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12- December 14, 2011 Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING December 14,2011 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, December 14, 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 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 Timothy Holmes and Commissioner Rose Tydus were not in attendance. 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: Mayor Taylor withdrew agenda item 19-3. Commissioner Miller deferred agenda item 19-2 to a later date. Vice Mayor Johnson said that she too was going to defer agenda item 19-3. She noted that with previous City Managers, she has taken the lead because of her experience in Human Resources to negotiate salary and benefits for the City Manager. Attorney Geller advised the Mayor that it would be best to have a motion. It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to allow Vice Mayor Johnson to take the lead in the terms of compensation for the City Manager. Regular Commission Meeting Agenda—12/14/2011 1 There being no further discussion, the motion passed by a 3-0 vote. Commissioner Miller Yes Vice Mayor Johnson Yes Commissioner Tydus Not present Commissioner Holmes Not present Mayor Taylor Yes The following resolutions were pulled from the Consent Agenda to be discussed separately under agenda item 15: 19-1 (Taylor); and 19-6, 19-7 (Finnie). Manager Finnie removed agenda item 19-8 and deferred agenda item 19-14. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): 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 3-0 vote. Commissioner Miller Yes Vice Mayor Johnson Yes Commissioner Holmes Not present Commissioner Tydus Not present Mayor Taylor Yes 7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The Mayor along with the City Commission presented Oria Rodriguez with a plaque and bouquet of roses in honor of her retirement after 30 years of service with the City of Opa- locka. S. APPROVAL OF MINUTES: Regular Commission Meeting— 11/09/2011 It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to approve the minutes of the Regular Commission Meeting of November 09, 2011. There being no discussion, the motion passed by a 3-0 vote. Vice Mayor Johnson Yes Commissioner Miller Yes Commissioner Tydus Not present Commissioner Holmes Not present Mayor Taylor Yes Regular Commission Meeting Agenda—12/14/2011 2 Due to the emergency of one of the add-on items, Mayor Taylor asked for guidance since the agenda could not be amended because 4/5 of the Commission was not present. Attorney Geller advised that if those commissioners present wanted to allow the City Manager to proceed with the emergency and be prepared to ratify, if necessary, they can individually say that, but they cannot legally take any action without four members present to amend the agenda. Vice Mayor Johnson stated that the resolution indicates there is an emergency and there is legislation that talks about ratification, therefore, the City Manager has the right through an emergency to ratify. Attorney Geller added that what Vice Mayor Johnson is saying is correct and the City Commission cannot amend this agenda, but the City Manager could present an emergency item at an emergency meeting announced or the members of the Commission could simply indicate their sentiments and vote for a ratification since it is an emergency. Mayor Taylor stated that this item is for an emergency and health hazard because of the sewage spill. According to the Charter, Vice Mayor Johnson said it was her understanding that a special meeting was not necessary for an emergency. However, the Charter allows the City Manager to rectify the emergency. Attorney Geller stated that in an emergency the City Manager is authorized to act, but per the recent discussions from the Commission, the City Manager has to be very careful on anything that's being ratified. The City Commission cannot amend the agenda due to the lack of four members being present, but the members present can express their sentiments to the City Manager so that he can act on the emergency. Vice Mayor Johnson stated that the City Manager must make sure that the Commission is aware of all emergency situations and he has the right to ratify in an emergency situation. She proposed a motion so that all foreseen emergencies should be addressed with through the City Manager. Attorney Geller suggested that the motion to deal with this item is for the Commission to say to the City Manager that this is appropriate circumstance for him to exercise his authority and to bring it back for ratification. It was moved by Vice Mayor Johnson, seconded by Commissioner Miller informing the City Manager that the Commission understands the pressing nature of the situation and urges him to exercise his authority to take emergency action bringing it back to the Commission for ratification. Vice Mayor Johnson added that the emergency is pump station 14 for an amount not to exceed $29,508.45 payable from account no. 35-535690. There being no further discussion, the motion passed by a 3-0 vote. Commissioner Miller Yes Regular Commission Meeting Agenda—12/14/2011 3 Vice Mayor Johnson Yes Commissioner Tydus Not present Commissioner Holmes Not present Mayor Taylor Yes 9. 