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11- November 09, 2011 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING November 09, 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, November 09, 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 Bryan K. Finnie, City Attorney Joseph S. Geller, and City Clerk Deborah S. Irby. Commissioner Rose Tydus arrived at 7:07 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. 5. APPROVAL OF AGENDA: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following resolutions were pulled from the Consent Agenda to be discussed separately under agenda item 15 —Action Items: 19-7 (Taylor); 19-5, 19-6 (Johnson); 19- 1, 19-2 (Holmes); and 19-10 (Tydus). It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. 1 Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 8. APPROVAL OF MINUTES: Regular Commission Meeting— 10/26/2011 It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve the minutes of the Regular Commission Meeting of October 26, 2011. 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 9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: 11. STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE - COUNTY COMMISSIONER REPORT: Larry Gardner of Miami-Dade Commissioner Barbara Jordan's Office (District 1) came forward to address any concerns. There were no concerns from the City Commission. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Battalion Chief Bill Van Meter of Miami-Dade County Fire Rescue came forward to address any questions and/or concerns. There were no concerns from the City Commission. 14. PUBLIC PRESENTATION: Willie Logan, President, Opa-locka Community Development Corporation, 490 Opa- locka Boulevard, Opa-locka, Florida, came forward and provided an updated overview on redevelopment activities in Magnolia Gardens. 2 Vice Mayor Johnson expressed her concerns relating to the city's involvement in the application of grants for city owned property; making sure everything is documented and on record; existing legislation on wiring; and the substation for the police department. She further requested that Mr. Logan provide a copy of the presentation. Mr. Logan addressed Vice Mayor Johnson's concerns and stated that the OLCDC has meetings on Thursdays where there have been ongoing discussions relating to the redevelopment in Magnolia Gardens. Vice Mayor Johnson directed the City Manager to provide updates under his report on the monthly meetings held at the OLCDC relating to the Magnolia Gardens redevelopment. She further stated that the city must make sure all development adhere to the legislation which was approved by this Commission that any development going forward from 2008 must have the utilities underground. Commissioner Holmes voiced his concerns regarding the length of time it has taken to see actual construction in the Magnolia North area. Mr. Logan highlighted the OLCDC's accomplishments in the last 12 months as it relates to that area. Vice Mayor Johnson requested to receive either bi-weekly or monthly updates on the Magnolia North redevelopment. She further directed the City Manager to provide the Commission prior to the next commission meeting with an outline of items mentioned by Mr. Logan in his presentation. Manager Finnie advised that the city is in the process of requesting a transaction list which would lay out all of things required by the OLCDC and his plan was to then bring the itemized list to the Commission. Upon receipt of that transaction, he said he would be ready to brief the Commission thoroughly on the goals and objectives in terms of where the city is and what they need to do. Commissioner Tydus thanked Mr. Logan for the comprehensive report provided. She said she has full confidence in Mr. Logan and the OLCDC because they have proven their ability throughout Miami-Dade County. The Commission should make a special effort to make themselves available for the meetings on Thursdays at the OLCDC. Mayor Taylor thanked Mr. Logan for the redevelopment of the Magnolia North area and for providing the timeline. It is now the city's job to get a timeline document. Attorney Geller suggested that a notice is posted indicating that one or more members may be present at the Opa-locka CDC's meetings on Thursday @ 11:00 a.m. Mr. Logan reminded the Commission that the second Charrette would take place during the first week of December 2011. Additionally, the OLCDC was awarded another grant 3 from the Harvard School of Design and the focus would be on the downtown area. The planning would begin in 2012 for implementation in 2013/2014. Mayor Taylor acknowledged the presence of Habitat for Humanity of Greater Miami. 