Loading...
HomeMy Public PortalAbout06-June 08, 2016 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,June 8, 2016 7:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra Taylor called the meeting to order at 7:00p.m. on Wednesday, June 8, 2016 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: Acting City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Mayor Myra Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: pulled 13-3 (Commissioner Kelley). NEW ITEMS: 14-1: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE "STATE AND LOCAL AGREEMENT OF COOPERATION BETWEEN THE GOVERNOR AND THE CITY OF OPA-LOCKA, FLORIDA" (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor & City Commission It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to amend the agenda to include the above resolution as item 14-1. Regular Commission Meeting Minutes—6/08/2016 1 There being no further discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY AND APPROPRIATE TO ACCEPT THE BID FROM BOFAM CONSTRUCTION, INC., FOR CITY OWNED PROPERTY IDENTIFIED BY FOLIO: 08-2122-003-1690, LOCATED AT 1801 ALI-BABA AVENUE FOR A BID OF $7,350.00; TO EXECUTE ALL DOCUMENTS NECESSARY AND APPROPRIATE TO EFFECTUATE THE SALE OF THE PROPERTY IDENTIFIED HEREIN; AND TO AUTHORIZE THE CITY ATTORNEY TO PREPARE THE NECESSARY TITLE AND SELLER DOCUMENTS IN FURTHERANCE OF THE SALE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to amend the agenda to include the above resolution as item 14-2. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A BENEFIT PACKAGE FOR THE CITY MANAGER WHILE ON MEDICAL LEAVE OF ABSENCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Holmes It was moved by Vice Mayor Holmes, seconded by Mayor Taylor to amend the agenda to include the above resolution as item 14-2. There being no discussion, the motion failed by a 2-2 vote. Commissioner Kelley No Commissioner Santiago No Vice Mayor Holmes Yes Mayor Taylor Yes 14-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PERMIT THE CITY TO MOVE FORWARD WITH ZONES 1, 2, AND 6 OF THE CITY'S DRINKING WATER, WASTEWATER, AND STORM WATER UTILITY PROGRAMS AND TO PROVIDE THE NEEDED Regular Commission Meeting Minutes—6/08/2016 2 FUNDING UNDER THE REVOLVING LOAN PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to amend the agenda to include the above resolution as item 14-4. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—05/11/2016. It was moved by Commissioner Santiago, seconded by Commissioner Kelley to approve the minutes of the Regular Commission Meeting on May 11, 2016. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, District I, Commissioner Barbara Jordan's Office, said that he does not have any reports or announcements at this time, but will take any issues or concerns back to Commissioner Jordan. Mayor Taylor thanked Mr. Gardner for having the graffiti removed off of the hospital building. District II was not in attendance. Regular Commission Meeting Minutes—6/08/2016 3 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Mayor Taylor opened the floor for citizens' input; there being no persons to speak, Mayor Taylor closed the floor for citizens input. 12. ACTION ITEMS: 1 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE SALARY OF $110,000.00 (ONE HUNDRED TEN THOUSAND DOLLARS) FOR YVETTE HARRELL WHILE SERVING AS ACTING CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley for discussion. Commissioner Kelley said that his comment is nothing personal against Ms. Harrell, but the City needs someone with more experience in management. He said that while she is an attorney and is professional, she lacks the experience for the position. He said that he cannot support the item. Section 3 of the resolution says that she will be entitled to the benefit package customary to all city managers. Previous managers have been given different packages and even some receiving generous benefits and he does not understand what it means for her. He said that the attorney told him that there is no clear cut policy for being on medical leave and he wants there to be one in place since there are loop holes all of a sudden when it comes to managers. He is challenged by the fact that there will be now three managers past and present receiving benefits packages and also said that the City cannot afford one hundred ten thousand dollars ($110,000.00). He cannot support it at this time. Commissioner Santiago asked the manager when she started as acting city manager. Acting City Manager Harrell said that she started on May 19, 2016. Commissioner Santiago asked the manager what was her current salary. Acting City Manager Harrell said that she makes fifty five thousand dollars ($55,000.00). Commissioner Santiago said that the salary is too low for the job that she is doing and wants to amend the resolution to eighty five thousand dollars ($85,000.00) since the City cannot afford to pay it. Vice Mayor Holmes asked the attorney when Mr. Shiver's contract will be terminated. City Attorney Brown said that the second pay period in June will be Mr. Shivers last. Vice Mayor Holmes asked the attorney what was the status on David Chiverton. Regular Commission Meeting Minutes—6/08/2016 4 City Attorney Brown said that Mr. Chiverton is not receiving any compensation and will receive twelve weeks of benefits under the Family Medical Leave Act (FMLA). Vice Mayor Holmes said that the benefits package that he proposed tonight would have allowed Mr. Chiverton to receive compensation for the next three months until he gets on his feet but it did not pass. He said that he is trying to help. He also proposed to amend the resolution to approve a one hundred thousand dollar ($100,000.00) salary for the acting manager because she is working hard by herself. Commissioner Kelley said that he still have not received an answer regarding the benefit package. He asked if Mr. Chiverton will still