17th CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 10. STATE SENATORS REPORT: As a part of state legislation, Vice Mayor Johnson said it was brought to her attention that the city must be cautious of the redistricting. Based on information she has read via the Web, it is a strong possibility the City of Opa-locka may be divided into three different areas. She expressed the importance of the city putting an action plan in place with a special meeting. Attorney Geller suggested that the Commission provide direction to the lobbyist so that the lobbyist could get engaged. Mayor Taylor suggested that the lobbyist provide a synopsis of what's going on as it relates to redistricting. Vice Mayor Johnson indicated that the city may not have time to wait on anybody. 11. STATE REPRESENTATIVES REPORT: State Representative Barbara Watson came forward and provided information on the redistricting and the redistricting maps. She asked the city to review the maps and provide input. Vice Mayor Johnson asked for updated information as it relates to FDOT and NW 27th Avenue. State Representative Watson stated that funds are being cut, but they will be searching for those dollars. 12. DISTRICT ONE - COUNTY COMMISSIONER REPORT: Larry Gardner, Miami-Dade County Commissioner Barbara Jordan's Office (District 1) announced that Commissioner Jordan and Councilman Oliver Gilbert are having a movie night on December 16, 2011 at 7:00 p.m. in the Betty Ferguson Amphitheatre. 13. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT: Stan Hillsman, Battalion Chief of Miami-Dade Fire Rescue came forward and mentioned a few changes that had taken place in the Fire Department relating to the hiring of a new fire chief, recent budget cuts and reorganization of the fire department. He further provided statistics for Opa-locka as it relates to fire rescue services in 2011. Regular Commission Meeting Agenda—12/14/2011 4 He further announced the fire department's annual toy drive to benefit needy families. 14. PUBLIC PRESENTATION: 14a. CITIZENS' FORUM: 1. Iris Fletcher of 2841 of NW 171 Terrace, Miami Gardens, Florida, appeared before the City Commission on behalf of LBS Special Angels non-profit organization and provided information on an upcoming toy giveaway for families with special needs to be held on Saturday, December 17, 2011 at 11:00 a.m. Vice Mayor Johnson informed Mrs. Fletcher that on December 17, 2011 the City of Opa- locka will have its 10th Annual Holiday in the Park. She went on to provide the process for partnering with the city for events. 2. John Riley of 2963 NW 135th Street, Opa-locka, Florida, appeared before the City Commission and spoke about the lawsuits filed against the city for its failure to uphold the charter which he mentioned during the budget process would impact the current budget. Although the city has to adhere to the Charter, Vice Mayor Johnson said that the Charter is antiquated. She indicated that she had requested on numerous occasions that the Charter must be revised. In addition, she has brought to the Commission the need for the city to conduct an audit on Human Resources due several concerns in that department. She continued to express her frustration as it relates to the City Attorney not moving forward with updating the Charter. She thanked Mr. Riley for keeping the Commission abreast. Mayor Taylor recalled previous legislation for updating the Charter. Attorney Geller stated that the resolution required the Commission to appoint members to a committee to revise the Charter; however, the Commission has not made any appointments. Mayor Taylor encouraged the Commission to make those appointments so that the City Attorney can move forward with revising the Charter. She agreed that some of the provisions in the Charter are causing the city to lose cases. She expressed her frustration with litigation costing the city money which could be going towards the laborers in the Public Works Department. Mayor Taylor stated that her philosophy is to try to keep these matters out of court as much as possible in an effort to keep the costs down. Regular Commission Meeting Agenda—12/14/2011 5 Attorney Geller added that the current matters are being handled by the city's insurance at no cost to the city. The attorney's on behalf of the city are working to see if those matters can be resolved. 