14a. CITIZENS' FORUM: 15. ACTION ITEMS (items from consent agenda pull list): 1. (19-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXPLORE COST SAVING OPPORTUNITIES BY ISSUING A REQUEST FOR PROPOSALS (RFP) FOR CODE ENFORCEMENT SERVICES FOR THE CITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to pass the above resolution. Commissioner Holmes recalled the operations of the Code Enforcement Board dating back to the 1980's when he was a member. He expressed the need for the city to have a Code Enforcement Department. He said he was not in support of getting rid of the city's Code Enforcement Department. Although Vice Mayor Johnson agreed with what Commissioner Holmes stated, she said this resolution, if passed, would only authorize the City Manager to explore cost saving opportunities by issuing a RFP for Code Enforcement services. Manager Finnie added that this resolution would authorize him to explore what the city's options are and the possibility of privatizing or keeping Code Enforcement in-house so that he can make a recommendation to the Commission. Commissioner Tydus stated that this resolution is a Request for Proposals (RFP) for cost saving opportunities so that the City Manager would be able to provide a full report as to the pros and cons. This resolution would not get rid of the Code Enforcement Department. Mayor Taylor had no objections to the resolution since it was only to explore other options. Since the City Manager is going to come back with this issue, she asked if he could also advertise for certified officers simultaneously and allow the city's officers to reapply. Manager Finnie said he could do what Mayor Taylor is suggesting, however, he would like to understand the economics first to make a recommendation to the Commission. 4 Attorney Geller pointed out that the city may be able to do some of the things mentioned by Mayor Taylor, but in must be done in accordance with the Personnel Rules. Vice Mayor Johnson stated that this particular resolution does not include the option brought up by the Mayor, but her recommendation must go before the Personnel Board with a recommendation to the Commission. However, this option must be brought up separately. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes No Vice Mayor Johnson Yes Mayor Taylor Yes 2. (19-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI-DADE TRANSIT FOR THE OPERATION OF THE BUS SHUTTLE SERVICE FOR THE CITY OF OPA-LOCKA; 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. Of concern to Vice Mayor Johnson was that the above resolution did not include an account number. Manager Finnie clarified that the resolution was not asking for money. This resolution is for the city's license renewal. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor Yes 3. (19-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND MONIES TO PURCHASE SEVEN (7) M7100IP SCAN REMOTE MOUNT 5 PROVOICE TWO-WAY RADIOS WITH ANTENNA FROM MIAMI-DADE COUNTY INFORMATION TECHNOLOGY DEPARTMENT, AND INCLUDING INSTALLATION, IN THE AMOUNT OF TWENTY NINE THOUSAND ONE HUNDRED THIRTY-SIX DOLLARS AND FORTY-FIVE CENTS ($29,136.45), PAYABLE FROM ACCOUNT NUMBER 65-521641; 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 Commissioner Holmes to pass the above resolution. Vice Mayor Johnson asked for an explanation relating to the revisions made to the purchase order numbers provided in the package. Additionally, the numbers don't match what's in the budget. Manager Finnie explained that this item is ratification due to FDLE findings which he had to address immediately. Vice Mayor Johnson expressed further concerns relating to the discrepancies in the back up documentation provided. Attorney Geller stated that the Commission should note for the record that the supporting documentation for the resolution would be substituted with the corrected one to be a part of the record. Vice Mayor Johnson requested that the record reflect that this is a ratification resolution. Attorney Geller advised that a motion to amend the resolution was required as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING RATIFYING THE DECISION OF CITY MANAGER TO EXPEND MONIES TO PURCHASE SEVEN (7) M7100IP SCAN REMOTE MOUNT PROVOICE TWO-WAY RADIOS WITH ANTENNA FROM MIAMI-DADE COUNTY INFORMATION TECHNOLOGY DEPARTMENT, AND INCLUDING INSTALLATION, IN THE AMOUNT OF TWENTY NINE THOUSAND ONE HUNDRED THIRTY-SIX DOLLARS AND FORTY-FIVE CENTS ($29,136.45), PAYABLE FROM ACCOUNT NUMBER 65-521641; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to amend the resolution as reflected above. There being no discussion, the motion on the amendment passed by a 5-0 vote. 6 Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Mayor Taylor Yes There being no further discussion, the motion on the resolution as amended passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor Yes 4. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN APPLICATION FOR FUNDS TO THE FLORIDA DEPARTMENT OF STATE, HISTORICAL RESOURCES DIVISION, FOR FUNDING THE RESTORATION OF THE CITY HALL BUILDING, IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), AND FURTHER AUTHORIZING MATCHING FUNDS FOR THE GRANT AWARD IN AN AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), IN ADDITION TO THE CITY PROVIDING IN-KIND SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the above resolution. Vice Mayor Johnson stated that she met with the City Manager and provided him a referral because in order for someone to work on Historic City Hall, they must have experience in preservation. As chair of the Historic Hampton House which is on the National Register, she provided the City Manager with information on Francisco Rojas with whom she has no affiliation with. Mayor Taylor asked for clarification in terms of matching funds and in kind services. Manager Finnie explained that this grant is not expected to be approved until FY 2012- 2013 and at that point, he would request in the budget that the city allocate $50,000.00 to match the grant. Mayor Taylor asked, has the city done anything about the roof at Historic City Hall? 7 Manager Finnie said that the good news was that the city has identified a historic architect and he would be coming back to the Commission trying to identify some funds to repair the roof. Vice Mayor Johnson added that she spoke to Miami-Dade County Commissioner Jordan's office and they are also looking for monies that the county may have to help subsidize. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes 5. (19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO FREEZE ALL HIRING EXCEPT FOR THE POLICE DEPARTMENT'S SWORN PERSONNEL THROUGH DECEMBER 31, 2011, EXCEPT WITH APPROVAL OF THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to pass the above resolution. Mayor Taylor requested that the resolution be amended to remove the word "sworn" from the resolution. This would allow for the hiring of employees at the police department that are not sworn. Mayor Taylor passed the gavel to Vice Mayor Johnson and made a motion to amend the resolution to delete the word "sworn" from the resolution. It was moved by Mayor Taylor, seconded by Commissioner Tydus to amend the resolution by deleting the word "sworn". There being no discussion, the motion to amend failed by a 3-2 vote. Commissioner Holmes No Commissioner Tydus Yes Commissioner Miller No Mayor Taylor Yes Vice Mayor Johnson No 8 Of concern to Commissioner Tydus was the short time period on the resolution. Mayor Taylor stated that the resolution would be effective through December 31, 2011 which is the city's first quarter. Commissioner Miller was not in support of the resolution because the Commission should allow the City Manager to hire personnel that's budgeted for. Additionally, an emergency may arise where the city would need to hire someone immediately to fill a vacancy. Mayor Taylor explained that this resolution was not a new resolution and has been brought before the Commission twice before with a much longer time frame. This resolution has a short window to match the quarter of the year; however, it is identical to the previous resolutions adopted with the exception of the date. Vice Mayor Johnson said she sponsored a similar resolution in the past, but the last resolution included wording to state that any hiring by the City Manager must be approved by the Commission and she didn't see that incorporated in this resolution. She would like to see the resolution amended to include that specific wording. Attorney Geller pointed out that the resolution did include the following wording "except with the approval of the City Commission". Commissioner Miller expressed her concerns with Mr. Patterson hiring individuals while similar legislation was in place and at that time it was okay, but all of sudden it is a problem. She further said she would not support the resolution. There being no discussion, the motion failed by a 3-2 vote. Commissioner Miller No Commissioner Holmes No Commissioner Tydus Yes Mayor Taylor Yes Vice Mayor Johnson No Vice Mayor Johnson relinquished the gavel to Mayor Taylor. 6. (19-10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT THE CITY MANAGER TO CEASE ALL RATIFICATION OF NON-EMERGENCY MATTERS, WITH ALL RESOLUTIONS TO COME BEFORE THE COMMISSION FOR FINAL APPROVAL AND BE PRE-APPRVOED AS TO THE STATUS OF THE EMERGENCY, ALL EMERGENCY ITEMS MUST BE ATTESTED BY THE CITY CLERK WHO IN TURN WILL CONTACT A MAJORITY OF THE CITY COMMISSION BEFORE ANY EMERGENCY RESOLUTIONS ARE ATTESTED TO; PROVIDING FOR 9 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. Vice Mayor Johnson requested that the above resolution be deferred to the next meeting. 16. NEW ITEMS: 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: B. SECOND READING/PUBLIC HEARING: C. RESOLUTION/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD-CDBG) GRANT AWARD, IN THE AMOUNT OF TWO MILLION SEVEN HUNDRED SEVENTY-SEVEN THOUSAND FOUR HUNDRED SEVENTY-FOUR DOLLARS AND NINETY THREE CENTS ($2,777,474.93), FOR THE SEGAL PARK IMPROVEMENT PROJECT — HELEN MILLER CENTER PROJECT, AND TO RESCIND RESOLUTION NO. 11-8200; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AND EXECUTE AMENDMENT #1 TO RENEW CONTRACT AGREEMENT WS622 WITH THE FLORIDA DEPARTMENT OF CORRECTIONS TO PROVIDE FOR THE USE OF INMATE LABOR, IN THE FORM ATTACHED HERETO AS EXHIBIT "A", IN AN AMOUNT NOT TO EXCEED FIFTY EIGHT THOUSAND FOUR DOLLARS ($58,004.00), PAYABLE FROM ACCOUNT NO. 41-541340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 10 8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE A DONATION OF TWO THOUSAND DOLLARS ($2,000.00) TO THE 2011 SPECIAL NEEDS TOY RUN SPONSORED BY THE BLACK GLOBAL BIKERS ASSOCIATION, INC., PAYABLE FROM ACCOUNT NO. 19-519493; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE EXPENDITURE OF SEVEN THOUSAND DOLLARS ($7,000.00) FOR A "HOLIDAY IN THE PARK TOY GIVEAWAY" TO BE HELD DECEMBER 17, 2011, TO GO TOWARDS THE 9TH ANNUAL "HOLIDAY IN THE PARK TOY GIVEAWAY" EVENT, AND PAYABLE FROM ACCOUNT NUMBER 79-579402; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by D.J. The above consent agenda resolutions were read by title by Attorney Geller. It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the consent agenda resolutions. The motion passed by a 5-0 vote. Commissioner Tydus Yes Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes Commissioner Miller left the meeting due to a family emergency. A. CITY MANAGER'S REPORT: Manager Finnie informed the Commission that they should have received the listing of sidewalks in need of.repairs. Also, a memorandum was distributed noting the two items for emergency acquisitions which are the police radios and air conditioning unit for the police department. He followed up on several comments made by the Opa-locka Community Development Corporation. Now that he has a timeline, he would put a transaction list with the timeline and provide a report as requested by the Commission. He reported his concerns with the RFP's that went out for sidewalks and NW 143rd Street drainage which would be re-advertised. In addition, he would be making arrangements with FIU so that can review the results of the documents. 11 He further stated that his office would be contacting the Office of the Mayor/City Commission once the elevator is working at Sherbondy Village for a tour of the facility. Vice Mayor Johnson asked for an update on her previous requests that the City Manager make sure the city is meeting with the auditor periodically so that the auditor can come in front of the Commission. Manager Finnie stated that he had one meeting with the auditor and the auditor is waiting for a piece of information from the city and at that point in time he would ask the auditor to come back and brief the Commission on the status. Vice Mayor Johnson requested that the City Manager provide a summary of his meetings with key providers. As it relates to parking during regular business hours, she said that no city vehicles should be parked in front of Town Center building. In addition, all city vehicles must brand the city's logo. Commissioner Holmes said he was still waiting on the City Manager to address the issue with Johnson Controls and these water meters because citizens are still complaining about the high water bills. Although he has been talking about this issue all year nothing has happened yet. Manager Finnie informed Commissioner Holmes that he had a meeting with staff and the City Attorney to review the Johnson Controls and he would be providing the Commission with an update. Commissioner Tydus said she noticed that the trailer behind the fence at the Public Works Department was gone and throughout the years that had been a place for the employees to have their lunch. Fritz Armand, Director of the Public Works Department came forward and stated that the trailer was demolished because it had become a health hazard. The fire inspector cited a few things at the Public Works Department and although the trailer was not cited in the report, in Fire Inspector verbally mentioned that the city would have to do something with the trailer. Manager Finnie added that due to safety issues, the city had to demolish the trailer. Commissioner Tydus asked, do the employees have a place of refuge at this time or are there plans in the making? Mr. Armand indicated that he would be presenting a plan to the City Manager to create a place for the staff under the shed as well as using a portion of the space for storage due to the dire need of storage space for the city's equipment. 12 Manager Finnie said he would discuss this issue with the Public Works Director and prepare a memorandum summarizing the discussion and submit it to the Commission as it relates to the future plans. Commissioner Tydus thanked the Public Works Director for the completion of the lights at the Butterfly Garden on Sharazad Boulevard. She continued by saying that back in June the city had an initial workshop concerning the pump stations and the administration provided the Commission with a comprehensive report, but then there was a recent workshop where they were provided with a sketchy report. The report provided at the recent workshop did not address what has transpired from June up until today. Manager Finnie said he would resubmit that report to the Commission with details. Vice Mayor Johnson reminded the City Manager about addressing the lighting on NW 22°d Avenue at Wilmington Avenue heading South. Commissioner Holmes requested increased police visibility throughout the residential areas due to an increase in burglaries. Mayor Taylor expressed the importance of speeding up the sidewalk repairs throughout the city for public safety reasons. Manager Finnie said he would try to release the RFP for sidewalks immediately. During the last commission meeting Mayor Taylor said she mentioned about the city's putting emphasis on visible services. She directed the City Manager to conduct an assessment of the lighting throughout the city to determine whether there is enough lighting, if the trees are in the way, and/or are they bright enough. Should the lighting need fixing, she instructed the City Manager to bring that item before the City Commission if it is not a budgeted item. She continued by expressing her concerns relating to the cleanliness of the city. She directed the City Manager to make sure the stone running along the canal barrier from NW 22nd Avenue going West through NW 27`x' Avenue is steam cleaned. Also, the streets must be cleaned even if the city has to borrow a street sweeper. Manager Finnie advised that there was a makeshift sweeper on the streets, but the city is still looking at entering into an interlocal agreement with the City of Miami Gardens to utilize their street sweeper or find out if there is money in the budget for the city to acquire a new street sweeper. In the meantime, Mayor Taylor said that the streets need sweeping on the main thoroughfares. 