receive medical benefits even though they just voted the resolution down tonight. City Attorney Brown said that the FMLA entitles Mr. Chiverton to twelve (12) weeks of medical benefits. Commissioner Kelley asked the attorney what is the benefits package that comes with the acting manager's salary. The position will come with more than a salary; there is a vehicle, insurance, etc... The City cannot afford that at this time. Vice Mayor Holmes asked the commission to reconsider approving a benefits package for Mr. Chiverton until he is able to return to work. Commissioner Santiago said that he knows that the acting manager is working hard, but her position is temporary. He said that when Mr. Chiverton comes back there will be two managers and it will be at a cost to the City. He said that the amendment can be done now and when the state comes in and provides assistance, and then there may be room for an increase at that time. Mayor Taylor asked Commissioner Kelley if he wanted to propose an amendment on the resolution since he does not support it. Commissioner Kelley said that he has not received an answer to any of his questions so he still does not support it. Mayor Taylor asked the attorney to answer Commissioner Kelley's questions regarding the benefits package. City Attorney Brown said that the amounts vary according to the specific contracts of previous managers so there is no set amount. He said that the standard perks outside of the salary is a car allowance, health insurance, IMCA deferred compensation for retirement, etc... he said that he does not know what the dollar amount is. The resolution was amended as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE SALARY OF $85,000.00 (EIGHTY FIVE THOUSAND DOLLARS) FOR YVETTE HARRELL WHILE SERVING AS ACTING CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Attorney Regular Commission Meeting Minutes—6/08/2016 5 It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the amendment. There being no further discussion, the motion on the amendment passed by a 3-1 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley No Mayor Taylor Yes There being no further discussion, the motion on the resolution passed by a 3-1 vote. Commissioner Kelley No Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Mayor Taylor thanked Acting City Manager Harrell for continuing to do a good job by herself. 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD AN AGREEMENT AND EXECUTE AN AGREEMENT WITH UNITECH BUILDERS CORP. IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND EIGHT HUNDRED EIGHTY DOLLARS ($357,880.00); FOR THE DESIGN BUILD SERVICES FOR THE NW 38TH AVENUE DRAINAGE PROJECT FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPROPORIATION FUNDS; PAYABLE FROM ACCOUNT NUMBERS 44-541809 AND 76-538340 PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO EXECUTE A WAIVER OF CONFLICT WITH WEISS SEROTA, ET AL., (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DELETING DAVID CHIVERTON AS SIGNATORY AND ADDING YVETTE HARRELL (ACTING CITY MANAGER) AND CHARMANIE PARCHMENT (FINANCE DIRECTOR) AS SIGNATORIES FOR ALL CITY FINANCIAL INSTITUTION ACCOUNTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolutions were read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the resolutions. Regular Commission Meeting Minutes—6/08/2016 6 There being no discussion, the motion on the resolutions passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 14. NEW ITEMS: 14-1: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE "STATE AND LOCAL AGREEMENT OF COOPERATION BETWEEN THE GOVERNOR AND THE CITY OF OPA-LOCKA, FLORIDA" (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor & City Commission The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, the floor was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the resolution. Commissioner Kelley asked for clarity with EXHIBIT "A" as it relates to the City entering into contracts without permission from the state. City Attorney Brown explained that existing contracts are fine, but the City cannot enter into any new agreements without permission from the state. He informed the commission that they had an independent duty to report any activities or failures to the state. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY AND APPROPRIATE TO ACCEPT THE BID FROM BOFAM CONSTRUCTION, INC., FOR CITY OWNED PROPERTY IDENTIFIED BY FOLIO: 08-2122-003-1690, LOCATED AT 1801 ALI-BABA AVENUE FOR A BID OF $7,350.00; TO EXECUTE ALL DOCUMENTS NECESSARY AND APPROPRIATE TO EFFECTUATE THE SALE OF THE PROPERTY IDENTIFIED HEREIN; AND TO AUTHORIZE THE CITY ATTORNEY TO PREPARE THE NECESSARY TITLE AND SELLER DOCUMENTS IN FURTHERANCE OF THE SALE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes—6/08/2016 7 The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, the floor was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley to pass the resolution. There being no discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes 14-4: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PERMIT THE CITY TO MOVE FORWARD WITH ZONES 1, 2, AND 6 OF THE CITY'S DRINKING WATER, WASTEWATER, AND STORM WATER UTILITY PROGRAMS AND TO PROVIDE THE NEEDED FUNDING UNDER THE REVOLVING LOAN PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak, the floor was closed. It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 17. CITY MANAGER'S REPORT: Acting City Manager Harrell told the commission that she has forwarded a package to each of them and is available to answer all of their questions at this time. She also announced that she Regular Commission Meeting Minutes—6/08/2016 8 has been in constant contact with the state and has been compliant in sending requested information as needed. She said that a committee is being convened to come in and assist the City with its financial issues. Mayor Taylor asked the attorney if he had anything to report. City