3. Everlina Lewis of 601 Perviz Avenue, Opa-locka, Florida, appeared before the City Commission to voice her concerns relating to the noisy pump station on the corner of Sultan Avenue and Perviz Avenue which interferes with her sleep and is affecting her health due to the lack of sleep. Mayor Taylor directed staff to apologize to the resident on behalf of the city and make sure the noise is taken care of immediately. Manager Finnie apologized to the resident and noted that lift station 10 is on the agenda for design build. Mayor Taylor stated that although the item is on the agenda for a design build, she would like to know when the noise would be reduced. Manager Finnie advised that the station in on a bypass basis due to the public health issue and it will be a while before the noise could be addressed. The Mayor and City Commission directed the City Manager to find a short term resolution to reduce the noise from the pumps. Fritz Armand, Public Works Director for the City of Opa-locka came forward and explained that due to the complaints from Mrs. Lewis, the pump was replaced with the existing quieter pump. Manager Finnie said he would be able to provide the Commission with a snapshot as to when they would be able to get that pump station completed after the RFP is released and the proposals. Vice Mayor Johnson suggested that the City Manager and staff think it out and provide a report as to the plan of action to reduce the noise immediately. Mr. Armand informed the Commission that the pump must remain running at all time to prevent sewage spill in the street. 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 APPROVE THE DESIGNATION OF TWO SEPARATE BANKING INSTITUTIONS FOR THE DEPOSIT OF THE CITY'S FUNDS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by M.T. The above resolution was read by title by Attorney Geller. Regular Commission Meeting Agenda—12/14/2011 6 Mayor Taylor relinquished the gavel to Vice Mayor Johnson. It was moved by Mayor Taylor, seconded by Commissioner Miller to pass the above resolution. Mayor Taylor requested that the Commission look at the resolution as a way of not putting all of the city's funds in one bank, but having two separate banks. She made reference to BB&T which bought out Bank Atlantic and is already familiar with the city. Additionally, this would potentially increase the community involvement with two banks as oppose to one. Commissioner Miller was of the opinion that the city should leave all of its funds in one bank. From a business standpoint, Mayor Taylor said it is good to have more than one banking institution and this would be a good business move for the City of Opa-locka. There being no further discussion, the motion failed by a 2-1 vote. Commissioner Holmes Not present Commissioner Tydus Not present Commissioner Miller No Mayor Taylor Yes Vice Mayor Johnson No 2. (19-6) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ADVERITISE AND ISSUE A REQUEST FOR PROPOSALS (RFP) TO SOLICIT QUALIFIED CONSTRUCTION FIRMS TO PROVIDE DESIGN BUILD SERVICES FOR THE REPLACEMENT OF THE PORT SAID ROAD SEWER MAIN, BETWEEN NORTHWEST 132ND STREET AND 127TH STREET, WHICH WILL BE PAYABLE FROM ACCOUNT NUMBER 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to pass the above resolution. Manager Finnie referred to the attached RFP document attached to this item. He noted changes to pages 2 and 6 of the RFP document as follows: Page 2: 1.1 PURPOSE AND GENERAL INFORMATION Copies of this RFP can also be obtained from the City Clerk at the City of Opa-locka, 780 Fisherman Street, 4` Floor, Opa- locka, Florida. Page 6: 4.3 LITIGATION Regular Commission Meeting Agenda—12/14/2011 7 In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected officials or appointed officers, representatives or employees in relation to any matter. There being no further discussion, the above resolution passed by a 3-0 vote. Commissioner Miller Yes Vice Mayor Johnson Yes Commissioner Holmes Not present Commissioner Tydus Not present Mayor Taylor Yes 3. (19-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ADVERTISE AND ISSUE A REQUEST FOR PROPOSALS TO SOLICIT QUALIFIED FIRMS FOR DESIGN-BUILD SERVICES FOR THE RECONSTRUCTION OF PUMP STATION 10, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED AND SEVENTY-FIVE THOUSAND DOLLARS ($475,000.00), WHICH WILL BE PAYABLE FROM ACCOUNT NUMBER 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to pass the above resolution. Manager Finnie stated that the exact changes to the RFP document would be made as noted with the previous item. There being no further discussion, the motion passed by a 3-0 vote. Commissioner Tydus Not present Commissioner Holmes Not present Commissioner Miller Yes Vice Mayor Johnson Yes Mayor Taylor Yes 16. NEW ITEMS: 17. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 18. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: Regular Commission Meeting Agenda—12/14/2011 8 A. FIRST READING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING SECTION 21-80, DEPOSITS, OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND 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 Vice Mayor Johnson, seconded by Commissioner Miller to pass the above ordinance on first reading. There being no discussion, the motion passed by a 3-0 vote. Commissioner Holmes Not present Commissioner Tydus Not present Commissioner Miller Yes Vice Mayor Johnson Yes Mayor Taylor Yes B. SECOND READING/PUBLIC HEARING: C. RESOLUTION/PUBLIC HEARING: 19. ADMINISTRATION: CONSENT AGENDA: Items listed under the Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, the item(s) will be removed from the Consent Agenda and will be considered separately.All Consent Agenda Resolutions will be read by title. 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO MAKE PAYMENT OF FOURTEEN THOUSAND FOUR HUNDRED FORTY-ONE DOLLARS AND TWENTY-THREE CENTS ($14,441.23) TO SUNGARD PUBLIC SECTOR (PLUS SERIES SOFTWARE) FOR YEARLY SOFTWARE MAINTENANCE, PAYABLE FROM ACCOUNT NUMBER 14-512528; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES AND PROVIDE REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA, Regular Commission Meeting Agenda—12/14/2011 9 PAYABLE FROM ACCOUNT 19-519493; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ADVERTISE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR QUALIFIED FIRMS TO COMPLETE A PHASE 1 ENVIRONMENTAL SITE ASSESSMENT FOR THE HELEN MILLER CENTER AT SEGAL PARK, IN AN AMOUNT NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000.00), PAYABLE FROM ACCOUNT NUMBER 44-541814; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, FOR THE FY 2012 PUBLIC LANDS HIGHWAYS DISCRETIONARY (PLHD) PROGRAM REQUESTING FUNDS IN THE AMOUNT UP TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, FOR THE FY 2012 TRANSPORTATION, COMMUNITY AND SYSTEM PERSERVATION (TCSP) PROGRAM, REQUESTING FUNDS IN AN AMOUNT UP TO FIVE HUNDRED THOUSAND DOLLARS ($500,000.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. 12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE FY 2011 COMMUNITY CHALLENGE GRANT AWARD FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) OFFICE OF SUSTAINABILITY IN THE AMOUNT OF SIX HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED SEVENTY-NINE DOLLARS ($624,479.00) WITH A CASH MATCH OF $30,000.00, PAYABLE FROM ACCOUNT NUMBER 37-515312; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFF'ECTIVE DATE. Sponsored by C.M. 13. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A DEVELOPER'S AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, GEORGIA AYERS APARTMENTS, LLC, THE BISCAYNE HOUSING GROUP AND THE CARRIE MEEK FOUNDATION, AND GONZALO DE RAMON REGARDING GEORGIA AYERS APARTMENTS, PURSUANT TO CITY ORDINANCE NO. 86-8 LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 13280 PORT SAID ROAD, FOLIO NO.'S 08-2128-007-0140; 08-2128-007-0132; 08-2128-007-0130; 08- Regular Commission Meeting Agenda—12/14/2011 10 2128-007-0131; 08-2128-007-0120; AND 08-2128-007-0150; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above consent agenda resolutions were read by title by Attorney Geller. It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to pass the above consent agenda resolutions. The motion passed by a 3-0 vote. Commissioner Tydus Not present Commissioner Holmes Not present Commissioner Miller Yes Vice Mayor Johnson Yes Mayor Taylor Yes A. CITY MANAGER'S REPORT: Manager Finnie briefly apologized for the current condition of the city's lift stations and said he would do everything within his power to make sure the lift stations are fast tracked. In working with the Public Works Department and the Finance Department to address the lift stations, he said he may need to request a workshop to further discuss the lift stations and infrastructure. He requested that the Commission allow him to continue the city's relationship with Becker & Poliakoff for an additional year to allow the city to get stabilized with certain issues in Tallahassee including redistricting negotiations. He continued to announce that two Opa-locka police officers were nominated by the