13 She continued by requesting that the city take an assessment of the pot holes especially in the residential areas and fill those and then move to the business area. She further asked for an update on the Hot Spots through the Opa-locka Police Departments. Manager Finnie advised that the Opa-locka Police Departments understand where the hot spots are and there is more activity out there then it appears with the naked eye. Being aware of those target areas, the city has focused on unmarked vehicles to patrol the neighborhoods and now he just has to get them to slow down. In addition to the Hot Spots, Mayor Taylor said that the citizens have complained about the lack of police visibility in various areas perhaps because their area doesn't require it, but they would like to see police visibility every so often to drive slowly as they drive by. As it relates to landscaping, Mayor Taylor asked, is the city putting out a bid for the thoroughfares? Manager Finnie replied, no. He said the landscaping services will be brought back in- house. Mayor Taylor asked, does the city have the resources and personnel to bring all of the landscaping in-house? Manager Finnie stated that the city is planning and will continue to plan on how it will do that. Of concern to Mayor Taylor was that the landscaping was done in-house in the past and it did not work which is why it was bided out; however, she would wait to see what happens. She asked, is there a cancellation coming up and whether everything was coming in- house? Manager Finnie replied, yes. Mayor Taylor asked for an update on the Car Wash resolution. Vice Mayor Johnson said she is going to address that under the City Attorney's Report. Mayor Taylor asked, when can the city offices relocate to the Sherbondy Village building? Manager Finnie informed the Commission that the offices cannot be relocated because of the CDBG money used to facilitate that transaction and the GO bond money was for recreation; therefore, the only use allowed in that building is a recreational use. 14 Mayor Taylor advised that she spoke to the county Mayor about the amount of money the city is paying in Town Center to save the residents money and the county mayor turned her over to their attorney. She provided a copy of the letter to the City Attorney and requested that he read it into the record. Attorney Geller read the letter addressed to Mayor Taylor from Brenda Newman, Assistant County Attorney and copy to Gerald Heffernan as follows: "Hi Mayor Taylor, Gerald Heffernan and I have spoken about the use of the facility constructed in Sherbondy Park for office spaces for the city. From the county's perspective, there is no problem with this use so long as the other parts of the facility which have been designated for use as a park, recreation facility for the community are used as such. We are happy to speak with your city attorney about this matter." Mayor Taylor advised that she did her research on this matter after the City Manager told the Commission that before and these are the two county attorneys (one handles CDBG and the other the Bonds) and they've indicated they have no problems with the offices moving into Sherbondy. With all due respect, Manager Finnie stated that as the former director of OCED for Miami-Dade County and the City of New York, the city is not allowed to bring in municipal use in that building. If the city places a municipal use in that building with the CDBG money used for recreation, the entire county's entitlement would be at risk and they would have to pay back 100% of the money in addition to paying a fine. Mayor Taylor said she did not receive the email lightly which is why Ms. Newman is the attorney for OCED and this is a legal opinion. The point is that the city must save the citizens money by moving out of Town Center One which is costing the city $500,000.00 per year. The City Attorney has a copy of the letter and with all due respect the City Manager is not an attorney. The county attorneys have indicated that as long as the city was not disturbing Sherbondy's use of parks. Commissioner Holmes reminded Mayor Taylor that there is a lease in place for the office space at Town Center and the city must give ample notice for the following budget year. As previously stated, the city should consider moving into modules. Mayor Taylor stated to the City Attorney that they did have a discussion and since Town Center is holding the city to the lease, the city would hold Town Center to the lease also. The city would like to have ample time and prepare something to bring back to the Commission with the intent. Vice Mayor Johnson recommended a workshop to discuss this matter because during the GOB process, there were only two individuals who went out and championed for Sherbondy Village although it took the entire Commission to agree. Before the City Manager can proceed with any specific recommendation, the Commission must vote on the direction. 