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04- April 27, 2011 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING April 27,2011 7:00 p.m. City Commission Chambers 777 Sharazad Boulevard Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, April 27, 2011 in the City Commission Chambers, 777 Sharazad Boulevard, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Dorothy Johnson, Commissioner Timothy Holmes, Commissioner Gail E. Miller and Mayor Myra L. Taylor. Also in attendance were: City Manager Clarance Patterson, City Attorney Joseph S. Geller and City Clerk Deborah S. Irby. Commissioner Rose Tydus arrived at 7:05 p.m. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. Police Chief Cheryl Cason and Captain Miguel Galvez both of the Opa-locka Police came forward with a presentation on Operation Wolf Pack, a newly formed task force comprising of crime suppression units from the Federal Government, State, County and municipalities in the North end of the county. Also present were members of the Wolf Pack Operations. Luis Santiago of 1156 Peri Street, Opa-locka, Florida came forward in company of Juan Correa, President of the Paraguay Center of Miami-Dade County to present a plaque dedicated to the City of Opa-locka on behalf of the government of Paraguay. Mr. Santiago also extended an invitation to the City Commission to the 200`h Anniversary Celebration of the Independence of Paraguay on Sunday, May 1, 2011 at Florida Memorial University. 5. APPROVAL OF AGENDA: Regular Commission Meeting Minutes—04/27/2011 1 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Vice Mayor Johnson pulled agenda items 15-2, 15-3, 15-4, 15-5 and 15-6 and Commissioner Tydus pulled agenda item 15-1 off of the Consent Agenda (these items would be discussed separately under Agenda Item 12—Action Items). 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. 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—04/13/2011 It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve the minutes of the Regular Commission Meeting of April 13, 2011. 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. DISTRICT ONE - COUNTY COMMISSIONER REPORT: Larry Gardner, Liaison to District 1 County Commissioner Barbara Jordan came forward to address any concerns. Vice Mayor Johnson apologized to Commissioner Jordan for the city's lack of participation at the Eco Fair. In addition, she apologized for not being able to attend the CAA training due to her attendance at the commission meeting. Regular Commission Meeting Minutes—04/27/2011 2 10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: 11. PUBLIC PRESENTATION: h 1 a. CITIZENS' FORUM: Mayor Taylor announced that the Cultural Arts Center will not close; it is a part of the revitalization of Magnolia North. 1. Adwina Sherman of 2165 Washington Avenue, Opa-locka, Florida, appeared before the City Commission to voice her concern relating to a rumor about the Opa-locka Express shuttle services being discontinued. Mayor Taylor advised Mrs. Sherman that the bus service would continue. 2. Willie Smalls of 3110 NW 135th Street, Apt. 1, Opa-locka, Florida, came forward for a follow up on his situation which was previously discussed at the last commission meeting pertaining to being able to get his job back with the city. Commissioner Holmes suggested that Mr. Smalls stay for the remainder of the meeting to hear the dialogue relating to Civil Service Board issues. 3. Diana Smith of 2110 Washington Avenue, Opa-locka, Florida, appeared before the City Commission and asked about the summer youth employment program. Mayor Taylor advised that the city would have the Summer Youth Program. Of further concern to Ms. Smith was the fact that the drivers of the Opa-locka Express were hired from other areas when there are individuals in Opa-locka in need of jobs. Vice Mayor Johnson explained that the city cannot dictate to the contractor as to who they hire. However, the city has expressed its concerns relating to hiring Opa-locka residents. Ms. Smith inquired about the lack of elected officials attending the Crime Watch Meetings. Vice Mayor Johnson discussed her recent invitation to all of the Crime Watch members in Opa-locka and only two members were in attendance. 4. Nathan Mallory of 1820 Ali-baba Avenue, Opa-locka, Florida, appeared before the City Commission and asked if the Community Empowerment Team (CET) would remain at the Cultural Arts Center because they have done a great job in providing assistance to residents. Mayor Taylor advised that the CET program would remain at the Cultural Arts Center. Regular Commission Meeting Minutes—04/27/2011 3 • 5. Arthanial Mohammed of 1815 Ali-baba Avenue, Opa-locka, Florida, came forward and asked about road repairs and lighting repairs on Ali-baba Avenue as well as lighting repairs on York Street and Rutland Street. He asked for a timeline as to when the city would begin to beautify Magnolia North. Mayor Taylor stated that the beautification and revitalization of Magnolia North is now in the planning stages, but 13 Million Dollars is being invested into that area through Habitat for Humanity and the Opa-locka CDC. Vice Mayor Johnson clarified that the 13 Million Dollars is being sponsored by the Opa- locka CDC and Miami-Dade County Commissioner Jordan. 6. Kimberly Smith of 2084 Washington Avenue, Opa-locka, Florida, appeared before the Commission to express her concerns relating to the requirements for the Habitat for Humanity homes. Mayor Taylor explained that she wasn't aware of Habitat for Humanity's breakdown of financial obligation for home ownership. Ms. Smith further spoke about the lack of activities for the youth in the Magnolia North area. She said when events take place in other areas of the city, the residents in the Magnolia North area are not notified. Mayor Taylor suggested that Ms. Smith speak to the Parks & Recreation Director regarding youth activities. 7. Eldrige Redmon of 2766 NW 131st Street, Opa-locka, Florida, appeared before the City Commission and discussed the agreement worked out between him and Mr. Huffman where the lawsuit against Opa-locka would be dismissed without prejudice. He pleaded that the city do due diligence so that no other citizen would have to bring suit against Opa-locka in order for Opa-locka to take due care when developers are allowed to come into the city and build. He continued by thanking Vice Mayor Johnson for her assistance in addressing a water main break during the construction taking place at Villa Francine. His concern was that the water main break took place around 5:30 in the afternoon and no one from Opa-locka responded until 7:15 a.m. after he had to call Vice Mayor Johnson and she called to get someone out there. Mayor Taylor apologized to Mr. Redmon for the delay in the water main break. 