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05- May 25, 2011 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING May 25,2011 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 7:03 p.m. on Wednesday, May 25, 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 Gail E. Miller, Commissioner Timothy Holmes 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 was not present due to illness. 3. INVOCATION: The Invocation was delivered by Minister Gregory Harris. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. Mayor Taylor called for chairman's privilege to go slightly off of the agenda. She proceeded to express her frustration with someone putting out that the Mayor was laying off 20 people to balance the 1.3 Million Dollar shortfall in the budget. She clarified that those recommendations were made by staff and not the Mayor. Note: This portion of the minutes is transcribed in verbatim form. Mayor Taylor: "I am immediately rejecting that option. There will be no lay offs in the great City of Opa-locka; none whatsoever. We usually start at the bottom which we consider the bottom which is Public Works, never at the top. Mr. Manager, lay off eliminate, suspended and any word that is thesaurus connected to that, I want taken out of your vocabulary all together, period. That would never be under this watch. No layoffs!And it seems like that was the first thing if you all got it, my commissioners, if you saw staff recommendation, the first thing was to eliminate 20 positions. We're not going to do that. We will not do that. Lay offs is no longer a part of the City of Opa-locka vocabulary". Note: This concludes the verbatim portion of these minutes. Regular Commission Meeting Minutes—05/25/2011 1 Mayor Taylor continued by saying that this budget shortfall was not created by new employees as the thinking of many. The city replaced four people (Finnie, Manning, Leonard and Fritz) with four people (Patterson, Ed Brown, David Chiverton and Fritz). Therefore, this had nothing to do with the shortfall of this budget which is now at 1.3 Million Dollars. The budget shortfall is an overzealous projection of the fines, forfeitures and red lights; a projection of 1.6 Million Dollars that's 700% over last year's revenue. The city only received $75,000.00 and the difference between 1.6 Million and $75,000.00 is roughly the 1.3 Million Dollars. This budget shortfall will not eliminate any jobs in the City of Opa-locka; no one will be fired, laid off, or suspended for a short period of time. She stated to the City Manager and his staff that she is rejecting that. She provided recommendations which included the recall of all departmental cell phones, to rescind vehicle take home policy, freeze deferred compensation, evaluate each employee's compensation package as it relates to the pay plan approved by this commission on May 4, 2010 (if an employee's maximum is $50,000.00 and that individual is making $75,000.00, this is outside of the pay plan approved in 2010), and implement a city wide management salary reduction plan ($70,000.00 - $80,000.00 = 2.5% reduction; $80,000.00 - $90,000.00 = 3.5% reduction; $90,000.00 - $125,000.00 = 5% reduction). She directed the City Manager to have staff analyze the fiscal impact of her recommendations. The city will get the 1.3 Million Dollars, but it will not be on the backs of employees because it always starts with Public Works. She went on to say that there's a first reading ordinance to accept the budget amendment which will say that the Commission is voting for the 1.3 Million, however, she doesn't want to do that. She requested that the City Manager defer the ordinance to allow the Commission to come back the following week at a workshop to hash this out. She further said that she doesn't want services cut that are going to impact those services to the residents. After hearing those recommendations from Mayor Taylor, Vice Mayor Johnson said she hoped that this could be done in a workshop because she was not prepared and she too has recommendations. She said she couldn't support that the city would not lay off employees; however, it will not go from the bottom up, but from the top down. In hearing the mention of replacement of positions, she said she doesn't see those positions or salaries in the check registers. She asked the City Manager if those salaries are being paid out of the enterprise fund. Mayor Taylor stated that the word on the street is that the shortfall of the budget was due to new people coming on and she made the position that four left and four came in. Manager Patterson explained that a portion of the Public Works Director's salary is paid out of the enterprise fund and a portion out of the general fund; the Assistant City Manager primarily function is the CRA and the CRA is not generating any TIFF funds at this moment, but in order for the CRA to function the city must have the Finding of Necessity. Once the TIFF monies are coming in, the Assistant City Manager Ed Brown would be paid from that TIFF money; and Mr. Chiverton is the only position that is not paid from Enterprise Fund, however, he is looking at making changes in the DJJ and CET programs to put those programs under a civilian as oppose to a police major. Regular Commission Meeting Minutes—05/25/2011 2 Vice Mayor Johnson said she didn't recall any TIFF monies being projected. Secondly, the Enterprise Fund had never been reported with a balance with the outcome going out; therefore, in moving forward she hoped to have reporting on the Enterprise Fund. Additionally, dual titles come with compensation and the City Manager mentioned the CRA Director/Assistant City Manager. She asked, how many assistant city managers does the city have? Manager Patterson stated that there are two assistant city managers and for the budget being recommended there would only be one. Vice Mayor Johnson expressed her dissatisfaction with the city's financial reporting and the direction the city is going as it relates to finances. She suggested that a workshop is held for discussion purposes. She went on to say that there are employees who have been with the city for six years and have already maxed out the salary and employees who are making more than the City Manager. She said she has told the City Manager over and over about the car allowances, therefore, she cannot support any lay offs at this time. Mayor Taylor stated that she didn't know why the Parks & Recreation vans are being driven before school closes and she would like those to be parked. She said she wanted to know about the gasoline and car allowances and suggested that the City Manager include that as well. The city will plug the 1.3 Million Dollar hole, but it would not be on the backs of the employees who provide service for the citizens. She suggested that the Commission keep in mind that a CRA workshop is needed prior to June 8, 2011. She asked that the Commission set a