Loading...
HomeMy Public PortalAbout04- April 11, 2012 Meeting Minutes CITY OF OPA-LOCKA "The Great City" REGULAR COMMISSION MEETING MINUTES April 11, 2012 7:00 P.M. Opa-locka Municipal Complex 780 Fisherman Street, 2"d Floor Opa-Locka, FL 33054 1. CALL TO ORDER: Mayor Taylor called the meeting to order at 7:00 p.m. on Wednesday, March 28, 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: Commissioner Rose Tydus, Vice Mayor Dorothy Johnson, Commissioner Timothy Holmes, Commissioner Gail E. Miller and Mayor Myra L. Taylor. Also present were City Manager Bryan K. Finnie, City Attorney Joseph L. Geller, and Interim City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Commissioner Rose Tydus. 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 mentioned that the lock on her office door appears to have been changed, and her city-owned vehicle may have been burglarized. She requested that and outside agency, not the Opa-locka Police Department investigate in case someone has planted something in her office such as drugs. The following resolutions were pulled from the Consent Agenda to be discussed under Agenda Item 15 —Action Items: 19-1, 19-2, 19-3, 19-4, 19-5, 19-6, 19-7, 19-11 and 19-17 (Miller); 19-9 and 19-10 (Johnson); 19-15 (Taylor); and 19-8, 19-12, 19-13, 19-14 and 19-16 (Holmes). 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: City Commission Meeting Minutes-04/11/2012 Page 1 Commissioner Rose Tydus along with the Mayor/City Commission and Chief Cheryl Cason, OLPD presented a commendation and certificate of appreciation to Alfonso and Natasha Ervin as business owners of Taxes by Natasha for their dedication to the community for over 20 years. 8. APPROVAL OF MINUTES: Regular Commission Meeting—03/28/2012 It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to approve the minutes of the Regular Commission Meeting of March 28, 2012. Vice Mayor Johnson requested that a correction be made that for the auction she stated she would prefer city employees to have first choice of items prior to the public auction taking place. There being no further discussion, the motion to approve the minutes with the noted correction passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes Special Commission Meeting—03/20/2012 It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve the minutes of the Special Commission Meeting of March 20, 2012. 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 9. 176 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 (District 1) came forward and reported that over the past weekend sewer lines were connected to City Commission Meeting Minutes-04/11/2012 Page 2 the drainage at NW 151St and 25th Court to address flooding issues that have plagued that area for many years and hopefully this will permanently solve this problem. Vice Mayor Johnson expressed her gratitude to Commissioner Jordan for the rally and the letter regarding the"Stand Your Ground" law. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: 14. PUBLIC PRESENTATION: 1. Alvin Burke re: welfare of the city Alvin Burke of 2928 NW 132 Street, Apt. 328, Opa-locka, Florida appeared before the City Commission and stated that he has lived in Opa-locka for many years and that the Interim City Clerk has worked tirelessly for the City for many years. She is more than qualified to perform the tasks of this position and should be offered the City Clerk position full-time. He also stated that Lulu's carwash should not be the contracted business because it is not located in Opa-locka. He said it is wrong to take city money and spend it in another municipality. Vice Mayor Johnson stated that no job has ever been posted based on a person's ethnicity. She stated that ethnicity has no role in filling positions in City offices. She also stated that an RFP process is always conducted when a contract for the City is offered and selection is based strictly on cost/benefit analysis. 14a. CITIZENS' FORUM: 1. Oria Rodriguez of 785 W. Superior Street, Opa-locka, Florida, came forward and said she is supporting Mr. Burke's statements regarding Joanna Flores as Interim City Clerk. She agreed that Ms. Flores should be offered the City Clerk position and stated her belief that this situation is based on ethnicity. She stated that most of the businesses in Opa-locka are run by Hispanics. Vice Mayor Johnson responded that a person of any ethnicity can apply for any open position with the City and there should never be a policy in place that discriminates in that manner. Mrs. Rodriguez stated that she was commenting on the fact that when candidates of varied ethnicities have applied for a position, the individual hired is almost always black. 2. Eldrige Redmon of 2766 NW 131 Street, Opa-locka, Florida appeared before the City Commission and stated that he spoke with Miami-Dade County Public Relations Department regarding getting citizens registered to vote and he was told by the County that each municipality is responsible for ensuring that all their citizens are properly registered to vote. He asked that the Commission address this important issue before the election. He also stated that Ms. Flores is in an Interim Clerk position and that candidates for this position need to simply be qualified based on experience and education regardless of any other characteristic. He stated that an Interim position should not receive the same salary as a permanent one. City Commission Meeting Minutes-04/11/2012 Page 3 3. Darryl Roberts of 1510 SW 190th Avenue, Pembroke Pines, Florida, mentioned that there is an opportunity for youth to explore aviation related careers at Opa-locka airport on May 4— 5, 2012.There will be technical schools and hiring organizations will be present. Mayor Taylor requested flyers be given to the Clerk and also have flyers distributed among citizens of the city to spread the word about this event. 