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HomeMy Public PortalAbout10-October 26, 2016 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, October 26, 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 7:00 p.m. on Wednesday, October 26, 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 John Riley, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Newell Daughtrey. 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: withdraw 13-5 (Mayor Taylor); withdraw 13-3 (City Manager Harrell); pulled 13- 6 and 13-7 (Commissioner Kelley); pulled 13-1 (Vice Mayor Holmes) A request was made to amend the agenda as follows: NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING THE CITY CANVASSING BOARD AS SET FORTH IN SECTION 8.5-9 OF THE CODE OF ORDINANCES OF THE CITY OF OPA- LOCKA, FLORIDA, FOR THE NOVEMBER 29TH 2016 SPECIAL ELECTION; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF Regular Commission Meeting Minutes—10/26/2016 1 ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to amend the agenda to include the above resolution as item 14-1. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—09/28/2016. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Regular Commission Meeting on September 28, 2016. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes Special Commission Meeting— 10/14/2016. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to approve the minutes of the Special Commission Meeting on October 14, 2016. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes—10/26/2016 2 Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Mayor Taylor requested that the city manager provide a report before opening the floor for citizens input. City Manager Harrell said that the water bills are an ongoing issue. Several residents came to city hall to express their concern over the billing. The bills were inaccurate and the City is working with the county and is now recording accurate readings. She urged residents to pay the amount that they paid last month on their bill for this month. The bills will reflect the payments made as well as the adjustments Commissioner Kelley said that he wants to make sure that all of the residents who were affected are contacted and informed of the City's intention to straighten out the billing issues. City Manager Harrell said that each and every water customer will receive a notice stating the changes that have occurred with the water bills. Commissioner Santiago said that some residents may not hear the meeting and will want to know what is going on with their bill. He hopes that everyone will receive the letter. Deborah Sheffield Irby, 14202 NW 17th Avenue, said that she was coming before the commission tonight to discuss the water bills, but since the city manager gave her report, she is going to hold off on what she was going to say. She said that item 16-2 is talking about the hours of operation for liquor stores. The City has been doing fine with the hours of operation as they are and she would like to see it left alone. If it is working then don't bother it. Dorothy Johnson, 13724 NW 22nd Place, said that she is not a lobbyist and she does not appreciate how she was handled at the last meeting; it does not need to happen. She said that the City is not in a position to increase anyone's salary especially since the lower level employees have not been given an increase. The City cannot afford it. She thanked the city manager for having the bulk waste collected before the storm and said that the City has an issue with large rats that look like raccoons. She said that as of 2014 the city commission does not care about the opinions of the citizens and she was really disappointed about some of the things that occurred at the last meeting. Norma Henry, 240 Seaman Avenue, said that she heard what the city manager said about the water bills, but she does not believe it is her situation. She wants an accurate reading of her account. Regular Commission Meeting Minutes—10/26/2016 3 Celia Pruitt, 2350 NW 141 Street, said she is here for herself and her 90 year old neighbor who lives alone, but is now receiving high water bills. Something needs to be done. City Manager Harrell advised Ms. Pruitt to pay the same bill that she and the neighbor receive on last month until the City straightens out the issue. Tamara Dulsio, 13480 Port Said Road, said that she has not received a water bill in five (5) months and it is becoming frustrating. She said that it is not fair to her or the elderly. Also, there should be workshops for small businesses that want to come into the City. Eric Redmon, Villa Francine, said that women should have equal rights to a fair position in the workplace and the salary that comes with it. The city manager does her job and her agreement should be compensated fairly. Matthew Pigatt, 1300 Peri Street, said that he has several concerns with the agenda. UWS has been problematic in the City for a while now. It was recommended by the oversight board and the city manager to go along with Waste Management as the garbage collector for the City. All of a sudden the city manager has changed her mind and has made the decision to keep UWS as the waste hauler for the City. He said that he can understand why these decisions are being made from looking at some of the campaign treasurer's reports and some of the sponsors that are sponsoring the current legislation. The city manager has changed her position on the waste haulers and is now receiving a one hundred and fifty thousand dollar ($150,000.00) raise and it is obvious what is going on here in the City. As a resident, he wants it to be known that this type of behavior has to stop. Commissioner Riley said that he is co-sponsor of the item and he has no campaign contributions that are questionable. To make that kind of accusation is not fair. John, 2316 Service Rd, allowed Dorothy Johnson to speak for him. Mrs. Johnson said that even though she might be speaking to deaf ears, she wants it on record that no should be allowed to interject during citizens forum. She does not know if the policy has changed, but only the citizens should be allowed to speak. If the policy has changed, then the community needs to know what their positions will be. Celia Pruitt, 2350 NW 141st Street, said that no one is checking to make sure the workers are doing their job because the area behind her house is not being maintained. People are getting paid to do nothing. Robert Turino, Director of Operations for UWS, 3121 NW 131st Street, said that he is commenting on Mr. Pigatt's statements about UWS receiving multiple complaints. He said that his company has not received any complaints and if Mr. Pigatt has a personal complaint that he would like to make with the company, he is more than welcomed to come into the office. Alvin Burke, 1240 Jann Avenue said that his finances can be checked and it will show that he has not received a dime from UWS. He said that the workers want to know that they will have a job if another waste hauler is chosen. They are residents and should not be put on the streets. 