date for the budget workshop at some point during the meeting. Upon hearing the recommendations from the dais, Commissioner Holmes advised that those recommendations must be done in the form of a resolution in order to provide the City Manager direction, otherwise the City Manager doesn't have to obey the direction given. At this time, the city doesn't have a strong mayor form of government for the Mayor to direct the City Manager herself; it takes the majority of the Commission to pass it in the form of a resolution. He said he is in favor of some of the recommendations mentioned and he doesn't want the city to lay off 20 employees from Public Works or anybody else; however, he is there to cut down from the top starting with those individuals hired earlier that year. Mayor Taylor directed the City Manager to also include the overtime which is a mess. She continued by asking whether she needed a resolution to give the City Manager a directive? She said she shouldn't need a resolution to direct the City Manager to do the right thing because that should already be. Commissioner Holmes said he only mentioned the resolution so that Mayor Taylor can make sure the recommendations by the Commission are executed by City Manager. Regular Commission Meeting Minutes—05/25/2011 3 Attorney Geller said that if the Mayor is saying that they are going to have a workshop, he doesn't disagree with what has been said but what takes a vote of the Commission is when they direct the action. Certainly, when the Commission makes the cuts or whatever it is that they are going to actually make, that has to be voted on and it has to be done by ordinance. But any member of the Commission can tell staff to look at the fiscal impact based on the recommendations and bring it back. Vice Mayor Johnson proposed a motion for all car allowances other than those pursuant to contract with the City Manager and City Clerk to cease and any car allowances paid since February 1, 2011 are to be repaid to the General Fund. It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to amend the agenda to include the above motion to be put into the form of a resolution by the City Attorney. Mayor Taylor additionally requested that staff also provide the fiscal impact on health care because the city is suppose to pay for the employee only and not the family as it is being done. Commissioner Holmes stated that the city spent over $600,000.00 from January 2010 — January 2011 in overtime. Mayor Taylor requested that the City Manager defer the budget amendments to allow for a workshop. 5. APPROVAL OF AGENDA: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Manager Patterson deferred agenda items 18A1 and 18A2 (first reading ordinances). Commissioner Holmes pulled agenda item 19-3 and Commissioner Miller pulled agenda item 19-5 off the consent agenda (these items to be discussed separately under agenda item 15 —Action Items). It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 4-0 vote. Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Not present Mayor Taylor Yes Request to amend the agenda to include the following resolutions under item 16 — New Items: Regular Commission Meeting Minutes—05/25/2011 4 16-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE APPROVAL AND RATIFICATION OF THE FINAL CONTRACT BETWEEN THE CITY OF OPA-LOCKA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. It was moved by Commissioner Miller, seconded by Commissioner Holmes to amend the agenda to include the above resolution as item 16-1. There being no discussion, the motion passed by a 4-0 vote. Commissioner Tydus Not present Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes 16-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT WITH C&I CONSTRUCTION AND DESIGN, INC., IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY TWO THOUSAND ONE HUNDRED FORTY-THREE DOLLARS AND EIGHT CENTS ($652,143.08), FOR THE REHABILITATION OF PUMP STATIONS 1 AND 2, PAYABLE FROM ACCOUNT NUMBER 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Manager Patterson advised that this resolution goes along with the development in the Magnolia North area for the rehabilitation of pump stations 1 and 2. The city could lose the money from Miami-Dade County if action is not taken by the end of June 2011. Mayor Taylor passed the gavel to Vice Mayor Johnson. It was moved by Mayor Taylor, seconded by Commissioner Holmes to amend the agenda to include the above resolution as item 16-2. There being no discussion, the motion to amend failed by a 3-1 vote. Commissioner Holmes Yes Commissioner Tydus Not present Commissioner Miller Yes Mayor Taylor Yes Vice Mayor Johnson No Vice Mayor Johnson returned the gavel to Mayor Taylor. 16-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE AN ADDENDUM TO THE AGREEMENT WITH Regular Commission Meeting Minutes—05/25/2011 5 LAWRENCE WRIGHT & PARTNERS, LLC., FOR ADDITIONAL CONSULTING SERVICES RELATED TO SHERBONDY PARK CONSTRUCTION IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. It was moved by Commissioner Holmes, seconded by Commissioner Miller to amend the agenda to include item 16-3. There being no discussion, the motion to amend failed by a 3-1 vote. Vice Mayor Johnson Yes Commissioner Miller Yes Commissioner Holmes Yes Commissioner Tydus Not present Mayor Taylor No 16-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONDUCT A SEARCH COMMITTEE FOR A NEW CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to amend the agenda to include the above resolution as item 16-4. There being no discussion, the motion passed by a 4-0 vote. Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Not present Mayor Taylor Yes 16-5: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING TO SOUTH FLORIDA WORKFORCE RFP #01-ISY/OSY-2011-12 FOR YEAR ROUND YOUTH SERVICES AS A PART OF THE CITY OF OPA-LOCKA CRIME PREVENTION PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012. Sponsored by T.FL It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to amend the agenda to include the above resolution as item 16-5. There being no discussion, the motion passed by a 4-0 vote. Commissioner Miller Yes Regular Commission Meeting Minutes—05/25/2011 6 Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Not present Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Commissioner Holmes along with the Mayor/City Commission recognized the Miami Herald Silver Knights recipients Jasmine Lightbourn and Stephanie Jennings. 8. APPROVAL OF MINUTES: Special Commission Meeting—05/09/2011 Regular Commission Meeting—05/11/2011 It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to approve the minutes of the Special Commission Meeting of May 09, 2011 and the Regular Commission Meeting of May 11, 2011. There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Miller Yes Commissioner Tydus Not present Mayor Taylor Yes 9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: State Representative Barbara Watson came forward and provided an overview of the recent session in Tallahassee which included bills concerning immigration, property insurance, and elections/voting. She went on to speak about the issues relating to unemployment compensation and temporary assistance for needy families through the Department of Children & Families. She provided contact information for her office. 