Law Enforcement Charity Fund (LEO) for outstanding public safety service — Lawrence Holborrow and Henry Payoute. After meeting with staff regarding the Employee Appreciation Banquet, it was determined that additional time was needed to plan the event for the employees. This event is tentatively rescheduled to January 6, 2012. He further informed the Commission of the upcoming events: Miami-Dade County Days 2012 and the Florida Conference of Black State Legislators. Manager Finnie went on to say that he would be contacting the members of the Commission to discuss where the city is as it relates to staffing and what is needed for the future. As it relates to engaging the lobbyist for an additional year, Vice Mayor Johnson advised the City Manager that item must be done by a resolution. She suggested that the City Attorney, City Clerk and City Manger review the agreement on record to see if it expired. If so, then it needs to come back as a resolution. Regular Commission Meeting Agenda—12/14/2011 11 She continued by thanking the City Manager for the lights on NW 22n1 Avenue which were out for 18 months; decorative street lights; and the clean up behind Top Value. She directed the City Manager to send a courtesy letter to Commissioner Jordan's Office for championing the NW 22n1 Avenue lights. She further expressed her concerns relating to the lights being out on NW 27th Avenue between Burlington Street to NW 137th Street and loud explicit music being played on the weekends. She requested an increase in community policing due to the youth playing in the streets. She went on to speak about the vehicles traveling the wrong way on State Road 9 (fork near the Fish Market) which must be addressed immediately to avoid accidents. Of concern to Commissioner Miller was the illegal parking along NW 22nd Avenue. She also asked the City Manager if he followed up on the apartments on NW 22n1 Avenue that don't have a dumpster and the garbage is being dumped on the ground. Manager Finnie advised that staff was working on that issue. Mayor Taylor stated that she was contacted by a building official from Miami-Dade County concerning one of the city's elected officials, Councilman Jordan. Of concern was that Jordan Leonard used his elected official title from another municipality to represent the City of Opa-locka. The building official from the county indicated that the discussion was relating to the county coming into the city's building department, but this has not come before the City Commission for the city to outsource the building department. She said she was also surprised that the building official was not included. She continued to express her frustration relating to comments allegedly put out by the City Manager relating to her having a 10% interest in Rainbow Paving. Based on the City Manager's alleged comments, this company has been unsuccessful in securing work. For the record, she said that Rainbow Paving hasn't given her a glass of water, let alone money and they've never even made a political contribution to her campaign. She said she has nothing to do with Rainbow Paving. If Rainbow Paving is not getting any work because of her, she suggested that the City Manager look into this issue because it is not fair and it is not right. She further requested a copy of the current pay plan and a list of employees with salaries. Also, she asked, who determines the pay scale for the City of Opa-locka. If the city does it, then she would like to know what the pay scale is based on. Mayor Taylor expressed the importance of repairing the sidewalks citywide and requested that the City Manager address this expeditiously. As it relates to the street lights assessment, the only thing she saw with that is that there is a broken base at the corner of Burlington Street and Opa-locka Boulevard. She requested a list of department accomplishments for 2011. She requested that the City Manager make sure the city has their package ready to present in Tallahassee and that the necessary appointments are made. Regular Commission Meeting Agenda—12/14/2011 12 She continued by saying that there is a place for a plaque in the front of Historic City Hall and requested that a plaque with the elected officials is put in the space. She requested that the City Manager create a workshop in January for an update on the status of Town Center One and Sherbondy Park. She further indicated that she was glad the Employee Appreciation Banquet was rescheduled because the employees deserve more than just something put together. She suggested that the committee consider having the banquet at night so the employees could invite their relatives. Vice Mayor Johnson