12. ACTION ITEMS (items from consent agenda pull list): 16-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO DIRECT THE CITY MANAGER TO FOLLOW AND Regular Commission Meeting Minutes—04/27/2011 4 IMPLEMENT ANY AND ALL "FINAL ORDERS" OF THE CIVIL SERVICE BOARD; 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. In terms of the second whereas in the body of resolution which read: "the Civil Service Board has issued certain "Final Orders" which have not been implemented by the city", Commissioner Tydus asked, what specific final orders have not been implemented? John Riley, Chairman of the City of Opa-locka Civil Service Board mentioned several cases in which final orders were issued. Commissioner Tydus asked, what were the final orders of the Civil Service Board? Mr. Riley stated that the final orders included employees returning back to work, reinstatement of pay, and others who were transferred and needed to be placed back to their original position. According to the provisions of the city's Code relating to the Civil Service Board, Commissioner Tydus asked for legal advice as to where does the authority lie as far as the final orders to the administration? Attorney Geller explained that a hearing was held earlier that morning on one specific case. Commissioner Tydus asked, is this resolution based on one case or all of the cases mentioned by Mr. Riley? Commissioner Holmes said that the resolution is based on the ruling of the Civil Service Board. He explained that one particular case went before the judge on two occasions and on both occasions the judge ruled in favor of the Civil Service Board. In his opinion, the ruling should be adhered to with all of the cases. Mr. Riley stated that the judge's ruling in accordance with Section 192 of the Opa-locka Charter is that the Civil Service Board's ruling is conclusive. Commissioner Holmes suggested that the Commission put this matter to rest because the city is wasting money going before the judge when the judge has issued a ruling which is the law. He said he didn't need an executive session to talk about the judge's decision. The City Commission needs to move forward with this item. Regular Commission Meeting Minutes—04/27/2011 5 Attorney Geller went over sections 192 and 183 of the Opa-locka Charter and explained the conflict between the two. He made it clear that the city has not appealed this matter; however, the city has the right to appeal within 30 days. This is a matter the Commission would decide whether or not to make an appeal. He is simply requesting that the Commission hold an executive session to discuss the reasons why they have chosen to contest this issue. He added that some of these issues predated him and the City Manager and they are issues of grave concern to the city financially. He continued by requesting executive sessions for the following cases: Bracy vs. Opa- locka and Alonzo Williams vs. Opa-locka. He further stated that he believes the City Manager is the party entitled to issue a final order and what the Civil Service Board issues are recommended orders in the same fashion as Civil Service Boards. Commissioner Tydus voiced her concern in terms of this resolution being founded on an isolated situation and she could not in good conscious vote favorable on it. The authority of any board shall never exceed that of the Commission or the administration and that's what she is hearing. She said she would be more inclined to consider the City Attorney's recommendation for an executive session. However, the city must address the inadequacies in the charter and this is one of them as it pertains to the authority of this particular board. Mr. Riley was troubled to hear that this Commission or any of its members do not believe in the constitutional right of due process of law and that's what the charter presents. Section 11 of the Charter prohibits this Commission from interfering or even suggesting who is hired and fired in the administrative service and that's why there is a Personnel Board. There must be a process in between because it does not give the Commission absolute authority nor does it give the City Manager absolute authority. It gives an element for the employees to go when they feel they have been done wrong. Commissioner Tydus stated that she didn't know why Mr. Riley would address her with that issue because it could never be said by any administration that she has ever interfered with the day to day or the hiring or firing of any employee. But there is the issue of the Civil Service Board presenting its findings. Mr. Riley added that the Civil Service Board has appellate power as provided in Section 184 (4) of the same Charter. Commissioner Tydus said that the discussion went from the resolution to an isolated situation that needs to be discussed under the City Attorney's Report. These two matters should not be considered together. Vice Mayor Johnson expressed her concerns regarding some of the final orders dating back to 2009 because her directive given to the City Attorney was to look at the Charter and to get with the previous attorney to address such conflicts in the charter. However, at Regular Commission Meeting Minutes—04/27/2011 this particular time there is nothing the Commission can do about it. Secondly, in terms of this resolution, she said she needed to know what cases this is pertaining to because it is pluralistic meaning all final orders. She continued by saying that staff is not doing their homework because they received their agenda packet in advance and someone should have been able to say what cases this resolution pertained to and how much money it would cost. Manager Patterson said that he'd asked staff to put that information together because he had a feeling it would come up. This resolution doesn't just affect an isolated case from today, but it can go on indefinitely in the future causing a financial impact on the city and they don't know what that number will be. In terms of the outstanding final orders, he asked staff to put together the figure so that he can have it for the executive session. Attorney Geller said he could answer in terms of the case that was in court. Vice Mayor Johnson asked, is the resolution pertaining to more than one case? Attorney Geller replied, yes. Following lengthy discussion in terms of the final orders and the amount of money associated with this resolution, Commissioner Holmes suggested that the resolution be amended to specifically deal with Linda Bracy. Should the resolution pass, Vice Mayor Johnson stated to the City Manager, Human Resources and City Attorney that grants in the language state that if the grant is discontinued than the employment is discontinued and it doesn't state that the individual would automatically become an employee. The city cannot continue to absorb those grant employees. She requested that the City Attorney provide the language for the amendment to deal with one individual. Mayor Taylor asked, should the Commission decide to appeal, will the case go before the same judge? Attorney Geller replied, no. Mayor Taylor asked, how much time does the city have to appeal? Attorney Geller said that the city has 30 days from April 27, 2011 in which to file the appeal. The city would have ample time if the Commission wanted to hear