HomeMy Public PortalAbout06- June 27, 2012 Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
June 27, 2012
7:00 P.M.
Opa-locka Municipal Complex
780 Fisherman Street, 2"d 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, June 27, 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,
Commissioner Gail E. Miller, Commissioner Timothy Holmes, Vice Mayor Dorothy Johnson
and Mayor Myra L. Taylor. Also in attendance were: City Manager Bryan K. Finnie, City
Attorney Joseph S. Geller and Interim City Clerk Joanna Flores.
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):
Manager Finnie deferred agenda item 19-3.
The following items were pulled from the Consent Agenda to be discussed separately under
agenda item 15 —Action Items: 19-1, 19-2 (Johnson) and 19-4, 19-5, 19-6, 19-7 (Holmes).
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 5-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
1 I Regular Commission Meeting Minutes—June 27,2012
Commissioner Miller Yes
Commissioner Holmes Yes
Mayor Taylor Yes
Request to amend the agenda to include item 16-1:
16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO ACCEPT THE RESIGNATION OF CITY MANAGER BRYAN FINNIE
EFFECTIVE AS OF JULY 31, 2012; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J.
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 passed by a 5-0 vote.
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting—06/13/2012
It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the minutes
of the Regular Commission Meeting of June 13, 2012.
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
9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT:
Due to the redistricting, Vice Mayor Johnson indicated that a portion of Opa-locka is in the 20`h
Congressional District of Florida. She requested this representative is sent an invitation to city
meetings and be included on the city commission agendas.
10. STATE SENATORS REPORT:
2 I Regular Commission Meeting Minutes—June 27,2012
11. STATE REPRESENTATIVES REPORT:
12. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Mayor Taylor informed the Commission that Mr. Larry Gardner, Community Liaison for District
One would not be in attendance due to another engagement.
13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
14. PUBLIC PRESENTATION:
1. Nova Lee of 1833 NW 5th Place, Miami, Florida, came forward and presented the
Commission with handouts. She spoke on behalf of International Power USA LLC regarding the
property located at 2091 - 2093 NW 139 Street. This property was purchased for the purpose of a
auto body shop, but the owner was denied by the city who cited they were no longer issuing
permits for auto body shops at that location because the previous businesses were grandfathered
in. She requested that the City Commission approve this business which has already been
approved by DERM.
Manager Finnie asked that the Commission allow him the opportunity to review this matter and
meet with Mrs. Lee in efforts to bring a resolution to this issue.
2. Reverend Joseph L. Kelley of 485 Dunad Avenue, Opa-locka, Florida, appeared before
the City Commission and voiced his concerns relating to the budget amendments, agenda item
19-7 as it relates to an administrative foreclosure program, and the burglaries including A/C Unit
thefts. As it relates to the recent increase in burglaries, he requested that the City Commission do
something to address this issue.
Vice Mayor Johnson said that in the Superior Gardens area the A/C units are being stolen in
broad daylight. In addition to what Reverend Kelley stated, she directed the City Manager to
look at the county's plan to reduce these thefts because they are looking at it county wide. She
hoped that the city could address this issue and come up with an immediate plan of action.
14a. CITIZENS' FORUM:
1. Eldridge Redmon of Villa Francine appeared before the City Commission and expressed
his concerns relating to a citation he received and a problem with the grass at the area between
Wells Fargo and Villa Francine. In question was who owned the property and who is responsible
for the maintenance.
Commissioner Miller requested clarification relating to the exact location of this property.
Manager Finnie explained the location of the property. He said he would have to research that
particular property, but it was never his understanding that the city owned it.
Regular Commission Meeting Minutes—June 27,2012
Commissioner Holmes indicated that Mr. Redmon previously visited his office and as a result he
was going to give the information to the City Manager so that he can direct the city's Urban
Rangers to cut the grass.
Vice Mayor Johnson recalled the time when there were numerous tractor trailers parking on that
property and a person was sexually assaulted. At that time, it was distinguished that the City of
Opa-locka does not own the property unless something happened since then. However, she
brought to the City Manager's attention that there is legislation addressing abandoned properties
whereby the city place liens on the property, but those maintenance fees can also be added to the
property taxes. Additionally, she mentioned to the City Manager that the vacant apartments in
that same area need to be boarded up.