12. DISTRICT ONE - COUNTY COMMISSIONER REPORT: Larry Gardner of Commissioner Barbara Jordan's Office (District 1) came forward and announced the Foreclosure Prevention Clinic on Saturday, June 4, 2011 @ 9:00 a.m. at Florida Memorial University. Vice Mayor Johnson thanked Commissioner Jordan for the job creation pre-taping as well as the two houses in Opa-locka beautified as a part of CAA. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Regular Commission Meeting Minutes—05/25/2011 7 Chief Wilbur Harvin of Miami-Dade County Fire Rescue came forward to address any concerns. Attorney Geller advised the Commission that the settlement for the workman's compensation matter is still on the Consent Agenda so it will go through. The city's attorney for the workman's compensation Mr. Reidhammer is in attendance in case there are any questions. 14. PUBLIC PRESENTATION: 1. Lt. Al Perez and Detective Steven Hadley of the Miami-Dade Schools Police Department appeared before the City Commission for an update on gang abatement grant which allows for the identification and arrests of gang members. 2. Alvin Burke of 2829 NW 132 Street, Apt. 318, Opa-locka, Florida, came forward and expressed his concerns relating to the staff recommendations for lay offs and the hiring of high salaried employees earlier that year. He suggested that the city get rid of those employees hired in January and when times get better then perhaps the city could hire an assistant city manager. The city was doing fine without those positions under the previous Mayor. 3. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City Commission and spoke about the two notices he sent to them on behalf of the Civil Service Board for a workshop reference the pay plan. It is imperative the pay plan is discussed in a workshop environment and in order to have it correct, they must know what the city is paying including benefits. He made reference to the high salaries of Opa- locka employees compared to the City of Hialeah with is a much larger city. For two years, he said he has requested an audit of city employees for justification purposes. In addition to that, the city needs to have a standard of operation for each department. Commissioner Holmes suggested that the Commission include the Civil Service Board in the workshop to be scheduled for the budget amendments. Mayor Taylor asked if there is a new pay plan? Mr. Riley replied, yes. Mayor Taylor asked, why is the Civil Service Board bringing on a new pay plan different from the one the city is operating on now? Mr. Riley explained that there are positions not on the pay plan and the pay plan is what authorizes payroll. Vice Mayor Johnson stated that she had lengthy conversations with Mr. Riley relating to the matter mentioned and hopefully one of the consent items would help move forward and set the foundation in terms of where the city needs to go. She indicated that she was looking more into Policies & Procedures as the standard operating procedures for all departments and hopefully that would be incorporated in the findings of the review. Regular Commission Meeting Minutes—05/25/2011 8 Mayor Taylor asked the Commission if they had a copy of the April 2010 pay plan because after reviewing it, there are positions she didn't understand where they were and whether people were attached to it or not. She directed the City Clerk to provide the Commission with a copy of the April 4, 2010 pay plan. 14a. CITIZENS' FORUM: 1. Terence Pinder appeared before the City Commission to express his concerns relating to the state of the city's finances, more specifically, the red light camera system, paying family benefits to certain employees, car allowances and retroactive increases to certain employees. He recommended the following remedies: create a fast track CRA, cut benefits and salaries at the top, bring in another independent auditing firm, request evaluations on Department Heads over the last two years, start paying Public Works and Water & Sewer Department employees out of that money and stop going into the general fund where the police salaries are, get a professional HR Director, straighten the time out for employees and audit employees time to give them what they deserve so they can continue to service the community by providing the taxpayers with the services they deserve. Vice Mayor Johnson stated that Mr. Pinder's recommendations are not going on deaf ears but there is no accountability and she is very disappointed with the Finance Department and the Human Resources Department. Her recommendation was that the city look at the top paid employees and reduce salaries. She spoke about the amount paid out on car allowances and employees travelling on first class and staying in 5 star hotels when attending training. Mayor Taylor stated that these issues already existed before she became Mayor and these salaries did not start with this administration, but it will get fixed and the city will come in line with what they have to do. 2. David Norris of 260 Perviz Avenue, Apt. 18, Opa-locka, Florida came forward and thanked the Commission for dealing with the trash truck situation. Additionally, he apologized for the way he conducted himself at the last meeting. 3. Eldridge Redmon of 2766 NW 131 Street, Opa-locka, Florida, appeared before the City Commission and said that he was disheartened with regards to the removal of the debris from Villa Francine because he was told by several members and employees of the city that the City of Opa-locka would not pay for the removal of that debris. However, after submitting a public records request to find out why it was taking so long to remove the debris, he discovered that he was lied to because checks totaling $14,960.00 were paid to Choice Environmental Service for the removal of the debris. It is outrageous that people who don't sit on the Commission or are employed with the City of Opa-locka are calling shots in Opa-locka. When this matter was brought to her attention, Vice Mayor Johnson said she too requested public records and she doesn't recall the amount being mentioned ever coming Regular Commission Meeting Minutes—05/25/2011 9 before the Commission for approval. She asked for an explanation as to how this happened when it was also stated in a public setting. She asked Mr. Redmon who did the residents of Villa Francine observe picking up the trash? Mr. Redmon said that the debris was taken out in the Core of Engineers truck. Manager Patterson explained that the Core of Engineers demolished the structure at no cost to the