about this issue in an executive session and he would follow whatever direction given. There are just some things he wants to be sure the Commission knows that he would prefer not to say in a public setting. Commissioner Tydus reiterated that she is in favor of the executive session simply because the Commission would be advised of information they are not receiving at that Regular Commission Meeting Minutes—04/27/2011 7 point which would assist in making a reasonable decision with regards this particular order before them. The order before them is setting a precedent that they have to take into consideration for those that will follow. The funds the City Manager is concerned about could be never ending. The city must make a priority in bringing the charter up to date because that's where the confusion is. Attorney Geller read the proposed amendment as follows: The City Commission of the City of Opa-locka, Florida, hereby directs the City Manager to follow and implement the final order of the Civil Service Board as to Linda Bracy. Mayor Taylor questioned the amendment due to the fact that the Commission had the judge ruling before them. Attorney Geller advised that the document before the Commission was not the final order but the lawsuit filed against the city by Linda Bracy. Mayor Taylor asked for clarification as to the amendment of the resolution and whether it would set precedent. Attorney Geller advised the Commission as to the lawsuit which would be a separate resolution. This resolution would implement the final order that dismissed the city's action to change the salary of the employee. Mayor Taylor suggested that the Commission vote on the resolution as is. There being no further discussion, the motion failed by a 4-1 vote. Commissioner Holmes Yes Vice Mayor Johnson No Commissioner Tydus No Commissioner Miller No Mayor Taylor No 16-2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO QUALIFIED CONSTRUCTION FIRMS FOR RUTLAND STREET DRAINAGE AND ROADWAY IMPROVEMENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTWE 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 to pass the above resolution. Vice Mayor Johnson asked Attorney Geller if he reviewed the proposal in the packet? Regular Commission Meeting Minutes—04/27/2011 8 Attorney Geller replied, no. Vice Mayor Johnson referred to Article V of the Opa-locka Charter under City Attorney which reads: "he shall prepare all ordinances, bonds, contracts and other instruments in writing". Because she had already had this conversation with the City Attorney, she said she would not have it again; however, the history of the city is that staff prepares those documents. She continued by saying that no longer will she allow staff to draft RFP's, RFQ's, etc. not according to what the charter states. In the future, Attorney Geller agreed to obtain a copy of any proposal and initial anything before it comes into the Commission package so that they are aware that it has been reviewed and approved by him for legal sufficiency. Vice Mayor Johnson added that she would like to see the initials and date on every page. Should the resolution pass, the RFP needs to have the City Attorney's approval prior to going out. There being no further discussion, the motion passed by a 4-0 vote. Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Out of room Mayor Taylor Yes 16-3. 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 QUALIFIED CONSTRUCTION FIRMS FOR THE IMPROVEMENT OF DRAINAGE AND STREET IMPROVEMENTS AT CAIRO LANE; 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 to pass the above resolution. Vice Mayor Johnson reiterated to the City Attorney that nothing is to go out without his review and initials/date on all pages. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Tydus Yes Regular Commission Meeting Minutes—04/27/2011 9 Commissioner Miller Yes Commissioner Holmes No Vice Mayor Johnson Yes Mayor Taylor Yes 16-4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION (OJJDP) FOR THE FY 2011 SECOND CHANCE ACT JUVENILE MENTORING INITIATIVE GRANT FOR AN AMOUNT UP TO SIX HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS ($625,000.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the above resolution. In meeting with the City of Opa-locka Parks & Recreation Director and the Youth Violence Prevention Coalition, Vice Mayor Johnson said there is a letter of support from the city's Park & Recreation Department for this same grant. She asked if this was the same grant as the mentoring initiative. Charmaine Parchment, grant writer for the City of Opa-locka came forward and stated that she had not spoken to anyone from the Youth Coalition regarding this particular grant. In the write up for the recommendation of the grant, Vice Mayor Johnson said it talks about the Parks & Recreation Department so the Director knows about it because he knew his commitment made with Youth Coalition and now she noticed that the grant writer is putting in for the same. Ms. Parchment discussed that the grant she spoke to Mr. Laidler about was the Community Based Initiative Grant which is a second grant that is due later in the month. This is a different grant which she did not speak to Youth Coalition about. Vice Mayor Johnson said this was the same grant that was discussed in the meeting with Youth Coalition and Mr. Laidler. Lorenzo Laidler, Jr., Parks & Recreation Director for the City of Opa-locka came forward and stated that per their conversation, this grant with OJJDP is different from the Youth Prevention Coalition grant which is a community based grant; therefore, it wouldn't interfere and there won't be a conflict of interest. Vice Mayor Johnson asked, is this the same grant? Regular Commission Meeting Minutes—04/27/2011 10 Mr. Laidler replied, no. There being no further discussion, the motion passed by a 3-1 vote. Commissioner Miller Yes Commissioner Holmes No Commissioner Tydus Yes Vice Mayor Johnson Out of room Mayor Taylor Yes 16-5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO RATIFY THE ACTION FROM THE CITY MANAGER TO PERFORM EMERGENCY REPAIRS TO MASTER STATION 11C IN THE AMOUNT OF TEN THOUSAND EIGHT DOLLARS ($10,008.00), PAYABLE FROM ACCOUNT NUMBER 35-533520; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EF}ECTIVE 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 to pass the above resolution. Previously Vice Mayor Johnson requested that the City Manager provide her with copies of the receipts and name of the vendor who performed the emergency repairs, however, she has yet to receive that information. Manager Patterson advised that this was still an emergency; the parts have to be ordered and the work hasn't been done. Vice Mayor Johnson referred to the document in the package which listed three quotes and the scope of work on each was different. She asked, if the quotes were submitted in March, how could this be an emergency? She continued by saying that it appears as if the work had been done. Manager Patterson pointed out to a page in the agenda packet. Vice Mayor Johnson suggested