She directed the City Attorney to prepare legislation that would allow for the maintenance costs
to be added to the property's tax roll.
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 REMOVE BRYAN K. FINNIE AS THE CITY MANAGER, DUE TO
LACK OF CONFIDENCE; PROVIDING FOR INCORPORTION 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 Vice Mayor Johnson, seconded by Commissioner Holmes for discussion.
Based on the recent receipt of Bryan Finnie's letter of resignation effective July 27, 2012,
Commissioner Holmes withdrew the above resolution.
The motion and seconded were withdrawn.
2. (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AMEND RESOLUTION 11-8232 TO REFLECT A NAME CHANGE
FROM THE CITY OF OPA-LOCKA EDUCATION & SCHOLARSHIPS FOUNDATION,
INC. TO THE CITY OF OPA-LOCKA EDUCATIONAL FOUNDATION, INC.; 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 Vice Mayor Johnson, seconded by Commissioner Holmes to pass the above
resolution.
After doing some research on sunbiz.org, Vice Mayor Johnson said that since the foundation has
not yet been incorporated she would like to make the name change as stated in the resolution to
ensure transparency. She said she didn't want to give the perception of the commission members
competing since several already have scholarships.
4 ( Regular Commission Meeting Minutes—June 27,2012
She continued by providing further clarification as requested by Commissioner Miller as to the
intent of the resolution.
She further explained that in 2010 the City Commission adopted an education compact of which
she would be meeting with affiliations on July 11, 2012 to finalize. The foundation is to help the
education compact without having funds coming out of the general fund.
Mayor Taylor asked, what are the differences of the various scholarships? She said her
scholarship is for childcare facilities within the City of Opa-locka,
Commissioner Miller said her scholarships targets high school seniors who will be entering
college.
Vice Mayor Johnson said the scholarships for the organization she founded are for Miami-Dade
County Public Schools all levels.
Mayor Taylor clarified that the purpose of the resolution is just to remove the word
"scholarship".
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. (19-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH COMTECH ENGINEERING, INC. FOR THE REHABILITATION OF
SANITARY SEWER PUMP STATION 10, IN AN AMOUNT NOT TO EXCEED SIX
HUNDRED SEVENTY SIX THOUSAND FIVE HUNDRED FORTY-THREE DOLLARS
AND THIRTY CENTS ($676,543.30), PAYABLE FROM ACCOUNT NUMBER 35-535630;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by C.M.
The above resolution was deferred by the City Manager.
4. (19-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE
SETTLEMENT OFFER BY MIAMI-DADE COUNTY DEPARTMENT OF HEALTH (DOH)
FOR THE VIOLATION OF RULE 62-555.345, F.A.C. SECTION 403.121(3) (A), RULE 40
CFR 121 SUBPART I, SECTION 403.121 (4) (E), RULE 62-550.824(3) (A), F.A.C. AND
SECTION 403.131(4) (F) IN THE AMOUNT OF EIGHT THOUSAND DOLLARS ($8,000),
PAYABLE FROM ACCOUNT NUMBER 64-533520; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
_........_.....1 Regular Commission Meeting Minutes—June 27,2012
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.
Manager Finnie briefly provided an explanation on the above item.
Vice Mayor Johnson expressed her concerns with the city having qualified staff and the city's
ongoing violations of the law as it relates to projects in the city. Similar issues occurred with the
Sherbondy Village project and that is the reason the city had to continue going to the county for
many issues. Some of the same personnel are here today that was here back then and she hope
this is a lesson learned.
Manager Finnie stated that most of those individuals are no longer with the city. He commended
the Public Works Department because when this issue first came up, they addressed it directly.
The city fine could have been far more significant than $4,000.00 per incident had they not
shown a level of professionalism.
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
5. (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR
QUALIFICATIONS (RFQ) FOR THE PREPARATION OF TRANSPORTATION MASTER
PLAN AND ENHANCEMENT STUDY PHASE I PER MPO GRANT FOR THE CITY OF
OPA-LOCKA FROM RESPONSIVE CONSULTING FIRMS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored
by C.M.
The above resolution was moved by Commissioner Holmes, seconded by Commissioner Miller
to pass the above resolution.
At the request of Commissioner Holmes, Manager Finnie briefly provided an overview of the
resolution.
