Ali Baba Avenue from WA/ 22 Avenue to NW 27th Avenue needs reconstruction as the
roadway surface is undulated due to poor load bearing capacity of the pavement The sub-base does
not have proper compaction to support the pavement The pavement must be redesigned with
appropriate base improvements to increase its load bearing capacity It is recommended that we
reconstruct the road along with an improved drainage system Such improvements may cost about
S" 000 000 as per our City Engineer s preliminary opinion of probable construction costs This
project is on our five (5) year capital improvement plan but remains unfunded due to lack of
resources
21. Lied numerous times concerning several matters
Response: I have not knowingly made any misstatement
Attachments
END OF MEMORANDUM
L