that he read the pages that followed which had different scope of services with none equaling $10,000.00. She asked, who is doing the work? Manager Patterson said a contractor would have to come in and do that work. Of concern to Vice Mayor Johnson was that to rectify something meant that it is the past and since the past has already happened the City Manager now wants to get permission Regular Commission Meeting Minutes—04/27/2011 11 from the Commission for the approval. She said that this could have not been an emergency because it was April 27, 2011 and the inquiries were submitted in March. She continued by saying that she was glad the work hasn't been done; however, the City Attorney and City Clerk must make sure the agenda items have the supporting documentation. Mayor Taylor explained that pump station 11C is the master pump station in the city and everything goes through 11C. She asked, is pump station 11C in an emergency situation and how much time does the city have? Fritz Armand, Public Works Director for the City of Opa-locka said that as long as the pump station was processing sewage, it is creating gas and as long as there's gas, there's an emergency whereby for the safety of the workers and neighboring residents. The city knew of the emergency and has been managing it by placing commercial fans to move the air around, but it has proven insufficient. In the meantime, they went ahead and started receiving quotes to remedy the problem. Vice Mayor Johnson stated to the Mayor that it seemed as though she knew a lot about this item and she thinks the same valued information must be shared with everyone. She continued by saying that the city has done repairs to pump station 11C in the past and she would like to know when the city would get it fixed. Mr. Armand explained that pump station 11C had not been upgraded; however, there have been repairs made to it. The pump station has been designed and the city is in receipt of monies from Miami-Dade County which should be coming before the Commission in the near future for approval. Although she appreciates the dialogue, Vice Mayor Johnson asked, where is the emergency if the problem is existing? Mr. Armand stated that it is an emergency because the pump station must be maintained where the city cannot really send people into the pump station to perform the necessary maintenance. In addition, if the maintenance isn't done then there's a possibility that the sewer will flow into the neighborhood. There being no further discussion, the motion passed by a 3-2 vote. Commissioner Holmes No Vice Mayor Johnson No Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor Yes Regular Commission Meeting Minutes—04/27/2011 12 16-6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENCOURAGE STAFF TO PARTICIPATE AND DONATE TO THE 2011 RELAY FOR LIFE OF NORTHWEST DADE SPONSORED BY THE AMERICAN CANCER SOCIETY, WITH THE OFFICE OF COMMUNITY SERVICES AS TEAM CAPTAIN SPEARHEADING THE DRIVE, AND TO EXPEND FUNDS THEREON, IN AN AMOUNT NOT TO EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), PAYABLE FROM ACCOUNT NO. 36-521493; 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 Taylor to pass the above resolution. Vice Mayor Johnson asked, does the city have a team for the Relay for Life? During the event on April 26, 2011 in which Relay for Life was in attendance, Vice Mayor Johnson asked, what was the representative's statement? Sha'mecca Lawson, Executive Secretary to the Mayor/Commission came forward and stated that the representative mentioned that the city did not have a team for the Relay for Life. Manager Patterson replied, yes, the city has a team. Vice Mayor Johnson stated that the representative also indicated that because the city didn't register early, the city's team would not have t-shirts. Commissioner Miller and Mayor Taylor asked, does the city have a team in Relay for Life? Ed Brown, Assistant City Manager, City of Opa-locka came forward and stated that the city does have a team in place. Although the ball was dropped early on in the process, he had Ms. Holmes in OCS to get involved and register the team. The city has collaborated with Friends for Life and North Dade Community School to form a three member team called Friends of North Dade. He said that some of what is being said is partially right in terms of the city's late involvement; however, there has been representation at the Relay for Life meetings. In an effort to avoid any gaps in the future, Mayor Taylor suggested that the city allow OCS to continue to work with the Relay for Life. There being no further discussion, the motion passed by a 3-2 vote. Regular Commission Meeting Minutes—04/27/2011 13 Vice Mayor Johnson No Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes No Mayor Taylor Yes 13. NEW ITEMS: 14. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 15. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 86-8, THE LAND DEVELOPMENT CODE, TO ENHANCE FENCING STANDARDS IN BOTH RESIDENTIAL AND INDUSTRIAL ZONING DISTRICTS, AND ADDRESS FENCE HEIGHTS, AND ALLOWANCES FOR DIFFERENT MATERIALS TO BE USED IN FENCE CONSTRUCTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Miller, (Mayor Taylor pass the gavel to Vice Mayor Johnson) seconded by Mayor Taylor to pass the above ordinance. Mayor Taylor made reference to the fourth whereas in the ordinance and directed the City Manager to make sure the colors are posted in Building & License, if this ordinance is adopted. The base colors should be separated from the trim colors. With regards to the recommendation from staff on the ordinance, Vice Mayor Johnson suggested that the ordinance is revised where it would not go to the city's zoning department or the department review committee, but to the Planning Council, Zoning Board and a representative from any of those departments. The review panel would consist of either the chairman from the Planning Council and/or a representative, the Chairman for the Zoning Board and/or representative and a member from a city department; but not going to them for approval. Regular Commission Meeting Minutes—04/27/2011 14 Attorney Geller explained that in drafting the ordinance he noticed the same problem and it didn't address Vice Mayor Johnson's point directly, but he didn't like the part where it said the city's zoning department or the development review committee, however, that was taken out. Nonetheless, what Vice Mayor is saying is different because she wants it to be specifically the citizen groups and he understands that. In making revisions, Vice Mayor Johnson suggested that the correspondence coming before the City Commission reflect the changes because it doesn't. In the previous legislation it was 6 feet and now it is 8 feet. She asked for an explanation in terms of the increase in fence height as reflected in the prior ordinance from 6 feet to 8 feet high. Howard Brown, Community Development Director for the City of Opa-locka came forward and stated in terms of fence heights that the proposed amendment was for residential properties for 6 