city and some of the material was hauled out by them, but then they had to leave and Choice was brought in to take out the additional debris. Because the City Manager's spending authority is $5,000.00, Vice Mayor Johnson asked, when was it approved by the Commission to pay that amount? Manager Patterson said that the amount was to pay for the disposal at Miami-Dade County facility. Vice Mayor Johnson asked, when was that amount approved by this Commission since it exceeded the City Manager's $5,000.00 spending authority? Manager Patterson stated that the Commission was well aware of the fact that the Core of Engineers was doing the work and the residents were complaining because the debris was not moved. The city instructed Choice Environmental to place containers at the site and haul the debris away. Vice Mayor Johnson expressed her disappointment with this issue and the fact that her question to the City Manager in terms of the approval was still not answered. Commissioner Miller said she too was told that the structure at Villa Francine would be demolished and removed at no cost to the city and it is ridiculous to now hear that $14,000.00 was spent. 4. Former Mayor Joseph L. Kelley of 485 Dunad Avenue, Opa-locka, Florida, came forward and suggested that the Commission hold a Town Hall Meeting as oppose to a workshop to discuss the budget amendments to allow for citizen input. Secondly, he said that it is staggering when looking at the personnel and salaries that have come on in the recent months and he cannot believe the City Manager just on his own would make those decisions. He asked, how does the city purchase land without a plan for utilization expending dollars the city doesn't have and how does the city have improvements for public safety and not fulfill them? There are so many items that he would not get into because of the time but he is very disheartened that the city is at this point because whether it's franchise fees, late fees, or red light cameras, the Commission as elected officials receive those reports and have to make a tough call on what spending they do and what they cut back on. In his opinion, the Commission is at the point where it would be a great task to just make cuts even if they don't lay off employees simply because they did not take the time early on to stop the bleeding. He went on to say that he would like to see what the Commission is going to propose alternatively because anything they do is going to have an impact on the citizens. He said what saddens him the most is that what the Commission is doing is to just get to Regular Commission Meeting Minutes—05/25/2011 10 September 30, 2011, but they should've been watching this way before now. If revenues are coming in slow then the city must curtail the spending and cannot keep spending which is what was done. Although the City Manager is ultimately responsible, the Commission represent the citizens and he holds them accountable. 5. George Barrios of 4073 NW 135 Street, Opa-locka, Florida, appeared before the City Commission and stated that he was in the process of opening up a dollar store on NW 135th Street; however, he was misled by the department of Building & License. After following the process and taking the steps as instructed by that department, he was told a month later that he couldn't open up a dollar store at that location. The problem is that the individual at the Building & License Department was suppose to send him to Community Development first, but she didn't and after a month and him spending money, he was then told that he could not open up the dollar store at that location. Commissioner Holmes informed the Commission that there is an ordinance on the agenda to address this matter and allow the dollar store at that location. Mayor Taylor apologized to Mr. Barrios and asked if he was given a pamphlet on "How to Do Business in Opa-locka". Mr. Barrios replied, no. Mayor Taylor expressed the importance of providing applicants with the pamphlet as a routine. Manager Patterson said that the problem is that this should have gone before the Planning Council because the applicant is trying to put a dollar store in an area that is not zoned for that purpose. Mayor Taylor suggested that Mr. Brown speak to Mr. Barrios. 6. John Riley of 2963 NW 135 Street, Opa-locka, Florida, came forward and stated that NW 135 Street was rezoned in 1985 and it handled that kind of business. 7. Alvin Burke of 2928 NW 132 Street, Apt. 328, Opa-locka, Florida, came forward as the Vice President of the Planning Council and stated that they are in the process of rezoning certain districts in the city and NW 135 Street is part of that. Of concern to Commissioner Holmes and Vice Mayor Johnson was that the Commission had not authorized the Planning Council or Community Development Department to start the rezoning process. Mr. Burke explained that the Planning Council is working with Community Development and they will make recommendations to the Commission for approval to rezone certain areas in the city so that they are consistent. Of concern to Mayor Taylor was having a process in place where investors would know in advance prior to investing money whether the property is zoned for their type of business. Regular Commission Meeting Minutes—05/25/2011 11 8. Manuel Rivera of 936 Opa-locka Boulevard, Apt 1, Opa-locka, Florida appeared before the City Commission and asked if the businesses in Opa-locka are required to be in ADA compliance because there are many businesses in Opa-locka that don't have ramps and/or restrooms for handicap individuals. Mayor Taylor asked, is ADA compliance a part of the city's Building &; License inspections? Manager Patterson said it is part of the inspection; however, it is the business responsibility to come into compliance. Mr. Rivera said that when he made a compliant to the county, he was told that it is the city's responsibility to make sure future and current businesses adhere to the handicap laws. 15. ACTION ITEMS (items from consent agenda pull list): 19-3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY ATTORNEY TO FILE AN APPEAL IN THE MATTER OF LINDA BRACY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Miller, seconded by Commissioner Holmes to pass the above resolution. Commissioner Holmes said he was not in agreement with this resolution and would not be supporting it. Vice Mayor Johnson said she also would not be supporting this resolution because the Judge has rendered his ruling. There being no further discussion, the motion failed by a 4-0 vote. Vice Mayor Johnson No Commissioner Miller No Commissioner Holmes No Commissioner Tydus Not present Mayor Taylor asked, was there a counter offer? Attorney Geller informed the Commission that he had passed out what he'd received from the attorney. Mayor Taylor No Regular Commission Meeting Minutes—05/25/2011 12 Vice Mayor Johnson directed the City Attorney to govern the meetings in parliamentarian fashion. Once the discussion is over with and the vote is being taken, she said she is concerned that the City Attorney is so often allowing discussion to take place in the midst of voting. 