Attorney Brown said that he wanted the commission to be aware that the City is being sued by Tom Marko. He was in court this morning and he spoke with Mr. Grayson who said that the City is also being sued by Grace Academy International Charter School who is located on the second floor of the municipal complex. He told the commission that since they are being sued, to save money they will wait to receive the suit and then respond by filing a counter claim into their suit. He said if he has not received the suit by Friday, he will begin the eviction process and seek damages where necessary. He let the commission know that if Tom Marko has sued, then he is certain that Steve Shiver will do the same in the near future. Mayor Taylor asked the commission if they had anything else for the manager before the meeting moves forward. Commission Kelley said that he sent the manager some e-mails and she responded to the majority of them and he appreciates it. He told the mayor that as a sign of unity, he would like the commission to reconsider him voting to allow the increase for the manager. He said that at this time it will be good in the eyes of the state. City Attorney Brown said that the motion has to come from the prevailing side. Mayor Taylor made a motion for reconsideration for item 13-3. It was moved by Commissioner Santiago, seconded by Mayor Taylor for reconsideration. There being no further discussion, the motion on the reconsideration passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Mayor Taylor Yes Vice Mayor Holmes Yes It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Commissioner Santiago said that he did not hear what the attorney said about the lawsuits. Regular Commission Meeting Minutes—6/08/2016 9 City Attorney Brown said that he gave a list of pending litigation for lawsuits which includes Tom Marko and Grace Academy. He said that he is certain that Steve Shiver will do the same. Commissioner Santiago told the manager that he knows that she has a hard job, but he wants everything done regarding the City to be transparent. He said that he wants to know who made the deal for the school to be in the building and how are they in a position to sue. He said that he will not sit by quietly while the commission is blamed for everything that goes wrong with the City. He said that he will not accept that anymore if something is wrong. The community comes to the commission for every problem and he does not want any special favors that anyone made regarding the school; they need to pay. The building should be generating funds to pay for itself. He said that over at the other revenue generating departments including Parks and Recreation Department there is money that should be collected regarding the use of the building and it is not being collected. The water bills are too high and something is wrong with the billing situation. Residents should be paying for water that they use. He told the manager to work on the situation with the water bills. Vice Mayor Holmes asked the attorney when did Mr. Chiverton get sick. City Attorney Brown said that it was May 18, 2016. Vice Mayor Holmes said that Mr. Chiverton is sick. He has been in and out of the hospital and he is sick. He said that he knows that he has cash in his sick and annual leave, but the purpose of the resolution is to help him get back on his feet. He wanted the salary to help him out. He did not speak with his colleagues about it in advance because he knows that he would have violated the law, but he would like to see the resolution pass for Mr. Chiverton. Mayor Taylor asked the manager about the grants that the City has in terms of the revenue that is coming into the City. She told the manager that she also wants a report of the crime rate that is currently in the City. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Kelley invited everyone to the Father's Day Fishing event that will be held this Saturday at Ingram Park from 9:30— 12:00p.m. The pool will be open this summer for everyone. The youth summer employment program will be going on for the summer and youth will be employed and working for the City. Farm Share fed over four hundred (400) residents on last week. Feeding South Florida will be next Friday at Segal Park. Vice Mayor Holmes acknowledged a woman in the crowd that will be providing one hundred and fifty (150) lunches to the youth at the park. He asked her to come to the podium and speak. Bridget McKinney said that she is the CEO for Professional Sharing With a Purpose called PSWAP. She said that she has reached out to several organizations and she will be offering free swimming lessons to the youth in summer camp and giving away free life jackets. Regular Commission Meeting Minutes—6/08/2016 10 Mayor Taylor and Vice Mayor Holmes thanked Ms. McKinney for providing the service to the youth. Commissioner Kelley asked the manager if the services Ms. McKinney is offering is the same as the current services being offered at the park. Acting City Manager Harrell said that is an additional service. Commissioner Kelley said that while he supports services for the youth, the City does not need to have duplicate services. He said that he spoke to Mr. Chiverton in the past and requested that staff be trained to provide CPR and teach the youth how to swim. Mayor Taylor encouraged everyone to vote and reminded them that the Miami-Dade County Elections Department will be visiting the City on this coming Monday from 3:00 — 5:00p.m. to provide voter services. She thanked the manager for all the work that she is doing on behalf of the City. Commissioner Santiago invited everyone to Bingo Night on the 17th of this month; also the 4th of July event is still scheduled as advertised. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to adjourn the meeting at 8:20pm. MAYO' ATTEST: CITY CLERK Regular Commission Meeting Minutes—6/08/2016 11