feet and what Vice Mayor Johnson is speaking about is industrial which is correct. Vice Mayor Johnson stated that the ordinance has both residential and industrial and it is not defined separately. Manager Patterson deferred the above ordinance. Vice Mayor Johnson asked if this item was urgent? Gerald Lee, Community Development Department came forward and stated that this was not an emergency ordinance. He explained that there are a number of residents who would like to take advantage of what this legislation would give them. The city is trying to make it legal to do what the residents are asking for in terms of allowing the fence height to 6 feet. Mayor Taylor asked, what happens if this ordinance is pulled? Attorney Geller said that it could be placed back on the agenda at the next meeting for first reading. Mayor Taylor asked the City Manager if this item could wait? Manager Patterson replied, yes. Since the ordinance is pending, Mayor Taylor suggested that the city not bother the residents. The seconded and motion were withdrawn. The ordinance was deferred. Mayor Taylor suggested that planning staff get with Vice Mayor Johnson for her particulars on this ordinance. Regular Commission Meeting Minutes—04/27/2011 15 Vice Mayor Johnson returned the gavel to Mayor Taylor. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RESCINDING ORDINANCE NUMBER 10-11 WHICH AMENDED SECTION 2-316 OF THE CITY CODE TO INCREASE THE AMOUNT THE CITY MANAGER MAY SPEND WITHOUT THE CITY COMMISSION'S APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. The above ordinance was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the above ordinance. Commissioner Tydus stated that some years back she presented an ordinance to increase the amount to $5,000.00, but she doesn't know any municipality that is at $5,000.00, they are at $50,000.00 or above. She said that $5,000.00 really ties the City Manager's hands and slows progress of the day to day operations; therefore, she is not in favor of decreasing it, if anything the Commission needs to increase it. This small amount hinders the administration's ability to function on the level that it should. Vice Mayor Johnson discussed her reasoning for bringing the ordinance to decrease the amount because somehow it's being abused and it may not be directly by the City Manager, but there have been check requests avoiding the procurement process. She requested that the City Manager provide her with a list of all vendors and a copy of the check request. She said some of vendors are getting paid in amounts not exceeding $5,000.00, however, in adding the amounts up it is adding up to a large amount. Sometimes abuse of power has to be looked into. She continued by saying that when the Commission gets into the pay schedule, it is going to be a wide awakening. In addition, she went back and looked at the car allowances spent and some people have never left their office and have done nothing outside of the office. The city cannot continue the way it is going and at the end of the day, the buck stops with the Commission to manage the spending of the city. In moving forward, the Commission will be shocked and will not be able to do some of the things they need to do. Mayor Taylor stated that$5,000.00 was not a lot of money and the City Manager can't do much with it. She does believe in research and the city that he came from gave him $50,000.00 at his discretion and some things the man has to move without the Commission tying his hands. She said that $3,500.00 was not a lot of money and the Commission is going to hold him at $5,000.00 when the city gives away thousands of dollars to charitable organizations. The Commission will hold the City Manager hostage for $5,000.00 and to decrease him is not fair because he has to be allowed to move. The City Manager can't do much because he has to get permission to accept money and to go Regular Commission Meeting Minutes—04/27/2011 16 out for money. If the Commission takes a track of what they are doing to the City Manager, they are decreasing his power, his authority at almost every meeting. She continued by saying that $5,000.00 is not a lot of money and $3,500.00 is certainly an insult. She suggested that the Commission look at what the city is paying in overtime for employees who are working overtime that really are not working overtime. The City Manager's money is the least the Commission needs to worry about; overtime and car allowances are where the bleeding is. To decrease the City Manager back down to $3,500.00 is really tying his hands and the Commission can't mistreat him because he should be able to do some things at his discretion and $5,000.00 doesn't give him a lot of discretion. She said she would not support this ordinance. Vice Mayor Johnson thanked the Mayor for the eloquent way of setting the stage for this, but prior to her bringing legislation to increase the amount to $5,000.00 she didn't see anyone sponsoring anything and she would never support for the City Manager to spend $50,000.00. As a matter of fact, should one be brought forth then she would bring the community in because she thinks it's a disgrace. Secondly, she said she has never known of anything she voted on that tied the City Manager's hands. Although she is not in the City Manager's ear everyday, the City of Opa-locka is not a strong Mayor, strong Vice Mayor or strong commissioner city. She continued by saying that she would continue to voice her concerns on items dealing with taxpayers dollars. She further stated that the Commission is losing track and there are individuals in the city that have exceeded the maximum per the pay scale, but they will take care of all of this together. She deferred the ordinance and said she would take it back to the people. The seconded and motion were withdrawn. B. SECOND READING/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $8,000,000 CAPITAL IMPROVEMENT REVENUE AND REVENUE REFUNDING BONDS, SERIES 2011, IN ONE OR MORE SERIES, PURSUANT TO ORDINANCE NO. 94-7, FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE CITY'S CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1994 AND PAYING COSTS OF CERTAIN CAPITAL IMPROVEMENTS OF THE CITY; PROVIDING THAT DETAILS, TERMS AND OTHER MATTERS RELATING TO SERIES 2011 BONDS BE DETERMINED IN SUBSEQUENT RESOLUTIONS; AUTHORIZING CITY MANAGER TO ACT AS REGISTRAR AND PAYING AGENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 23, 2011). Sponsored by C.M. Regular Commission Meeting Minutes—04/27/2011 17 NOTE: The above ordinance is in conjunction with Agenda Item 15C1. The above ordinance was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Tydus, seconded by Vice Mayor Johnson to pass the above resolution. Vice Mayor Johnson asked if the City Attorney had read this item in accordance with Article III of the city charter? Attorney Geller replied, yes. Vice Mayor Johnson said she previously asked staff for a revision to bring back all of the capital improvement projects related to this bond and she would have wanted to see that information. Should this ordinance pass, she directed the City Manager to provide the Commission with a copy of the capital improvement projects by 5:00 p.m. on April 28, 2011. 