19-5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, EXTENDING THE DEADLINE FOR THE AMNESTY PROGRAM TO DECEMBER 31, 2011 TO ALLOW PROPERTY OWNERS WITH OUTSTANDING CODE ENFORCEMENT VIOLATIONS TO PAY A REDUCED AMOUNT, AFTER MEETING CERTAIN ELIGIBILITY CRITERIA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T The above resolution was read by title by Attorney Geller. Mayor Taylor passed the gavel to Vice Mayor Johnson. It was moved by Mayor Taylor, seconded by Commissioner Holmes to pass the above resolution. Commissioner Miller asked for an explanation on the above resolution. Mayor Taylor explained that the city has an existing resolution for the amnesty program to allow individuals to come in and pay a reduced amount after meeting certain requirements. Because the current deadline is going to end in June, this resolution is to allow for an extension to December 31, 2011. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Tydus Not present Commissioner Miller Yes Commissioner Holmes Yes Mayor Taylor Yes Vice Mayor Johnson Yes Vice Mayor Johnson returned the gavel to Mayor Taylor. 16. NEW ITEMS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE APPROVAL AND RATIFICATION OF THE FINAL CONTRACT BETWEEN THE CITY OF OPA-LOCKA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. The above resolution was read by title by Attorney Geller. Regular Commission Meeting Minutes—05/25/2011 13 It was moved by Commissioner Miller, seconded by Commissioner Holmes to pass the above resolution. Attorney Geller explained that the PBA ratified the contract and if the Commission approves it then it's done. Commissioner Holmes asked, are the city's police officers in agreement with the PBA contract? Attorney Geller replied, yes, they voted in favor of it. Chief Cheryl Cason of the Opa-locka Police Department came forward and stated that 95% of the officers are in agreement with this contract. Commissioner Holmes asked, what is the base salary for police officers? Chief Cason said it is about $36,000.00. Commissioner Holmes said he was hoping the city could take the savings from the car allowances and overtime to bring the police officers making $36,000.00 to $40,000.00. There being no discussion, the motion passed by a 4-0 vote. Commissioner Miller Yes Commissioner Holmes Yes Commissioner Tydus Not present Vice Mayor Johnson Yes Mayor Taylor Yes 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONDUCT A SEARCH COMMITTEE FOR A NEW CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the above resolution. Vice Mayor Johnson noted that there is an ordinance already in place which spells out that the Commission is the search committee. This resolution would allow the Commission time for a search based on the City Manager's resignation as of September 2, 2011. Although the City Manager's tenure with the city was a short one, Commissioner Holmes suggested that the Commission provide the City Manager with some sort of compensation for his dedicated service to the city. He said he would bring forth a resolution to that effect. Regular Commission Meeting Minutes—05/25/2011 14 Manager Patterson expressed his appreciation for the compensation the Commission wants to provide him with for the 18 months of service to the city; however, he donated whatever the compensation may be towards filling the gap. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Miller Yes Commissioner Tydus Not present Mayor Taylor Yes 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING TO SOUTH FLORIDA WORKFORCE RFP #01-ISY/OSY-2011-12 FOR YEAR ROUND YOUTH SERVICES AS A PART OF THE CITY OF OPA-LOCKA CRIME PREVENTION PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012. Sponsored by T.H. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the above resolution. Vice Mayor Johnson stated that the resolution is to allow the city to apply for the grant which has a deadline of May 31, 2011. There being no further discussion, the motion passed by a 4-0 vote. Vice Mayor Johnson Yes Commissioner Miller Yes Commissioner Holmes Yes Commissioner Tydus Not present Mayor Taylor Yes 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO IMMEDIATE CEASE ALL CAR ALLOWANCES WITH THE EXCEPTION OF THE TWO THAT ARE PURSUANT TO CONTRACT BEING THE CITY MANAGER AND THE CITY CLERK; FURTHER PROVIDING THAT ALL CAR ALLOWANCES PAID SINCE FEBRUARY 1, 2011 ARE TO BE REIMBURSED TO THE GENERAL FUND BY MARCH 31, 2012 WITH THE EXCEPTION OF THE SAME TWO. Sponsored by D.J. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the above resolution. There being no discussion, the motion passed by a 4-0 vote. Regular Commission Meeting Minutes—05/25/2011 15 Commissioner Miller Yes Commissioner Holmes Yes Commissioner Tydus Not present 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 COMMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING ORDINANCE 10-23, THE GENERAL FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was deferred. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING ORDINANCE 10-24, THE PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A", REFLECTING CHANGES (INCREASES) IN REVENUE SOURCES AS FOLLOWS: CAPITAL PROJECTS (FUND 320), ONE MILLION SEVEN HUNDRED NINE THOUSAND FOUR HUNDRED AND THIRTY DOLLARS ($1,709,430); SPECIAL LAW ENFORCEMENT (FUND 165), TWENTY FIVE THOUSAND DOLLARS ($25,000); CAPITAL IMPROVEMENT DEBT SERVICE (FUND 230), SIX MILLION NINE HUNDRED THIRTY FIVE THOUSAND DOLLARS ($6,935,000); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above ordinance was deferred. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA TO APPROVE THE VACATION OF A PORTION OF DUVAL STREET, SPECIFICALLY THE AREA SOUTH OF NORTH WEST 151ST STREET AND THE AREA NORTH OF GRANT STREET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND Regular Commission Meeting Minutes—05/25/2011 16 REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 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 on first reading. Vice Mayor Johnson asked for clarification on the above ordinance. Manager Patterson explained that this property is needed for the Magnolia North project. Howard Brown, Community Development Director for the City of Opa-locka came forward and stated that the request is from the Opa-locka CDC to vacate the roadway. Vice Mayor Johnson stated that anytime there's property owned by the city, the document must be clear and concise for the record. Of concern was the fact that the ordinance wasn't clear as to the purpose. Mayor Taylor asked Mr. Geller if the ordinance could be more specific prior to second reading. Attorney Geller advised that changes could be made on second reading if it doesn't substantially affect what is being done. The ordinance itself does state that it's the request of the Opa-locka Community Development Corp. and the Planning Council minutes are attached. There's a description in the agenda item that says what the request is indicated for and that Planning Council has recommended this. Mayor Taylor agreed with Vice Mayor Johnson in that the ordinance should be clear and state the purpose for vacating that portion of the street. She directed the City Attorney to include more information in the ordinance for second reading. Vice Mayor Johnson suggested that the City Attorney modify the ordinance at that time. Attorney Geller proposed to include a second whereas clause in the body of the ordinance to read: The street vacation is intended to assist in Opa-locka CDC's redevelopment of Magnolia North by providing additional space for parking and other purposes. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to amend the ordinance to include the language as indicated above by the City Attorney. There being no discussion, the motion to amend the ordinance passed by a 4-0 vote. Commissioner Tydus Not present Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Miller Yes Mayor Taylor Yes Regular Commission Meeting Minutes—05/25/2011 17 There being no further discussion, the motion on the ordinance as amended passed by a 4-0 vote. Commissioner Miller Yes Commissioner Tydus Not present Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING ORDINANCE 86-8, THE LAND DEVELOPMENT CODE, SECTION 6.10 (B) (19) TO INCLUDE RETAIL USE IN THE I-1 INDUSTRIAL ZONING DISTRICTS UPON APPROVAL BY THE CITY FOR A SPECIFIC LOCATION WITHIN SAID DISTRICTS AS A SPECIAL EXCEPTION. SITE PLAN REVIEW IS REQUIRED, AND AN ANNUAL LICENSE MUST BE OBTAINED TO CONTINUE OPERATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; 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 Vice Mayor Johnson to pass the above ordinance on first reading. There being no discussion, the motion passed by a 4-0 vote. • Vice Mayor Johnson Yes Commissioner Miller Yes Commissioner Tydus Not present Commissioner Holmes Yes Mayor Taylor Yes B. SECOND READING/PUBLIC HEARING: C. RESOLUTION/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO DETERMINE THE COST AND FEASIBILITY OF AN EXTERNAL REVIEW OF THE HUMAN RESOURCES DEPARTMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER, WITH THE ASSISTANCE OF THE CITY ATTORNEY, TO SET UP A NOT-FOR-PROFIT Regular Commission Meeting Minutes—05/25/2011 18 CORPORATION AND SEEK TAX EXEMPT STATUS, TO BE KNOWN AS THE CITY OF OPA-LOCKA EDUCATION & SCHOLARSHIPS FOUNDATION, INC., TO BE USED TO ASSIST IN THE EFFORTS OF THE CITY OF OPA-LOCKA'S EDUCATION COMPACT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. and T.H. 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA TO AUTHORIZE THE CITY MANAGER TO PAY ALONZO WILLIAMS $125,000.00 TO SETTLE THE INDEMNITY PORTION OF HIS WORKER'S COMPENSATION CLAIM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO RELOCATE THE CITY COMMISSION MEETING FROM CITY HALL TO TOWN CENTER ONE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. It was moved by Commissioner Holmes, seconded by Commissioner Miller to pass the consent agenda resolutions. The motion passed by a 4-0 vote. Commissioner Holmes Yes Commissioner Miller Yes Vice Mayor Johnson Yes Commissioner Tydus Not present Mayor Taylor Yes A. CITY MANAGER'S REPORT: Commissioner Miller left the meeting at 9:50 p.m. Commissioner Holmes requested that Lawrence Wright come forward to address the issue in terms of the deadline for the Sherbondy Village project. He stated that his understanding is that the $50,000.00 would be coming from the city and the rest of the money would come out of the grant. Lawrence Wright of 3827 NW 125 Street, Miami, Florida, appeared before the City Commission and stated that Commissioner Holmes was absolutely correct. Mayor Taylor stated that her concern was that the addendum takes on a new face and it is not an extension of Mr. Wright's job description. If it is different from the job description then the law would dictate that the city would have to put that out for bid. It appears that the city contracted with Mr. Wright for one thing and he wants to extend the contract, but it goes into another job description. Attorney Geller explained that the scope of services in the proposal received from Mr. Wright is not entirely clear and there were questions in terms of the amount of compensation. He said he spoke to Mr. Wright about this and his partner Mr. Kramer is Regular Commission Meeting Minutes—05/25/2011 19 currently reviewing it, however, the City Manager did authorize making a proposal to Mr. Wright to do this for the $50,000.00 and the city has extended that offer to Mr. Wright. The contract would have to be re-written and the way this is presented to the Commission it says that it would be for a total of $50,000.00 and it would have to be in a form acceptable to the City Attorney. It would be possible to draft something sufficiently related to what Mr. Wright is doing, that it could be done as an addendum but that would be a matter of some pretty careful draftsmanship. Otherwise the Mayor would be correct. There may be a way that it could be done, however, Mr. Wright didn't indicate that he was necessary prepared to accept the proposal the City Manager made for a total amount of $50,000.00 and he indicated that would cause him to further restrict the scope of services. In restricting the scope of services further, there may be a way to draft it that indicates that it is related to the original job that he undertook; otherwise, there's a problem. He went on to say that the document was written in a way to authorize the City Manager to move forward if an agreement on the scope of services is reached. Vice Mayor Johnson stated for the record that Mr. Wright attends the same church as she does along with the City Clerk. She recalled that in the workshop, the Commission made the direction for Mr. Wright to go with the project and she suggested to Mr. Wright that he get something in writing because "go with the project" to some individuals doesn't mean the same thing. She said she spoke with the City Attorney and he went back and forth with prices and at that time she suggested that the City Attorney do a comparison, however, that wasn't done. She went on to say that work has been done and she's heard other names being recommended which she would not support. Although she wasn't clear on the reasons for the reservations and hold up, she said she does know the city doesn't have the money to complete the project and it is important to do this. She further stated that Mr. Wright is respected in the county and has been providing advisement to the city. It is in the best interest for the city to resolve this matter. Mr. Wright said that it is Lawrence Wright & Partners desire to represent the city in every capacity in the cleanliness and utmost way. He said he has