stated that whatever correspondence the city may have relating to Sherbondy Park should be provided to the Commission. Because she championed for the community center along with former Mayor Joseph Kelley, she doesn't want to mislead the people, and therefore, she wants to see whatever correspondence is available that says something different. She further asked for further information relating to the issue brought up by Mayor Taylor as it relates to outsourcing the Building Department. Mayor Taylor stated that the information about Sherbondy Park that she received from the county attorneys was provided to the City Attorney and she assumed that the City Attorney was going to provide the Commission with a copy. Both Commissioner Miller and Vice Mayor Johnson stated that they had not received a copy of the correspondence provided to Attorney Geller. Manager Finnie informed the Commission that he would put a package together on Sherbondy Park and in that package would be the item that Mr. Geller has. Both Commissioner Miller and Vice Mayor Johnson stated that they should not have to ask for this type of information. Vice Mayor Johnson requested that the document be provided to her the following day. Mayor Taylor stated that the issue with the Building Department was not a rumor. She provided details relating to how she found out about this matter. Vice Mayor Johnson said that she wants everything to be clear so that it doesn't get twisted. She explained that sometimes people automatically make assumptions based on a person title although that person may not be acting in that capacity. Mayor Taylor stated that her point to the City Manager was clear because a person cannot misrepresent themselves. This individual had no idea because he said this is one of your Councilmen and she didn't make that up and it is not gossip. She clarified that her concern is misrepresentation and if there is going to be a move of the city going with the county then the Commission should have been informed that this was on the table and the building official should have been a part of that. Regular Commission Meeting Agenda—12/14/2011 13 B. ACCOUNTS PAYABLE: Carol Conol, Assistant Finance Director for the City of Opa-locka came forward and informed the Commission that the financial reports for October and November 2011 are provided in the packets. For the record, she stated that the city has $565,000.00 cash reserves deposits in the city's bank of record, Wells Fargo Bank. Vice Mayor Johnson requested that the Commission be provided with the interest earned on the city's accounts. Mrs. Conol stated that the information would be included as part of the financial reports. Vice Mayor Johnson asked, does the city have $565,000.00 in the account? Mrs. Conol replied, yes. Vice Mayor Johnson asked, does the city have one account? Mrs. Conol stated that the city has one account for the $565,000.00 specifically. The city has approximately 12 accounts with Wells Fargo. Vice Mayor Johnson requested to be provided with a list of all accounts, amount in each account and interest earned by December 15, 2011. 20. OFFICIAL BOARD REPORTS: 21. CITY ATTORNEY'S REPORT: Attorney Geller provided a report on the Flea Market case and the water bill issue at Aswan Village. He reported that the law firm Ruden McClousky has joined Greenspoon Marder and there may be further changes of which he would keep the Commission posted on. Vice Mayor Johnson complimented Attorney Geller on his participation at the Ethics training. She directed the City Attorney to read all legislation for legal sufficiency; look at the impact fee for all the development in the Magnolia North area; fast forward the foundation; and provide a summary to the Commission on everything the City Attorney is meeting with her as it relates to the foundation. As it relates to the charter revisions, she indicated that the former attorney was working on that and when Mr. Geller joined the city, she asked him to follow up with Ms. Weeks, but she doesn't know what happened. Attorney Geller stated that he spoke to the former attorney and she indicated what they had been doing, but that it was addressing some specific charter sections and it was made clear to him that what the Commission wanted was a comprehensive rewrite of the entire charter. Regular Commission Meeting Agenda—12/14/2011 14 Vice Mayor Johnson stated that when August comes, the city needs Charter Amendments that have to go to the citizens. She requested that the City Attorney fast forward the Charter revisions. She stated that the railroad tracks in the City of Opa-locka don't look like the railroad tracks in the neighboring cities. With