4. Linda Parker of 955 Arabia Avenue, Opa-locka, Florida, came forward and expressed her concern regarding the auction and city employees having first dibs on items. She stated that notice was given to city employees late in the day when many people were gone and only a few people actually received it. Then at the public auction, city employees were told they could not participate at that time and were disappointed. She does not want this to happen again. 5. Alvin Burke restated his prior remarks regarding the open City Clerk position. He disagreed with statements that any person can apply to open city positions because certain positions in the city have been filled through internal promotion before, where no public advertisement for candidates was made. He stated that all positions should have this option and not only a select few. 6. Rev. Joseph Kelly of 485 Dunad Avenue, Opa-locka, Florida, voiced his concern for the tone the meeting was taking. He also commended the Police Department for their care of the area around Segal Park and the increased police presence during construction. 15. ACTION ITEMS (items from consent agenda pull list): 1. (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT THE CITY MANAGER TO RESEARCH AND PRICE MODULAR TRAILERS TO RELOCATE CITY OFFICES NOW LOCATED AT TOWN CENTER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Miller to pass the above resolution. Commissioner Miller asked Manager Finnie if this is a feasible effort as far as keeping equipment safe etc. Manager Finnie stated that a feasibility analysis will be issued to the City Commission when it is ready and equipment safety will be a part of that analysis. Commissioner Holmes stated he issued this resolution because of a previous mandate the Commission stated that they want to be out of the current offices by a certain point of this year. City Commission Meeting Minutes-04/11/2012 Page 4 He stated he would be fine with moving to Sherbondy Village, but it isn't ready and this is an alternative for the meantime. Commissioner Tydus clarified that the City Manager will be researching options only and then will present these options to the Commission for consideration. Commissioner Holmes confirmed what Commissioner Tydus stated. Vice Mayor Johnson stated that the other two options were not in the legislation and she only felt comfortable voting on the one option listed in the legislation although additional options can be researched as well. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Miller No Commissioner Holmes Yes Vice Mayor Johnson 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 INVESTIGATE AND RECOMMEND A PROCESS WHEREBY THE CITY WOULD CONVERT ONE THIRD OF SHERBONDY PARK FIELD AREA INTO ADDITIONAL PARKING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T x. 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. Commissioner Miller asked if any investigation had been done yet. Manager Finnie stated that nothing had been done yet. Vice Mayor Johnson confirmed with Manager Finnie that the land near the hotel belongs to the city. She stated that this area had been mentioned previously as an option for additional parking. She also stated concern about decreasing the size of the field because of sporting regulations and potentially taking play area away from children. She asked that the City Manager be mindful of these things while investigating options for this project. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Miller Yes City Commission Meeting Minutes-04/11/2012 Page 5 Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes 3. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO REMOVE ANY COST REQUIREMENT IMPOSED UPON CITY EMPLOYEES TO OBTAIN A COPY OF THEIR PERSONNEL FILE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Tx. 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 Miller asked if it would instead be better if the first copy was free, but copies after that should be charged a fee. Vice Mayor Johnson requested an amendment to Section 2 stating that an employee can obtain a free copy of their personnel file once annually. After that a fee would be assessed. Attorney Geller added language at the end of Section 2, "to obtain a copy of their personnel file, provided that employees shall be entitled to one (1) complimentary copy of their file annually." It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to amend the resolution as stated by the City Attorney. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Miller Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor Yes The motion on the resolution as amended passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Holmes Yes Commissioner Miller Yes Vice Mayor Johnson Yes Mayor Taylor Yes 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO SPECIFY AND SET THE SALARY OF THE CITY CLERK, TO START AT City Commission Meeting Minutes-04/11/2012 Page 6 $7.5,000; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Miller for discussion. Commissioner Miller clarified with Commissioner Holmes that this would be the base salary to start for the new City Clerk. Commissioner Holmes stated he hope that this salary would be the starting one and after 6 months the salary would be eligible for a $3,000 increase and after one year another $3,000 increase could be applied. Vice Mayor Johnson clarified with Commissioner Holmes that this salary does not include any benefits and this is only the salary. Commissioner Tydus stated she felt this was premature and that a resolution should be passed first to fill the position permanently before the salary is set. There being no further discussion, the motion failed by a 3-2 vote. Commissioner Miller No Commissioner Holmes Yes Vice Mayor Johnson No Commissioner Tydus No Mayor Taylor Yes 5. (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA, TO SPECIFY AND SET THE SALARY FOR THE INTERIM CITY CLERK AT $75,000, RETROACTIVE TO FEBRUARY 8, 2012, AND UPON THE HIRING OF A PERMANENT CITY CLERK, THE INTERIM CITY CLERK WILL REVERT BACK TO THE ORIGINAL POSITION AS ASSISTANT CITY CLERK, AT A SALARY OF $65,000 ANNUALLY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the above resolution. Vice Mayor Johnson asked why the salary increase is included in the resolution. Commissioner Holmes stated that the Interim City Clerk has performed above and beyond her position since before her current role and despite the extra work she took on had no appropriate income adjustment in accordance with her increased work load. City Commission Meeting Minutes-04/11/2012 Page 7 Vice Mayor Johnson asked for an amendment that once the Interim City Clerk returns to Assistant City Clerk, she will also return to her current salary instead of the $65,000. Commissioner Holmes stated that he felt this would not be fair in recognizing the additional work load taken on. Attorney Geller changed the language of the resolution as requested by Vice Mayor Johnson, to read "the Interim City Clerk will revert back to her previous position of Assistant City Clerk and will then be paid a salary of$65,000 annually". This would change in the 3rd whereas, the title and. in Section 2. It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to amend the resolution as read into the record by Attorney Geller. Commissioner Tydus expressed that she is embarrassed by some of the unfortunate comments made by members of the community previously. She also expressed admiration for the quality of work demonstrated by the Interim City Clerk and stated she supports both parts of the resolution based heavily on the outstanding performance of this individual in her position. Vice Mayor Johnson asked for the line item in the budget where the salary increase would come from. Faye Douglas, Budget Administrator read line item 16-512110 Executive Salaries in the City Clerk's Budget. Attorney Geller added the words "to be payable from account number 16-512110" to the resolution. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Mayor Taylor Yes The motion to approve the resolution as amended passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor Yes City Commission Meeting Minutes-04/11/2012 Page 8 Mayor Taylor stated to the City Manager that PA forms are frequently not signed by any of the appropriate parties. She asked that clear policy be enacted that all PA forms be signed by the appropriate parties. Vice Mayor Johnson stated that she obtained this form from the City Manager's office and at the very least should have been signed by the employee herself 6. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA, TO REQUIRE THAT ALL CHARTER REVISIONS/AMENDMENTS ARE TO GO BEFORE THE CITY OF OPA-LOCKA CHARTER REVIEW BOARD; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by TH. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Miller for discussion. Commissioner Miller clarified with Attorney Geller that amendments are not currently required to go before the Charter Review Board, but as per this resolution, a requirement can be put in place by the Commission. Vice Mayor Johnson referenced the Charter in section 155 does not state that this requirement does not exits. Commissioner Holmes stated that in the Charter section 298 (a) and (b) it states that amendments can go before the Board if the City Commission approves such a resolution. 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 7. (19-7) 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 Holmes, seconded by Vice Mayor Johnson for discussion. Vice Mayor Johnson asked Commissioner Holmes if there are new charges being filed or if the same charges are still standing. City Commission Meeting Minutes-04/11/2012 Page 9 Commissioner Holmes stated that a vote of no confidence does not require new charges to be filed and that many of the issues previously discussed have still not been resolved. There being no further discussion, the motion failed by a 4-1 vote. Commissioner Holmes Yes Commissioner Miller No Commissioner Tydus No Vice Mayor Johnson No Mayor Taylor No 8. (19-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORDA, TO REQUEST TECHNICAL ASSISTANCE FROM MIAMI-DADE COUNTY TO ASSIST THE CITY CLERK'S OFFICE WITH RECORDS MANAGEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by R.T. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Tydus, seconded by Vice Mayor Johnson to pass the above resolution. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Johnson Yes Commissioner Holmes Yes Commissioner Miller Yes Commissioner Tydus Yes Mayor Taylor Yes 9. (19-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO POST AND ADVERTISE FOR QUALIFIED CANDIDATES FOR THE CITY CLERK/SUPERVISOR OF ELECTIONS POSITION; 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 stated the importance of posting this publicly with educational and experience requirements. City Commission Meeting Minutes-04/11/2012 Page 10 Commissioner Holmes stated that he will be looking closely at the resumes that are coming through this process if the resolution passes. Mayor Taylor expressed that Ms. Flores has been working intimately with the City offices and the City Commission. She asked Vice Mayor Johnson if Ms. Flores could have the opportunity to demonstrate her skills and abilities as City Clerk before advertising for an outside person to come into this position because of her exemplary performance to date. She further asked Vice Mayor Johnson to change this resolution to appoint Joanna Flores as City Clerk. Vice Mayor Johnson instead agreed to defer the resolution until the end of the fiscal year. At that time, based on Ms. Flores' performance, Vice Mayor Johnson will reconsider bringing the resolution back to the table. Vice Mayor Johnson pulled the resolution. 10. (19-10) 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 D.J. 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 stated that an RFP was put out and although the business is not in Opa- locka, they provided the most savings for the city and that it is important that city vehicles are kept clean and presentable as they are traveling to other municipalities. Commissioner Holmes stated that there are numerous car wash providers within the city limits that do a better job than this particular business. Commissioner Miller asked Vice Mayor Johnson asked if we received any other bids because she didn't see any other applicants. Manager Finnie explained that this item was a piggy back with Miami Gardens who conducted the actual RFP process and that the contract term is only for 1 year. Subsequent to that year, the City of Opa-locka can conduct its own internal RFP process. Commissioner Holmes stated that there were businesses in Opa-locka that were unaware that an RFP even went out. Vice Mayor Johnson stated that regardless of city borders there is no harm in supporting our neighboring cities especially when it offers the tax payers a savings. Mayor Taylor mentioned that DERM requirements also eliminated some of the local businesses from being appropriate partners with the city ethically. City Commission Meeting Minutes-04/11/2012 Page 11 There being no further discussion, the motion passed by a 4-1 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes No Vice Mayor Johnson Yes Mayor Taylor Yes 11. (19-11) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REGARDING THE COMMUNITY DEVELOPMENT AGENCY, TO APPOINT JOHNNIE MAE GREENE AND JAMES DIXON AS BOARD MEMBERS OF THE OPA-LOCKA COMMUNITY DEVELOPMENT AGENCY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Miller for discussion. Commissioner Miller stated that she was under the impression that there was still work to be done in putting together the Board and strengthening the organization first. Vice Mayor Johnson stated that the resolution should have been listed as the Community Redevelopment Agency instead. She stated that she felt the City Commission has no standing to appoint Board members as the CRA is a totally separate entity from the Commission. She was also concerned about citizens participating on Boards as a matter of integrity and accountability. Attorney Geller stated that the statute explains that if the City Commission appoints itself as CRA Board (which it has), then they may also appoint a maximum number of 2 citizens to also join the Board. Vice Mayor Johnson clarified with City Attorney that appointment of CRA Board members is a power reserved to the City Commission, and they are not required to add citizens to the Board, but they can if so desired. Commissioner Holmes stated that since he has chosen not to participate on the CRA Board they only have 4 members currently and that does not meet the minimum requirement of 5 members. Commissioner Tydus reminded the group that Commissioner Barbara Jordan has committed to appointing an individual in her stead to the Board and that would help them meet the requirement of 5 people and she is more comfortable with that option. Mayor Taylor stated that statute 163 said that it can be a minimum of 5 and maximum of 9 members. These 2 individuals represent an important element of community engagement by representing the citizens and business owners directly affected by the actions of the CRA. Her City Commission Meeting Minutes-04/11/2012 Page 12 concern is that if the Board is only made up of political entities the voice of the community will be lost in the process. Commissioner Tydus stated that she felt there would be ample other opportunities to include the voice and opinions of