a relationship that this city can benefit and there have been things out of order which need to be put back in order. He thought this was worked out in the workshop and things were moving forward. The scope of services provided to the City Manager and City Attorney is broad in that it is not limited to the recapture of dollars or finding additional grant monies; it is a broad scope of everything and it is a lot of time. The city will put up $50,000.00 and the rest of the money would be recaptured in the grant money. He went on to say that he is working with the City Attorney and they're trying to work on their understandings of the regulations. Additionally, he is even thinking about reducing the cost and recommending the use of city staff. Mayor Taylor asked, where is the money coming from? Regular Commission Meeting Minutes—05/25/2011 20 Attorney Geller said that the indication he received from the Commission, and he spoke to the City Manager who authorized the sum of$50,000.00, there are things Mr. Wright contemplated in the addendum and when it's not just the Sherbondy issue, those things would have to go out. By limiting it to Sherbondy, there is a way the scope of services could be narrowed and this call for payment of$50,000.00 on what would be a narrowed scope of services related to that particular item. Mayor Taylor asked, is the 2.5 Million Dollars within the scope of Sherbondy? Attorney Geller said he believes there is a way to write the scope of services such that it is. The amount of $50,000.00 is not a contingent amount but a fixed amount. If the resolution would pass, it would allow for the Commission to work out the final details with Mr. Wright to limit the scope of services and agree with the dollar amount. Manager Patterson explained that the matter is whether or not the city could keep the scope at the $50,000.00 range because all of it inclusive is approximately $300,000.00 already. They are working on reducing the scope to deal with $50,000.00 and probably take it out of the grant, but most grants won't allow for payment of consultant. Vice Mayor Johnson made reference to a letter from Clarence Brown of Miami-Dade County which spelled out what the monies could be used for. Secondly, the bid advertisement included miscellaneous projects. Her concern was that she didn't think the city could do the project, not have the details outlined and think they would be reimbursed. The direction the city is moving in now, they will be in a hole because they will not be in compliance. She said that time is of the essence because just like the city's budget is going to end, Miami-Dade County's budget is going to end and the city will have an incomplete building. As it stands now, everything is coming out of general funds when the city said they would get the money budgeted from the bond money. During the workshop, the Commission originally said to Mr. Wright to go forth, Mayor Taylor said there were two things he was suppose to go forth on: one was to help with employment that reflected the community and the second was the 2.5 Million Dollars. She said she went along with that until she found out that Mr. Wright's cost was $325,000.00. Mr. Wright explained that the only thing coming out of the city's money is $50,000.00; everything needed to suffice the contract would come out of the grant money. Of concern to Mayor Taylor was whether Mr. Wright could fit this in to the Sherbondy Project because otherwise it would be a whole new contract. Mr. Wright advised that in the reflection of what he solicited for it was for Construction Management Services or miscellaneous projects. The city has given him a three year term contract that would reflect other things, not just Sherbondy Park & Village, but other miscellaneous projects that may come up. At the beginning of the year, CBHC came up with some things and the board indicated there were scopes missing (i.e. sound, lighting in the theater, mini kitchen, furniture) and all those things are in the scope of that contract Regular Commission Meeting Minutes—05/25/2011 21 that will not only go after the 2.5 Million Dollar recapture money, but they will go out for additional monies recaptured in the same scope so that once the building is done, it is a complete turnkey project. Attorney Geller said that's why he recommended that the resolution be limited so there's a narrow scope of services and the amount is clearly defined. Mr. Wright said it was difficult sitting in his seat knowing what it is to be done for someone to tell him and he knows the staff, time and effort needed to execute something. By the City Attorney narrowing the scope, it still has to go to US HUD and there's a certain requirement because he doesn't want to just go after stuff and not get it. Mayor Taylor said she could not swallow$325,000.00. Mr. Wright noted that the city is only paying $50,000.00 and if he doesn't get the grant then the city only lost $50,000.00, but he lost $250,000.00 worth of staff and other things. Commissioner Holmes informed Mr. Wright that the Commission could not amend the agenda to include the resolution due to only three members being present. He suggested a special meeting is held to consider the resolution. Vice Mayor Johnson stated that all the regulations are spelled out in tab 1 of the playbook provided at the workshop. In addition, she has a copy of the complete bid package should anyone need to review it. Mayor Taylor asked, can the Commission amend the agenda to include the resolution? Attorney Geller advised that it would require four votes to amend the agenda to include the resolution. The City Commission scheduled a Special Commission Meeting on Friday, May 27, 2011 @ 12:00 p.m. to consider the resolutions relating to Lawrence Wright & Partners, LLC. and pump stations 1 & 2. Vice Mayor Johnson directed the City Manager to provide at the Special Commission Meeting for pump stations 1 and 2. Manager Patterson requested that the Commission provide him with a date for the workshop. He provided a report on the AFSCME contract and the delivery of new police cars. He noted that the budget administrator received a certificate from Government Finance Officers Association for distinguished budget presentations. Vice Mayor Johnson pointed out that on NW 27th Avenue, in front of the Church's Chicken, there was underground work done to support the upcoming shopping and that road was left unacceptable. Regular Commission Meeting Minutes—05/25/2011 22 Manager Patterson stated that another concern is an incident that occurred on the road on the south side of Wachovia Bank, and there's an investigation to see whose area the incident occurred on. Another concern pointed out to him is that Wachovia Bank doesn't have a place where the water could drain off of the building so it is draining down on the road causing the standing water and damaging the asphalt. Vice Mayor Johnson requested that the