12. ACTION ITEMS: Regular Commission Meeting Minutes—10/26/2016 4 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE CERTAIN PARCELS OF LAND ON CAIRO LANE (EXHIBIT "A") AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS (EXHIBIT `B") NECESSARY TO EFFECTUATE THE PURCHASE OF SAID PARCELS OF LAND (EXHIBIT "C") FOR AN AMOUNT NOT TO EXCEED $45,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley The above resolution was read by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley for discussion. Vice Mayor Holmes asked the city manager why the City is attempting to purchase land on Cairo Lane. City Manager Harrell said that it is necessary to purchase the land so that the work that needs to be done can be complete. Mayor Taylor asked where the money is going to come from to purchase the land. City Manager Harrell said that the money will come from the water and sewer funds. Commissioner Santiago said that it does not matter where the money is coming from as long as the work is done on Cairo Lane. Mayor Taylor said that it should always matter where the money is coming from. Commissioner Kelley agreed with Mayor Taylor. He asked the city manager if the state revolving loan funds can be used to purchase the land. City Manager Harrell said that the state revolving loan fund has been suspended and those funds cannot be used for this type of purchase. Commissioner Kelley said that he is going to support the item. City Attorney Brown said that he spoke to the attorney for the land owners who are holding out and he was uncomfortable with the tone of the conversation. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO Regular Commission Meeting Minutes—10/26/2016 5 ENTER INTO AGREEMENTS WITH UNIVERSAL WASTE SERVICES (UWS) OF FLORIDA, INC., TO PROVIDE CITYWIDE RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Santiago and Commissioner Riley The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Santiago for discussion. Vice Mayor Holmes asked the sponsor for clarity on the item. Commissioner Riley said that he read the bid and understands why the manager changed her recommendation. The savings is about a half of a million dollars and the numbers don't lie. Commissioner Santiago said that he going with the recommendation of the manager. Commissioner Kelley said that he is all for savings for the City, but he does not like how the item came about. The commission had given the manager one hundred and twenty (120) days to come back to them with her recommendation for a waste hauler after looking at all of the possibilities. The commission should not have sponsored this item and it should have come from the manager. He said that there are no documents that have been presented to the commission that shows the comparison between all of the companies with a clear understanding of everything. He does not understand the hurry and he does not like how this is being handled. Vice Mayor Holmes said that he is disappointed with what is going on and he is not going to support UWS. Commissioner Riley said that he read the bid and knows the cost savings and that is why he sponsored the item. Commissioner Kelley said that he does not like that the oversight board sees information before the commission; it is disturbing. Vice Mayor Holmes said that he is not supporting UWS and is disappointed with the manager for making the recommendation. He said that he is only one voice. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley No Commissioner Riley Yes Mayor Taylor Yes Commissioner Kelley asked the manager for a copy of all supporting documents for the item. 3 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOVING AN EMPLOYMENT AGREEMENT (EXHIBIT "A") Regular Commission Meeting Minutes—10/26/2016 6 BETWEEN THE CITY AND YVETTE HARRELL AS CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Santiago The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Santiago for discussion. Commissioner Kelley said that the agreement has some changes. He asked for the city attorney to read the changes. City Attorney Brown read the changes. Commissioner Kelley said that he is still upset and challenged with the salary for the city manager. He said that while he agrees with compensating her fairly, that is too much money. He would have preferred if something like this happened when the employees were brought back to their forty (40) hours. It is not a good look and sends the wrong message to employees. Vice Mayor Holmes said that there is a lot he wants to say about the resolution, but he believes in the city manager. He was disappointed with the city managers decision about the waste hauler, but no one will buy his vote. Other people's votes can be bought, but not his. Commissioner Santiago said that the city manager should be compensated fairly. Mayor Taylor said that the city manager took the City when it was in a mess. And she wants to tell her thank you. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Holmes Yes Commissioner Kelley No Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-2): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING A RESOLUTION RENEWING RESOLUTION 16-9252 (EXHIBIT "A") AND RESOLUTION NO. 16-9258 (EXHIBIT `B"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-4): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A SETTLEMENT BETWEEN FERGUSON ENTERPRISES, INC. AND THE CITY OF OPA-LOCKA (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney Regular Commission Meeting Minutes—10/26/2016 7 The above resolutions were read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Santiago to pass the resolutions. The motion on the resolutions passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 14. NEW ITEMS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING THE CITY CANVASSING BOARD AS SET FORTH IN SECTION 8.5-9 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA, FOR THE NOVEMBER 29TH 2016 SPECIAL ELECTION; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson came before the podium to say that she had not received a copy of the add on item and it should have been provided to the public. City Clerk Flores clarified that copies were provided to the public at the opening of the meeting and they may have run out, this is why Ms. Johnson did not receive one. There being no discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS Regular Commission Meeting Minutes—10/26/2016 8 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CREATING CHAPTER 23 OF THE CODE OF ORDINANCES, ESTABLISHING A COMPLAINT PROCESS, METHOD OF INVESTIGATION, AND REMEDIES FOR EMPLOYEES AND INDEPENDENT CONTRACTORS WHO REPORT ACTIVITIES IN VIOLATION OF SECTION 112.3187 OF THE FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, AND REPEALER, AND PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 28, 2016). Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak on the public hearing, the public hearing was closed. Dorothy Johnson said that she is in support of the item so that the employees can have some where to go and voice their concerns. It was moved by Commissioner Santiago, seconded by Commissioner Riley to pass the ordinance on second reading. Commissioner Kelley said that the document needs to clearly reflect that if an employee has an issue with anyone in the organization, they have the options of going to the city manager, the city commission, or the commission on ethics. Commissioner Riley asked that the resolution be amended to include employees piggybacking off of the county's rules and regulations for reporting complaints. It was moved by Commissioner Riley, seconded by Commissioner Kelley to amend the ordinance. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Regular Commission Meeting Minutes—10/26/2016 9 Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 4 ARTICLE I SECTION 4.3— HOURS OF SALE IN GENERAL BY REPEALING AND DELETING ALL REFERENCES TO HOURS OF SALE IN GENERAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 28, 2016). Sponsored by Commissioner Riley The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson said that the City is better off leaving the hours of sale as they are to keep down the crime in the area. She said that the item needs to be deferred to allow for more citizens input. Eddie Dean said that the City has no thriving night life. With ordinances like these, some businesses may want to bring their businesses to the City, but won't because they cannot serve alcohol. Dorothy Johnson said that she does not have a problem with businesses who want to do business. The problem is with the quality of life for the residents. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Santiago for discussion. Commissioner Santiago said that he is not telling anyone how to live their life, but the City has nowhere for him and his wife to go and have a drink. It does not have to be a liquor store,just some kind of restaurant like Longhorn where you can have beer or wine. Commissioner Riley said that businesses that are not able to sell are losing money because they are restricted with when they can sell. The City needs the revenue. Commissioner Santiago had Frank Rollason come to the podium and explain that his City had restaurants and places where you could go on an outing and have a drink if you wanted to. Commissioner Kelley said the new hours of sale should have a cap. Commissioner Riley said that it can be amended to have a cap. Mayor Taylor asked the police department to come up to the podium and speak on the affects that alcohol related crime has on the City. Sharon Gallimore, Assistant Police Chief said that the police department experiences very little alcohol related issues and as of right now the department does not have the man power to cover the hours. Commissioner Kelley said that the ordinance should be reviewed in six months to see if it needs to be amended. Regular Commission Meeting Minutes—10/26/2016 10 It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to pass the ordinance on second reading. There being no further discussion, the motion on the amendment failed by a 3-2 vote. Commissioner Santiago No Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor No There being no discussion, the motion on the ordinance passed by a 3-2 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley No Commissioner Riley Yes Mayor Taylor No C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that she met with the county and they went over the numbers, and that is how she made her decision to go along with UWS. To say otherwise is egregious. She also said that sometimes the oversight board requests things at the last minute and she gives them the information; it is not done to slight the commission. She thanked the commission for approving her contract. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Santiago announced that he will be hosting Bingo on the 4th Friday of this month and everyone is welcomed to attend at no cost to the City. Mayor Taylor told the city manager that she needed to look into having the railways cleared. If you come from up north you can see the difference in maintenance as you go through Opa-locka. Vice Mayor Holmes announced that he will not be giving away turkey's this year for Thanksgiving. Due to the finances of the City, it cannot be afforded at this time. Commissioner Kelley said that the food distribution event that was scheduled for last Friday was cancelled because of issues with the truck, but it will resume next month. Farm Share will be on Wednesday, November 2nd and he is working on having a crime watch program. City Clerk Flores announced election information. Regular Commission Meeting Minutes—10/26/2016 11 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to adjourn the meeting at 9:25 p.m. / MAY•'R ATTEST: ti CITY CLERK Regular Commission Meeting Minutes—10/26/2016 12