the community members aside from voting on final decisions. Commissioner Holmes agreed with Mayor Taylor. There being no further discussion, the motion failed by a 3-2 vote. Commissioner Miller No Commissioner Holmes Yes Vice Mayor Johnson No Commissioner Tydus No Mayor Taylor Yes 12. (19-12) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR GENERAL ENGINEERING SERVICES FROM QUALIFYING ENGINEERING CONSULTING FIRMS, FOR THE REHABILITATION AND RESTORATION OF HISTORIC CITY HALL LOCATED AT 777 SHARAZAD BOULEVARD; 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 Miller, seconded by Vice Mayor Johnson for discussion. Vice Mayor Johnson asked that the City Manager make sure that local firms within the City limits be made aware of the RFP so that they have an opportunity to bid. Mayor Taylor also mentioned this for the roofer item in regards to Historic City Hall. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Holmes No Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor Yes 13. (19-13) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY THE INTERNAL REVENUE SERVICE (IRS) THIRTY FOUR THOUSAND, ONE HUNDRED SIX DOLLAR AND NINETY-NINE CENTS ($34,106.99) FOR CALENDER YEAR 2009, 941 EMPLOYMENT TAXES, PAYABLE FROM ACCOUNT NO. 28-514390; PROVIDING FOR City Commission Meeting Minutes-04/11/2012 Page 13 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 for discussion. Commissioner Holmes stated the importance of getting this resolution passed ASAP. Vice Mayor Johnson asked when the Commissioners would see the income tax taken out of their pay. City Manager Finnie stated that as soon as the resolution is passed, the change should be made effective the very next day. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes 14. (19-14) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REIMBURSEMENT IN THE AMOUNT OF FIVE THOUSAND FOUR HUNDRED NINETY-FIVE DOLLARS AND FORTY THREE CENTS ($5,495.43) FOR OVERPAYMENTS MADE IN RELATION TO HURRICANE WILMA (FEMA-DR-1609 FL, PW#2280), PAYABLE FROM ACCOUNT NO. 45-541493; 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 stated that she believes that if an accrued accounting system and proper technology is in place this type of problem should not occur. 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 City Commission Meeting Minutes-04/11/2012 Page 14 Mayor Taylor Yes 15. (19-15) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXTEND THE LAWRENCE WRIGHT & PARTNERS, LLC., CONTRACT FOR SEVEN MONTHS, RETROACTIVE FROM DECEMBER 2011 AND ENDING JUNE 2012, AS PROJECT MANAGEMENT FOR COMPLETION OF THE SHERBONDY VILLAGE INITIATIVE, PAYABLE FROM ACCOUNT NUMBER 44-541802; 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 Miller, seconded by Vice Mayor Johnson for discussion. Mayor Taylor states she could not support this resolution because the remaining items on the "to do" list for this project can be done internally and if the construction has been finished then spending any more money with this company doesn't make sense. Commissioner Holmes agreed with Mayor Taylor. Manager Finnie stated that there are still significant issues that need to be addressed including appropriate staff training other items that can be done internally to phase out the contractor. Commissioner Holmes asked about the pump station there. Manager Finnie stated that a June or July delivery date is expected for completion. Vice Mayor Johnson asked for clarification on what the contractor is able to do that city staff are not. Manager Finnie stated that the contractor has private sector experience with the furniture and fixture negotiations and other close out items. Vice Mayor Johnson stated that the work done in the last 4 months should have been listed in the package and this item should have been brought to the Commission earlier for approval before the work was done. Manager Finnie stated that he took responsibility for the item being late. Mayor Taylor re-stated that she felt strongly that this resolution would be a waste because of the internal resources the city has in place to perform these tasks. Manager Finnie recommended that the city continue services as outlined in the resolution. Vice Mayor Johnson asked the City Manager how much is owed to the contractor to date versus how much would be spent in the last 2 months of the project. She stated that going forward staff City Commission Meeting Minutes-04/11/2012 Page 15 should be involved in all negotiations and outside contractors should not be the point people for city projects. There being no further discussion, the motion failed by a 3-2 vote. Commissioner Miller No Commissioner Holmes No Vice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor No 16. (19-16) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH C.A.P. GOVERNMENT, INC., FOR CONSULTING SERVICES RELATED TO BUILDING EXAMINERS AND INSPECTION SERVICES FOR A ONE (1) YEAR PERIOD, PIGGYBACKING ON THE TOWN OF LAUDERDALE-BY-THE- SEA, RFP 12-01-01, IN AN AMOUNT NOT TO EXCEED THE TERMS OF THE AGREEMENT, PAYABLE FROM ACCOUNT NUMBER 24-524312; IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; 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 for discussion. Mayor Taylor expressed concern that the back up documentation showed large expenses for staff. Manager Finnie stated that with this resolution the city will save