City Manager provide a suspense date for both of the issues. She continued by saying that the city should have a provider in place for emergency repairs / towing of city vehicles. This information should be provided by the next commission meeting. Of further concern to Vice Mayor Johnson was the hours of operation for the utility billing office and this information should be included on the utility bills. She said she would get with the City Manager on the resolution adopted relating to the Human Resources Department because she wants that completed as soon as possible. Commissioner Holmes expressed his concerns as it related to the issuance of special permits allowing jet skis in the lake near Wilmington Street. Manager Patterson said the city does not issue permits for jet skis; the city is not suppose to have any motorized vehicles in the lake. Commissioner Holmes reported an incident that occurred approximately 3 to 4 weeks ago where there were several units parked blocking the road and he indicated to the officers that those individuals were not suppose to be out there, but he was told that the individuals had a permit. He directed the City Manager to look into this matter and find out if a permit was issued. He expressed his concerns with the speed bumps on Service Road and suggested that some of those speed bumps are removed. He thanked the Urban Rangers for boarding up the home near Robert B. Ingram Elementary School. As it relates to the Dollar Store issue, he said the ordinance passed on first reading and he doesn't see any problem with the city allowing the applicant to proceed with the business. He further stated that Wachovia Bank spoke to him about the water along side the bank and he had Public Works drain the water out on many occasions, but they never mentioned anything about the road. He expressed his disappointment with seeing the City of Opa-locka Police Department on the Channel 7 news. Commissioner Holmes directed the City Manager to make sure staff resets the timer for the sprinklers at Sherbondy Park so that it comes on in the mornings and evenings. Regular Commission Meeting Minutes—05/25/2011 23 He went on to say that the City Commission placed the supervision of Code Enforcement under the Building & License Department and because the director has more responsibility, he should receive a little more compensation. He directed the City Attorney to bring back a resolution to give Mr. Abia an increase in salary. Mayor Taylor directed the City Manager to make sure staff speed up the process for those simple requests given by the Commission. She continued by saying that Mr. Fritz should have told the City Manager that he contacted FDOT concerning the road near Wachovia Bank because NW 27th Avenue on the south side the water is coming not only from Wachovia Bank but from NW 27th Avenue. She said she had not heard anything relating to this matter and this should get on the fast track. She further suggested that staff change their attitudes and be more aggressive towards working businesses in Opa-locka. Mayor Taylor agreed with increases and paying for certain things, but she suggested that it is done once the budget is balanced. Vice Mayor Johnson mentioned that the permits for painting was $10.00 as adopted by legislation of this Commission, however, the Building & License Department is charging $15.00 and she would like to know when did the increase come before the Commission. Although it was mentioned that the state increased their fee, the city increases must be approved by the City Commission. She recommended that the Commission go paperless and utilize IPADS for the meeting agendas along with training. She expressed her concerns relating to the loud music at the park, police officers parked on the side of the road for long periods of time, and working the gasoline pumps at Public Works. B. ACCOUNTS PAYABLE: Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that the reserve fund is $565,000.00 as budgeted. Vice Mayor Johnson directed the Finance Director to provide the interest earned on the reserve fund. Commissioner Holmes asked, does the city have money for the police cars? Dr. Orji replied, they are budgeted. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Regular Commission Meeting Minutes—05/25/2011 24 Mayor Taylor made reference to the Civil Service Board minutes of April 30, 2011 and in page 2 the board recognized Captain Tony Sanchez from Biscayne Park who was to assist the board in conducting an investigation into the police department which was previously voted on. She asked, when did the Civil Service Board get that kind of authority? Attorney Geller advised that he didn't believe they had that authority and in fact he subsequently spoke to the Chief and he was told there was no budget associated with the action. In addition, he told the Chief that was inappropriate and it is his understanding that has been discontinued. Commissioner Holmes asked for the condition of the dispatcher from the Police Department who was involved in an accident. Vice Mayor Johnson directed the City Attorney to bring a report on the annexation and the CSX matters. In addition, she requested that the City Attorney provide the status in terms of what he had done to review all contracts for legal sufficiency and deadlines. 22. CITY CLERK'S REPORT: Clerk Irby reported that she is staying on top of the issue with the elections and specifically new advertisement issues that could save the city money. Vice Mayor Johnson suggested that the City Clerk do Public Service Announcements on Opa-TV for upcoming elections. Mayor Taylor asked for an update on the scanning of documents into the new system. Clerk Irby informed the Commission that she is waiting for the software to be updated. Nelson Rodriguez, IT Director for the City of Opa-locka came forward and stated that the software update was recently completed and he will be in the City Clerk's Office the following day. Mayor Taylor directed the City Manager to instruct staff to answer their office telephones. She continued by asking, does it cost the city to have these special elections? Clerk Irby replied, no. Mayor Taylor asked, is there a law that the city has to open all of its precincts? Attorney Geller replied, yes, but it is the county's expense unless the city has an item on the ballot. 23. MAYOR/COMMISSION REPORT: Mayor Taylor asked for a date for the workshop. Regular Commission Meeting Minutes—05/25/2011 25 Following brief discussion, the City Commission scheduled a workshop for June 1, 2011 at 5:30 p.m. for the budget amendments and the joint meeting with the Civil Service Board. 24. OFFICIAL BOARD APPOINTMENTS: 25. ADJOURNMENT: There being no further business to come before the City Commission, it was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to adjourn the meeting at 10:50 p.m. AYO' : ATTEST: CITY CL Regular Commission Meeting Minutes—05/25/2011 26