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
6 I Regular Commission Meeting Minutes—June 27,2012
Mayor Taylor Yes
6. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO AWARD RFQ 12-
2505100 TO MARCUM LLP AND NEGOTIATE AND EXECUTE AN AGREEMENT FOR
CONSULTING SERVICES RELATED TO PROVIDING FORENSIC AUDIT OF THE
UTILITY BILLING ACCOUNTS, IN AN AMOUNT NOT TO EXCEED $35,000, PAYABLE
FROM ACCOUNT NUMBER 61-513320, AND 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 Commissioner Holmes, seconded by Commissioner Miller to pass the above
resolution.
At the request of Commissioner Holmes, Manager Finnie briefly explained this resolution.
Vice Mayor Johnson recalled attending Miami-Dade County League of Cities meeting and it was
highlighted at that time that a municipality through a forensic audit put a lot of things in place.
She suggested that the city also include its collection process.
Manager Finnie stated that this company will look at the collection process as well.
There being no further 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
7. (19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO APPROVE AN "ADMINISTRATIVE FORECLOSURE PROGRAM"
ON CERTAIN PROPERTIES IN THE CITY OF OPA-LOCKA WITH OUTSTANDING
LIENS; 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, what is the plan once the city forecloses on these properties?
7 I Regular Commission Meeting Minutes—June 27,2012
Manager Finnie explained that the plan is to foreclose on properties after he comes back to the
City Commission and develop a utilization plan for those properties. This legislation is just
giving the instrument to foreclose.
Vice Mayor Johnson requested that this resolution is deferred until a detailed outline process is
presented to the Commission because this information must be provided prior to and not after the
fact.
The motion and seconded were withdrawn. Manager Finnie deferred the resolution.
16. NEW ITEMS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO ACCEPT THE RESIGNATION OF CITY MANAGER BRYAN FINNIE
EFFECTIVE AS OF JULY 31, 2012; 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 resolution.
Vice Mayor Johnson stated that the Commission received the City Manager's resignation letter
on that day and she consulted with the legal department to come up with this legislation to allow
for a smooth transition.
Commissioner Holmes concurred with Vice Mayor Johnson based on the City Commission
being in a position to hire a new city manager during the Special Commission Meeting scheduled
for June 28, 2012.
Commissioner Tydus stated that she was in favor of the resignation taking into consideration the
fact that Mr. Finnie's resolution extending his tenure for an additional six months would end
June 30, 2012 of which she has supported despite criticism. However, she is not in agreement
with the three months severance pay in that his tenure was to end June 30, 2012 and there was no
provision in that resolution for a severance pay.
Vice Mayor Johnson stated that the severance would really equal two months because for one
month Mr. Finnie will be working with the incoming City Manager until July 31, 2012. This
would allow Mr. Finnie to transition out and the two months is fair.
She further stated that quite often the city has employees that sue the city and she would like the
City Manager to put on the record that that is not his intention.
Manager Finnie replied, no. He committed to this job through thick and thin and he is happy to
be here.
Commissioner Miller concurred with Vice Mayor Johnson and suggested that the Commission
move forth with giving Mr. Finnie the severance afforded in the resolution.
8 I Regular Commission Meeting Minutes—June 27,2012
Commissioner Tydus stated that the former two City Managers that were eluded had severance
packages, but Mr. Finnie does not. If the Commission wants to keep him until October 31, 2012
and pay him for those three months then say that, but to label that as severance is not right. In
addition to that, the City Manager has enough Assistant City Managers and Assistant to the City
Manager that works with him and should be able to provide the incoming City Manager with
whatever information necessary. She said she would accept his resignation because that is
important as far as the success of his career, but June 30, 2012 is the date upon which his
agreement ends and anything after, it does not have a provision for severance pay.
Commissioner Holmes agreed with both Vice Mayor Johnson and Commissioner Miller that the
Commission should give the two month severance to Mr. Finnie.
Mayor Taylor stated that the incoming City Manager does not need the old City Manager over
him. She suggested that the Commission move forth with correcting the date in the resolution to
correspond with his resignation.
Vice Mayor Johnson added that the severance should be for two months and not three.
Of concern to Mayor Taylor was that the resolution did not include a dollar amount and she
would like that figure to be included in the agenda.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to amend the
resolution by changing the effective date of the resignation from July 31, 2012 to July 27, 2012.