money on these services, be able to retain all current staff, and upgrade the services in this area. Mayor Taylor expressed concern that the savings estimated would be in any way actualized. Manager Finnie explained that when looking at total expenditure and revenue, aside from the cost of hiring the firm, there is still a savings of almost $60,000. There being no further discussion, the motion passed by a 3-2 vote. Commissioner Holmes No Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor No 17. (19-17) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN City Commission Meeting Minutes-04/11/2012 Page 16 AGREEMENT FOR LEGAL REPRESENTATION OF AN EMPLOYEE, IN AN AMOUNT NOT TO EXCEED THE LEVEL OF THE CITY MANAGER'S SPENDING AUTHORITY ($5,000), WITH THE UNDERSTANDING ANY ADDITIONAL COSTS SOUGHT, REQUIRES APPROVAL OF THE CITY COMMISSION; 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 for discussion. Commissioner Miller expressed confusion as to why the City would pay for legal representation for an employee. Manager Finnie stated that this situation is in line with current policy that states when a city employee faces certain legal actions that may indirectly relate to their city employment, they may retain outside counsel and request payment for it by the city. Attorney Geller confirmed that this is a long standing policy that has been used by City Commissioners and employees alike. Vice Mayor Johnson stated that she appreciated the clarity and transparency of this particular resolution and recommended the City Manager bring all legal resolutions of this nature before the Commission to ensure transparency. Commissioner Tydus stated that this resolution should not have come before the Commission at all because the spending is in the City Manager's purview and she feels that the Commission has put the City Manager in a position of fear. She expressed her disappointment with him being placed in that position. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Commissioner Tydus Yes Commissioner Miller Yes Vice Mayor Johnson Yes Mayor Taylor Yes 16. NEW ITEMS: 17. PLANNING& ZONING: A. HEARINGS: B. APPEALS: City Commission Meeting Minutes-04/11/2012 Page 17 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW, ENTER INTO AND EXECUTE A TWO-YEAR INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY STORMWATER UTILITY FOR CONTRACT SERVICES PERTAINING TO STORMWATER MANAGEMENT AND MAINTENANCE OF SHARED STORMWATER DRAINAGE SYSTEMS, COMMENCING OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2014, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY TWO DOLLARS ($346,322) ANNUALLY, PAYABLE FROM ACCOUNT 43-538340; 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 Vice Mayor Johnson, seconded by Commissioner Miller to pass the above ordinance. Mayor Taylor asked Manager Finnie if the price would remain the same and if there have been any problems with the canal. Manager Finnie responded that the price is the same and no there have not been any problems reported with the canal. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Holmes No Commissioner Tydus Yes Vice Mayor Johnson Yes Commissioner Miller Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING SECTION 2-45 OF THE CODE OF ORDINANCES BY DELETING PROVISIONS FOR APPROVAL OF CONSENT AGENDA AND PULL LIST (DEFERRALS AND DELETIONS), AND ACTION ITEMS (ITEMS FROM CONSENT AGENDA PULL LIST); PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above ordinance was read by title by Attorney Geller. A motion by Commissioner Holmes to approve this ordinance failed due to a lack of a second. City Commission Meeting Minutes-04/11/2012 Page 18 B. SECOND READING/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO APPROVE THE REQUEST OF MAGNOLIA APARTMENT, LLC, TO REZONE THE PROPERTY DESCRIBED BY FOLIO 08-2122-003-0040 FROM R-2 (DUPLEX) ZONING DISTRICT TO THE MAGNOLIA NORTH REDEVELOPMENT OVERLAY (MNRO) ZONING DISTRICT WITH SPECIAL EXCEPTIONS TO OPERATE A MULTIFAMILY HOUSING USE AT THE SITE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 14, 2012). 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. Vice Mayor Johnson stated that the check off list is not completed or signed and there are several places in the application packet that are not completed. Howard Brown, the Director of Community Development was called up by the City Manager to explain. Mr. Brown stated that the check list is an internal document that should not have been included in the record as submitted for reading. Vice Mayor Johnson asked if they are also asking for a waiver, but the answer was no. She requested that the impact fee be incorporated. Mr. Brown explained that the impact fee is incorporated later on in the process. Attorney Geller incorporated additional language to the ordinance stating in Section 2, "multifamily housing use at the site, with all appropriate impact fees to be paid". It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to pass the ordinance. Then it was moved by Vice Mayor Johnson, seconded by Commissioner Miller to amend the ordinance as read into the record by Attorney Geller. There being no discussion, the motion on the amendment passed by a 4-1 vote. Commissioner Miller Yes Commissioner Holmes No Vice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor Yes City Commission Meeting Minutes-04/11/2012 Page 19 The motion on the ordinance passed by a 4-1 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes No Vice Mayor Johnson Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO APPROVE THE REQUEST OF MAGNOLIA APARTMENT, LLC, TO REZONE THE PROPERTY DESCRIBED BY FOLIO 08-2122-003-0610 FROM R-2 (DUPLEX) ZONING DISTRICT TO THE MAGNOLIA NORTH REDEVELOPMENT OVERLAY (MNRO) ZONING DISTRICT WITH SPECIAL EXCEPTIONS TO OPERATE A MULTIFAMILY HOUSING USE AT THE SITE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 14, 2012). 