15 She went on to suggest a workshop is held to discuss this matter and then come back with a resolution. Mayor Taylor said when it is time she would sponsor a resolution and the City Attorney is on top of this as far as the lease is concerned. Vice Mayor Johnson directed the City Manager set up a workshop to further discuss this matter. B. ACCOUNTS PAYABLE: Ezekiel Orji, Finance Director for the City of Opa-locka came forward and informed the Commission that included in their package is the financial reports. Vice Mayor Johnson directed Dr. Orji to go through the City Clerk's Office to reschedule the meeting to discuss the format for financial reporting. Mayor Taylor questioned Dr. Orji about a form required for the hardship program for release of information. Dr. Orji briefly explained the purpose of that form. Mayor Taylor informed the City Manager of a telephone call she received from an individual who submitted a proposal in response to an RFP and according to this individual, he was the lowest bidder and he also knew what the budget for the project is. Manager Finnie said he talked about the NW 143`d Street project and recommended that it cease because the bids ranged from$400,000.00 to $1,000,000.00 and it just didn't feel right so he will republish it. Attorney Geller stated that bids are confidential until the time of opening, but once they are opened then individuals are permitted to inspect them. As far as the project budget, the city's budget is public record, but if somebody knew something that wasn't written then that's interesting. Of concern to Mayor Taylor was how this individual knew all of this information and she wants to make sure the process is fair. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller reported on the ongoing matter with the special report by WSVN on Chief Cheryl Cason. He requested direction from the Commission on this matter. 16 Before spending money on litigation, Vice Mayor Johnson asked, is this a case the city can win? Attorney Geller replied, yes. Vice Mayor Johnson said if the City Attorney is comfortable then he is the attorney. Attorney Geller reported that mediation on the Flea Market case was rescheduled and he is hopeful that a settlement can be reached. He advised the Commission that it is possible to call for an executive session on this matter in the near future depending on the outcome of the mediation. Mayor Taylor directed the City Attorney to look into the EEOC classes available for city employees. She continued by asking whether the City Manager made a recommendation to the Commission relating to Becker & Poliakoff. Manager Finnie replied, no. The memorandum was sent so that there would be discussion, but he needs direction. Mayor Taylor stated to the City Attorney that the city must jump on the CRA quickly because the new county manager doesn't like CRA's. Attorney Geller said he would get with the City Clerk in an attempt to schedule a meeting with the Commission sitting as a CRA board. 22. CITY CLERK'S REPORT: Clerk Irby requested direction from the Commission on the next regular commission meeting which falls on the day before the Thanksgiving holiday. Vice Mayor Johnson stated for the record that the City Clerk would be working on the Holiday in the Park event scheduled for December 17, 2011. Mayor Taylor asked the City Clerk if she received any response from the Commission regarding changing the order of the agenda. Clerk Irby stated that she was in the process of getting feedback from other municipalities. Mayor Taylor brought up the date of the next commission meeting and asked the Commission if they wanted to cancel the Regular Commission Meeting of November 23, 2011 in observance of the Thanksgiving Holiday. 17 It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to cancel the Regular Commission Meeting of November 23, 2011. There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Not present Mayor Taylor Yes 23. MAYOR/COMMISSION REPORT: Commissioner Holmes announced that the 15th Annual Turkey Giveaway would be held on Friday, November 18, 2011 at 12:00 p.m., Historic City Hall (parking lot). Vice Mayor Johnson reported that her organization is working on the Martin Luther King essay contest (a copy of the flyer would be provided to the City Clerk) and the gala will be held on January 14, 2012 at the Marriott—Biscayne Bay. She stated that her organization will be a site for Fare Share distribution. She further spoke about bringing the Hiring Box to Town Center. Manager Finnie publicly thanked Vice Mayor Johnson for the Hiring Box. Mayor Taylor communicated with her fellow colleagues and requested that they submit their recommendations as to their vision for the city to the City Clerk. She continued by directing the City Attorney to continue meeting with representatives from the Opa-locka Executive Airport to express the city's opposition about changing the name of the airport. 24. OFFICIAL BOARD APPOINTMENTS: Commissioner Holmes reappointed John Riley as a member of the Charter Review Board. It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to appoint Arthaniel Mohammed to the Housing Authority Board. There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes 18 Commissioner Miller Not present Mayor Taylor Yes 25. ADJOURNMENT: There being no further business to come before the City Commission, it was moved by Commissioner Holmes, seconded by Commissioner Tydus to adjourn the meeting at 9:50 p.m. �--` • / MA Ai R ATTEST: CIT CLERK 19