There being no discussion, the amendment passed by a 5-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
It was moved by Commissioner Holmes, seconded by Commissioner Miller to amend the agenda
by changing the fourth whereas and Section 2 of the resolution as follows:
Whereas: City Manager Bryan Finnie shall thereafter be granted two (2) months severance pay
in the amount of$17,510.00 with no benefits upon the effective date of the resignation; and
Section 2: The City Commission of the City of Opa-locka accepts the resignation of City
Manager Bryan Finnie effective July 27, 2012, and thereafter he shall receive as severance pay
the amount of$17,510.00 with no benefits upon effective date of resignation.
Vice Mayor Johnson suggested that Mr. Finnie be on a W-9 during the transition because the city
cannot have two City Managers. The City Commission should be prepared to select a new City
Manager on June 28, 2012 following the interviews.
9 I Regular Commission Meeting Minutes—June 27,2012
Attorney Geller advised that if the Commission chooses to make its selection the following day,
there is still the question to be addressed as to whether or not the Commission is going to have
any other kind of agreement, a resolution, or negotiations as done in the past with people
selected. The Commission must also take into consideration that the selected candidate may be
currently employed and may need to provide notice.
Vice Mayor Johnson said if this should happen then the Commission has a cushion until July 27,
2012.
Attorney Geller said that the Commission is always permitted, by keeping Mr. Finnie on salary
that does not require them to continue the duties because they can make any decision as to when
the new person becomes in that position.
Commissioner Holmes clarified that should the Commission make a selection on the following
day, they can indicate that this individual does not start until July 27, 2012.
Attorney Geller advised that the Commission can do whatever they chose when they find out
who is selected.
There being no further discussion, the amendment passed by a 4-1 vote.
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus No
Commissioner Miller Yes
Mayor Taylor Yes
The motion on the resolution passed by a 4-1 vote.
Commissioner Tydus No
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
17. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AMENDING ORDINANCE 11-15, THE GENERAL FUND BUDGET FOR THE
10 I Regular Commission Meeting Minutes—June 27,2012
FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012
ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A",
OPTION (A, B, OR C); CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
Manager Finnie recommended that the City Commission authorize Option"A" for a$300,000.00
bank loan.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to pass the above
ordinance on first reading.
Vice Mayor Johnson said she was more in favor of Option "B" because she would prefer using
monies the city has versus money it doesn't have. Option B would allow the use $300,000.00
from the city's reserve.
Commissioner Tydus stated that she was adamantly opposed to borrowing funds so she is willing
to compromise with the reserve as oppose to eliminating the six positions.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to insert the selection
of Option `B".
There being no further discussion, the motion for Option"B"passed by a 5-0 vote.
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
There being no further discussion, the motion on the ordinance with the insertion of Option "B"
passed by a 5-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Mayor Taylor Yes
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AMENDING ORDINANCE 11-16, THE PROPRIETARY AND SPECIAL
REVENUE FUNDS BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011
AND ENDING SEPTEMBER 30, 2012; ADJUSTING REVENUES AND EXPENDITURES
AS REFLECTED IN EXHIBIT "A", REFLECTING CHANGES IN REVENUE SOURCES AS
FOLLOWS: FEMA FUND (FUND 169), FIVE THOUSAND FOUR HUNDRED AND
11 I Regular Commission Meeting Minutes—June 27,2012
NINETY FIVE DOLLARS ($5,495); WATER AND SEWER FUND (FUND 440), EIGHT
HUNDRED AND FIFTY NINE THOUSAND NINE HUNDRED AND EIGHTY ONE
DOLLARS ($859,981); CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; FURTHER PROVIDING FOR AN EFFECITVE 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 Holmes to pass the above
ordinance on first reading.
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
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, PROHIBITING THE SALE, OFFER FOR SALE, PURCHASE WITH INTENT TO
SELL OR PUBLIC DISPLAY FOR SALE OF LOOSE, LEAFY OR GRANULAR INCENSE
PRODUCTS AND OTHER SYNTHETIC SUBSTANCES THAT MIMIC ILLEGAL DRUGS
(SYNTHETIC MARIJUANA); PROVIDING FOR DEFINITIONS; PROVIDING FOR
SEIZURE AND INJUNCTIVE RELIEF; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Commissioner Miller to pass the above
ordinance on first reading.