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. Vice Mayor Johnson requested the same language be added to Section 2, 'multifamily housing use at the site, with all appropriate impact fees to be paid". It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the amendment. There being no further discussion, the motion on the amendment passed by a 4-1 vote. Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes No Mayor Taylor Yes The motion on the ordinance as amended passed by a 4-1 vote. Commissioner Holmes No Vice Mayor Johnson Yes Commissioner Tydus Yes City Commission Meeting Minutes-04/11/2012 Page 20 Commissioner Miller Yes Mayor Taylor Yes Mayor Taylor asked that in the future the check list in question be included in the documents submitted to the Commission because it may assist them in evaluating the proposed plan. Vice Mayor Johnson also reminded everyone that computerized signatures are not allowed on documents of this type in order to preserve integrity and accountability. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 7 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES BY AMENDING ARTICLE 7 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES BY AMENDING ARTICLE VI ENTITLED "FLOOD DAMAGE PROTECTION"; PROVIDING A SHORT TITLE; PROVIDING A STATEMENT OF PURPOSE; PROVIDING OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING JURISDICTION; PROVIDING A BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR ESTABLISHMENT OF DEVELOPMENT PERMITS; PROVIDING FOR COMPLIANCE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING FOR INTERPRETATION, PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR DESIGNATION OF LOCAL ADMINISTRATOR; PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL AND SPECIFIC STANDARDS FOR HAZARD REDUCTION; PROVIDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 14, 2012). Sponsored by C.M. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. Rev. Joseph L. Kelly appeared before the City Commission and asked if this was piggybacking off any other cities in regards to flood regulation or if it was modeled after any particular city. Manager Finnie stated that these changes were mandated by FEMA as part of a national program they are moving forward. Rev. Kelly asked if this plan will mean a reduction to citizens in their flood insurance. Manager Finnie stated that yes this is the aim of the program. There being no further persons to speak on the public hearing, the public hearing was closed. City Commission Meeting Minutes-04/11/2012 Page 21 It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the ordinance. Vice Mayor Johnson asked that a written document be created informing and educating citizens as to why this effort is taking place and the savings it will bring to people. She would like to have it produced within the next 2 weeks. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Holmes Yes Commissioner Miller Yes Vice Mayor Johnson Yes Mayor Taylor Yes C. RESOLUTION/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: A. CITY MANAGER'S REPORT: Manager Finnie reported that lift station 11A has been started and a completion should be accomplished by June or July. The 143rd Street project has started and is expected to be done within 2 weeks. Public Works had gone 2 weeks without a single drain cover being stolen thanks to a tracking and sealing program that addressed this issue. He commended staff for their work. The Budget Department is bringing a mid-year amendment, but the amendment will not be as drastic in the past and improvements will still be made in this area. Finance Department is doing well and working aggressively to limit illegal water use. Community Development has been doing a fantastic job and has completed the Annexation recommendation for the meeting on Monday. They have also completed a signage ordinance that should be presented to the Commission in May. Code Enforcement is working aggressively to address issues regarding citations, abandoned vehicles, keeping commercial licenses up to date, and the community seems to be responding positively to these increased efforts. The IT Department has been extraordinary in their work on the server transition. Parks and Recreation will be playing a greater role in the Sherbondy Park project now that it is almost complete. Finally, the Police Department continues to improve police presence in the city and their overtime allocations have gone significantly down. They will also be going to a 10 day shift plan which will put more officers on the street and have a positive impact on overtime. Mayor Taylor asked for a report on the roof project. The bids have been received, but none of the companies will guarantee their pricing until they have an opportunity to physically tear into the roof to assess any damage beneath the