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 No Mayor Taylor Yes C. RESOLUTION/PUBLIC HEARING: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE ISSUANCE AND SALE TO LENDER OF NOT TO EXCEED $5,393,000 CITY OF OPA-LOCKA, FLORIDA CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2011A, FOR THE PURPOSE OF, TOGETHER WITH OTHER AVAILABLE MONEYS, REFUNDING THE CITY'S CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1994 AND PAYING COSTS OF ISSUANCE OF THE SERIES 2011A BONDS, AND NOT TO EXCEED $2,320,000 CITY OF OPA-LOCKA, FLORIDA CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2011B, FOR THE PURPOSE OF PAYING COSTS OF THE SERIES 2011 PROJECTS AND PAYING COST OF ISSUANCE OF THE SERIES 2011B BONDS; MAKING FINDINGS AND DETERMINATIONS AS THE SERIES 2011 BONDS; ACCEPTING THE PROPOSAL OF LENDER AND AUTHORIZING THE NEGOTIATED SALES OF THE SERIES 2011 BONDS TO THE LENDER; AUTHORIZING THE CITY MANAGER TO FINALIZE THE TERMS OF A LOAN AND AWARD THE SALE OF THE SERIES 2011 BONDS; AUTHORIZING Regular Commission Meeting Minutes—04/27/2011 18 THE EXPENDITURE OF THE PROCEEDS OF THE 2011 BONDS AND PROVIDING FOR THE REFUNDING OF THE CITY'S CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1994; APPROVING THE FORM OF A LOAN AGREEMENT IN CONNECTION WITH THE SALE OF SUCH SERIES 2011 BONDS AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH LOAN AGREEMENT AND THE SERIES 2011 BONDS; APPROVING THE FORM OF AN ESCROW DEPOSIT AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE APPOINTMENT OF A REGISTRAR, A PAYING AGENT, AND AN ESCROW AGENT; AUTHORIZING OTHER REQUIRED ACTIONS IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The above resolution was read by title by Attorney Geller. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Tydus, seconded by Vice Mayor Johnson to pass the above resolution. Attorney Geller pointed out a typographical error on the agenda; the word insurance should read "issuance". Vice Mayor Johnson requested an amendment to the resolution where it reads "authorizing the City Manager to finalize the terms of a loan" to include the City Attorney pursuant to the charter. Attorney Geller provided the wording for the amendment as follows: "authorizing the City Manager in conjunction with the City Attorney". Vice Mayor Johnson asked, why is this item a resolution as oppose to an ordinance? Attorney Geller explained that the Commission adopted the ordinance that permits it so there is an ordinance as well. Without the ordinance, the Commission could not adopt this resolution. F.S. 166 states that these types of borrowings are done by resolution if there is an enabling ordinance to permit it. Due to the nature of this item, Vice Mayor Johnson preferred to have this as an ordinance to allow for a public hearing because she didn't know that the city could hold a public hearing under a resolution. Pedro Miranda, Bond Counsel of 201 S. Biscayne Boulevard, Miami, Florida came forward and said that the reason this is a resolution is after the Commission has done the ordinance in two readings, the resolution sets the details of the financing. To bring details back in two readings, a bank that gave a quote would not hold it for that time period required. This is why the legislator allows for a resolution after the ordinance is adopted. Regular Commission Meeting Minutes—04/27/2011 19 Vice Mayor Johnson stated that the fixed rate is going through July 1, 2011 so if this item was brought back as an ordinance it would have allowed for the public input prior to. Mr. Miranda discussed that the point is that when different banks provide their proposals as to what the financing would be, they won't hold that rate for a month because interest rates fluctuate. Vice Mayor Johnson asked, which bank was recommended? Mr. Miranda said that the bank in the resolution which he believes was chosen is Branch Banking &Trust Company (BB&T). There being no further discussion, the motion passed by a 4-1 vote. Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes No Mayor Taylor Yes Mayor Taylor asked about the additional language being inserted as requested by Vice Mayor Johnson. Attorney Geller said that his opinion is required in order to close on this issue; however, if Vice Mayor Johnson wants to include that language as an amendment to the resolution then it would be a formal amendment. Vice Mayor Johnson made a motion for an amendment to the resolution. Mayor Taylor suggested that the motion and seconded be withdrawn because she wanted to do the entire resolution. Vice Mayor Johnson stated that according to the charter the City Attorney would have to review this anyway, but she is asking that it be inserted into the verbiage of the resolution. Attorney Geller said there was nothing wrong with what Vice Mayor Johnson wanted, however, as the Mayor stated the seconded must be withdrawn so that the Commission can vote on the amendment. It was moved by Commissioner Tydus, seconded by Vice Mayor Johnson to amend the resolution to include: "authorizing the City Manager in conjunction with the City Attorney". There being no discussion, the amendment passed by a 4-0 vote. Regular Commission Meeting Minutes—04/27/2011 20 Commissioner Tydus Yes Commissioner Miller Yes Vice Mayor Johnson Yes Commissioner Holmes Out of room Mayor Taylor Yes It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to pass the resolution as amended. There being no further discussion, the resolution as amended passed by a 4-0 vote. Commissioner Miller Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Holmes Out of room Mayor Taylor Yes 16. ADMINISTRATION: CONSENT AGENDA: A. CITY MANAGER'S REPORT: Manager Patterson reported that it had been customary to do budget amendments in the month of March and in a memorandum from Vice Mayor Johnson it was eluded that the budget amendments were due by March 30. Vice Mayor Johnson recalled that in the many years she's been with the city, she has never seen it done on time; therefore, she was not sure but she knew the city had not done it by March 30. She requested that the budget amendments are included for the first meeting in May. Manager Patterson said that the budget amendments were not yet provided because he was trying to get at least six months of projections from the state on revenue to provide a better picture than dealing with only through the month of January. He said he could provide the budget amendments for the first meeting in June at which time he would have all of the information in to give at least six months worth of information as oppose to four months. Vice Mayor Johnson disagreed with the City Manager in terms of the timeline to provide the budget amendments because the city would be going into the new budget process. She directed the City Manager to provide the budget amendments by the next meeting. Manager Patterson requested additional time to be