that in mind, she directed the City Attorney to do some research to see what it will take, but this needs to get done. Lastly, she stated to the City Attorney that she does not want to receive his bi-monthly reports the day of the commission meeting, but provided with the agenda package. This also applies to the reports from the City Clerk and City Manager. Mayor Taylor asked Attorney Geller if he is involved in the CSX matter. Attorney Geller stated that under the previous administration it was the City Manager, but he has discussed this matter with Mr. Finnie. The proposal CSX made was rejected by the city as being unsatisfactory. Mayor Taylor stated that she has reached out to Congresswoman Frederica Wilson and she has made contact with CSX. At some point, perhaps the City Manager could have a conference on this issue. As it relates to the 22nd Avenue Apartments, she said that the Commission didn't receive a report as to where the city goes from here. Attorney Geller provided a report on the NW 22nd Avenue Apartments and said he would get with the building official for a more recent update. Mayor Taylor inquired about the two lots on each side of those apartments for the possibility of turning those lots into playground space for the children. 22. CITY CLERK'S REPORT: Clerk Irby provided an update to the Commission relating to the redistricting. This information would be provided to the Commission. Vice Mayor Johnson suggested that the City Clerk send out the redistricting information via the CodeRed system. She thanked the City Clerk's Office for the quick turn around relating to the decorations to the Christmas tree and Historic City Hall. She requested an updated copy of all the boards and committees, forward copy of the citizens' bill of rights and make available to the IT department for posting on the city's website. 23. MAYOR/COMMISSION REPORT: Regular Commission Meeting Agenda—12/14/2011 15 Commissioner Miller announced the Holiday Luncheon scheduled for Thursday, December 15, 2011 at 12:00p.m. She went on to inform the Commission that she sent them a memorandum setting a date for the CRA meeting for Thursday, January 19, 2012 at 11:00 a.m. She further requested that the City Manager provide further clarification on what the Mayor spoke about relating to the city's Building Department. Manager Finnie said he requested Jordan Leonard to contact Miami-Dade County to set up a meeting because in the budget he was charged with looking at ways to save money. He began to look at the Building Department and met with Charlie to understand how the system works. It was nothing but an exploratory meeting to understand how the Building Department and the system work for educational purposes. Vice Mayor Johnson reported her attendance at the Crime Watch Meeting, Miami-Dade County Best Practices Conference, Town Hall Meeting in Miami Gardens hosted by the Superintendent of Schools, Science Fair in Miami Gardens and the Florida League of Cities Legislative Conference. She said she met with the Regional Superintendent from the school board on the out of school suspension and is currently having dialogue with FAA with an initiative to be held on July 4, 2012. She continued to say that the city is receiving great feedback on the Hiring Box located at Town Center. She further stated that her organization has completed the application process for Farmshare to allow for distribution of food throughout the city. Also, she has submitted an application for a small grant to help with irrigation to help out at the community educational garden. Mayor Taylor reported her attendance at the Florida League of Mayors meeting and the Miami-Dade County League of Cities Best Practices Conference which she would like for the city to consider having displays at future conferences that would showcase the city. She informed Commissioner Miller that she was fine with the CRA meeting on January 19, 2012 just as long as it was in the morning. She further requested the pleasure of the Commission as it relates to the next city commission meeting which falls after the Christmas holiday on December 28, 2011. Commissioner Miller, Vice Mayor Johnson and Mayor Taylor agreed on canceling the Regular Commission Meeting of December 28, 2011 due to the holiday season. Mayor Taylor announced Vice Mayor Johnson's annual Holiday in the Park toy giveaway on Saturday, December 17, 2011. 24. OFFICIAL BOARD APPOINTMENTS: Regular Commission Meeting Agenda—12/14/2011 16 25. ADJOURNMENT: There being no further business to come before the City Commission, the meeting was adjourned at 9:24 p.m. M OR ATTEST: CITY CLE Regular Commission Meeting Agenda—12/14/2011 17