surface. City Commission Meeting Minutes-04/11/2012 Page 22 Vice Mayor Johnson asked for a detailed report on Johnson Controls so the Commission will have a better understanding of their work. She also stated she would like to participate in workshops coming up, but stated Mondays do not work for her and requested if possible the dates be changed so she can attend. She continued by saying that citizens have called CHOICE to pick up additional garbage, but were told they would be invoiced for it. She asked the City Manager to follow up on this. She also stated she noticed the Fire Department doing fire hydrant inspections and asked when things like this take place that the citizens and Commission be informed. Commissioner Holmes asked why manhole covers are being sealed without having them be cleaned first because it is a waste since they will have to break through the welding spots to clean them the next time. Commissioner Miller stated that she was leaving the meeting at this time due to ill health but reminded everyone about the scholarship banquet at Shula's on April 21st Mayor Taylor asked that the barrier at the pump station at 135th Street be repaired because it is unsightly. B. ACCOUNTS PAYABLE: Ezekiel Orji, Finance Director for the City of Opa-locka reported that his written reports are included in the package given to the Commission. There is currently a reserve of$560,000 in the bank. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller reported that he needs approval by the City Commission authorizing him to defend the city against the Road Runner lawsuit in order to file some important papers. The Commission expressed concern that this item was not added to the agenda. The City Attorney was authorized to defend the lawsuit, but needs to bring a resolution to the Commission at the next meeting to formally approve the work. He further reported that in the Deborah Irby matter additional correspondence has been received and that in the future an Executive session will be needed in order to discuss the city's official position in this matter. This also applies to the Octavian Spanner case which is being defended by the League of Cities. The court has referred this case to mediation. At some point prior to the mediation and an Executive session will also be needed to receive advice from the Commission on the position of the city in this matter. He further added that the city is moving forward well in the two labor management negotiations that are taking place. He stated that these will also require Executive sessions at some point and a review of the city's finances will be necessary before any monetary offers are made. For non- City Commission Meeting Minutes-04/11/2012 Page 23 monetary contracts, approval of all final documents will be made by the City Commission. He stated that an agreement has been reached with the School Board for a lease on the Community Garden and this will be brought before the Commission soon. Vice Mayor Johnson thanked the attorneys and staff with regard to the CDC. She asked that at the next meeting previously passed legislation be brought back for the record. She also asked that any correspondence coming to the Commission should be signed and dated. Commissioner Holmes stated that Mr. Logan called him to let him know about not being able to get the grant. He also asked whether there is a 60 or 90 day window to get a referendum on the ballot. Attorney Geller responded that the deadline for the August ballot is the end of May, after the second May Commission meeting. Commissioner Holmes stated he would like to meet with City Attorney Geller to draft a referendum regarding compensation and insurance benefits. The Commission stated disappointment in the fact that the CHOICE grant did not come through and Vice Mayor Johnson stated that there needs to be troubleshooting throughout the city and in the Commission to address any issues that kept the city from winning this grant because there may be others out there that they may eligible for. Manager Finnie stated that there were many aspects of the housing development that were pulled back on because of the CHOICE application. He commended the CDC on their work on the application and they made a very fair offer to move the project forward and he was disappointed that it was not accepted. 22. CITY CLERK'S REPORT: The Interim City Clerk reminded the Commission of the workshop is Monday, April 16, 2012 at 3:00 p.m. She stated that moving forward she will make sure to schedule workshops at times that are convenient for everyone. 23. MAYOR/COMMISSION REPORT: Mayor Taylor acknowledged her husband who was in attendance. Commissioner Holmes stated that arrangements for his wife's aunt have been made and there will be no funeral services held. Mayor Taylor also stated that she came in from Sanford, Florida and in their Commission meeting there was a vote of no confidence in the Chief of Police because of the Trayvon Martin case. She also thanked Mr. Brown for the Shriner's Easter celebration and the football clinic both of which were so successful. City Commission Meeting Minutes-04/11/2012 Page 24 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to adjourn the meeting at 10:55 pm. yra /Taylor Mayor ATTEST: oanna Flores Interim City Clerk City Commission Meeting Minutes-04/11/2012 Page 25