able to provide a better picture in terms of projections for the remaining of the year. Regular Commission Meeting Minutes—04/27/2011 21 Vice Mayor Johnson said she didn't want to go into June or July to receive the budget amendments. Manager Patterson informed the Commission that they should have a response to their concerns in the packet provided as well as the report on the City Manager's accomplishments. Commissioner Miller directed the City Manager to get an outside agency to investigate the Opa-locka Police Department as soon as possible. Commissioner Holmes informed Commissioner Miller that a direct order as such should be done in the form of a resolution, however. It was moved by Commissioner Miller, seconded by Commissioner Holmes to direct the City Manager to bring in an outside agency to investigate the Opa-locka Police Department as soon as possible in an amount not to exceed$25,000.00. Vice Mayor Johnson asked, what would this agency be investigating? Commissioner Miller replied, everything. She said this is a serious matter and whatever is going on at the Opa-locka Police Department must stop now before the city collapse. She directed the City Manager to advise her of the agency and when they would start the investigation by 5:00 p.m. on April 28, 2011. 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 Commissioner Miller left the meeting at 9:45 p.m. Vice Mayor Johnson stated that she sponsored a resolution to suspend the car allowances which was passed by the Commission; however, the City Manager is not adhering to it. In her research, she concluded that $94,428.00 is being spent on car allowances yearly. She asked what would it take to get the City Manager's attention because obviously her being an elected official on the Commission is not working. Manager Patterson asked if he could get with the Vice Mayor on the following day to discuss this matter. Vice Mayor Johnson agreed because she didn't want it to continue as is. Regular Commission Meeting Minutes—04/27/2011 22 She continued to ask about an agreement with the City of Hialeah for gasoline? She said she seen a city vehicle at the Hialeah gas station within a month and she would like to know what are they getting. She asked the Finance Director if any recent checks had been paid to the City of Hialeah for gas? Dr. Orji did not recall any recent checks to Hialeah for gasoline. Vice Mayor Johnson expressed her concerns relating to employees saying they are working in a.hostile working environment and she would like the City Manager to address the issue; inquiries on costs that are not budgeted to modify someone's office for confidentiality; and paying salaries to employees who have been out for several years. She concluded that somewhere along the line the city is not adhering and has lost control. Although she doesn't like micromanagement, she does believe employees should be held accountable. She requested to meet with the City Manager to review the pay schedule because she is really concerned with some of the salaries. She requested to have the Welcome Kit completed by the next meeting. She further stated that through the Human Resources Department, the city should cross train employees because there should be no one person that knows how to do something that nobody else knows how to do. Vice Mayor Johnson made reference to previous legislation adopted for a freeze on non- essential hiring, however, the city is continuing to hire people bringing individuals as temps and now they are career employees. Guithele Ruiz-Nicholas, Human Resources Director for the City of Opa-locka came forward and stated that the Human Resources Department was budgeted for four positions. There was a HR I / Safety Coordinator when the budget was acquired because they had acquired the functions of risk management, there was an HR generalist II who terminated her employment with the city in December, the Human Resource Director and an administrative assistant as budgeted in FY 2010/2011 budget. As the budget was passed, those are the only positions in her department and there are similar cases in other departments. Since the budget was passed, Vice Mayor Johnson said that legislation was adopted for the city not to do any hiring unless it was essential (i.e. public safety) and not because it was budgeted for. If there was any hiring, then the City Manager was to come back to the Commission. She directed the City Clerk to provide a copy of the legislation. She requested that the City Manager provide a list of all individuals hired from that point on. Regular Commission Meeting Minutes—04/27/2011 23 Commissioner Holmes said that it was brought to his attention that there are employees under department directors who are totally disrespectful to the department director and are allowed to leave their job to come back when they want to. He directed the City Manager to look into this matter and take action, if necessary. He directed the City Attorney to draft an ordinance to terminate the employment of any employee who sues the City of Opa-locka. There are many employees who have sued this city and collected money and are still collecting a paycheck. He advised the City Attorney that he was not in agreement with what he was doing especially when the court ruled a different way. The charter states that any case the City Attorney takes to court, the Commission must pass a resolution to authorize it and the City Attorney didn't do that in the Bracy case. He further spoke about the incident in which a GOP official posted pictures of the President as a monkey. This type of behavior should not be allowed. Mayor Taylor asked for a response on her previous request relating to the 5058 agreement. Attorney Geller advised that he was still working on that issue because there is new law relating to it. Mayor Taylor directed the City Manager to provide a report on the doings and the benefits of Weed & Seed, CET and the Front Porch in conjunction with the City of Opa- locka. She requested that the City Manager set up a system whereby businesses and residents can pay their city debts online. She continued by saying that she would like to see a homebound program where the reserved police officers can visit those residents that cannot get out. This could possibly be created through the police department. She further asked if the Summer Youth Program was underway. Manager Patterson reported that the Summer Youth Program job fair will start on May 24, 2011 from 10:00 a.m. —3:00 p.m. on the 2nd Floor at Town Center. Mayor Taylor directed the City Manager to make sure the Summer Youth Program information is posted on Opa-TV. She directed that the City Manager perhaps through Code Enforcement reach out to businesses to find out about employment opportunities available. She further asked, is overtime under control? Regular Commission Meeting Minutes—04/27/2011 24 Manager Patterson said the overtime is coming down considerably, but it is still not where it needs to be. B. ACCOUNTS PAYABLE: Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that included in the packet under tabs 3, 4 and 6 were the respective finance reports. The overtime report was not included this time, however, he will include it on the next report. He noted that the reserve of$565,000.00 is maintained as budgeted for the current fiscal year. He mentioned that the bond ordinance adopted was a wise decision for the city to raise money for the capital projects. Vice Mayor Johnson stated that she submitted a request for a copy of vendors and check requests for October 1, 2010 through current. She asked, when would she receive that information? In addition, she asked that her colleagues are also provided with the same information. Dr. Orji said that the information was requested by May 4, 2011 and he is working diligently to meet the request. 