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
4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO APPROVE AMENDMENT TO ORDINANCE 12-10, TO AUTHORIZE THE
CITY MANAGER TO EXECUTE AN AMENDED TWO-YEAR INTERLOCAL
AGREEMENT WITH THE MIAMI-DADE COUNTY STORMWATER UTILITY AS TO
PROVISION OF CONTRACT SERVICES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
12 I Regular Commission Meeting Minutes—June 27,2012
The above ordinance was read by title by Attorney Geller.
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to pass the above
ordinance on first reading.
Vice Mayor Johnson suggested that the City Manager insert the canal corrosion into this
agreement.
Manager Finnie informed the Commission that there is a memorandum coming to them
regarding the canal corrosion. However, this document was previously approved by the City
Commission and by State Statutes they are asking for minor adjustments. He said he would look
into this matter to see if the canal corrosion could be included.
Vice Mayor Johnson said she would speak with Commissioner Jordan to make sure this item is
included.
Since this is first reading, Attorney Geller stated that if the City Manager is able to accomplish
by the time it comes back on second reading, he would not find it a material change that would
invalidate the first reading to just add an additional clause that would benefit the city. If that
could be done, then the change could be accomplished on second reading.
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
5. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AMENDING THE COMPREHENSIVE DEVELOPMENT MASTER PLAN BY
CREATING THE TRANSIT ORIENTED DISTRICT (TOD) OVERLAY CLASSIFICATION,
AMENDING THE FUTURE LAND USE MAP, UPDATING THE PARK AND
RECREATION ELEMENT AND AUTHORIZING THE TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; 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 on first reading.
Vice Mayor Johnson stated that this particular legislation will provide opportunities for revenue.
13 I Regular Commission Meeting Minutes—June 27,2012
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
Mayor Taylor thanked Vice Mayor Johnson for moving so expeditiously with the City Manager
selection process. In addition, she thanked her colleagues for responding in a timely fashion.
B. SECOND READING/PUBLIC HEARING:
C. RESOLUTION/PUBLIC HEARING:
19. ADMINISTRATION:
CONSENT AGENDA:
A. CITY MANAGER'S REPORT:
Manager Finnie reported that he received notification from Miami-Dade County through the
CDBG process that the city will receive an additional $800,000.00 and staff will be working on
that agenda item to accept those dollars.
He continued by saying that memorandums were sent out to the Commission as it relates to the
Summer Work Program and Sherbondy Village. He was asked to identify options for a new City
Hall and he laid those options out along with the financial impact, however, staff has not
received feedback and he needs that feedback to figure out the next step. Additionally, he made a
request for a summer job program to employ local adult residents to assist with the alleys, etc.
and he would like to get a response in order to implement that program.
Commissioner Holmes informed the City Manager of the following concerns which he would
like to be addressed:
1) Are lunch trucks required to have a special permit from the city to operate throughout
the city; if so, the appropriate staff must be directed to make sure the lunch trucks
owners are operating with the required permit/license
2) Provide a detailed report on the Johnson Controls issue relating to the water meters
because there are still plenty complaints about high water bills
3) Wells at the Old Water Plant must be capped
4) Make sure the pump stations are working properly, including the Master Pump
Station
5) Proposed 7 story senior development in front of the Opa-locka Post Office (Holmes
not in agreement with this development)
6) City Manager hired the same lawn service contractor utilized by Town Center One
7) Make sure the grass at the property near Villa Francine is cut ASAP
14 I Regular Commission Meeting Minutes—June 27,2012
8) Contractor brought in to run the city's Building & License Department without
bringing in revenues to the city
9) Urban Rangers in need of a lawn mower
10)Completion date for the Pump Station at Sherbondy Park
11)Sherbondy Village still doesn't have a Certificate of Occupancy
12)Previous request for information relating to the modular at Sherbondy Park to relocate
city offices
Vice Mayor Johnson stated that she would like to see an educational workshop offered to
individuals 18 & older for employment opportunity through the CET and Weed & Seed
programs. She mentioned that her organization interviewed several young men and she could not
hire one because of their criminal backgrounds. She expressed the importance of working with
young men at an early age to let them know the importance of having a clean record.
She continued by requesting that the City Manager work with Miami-Dade County or whoever
responsible for putting the signage up on East Superior Street and NW 27th Avenue to erect a"no
turn on red" sign because vehicles are driving on the sidewalks causing damage.
She further encouraged youth awareness programs throughout the city which could be
incorporated through the CET program.
Manager Finnie stated that there are dollars for Crime Prevention and this is something that he
can look at.
Commissioner Tydus informed the City Manager that she sent him a memorandum with
administrative concerns and directives.
Mayor Taylor asked for clarification about the summer work program.
Manager Finnie reiterated that a recommendation was made to hire city residents on a temporary
basis to do some summer work program and he needs the Commission to approve of this
program.
Vice Mayor Johnson asked, where would the money come from?
After reviewing the budget, Manager Finnie said he was able to identify funds to accommodate
this type of work force.
Prior to the Commission giving their approval, Vice Mayor Johnson suggested that the City
Manager show where the money is coming from because right now there is a deficit in the
budget and she is not for spending.
Manager Finnie stated that under tab 5 in their package from the City Manager, there is a
memorandum dated June 06, 2012 addressing this issue. He agreed to reissue another
memorandum addressing the line item whereby these monies would come from.
5 I Regular Commission Meeting Minutes—June 27,2012
Vice Mayor Johnson stated that she would not want anyone to just come up with five names
because there needs to be a process in order to ensure fairness. She suggested that the city be
more creative and utilize existing programs providing this type of services at no cost through
federal government.
Manager Finnie stated that he will provide a memorandum recommending the city move forth
with this program giving the details as to where the money is coming from and how it will be
spent. He will have signature pages for the Commission to sign off with their approval.
Vice Mayor Johnson said she wouldn't be in agreement with that either because it should be
open to the general public where people in this area can apply for the positions which should
take place through Human Resources.
Manager Finnie agreed with Vice Mayor Johnson and reiterated that he is just requesting
approval to move forth with that process.
Both Mayor Taylor and Vice Mayor Johnson said that the City Manager should have had
something of this importance on the agenda for approval.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and informed the
Commission that the three financial reports have been included in their packet. Also, the City
Commission should be in receipt of the audit financial statement for FY 2011.
Vice Mayor Johnson requested that Dr. Orji provide a copy of Florida Statutes that requires the
city to have $200,000.00 in the reserves.
20. OFFICIAL BOARD REPORTS:
21. CITY ATTORNEY'S REPORT:
22. CITY CLERK'S REPORT:
Clerk Flores informed the City Commission of the Voter Education Day scheduled for July 18,
2012 @ 6:30 p.m. on the 2nd Floor of Town Center.
Mayor Taylor expressed her concern on the upcoming elections as it relates to senior citizens.
23. MAYOR/COMMISSION REPORT:
Commissioner Tydus announced that the Cinema Saturday Luncheon scheduled for the month of
June has been cancelled and will resume on the last Saturday of July at 12:00 p.m.
She further announced that the City of Opa-locka in collaboration with Teen Upward Bound and
The Pilots will hold a bicycle safety program on June 29, 2012 from 2:00 p.m. —6:00 p.m. at 630
16 I Regular Commission Meeting Minutes—June 27,2012
Sharar Avenue, Opa-locka, Florida. This program came as a result of the Community Relations,
Recreation and Activities Board.
Vice Mayor Johnson reported that she is working on the educational compact and she has
contacted the President of Florida Memorial University who has assigned the Office of
Academic Affairs to work with the city along with the school board.
She mentioned that she had the opportunity to briefly meet with the Opa-locka CDC and the
artists they are bringing into the Magnolia North area.
She announced that this year she would not be able to work with the Back to School Giveaway,
but Commissioner Miller has agreed to take this on.
She further stated that hopefully there would be an opportunity to have the Miami Heat serve as
the grand marshal for the MLK Parade in January 2013.
Mayor Taylor encouraged the City Commission to work together in order to carry out their
vision for the City of Opa-locka in hopes of making it a"Five Star" city.
24. OFFICIAL BOARD APPOINTMENTS:
25. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Tydus, seconded by Vice Mayor Johnson to adjou the meting at 8:58 p.m./1-/
Myra(01 Taylor
i• MAYOR
TTEST:
I Joanna Flores
Interim City Clerk
17 I Regular Commission Meeting Minutes—June 27,2012