17. OFFICIAL BOARD REPORTS: 18. CITY ATTORNEY'S REPORT: Attorney Geller informed the Commission that he distributed a written report. As mentioned earlier, he requested executive sessions on the Bracy matter and the Alonzo Williams case (a worker compensation case). Vice Mayor Johnson informed the City Attorney that she was serious in terms of the review of Article V of the Charter. She directed the City Manager to contact the City of Miami Gardens clerk for a copy of their littering ordinance because she has noticed littering in Opa-locka. She went on to say that she had not received a follow-up for CSX and she does recall the Commission adopting a resolution to receive $50,000.00 to clean along the railroad track. She directed the City Attorney to bring legislation back that the City Manager has 30 days to start executing because this has been over a year ago and it should not take this long to get it done. She directed the City Attorney to provide a report on the airport noise. Regular Commission Meeting Minutes—04/27/2011 25 Attorney Geller stated that he did contact the director of Miami-Dade Aviation personally and a representative was assigned to work with the city which is available anytime, but he has never received a report on the times in terms of the airport noise. The city must have the information to report back to the county. At that meeting, Vice Mayor Johnson said that the City Manager directed the police department to take reports on the noise. She directed the City Manager to make sure the noise is being reported so that this matter can be addressed. She requested that the City Attorney provide his bi-weekly report prior to the day of the commission meeting to allow time for review. With regards to CSX, Mayor Taylor requested to be provided with the information and the status. She continued by asking if the City Attorney had a date in mind for the executive sessions? Attorney Geller advised the Commission that he would get with the City Clerk on the date for the executive sessions. 19. CITY CLERK'S REPORT: Clerk Irby advised the Commission that the Office of the City Clerk would be in training on May 2 -3, 2011, however, they would still be available to the Commission. 20. MAYOR/COMMISSION REPORT: Commissioner Tydus reported that she read to the students of Robert B. Ingram Elementary at the Opa-locka Library. She invited everyone to the National Day of Prayer Observance and the 1st Anniversary of the Community Butterfly Garden/Tree Planting Ceremony on Thursday, May 5, 2011 at 12:00 p.m. Vice Mayor Johnson reported her participation at several career day presentations. She said she is concerned and wants to make sure the city reinforces the out of school suspension program to make sure all schools are utilizing it because the young man who drowned was suspended from Hialeah-Miami Lakes Senior High School. She continued by saying that she is working with CAA and if there's anything going on and staff is working on it then that information should be shared with others so that they don't put in the same energy. In working with the CAA, she would be meeting with the seniors on Friday, April 29, 2011 in terms of homestead exemption opportunities to get their house beautified. In addition, she asked CAA to look at one of the homes she's been trying to get fixed in the community for one of the citizens. Regular Commission Meeting Minutes—04/27/2011 26 She further stated that she met with South Florida for Better Living for the tree planting program. She thanked Commissioner Tydus for taking the lead in the tree planting kickoff at the Community Butterfly Garden on May 5, 2011. The next tree planting event would be held on July 16, 2011, however, she directed the City Manager to have staff start promoting this event now. Lastly, she said she spoke with the Mayor and also followed up with Miami-Dade County League of Cities and she doesn't know who called and removed her as a member representing the City of Opa-locka. She said she didn't appreciate whoever did this. Vice Mayor Johnson reported that she was nominated by the Governor to serve on a couple of boards. The paperwork was submitted and she would keep the Commission updated should she get appointed. Mayor Taylor reported that she too had an opportunity to read to the children in the library. She continued by saying that she was a part of War on Poverty which Vice Mayor Johnson was instrumental in making this their home. War on Poverty is a program addressing a different area of need in the community and this particular workshop addressed obesity in youth. She thanked the Office of Community Services for answering the calls from the residents, the Public Works Department for addressing the leaks, and Nelson Rodriguez of IT for the improvement of OPA-TV and for being instrumental in automating the City Clerk's Department. Mayor Taylor stated that the young man who drowned was on suspension and she was trying to talk to the Mayor of Hialeah because the police department is not even 20 feet away. She encouraged everyone to watch their children to keep them away from trouble. Manager Patterson informed the Commission that he is in receipt of permits for pump stations 1 & 2 and he may have to call a special meeting to accept the recommendation once he meets with the builders. Mayor Taylor explained that pump stations 1 & 2 are needed for the revitalization of Magnolia North. 21. OFFICIAL BOARD APPOINTMENTS: Mayor Taylor expressed the urgency of the Zoning Board of Appeals which has to do with the revitalization of Magnolia North. Regular Commission Meeting Minutes—04/27/2011 27 It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to appoint Sabrina Aikens (Holmes), Evelyn Evans (Tydus), George Ellis (Taylor, Johnson), Lloyd Harrison, alternate (Taylor), and Sadie Jones (Taylor) to the Zoning Board of Appeals. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Miller Not present Commissioner Holmes Yes Commissioner Tydus Yes Vice Mayor Johnson Yes Mayor Taylor Yes 22. ADJOURNMENT: There being no further business to come before the City Commission, it was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to adjourn the meeting at 10:35 p.m. MAY ATTEST: ITY ERK Regular Commission Meeting Minutes—04/27/2011 28